How Appealing

Thursday, April 30, 2009

Programming note: Early Friday morning, I'll be traveling to Scranton, Pennsylvania for the oral argument of defendants' post-trial motion filed in a case that law.com previously reported on here. Counsel for the plaintiffs have asked me to assist them both in opposing that post-trial motion and in connection with any appeal that may follow.
Posted at 11:10 PM by Howard Bashman


"Al-Marri pleads guilty to conspiracy": The Peoria Journal Star has this news update.

The Associated Press reports that "Former 'enemy combatant' pleads guilty in Illinois."

And at "SCOTUSblog," Lyle Denniston has a post titled "Lingering issues for Al-Marri."
Posted at 10:38 PM by Howard Bashman



BREAKING NEWS -- "Supreme Court Justice Souter To Retire": Nina Totenberg of National Public Radio has this written report.

NBC News is reporting that "Souter to retire from Supreme Court; His retirement would give Obama his first chance to nominate a justice."

CBS News reports that "Supreme Court Justice Souter To Retire; Centrist Justice Will Remain In Place Until A Successor Is Appointed."

The Associated Press has an article headlined "Source: Justice Souter retiring."

And Politico.com has an article headlined "Reports: Souter plans to retire."

Update: Bill Mears of CNN.com has a profile headlined "Souter known as low-key, fierce defender of individual rights."

The New York Times reports that "Souter Plans to Leave Supreme Court."

And Michael Doyle of McClatchy Newspapers reports that "Souter tells White House that he'll retire from Supreme Court."
Posted at 10:17 PM by Howard Bashman



"Laid-Off Md. Lawyer Who Argued Before High Court Kills Self": This article will appear Friday in The Washington Post.
Posted at 10:14 PM by Howard Bashman


"Does Souter's silence on hiring mean he's leaving?" Mark Sherman of The Associated Press has this report.
Posted at 04:23 PM by Howard Bashman


Available online from the First Amendment Center: Tony Mauro reports that "FCC's 'fleeting expletives' policy in place for now."

And David L. Hudson Jr. has an essay entitled "'Concurring' justice again questions First Amendment precedent."
Posted at 03:40 PM by Howard Bashman



"CAFC Vacates TTAB's 'MOSKOVSKAYA' Vodka Ruling, Clarifies 2(e)(3) Materiality Test": "The TTABlog" has this post today.

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 02:21 PM by Howard Bashman



"Kilpatrick Stockton's Mark Levy Dead": This post appears at "The BLT: The Blog of Legal Times."

And the ABA Journal's "Law News Now" blog has a post titled "Kilpatrick Stockton Lawyer Dead from Gunshot Wound."

Attorney Mark I. Levy served on the Advisory Committee on the Federal Rules of Appellate Procedure, and from time to time he would send me an email passing along items of possible interest to me or other readers of "How Appealing." Although I did not know Levy very well, and had not heard from him recently, I offer my condolences to his family, friends, and colleagues.
Posted at 02:16 PM by Howard Bashman



"Interrogation Results Prompt Scrutiny Of Methods": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:27 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Obama says waterboarding was torture" and "Obama favors changes to state secrets doctrine."
Posted at 10:25 AM by Howard Bashman


"Court lets private schools expel lesbians": Bob Egelko of The San Francisco Chronicle today has an article that begins, "The state Supreme Court left intact Wednesday a lower-court ruling that said a private religious high school wasn't covered by California civil rights law and could expel students it believed were lesbians."
Posted at 10:23 AM by Howard Bashman


"There Goes the Neighborhood: A Fight Over Defining 'Blight.'" Today in The Wall Street Journal, Nathan Koppel has an article that begins, "U.S. Supreme Court rulings on property law don't often serve as clarion calls to wide swaths of the population. But most rulings aren't Kelo v. City of New London."
Posted at 10:18 AM by Howard Bashman


"McDonald's loses trademark battle in Malaysia; Court says McCurry restaurant gets to keep its name": The Chicago Tribune today contains an article that begins, "When it comes to its famous trademarks, McDonald's Corp. is known for McFightin'. But it came up a loser Wednesday in Malaysia, where a court ruled that an Indian restaurant can keep the name McCurry. The case highlights a never-ending battle for big consumer-products companies: staving off alleged attempts to hijack their marquee brands."

Bernama, the Malaysian national news agency, reports that "McDonald's Loses Exclusivity To Prefix 'Mc.'"

The New Straits Times reports that "McCurry is not McDonalds."

The Associated Press reports that "Malaysia Rules McDonald's Has No Monopoly on 'Mc.'"

And Reuters reports that "McCurry beats McDonald's in lawsuit."
Posted at 10:12 AM by Howard Bashman



"Attorneys weigh in on Bybee's torture memos; Opinion called OK, repugnant": This article appears today in The Las Vegas Review-Journal.

And Las Vegas Weekly has posted online an article headlined "Memos on a scandal: Stuffing people in boxes? Facial slaps? Waterboarding? Former UNLV law professor Jay Bybee said none constituted torture while working for Bush."
Posted at 08:32 AM by Howard Bashman



"Court orders county reassessment; Justices say taxation system is 'broken' and unconstitutional": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The Pennsylvania Supreme Court unanimously ruled yesterday that Allegheny County's property reassessment system is unconstitutional and unfair to property owners with lower values and said the county must reassess its property values."

And The Pittsburgh Tribune-Review reports today that "Allegheny County ordered to reassess all properties by state Supreme Court."

Yesterday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a concurring opinion.
Posted at 08:14 AM by Howard Bashman



Wednesday, April 29, 2009

"Skepticism at the Court on Validity of Vote Law": Adam Liptak will have this article Thursday in The New York Times.

Thursday in The Washington Post, Robert Barnes will have an article headlined "Court Reveals Customary Divide In Wrestling With Anti-Bias Law; Kennedy's Vote Will Be Key in Challenge to Voting Rights Act."

Thursday in The Wall Street Journal, Jess Bravin will report that "Justices Debate Future of the 1965 Voting Rights Act."

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "How Can Rights Feel So Wrong? The Supreme Court takes aim at the Voting Rights Act."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Hears Voting Rights Argument" (RealPlayer required).
Posted at 10:35 PM by Howard Bashman



"Supreme Court Upholds F.C.C.'s Shift to a Harder Line on Indecency on the Air": Adam Liptak has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "Supreme Court upholds regulation of 'indecent' language on TV; In a 5-4 decision, the court rules the FCC has the authority to crack down on the 'foul-mouthed glitteratae from Hollywood'; The ruling allows huge fines for airing a single expletive."

Robert Barnes of The Washington Post reports that "Supreme Court Rules that Government Can Fine for 'Fleeting Expletives.'"

Joan Biskupic of USA Today reports that "Court backs 'fleeting expletives' ban; FCC policy stemmed from televised incidents."

And law.com's Tony Mauro reports that "Divided High Court Upholds FCC Ban on 'Fleeting Expletives.'"
Posted at 10:22 PM by Howard Bashman



"Justice Scalia Responds to Fordham Privacy Invasion!" This post appears today at "Above the Law."
Posted at 08:40 PM by Howard Bashman


"Koh faces scrutiny from Senate Republicans": The Yale Daily News has this report.

And at the "Suits & Sentences" blog, Michael Doyle had this post covering yesterday's confirmation hearing.
Posted at 08:34 PM by Howard Bashman



"Court rules against Peltier in documents case": The Associated Press has a report that begins, "Imprisoned American Indian activist Leonard Peltier has lost another round in court in his effort to compel the FBI to disclose about 10,500 pages of documents about his case."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 03:24 PM by Howard Bashman



"Kennedy's Skepticism and Scalia's Odd Comment at Supreme Court Today": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:21 PM by Howard Bashman


"Judge Who Signed Interrogation Memos Invited to Testify": The Washington Post has a news update that begins, "Senate Judiciary Chairman Patrick J. Leahy today invited federal judge Jay S. Bybee to testify about his role in preparing two Justice Department memos that allowed interrogators to engage in simulated drowning and slamming prisoners against a wall."

The Deseret News has an update headlined "Bybee asked to testify on 'torture' memos."

Carolyn Lochhead of The San Francisco Chronicle has a blog post titled "Bybee invited to testify."

At the "Legal Beat" blog of CQ Politics, Keith Perine has a post titled "Leahy Invites Bybee To Testify on Torture Memos."

"The Huffington Post" has an item titled "Leahy Calls On Bybee To Testify On Torture."

And at "TPMMuckraker," Zachary Roth has a post titled "Leahy to Bybee: Why Not Give Us Your Side Of Torture Story?"

You can view a copy of the letter that U.S. Senator Patrick J. Leahy (D-VT) sent today to Ninth Circuit Judge Jay S. Bybee by clicking here. The Senator's office has also issued a news release entitled "Leahy Invites Bybee To Testify Before Senate Judiciary Committee."
Posted at 03:15 PM by Howard Bashman



"Voting Rights Act section that singles out South may be abolished; Supreme Court justices appear to be ready to strike down Section 5, which requires special election supervision for many Southern states": David G. Savage of The Los Angeles Times has this news update.
Posted at 03:10 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Northwest Austin Municipal Util. Dist. No. One v. Holder, No. 08-322: The Court has posted the transcript at this link.
Posted at 03:02 PM by Howard Bashman


"[I]t may be that Russian speakers are a greater percentage of the vodka-consuming public": Must a vodka be from Moscow, Russia in order to be sold under the name "Moskovskaya" in the United States? A three-judge panel of the U.S. Court of Appeals for the Federal Circuit confronts that question in a ruling issued today.

Today's ruling vacates a decision that the Trademark Trial and Appeal Board issued in February 2008. "The TTABlog" previously had this coverage of that decision.
Posted at 02:55 PM by Howard Bashman



"Justices Consider Overturning Voting Rights Act Provision": C-SPAN has made the audio of today's U.S. Supreme Court oral argument available online, on-demand at this link.
Posted at 02:18 PM by Howard Bashman


"Voting rights case at high court Wednesday": Mark Sherman of The Associated Press has an updated report that begins, "The Supreme Court's conservative justices led a sustained attack Wednesday on a key element of the Voting Rights Act that calls for states with a history of discrimination to get advance approval of changes in the way elections are conducted."

At "SCOTUSblog," Lyle Denniston has a post titled "Sec. 5: Searching for a way out."

And at his "Election Law" blog, law professor Rick Hasen is live-blogging the audio broadcast of the oral argument.
Posted at 12:20 PM by Howard Bashman



"Court Allows Civil Torture Case to Proceed": Charlie Savage has this article today in The New York Times.

The Washington Post reports today that "Appeals Court Rejects 'State Secrets' Claim, Revives Detainee Suit."

Bob Egelko of The San Francisco Chronicle reports that "Court rebuffs feds, reinstates torture suit."

Howard Mintz of The San Jose Mercury News reports that "Ruling restores suit against San Jose company linked to 'torture flights.'"

law.com reports that "State Secrets Immunity Claim Doesn't Fly With 9th Circuit in CIA Rendition Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "'State secrets' doctrine narrowed."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 10:38 AM by Howard Bashman



Access today's rulings of the Supreme Court of the United States in argued cases: The Court has issued two rulings in argued cases today.

1. In Kansas v. Ventris, No. 07-1356, Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, David H. Souter, Clarence Thomas, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. Justice John Paul Stevens issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link.

2. And in Dean v. United States, No. 08-5274, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court, in which Justices Scalia, Kennedy, Souter, Thomas, Ginsburg, and Alito joined. Justices Stevens and Breyer each issued dissenting opinions. You can access the ruling at this link and the oral argument transcript at this link.

In early news coverage, The Associated Press has reports headlined "Court: Different shootings bring same penalty" and "Defendant loses case over jailhouse informants."
Posted at 10:20 AM by Howard Bashman



"Justices to Hear Challenge to Anti-Bias Law; No States Subject to Voting Rights Act's Provision Oppose It": Robert Barnes has this article today in The Washington Post.

McClatchy Newspapers report that "Supreme Court today hears Texas challenge to Voting Rights Act."

At ABCNews.com, Ariane de Vogue has an article headlined "Landmark Civil Rights Law in Jeopardy? Court to Examine if Law is Archaic, or Necessary to Protect Minorities' Voting Rights."

Mark Sherman of The Associated Press reports that "Voting rights case at high court Wednesday."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Voting Rights Act Faces New Challenge" (RealPlayer required).

The New York Times contains an editorial entitled "A Challenge to Voting Rights."

In The Houston Chronicle, columnist Rick Casey has an op-ed entitled "Racist schemes called for Voting Rights Act."

And at National Review Online, Hans A. von Spakovsky has an essay entitled "SCOTUS Showdown: The Voting Rights Act; Will the justices let America move on from the Jim Crow era?"
Posted at 09:54 AM by Howard Bashman



"Official Defends Signing Interrogation Memos": Today in The New York Times, Neil A. Lewis has an article that begins, "Judge Jay S. Bybee broke his silence on Tuesday and defended the conclusions of legal memorandums he had signed as a Bush administration lawyer that allowed use of several coercive interrogation practices on suspected terrorists."

The Times of London reports today that "Pressure grows to impeach Judge Jay Bybee over 'torture memos.'"

"The Swamp" blog of The Chicago Tribune yesterday had a post titled "Liberals: Impeach 'torture memo' judge."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "In Torture Memo Furor, Rizzo's Name Is At The Top" (RealPlayer required).
Posted at 09:40 AM by Howard Bashman



Tuesday, April 28, 2009

"Torture Memo Author Not Seen As Ideologue": This audio segment (RealPlayer required) about Ninth Circuit Judge Jay S. Bybee appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:18 PM by Howard Bashman


"Federal court restores torture flight lawsuit against San Jose company": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court today reinstated a lawsuit against a San Jose-based company accused of participating in the CIA's so-called 'torture flights,'' rejecting the Obama administration's argument that it would expose national security secrets."

And The Associated Press reports that "Fed court revives rendition lawsuit against Boeing."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:54 PM by Howard Bashman



"Business Downturn: As the market tumbles, so does the corporate pre-emption defense." David G. Savage will have this article in the May 2009 issue of ABA Journal magazine.
Posted at 02:50 PM by Howard Bashman


"Civil rights institute named for Korematsu": This article appears today in The San Francisco Chronicle.
Posted at 02:45 PM by Howard Bashman


"Supreme Court Rules that Government Can Fine for 'Fleeting Expletives'": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds regulation of 'indecent' language on TV; In a 5-4 decision, the court rules the FCC has the authority to crack down on the 'foul-mouthed glitteratae from Hollywood'; The ruling allows huge fines on broadcasters for airing a single expletive."

Jess Bravin and Amy Schatz of The Wall Street Journal have a news update headlined "Court Upholds FCC 'Fleeting Expletive' Rule."

Greg Stohr of Bloomberg News reports that "FCC Ban on Expletives Revived by U.S. Supreme Court."

James Vicini of Reuters reports that "U.S. top court upholds TV profanity crackdown."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "No Expletives, Fleeting or Otherwise, Uttered by Scalia."
Posted at 02:33 PM by Howard Bashman



"Court hears case of state investigations of banks": Jesse J. Holland of The Associated Press has this report.

And John Schwartz of The New York Times has a news update headlined "Justices Hear Arguments on Bank Regulation."

Earlier, on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Court To Hear Case On Power To Investigate Banks" (RealPlayer required).
Posted at 02:18 PM by Howard Bashman



"Top U.S. court backs Tennessee death row inmate": James Vicini of Reuters has this report.
Posted at 12:30 PM by Howard Bashman


"Sources: Sen. Specter intends to switch parties." The Associated Press has a report that begins, "Several officials say veteran Republican Sen. Arlen Specter of Pennsylvania intends to switch parties, advancing his own hopes of winning a new term next year while pushing Democrats one step closer to a 60-vote filibuster-resistant majority."

Bloomberg News reports that "Senator Arlen Specter to Seek Re-Election as a Democrat."

Reuters reports that "Sen. Specter changing to run as a Democrat."

The "From The Source" blog of The Philadelphia Inquirer has a post titled "Arlen Specter to switch to Democratic party."

"The Caucus" blog of The New York Times has a post titled "Specter To Switch Parties."

And "The Fix" blog of The Washington Post has a post titled "Specter To Switch Parties."

You can access the web site of U.S. Senator Arlen Specter (?-PA) at this link.
Posted at 12:17 PM by Howard Bashman



"Is Crime Victims Rights Law Being Misused in Environmental Cases?" law.com has this report.
Posted at 10:35 AM by Howard Bashman


Access online today's opinions of the U.S. Supreme Court in argued cases: The Court today issued a 5-4 ruling in FCC v. Fox Television Stations, Inc., No. 07-582, also known as the "fleeting expletives" case. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice Thomas also issued a concurring opinion. Justice Kennedy also issued an opinion concurring in part and concurring in the judgment. Justices John Paul Stevens and Ruth Bader Ginsburg each issued dissenting opinions. And Justice Stephen G. Breyer issued a dissenting opinion in which Justices Stevens, David H. Souter, and Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link. This blog's earlier coverage of the oral argument can be accessed here and here.

Today's second ruling issued in Cone v. Bell, No. 07-1114. Justice Stevens delivered the opinion of the Court, in which Justices Kennedy, Souter, Ginsburg, and Breyer joined. The Chief Justice issued an opinion concurring in the judgment. Justice Alito issued an opinion concurring in part and dissenting in part. And Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the ruling at this link and the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Court partly upholds 'dirty words' ban."

And in early news coverage, The Associated Press reports that "FCC 'fleeting expletives' policy in -- for now" and "Court rules for Tenn. death-row inmate."
Posted at 10:20 AM by Howard Bashman



"'I pity the fool': Mr. T on jury duty; Star wows the crowd -- including defendant's family -- but is not chosen." This article appears today in The Chicago Sun-Times.
Posted at 09:40 AM by Howard Bashman


"Who attended 'torture' briefings? A GOP lawmaker wants to know; Rep. Peter Hoekstra seeks full disclosure about who on Capitol Hill knew about US interrogation methods -- a move that may put certain Democrats on the spot." Gail Russell Chaddock of The Christian Science Monitor has this report.

Today's edition of The New York Times contains an article headlined "How '07 ABC Interview Tilted a Torture Debate."

And today in The Wall Street Journal, columnist William McGurn has an op-ed entitled "Torture and the 'Truth Commission': Why has Congress failed to outlaw waterboarding?"
Posted at 09:37 AM by Howard Bashman



"Judge in Asbestos Case Angrily Lectures Prosecutors": The New York Times contains this article today.

The Missoulian reports today that "Charges against 1 defendant dropped in Grace trial."

The Associated Press reports that "Judge slams govt case in Grace asbestos trial."

And Bloomberg News reports that "W.R. Grace Asks Judge to Throw Out 'Political Prosecution.'"

Additional coverage is available from the "Grace Case" blog.
Posted at 09:32 AM by Howard Bashman



"A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry": This article appears today in The New York Times.

Today's edition of The Kansas City Star contains an article headlined "Gay couples line up to wed in Iowa."

The Des Moines Register contains articles headlined "Wedding-day wait ends for same-sex couples"; "Governor says opposition to amendment is consistent with pledge"; "Couples halted in '07 resume plans"; "Protesters are quiet in expressing views"; and "Day's events lead up to parties statewide."

And in news from Connecticut, The Hartford Courant reports that "Phelps' Westboro Baptist Church To Protest Gay Marriage Law."
Posted at 09:24 AM by Howard Bashman



"NRG Appeal in Electricity Case Gets U.S. Supreme Court Review": Greg Stohr of Bloomberg News has this report.
Posted at 09:20 AM by Howard Bashman


In today's edition of The Newark (N.J.) Star-Ledger: The newspaper contains articles headlined "State's new formula for funding schools goes to top court" and "Jersey City defends gun sale restrictions before top court."
Posted at 09:15 AM by Howard Bashman


"Liberals push Bybee impeachment": Josh Gerstein has this article at Politico.com.

And today at Time magazine's web site, you can access a profile headlined "Jay Bybee: The Man Behind Waterboarding."
Posted at 09:07 AM by Howard Bashman



"An 'Appropriate' Education -- A Supreme Court case highlights a question: Why deny D.C. children what special-needs students get?" The Washington Post contains this editorial today.
Posted at 08:55 AM by Howard Bashman


"In Ecuador, High Stakes in Case Against Chevron": This lengthy article appears today in The Washington Post.
Posted at 08:54 AM by Howard Bashman


"Issue of Execution and the Retarded Returns to Supreme Court": Adam Liptak has this article today in The New York Times.

The Tribune Chronicle of Warren, Ohio reports today that "Capital case awaits ruling; Supreme Court decision could affect local man."

And earlier, Sunday's edition of The Cincinnati Enquirer reported that "High court hears death case."
Posted at 08:42 AM by Howard Bashman



"When Banks Discriminate": Today's edition of The New York Times contains an editorial that begins, "The Supreme Court hears arguments on Tuesday in a case that gives the justices a particularly timely chance to allow state officials to act when national banks break the law."
Posted at 08:30 AM by Howard Bashman


"On Voting Rights, Test of History v. Progress": Adam Liptak has this article today in The New York Times.
Posted at 08:27 AM by Howard Bashman


"High Court Ends Sanofi's Fight In Lovenox Case": This article appears today in The Wall Street Journal.

And Greg Stohr and Susan Decker of Bloomberg News report that "Sanofi Rebuffed by U.S. High Court on Lovenox Patent."
Posted at 08:25 AM by Howard Bashman



"How free is student speech?" David L. Hudson Jr. has this news analysis online at the First Amendment Center.
Posted at 08:14 AM by Howard Bashman


The Associated Press is reporting: Jesse J. Holland reports that "Court to hear case on power to investigate banks."

And in other news, "Supreme Court takes up special education case."
Posted at 08:10 AM by Howard Bashman



"Is It a Violation of Privacy Law to Reproduce a MySpace Posting in a Context Where the Very People It Targets Will See It? A California Court Says No, But Allows An Intentional Infliction of Emotional Distress Claim to Stand." Julie Hilden has this essay online at FindLaw.
Posted at 08:05 AM by Howard Bashman


"Thomas and Breyer Discuss Supreme Court Clerk Diversity at Budget Hearing": law.com's Tony Mauro has this report.

Via C-SPAN, you can watch last Thursday's hearing by clicking here.
Posted at 07:58 AM by Howard Bashman



Monday, April 27, 2009

"Houston lawyer defends contract; Critics say job in Pennsylvania is 'pay to play'": This article appears today in The Houston Chronicle.
Posted at 10:58 PM by Howard Bashman


"Justices Could Weigh Free Speech vs. License Plates": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times.
Posted at 07:58 PM by Howard Bashman


Media tycoon Conrad Black and his co-defendants file reply brief in support of their petition for writ of certiorari seeking U.S. Supreme Court review of the Seventh Circuit's affirmance of their federal criminal convictions: You can access the reply brief, filed today, by clicking here.

Earlier this month, I had this post linking to the federal government's brief in opposition.
Posted at 07:48 PM by Howard Bashman



Recent posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "Supreme Court Nixes Oral Argument on Police Interrogation Case."

And David Ingram has a post titled "Supporters of OLC Nominee Push for Confirmation."
Posted at 04:03 PM by Howard Bashman



"The Next War Over the Courts: Conservatives are already fired up about Obama's judicial nominations; Is the White House prepared for the fight?" Doug Kendall and Simon Lazarus have this article in the May 2009 issue of The American Prospect.
Posted at 10:37 AM by Howard Bashman


Access online today's Order List of the Supreme Court of the United States: The Court has posted today's Order List at this link.

The Court today granted review in three cases and requested the views of the Solicitor General in one case.

At "SCOTUSblog," Lyle Denniston has a post titled "Court grants 3, won't reargue Montejo."

And The Associated Press reports that "Court to consider case of immigrant who overslept"; "Court refuses appeal from reputed drug kingpin"; and "Court refuses to let officer sue over his arrest."
Posted at 10:03 AM by Howard Bashman



"Sordid Business: Will the Supreme Court kill the Voting Rights Act?" Law professor Richard L. Hasen -- author of the "Election Law" blog -- has this jurisprudence essay online at Slate.
Posted at 09:58 AM by Howard Bashman


"New administration plays 'I've got a (state) secret': Let judges review whether classified actions need to stay that way." USA Today contains this editorial today.

In response, Andrew M. Grossman has an op-ed entitled "Keep courts out of it: National security policy belongs in the executive branch and Congress."
Posted at 08:37 AM by Howard Bashman



"Advisers Pressed On Memo Fallout; Obama's Stance On Trials Is Issue": This article appears today in The Washington Post. In addition, columnist Michael Gerson has an op-ed entitled "Lines on a Slippery Slope."

The Wall Street Journal reports today that "U.S. Weighs Release of More CIA Memos." The newspaper also contains an editorial entitled "The ACLU's Photo Shoot: Another misguided attempt at 'moral superiority'" and an op-ed by William M. McSwain entitled "Misconceptions About the Interrogation Memos: Their goal was to allow the CIA and military to stay within the parameters of a murky area of the law."

And The Los Angeles Times contains an editorial entitled "Taking on torture: An investigation into the abuse of suspected terrorists is vital, but it must be conducted with care" and an op-ed by Frank Snepp entitled "Tortured by the past: There's a disturbing link between Gitmo and the interrogation tactics I used in Vietnam."
Posted at 08:35 AM by Howard Bashman



"Judge Bybee's cruelty: In approving torture, his remoteness from the actual torturers increases his degree of responsibility." Jon B. Eisenberg had this op-ed yesterday in The Philadelphia Inquirer.
Posted at 08:27 AM by Howard Bashman


"Court Weighs Funding For Special Education; Private-School Tuition at Heart of Case": Robert Barnes and Daniel de Vise have this article today in The Washington Post.
Posted at 08:24 AM by Howard Bashman


"In Iowa, a historic day for gay couples; Starting today, they can get license to wed": This article appears today in USA Today.

Today's edition of The Des Moines Register contains articles headlined "Gays could wed today, but rights don't follow out of state" and "Religious backers of gay marriage celebrate."

And The Associated Press reports that "Iowa becomes 3rd state where gays can legally wed."
Posted at 08:14 AM by Howard Bashman



"N.J. justices weigh limits on gun sales": The Newark (N.J.) Star-Ledger today contains an article that begins, "The state Supreme Court will tackle the always-controversial issue of gun control today when it considers whether cities and towns may enact their own laws limiting the sale of firearms."

And today in The New York Times, Jimmy Carter has an op-ed entitled "What Happened to the Ban on Assault Weapons?"
Posted at 08:07 AM by Howard Bashman



"Next Case: State vs. Federal Power; Justices to Rule if U.S. Treasury Can Shield National Banks From New York Laws." Jess Bravin has this article today in The Wall Street Journal.
Posted at 08:03 AM by Howard Bashman


"Asylum seekers have better luck with northern or female judges; Northern, female judges most likely to let them stay": Abdon M. Pallasch has this article today in The Chicago Sun-Times.
Posted at 07:45 AM by Howard Bashman


Sunday, April 26, 2009

"At 89, Justice John Paul Stevens sees the fruit of his labors; Over 34 years in the Supreme Court, many of the liberal justice's lone dissents have become majority opinions; The most recent example was last week": David G. Savage will have this article Monday in The Los Angeles Times.
Posted at 10:44 PM by Howard Bashman


"Does death row await Casey Anthony? Even if she is sentenced to die, she might not be executed -- few women are in Florida." This article appears today in The Orlando Sentinel.
Posted at 02:50 PM by Howard Bashman


"A Crack in the Wall of Secrecy": The New York Times today contains an editorial that begins, "President Obama's release last week of four graphic torture memos written by the Bush Justice Department was an essential step toward re-establishing the rule of law. It has had another positive, if unintended, result. The disclosure undermined a flimsy claim of state secrets -- first made by the Bush administration and still being pressed by the Obama Justice Department -- to deny a day in court to five victims of the extraordinary rendition program, under which foreigners were abducted and sent to be tortured in other countries."
Posted at 01:36 PM by Howard Bashman


"Why Harold Koh is Dividing the GOP": Massimo Calabresi, the son of Second Circuit Judge Guido Calabresi, has this article online at Time magazine's web site.

And the current issue of The Harvard Law Record contains an article headlined "Calabresi reflects on Catholicism."
Posted at 11:14 AM by Howard Bashman



"A Tragedy That Won't Fade Away: When grisly images of their daughter's death went viral on the Internet, the Catsouras family decided to fight back." This article will appear in the May 4, 2009 issue of Newsweek.
Posted at 11:08 AM by Howard Bashman


"Voting rights lawsuit started in Austin garage; Supreme Court case involves moving utility district polling place 3 blocks": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "Anderson Cooper's people recently phoned Jack Stueber about sending a CNN crew to his suburban Austin garage, joining a media pilgrimage to what might be the least likely racial battleground in America. This Wednesday, the U.S. Supreme Court will hear arguments in a case from Stueber's neighborhood that could redefine the Voting Rights Act of 1965, landmark legislation that outlawed decades of ballot-box discrimination against minorities."
Posted at 11:05 AM by Howard Bashman


Saturday, April 25, 2009

"Same-Sex Ruling Belies the Staid Image of Iowa": Sunday's edition of The New York Times will contain this article.
Posted at 11:25 PM by Howard Bashman


"Effectiveness Of Harsh Questioning Is Unclear; Detainee May Have Faced Few Traditional Tactics": This article will appear Sunday in The Washington Post.

And Sunday's edition of The Los Angeles Times will contain an article headlined "CIA reportedly declined to closely evaluate harsh interrogations; Current and former U.S. officials say the failure to carefully examine the value of 'enhanced' methods like waterboarding -- despite calls to do so as early as 2003 -- was part of a broader trend."
Posted at 11:23 PM by Howard Bashman



"FBI: Key Sept. 11 Leads Obtained Without Torture." This audio segment (RealPlayer required) appeared on Friday evening's broadcast of NPR's "All Things Considered," along with an audio segment entitled "Timeline Reflects Treatment Of Detainees."

And at Politico.com, Josh Gerstein and Craig Gordon have an article headlined "Should America torture?"
Posted at 01:50 PM by Howard Bashman



"At Whitman, A Protest Over Poet's Lifestyle": The Washington Post today contains an article that begins, "A group of seven congregants from Topeka, Kan., set up outside Walt Whitman High School in Bethesda yesterday to protest the sexual orientation of the poet for whom the school was named."

Perhaps next these protestors will target the Walt Whitman Bridge, connecting south Philadelphia and Gloucester City, New Jersey.
Posted at 01:44 PM by Howard Bashman



"Major test on voting rights": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:40 PM by Howard Bashman


"Amid Outcry on Memo, Signer's Private Regret; Friends Say Judge Wasn't Proud of Outcome": This front page article about Ninth Circuit Judge Jay S. Bybee appears today in The Washington Post.

Today's edition of that newspaper also contains articles headlined "In 2002, Military Agency Warned Against 'Torture'; Extreme Duress Could Yield Unreliable Information, It Said"; "Cheney Requests Release of 2 CIA Reports on Interrogations"; and "Pentagon to Release Prisoner Abuse Photos," along with an editorial entitled "Eyes Wide Shut: The Bush administration repeatedly ignored warnings about its detainee interrogation policies."
Posted at 01:32 PM by Howard Bashman



"We're All Torturers Now: Will anything about the U.S. torture scandal ever scandalize us again?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:30 AM by Howard Bashman


"What do you expect? It's talk radio, court says." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court had some advice Friday for anyone whose reputation gets trashed on talk radio: Don't bother suing for slander, because no one reasonably expects objective facts from the typical talk show host."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:28 AM by Howard Bashman



"High court test for voting rights in Texas case": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Rally Planned Next Wednesday."
Posted at 10:24 AM by Howard Bashman



Friday, April 24, 2009

"Congress Shouldn't Impeach Bybee: Much as he deserves it." Law professor Frank Bowman has this jurisprudence essay online at Slate.
Posted at 11:32 PM by Howard Bashman


"Conflict of Interest at Holland & Knight Sets Back Impeachment Inquiry; Facing accusations of perjury and bribery, U.S. District Judge G. Thomas Porteous would be the first federal judge in two decades to be impeached": David Ingram will have this article in Monday's edition of Legal Times.
Posted at 11:07 PM by Howard Bashman


"White House Worried About Johnsen Nomination": At the web site of The Atlantic Monthly, Marc Ambinder has a blog post that begins, "Dawn Johnsen's nomination to head of the Justice Department's Office of Legal Counsel is in trouble, White House officials said today. Vote counters believe that she is several votes shy of the 60 needed to avert a filibuster."
Posted at 09:12 PM by Howard Bashman


"May It Please the Court": Illustrator Maira Kalman has produced this blogged artwork about her recent visit with Justice Ruth Bader Ginsburg at the Supreme Court of the United States.
Posted at 09:08 PM by Howard Bashman


"Judge Richard Posner Questions His Free-Market Faith In 'A Failure Of Capitalism'": Marcus Baram had this article Monday at the Huffington Post.
Posted at 08:57 PM by Howard Bashman


"Judge Posner at the Federal Circuit: Patent on Sex Aid is Obvious." Dennis Crouch has this post at "Patently-O."

My earlier coverage of today's Federal Circuit ruling appears at this link.
Posted at 08:50 PM by Howard Bashman



"White House: No point appealing photos' lawsuit." The Associated Press has a report that begins, "The White House says it was clear an appeal of a court ruling ordering the administration to release photographs of prisoners abused by U.S. military or civilian personnel in Iraq and Afghanistan would not succeed."
Posted at 04:28 PM by Howard Bashman


Failing to provide the jury in a federal child pornography prosecution with mandatory minimum sentencing information that the jury may have used to nullify the defendant's convictions is not a valid ground on which the district court may grant a new trial: The U.S. Court of Appeals for the Second Circuit issued this interesting ruling today.

At his "Sentencing Law and Policy" blog, law professor Doug Berman notes the ruling in a post titled "Notable (and major?) child porn ruling from the Second Circuit."
Posted at 04:25 PM by Howard Bashman



Judge Posner knows an "obvious" sex toy when he sees one: Who could have predicted that having Seventh Circuit Judge Richard A. Posner sit by designation on the U.S. Court of Appeals for the Federal Circuit would produce such material?

In an opinion by Judge Posner that the Federal Circuit issued today, that court has ruled that a patent for sex toys made out of "lubricious" borosilicate glass is invalid for obviousness. Thanks to a reader of this blog for drawing this ruling to my attention.
Posted at 03:18 PM by Howard Bashman



"Minn. high court won't hear Senate case until June": The Associated Press has a report that begins, "Minnesota will head into June without a second U.S. senator under the Supreme Court's schedule for hearing Republican Norm Coleman's appeal."

You can access today's order of the Supreme Court of Minnesota at this link.
Posted at 11:47 AM by Howard Bashman



Dissenting Fifth Circuit judge accuses Pacific Legal Foundation of tilting at windmills in a "thinly veiled Libertarian crusade" aimed at overturning state laws that arguably infringe on private property rights: From the start of his dissenting opinion issued yesterday (at page 22 of the PDF file), it appears that Circuit Judge Jacques L. Wiener, Jr. takes a dim view of the litigation strategy that the Pacific Legal Foundation is employing in challenging a Texas law known as the Open Beaches Act.

But the PLF appears to have the last laugh at this juncture, as the majority -- in an opinion by Chief Judge Edith H. Jones -- has reinstated one key aspect of the PLF-sponsored lawsuit in order to certify a question to the Supreme Court of Texas.

Back in September 2008, The Associated Press had a related report headlined "Texas may seize beach homes due to Hurricane Ike erosion." And earlier this month, The Facts newspaper of Clute, Texas published an article headlined "Briefs due by April 10 in beachfront battle."

Update: At the not-so-thinly veiled Libertarian crusade known as "The Volokh Conspiracy," law professor Eugene Volokh offers his reaction. And at the blog "PLF on Eminent Domain," you can access a post titled "Pacific Legal Foundation Responds to Fifth Circuit Judge's Critique of PLF's Property Rights 'Crusade.'"
Posted at 11:20 AM by Howard Bashman



D.C. Circuit decides Rasul case on remand from the U.S. Supreme Court for reconsideration in light of Boumediene: You can access today's ruling at this link.

Update: The Associated Press reports that "Appeals court tosses Gitmo suit -- again."

And at "SCOTUSblog," Lyle Denniston has a post titled "Detainee torture case rejected anew."
Posted at 11:03 AM by Howard Bashman



"Judge gets lesson in cyber-slander case; Freehold firm's suit involves blogger's rights": The Newark (N.J.) Star-Ledger today contains an article that begins, "A Superior Court judge in Monmouth County yesterday received a crash course in the confusing cyber world of blogs and message boards in his attempt to determine whether a hockey-mom blogger from Washington State defamed a company she was investigating."
Posted at 08:25 AM by Howard Bashman


"The crux of this case is the standard of care to be applied when a player in an adult 'no-check' ice hockey league checks and injures another player in violation of the league rules." A three-judge panel of the Superior Court of Pennsylvania issued this ruling yesterday.
Posted at 08:22 AM by Howard Bashman


"Video of John Demjanjuk shows him walking without assistance": Today's edition of The Cleveland Plain Dealer contains an article that begins, "Videos of John Demjanjuk walking briskly indicate he is healthier than he has claimed and is fit to be deported to Germany for helping the Nazis kill Jews, federal prosecutors said late Thursday."

The latest court filings in the deportation battle can be accessed via the home page of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 07:58 AM by Howard Bashman



Thursday, April 23, 2009

"Brown calls 1996 anti-affirmative action law unconstitutional; California attorney general issues the opinion in response to a request from the state Supreme Court; He appears to be seeking to appeal to liberals in an expected run for governor": Maura Dolan of The Los Angeles Times has this news update.

My earlier coverage appears at this link.
Posted at 10:42 PM by Howard Bashman



"Hardin jail tries for detainees from Gitmo": This article appears today in The Billings Gazette.

And The Associated Press reports that "Montana town wants its empty jail to be new Gitmo."
Posted at 10:40 PM by Howard Bashman



"Let 'em sag, judge rules on Riviera Beach's no-baggy-pants law": Today's edition of The Palm Beach Post contains an article that begins, "Riviera Beach's ordinance banning saggy pants -- overwhelmingly approved by voters -- is unconstitutional, a judge ruled Wednesday. County Judge Laura Johnson held that no matter how 'tacky or distasteful' the fashion style, freedom of choice and liberties guaranteed under the 14th Amendment must prevail."
Posted at 10:37 PM by Howard Bashman


"Sebelius vetoes abortion bill": The Topeka Capital-Journal has a news update that begins, "Gov. Kathleen Sebelius' veto of three bills Thursday was highlighted by rejection of legislation that would have imposed new reporting mandates on late-term abortion doctors in Kansas."

And The Associated Press reports that "Kansas gov vetoes bill on late-term abortions."
Posted at 10:33 PM by Howard Bashman



"Justice Thomas recounts a bad fall": Mark Sherman of The Associated Press has this report.

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Pushing the Supreme Court Toward Transparency."

And Dow Jones Newswires have a report headlined "No Consensus on Cameras In US Supreme Court - Thomas, Breyer."
Posted at 07:33 PM by Howard Bashman



"Obama legal team wants to limit defendants' rights": Mark Sherman of The Associated Press has a report that begins, "The Obama administration is asking the Supreme Court to overrule long-standing law that stops police from initiating questions unless a defendant's lawyer is present, another stark example of the White House seeking to limit rather than expand rights. The administration's action - and several others - have disappointed civil rights and civil liberties groups that expected President Barack Obama to reverse the policies of his Republican predecessor, George W. Bush, after the Democrat's call for change during the 2008 campaign."
Posted at 05:00 PM by Howard Bashman


Available online from The New Republic: In the May 06, 2009 issue of that magazine, law professor Jeffrey Rosen will have an essay entitled "Race to the Top: Like it or not, the president is about to confront civil rights."

And John McWhorter has an essay entitled "Moving Beyond Bias: When black people don't perform as well on standardized tests, what should be done?"
Posted at 04:53 PM by Howard Bashman



"Any Indictment of Interrogation Policy Makers Would Face Several Hurdles": Charlie Savage has this article today in The New York Times. The newspaper also contains a news analysis headlined "At Core of Detainee Fight: Did Methods Stop Attacks?"; an editorial entitled "In the Spirit of Openness"; and an op-ed by Ali Soufan entitled "My Tortured Decision."

Today's edition of The Los Angeles Times contains articles headlined "Prosecuting 'torture memo' authors called 'a real stretch'; Legal experts say prosecutors would have to show that the Bush administration lawyers intentionally misstated the law against torture" and "Interrogation tactics got the OK early on; A Senate report says Bush administration officials signed off on CIA methods without the input of key agencies."

The Washington Post contains articles headlined "Harsh Methods Approved as Early as Summer 2002; Holder Declassifies Timeline of Actions by Top Bush Administration Officials Regarding Interrogation" and "Congress Debates Fresh Investigation Of Interrogations; White House Tries to Quell Controversy."

The Wall Street Journal reports that "Torture Cases Would Face Legal Hurdles." The newspaper also contains an editorial entitled "Presidential Poison: His invitation to indict Bush officials will haunt Obama's Presidency." And U.S. Representative Peter Hoekstra (R-MI) has an op-ed entitled "Congress Knew About the Interrogations: Obama should release the memo on the attacks prevented."

USA Today contains an article headlined "Report: Waterboarding approved earlier; Justice memos came after White House OK of tactics."

McClatchy Newspapers have articles headlined "Document: Cheney, Rice signed off on interrogation techniques" and "Report: Abusive tactics used to seek Iraq-al Qaida link."

The Christian Science Monitor has articles headlined "Obama's torture memo two-step: The administration might want to move on from the issue, but there's pressure from progressive groups and congressional Democrats for further investigation" and "Report says top officials set tone for detainee abuse; Abusive interrogation techniques in Abu Ghraib followed approval of their use in Guantanamo, says a report by Senate Armed Services Committee."

The San Francisco Chronicle reports that "Pelosi backs anti-terror truth commission."

Bloomberg News reports that "Obama's Focus on Authors of Terror Memos Risks Political Furor."

In The Boston Globe, Harvey Silverglate has an op-ed entitled "On torture outrage, let's take a step back."

Online at Slate, John Dickerson has an essay entitled "One More Time, Please: The president is having trouble straightening out his position on torture."

And online at FindLaw, Michael C. Dorf has an essay entitled "Why President Obama Should Consider Pardoning those Who Designed, Authorized, and Carried Out the Bush Policy of Abusing Detainees."
Posted at 09:47 AM by Howard Bashman



"9th Circuit OKs Ban on Gun Shows at County Fairgrounds": law.com has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Monday. My earlier coverage appears at this link.

And at "SCOTUSblog," Lyle Denniston has a post titled "Guns, 'chukas,' and the states." My earlier coverage of the Second Circuit ruling that is the subject of Lyle's post can be accessed here.
Posted at 09:30 AM by Howard Bashman



"3rd Circuit Predicts Change for Pa. Products Liability Law": Amaris Elliott-Engel of The Legal Intelligencer has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued on Tuesday.
Posted at 09:25 AM by Howard Bashman


"Jerry Brown calls Prop. 209 unconstitutional": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The 1996 ballot measure that outlawed preferential treatment for women and minorities in government programs is unconstitutional because it prohibits all affirmative action and fosters the discrimination it was supposed to eliminate, Attorney General Jerry Brown told the state Supreme Court on Wednesday. Brown's opinion, which the court requested in considering a lawsuit that two white-owned contractors brought against San Francisco, could reopen the legal debate on Proposition 209. A federal appeals court upheld the measure in 1997, but the state's high court has never ruled on its validity."

And The New York Times reports today that "Attorney General Challenges Anti-Bias Law in California."
Posted at 09:20 AM by Howard Bashman



"Strip-searches on trial: The Supreme Court is weighing whether such searches violate students' rights; The justices may want to adopt the advice of the Justice Department." This editorial appears today in The Los Angeles Times.
Posted at 09:14 AM by Howard Bashman


"Justices Explore Role Race May Play in Employment": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Justices Weigh Anti-Bias Move's Impact on Whites." In addition, columnist Dana Milbank has a "Washington Sketch" essay entitled "The Supremes Sing the Oldies."

David G. Savage of The Los Angeles Times reports that "Supreme Court weighs race in hiring and promotions; The justices hear an appeal by white firefighters from Connecticut, who say their exam results were thrown out when city officials realized it would mean no black colleagues would be promoted."

Joan Biskupic of USA Today reports that "Court tackles racial bias in work promotions; White firefighters allege discrimination."

In The Wall Street Journal, Jess Bravin reports that "High Court Weighs Bias in Firefighters' Test."

Warren Richey of The Christian Science Monitor reports that "Reverse-discrimination case splits Supreme Court; Justice Kennedy appears to be the tiebreaking vote on whether New Haven, Conn., discriminated against white firefighters."

The Hartford Courant reports that "U.S. Supreme Court Hears New Haven Firefighters' Reverse Discrimination Arguments."

law.com's Tony Mauro reports that "All Eyes on Kennedy in Firefighters Discrimination Case at High Court."

And The Yale Daily News reports that "Race bias case divides Court."
Posted at 09:07 AM by Howard Bashman



"Fumo seeks an order for a new trial; His lawyers said that the evidence against him was insufficient, and that the judge had erred": Emilie Lounsberry has this article today in The Philadelphia Inquirer.

And The Philadelphia Daily News reports today that "Lawyers ask acquittal or new trial for Fumo."
Posted at 08:54 AM by Howard Bashman



"The Case for a Federalism Amendment: How the Tea Partiers can make Washington pay attention." Law professor Randy E. Barnett has this op-ed today in The Wall Street Journal.
Posted at 08:33 AM by Howard Bashman


"Employers Watching Workers Online Spurs Privacy Debate": Dionne Searcey has this article today in The Wall Street Journal.
Posted at 08:30 AM by Howard Bashman


"Law School begins search for new dean": Today's edition of The Yale Daily News contains an article that begins, "With a date now set for Yale Law School Dean Harold Hongju Koh's confirmation hearing, the school is ready to begin the search for his successor."
Posted at 08:27 AM by Howard Bashman


"Senior Justice Dept. nominee faces GOP roadblock in Senate": McClatchy Newspapers have a report that begins, "President Barack Obama's nomination of an Indiana University law professor to head the Justice Department's Office of Legal Counsel is meeting stiff resistance in the Senate, stalled for a month by Republicans who say she's a polarizing figure because she aggressively criticized the Bush administration's legal rationale on torturing terrorism suspects and radical in her views on abortion rights."
Posted at 08:22 AM by Howard Bashman


"Court sits out stimulus fight; Chapin student had sued to get decision on control of $700 million": The State newspaper of Columbia, South Carolina today contains an article that begins, "South Carolina's highest court has decided not to hear a case asking the court to decide who -- Gov. Mark Sanford or the Legislature -- controls a disputed $700 million in federal stimulus money. But the attorneys who filed the case said it leaves open the possibility the court could decide the issue later."

You can access yesterday's order of the Supreme Court of South Carolina at this link.
Posted at 08:15 AM by Howard Bashman



"Blogger seeks to protect sources; N.J. case could define for free speech on web": This article appears today in The Newark (N.J.) Star-Ledger.
Posted at 08:10 AM by Howard Bashman


"Fla. judge's career finished over ties to stripper": The Associated Press has this report.
Posted at 07:55 AM by Howard Bashman


"Judge says integrity of Justice Department at issue in Al-Arian case": This article appears today in The St. Petersburg Times.
Posted at 07:48 AM by Howard Bashman


"Breyer, Thomas on Hill Thursday to discuss budget": The Associated Press has this report.
Posted at 07:45 AM by Howard Bashman


Wednesday, April 22, 2009

"Another loss for parents of Trolley Square victim; A court denies their appeal relating to a gun dealer": Pamela Manson of The Salt Lake Tribune has a news update that begins, "An appeals court on Wednesday declined once more to declare that Vanessa Quinn, who was killed in the Trolley Square massacre, was the victim of the illegal sale of a handgun to shooter Sulejman Talovic."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:52 PM by Howard Bashman



"Despite deadline, Carcieri has not yet selected the next Supreme Court chief justice": This article appears today in The Providence (R.I.) Journal.
Posted at 10:35 PM by Howard Bashman


"Supreme Court looks at race factor in hiring and promotions; Justices hear an appeal by white firefighters from Connecticut, who say their promotional exam results were thrown out when officials realized it would mean no black colleagues would be promoted": David G. Savage of The Los Angeles Times has this news update.

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Justices Weigh Bias In Promotions Test" (RealPlayer required) featuring Nina Totenberg.
Posted at 08:15 PM by Howard Bashman



"Abolish the White House Counsel: And the Office of Legal Counsel, too, while we're at it." Law professor Bruce Ackerman has this jurisprudence essay online at Slate.
Posted at 07:44 PM by Howard Bashman


"Court divided on reverse discrimination claims": Mark Sherman of The Associated Press has this report.

Update: You can access the transcript of today's U.S. Supreme Court oral argument in Ricci v. DeStefano, No. 07-1428, by clicking here.
Posted at 02:28 PM by Howard Bashman



Ninth Circuit Judge Jay S. Bybee decides appeal with a tortuous procedural history: According to his opinion for a unanimous three-judge panel, "The events at issue span twenty years, resulted in congressional hearings, and involve litigation in three circuits. We are not sure if the appropriate literary metaphor belongs to Tolstoy or to Kafka, but we are going to set forth the history of this case in some detail."

Today's ruling hands the federal government at least a very small victory in a case where a private claimant had secured an arbitration award against the federal government totaling more than $93 million.
Posted at 02:12 PM by Howard Bashman



"7th Circuit Nominee To Go Before Senate Judiciary Again": Keith Perine had this post yesterday afternoon at the "Legal Beat" blog of CQ Politics.

And yesterday afternoon at National Review Online's "Bench Memos" blog, Ed Whelan had a post titled "The Confirmation Rush Continues."
Posted at 12:22 PM by Howard Bashman



Khat's paw: The U.S. Court of Appeals for the Second Circuit issued this ruling today.
Posted at 11:03 AM by Howard Bashman


Access today's U.S. Supreme Court ruling in an argued case: The Supreme Court of the United States today issued its ruling in Nken v. Holder, No. 08-681. Chief Justice John G. Roberts, Jr. delivered the opinion of the Court, in which Justices John Paul Stevens, Antonin Scalia, Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. Justice Kennedy also issued a concurring opinion, in which Justice Scalia joined. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the ruling at this link and the oral argument transcript at this link.

In early news coverage, The Associated Press reports that "Court makes it easier to fight deportation."
Posted at 10:38 AM by Howard Bashman



"Court: State must pay Jehovah's Witness benefits." The Casper (Wyo.) Star-Tribune today contains an article that begins, "The widow of a man who died after he refused a blood transfusion for religious reasons is entitled to workers compensation death benefits, the Wyoming Supreme Court ruled Tuesday."

And The Associated Press reports that "Court orders benefits in Jehovah's Witness case."

You can access yesterday's ruling of the Supreme Court of Wyoming at this link.
Posted at 09:42 AM by Howard Bashman



"Lawyer tells court CIA memos undermine case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Foreign prisoners who accused a Bay Area company of arranging torture flights for the CIA told a federal appeals court Tuesday that the Obama administration's disclosure of memos on brutal CIA interrogations undermined its claim that their lawsuit would endanger national secrets."
Posted at 09:35 AM by Howard Bashman


"Supreme Court hears arguments in school strip-search case; The justices' questions suggest they're reluctant to limit administrators' ability to look for drugs, even in the case of ibuprofen": David G. Savage has this article today in The Los Angeles Times.

And in today's edition of USA Today, Joan Biskupic and Greg Toppo report that "Girl's strip search argued in court; Justice Roberts questions limits on schools."
Posted at 09:34 AM by Howard Bashman



"Different approaches for two men at center of 'torture memo' controversy; While John Yoo fiercely defends his legal justification for harsh interrogation tactics before a skeptical crowd in Orange County, federal appeals court Judge Jay Bybee maintains a low profile": Carol J. Williams has this article today in The Los Angeles Times. The newspaper also contains articles headlined "Military helped with CIA interrogation tactics, report says; A senator says the report 'connects the dots' to show how techniques familiar to military experts found their way into controversial memos by the Justice Department" and "Obama open to inquiry on CIA tactics; The president reaffirms that agents won't be prosecuted, but says those who shaped the legal arguments might."

Today's edition of The New York Times contains articles headlined "In Adopting Harsh Tactics, No Inquiry Into Their Past Use"; "Report Gives New Detail on Approval of Brutal Techniques"; "Banned Techniques Yielded 'High Value Information,' Memo Says"; and "Obama Won't Bar Inquiry, or Penalty, on Interrogations."

The Washington Post contains articles headlined "Obama Open to Prosecuting Bush Officials Over Abuse; President Talks of Independent Panel on Interrogation Policy"; "Harsh Tactics Readied Before Their Approval; Senate Report Describes Secret Memos"; and "Intelligence Chief Says Methods Hurt U.S."

Jess Bravin of The Wall Street Journal reports that "Interrogation Views Spread With Help of Bush Aides." The newspaper also contains an article headlined "Probes of Bush Officials Loom; Obama Opens Door to Prosecuting Interrogation Architects; Republicans Rip Comments" and an editorial entitled "Obama and the CIA: A President can't placate the left and keep America safe."

USA Today reports that "Obama open to probe into interrogations; Says legal action up to AG Holder." The newspaper also contains an editorial entitled "Memos confirm torture, but what was the yield? Actions undercut U.S. standing; panel could point way forward" and an op-ed by Marc A. Thiessen entitled "Interrogation methods work: Release of memos aids al-Qaeda, confirms program's effectiveness."

Gail Russell Chaddock of The Christian Science Monitor reports that "Obama says CIA memos could yet lead to charges; Those who wrote the memos are not in the clear, he says, but any investigation must be above partisanship."

In The Boston Globe, columnist Jeff Jacoby has an op-ed entitled "A tortured debate over the 'torture memos.'"

The Associated Press reports that "3 lawyers face scrutiny for torture advice."

And from National Public Radio, today's broadcast of "Morning Edition" contained an audio segment entitled "Democrats Push For Memo Writers' Prosecution." Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Interrogation Policymakers Might Still Face Charges" and "Psychologists Dispute Claim in Interrogation Memos." And yesterday's broadcast of "Morning Edition" contained audio segments entitled "Obama Defends Releasing Interrogation Memos" and "Conservatives Upset By Release Of Memos."
Posted at 09:02 AM by Howard Bashman



"Supreme Court Cuts Back Officers' Searches of Vehicles": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Supreme Court Limits Warrantless Car Searches."

David G. Savage of The Los Angeles Times reports that "Supreme Court scales back police right to search cars; The ruling limits searches to cases when there may be a weapon within the suspect's reach or evidence related to the arrest; The decision sets aside broader powers granted by the court in 1981." The newspaper also contains an editorial entitled "Supreme Court puts brakes on car searches; The justices not only clarified the rules on police searches of vehicles, they showed that the desire to hold officers accountable to the Constitution crosses ideological lines."

Jess Bravin of The Wall Street Journal reports that "High Court Curbs Power of Police to Search Cars."

And in The Arizona Daily Star, Howard Fischer reports that "US justices limit vehicle searches."
Posted at 08:42 AM by Howard Bashman



"Review of Governor's Conviction Sought": Today in The New York Times, John Schwartz and Charlie Savage have an article that begins, "Less than a month after the Justice Department asked a judge to drop the case against former Senator Ted Stevens of Alaska because of prosecutorial misconduct, 75 former state attorneys general from both parties have urged Attorney General Eric H. Holder Jr. to conduct a similar investigation of the prosecution of former Gov. Don Siegelman of Alabama, who was convicted nearly three years ago on bribery and corruption charges."

The newspaper has posted online at this link the letter requesting review.
Posted at 08:40 AM by Howard Bashman



"2nd Circuit Reverses Reprimand of Dorsey & Whitney; But panel finds 'abundant' proof for sanctions against ex-partner": law.com has this report.

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:07 AM by Howard Bashman



"U.S. Supreme Court To Hear New Haven Fire Fighters Reverse Discrimination Case": This article appears today in The Hartford Courant.

Mark Sherman of The Associated Press reports that "High court hears reverse discrimination arguments."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Supreme Court Hears Firefighter Promotion Case" (RealPlayer required).

The New York Times today contains an editorial entitled "A Bad Test."

The Washington Post contains an editorial entitled "Trouble in the Firehouse: Firefighters, civil rights law and the politics of race collide at the Supreme Court."

And The Wall Street Journal contains an editorial entitled "Race in the Workplace: New haven firemen passed their test, but lost a promotion." In addition, Abigail and Stephan Thernstrom have an op-ed entitled "New Haven's Racial Test: Merit doesn't matter for city firefighters."
Posted at 08:04 AM by Howard Bashman



Tuesday, April 21, 2009

Ninth Circuit reinstates lawsuit alleging that Arizona's private school scholarship tax credit program, as applied, violates the Establishment Clause of the U.S. Constitution: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

In news coverage, The Associated Press reports that "Court revives challenge to Ariz. school tax credit."
Posted at 11:14 PM by Howard Bashman



"Supreme Court to hear reverse-discrimination case; In a potentially influential case, white and Hispanic firefighters in New Haven, Conn., claim racial bias in promotion": Warren Richey of The Christian Science Monitor has this report.

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Justices To Weigh Bias In Civil Service Tests" (RealPlayer required).
Posted at 10:33 PM by Howard Bashman



"Court Debates Strip Search of Student": Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Justices' Takes on Strip Search Vary; Case of 13-Year-Old Reflects Different Perspectives on Bench."

And Michael Doyle of McClatchy Newspapers reports that "Justices consider whether strip-search at middle school is OK."
Posted at 10:24 PM by Howard Bashman



"Court puts limits on car searches by police": David G. Savage will have this article Wednesday in The Chicago Tribune.

Robert Barnes of The Washington Post has a news update headlined "High Court Limits Searches of Suspect's Car After Arrest."

And Warren Richey of The Christian Science Monitor reports that "Top court clips police authority to search cars; Supreme Court limits warrantless police searches to instances when an officer or evidence is in danger."

You can access today's 5-4 ruling of the U.S. Supreme Court in Arizona v. Gant, 07-542, at this link.
Posted at 08:57 PM by Howard Bashman



"Supreme Court hears case of strip-searched schoolgirl; It heard arguments Tuesday on whether Arizona school officials violated Fourth Amendment privacy rights in strip-searching a 13-year-old girl": Warren Richey of The Christian Science Monitor has this report.

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Supreme Court Hears School Strip Search Case" (RealPlayer required).

Earlier, on today's broadcast of NPR's "Morning Edition," Totenberg previewed the oral argument in an audio segment entitled "Supreme Court To Hear School Strip-Search Case" (RealPlayer required).

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Search Me: The Supreme Court is neither hot nor bothered by strip searches."
Posted at 08:14 PM by Howard Bashman



"Judge: Free Press reporter can protect sources." The Detroit Free Press has a news update that begins, "U.S. District Judge Robert Cleland just ruled that Free Press reporter David Ashenfelter does not have to reveal his sources in a 2004 article about an embattled federal prosecutor. Cleland accepted Ashenfelter's argument that naming his sources would violate Ashenfelter's Fifth Amendment right under the U.S. Constitution to avoid self-incrimination."

The Detroit News has an update headlined "Free Press reporter doesn't have to reveal source, federal judge rules."

And The Associated Press reports that "Judge upholds right of reporter to not ID sources."
Posted at 08:10 PM by Howard Bashman



"Impeachment of U.S. judge urged; N.Y. congressman denounces Bybee for 'torture memos'": This article appears today in The Las Vegas Review-Journal.

And The Deseret News reports today that "Many seeking to impeach former BYU law graduate Bybee over torture memos."
Posted at 06:08 PM by Howard Bashman



"Legal experts want more from Obama on Guantanamo; The administration appears to have moved the issue, along with global warming, to the back burner as it confronts the economic crisis, world lawyers say": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 06:00 PM by Howard Bashman


"U.S. appeals court upholds 'gilded cage' sentence for tax cheat": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And today in The Pittsburgh Tribune-Review, Jason Cato has an article headlined "Washington County tax cheat may serve sentence in his mansion."

You can access last Friday's en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 05:55 PM by Howard Bashman



"Court to Weigh Legality Of Animal Abuse Videos": Robert Barnes has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that "Supreme Court to decide whether dogfight video is free speech; Justices agree to hear a case testing the constitutionality of a law against depictions of animal cruelty."

And Jason Cato of The Pittsburgh Tribune-Review reports that "Supreme Court agrees to hear case on dogfighting videos."
Posted at 05:45 PM by Howard Bashman



"Strip searching students illegal? Supreme Court not so sure; Justices appear unconvinced that the searches should be declared out of bounds; A 13-year-old honors student in Arizona was strip searched in a hunt for drugs." David G. Savage of The Los Angeles Times has this news update.

Jesse J. Holland of The Associated Press reports that "Justices hear arguments over school strip search."

Greg Stohr and Kristin Jensen of Bloomberg News reports that "School Strip-Search Draws Questions at Top U.S. Court."

James Vicini of Reuters reports that "U.S. top court considers school strip search."

At "SCOTUSblog," Lyle Denniston has a post titled "A fear may drive a decision."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Arizona Searches and the Supreme Court."

And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Justices Hear Arguments in School Strip-Search Case."

You can access the transcript of today's U.S. Supreme Court oral argument in Safford Unified School Dist. #1 v. Redding, No. 08-479, by clicking here.
Posted at 05:15 PM by Howard Bashman



"California's gay marriage trailblazers look East for signs of progress": This article appears today in The Sacramento Bee.
Posted at 05:05 PM by Howard Bashman


"Obama Open to Inquiry in Interrogation Abuses": The New York Times has a news update that begins, "President Obama on Tuesday left open the door to creating a bipartisan commission that would investigate the Bush administration's use of harsh interrogation techniques on terrorism suspects, and he did not rule out taking action against the lawyers who fashioned the legal guidelines for the interrogations."

The Washington Post has a news update headlined "Obama Open to Probe, Prosecutions of Top Officials Over Interrogations."

The Los Angeles Times has a news update headlined "Obama remarks on torture memos leave open possibility of prosecution; The president opposes prosecution of CIA operatives, but high-level officials who authorized the actions may not be immune."

Steven Thomma and Marisa Taylor of McClatchy Newspapers have an article headlined "Obama: Prosecution possible for those who OK'd torture."

And The Associated Press has reports headlined "Obama open to prosecution, probe of interrogations"; "Unresolved debate in DOJ memos: Does torture work?"; and "Cheney: US gained information from interrogations."
Posted at 05:00 PM by Howard Bashman



"Franken asks high court to act quickly; Minnesota's need for its second senator justifies prompt hearing, Franken says": The Minneapolis Star Tribune has this news update.

And The Associated Press reports that "Franken lawyers seek expedited handling of appeal."

At his "Election Law" blog, Law Professor Rick Hasen has this post linking to the motion.
Posted at 04:40 PM by Howard Bashman



"Obama nominee touches a nerve in conservatives": The Boston Globe today contains an article that begins, "Harold Hongju Koh, the Boston-born dean of Yale Law School, has spent part of his academic career analyzing the ways international law can influence a country's domestic laws."
Posted at 04:33 PM by Howard Bashman


Monday, April 20, 2009

Programming note: On Tuesday morning, I'll be among the many attorneys presenting oral argument to a three-judge panel of the U.S. Court of Appeals for the Third Circuit in the related cases listed here.

The U.S. Supreme Court will likely release one or more opinions in argued cases at 10 a.m. eastern time on Tuesday. "SCOTUSblog" will provide timely coverage of any developments.

Additional posts will appear here on Tuesday afternoon.
Posted at 10:35 PM by Howard Bashman



Available online from law.com: Marcia Coyle reports that "High Court to Rule on Bias Avoidance in Major Job Discrimination Case."

And Shannon P. Duffy reports that "3rd Circuit Hands Major Victories to Criminal Defense Bar."
Posted at 10:30 PM by Howard Bashman



"Justices Hear Arizona Case On Teaching English": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:20 PM by Howard Bashman


"Justice Dept. asks court to lift Demjanjuk stay": The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman


"Coleman files Senate appeal with state Supreme Court": The Minneapolis Star Tribune has this news update.

The St. Paul Pioneer Press has a news update headlined "Coleman files notice to appeal."

And The Associated Press reports that "Minnesota Senate race moves to high court appeal."

At his "Election Law" blog, Rick Hasen has a post titled "Coleman Appeals."
Posted at 08:55 PM by Howard Bashman



"Obama Urges C.I.A. Not to Be Discouraged by Memos": This article will appear Tuesday in The New York Times.

The Washington Post has a news update headlined "In Visit, Obama Vows Support for CIA."

And The Associated Press reports that "Obama defends secret memo release to CIA employees."
Posted at 08:40 PM by Howard Bashman



"Justices to Rule on Law Banning the Depiction of Cruelty to Animals": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 08:37 PM by Howard Bashman


"Court weighs state's duty to English learners": The Associated Press has a report that begins, "The Supreme Court seemed to divide into liberal and conservatives camps Monday during arguments in a case that could limit the power of federal courts to tell states to spend more money to educate students who aren't proficient in English."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Advocate Starr Watches as Justices Breyer and Scalia Spar."

And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Justices Weigh Arizona ELL Case."

You can access the transcript of today's U.S. Supreme Court oral argument in Horne v. Flores, No. 08-289, by clicking here.
Posted at 05:00 PM by Howard Bashman



"Dog-fighting videos at heart of Supreme Court case; The court will consider a law that bans the sale or possession of photos or videos of animals being harmed or mutilating one another; Free speech and animal cruelty are issues at stake in the case": David G. Savage of The Los Angeles Times has this news update.

Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "High court to hear dog fight video case."

Greg Stohr of Bloomberg News reports that "Animal Cruelty Law Draws U.S. High Court Review in Speech Case."

And James Vicini of Reuters reports that "US Supreme Court to rule on animal cruelty law."
Posted at 02:12 PM by Howard Bashman



"Justices skeptical on allowing Iraq to be sued": Jesse J. Holland of The Associated Press has this report.
Posted at 02:07 PM by Howard Bashman


Bob Egelko of The San Francisco Chronicle is reporting: In today's newspaper, he has an article headlined "Torture case lawyers may face jail for letter."

And in this past Saturday's newspaper, he had an article headlined "Judge rejects bid to derail wiretap challenge."
Posted at 02:05 PM by Howard Bashman



"Court to give same-day audio in voting rights case": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Early release of voting rights audio."
Posted at 02:00 PM by Howard Bashman



"[W]e must decide whether the Second Amendment applies to the states through the Fourteenth, a question that Heller explicitly left open." In an opinion issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers "yes." Circuit Judge Diarmuid F. O'Scannlain wrote today's ruling, in which Circuit Judge Ronald M. Gould and Senior Circuit Judge Arthur L. Alarcon joined. Judge Gould also wrote a short concurring opionion.

At "The Volokh Conspiracy," Eugene Volokh notes today's ruling in this post.
Posted at 01:44 PM by Howard Bashman



"13-year-old's school strip-search case heads to Supreme Court": CNN.com has this report.
Posted at 12:10 PM by Howard Bashman


"Court rejects former Kan. utility CEO's appeal": The Associated Press has a report that begins, "The U.S. Supreme Court has rejected the appeal from former Kansas utility head David Wittig of his prison sentence following a 2003 bank fraud conviction."
Posted at 12:00 PM by Howard Bashman


"Killers languish on Pennsylvania death row as appeals drag on, stats show": This article appears today in The Pittsburgh Tribune-Review.

And yesterday's edition of The Pittsburgh Post-Gazette contained articles headlined "For those convicted, it's a long road to the death penalty; Even if Richard Poplawski were to be sentenced to die, it may not happen" and "States finding death penalty's costs prohibitive."
Posted at 11:05 AM by Howard Bashman



Happy birthday to Justice John Paul Stevens: According to today's installment of the popular "Today in History" feature from The Associated Press, Justice Stevens turns 89 years old today.
Posted at 10:42 AM by Howard Bashman


The Associated Press is reporting: "Court to decide if prosecutors can be sued";

"Court turns down challenge to jury's use of Bible"; and

"Va. whistleblower loses bid for reinstatement."
Posted at 10:37 AM by Howard Bashman



"Crush with Eyeliner": At "SCOTUSblog," Lyle Denniston reports that "Court to rule on First Amendment exception."

And The Associated Press reports that "High court to review pit bull case."

You can access today's Order List of the Supreme Court of the United States at this link.

The en banc ruling of the U.S. Court of Appeals for the Third Circuit in this case can be accessed here. Some of this blog's earlier coverage of the case can be accessed here and here.

The video of the R.E.M. song that provides the title for this post can be viewed by clicking here.
Posted at 10:24 AM by Howard Bashman



"Annals Of Impeachment: Oust Bybee? Times' Call For Judge's Impeachment Reflects Widespread Frustration With Obama's Inaction On Torture." CBS News legal analyst Andrew Cohen has this "CourtWatch" essay.

I linked to the editorial to which Cohen is referring in this post from Saturday night.
Posted at 09:55 AM by Howard Bashman



"Mental damage from CIA tactics is disputed; Justice Department memos say no permanent harm was inflicted from interrogation techniques, but some doctors and psychologists disagree": This article appears today in The Los Angeles Times.

The New York Times reports today that "Waterboarding Used 266 Times on 2 Suspects."

The Washington Post reports that "Emanuel Rejects Trial for Memos' Authors."

And in The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled "The Memos Prove We Didn't Torture: The Red Cross was completely wrong about 'walling.'"
Posted at 08:07 AM by Howard Bashman



"Unreasonable Search": The New York Times today contains an editorial that begins, "The Supreme Court has long struggled to balance the privacy rights of students against schools' need to keep campuses safe."

And today's edition of The Washington Post contains an editorial entitled "Strip Searches in School: The Supreme Court must weigh the rights of students against the duty of school officials to protect safety."
Posted at 08:00 AM by Howard Bashman



"Justices to hear Ariz. case; U.S. high court may settle English-learner controversy": This article appears today in The Arizona Republic.

Today in The Arizona Daily Star, Howard Fischer reports that "Justices get AZ bilingual case today; US Supreme Court to hear arguments on whether state meets language orders."

The Associated Press reports that "Court to weigh state's duty to English learners."

And today's broadcast of NPR's "Morning Edition" contains an audio segment entitled "Supreme Court Hears Case On English In Schools" (RealPlayer required) featuring Nina Totenberg.
Posted at 07:54 AM by Howard Bashman



"The New Nattering Nabobs of Negativism Are Gunning For Obama's Judicial Nominees: A Republican Strategy That We Must All Hope Fails." John W. Dean has this essay online at FindLaw.
Posted at 07:45 AM by Howard Bashman


Sunday, April 19, 2009

"Should Texas judges be appointed instead of elected? Huge political hurdles impede efforts to end judicial elections in Texas." Chuck Lindell will have this article Monday in The Austin American-Statesman.
Posted at 10:44 PM by Howard Bashman


"Minn. Senate case tests court that shuns politics": The Associated Press has a report that begins, "Republican Norm Coleman's next and possibly last gambit for regaining his U.S. Senate seat will come before a Minnesota Supreme Court that seems built to his advantage: Five of the seven justices were put there by Republican governors."
Posted at 10:42 PM by Howard Bashman


"Does Arizona's system serve? After 17 years, Flores English suit goes to high court." Sarah Garrecht Gassen has this op-ed today in The Arizona Daily Star.
Posted at 10:40 PM by Howard Bashman


"It's a woman's world on the Tennessee Supreme Court; Three woman who make up majority on Tennessee's Supreme Court say law wasn't first choice on career list": This article appears today in The Knoxville News Sentinel.
Posted at 10:37 PM by Howard Bashman


"Supreme Court's bench has never been less diverse: Race and gender are important, but with six Harvard justices, President Obama should consider geographic, professional, and social backgrounds, too, when he evaluates nominees." On Friday, The Christian Science Monitor posted online this essay by Ronald Sokol.
Posted at 10:35 PM by Howard Bashman


"Supreme Court to get Ariz. teen strip-search case": The Associated Press has this report.
Posted at 08:44 PM by Howard Bashman


In the April 27, 2009 issue of Newsweek: Michael Isikoff and Evan Thomas have an article headlined "The Lawyer and The Caterpillar: Torture is a complicated business, and the real world is never as neat as the imagined one."

And Stuart Taylor Jr. and Evan Thomas have an article headlined "The Long Arm of the Law: A looming battle over the role foreign judges should play in U.S. courts."
Posted at 08:04 PM by Howard Bashman



"Strip-searches at schools go to Supreme Court; In an Arizona case, administrators were worried about campus safety, while the student just felt humiliated": David G. Savage has this article today in The Los Angeles Times.
Posted at 09:24 AM by Howard Bashman


Saturday, April 18, 2009

"Preview: Strip-search of students." Lyle Denniston has this oral argument preview at "SCOTUSblog."
Posted at 11:37 PM by Howard Bashman


"Conservatives gaining sway on a liberal bastion; The U.S. 9th Circuit Court of Appeals has been resolving disputes for 150 years in a region once prone to settling differences with pistols; Despite today's decorum, ideological gunfights still blaze": Carol J. Williams will have this article Sunday in The Los Angeles Times.
Posted at 11:34 PM by Howard Bashman


"High Court Poised To Closely Weigh Civil Rights Laws; Cases Heard as Nation Debates Race": Robert Barnes will have this article Sunday in The Washington Post.
Posted at 11:32 PM by Howard Bashman


"Justice Dept. Memos' Careful Legalese Obscured Harsh Reality": Sunday's edition of The Washington Post will contain a news analysis that begins, "The four Justice Department memos to the CIA's top lawyer that were released last week reflect an effort by Bush administration appointees to create finely tuned justifications for harsh interrogation techniques, all under a blanket of secrecy covering the agency's prisons and the questioning."

And Sunday's edition of The New York Times will contain an editorial entitled "The Torturers'' Manifesto."
Posted at 11:30 PM by Howard Bashman



"Abortion notification bill stalls in Senate health committee; Health committee chairwoman says it needs more work": The Anchorage Daily News today contains an article that begins, "The Legislature dealt another blow to Gov. Sarah Palin on Friday when a bill requiring girls under 17 to tell their parents they're about to have an abortion failed to move from committee, effectively ending its chance of passage this year."
Posted at 08:30 PM by Howard Bashman


"Interior won't challenge rule on guns in parks": The Associated Press has a report that begins, "The Obama administration said Friday it will not appeal a federal court ruling that prohibits carrying loaded guns in national parks and wildlife refuges."
Posted at 08:27 PM by Howard Bashman


"Palin to make 3rd Supreme Court pick; Justice Eastaugh to retire Nov. 2": The Anchorage Daily News today contains an article that begins, "Gov. Sarah Palin will soon get to appoint a third Alaska Supreme Court justice, which means she will have named a majority of the five-member court in less than three years in office."
Posted at 04:08 PM by Howard Bashman


"Reverse discrimination case could transform hiring": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman


"Missouri Brakes: The Sue Me State reconsiders judicial selection." Today's edition of The Wall Street Journal contains an editorial that begins, "The Missouri plan for choosing judges may be the law of the land in some two dozen states, but its home court is having second thoughts."
Posted at 03:20 PM by Howard Bashman


"Which way will Roberts court go in racial discrimination case?" Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:15 AM by Howard Bashman


"Drilling off Alaska can't proceed without further environmental review; An appeals panel rules that the Interior Department didn't adequately analyze a Bush administration plan to auction off leases in the Arctic seas": The Los Angeles Times contains this article today.

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 10:14 AM by Howard Bashman



"Did waterboarding work? The White House and Senate are studying whether harsh interrogation tactics were effective; The reports may determine whether the methods banned by President Obama will ever be used again by the U.S." This article appears today in The Los Angeles Times.

The Washington Post reports today that "Psychologists Helped Guide Interrogations; Extent of Health Professionals' Role at CIA Prisons Draws Fresh Outrage From Ethicists."

And The New York Times reports that "Divisions Arose on Rough Tactics for Qaeda Figure."
Posted at 10:02 AM by Howard Bashman



"Justice Stevens Renders an Opinion on Who Wrote Shakespeare's Plays; It Wasn't the Bard of Avon, He Says; 'Evidence Is Beyond a Reasonable Doubt'": Jess Bravin has this front page article today in The Wall Street Journal.
Posted at 09:54 AM by Howard Bashman


Friday, April 17, 2009

"Final Arguments of Supreme Court Term Filled With Big Cases": law.com's Tony Mauro has this report.
Posted at 11:14 PM by Howard Bashman


"Released Memos Could Lead to More Disclosures": Saturday's edition of The New York Times will contain an article that begins, "Even as President Obama urges the country to turn the page, his decision to reveal exhaustive details about interrogation methods used by the Central Intelligence Agency will likely lead to a flood of new disclosures about secret Bush administration operations against Al Qaeda, according to current and former government officials."

The Associated Press reports that "CIA objections slowed torture memos release."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Over It: America's quick recovery from its torture program suggests it wasn't a torture program in the first place."
Posted at 09:18 PM by Howard Bashman



"US seeks clear path to Demjanjuk deportation": The Associated Press has this report.

You can access at this link a letter that the federal government filed today in this matter in the U.S. Court of Appeals for the Sixth Circuit.
Posted at 02:54 PM by Howard Bashman



"Court Rules for IRS in Dispute with Mayer Brown": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Mayer Brown is not entitled to certain Internal Revenue Service documents under the Freedom of Information Act because disclosing the information could allow tax cheats to one-up investigators, the U.S. Court of Appeals for the D.C. Circuit ruled today."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:42 PM by Howard Bashman



"Appeals court cancels offshore drilling program": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:40 PM by Howard Bashman


"GOP Displays Intramural Feud on Judges": At the "Legal Beat" blog of CQ Politics, Seth Stern has a post that begins, "Former Sen. Rick Santorum of Pennsylvania told a Republican lawyers group Friday their party should take the filibuster off the table as an option against President Obama's judicial nominations."
Posted at 11:25 AM by Howard Bashman


"White House Release of Interrogation Memos May Turn Up Heat on 9th Circuit Judge": law.com has this report.

The New York Times reports today that "Interrogation Memos Detail Harsh Tactics by the C.I.A."

The Washington Post reports today that "New Interrogation Details Emerge; As It Releases Justice Dept. Memos, Administration Reassures CIA Questioners."

The Los Angeles Times reports that "Memos reveal harsh CIA interrogation methods; Obama releases Justice Department documents that guided the CIA on how to use waterboarding and other tactics with terror suspects; Intelligence officials won't be prosecuted over the interrogations."

The Chicago Tribune reports that "Obama says no prosecutions as Bush-era memos on terror tactics released."

The Wall Street Journal reports that "CIA Memos Released; Immunity for Harsh Tactics." In addition, Michael Hayden and Michael B. Mukasey have an op-ed entitled "The President Ties His Own Hands on Terror; The point of interrogation is intelligence, not confession."

USA Today contains an article headlined "Obama: CIA questioners won't face charges; Released Justice memos shed light on harsh interrogation techniques."

The Washington Times reports that "Obama releases memos detailing interrogations; CIA personnel won't face prosecution."

Margaret Talev and Marisa Taylor of McClatchy Newspapers have an article headlined "Bush-era interrogations: From waterboarding to forced nudity."

Warren Richey of The Christian Science Monitor reports that "Terror memos authorized harsh interrogation techniques; Obama releases four secret memos detailing detainee treatment under Bush; Human rights groups slam his promise not to prosecute intelligence officials."

The Associated Press reports that "Obama won't charge CIA officers for rough tactics."

And Bloomberg News reports that "Obama Says U.S. Terror Memos Expose 'Dark and Painful Chapter.'"

Yesterday, the ACLU issued a news release entitled "Justice Department Releases Bush Administration Torture Memos; Bradbury And Bybee Memos Are Released In Response To Long-Running ACLU Lawsuits." The organization has posted the newly released memos online here, here, here, and here.
Posted at 09:22 AM by Howard Bashman



"No new trial for Davis in cop's death; 11th Circuit Court leaves stay of execution so appeal can be pursued": Bill Rankin has this article today in The Atlanta Journal-Constitution.

And The Savannah Morning News reports today that "Appelate court rejects Troy Anthony Davis."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:03 AM by Howard Bashman



"Justice Thomas and Rights": Bruce Fein has this letter to the editor today in The New York Times.
Posted at 08:50 AM by Howard Bashman


"Role of Bush NSA Plan Under Review; Obama Administration Faces Privacy, Security Challenges in Defending Cyberspace": This article appears today in The Washington Post.

The New York Times reports today that "Control of Cybersecurity Becomes Divisive Issue."

And The Associated Press reports that "Senate panel plans hearing on wiretapping."
Posted at 08:44 AM by Howard Bashman



"Strip searches at school: Discipline gone too far? Court case tests limits of anti-drug programs." Joan Biskupic had this article yesterday in USA Today.

And today, the newspaper contains an editorial entitled "Too often, 'zero tolerance' equals zero common sense; Strip search of 8th-grader reflects outgrowth of inflexible mindset."
Posted at 08:35 AM by Howard Bashman



"Teen sues S.C. on stimulus standoff; Chapin High senior takes on Sanford": The State newspaper of Columbia, South Carolina today contains an article that begins, "A Chapin High School senior has filed a lawsuit asking the S.C. Supreme Court to decide who -- Gov. Mark Sanford or the Legislature -- controls $700 million in disputed federal stimulus money. In an indication it could act swiftly, the court ordered S.C. Attorney General Henry McMaster to respond to the lawsuit by Monday. Casey Edwards, the 18-year-old who filed the lawsuit Thursday, said S.C. students and schools are suffering from budget cuts and would benefit from the money."
Posted at 08:30 AM by Howard Bashman


"Court: Free Press reporter will have to answer pretrial questions." The Detroit Free Press has this report.

The Detroit News reports that "Appeals Court rejects Detroit reporter's bid to halt deposition."

And The Associated Press reports that "Detroit reporter's deposition will go forward."
Posted at 08:27 AM by Howard Bashman



"Board rejects Demjanjuk bid, court wants more info": The Associated Press has a report that begins, "A U.S. appeals court wants to see details of a medical report indicating that John Demjanjuk, who is wanted in Germany to face accusations he served as a Nazi death camp guard, is healthy enough to make that trip from Ohio safely."

The U.S. Court of Appeals for the Sixth Circuit issued this briefing order yesterday.
Posted at 08:23 AM by Howard Bashman



"Judge signs off on San Quentin improvements": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge has ended nearly three decades of supervision over conditions on Death Row at San Quentin State Prison after authorities made court-ordered improvements ranging from giving inmates more legal help and exercise time to getting rid of rodents and bird droppings."
Posted at 08:20 AM by Howard Bashman


"Israeli Supreme Court president talks human rights": This article appears today in The Daily Princetonian.

And The Associated Press reports that "Israel Supreme Court president speaks at Princeton."
Posted at 08:17 AM by Howard Bashman



"Thomas More Society Petitions U.S. Supreme Court to Allow 'Choose Life' Illinois License Plates; Petition says U.S. Seventh Circuit decision violates Illinois Citizens' free speech rights": The Thomas More Society issued this news release yesterday.

You can access my earlier coverage from yesterday, which included a link to the cert. petition, by clicking here.
Posted at 08:11 AM by Howard Bashman



Thursday, April 16, 2009

The Associated Press is reporting: Now available online are articles headlined "Source: Captured Somali pirate to face trial in NY" and "Demjanjuk faces uncertain fate if deported."
Posted at 11:17 PM by Howard Bashman


"McLean Students Sue Anti-Cheating Service; Plaintiffs Say Company's Database of Term Papers, Essays Violates Copyright Laws": An article published in the March 29, 2007 issue of The Washington Post begins, "Two McLean High School students have launched a court challenge against a California company hired by their school to catch cheaters, claiming the anti-plagiarism service violates copyright laws. The lawsuit, filed this week in U.S. District Court in Alexandria, seeks $900,000 in damages from the for-profit service known as Turnitin. The service seeks to root out cheaters by comparing student term papers and essays against a database of more than 22 million student papers as well as online sources and electronic archives of journals. In the process, the student papers are added to the database."

In March 2008, the U.S. District Court for the Eastern District of Virginia issued a ruling that rejected the plaintiffs' lawsuit. At BNA's "E-Commerce and Tech Law Blog," Thomas O'Toole had a post about that ruling titled "Turnitin.com Lawsuit Yields Rulings on Browsewrap Contracts, Fair Use of Copyrighted Expression."

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a decision that affirmed the district court's rejection of the plaintiffs' complaint. The Fourth Circuit's ruling also contained additional bad news for the plaintiffs, because the appellate court reversed the district court's dismissal of the company's counterclaims and remanded those counterclaims for further proceedings in the district court. In coverage of today's ruling, at BNA's "E-Commerce and Tech Law Blog," Thomas O'Toole had a post titled "Fourth Circuit's Turnitin.com Ruling Brings More Trouble for Plaintiffs."
Posted at 10:32 PM by Howard Bashman



"US court: Ex-Israeli cabinet member cannot be sued." The Associated Press has a report that begins, "A federal appeals court says a former Israeli security chief cannot be sued in the United States for 15 deaths in a Gaza City bombing."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:42 PM by Howard Bashman



"Choose to grant this cert. petition," sponsors of rejected Illinois "Choose Life" license plate ask the U.S. Supreme Court: Earlier today, this petition for writ of certiorari was filed in the Supreme Court of the United States in the case captioned Choose Life Illinois, Inc. v. White.

My earlier coverage of the Seventh Circuit's ruling can be accessed here.
Posted at 08:30 PM by Howard Bashman



"Race Bias in Obama Era Reaches Court That Seeks Colorblind U.S." Greg Stohr of Bloomberg News has this report.
Posted at 08:11 PM by Howard Bashman


"Federal court blocks webcast of music piracy suit": Jonathan Saltzman of The Boston Globe has a news update that begins, "A federal appeals court panel today blocked a trial judge in Boston from allowing live Internet coverage of an upcoming hearing in a closely watched lawsuit against a Boston University student accused of downloading music illegally."

The Associated Press reports that "Music downloading hearing can't be streamed online."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Court Bars RIAA Trial Webcast."

And at his "Copyrights & Campaigns" blog," Ben Sheffner has a post titled "First Circuit rejects District Court webcast in Tenenbaum case; court rules Gertner lacked authority to permit cameras in courtroom."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 07:50 PM by Howard Bashman



Programming note: Due to a day-long Continuing Legal Education session, I'll be away from the computer until later today. Additional posts will appear here this evening.
Posted at 07:05 AM by Howard Bashman


"Ga. Supreme Court Mulls Teacher's Consent Defense Over Sex With Student; Former teacher appeals conviction for encounter with 16-year-old": law.com has this report.
Posted at 07:04 AM by Howard Bashman


Wednesday, April 15, 2009

"Texas Voting Rights Act Case Will Be Felt In Some California Counties": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 08:44 PM by Howard Bashman


"Holder: Law not always followed in terror fight." The Associated Press has this report.

You can access the prepared text of the Attorney General's remarks by clicking here.
Posted at 08:20 PM by Howard Bashman



"An Argument For More Female Justices": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on Monday's broadcast of NPR's "Talk of the Nation.
Posted at 10:50 AM by Howard Bashman


"In Minnesota, a Battle Without End for a Senate Seat": This article appears today in The New York Times.

USA Today reports today that "Ruling puts end in sight in Minn. Senate fight; Coleman appeal called 'long shot.'"

The Minneapolis Star Tribune contains articles headlined "Recount's next stop: Minnesota Supreme Court; The state Supreme Court is where Coleman will take his appeal of the election outcome" and "Senate recount ruling has 2 sides in a tizzy; A decision giving Al Franken the Senate seat didn't just trigger a Norm Coleman appeal, it unleashed a flurry of fresh emotion."

And The St. Paul Pioneer Press reports that "Partisans in Minnesota's U.S. Senate race gear up for next stage; Coleman, Franken camps turn up rhetoric ahead of Supreme Court appeal."
Posted at 08:37 AM by Howard Bashman



"An Impressive First Nominee": The New York Times today contains an editorial that begins, "President Obama has done well with his first judicial nomination -- David Hamilton, a well-respected federal district court judge in Indiana -- for the Chicago-based United States Court of Appeals for the Seventh Circuit."

And yesterday, that newspaper contained an editorial entitled "The A.B.A. and Judicial Nominees."
Posted at 08:32 AM by Howard Bashman



"Judge Posner Wrote What? A leading free-market conservative concludes that CEO compensation practices are flawed." Former New York Governor Eliot Spitzer has this essay online at Slate.
Posted at 08:30 AM by Howard Bashman


"The Problem of Supreme Court Justices' Remaining on the Bench Too Long: Although It's a Genuine Concern, Recently-Suggested Reforms Are More Problematic Than the Status Quo." Edward Lazarus has this essay online at FindLaw.
Posted at 08:27 AM by Howard Bashman


"Obama Tilts to CIA on Memos; Top Officials at Odds Over Whether to Withhold Some Details on Interrogation Tactics": This article appears today in The Wall Street Journal.
Posted at 08:25 AM by Howard Bashman


"Attorneys assumed phony lawyer from Duluth was a colleague": The Associated Press has this report.
Posted at 08:15 AM by Howard Bashman


"Al Jazeera: Guantanamo captive called us to protest guards' treatment." Carol Rosenberg of The Miami Herald has this report.
Posted at 08:10 AM by Howard Bashman


"Justice Roberts at NCCU law school event": This article appears today in The News & Observer of Raleigh, North Carolina.
Posted at 08:04 AM by Howard Bashman


"Court grants John Demjanjuk reprieve from deportation; plane was ready to leave for Germany": The Cleveland Plain Dealer contains this article today.

And The Christian Science Monitor has a report headlined "In Demjanjuk's Ukrainian hometown, memories linger of an infamous son; Deportation of the accused death-camp guard was stayed Tuesday."

In this post from yesterday, I linked to stay-related documents filed yesterday in the U.S. Court of Appeals for the Sixth Circuit.
Posted at 07:58 AM by Howard Bashman



"Nacchio enters Pa. prison for six-year term; The former Qwest CEO may get bail if the Supreme Court decides in June to review his insider-trading conviction": This article appears today in The Denver Post.
Posted at 07:54 AM by Howard Bashman


Tuesday, April 14, 2009

"Appeals Court: Marine can't sue Murtha." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 10:17 PM by Howard Bashman


"U.S. challenges Michigan v. Jackson": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:02 PM by Howard Bashman


"Roberts presides over NCCU law competition": Raleigh, North Carolina's News 14 has this report.

The "Campus Notes" blog of The News & Observer of Raleigh has a post titled "Chief Justice Roberts at NCCU: A regular guy."

And earlier, today's edition of The News & Observer has an article headlined "Roberts' N.C. Central visit to be low-key."
Posted at 08:45 PM by Howard Bashman



The Associated Press is reporting: "Top govt. lawyer delays her Supreme Court debut";

"US appeals court weighs 'Choose Life' car plates";

"Coleman attorney: Appeal next week in Senate fight"; and

"Teen piracy suspect raises legal, moral issues."
Posted at 04:35 PM by Howard Bashman



"Nacchio reported to prison in SUV": The Denver Post has a news update that begins, "Former Qwest chief executive Joe Nacchio was driven in a dark SUV with tinted windows to a federal prison today in Pennsylvania for the start of a six-year term."

And The Associated Press reports that "Ex-Qwest CEO Nacchio reports to prison in Pa."
Posted at 04:22 PM by Howard Bashman



"Federal court halts deportation of Demjanjuk": The Associated Press has this report. This afternoon's stay order of the U.S. Court of Appeals for the Sixth Circuit can be accessed here.

Earlier this afternoon, The Cleveland Plain Dealer had a news update headlined "John Demjanjuk out of his home, on way to airport."

The Sixth Circuit has also posted online the following documents filed today in that court in the case captioned Demjanjuk v. Holder, No. 09-3416: Petition for Review; Motion for Stay; Video Clip; IFP Motion with attachments; and federal government's Response in Opposition.
Posted at 04:12 PM by Howard Bashman



"SG Kagan Won't Argue Before High Court Until Next Term": Tony Mauro has this post this morning at "The BLT: The Blog of Legal Times."
Posted at 09:32 AM by Howard Bashman


"Judges rule Franken winner; Coleman to appeal": This article appears today in The Minneapolis Star Tribune, along with an article headlined "One justice gave to Coleman, another to Wellstone; The campaign donations by the two Supreme Court members predated their appointment to the bench."

The St. Paul Pioneer Press reports today that "Judges say Franken won Senate race; Coleman planning to appeal."

And Bloomberg News reports that "Franken Ruled Winner of U.S. Senate Race, Coleman Plans Appeal."

You can access yesterday's ruling at this link.
Posted at 08:25 AM by Howard Bashman



"Where will captured Somali pirate get justice? The high profile of the case suggests a trial in the United States, but the Justice Department might be wary of bringing the young suspect into the American court system." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:10 AM by Howard Bashman


"Sutton stands by controversial prosecution": Today's edition of The San Antonio Express-News contains an article that begins, "Outgoing U.S. Attorney Johnny Sutton said Monday he still believes he made the right call in prosecuting two former Border Patrol agents convicted of covering up having shot an unarmed drug smuggler in the back. Ultimately their sentences were commuted."
Posted at 08:07 AM by Howard Bashman


"3rd Circuit to Mull When States Can Limit License Slogan Choice": Today in The Legal Intelligencer, Shannon P. Duffy has an article that begins, "Combine the hot-button issue of abortion with a truly perplexing First Amendment question -- whether auto license plates are a public forum -- and it's no wonder the federal courts are all over the map on whether states have the right to deny issuing specialty plates that carry the slogan 'Choose Life.'"
Posted at 08:05 AM by Howard Bashman


"Thompson, McConnell selected for federal judgeships": This article appears today in The Providence (R.I.) Journal.

According to the article, "Reed and Whitehouse announced Monday they had chosen state Superior Court Judge Ojetta Rogeriee Thompson to fill a 1st U.S. Circuit Court of Appeals seat." You can access profiles of the selectees here and here.
Posted at 08:00 AM by Howard Bashman



"No transfer sites selected; The Obama administration hasn't picked -- or ruled out -- any lockups on U.S. soil where Guantanamo detainees may be sent": Carol Rosenberg has this article today in The Miami Herald.
Posted at 07:52 AM by Howard Bashman


Monday, April 13, 2009

"Immigration legal system does not protect rights": The Associated Press has this report. According to the article, "U.S. citizens arrested as illegal immigrants or deportable residents cannot count on the legal system as a safety net."
Posted at 08:57 PM by Howard Bashman


"Court declares Franken winner; Coleman to appeal": The Minneapolis Star Tribune has this news update.

And The St. Paul Pioneer Press has a news update headlined "Judges say Franken won Senate race; Coleman likely to fight."

At his "Election Law" blog, Rick Hasen has a post titled "Initial Thoughts on the Decision in the Coleman-Franken Dispute: Coleman's Chances on Appeal Appear Quite Small."

You can access today's ruling at this link.
Posted at 08:55 PM by Howard Bashman



"Rhode Island Senators Suggest Circuit Nominee": Seth Stern has this post today at the "Legal Beat" blog of CQ Politics.
Posted at 07:20 PM by Howard Bashman


Federal government files brief in opposition to petition for writ of certiorari filed by media tycoon Conrad Black and his co-defendants: I have posted online at this link the federal government's brief in opposition filed today.

Back on January 9, 2009, I had this post linking to Black's cert. petition.

You can access the U.S. Supreme Court's docket entries in the case by clicking here.
Posted at 07:12 PM by Howard Bashman



"Appeals court denies Nacchio bail": The Denver Post has this news update.

You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.

And The Associated Press reports that "Ex-Qwest exec asks high court to delay prison term."
Posted at 06:04 PM by Howard Bashman



Calculation of time under federal procedural rules of court to be simplified: Today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contains this month's installment of my "Upon Further Review" column, headlined "The Approaching Dawn of a New 'Day' Under the Federal Appellate Rules."

My column focuses on several important changes to the Federal Rules of Appellate Procedure and to the Federal Rules of Civil Procedure that, as of December 2009, will affect lawyers who handle appeals.
Posted at 05:08 PM by Howard Bashman



"Phils announcer Harry Kalas dies": The Philadelphia Inquirer provides this very sad news update.

And MLB.com reports that "Phils broadcaster Kalas passes away; Long-time announcer collapsed prior to Monday's game."
Posted at 02:11 PM by Howard Bashman



"A Reticent Justice Opens Up to a Group of Students": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times.
Posted at 02:08 PM by Howard Bashman


"Ban on Drooping Drawers Faces Legal Challenge": This article appears today in The New York Times.
Posted at 11:18 AM by Howard Bashman


"Differing views in GOP on voting rights case": Mark Sherman of The Associated Press has a report that begins, "The GOP's struggle over its future and the party's fitful steps to attract minorities are on full display in the differing responses of Republican governors to a major Supreme Court case on voting rights."
Posted at 09:57 AM by Howard Bashman


"When to Retire a Justice": Law professor Paul D. Carrington has this op-ed today in The New York Times.
Posted at 07:55 AM by Howard Bashman


"The Next Guantanamo": The New York Times today contains an editorial that begins, "The Obama administration is basking in praise for its welcome commitment to shut down the American detention center at Guantanamo Bay. But it is acting far less nobly when it comes to prisoners held at a larger, more secretive military detention facility at Bagram Air Base in Afghanistan."
Posted at 07:54 AM by Howard Bashman


"The Supreme, er, Sponsors Court: Hold that case; Lady Justice is busy judging 'The Biggest Loser.'" CBS News legal analyst Andrew Cohen has this op-ed today in The Los Angeles Times.
Posted at 07:52 AM by Howard Bashman


"Supremely bad trend continues": Indian Country Today contains an editorial today that begins, "It's only fitting that the latest bad U.S. Supreme Court decision regarding Indian law would begin with an awkward and offensive phrase, written by Justice Antonin Scalia to describe the plaintiff."
Posted at 07:50 AM by Howard Bashman


"The Supreme Court and law left hanging: By dismissing an Oregon case involving the death of a cigarette smoker, the justices have left open questions about their instructions to lower courts and the limits of punitive damages." The Los Angeles Times contains this editorial today.
Posted at 07:48 AM by Howard Bashman


"State's high court may not be the last word in recount; Norm Coleman could take his case to federal court, possibly leaving the state's second U.S. Senate seat empty for months more": This article appears today in The Minneapolis Star Tribune.
Posted at 07:45 AM by Howard Bashman


Sunday, April 12, 2009

"The Supreme Court's Latest 'Exclusionary Rule' Decision: Why Justice Kennedy, the Swing Vote, Was on the Liberal Side Here, But the Conservative Side in a Prior Decision Regarding the Rule." Vikram David Amar has this essay online at FindLaw.
Posted at 11:03 PM by Howard Bashman


"Chief Justice John G. Roberts, Jr. to Judge Moot Court Competition": North Carolina Central University School of Law has issued this news release.

See also this editorial published today in The News & Observer of Raleigh, North Carolina.
Posted at 10:30 PM by Howard Bashman



"Racing Past the Constitution": Today in The Washington Post, columnist George F. Will has this op-ed asking the U.S. Supreme Court to grant review of a case that I've previously mentioned at this link.
Posted at 08:30 PM by Howard Bashman


"Abu-Jamal supporters meet, to seek White House help": Today's edition of The Philadelphia Inquirer contains an article that begins, "Stung by the U.S. Supreme Court ruling last week denying a new trial for Mumia Abu-Jamal, supporters of the internationally known death-row inmate met yesterday at a church in West Philadelphia and said they planned to seek some type of presidential intervention on his behalf."
Posted at 08:23 PM by Howard Bashman


"Gay Marriage Issue Steering Clear of the Supreme Court": Adam Liptak has this article today in the Week in Review section of The New York Times.
Posted at 09:38 AM by Howard Bashman


Saturday, April 11, 2009

"Judges question diploma privilege argument; State's defense of rule called 'fiction'": Next Monday's issue of the Wisconsin Law Journal will contain an article that begins, "Wisconsin's diploma privilege for graduates of the law schools at Marquette University and the University of Wisconsin may be in danger, at least if the Seventh Circuit reviews the merits of the privilege." (Via "Althouse").

You can access the audio of last Tuesday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (4.48MB mp3 audio file).
Posted at 11:44 PM by Howard Bashman



"Killer who tore out own eyes fuels Texas debate on insanity defense": This article appears today in The Dallas Morning News.
Posted at 11:35 PM by Howard Bashman


"Ginsburg Gives No Hint Of Giving Up the Bench": Robert Barnes will have this front page article Sunday in The Washington Post.

On Friday, April 10, 2009, the Ohio State Law Journal hosted a symposium titled "The Jurisprudence of Justice Ruth Bader Ginsburg: A Discussion of Fifteen Years on the U.S. Supreme Court." You can access the archived webcast of the symposium in two parts: morning session and afternoon session.
Posted at 11:25 PM by Howard Bashman



"The Supreme Court shouldn't be judging judges; A West Virginia case could put state jurists' ethics under federal oversight": David B. Rivkin Jr. had this op-ed Wednesday in The Los Angeles Times.
Posted at 05:23 PM by Howard Bashman


"Prosecutors oppose Nacchio's latest bid for bail": The Associated Press provides this report.

Yesterday, the prosecution filed this opposition to Nacchio's bail request. Thereafter, Nacchio's appellate team filed this reply in further support of the bail request.
Posted at 05:22 PM by Howard Bashman



"Ginsburg Shares Views on Influence of Foreign Law on Her Court, and Vice Versa": Adam Liptak will have this article Sunday in The New York Times.
Posted at 05:18 PM by Howard Bashman


"Federal judges take their own case to court -- for more pay; The Constitution bars Congress from reducing a judge's pay; But Congress has excluded judges from receiving promised inflation adjustments in six of the past 16 years": Warren Richey of The Christian Science Monitor has this report.
Posted at 05:15 PM by Howard Bashman


Richard Posner -- the one who "really understood small companies" -- is dead: The Chicago Tribune published this obituary earlier this week.
Posted at 05:02 PM by Howard Bashman


"Women: Truly The Fairer Sex; Men, the theory goes, prefer law with rigid rules and clear lines; women tend to favor an 'ethic of care' over an 'ethic of rights.'" Dahlia Lithwick will have this essay in the April 20, 2009 issue of Newsweek.
Posted at 04:55 PM by Howard Bashman


"Court OKs out-of-state birth certificate change": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A 67-year-old Los Angeles native, now living in Kansas, won a state appeals court ruling in San Francisco on Friday that makes it easier for California-born transgender people to change their birth certificate, a document that can be critical in a security-conscious age."

My earlier coverage of yesterday's ruling appears at this link.
Posted at 04:52 PM by Howard Bashman



"Court Revives Suit Over Iraq Work; Door Could Be Opened for Other Fraud Cases": Today's edition of The Washington Post contains an article that begins, "A federal appeals court yesterday ruled that a case involving fraud claims against an American contractor in Iraq could not be blocked merely because the contract was administered by the U.S.-led Coalition Provisional Authority, a multinational governing body set up in the chaotic aftermath of the 2003 invasion."

The New York Times reports today that "Contractor Must Pay in Iraq Fraud, Court Rules."

And The Associated Press reports that "Court revives Iraq currency retread fraud claim."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 03:25 PM by Howard Bashman



"Obama Follows Bush Policy on Detainee Access to Courts": The Washington Post contains this article today.
Posted at 03:10 PM by Howard Bashman


"Ginsburg wants court to add second woman": This article appears today in The Columbus Dispatch.

And The Associated Press reports that "Justice Ginsburg laments being court's only woman."
Posted at 03:04 PM by Howard Bashman



"Strip-Search Case Could Redefine Student Privacy": Robert Barnes has this front page article today in The Washington Post.
Posted at 02:57 PM by Howard Bashman


Friday, April 10, 2009

"Hatch asks if he can serve end of sentence in Argentina": Today's edition of The Providence (R.I.) Journal contains an article that begins, "If Survivor star Richard Hatch can't be a free man, he wants to be free to serve his time on supervised release in Buenos Aires, Argentina, and travel wherever he pleases to make guest appearances on the popular CBS reality show."
Posted at 11:14 PM by Howard Bashman


"Faith Groups Increasingly Lose Gay Rights Fights": This article appears today in The Washington Post.
Posted at 10:58 PM by Howard Bashman


California Court of Appeal strikes down requirement that "impermissibly denies California-born transgender individuals who reside outside of California the same right to issuance of a new California birth certificate as California-born transgender individuals residing in California": You can access today's ruling of the California Court of Appeal for the First Appellate District, Division One, at this link.
Posted at 04:18 PM by Howard Bashman


"Want to be on the 2nd Circuit? Maybe Don't Ask." At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "One of President Barack Obama's appellate court nominees says he never asked to be chosen."
Posted at 02:12 PM by Howard Bashman


"Justices to Hear White Firefighters' Bias Claims": Adam Liptak has this article today in The New York Times.
Posted at 01:15 PM by Howard Bashman


Thursday, April 9, 2009

"Abrahamson solidly beats Koschnick; Chief justice, at 75, earns another 10 years": This article appeared yesterday in The Milwaukee Journal Sentinel.
Posted at 11:14 PM by Howard Bashman


"C.I.A. to Close Secret Prisons, Scenes of Harsh Interrogations": Friday's edition of The New York Times will contain this article.

Friday's edition of The Washington Post will contain an article headlined "CIA Has Quit Operating Secret Jails, Chief Says."

The Los Angeles Times has a news update headlined "CIA bans contract interrogation workers; The use of contract employees at detention facilities had been criticized by human rights groups; Director Leon Panetta also outlines policies to protect detainees in other countries' custody."

And McClatchy Newspapers report that "CIA to close secret overseas prisons, end security contracts."
Posted at 10:44 PM by Howard Bashman



"Trouble in O.C.'s mooning mecca? It cost up to $20,000 last year to police people who came to bare their bottoms at passing trains in Laguna Niguel; The city expects to spend thousands more this summer." This article appears today in The Orange County Register.
Posted at 02:38 PM by Howard Bashman


Palmyra Atoll -- perhaps the world's most isolated piece of land -- on appeal before the U.S. Court of Appeals for the Federal Circuit: You can access today's ruling at this link.

Additional information about Palmyra Atoll can be accessed here and here.
Posted at 02:32 PM by Howard Bashman



"Judges block state from cutting Medi-Cal rates": Bob Egelko has this article today in The San Francisco Chronicle.

You can access Monday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:35 AM by Howard Bashman



"Court extends fraud law to online sales of vehicles": This article appears today in The Newark (N.J.) Star-Ledger.

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 09:34 AM by Howard Bashman



"Court upholds Police Department's uniform guidelines": The Philadelphia Inquirer today contains an article that begins, "A federal appeals court has upheld the Philadelphia Police Department's policy that forbids officers to wear Muslim head scarves on the job."

And today's edition of The Philadelphia Daily News contains an article that begins, "Court: Muslim cop can't wear head scarf."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 09:30 AM by Howard Bashman



"Libel over there -- and over here: Some public figures are using England's plaintiff-friendly laws to go after books they don't like; New York and Illinois have come to the defense of U.S. writers; Congress and California should too." This editorial appears today in The Los Angeles Times.
Posted at 09:28 AM by Howard Bashman


"Joe Nacchio appeal: Bail request heads to higher court; An appellate court is asked to stay an order to report to prison next week pending a ruling by the Supreme Court." The Denver Post contains this article today.

My earlier coverage of yesterday's Tenth Circuit filing appears at this link.
Posted at 09:27 AM by Howard Bashman



"Obama should define rights of suspected terrorists held by U.S. abroad; To avoid the mistakes of the Bush administration, the president must institute new detention procedures or risk having the courts tie his hands": This editorial appears today in The Los Angeles Times.
Posted at 09:20 AM by Howard Bashman


"Bill targets loophole in prostitution law": Today's edition of The Providence (R.I.) Journal contained an article that begins, "It is a dubious distinction and one Rhode Island can't seem to shake. Despite years of effort and dozens of bills, this state is the only place in the nation -- apart from certain counties in Nevada -- where prostitution is legal, as long as it's indoors."
Posted at 09:18 AM by Howard Bashman


"Does John Yoo belong in front of a class?" That's the subject of competing op-eds published today in The Los Angeles Times.

John C. Eastman's op-ed is entitled "Yes: His views spark important debate; People can disagree about his controversial positions, but that's no reason to keep the former Bush aide from teaching law."

And Lawrence Rosenthal's op-ed is entitled "No: His work for the Bush administration suggests he's incompetent; The controversial 'torture' memo and others reflect tunnel vision that would not be acceptable in a student, never mind a teacher of law."
Posted at 09:10 AM by Howard Bashman



"Fed judges are fed up": At Politico.com, Josh Gerstein has an article that begins, "The Bush Justice Department always had its share of critics, particularly on the left. But now a powerful new group of critics is making its voice heard -- federal judges, who have taken a series of extraordinary steps to correct what they see as prosecutorial misconduct in a variety of cases."

And The Washington Post today contains a front page article headlined "Holder Begins Justice Revamp; Personnel Moves Opt for Experience Over Political Ties."
Posted at 09:07 AM by Howard Bashman



"Texas firm with no-bid deal gave to Rendell": The Philadelphia Inquirer today contains a front page article that begins, "Around the time that his law firm was negotiating a potentially lucrative contract with the Rendell administration, a prominent Texas lawyer contributed heavily to the governor's 2006 reelection bid. F. Kenneth Bailey's firm, Bailey, Perrin, Bailey of Houston, eventually landed a no-bid contract to represent the administration in a continuing case against a pharmaceutical company. That contract is now at the center of a legal fight involving allegations of pay-to-play politics."
Posted at 09:02 AM by Howard Bashman


"Tofu license plate too foul for Colo. DMV; A tofu lesson to learn: Mind your P's, Q's, F's and U's": Yesterday's edition of The Denver Post contained an article that begins, "Kelley Coffman-Lee's plan to advertise her love of tofu on a license plate ran afoul of censors at the Division of Motor Vehicles. The 38-year-old mother of three asked the DMV to approve a special plate emblazoned with 'ILVTOFU' for her Suzuki SL-7. It was not 2 B."

The Associated Press reports that "Woman's tofu license plate curdles in Colo."

And Denver's Westword has reports headlined "Should a tofu lover's license plate be rated NC-17?" and "After vegan requests LVTOFU license plate, the DMV reveals its dirty mind."
Posted at 08:54 AM by Howard Bashman



"He's not buying bygones for Bush; Senator from R.I. pursuing failings with a vengeance": This article appears today in The Boston Globe.
Posted at 08:24 AM by Howard Bashman


Wednesday, April 8, 2009

"Nacchio asks appeals court for bail": The Denver Post has a news update that begins, "Former Qwest chief executive Joe Nacchio has renewed his request for bail, filing an application today with the 10th Circuit Court of Appeals to remain free while the Supreme Court decides whether to review his illegal insider trading conviction. The filing slams a federal judge's ruling Tuesday that Nacchio's Supreme Court petition doesn't raise a substantial question and he failed to show that the petition is not for the purpose of delaying his prison term."

Reuters reports that "Nacchio files emergency petition to remain free."

The Associated Press reports that "Ex-Qwest CEO tries again to delay surrender."

And the Denver Business Journal reports that "Nacchio files yet another bid to stay out of prison."

The U.S. Court of Appeals for the Tenth Circuit has posted at this link the emergency petition for release that Nacchio's counsel filed today in that court.
Posted at 11:58 PM by Howard Bashman



"Appeals court rules Noriega can be taken to France": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:37 PM by Howard Bashman


"The State Lawsuit Racket: A case study in the politician-trial lawyer partnership." This editorial appears today in The Wall Street Journal.
Posted at 10:54 PM by Howard Bashman


"Leahy Rebuffs GOP On Do-Over Confirmation Hearing": At the "Legal Beat" blog of CQ Politics, Keith Perine has a post that begins, "Senate Judiciary Committee Chairman Patrick J. Leahy has rejected the idea of having another confirmation hearing on 7th Circuit Court nominee David F. Hamilton. Leahy made his position clear in an exchange of letters with ranking Republican Arlen Specter that has laid bare the mounting tension between the two lawmakers over the confirmation process."
Posted at 03:55 PM by Howard Bashman


"Lawyer argues for live coverage in music downloading case": Jonathan Saltzman of The Boston Globe has a news update that begins, "A Harvard Law School professor who is defending a Boston University graduate student accused of downloading music illegally urged a federal appeals court today to allow live Internet coverage of a hearing in the lawsuit, something that has never happened in a federal trial court in Massachusetts."

Update: You can download the audio of today's First Circuit oral argument via this link (21.5MB mp3 audio file).
Posted at 03:48 PM by Howard Bashman



"The Half-Life of Torture": In today's edition of The Recorder of San Francisco, California, Dan Levine has an article that begins, "Six weeks before Gen. Augusto Pinochet overthrew the Chilean government in 1973, Jay Bybee, a 19-year-old Mormon missionary, disembarked in windswept Punta Arenas, nearly 2,000 miles south of Santiago."

See also the ABA Journal's "Law News Now" post titled "Does Bybee's 'Easy Personality' Explain Why He Signed 'Torture Memos'?"
Posted at 10:23 AM by Howard Bashman



"Judge OKs collecting of dead son's sperm; Mother of man who died after Sixth Street attack wants to try to have grandchildren": This article appears today in The Austin American-Statesman.

And The Associated Press reports that "Texas judge allows collection of dead son's sperm."
Posted at 10:15 AM by Howard Bashman



"Coleman-Franken Senate Race May Hinge on Bush v. Gore Decision": Greg Stohr of Bloomberg News has this report.
Posted at 09:35 AM by Howard Bashman


"To noted lawyer, it's an open and shout case; Offbeat tactics in music-sharing suit stun peers": Jonathan Saltzman has this article today in The Boston Globe.

Boston's ABC affiliate WCVB has a report headlined "B.U. Student: Court Recording Case Could Make History; Tenenbaum Accused In Music Downloading Lawsuit."

And at "The Am Law Litigation Daily," Andrew Longstreth has a post titled "First Circuit to Hear Arguments over Webcasting of Illegal Downloading Case."
Posted at 08:10 AM by Howard Bashman



Available online from law.com: Shannon P. Duffy reports that "3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf." You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

And in other news, "Calif. High Court Rejects Claim Over Misplaced Cadaver." My earlier coverage of the ruling appears at this link.
Posted at 08:04 AM by Howard Bashman



"Pa. high court grants hearing to review defamation trial": The Philadelphia Inquirer today contains an article that begins, "Exercising rarely used authority, the Supreme Court of Pennsylvania yesterday granted a Wilkes-Barre newspaper a hearing to determine whether a new trial should be held in a case in which the paper lost a $3.5 million defamation verdict handed down by a now-disgraced former judge."

Today's edition of The The Citizens Voice of Wilkes-Barre, Pennsylvania contains articles headlined "Hearing granted in alleged case-fixing" and "Key witness in defamation case used to trouble."

And The Times Leader of Wilkes-Barre reports that "High court orders hearing on $3.5M verdict; Evidence of tainting spurred by corruption charges prompts review of ruling against Scranton Times L.P."

You can access here and here yesterday's orders of the Supreme Court of Pennsylvania.
Posted at 07:45 AM by Howard Bashman



Tuesday, April 7, 2009

"The ABA's Liberal Bias: Who should judge the judges?" Law professor Richard A. Epstein has this essay at Forbes.com.
Posted at 04:10 PM by Howard Bashman


"Another legal setback for detainees": Lyle Denniston has this post at "SCOTUSblog."

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 04:02 PM by Howard Bashman



In today's mail: The book "What Every Law Student Really Needs to Know: An Introduction to the Study of Law" by Tracey E. George and Suzanna Sherry.
Posted at 02:30 PM by Howard Bashman


"Shorting Reason: Can Human Psychology Explain The Current Economic Crisis?" In the April 15, 2009 issue of The New Republic, Seventh Circuit Judge Richard A. Posner will have this lengthy review of the book "Animal Spirits: How Human Psychology Drives the Economy, and Why It Matters for Global Capitalism" by George A. Akerlof and Robert J. Shiller.
Posted at 02:23 PM by Howard Bashman


"Fiction and Faction: Iowa judges have imposed gay marriage on a state that voted against it." Andrew C. McCarthy has this essay today at National Review Online.
Posted at 02:18 PM by Howard Bashman


Ninth Circuit grants stay pending appeal to prevent the State of California from reducing Medi-Cal fee-for-service rates to hospitals: You can access yesterday's eleven-page order granting the stay at this link.
Posted at 02:15 PM by Howard Bashman


The Associated Press is reporting: Mark Sherman reports that "Consensus in vogue at high court, so far."

And in other news, "Sandra Day O'Connor touts civics lessons via games." You can access the web site discussed in the article by clicking here.
Posted at 02:05 PM by Howard Bashman



Recent posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "In Twelfth Night Mock Trial, Malvolio Loses." In his post, Tony -- who's now a Jeopardy answer -- writes that "Three Supreme Court justices and five other federal judges, comprising the 'Supreme Court of Illyria,' wrestled with the hypothetical case of Malvolio's Revenge, stemming from Shakespeare's Twelfth Night."

And David Ingram has a post titled "Bar Association Finds Obama Nominees 'Well-Qualified.'"
Posted at 02:03 PM by Howard Bashman



"Barney Frank is all wrong on Scalia's dissent": Law professor Ann Althouse has this op-ed today in The Chicago Tribune.
Posted at 01:57 PM by Howard Bashman


"Vermont legalizes gay marriage with veto override": The Associated Press has this report.

Earlier, the Vermont Press Bureau had a report that begins, "Gov. James Douglas vetoed the same-sex marriage bill Monday evening, just 15 minutes after lawmakers put the final touches on the legislation. The Vermont Senate is expected to easily override the Republican governor's veto this morning. Then attention will be focused on a much-anticipated veto showdown in the House, where the bill's fate is less clear: two-thirds support is needed to override a veto."
Posted at 12:17 PM by Howard Bashman



D.C. Circuit refuses to adjudicate the sovereign status of Taiwan: Circuit Judge Janice Rogers Brown delivered today's ruling on behalf of a unanimous three-judge panel.
Posted at 11:28 AM by Howard Bashman


Majority on divided three-judge D.C. Circuit panel overturns federal district court order requiring the federal government to provide 30 days' notice to counsel for nine Uighur detainees before transferring them from Guantanamo: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:20 AM by Howard Bashman


In commentary available online at FindLaw: Michael C. Dorf has an essay entitled "Why the Supreme Court Decision Upholding Cost-Benefit Analysis Under the Clean Water Act Should Not be Used to Discredit Best-Practice Standards."

And Carl Tobias has an essay entitled "The New Postpartisan Selection of Federal Judges: President Obama Displays His Commitment to Ending the Confirmation Wars."
Posted at 09:28 AM by Howard Bashman



"High court rejects Abu-Jamal's bid for new trial": This article appears today in The Philadelphia Inquirer.
Posted at 09:24 AM by Howard Bashman


Monday, April 6, 2009

Available online from law.com: Shannon P. Duffy has articles headlined "U.S. Supreme Court Reverses 3rd Circuit Over Federal Agents' Delay Tactics" and "U.S. Supreme Court Denies Abu-Jamal New Trial."

And in other news, "High Court to Hear Attorney Fees Case; Issue comes from Georgia, which says $10.5 million is too much for foster care lawyers."
Posted at 11:07 PM by Howard Bashman



"Widow loses lawsuit over UC Irvine's willed body program; Evelyn Conroy sued after the university lost track of James Conroy's body; The California Supreme Court says she failed to prove that the university violated its donation agreement with her husband": Maura Dolan of The Los Angeles Times has this news update about a ruling that the Supreme Court of California issued today.
Posted at 10:50 PM by Howard Bashman


"Administration defends Bush wire-taps": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The Obama administration is again invoking government secrecy in defending the Bush administration's wiretapping program, this time against a lawsuit by AT&T customers who claim federal agents illegally intercepted their phone calls and gained access to their records."
Posted at 10:45 PM by Howard Bashman


"Judge: U.S. used mentally ill witness in Guantanamo cases." Marisa Taylor of McClatchy Newspapers has this report.
Posted at 10:34 PM by Howard Bashman


"The U.S. Supreme Court agreed Monday to decide a long-running dispute over $10.5 million awarded to plaintiffs' attorneys in a Georgia case alleging foster care violations." So begins a news update that Bill Rankin has online at the web site of The Atlanta Journal-Constitution.

And at "SCOTUSblog," Lyle Denniston has a post titled "A test of a $10 million attorneys' fee."
Posted at 07:45 PM by Howard Bashman



"Court: Mich. hospital can be sued in wife's death." The Associated Press has a report that begins, "A Michigan hospital can be sued for releasing a man who killed his estranged wife with an ax 10 days later, a federal appeals court ruled Monday."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 06:07 PM by Howard Bashman



"Some voluntary confessions still out": At "SCOTUSblog," Lyle Denniston has a post that begins, "Rehabilitating one of the more controversial criminal law rulings of the 'Warren Court,' a decision that decades ago stirred angry complaints from 'tough-on-crime' politicians, a divided Supreme Court ruled on Monday that some confessions to a federal crime cannot be used even if they were given voluntarily."
Posted at 11:30 AM by Howard Bashman


Second Circuit affirms James C. Kopp's federal convictions and life sentence for intentionally inflicting on a person, because that person was a provider of reproductive health services, an injury resulting in death: You can access today's per curiam ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Coverage from The New York Times of the underlying trial can be accessed via this link.

Update: The Associated Press reports that "NY court upholds sentence of abortion doc's killer."
Posted at 10:40 AM by Howard Bashman



Access online today's U.S. Supreme Court rulings in argued cases: The Court today has issued two rulings in argued cases.

1. Today's first ruling issued in Corley v. United States, No. 07-10441. Justice David H. Souter delivered the opinion of the Court, which has decided this case by a 5-4 margin. Justices John Paul Stevens, Anthony M. Kennedy, Ruth Bader Ginsburg, and Stephen G. Breyer joined in the majority opinion. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which the Chief Justice and Justices Antonin Scalia and Clarence Thomas joined. You can access the ruling at this link and the oral argument transcript at this link.

2. Today's second and final ruling issued in United States v. Navajo Nation, No. 07-1410. Justice Antonin Scalia delivered the opinion for a unanimous Court. In addition, Justice Souter issued a concurring opinion in which Justice Stevens joined. You can access the ruling at this link and the oral argument transcript at this link.

In early news coverage, The Associated Press reports that "Court rules for suspect in dispute over confession" and "Court rules against Navajo Nation in coal case."
Posted at 10:15 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted it online at this link.

The Court today granted review in one case. This blog's earlier coverage of the case in which the Court granted review today can be accessed here and here.

In early news coverage, The Associated Press reports that "Court to decide if good lawyers can get more money" and "High court lets Abu-Jamal's conviction stand."
Posted at 10:09 AM by Howard Bashman



"Protecting Sources: A federal shield law is within reach." This editorial appears today in The Washington Post.
Posted at 08:27 AM by Howard Bashman


"Land trust case may not impact many other tribes": Today's edition of The Providence (R.I.) Journal contains an article that begins, "One thing is certain about Carcieri v. Salazar, the U.S. Supreme Court ruling issued Feb. 24 after years of argument in the federal courts pitting the Narragansett Indian tribe against the State of Rhode Island and the Town of Charlestown."
Posted at 08:05 AM by Howard Bashman


"Holder has a long to-do list at Justice; Analysts: Attorney general's recent actions show he's trying to restore credibility to the department." This article appears today in USA Today.
Posted at 08:00 AM by Howard Bashman


"First Circuit reveals panel for Tenenbaum webcast hearing; ghost of 'Boston's Children First' looms": Ben Sheffner has this post at his "Copyrights & Campaigns" blog.
Posted at 07:55 AM by Howard Bashman


"Firefighters' civil rights case could reshape hiring policies; The Supreme Court will soon hear arguments in the case, in which 20 white firefighters allege racial discrimination; It will be the Roberts court's first broad case tackling race in the workplace": David G. Savage has this article today in The Los Angeles Times.
Posted at 12:30 AM by Howard Bashman


Sunday, April 5, 2009

Atlanta Braves 4, Philadelphia Phillies 1: After having attended the final Major League Baseball game in 2008 -- in which the Phillies won the World Series -- my son and I this evening attended the first Major League Baseball game in 2009, before which the Phillies raised the team's 2008 World Series championship banner.

Tonight, however, did not end with a Phillies victory. If it's any consolation, the Phillies also lost their season openers in 2007 and 2008, yet in both of those years the team won the National League East division.

Braves starter Derek Lowe pitched eight strong scoreless innings, and Braves rookie centerfielder Jordan Schafer, playing in his first Major League Baseball game, hit a home run in his first at bat and would have been perfect on the night but for a strike out to Phillies closer Brad Lidge, who pitched a scoreless top of the ninth inning for the Phillies in a non-save situation.

You can access the box score at this link, while wraps from MLB.com are available here and here.

My son and I are scheduled to be back at Citizens Bank Park on Tuesday night to see game two of the Phillies season.
Posted at 11:58 PM by Howard Bashman



"Marriage ruling may boost Iowa economy": This article appears today in The Des Moines Register.

The New York Times reports today that "A Push Is On for Same-Sex Marriage Rights Across New England."

And yesterday in The San Francisco Chronicle, Bob Egelko had an article headlined "California ruling helped Iowa OK gay marriage."
Posted at 03:10 PM by Howard Bashman



Saturday, April 4, 2009

"Court allows Ford to investigate jury; Carmaker can put off $3 million award to paralyzed woman": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "Ford Motor Co., fearing that it was duped into settling a lawsuit for $3 million, can withhold payment while it investigates suspicions of jury misconduct in a South Texas case, the state Supreme Court ruled Friday. Ford says a jury note to the judge -- that asked, 'What is the maximum amount that can be awarded?' -- fraudulently induced the car company to settle with Rosa Martinez, a Brownsville woman who was paralyzed from the neck down after a 2002 rollover wreck in a Ford SUV."

Yesterday's ruling of the Supreme Court of Texas consists of a majority opinion and a concurring opinion.
Posted at 09:07 PM by Howard Bashman



"2nd Circuit: Google Must Face Trademark Suit Involving Keyword Ads." law.com has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 08:19 PM by Howard Bashman


Friday, April 3, 2009

"Pfizer Reaches Settlement In Nigerian Drug-Trial Case": Saturday's edition of The Washington Post will contain this article.

Bloomberg News reports that "Pfizer, Nigeria Agree on Settlement Over Drug Cases."

Reuters has a report headlined "Nigeria state, Pfizer to settle out of court - lawyers."

And The Associated Press has a report headlined "Lawyers: Nigeria, Pfizer reach settlement outline."
Posted at 11:33 PM by Howard Bashman



"Iowa Court Voids Gay Marriage Ban": This article will appear Saturday in The New York Times.

Saturday's edition of The Washington Post will report that "Iowa Legalizes Same-Sex Marriage; Ban Violated Constitutional Rights, State Supreme Court Rules."

Bob Egelko of The San Francisco Chronicle has a news update headlined "Iowa high court backs same-sex marriage."

And The Des Moines Register has news updates headlined "Hundreds rally to celebrate Supreme Court decision"; "People at Des Moines' gay bars say cheers"; and "Gay marriage opponents push for action from lawmakers."
Posted at 11:28 PM by Howard Bashman



"Baltimore Officer's First Amendment Lawsuit Reinstated": Saturday in The Washington Post, Jerry Markon will have an article that begins, "A federal appeals court has reinstated a lawsuit filed by a police officer who said he was fired because he gave information to a reporter, handing the media a rare victory in the legal battle over confidential sources."

My earlier coverage of yesterday's Fourth Circuit ruling appears at this link.
Posted at 11:18 PM by Howard Bashman



"Chief justice blocks release of sex offenders": Mark Sherman of The Associated Press has this report.

Bill Mears of CNN.com reports that "Court blocks release of sex offenders due out of jail."

And at "SCOTUSblog," Lyle Denniston has a post titled "Release of sex offenders delayed." You can access today's stay order at this link.
Posted at 11:04 PM by Howard Bashman



"'Holy Hell' Over Torture Memos: Attorney General Eric Holder wants to release classified Bush-era interrogation memos; But U.S. intel officials are fiercely lobbying the White House to block him from moving forward." Michael Isikoff has this online exclusive at Newsweek's web site.
Posted at 04:47 PM by Howard Bashman


"What does Miranda require?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:45 PM by Howard Bashman


"Court asked to block release of sex offenders": The Associated Press has a report that begins, "The Obama administration is seeking to block the release of sex offenders who have completed their federal prison terms, despite federal court rulings invalidating a law allowing the indefinite commitment of 'sexually dangerous' prison inmates."
Posted at 04:44 PM by Howard Bashman


In other recent posts of note at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "Mario Cuomo's Day at the Supreme Court."

And David Ingram has a post titled "President of People for the American Way Moves On."
Posted at 04:40 PM by Howard Bashman



"MoFo's Brinkmann to Head DOJ's Civil Appellate": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 02:20 PM by Howard Bashman


"D.C. Vote Memo Called Informal; Holder's Query Is Subject of Debate": The Washington Post today contains an article that begins, "After receiving a legal memo that declared the pending D.C. voting rights bill unconstitutional, Attorney General Eric H. Holder Jr. reached out to another lawyer on whose judgment he had relied for years. Holder contacted Deputy Solicitor General Neal K. Katyal, who served as one of his advisers in the Justice Department during the Clinton era. Katyal gave Holder, who said he had already decided that the bill passed muster, an informal view that the measure could be defended in court if Congress passed it and the president signed it."
Posted at 10:05 AM by Howard Bashman


BREAKING NEWS -- "Iowa Supreme Court upholds Hanson's ruling; marriage no longer limited to one man, one woman": The Des Moines Register has this news update.

And The Associated Press reports that "Iowa court says gay marriage ban unconstitutional."

Today's ruling of the Supreme Court of Iowa can be accessed here. Because that court's web site has been overwhelmed with visits this morning, I have posted a back-up copy of the ruling at this link.

The court's unanimous ruling begins, "In this case, we must decide if our state statute limiting civil marriage to a union between a man and a woman violates the Iowa Constitution, as the district court ruled. On our review, we hold the Iowa marriage statute violates the equal protection clause of the Iowa Constitution. Therefore, we affirm the decision of the district court."
Posted at 09:45 AM by Howard Bashman



"Activists gathered at judicial buidling in anticipation of gay-marriage ruling": The Des Moines Register has this news update.
Posted at 09:28 AM by Howard Bashman


"State's execution team resigns, fearing identities would be revealed": The Seattle Times contains this article today.

And The Associated Press reports that "Washington state's execution team resigns."
Posted at 09:18 AM by Howard Bashman



"Baltimore judge nominated for U.S. appeals court; Andre M. Davis gets second shot at the seat": This article appears today in The Baltimore Sun.
Posted at 09:14 AM by Howard Bashman


Fourth Circuit Judge Judge J. Harvie Wilkinson III on the disappearing art of investigative journalism: Check out this concurring opinion issued yesterday. Of course, Judge Wilkinson is a former newspaperman himself.
Posted at 09:12 AM by Howard Bashman


"Court tackles intimidation of witnesses; N.J. justices urge Legislature to protect threatened people": Today's edition of The Newark (N.J.) Star-Ledger contains an article that begins, "New Jersey's highest court waded into the growing problem of witness intimidation yesterday, recommending the Legislature create a law denying defense lawyers the right to cross-examine people who had been threatened. The state Supreme Court recommended lawmakers enact a measure saying the statement of an intimidated witness -- taken earlier by police or prosecutors -- could be used at trial, even if the person had become too frightened to take the stand."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 09:05 AM by Howard Bashman



"SJC puts limit on pat-down searches; Sets rules for the frisking of drug suspects": This article appears today in The Boston Globe.

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 08:45 AM by Howard Bashman



"LR schools declared desegregated": Today's edition of The Arkansas Democrat-Gazette contains an article that begins, "The Little Rock School District - supervised by federal courts longer than any other desegregating school district in the nation - is 'completely unitary,' a federal appeals court panel affirmed Thursday."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 08:37 AM by Howard Bashman



"Judge Rules Some Prisoners at Bagram Have Right of Habeas Corpus": Charlie Savage has this article today in The New York Times.

Today's edition of The Washington Post contains a front page article headlined "3 Detained in Afghanistan Can Take Challenges to U.S. Court; Habeas Ruling Is a Blow to Administration."

David G. Savage of The Los Angeles Times reports that "Some prisoners at Bagram air base can challenge detentions, judge rules; He says the detainees who were shipped from outside Afghanistan to Bagram air base were in legal terms 'virtually identical' to those sent to Guantanamo."

And Warren Richey of The Christian Science Monitor reports that "Terror suspects held in Afghanistan may challenge their detention; A federal judge applies the same principles as the Supreme Court ordered at Guantanamo, which presents a challenge to the Obama administration."

You can access yesterday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 08:35 AM by Howard Bashman



"Daniel J. O'Hern, Longtime New Jersey Supreme Court Justice, Dies at 78": This obituary appears today in The New York Times.

And today's edition of The Newark (N.J.) Star-Ledger contains an article headlined "Daniel O'Hern, 78, a justice with patience."
Posted at 08:30 AM by Howard Bashman



"National Geographic film goes 'Inside Guantanamo'": Randall Mikkelsen of Reuters has this report.
Posted at 08:25 AM by Howard Bashman


"Renovations cost $43,000 to refurbish new office for former Chief Justice Frank Williams": This article appears today in The Providence (R.I.) Journal.
Posted at 08:17 AM by Howard Bashman


"Iowa's gay marriage ruling today": The Des Moines Register today contains an article that begins, "Social conservatives and gay rights supporters are braced for a landmark Iowa Supreme Court decision that could strengthen the state's decade-old marriage law or allow same-sex couples to wed."

When the Supreme Court of Iowa posts the ruling online this morning, you should be able to access the decision via this link.
Posted at 07:58 AM by Howard Bashman



Thursday, April 2, 2009

"Fed. judge says courts can handle Gitmo cases": The Associated Press has a report that begins, "A federal judge who presided over the trial of a 9/11 conspirator said Thursday that civilian courts are capable of handling the cases of Guantanamo Bay detainees."
Posted at 05:45 PM by Howard Bashman


"Underneath Their Robes is back online": So emails one of my readers, citing this blog post published today.
Posted at 05:41 PM by Howard Bashman


"Justice Thomas on Rights, Law School, and Tough Cases": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:20 PM by Howard Bashman


Pardon me, Governor: Should federal courts be able to set timetables for action on clemency petitions by state governors? "No" is the answer that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit supplied today.

That court's opinion, written by Circuit Judge Richard A. Posner, concludes: "Federal courts have run prisons, school systems, police and fire departments, and other state and local agencies found to have engaged in unconstitutional conduct. But for a federal court to run a governor's pardon system would be a step too far."
Posted at 01:55 PM by Howard Bashman



"Iowa Supreme Court ruling on gay marriage set for release Friday": The Des Moines Register has a news update that begins, "A long awaited and significant Iowa Supreme Court case ruling on same-sex marriage will be released tomorrow, likely at 8:30 a.m. The case, Varnum vs. Brien, involves six same-sex Iowa couples who sued Polk County Recorder Timothy Brien in 2005, after his office denied them marriage licenses. Polk County District Judge Robert Hanson sided with the couples in a ruling last year, but he suspended his decision until the high court speaks."

And The Associated Press reports that "Iowa Supreme Court to release gay marriage ruling."

When the Supreme Court of Iowa posts the ruling online tomorrow, you should be able to access the decision via this link.
Posted at 01:50 PM by Howard Bashman



"Little Rock school desegregation order upheld": The Associated Press has a report that begins, "A federal appeals court on Thursday upheld a judge's ruling that the Little Rock School District has met terms of a long-standing desegregation order."

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

My earlier coverage of the federal district court ruling that the Eighth Circuit affirmed today can be accessed at this link.
Posted at 01:45 PM by Howard Bashman



"Judge: Afghanistan Prisoners Can Challenge Detention in U.S. Courts." The Washington Post has this news update.

And The Associated Press has a report headlined "Judge: Bagram prisoners can challenge detention."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 01:07 PM by Howard Bashman



"Obama taps 2 more for federal appeals courts": The Associated Press has this report.
Posted at 01:03 PM by Howard Bashman


"Toll Discounts for In-State Residents Draw Constitutional Challenge": John Schwartz has this article today in The New York Times.

My most recent earlier coverage of this matter appeared Tuesday in a post titled "For whom the bridge tolls."
Posted at 11:23 AM by Howard Bashman



"State high court asked to rule on tobacco suit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court asked California's highest court Wednesday to decide whether a Bay Area woman with terminal lung cancer waited too long to sue tobacco companies because she had been diagnosed with lesser illnesses many years earlier."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:17 AM by Howard Bashman



"The Strategic Content Model of Supreme Court Opinion Writing": Yonatan Lupu and James H. Fowler have posted online at SSRN a paper whose abstract begins, "The Supreme Court's reasoning in a decision, including the precedent it cites in support of that reasoning, can be as significant as the outcome in determining the long-term impact of a case. As a result, the content of opinions can be used to provide important new insights into existing debates regarding judicial politics. In this article we present a strategic content model of the judicial process, which demonstrates how opinion content results from the strategic interaction between justices during the Court's bargaining process."
Posted at 10:20 AM by Howard Bashman


"Who pays the legal fees for judges charged with ethical violations?" This editorial appears today in The Fort Worth Star-Telegram.
Posted at 08:27 AM by Howard Bashman


"King County asks state high court to void records ruling": The Seattle Times today contains an article that begins, "King County has asked the state Supreme Court to vacate a landmark public-records decision issued earlier this year, alleging that Justice Richard Sanders -- who wrote the majority opinion -- 'stood to personally gain' from that decision."
Posted at 08:22 AM by Howard Bashman


"Former N.J. Supreme Court justice O'Hern dies; Red Bank native was nominated by Gov. Byrne in 1981 and served until 2000": This article appears today in The Newark (N.J.) Star-Ledger.
Posted at 08:17 AM by Howard Bashman


"N.J. Supreme Court is expected to rule on witness intimidation": The Associated Press has a report that begins, "New Jersey's Supreme Court is expected to rule today in a case that examines the issue of witness intimidation in criminal trials."

After the ruling issues, it will be available via this link.
Posted at 08:15 AM by Howard Bashman



From the April 1, 2009 issue of The Harvard Law Wrecker: "Obama Nominates Obama; Michelle Obama '88 becomes first First Lady, first African-American Woman, Latest HLS Graduate Nominated to Highest Court";

"Scalia's time machine fails; jurist forced to call Constitution 'living document'; Severance of Crucial Link to Founders' Intent Sinks 'Method of Originalism'"; and

"Tribe publishes yet another long book nobody reads; Reviews Uniformly Hail Work as 'Breathtaking.'"
Posted at 08:11 AM by Howard Bashman



"Holder's bold stroke": At Politico.com, Josh Gerstein has an article that begins, "Eric Holder's decision to drop the Ted Stevens case is just the kind of bold stroke longtime critics of the Bush Justice Department wanted from the new attorney general. In one move, he issued a sharp rebuke to a high-profile Bush-era prosecution and asserted his authority over the department."
Posted at 08:05 AM by Howard Bashman


"Hoosier's hearing boycotted": The Indianapolis Star today contains an article that begins, "Republicans on the Senate Judiciary Committee boycotted Wednesday's confirmation hearing of Hoosier David Hamilton to serve on the U.S. Court of Appeals for the 7th Circuit. Pennsylvania Sen. Arlen Specter, the panel's top Republican, said lawmakers were given 'grossly insufficient time' to prepare for the hearing."

The Journal Gazette of Fort Wayne, Indiana reports today that "Lugar, Bayh praise judicial pick."

The Deseret News reports that "Hatch protests fast hearings."

And The Associated Press reports that "Many Republicans boycott judicial nominee hearing."
Posted at 07:50 AM by Howard Bashman



Wednesday, April 1, 2009

"Supreme Court Strengthens Arbitration in Labor Case Ruling": law.com's Tony Mauro has this report.
Posted at 11:55 PM by Howard Bashman


"Ruling by Justices Backs Power Plants": Adam Liptak will have this article Thursday in The New York Times.

And Thursday in The Washington Post, Robert Barnes will have an article headlined "EPA Can Weigh Cost-Benefits in Environmental Action, Court Says."
Posted at 11:27 PM by Howard Bashman



"Legislation could undo ruling on Narragansett land": Thursday's edition of The Providence (R.I.) Journal will contain an article that begins, "The chairman of a key congressional committee said Wednesday that he is 'inclined' to sponsor a bill to address concerns raised by a recent Supreme Court decision that blocked the Narragansett Indians from securing federal trust status for a parcel of land they own in Charlestown."
Posted at 10:55 PM by Howard Bashman


"Keller's attorney says her omissions in disclosure form were unintentional": Today's edition of The Dallas Morning News contains an article that begins, "The failure of the state's highest criminal court judge to disclose all of her real estate holdings was unintentional and not an attempt to hide assets, her attorney said Tuesday."
Posted at 10:45 PM by Howard Bashman


"Storm Clouds Gather Over Obama Nominees": Neil A. Lewis has this article today in The New York Times.
Posted at 08:54 PM by Howard Bashman


"Obama's First Circuit Nominee Gets Quick Hearing": This post appears this evening at "The BLT: The Blog of Legal Times."

For those readers who might wonder when President Obama made a nomination to the First Circuit, the referenced post actually pertains to President Obama's Seventh Circuit nominee, U.S. District Judge David F. Hamilton.
Posted at 08:50 PM by Howard Bashman



"And Then They Came for Koh... If mainstream America can't stand up for Harold Koh, we will get precisely the government lawyers we deserve." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:32 PM by Howard Bashman


James Vicini of Reuters is reporting: He has articles headlined "U.S. court upholds power plant cooling water rule" and "Death row inmate wins clemency lawyer appeal."
Posted at 06:18 PM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: He has articles headlined "Union Contracts Can Limit Bias Suits, High Court Says" and "Power Plants Win at Top U.S. Court on EPA Water Rule."
Posted at 06:15 PM by Howard Bashman


"Just In: The Souter Bobblehead, With Bling." Tony Mauro has this post at "The BLT: The Blog of Legal Times."

More details are available from The Green Bag at this link.
Posted at 02:03 PM by Howard Bashman



Access today's U.S. Supreme Court rulings in argued cases: The Court today issued its ruling in 14 Penn Plaza LLC v. Pyett, No. 07-581. Justice Clarence Thomas delivered the opinion of the Court in this 5-4 ruling. Joining in the Court's opinion were the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Samuel A. Alito, Jr. Justice John Paul Stevens issued a dissenting opinion. And Justice David H. Souter also issued a dissenting opinion in which Justices Stevens, Ruth Bader Ginsburg, and Stephen G. Breyer joined. You can access the ruling at this link and the oral argument transcript at this link.

Today's second ruling in an argued case issued in Entergy Corp. v. Riverkeeper, Inc., No. 07-588. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Kennedy, Thomas, and Alito joined. Justice Breyer issued an opinion concurring in part and dissenting in part. And Justice Stevens issued a dissenting opinion in which Justices Souter and Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link.

And today's third and final ruling issued in Harbison v. Bell, No. 07-8521. Justice Stevens delivered the opinion of the Court, in which Justices Kennedy, Souter, Ginsburg, and Breyer joined. The Chief Justice and Justice Thomas each filed an opinion concurring in the judgment. And Justice Scalia filed an opinion concurring in part and dissenting in part, in which Justice Alito joined. You can access the ruling at this link and the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Worker rights arbitration upheld."

And in early news coverage, The Associated Press has reports headlined "Court rules for employers in arbitration case"; "Court sides with power plants over fish"; and "Court: Gov't should pay lawyers for clemency work."
Posted at 10:07 AM by Howard Bashman



"Philip Morris, Wyeth Cases Mark Shift in U.S. Court's Course": Greg Stohr of Bloomberg News has an article that begins, "Companies are in a slump at the normally business-friendly U.S. Supreme Court."
Posted at 08:22 AM by Howard Bashman


"High Court to Weigh Relevance Of Voting Law in Obama Era": Robert Barnes has this front page article today in The Washington Post.
Posted at 08:21 AM by Howard Bashman


"Portland widow beats Big Tobacco": The Oregonian today contains an article that begins, "The widow of a Portland janitor won her 10-year legal battle with the world's largest cigarette maker Tuesday when the U.S. Supreme Court dismissed the tobacco company's appeal of a $79.5 million award." The newspaper also has reposted online this related article from February 1, 2008, in which I am quoted.

Today in The New York Times, Adam Liptak reports that "Justices End Tobacco Company Appeal."

In The Washington Post, Robert Barnes reports that "High Court Won't Take Up Award Against Philip Morris."

Warren Richey of The Christian Science Monitor reports that "Supreme Court dismisses appeal in tobacco case with $79.5 million verdict; The case was considered one of the most important of the current term because it suggested the justices were headed into a showdown with the Supreme Court of Oregon."

And law.com's Tony Mauro reports that "High Court Dismisses Philip Morris Appeal of $79 Million Punitive Damages Verdict."
Posted at 08:20 AM by Howard Bashman



"Justices Limit the Reach of Apology to Hawaiians": Adam Liptak has this article today in The New York Times.

Today in The Wall Street Journal, Jess Bravin reports that "Native Hawaiians Lose Claim."

And The Honolulu Star-Bulletin contains articles headlined "Ceded lands case sent home; U.S. Supreme Court ruling favors the state but OHA also pleased" and "Bills seek to define ceded lands policy; OHA lawsuit on ceded lands keeps issue on front burner." In addition, the newspaper contains an editorial entitled "Ceded lands ruling creates quick need for sovereignty."
Posted at 08:12 AM by Howard Bashman



"A Split At Justice On D.C. Vote Bill; Holder Overrode Ruling That Measure Is Unconstitutional": Carrie Johnson has this front page article today in The Washington Post.
Posted at 08:03 AM by Howard Bashman


"State Court of Appeals to Hear Two Same-Sex Marriage Cases": This article appears today in The New York Times.
Posted at 07:59 AM by Howard Bashman


"Administration Is Debating Release of Interrogation Memos": The New York Times today contains an article that begins, "The Obama administration is intensely debating whether and when to release documents from the Bush administration related to harsh interrogation methods used on prisoners belonging to Al Qaeda, according to administration and Congressional officials."
Posted at 07:54 AM by Howard Bashman


"Will high court make age-bias lawsuits easier or harder to win? A case the justices heard Tuesday offers them an opportunity to decide the standard for proving illegal discrimination." Warren Richey of The Christian Science Monitor has this report.
Posted at 07:44 AM by Howard Bashman


Happy 59th birthday to U.S. Supreme Court Justice Samuel A. Alito, Jr. This is no April Fool's joke, according to the popular "Today in History" feature from The Associated Press.
Posted at 07:38 AM by Howard Bashman






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