In today’s and yesterday’s newspapers: The Boston Globe today reports that “Lawmakers raise concerns over shadowing of Ill. candidate; Seek ‘privacy zone’ to bar videotaping.” And Cathy Young has an op-ed entitled “School equality: a black responsibility?” Sunday’s newspaper contained an obituary headlined “Archibald Cox, 92; his probe helped unravel a presidency.” Peter Brooks had an op-ed entitled “The ‘two-step’ around Miranda.” And columnist Jeff Jacoby had an op-ed entitled “Vouchers and equal education.”

The Los Angeles Times today reports that “Man Bankrolls Initiative to Change 3-Strikes Law; He spends $1.56 million in a bid that would mean fewer long terms, offer hope to his inmate son.” In other news, “Judge Upholds Lap Dance Ban in La Habra; Ruling that the activity does not constitute protected speech, jurist dismisses a strip club owner’s lawsuit; An appeal is planned.” An article reports that “Grasso Suit Not Cut and Dried Case; Attempt by New York Atty. Gen. Spitzer to recover more than $100 million from former NYSE chief has some weaknesses.” And Shawn Macomber has an op-ed entitled “Federal Sharks Circle Big Tobacco.” Sunday’s newspaper contained an article headlined “Teens in a ‘Sexplosion’? Or Is It All Just Talk? Lawyers defending three youths in an O.C. rape case say the group sex was consensual and that it’s common; Experts and teenagers disagree.” An obituary was headlined “Special Prosecutor Fired by Nixon Over Watergate Probe.” In other news, “Santa Barbara Judge Due in Court on New Charges; Eight months after being tried in a battery and drunk-driving case, the jurist is accused of violating campaign laws.” And an article reports that “Students Rally for Same-Sex Marriages.”

The New York Times reports today that “Military Completed Death Certificates for 20 Prisoners Only After Months Passed.” In technology-related news, “When Software Fails to Stop Spam, It’s Time to Bring In the Detectives” and “U.S. Steps Up Push Against Online Casinos by Seizing Cash.” And in local news, “Can Prints Lie? Yes, Man Finds to His Dismay.” Sunday’s newspaper contained business-related articles headlined “Lawsuits: This Year’s Model” and “The Portrait of a Family, as Painted at a Fraud Trial.”

The Washington Post reports today that “Eliot Spitzer Spoils for a Fight; Opponents Blast Unusual Tactics of N.Y. Attorney General.” And Heather Mac Donald has an op-ed entitled “Common Sense and Computer Analysis.” Sunday’s newspaper contained obituaries headlined “Watergate Prosecutor Faced Down the President” and “Watergate Committee Chief Counsel Samuel Dash Dies.” An article reports that “Challenges Beset Low-Cost Paralegal Aid.” In local news, “Criminal Charges Halted in Underage Alcohol Cases; D.C. Police Chief ‘Not Happy’ With Judge Deeming Possession a Civil Infraction.” And an editorial is entitled “You Only Die Once.”

Finally, OpinionJournal today offers an essay by Douglas J. Feith entitled “Conventional Warfare: The Pentagon and the military respect the Geneva Conventions.”

Posted at 23:00 by Howard Bashman

A round of applause for the “elite” media: Daniel W. Drezner examines “Which blogs are read by the media?“

Posted at 22:58 by Howard Bashman

Columnists disagree over whether the text of the 21st Amendment to the U.S. Constitution should take precedence over the “dormant” Commerce Clause, which is nowhere to be found in the document’s text: Arguing in favor of the 21st Amendment, columnist Steve Chapman had an essay entitled “State borders: Damming the wine flow” yesterday in The Chicago Tribune. Arguing the contrary position is Seattle Times columnist Kate Riley in an essay published today entitled “Courts shouldn’t bottle up Washington’s wines.”

Posted at 22:31 by Howard Bashman

“Is there a humane way to put convicts to death? Supreme Court decision may mean revisiting century-old argument in North Carolina.” Jack Betts had this essay yesterday in The Charlotte Observer.

Posted at 22:27 by Howard Bashman

The Pledge of Allegiance is proving controversial in Portland, Maine’s public schools: An article headlined “City parents pledge resistance” appeared yesterday in The Portland Press Herald.

Posted at 22:24 by Howard Bashman

“Arbitration trend fuels consumer lawsuits; Firms put binding terms in contracts”: The Chicago Tribune yesterday contained an article which reported that “Compulsory arbitration was supposed to unclog the courts, but the practice has spurred a growing number of lawsuits across the country attacking arbitration as anti-consumer.”

Posted at 22:22 by Howard Bashman

“Mayfield’s luck: Only 2 weeks under false arrest.” This editorial appeared yesterday in Newsday.

Posted at 22:20 by Howard Bashman

Coming soon to a newsstand near you: The June 7, 2004 issue of Newsweek contains articles headlined “The Wrong Man: Brandon Mayfield speaks out on a badly botched arrest“; “Peterson Trial: A Boom Goes Bust“; and “A Fight on His Hands: Eliot Spitzer is on a sharp trajectory to higher office; The Grasso case could mean some nasty turbulence.” And the June 7, 2004 issue of Time magazine contains an article headlined “When God Is The Warden: The nation’s first faith-based prison mixes religion and rehab — and stirs up controversy.”

Posted at 22:13 by Howard Bashman

“Black enrollment down at Berkeley; Only 98 African-American students registered for fall — a 30 percent drop”: The Associated Press provides this report from California. Meanwhile, The Detroit News reported yesterday that “U-M may have unintentionally written off top pool of minorities.”

Posted at 22:12 by Howard Bashman

“RIP: Watergate Legal Giants.” CBS News analyst Andrew Cohen today has this essay.

Posted at 22:03 by Howard Bashman

“Historical plaza bid over budget”: Yesterday’s issue of The Casper Star Tribune contained this article reporting on a plaza in which the City of Casper, Wyoming is planning to display “a controversial Ten Commandments monument along with five other monuments honoring documents important to the development of American law.”

Posted at 20:04 by Howard Bashman

“GOP Looks to Limit Class-Action Suits”: Jesse J. Holland of The Associated Press reports here that “After trying to curb class-action suits for years, Republicans finally have enough support to ram legislation through the Senate to limit what they call an overabundance of frivolous cases against American businesses.”

Posted at 19:38 by Howard Bashman

Available online from National Public Radio: Today’s broadcast of “Morning Edition” contained segments entitled “Ten Commandments Case Surfaces in Alabama GOP Primary” and “Iraq Family Seeks Compensation for Son’s Death.”

And yesterday’s broadcast of “Weekend Edition – Sunday” contained a segment entitled “Lynndie England’s Lawyer Sets Strategy.”

Posted at 16:30 by Howard Bashman

“Legal styles collide in Redwood City”: The San Francisco Chronicle today contains two articles previewing the Scott Peterson trial. One article is headlined “Prosecution: Is the charisma gap a benefit or burden?” The other article is headlined “Defense: More behind Geragos than celeb power.”

Posted at 10:00 by Howard Bashman

“Legal fray of assisted suicide smolders; Attorney General John Ashcroft is weighing next move”: The Salem Statesman Journal yesterday contained this article. And a related article was headlined “Assisted-suicide ruling may affect medical-marijuana use.” Relatedly, The Cincinnati Enquirer today contains an editorial entitled “Appeals court right to rebuke Ashcroft.”

Posted at 09:57 by Howard Bashman

Available online from The Houston Chronicle: Today’s newspaper contains articles headlined “Texas lacking standards on retardation in capital cases” and “Strayhorn under fire for religion litmus test; Tax-status denials draw controversy.”

And yesterday’s newspaper contained editorials entitled “Delusional: Treat mentally ill before they commit a capital crime” and “10 percent rule: Unintended consequences in seeking diversity.”

Posted at 09:46 by Howard Bashman

“Cross in seal worth a fight? County supervisors to vote.” The Los Angeles Daily News today contains an article that begins, “A threat by the American Civil Liberties Union of Southern California to sue Los Angeles County government unless it removes a cross from the official county seal is expected to generate heated debate Tuesday when the Board of Supervisors votes on whether to fight the demand.” My earlier coverage of this news can be accessed here.

Posted at 09:21 by Howard Bashman

“What’s in a name? For some, a great deal.” This article appears today in The Trenton Times.

Posted at 09:17 by Howard Bashman

“Locals have role in beef checkoff case; Decision could be year or so away”: The Aberdeen American News contains this article today.

Posted at 09:15 by Howard Bashman

“Local man takes e-mail prankster to court”: This article appears today in The Portland (Me.) Press Herald.

Posted at 09:00 by Howard Bashman

“The man behind all the bad decisions”: St. Petersburg Times columnist Robyn E. Blumner today has an essay in which she writes, “there is perhaps no figure who has his fingerprints on more short-sighted, backward and counterproductive Bush administration policies than does White House Counsel Alberto Gonzales.”

Posted at 11:18 by Howard Bashman

“City Hall same-sex nuptials in limbo; It’s unclear if state Supreme Court will invalidate them”: The San Francisco Chronicle today contains this article by Bob Egelko.

Posted at 11:10 by Howard Bashman

“Supreme Court to Deliver Key Decisions; Rulings are coming on Bush’s actions in the war on terrorism and the words ‘under God’ in Pledge of Allegiance”: David G. Savage has this article today in The Los Angeles Times.

Posted at 11:00 by Howard Bashman

“A&M programs to consider race; Change applies to health sciences”: Yesterday’s edition of The Houston Chronicle contained this article. In related coverage, The Bryan-College Station Eagle reported yesterday that “A&M regents approve race factor.” And The San Antonio Express-News reported yesterday that “A&M minority enrollment is up.”

Posted at 10:45 by Howard Bashman

“Fight over county seal is ill-timed”: Joseph Honig had this op-ed in Friday’s issue of The Los Angeles Daily News.

Posted at 10:41 by Howard Bashman

“Ruling points to command responsibility”: Columnist Robert Landauer, in yesterday’s issue of The Oregonian, had an essay that begins, “It is urgent on this Memorial Day weekend to revisit a 1946 U.S. Supreme Court case. Its principles ought to echo through Iraqi prison cellblocks and Pentagon offices. We look back at this case to help us apply lessons from prior experience to current and future conduct.” The decision in question from 1946 can be accessed at this link.

Posted at 10:38 by Howard Bashman

“Safe passage for judges; A temporary break in the judicial-nominee wars is highly welcome”: This editorial appeared Thursday in The Omaha World-Herald.

Posted at 10:36 by Howard Bashman

“A.G. wants judge off of school case; Brief filed with Supreme Court says rulings have politicized funding issue”: The Lawrence (Kan.) Journal-World contained this article yesterday.

Posted at 10:35 by Howard Bashman

“Lethal-injection drug under attack”: This article appeared yesterday in The Birmingham News.

Posted at 10:33 by Howard Bashman

In Saturday’s newspapers: The Washington Times contains an article headlined “Deportation blocked; fetus ‘American.’”

The Los Angeles Times contains an article headlined “A Fuzzy Fingerprint Leaves a Lasting Mark.” In regional news, “Sept. 13 Is Chosen for Start of Jackson Molestation Trial; Date is months ahead of the predicted timetable; The judge has warned prosecutors and the defense that he would resist efforts at delay“; “Man Cleared in SUV Fires Gets Apology, Cash“; “Rape Case Investigators Miss Court Appearance; San Bernardino County judge rescinds warrants issued for defense team members in Haidl suit“; “State Asked to Rethink E-Voting Decision“; and “Larry Flynt, Gardena’s Civic Treasure; The magazine mogul’s Hustler Casino is a key source of revenue; And it could grow.” And letters to the editor appear under the heading “ACLU Has Its Wires Crossed.”

The New York Times reports that “Southern Town Struggles With a Violent Legacy.” And letters to the editor appear under the headings “Code of Judicial Conduct“; “Fearing Terror, and the F.B.I.“; and “Military Justice.”

The Washington Post reports that “Soldier to Face Military Court in N.C.; Pfc. England’s Hearing in Prisoner Case First on U.S. Soil.” In other news, “Ashcroft Chooses Interim U.S. Attorney; FBI Official Served In D.C. Post Before.” And Law Professor Jennifer L. Mnookin has an op-ed entitled “The Achilles’ Heel of Fingerprints.”

Posted at 23:40 by Howard Bashman

“Terrorists Have No Geneva Rights: Don’t blur the lines between Guantanamo and Abu Ghraib.” Law Professor John Yoo has this essay online today at Opinion Journal.

Posted at 23:24 by Howard Bashman

“The temporary truce between President Bush and Senate Democrats over judicial nominees does not mean J. Leon Holmes, attacked because of his religious beliefs, will be confirmed as a federal district judge in Arkansas.” So columnist Robert Novak writes in the final item contained in his essay published today at Townhall.com.

Posted at 23:15 by Howard Bashman

“Stairway to Justice”: This essay by Harriet McBryde Johnson appears in tomorrow’s issue of The New York Times Magazine. (So much for the theory that I only read The NYTimes Magazine for the articles about teens having sex.)

Posted at 23:10 by Howard Bashman

“Slain Postman’s Mother Can Sue Weapon Makers; Ruling in case resulting from a 1999 Valley rampage brings strong dissent from some appeals court judges”: Henry Weinstein has this article today in The Los Angeles Times. David Kravets of The Associated Press reports that “Appeals court stands firm on gun industry lawsuit.” And Reuters reports that “U.S. Court Allows Lawsuit Against Gun Maker.” My write-up of yesterday’s development from the U.S. Court of Appeals for the Ninth Circuit can be accessed here.

Posted at 20:28 by Howard Bashman

Justice Clarence Thomas’s father-in-law won’t remove flag from balcony: The Associated Press provides this report from Omaha, Nebraska.

Posted at 20:11 by Howard Bashman

“Amtrak ordered to pay $500,000 in racial slur lawsuit”: Bob Egelko has this report today in The San Francisco Chronicle. And Josh Richman reports today in The Oakland Tribune that “Hayward man wins $500,000 in Amtrak discrimination case; 51-year-old said Oakland train yard a hostile work environment.” Amtrak previously took this case to the U.S. Supreme Court but failed to get the suit tossed as time-barred. The Supreme Court issued its ruling in the case on June 10, 2002, and I provided this summary of the ruling (see item four) later that day.

Posted at 20:00 by Howard Bashman

“State Supreme Court Justice James Gilbert to leave bench”: Today’s issue of The Minneapolis Star Tribune contains this article. And The St. Paul Pioneer Press reports that “Gilbert leaving high court.”

Posted at 19:52 by Howard Bashman

“Bush names 12 recess appointments”: United Press International provides this report on yesterday’s news from the White House. Hmmm, I wonder if any of yesterday’s recess appointments were for Article III judgeships?

Posted at 19:46 by Howard Bashman

“Utah judge joins surveillance court”: The Deseret News today contains an article that begins, “One of Utah’s federal judges will be among the 11 judges serving on an intelligence surveillance court in the nation’s capital. U.S. District Judge Dee Benson has been appointed by U.S. Supreme Court Chief Justice William H. Rehnquist to the Foreign Intelligence Surveillance Court, which is charged by a 1978 statute with granting or denying governmental requests to perform electronic surveillance without a warrant.”

Posted at 19:41 by Howard Bashman

“Judge rules being called homosexual is not libelous”: The Associated Press provides this report from Boston. In related coverage, The Boston Globe today reports that “Suit filed by ex-Madonna beau rejected; Gay-marriage law used by judge in dismissal.” A copy of the ruling does not yet appear to be available online via the Web site of the U.S. District Court for the District of Massachusetts.

Posted at 19:35 by Howard Bashman

“Schwarzenegger Sees Money for State in Punitive Damages”: Adam Liptak will have this article in Sunday’s issue of The New York Times.

Posted at 19:34 by Howard Bashman

“The Big Name in Alabama’s Primary Isn’t on the Ballot”: Sunday’s issue of The New York Times will contain an article that begins, “Roy S. Moore’s coattails would not seem to have much to recommend them.”

Posted at 19:30 by Howard Bashman

On the agenda: To kick-off the holiday weekend, my son and I will be attending this afternoon’s baseball game between the Philadelphia Phillies and the Atlanta Braves at brand-new Citizens Bank Park in Philadelphia. Long-time readers of this blog already know which team we’ll be rooting for.

Update: The Braves won 9-3. And J.D. Drew’s response to the reception he regularly receives in Philadelphia — no, they’re not saying “Drewwwww” — was to smack a 2-run homer in the third inning.

Posted at 09:24 by Howard Bashman

The Los Angeles Times is reporting: Today’s newspaper reports that “Jury in Peterson’s Murder Trial Selected; Opening statements are set Tuesday; The panel will decide whether the Modesto man killed his wife and unborn son.” In celebrity-related news, “Judge Orders Streisand to Pay $177,000 for Photographer’s Legal Fees; The singer’s $10-million lawsuit over an online image of her property was dismissed“; “Judge in Jackson Case Is Pressing for an Early Trial; The pop singer’s lawyers contend that prosecutors have been slow in turning over evidence in the alleged molestation“; and “Still No Trial Date for Bryant; Judge blames delay on prosecution, which wants to retest DNA samples; Next hearing is June 21.” In regional news, “Rape Trial Witnesses Challenged; The prosecution in a high-profile case against three teens attacks the credibility of testimony“; “Jury Rejects Claims Against Rezulin; Panel rules the diabetes drug can hurt liver but didn’t cause two deaths or a man’s illness; Hundreds of other cases are pending in L.A.“; “Jury in Rape Case Deadlocks; Panelists fail to agree on charges against three young men accused of sexually assaulting a UCLA student; One is convicted in another incident“; and “Tool Firm Loses Suit on USA Labels.” A front page article is headlined “Cashiered Over Cache in Baghdad; When GIs stumbled on multimillion-dollar stash, Matt Novak dived in; He then ‘tried to make it right,’ but thinks he got a raw deal.” And Law Professor Mitchell Berman has an op-ed entitled “Putting Fairness on the Map; The high court has a chance to ease flagrant partisan gerrymandering.”

Thursday’s newspaper reported that “Court Rejects Ashcroft, Backs Suicide Law; In a 2-1 ruling, appeals justices say that the attorney general exceeded his authority when he targeted Oregon’s measure.” In other news, “GIs Told to Cooperate in Abuse Probe; General in Iraq issues a memo after three people refuse to testify and soldiers talk about how the Abu Ghraib scandal has lowered morale.” An article reports that “Nichols Guilty in Oklahoma Trial; His conviction on 161 state murder counts in the 1995 bombing was ‘long overdue,’ a victim’s mother says; Jurors will decide his fate next.” In news from Colorado, “Prosecutors Seek New DNA Tests; Original results contradict Bryant accuser’s statements to investigators; Setting of a trial date might be affected.” In regional news, “Friends Testify in Rape Trial; Associates contradict the recollection of the alleged victim of gang rape on several points; The three are the first defense witnesses.” And letters to the editor appear under the headings “Doubts on Diverting Punitive Damages” and “Teen Girls Often Won’t Report ‘Drug Rapes.’“

Posted at 22:30 by Howard Bashman

“Wise Counsel: Appoint a special counsel to investigate Geneva violations.” Law Professor Neal Katyal has this jurisprudence essay online at Slate.

Posted at 17:10 by Howard Bashman

A student’s constitutional tort claims arising from punishment received for performing silent fist-raising salute during recitation of the Pledge of Allegiance in public school gives rise to 118-page Eleventh Circuit ruling: You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Circuit Judge Charles R. Wilson dissents in part, because in his view the student “does not have a First Amendment right to raise his clenched fist in the air during the school’s recitation of the Pledge any more than he would have a First Amendment right to raise his fist in the air during math class.”

Posted at 16:58 by Howard Bashman

Pre-holiday weekend judicial confirmation controversy round-up: At WorldNetDaily.com, Jane Chastain yesterday had an essay entitled “Bush throws in towel on judiciary.” Offering an opposing view, The Winston-Salem Journal yesterday published an editorial entitled “Mature Solution.”

On Wednesday, The Birmingham News published an editorial entitled “Sierra Club dud: Environmental group should support, not oppose, Pryor.” And Grist Magazine on Wednesday offered an article entitled “Pryor Restraint: Sierra Club fights appointment of right-wing federal judge.”

Posted at 16:42 by Howard Bashman

“Kansas Supreme Court to Hear ACLU Appeal of 17-Year Prison Sentence for Gay Teenager”: The ACLU yesterday issued a press release that begins, “The Kansas Supreme Court has agreed to consider the American Civil Liberties Union’s appeal on behalf of a gay teenager who was sentenced to 17 years in prison for consensual oral sex, the ACLU said today. Matthew Limon has already been in prison for four years and three months — three and a half times longer than the maximum sentence he would have received if he were heterosexual.”

Posted at 16:27 by Howard Bashman

“ACLJ Files Brief on Behalf of Members of Congress Asking Federal Court in New York to Uphold Constitutionality of National Ban on Partial-Birth Abortion”: The American Center for Law and Justice yesterday issued this press release. A copy of the brief can be accessed at this link (36-page PDF file).

Posted at 16:21 by Howard Bashman

“How Can I Sex Up This Blog Business? Hot gossip! Cool gadgets! Gawker & Gizmodo, Fleshbot & Wonkette! Inside Nick Denton’s plan to become the nanopublishing media mogul.” This article appears in the June 2004 issue of Wired magazine. And speaking of the “Gawker” blog, today it has a post entitled “Paul, Hastings: ‘Gossips, Backstabbers and Napoleonic Personalities.’“

Posted at 16:11 by Howard Bashman

Dusting off the electric chair in South Carolina: In just about two hours from now, James Neil Tucker is scheduled to be executed in South Carolina’s electric chair. The Associated Press reports here that “Tucker will be the first inmate in the nation to be electrocuted in more than a year and the first in South Carolina since 1996.” The article also explains that “Tucker, 47, didn’t actually [affirmatively] choose the electric chair. Under South Carolina law, any inmate sent to death row before June 1995 can ask to die by lethal injection. But if no decision is made, the condemned go to the chair by default.” Relatedly, today’s edition of The Times and Democrat of Orangeburg, South Carolina contains an editorial arguing that “Lethal injection should replace electric chairs, gas chambers, firing squads.”

Posted at 16:03 by Howard Bashman

“Justices question role on legislator eligibility”: The Reno Gazette-Journal today contains an article that begins, “The Nevada Supreme Court heard arguments Thursday on whether government employees legally can serve as state lawmakers, but justices appeared reluctant to decide the matter before it first passes through district court.”

Posted at 16:00 by Howard Bashman

“The Pennsylvania Superior Court’s Policy Of Prohibiting Citation To Unpublished Opinions May Not Be Unconstitutional, But That Policy Nevertheless Should Be Abandoned”: The May 2004 installment of my monthly appellate column published in The Legal Intelligencer, which this month law.com graciously included in one of its nationwide electronic newsletters, now can be accessed free-of-charge at this link. The ruling that inspired this month’s column can be accessed here.

Posted at 15:30 by Howard Bashman

“Carcieri nominates lawyer Robinson to Supreme Court; A General Assembly spokesman says it’s possible to have a confirmation vote before the legislature adjourns in a month or so”: The Providence Journal today contains an article that begins, “Governor Carcieri yesterday nominated lawyer William P. Robinson III for a Rhode Island Supreme Court vacancy, citing his appellate trial experience and ‘considerable intellectual prowess.'”

Posted at 15:27 by Howard Bashman

In news and commentary pertaining to Oregon: The Salem Statesman Journal reports today that “Gay-marriage legal case heads to Oregon Court of Appeals.” And The Oregonian reports that “Residue of arrest clutters Mayfield’s present, future; The lawyer joins the unfortunate few who have faced the task of rebuilding their lives after being falsely linked to heinous crimes.”

In commentary, today The Las Vegas Review-Journal contains an editorial entitled “Assisted suicide.” And Detroit Free Press columnist Brian Dickerson today has an essay entitled “Court hands liberty a win over Ashcroft.”

Posted at 15:15 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Falun Gong asks court to reinstate lawsuit against Jiang Zemin” and “Trial Merges Terror Charges, Free Speech.”

Posted at 14:50 by Howard Bashman

Eight judges dissent, but the Ninth Circuit denies rehearing en banc in case recognizing causes of action for negligence and public nuisance against the manufacturers and distributor of guns used in the Los Angeles-area Jewish Community Center shootings nearly five years ago: You can access at this link today’s order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc. Circuit Judge Consuelo M. Callahan wrote the principal dissent, and Circuit Judge Alex Kozinski chimed in with a few additional words.

The ruling of the original divided three-judge panel thus remains the law of the Ninth Circuit. Circuit Judge Richard A. Paez wrote that decision, in which Circuit Judge Sidney R. Thomas joined. I had this write-up concerning the three-judge panel’s ruling on the day it issued back in November 2003.

Posted at 13:58 by Howard Bashman

“U-M’s next class looks whiter; why is debated; Confusion cited on court ruling; form to apply is harder”: This article appears today in The Detroit Free Press. The Detroit News reports that “U-M draws fewer minorities; Applications down 21%, but officials say they’re on track.” The Ann Arbor News reports that “Fewer blacks apply to U-M; Officials report drop in number of students putting down deposits” and “Race petitions put off until ’06.”

Meanwhile, from California, The Daily Bruin today reports that “Bill may let UC consider race.”

Posted at 12:23 by Howard Bashman

Today’s Ten Commandments news: The Salt Lake Tribune reports that “Judge says Summum religion likely to win monument case.” (For more information about the Summum religion, see my post from July 19, 2002.) And from Alabama, The Birmingham News reports that “Hoover chamber tells AG: Commandments pin political.”

Posted at 11:52 by Howard Bashman

“Quick Verdict A Favor To Nichols?” CBS News analyst Andrew Cohen has this essay.

Posted at 11:31 by Howard Bashman

But where does he stand on thespian marriage? Thanks much to the reader who emailed to note that I overlooked Al Kamen’s “In the Loop” column today in The Washington Post. Therein, Kamen writes:

Special-Interest Amendment?

Typo of the year: This from Supreme Court Chief Justice William H. Rehnquist, in his book “Centennial Crisis.” On Page 217, there’s a discussion of the Civil Rights Cases of 1883. The high court struck down the 1875 Civil Rights Act, he wrote, “saying that the Fourteenth Amendment was directed to stage actors and not the conduct of private owners of public accommodations.”

Is this what’s commonly known as the infamous “Thespian Clause”? Should have read “state” actors, or state officials.

The quoted passage appears as the fourth item in Kamen’s column published today.

Posted at 11:10 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Court Lifts Abortion Law Restraining Order“; “Shoe Bomber Can’t Have Uncensored Time“; “Peterson Jurors Open to Death Penalty“; “Laci Peterson Law Keep Mexican in U.S.“; and “N.C. Lawyer to Give Info on Dead Suspect.”

Posted at 09:00 by Howard Bashman

“High court to decide whether poem constitutes threat; San Jose teen wrote of killing students at school with guns”: In today’s issue of The San Francisco Chronicle, Bob Egelko has an article that begins, “The California Supreme Court pondered literary freedom, school safety and one justice’s vision of a rhyming bank robber Thursday as it tried to decide whether a San Jose teenager was a misunderstood poet or a public menace.” Howard Mintz of The San Jose Mercury News has an article headlined “Poetic license or intent to kill? State court weighs what San Jose student meant.” Maura Dolan of The Los Angeles Times reports that “Boy’s ‘Violent Poem’ Conviction Is Appealed; The state Supreme Court takes up the case of a teenager who, in the wake of the Columbine shootings, wrote about taking guns to school.” And David Kravets of The Associated Press reports that “Calif. Court to Decide on Violent Poetry.”

Posted at 07:17 by Howard Bashman

Available online from law.com: Marcia Coyle has an article headlined “Watching Out for ‘Lane’ Changes; Scope of Title II still unclear after high court decision on ADA, states’ rights.” And in news from Florida, “$26.5M Benlate Award Tossed Over Improper Jury Instruction.”

Posted at 07:11 by Howard Bashman

In Friday’s newspapers: The New York Times reports that “Rowland Sues to Prevent Having to Appear at Inquiry.” An obituary is headlined “Prentice H. Marshall, Federal Judge, Dies at 77.” An editorial is entitled “The Rights of the Terminally Ill.” And Law Professor Joseph A. Grundfest has an op-ed entitled “How Much Is Too Much?”

The Washington Post reports that “Former Rite Aid Chairman Gets 8 Years; Martin L. Grass Pleaded Guilty in Fraud Conspiracy.” And an article is headlined “How Does Courtney Love Plead? Grungy.”

Posted at 06:30 by Howard Bashman

“Printing Problems: The inexact science of fingerprint analysis.” David Feige has this jurisprudence essay online at Slate.

Posted at 22:42 by Howard Bashman

“In next round, will disability rights be broadened further? The Supreme Court sends six cases back to lower courts after its key decision last week favoring a man in a wheelchair.” Warren Richey will have this article in Friday’s edition of The Christian Science Monitor.

Posted at 22:35 by Howard Bashman

“Rehnquist Speech Highlights Dedication of Restored Ohio Judicial Center”: The Ohio Judicial Center has issued this press release. You can watch Chief Justice Rehnquist’s speech by clicking here (Real Player required). The Chief Justice’s speech begins at 1 hour and 8 minutes and 45 seconds into the video. He even cracks an extemporaneous joke shortly into his speech after the audience provided what seemed to be an unexpected reaction. Of course, if you’re interested in the building’s dedication, be sure to watch the entire video.

Posted at 17:00 by Howard Bashman

“A&M Bonfire suits dismissed by judge; Appeals court must make ruling”: This article appears today in The Houston Chronicle.

Posted at 16:54 by Howard Bashman

Available at National Review Online: Manuel A. Miranda has an essay entitled “Strategizing: Senate Republicans start the action.” And Wesley J. Smith has an essay entitled “Euthanizing the CSA: Ready for 50 different drug-control regimes?“

Posted at 16:46 by Howard Bashman

Grilled Wahoo, the day after: The Cleveland Plain Dealer today reports that “High court hears protesters’ case; Police training faulted in ’98 demonstrators’ arrests.” You can view online yesterday’s oral argument in this case before the Supreme Court of Ohio by clicking here (Real Player required). You can access a summary of the case at this link. The opinion of the Ohio Court of Appeals for the Eighth District is accessible here. My earlier coverage of this matter is available here.

Posted at 16:38 by Howard Bashman

“Minor drug arrest, major issue for illegals; Thousands of illegal immigrants arrested for minor drug offenses could fight deportation if a Mexican man living in Homestead wins his federal appeal, which was argued Wednesday”: This article appears today in The Miami Herald.

Posted at 16:25 by Howard Bashman

“U-M minority applications down 21 percent”: The Detroit Free Press today contains this article.

Posted at 16:18 by Howard Bashman

“Issue can be political loser for president in Oregon; Some say Bush should drop his aggressive efforts against assisted suicide in this battleground state”: This article appears today in The Oregonian.

Posted at 16:08 by Howard Bashman

Bad news Bunkley: Exactly one year ago today, the Supreme Court of the United States issued its ruling in Bunkley v. Florida, No. 02-8636 (per curiam). And one year ago tomorrow, I provided the following summary of that ruling:

In the early morning hours one day back in April 1986, Clyde Timothy Bunkley burglarized a closed, unoccupied Western Sizzlin’ Restaurant. He was arrested shortly thereafter, and police discovered a small pocketknife — where else — in Bunkley’s pocket. No evidence exists that the pocketknife was used in the burglary. Under Florida law, someone who commits burglary while armed with a dangerous weapon can be sentenced to life imprisonment, while someone who commits burglary without being armed with a dangerous weapon faces only a maximum of five years in prison. Bunkley, it almost goes without saying, was sentenced to life behind bars.

In 1997, the Supreme Court of Florida ruled that the type of knife Bunkley had in his trousers did not qualify as a dangerous weapon. But Florida state courts follow an incredibly wacky principle of jurisprudence whereby judicial decisions are not applied retroactively unless the decisions result in a “jurisprudential upheaval” constituting “a major constitutional change.” Thus, because the decision that Bunkley’s knife wasn’t a dangerous weapon was simply a refinement of existing law, the Florida courts held that Bunkley could have the pleasure of continuing to spend the rest of his days on earth as the guest of a Florida penitentiary.

Yesterday, however, the U.S. Supreme Court told Florida “wait just one minute.” In Bunkley v. Florida, No. 02-8636 (U.S. May 27, 2003) (per curiam), the Court summarily granted certiorari and vacated the Florida Supreme Court’s judgment to require the Florida court to decide whether the statute that that court construed in 1997 meant the same thing back in 1986. And if the Florida court answers “yes,” then Bunkley will be a free man.

Chief Justice Rehnquist, joined by Justices Kennedy and Thomas, dissented. The Florida court’s 1997 ruling already explained that that decision was a change in the law, and that would seem to compel a negative answer to the question whether the law meant the same thing back in 1986. On the bright side, the dissenters did not remark that Bunkley should be thankful, this being Florida and all, that he received only a life sentence, instead of the death penalty, for burglarizing a closed Western Sizzlin’ Restaurant with a pocketknife in his trousers.

Today, on the one-year anniversary of the U.S. Supreme Court’s ruling, the Supreme Court of Florida issued its ruling on remand. By a vote of 4-2, with one justice recused, Florida’s highest court today upheld Bunkley’s life sentence in a decision, with dissents, that totals 81 pages. In early press coverage of the ruling, The Associated Press reports that “Court upholds life sentence for burglar with pocketknife.”

Posted at 15:55 by Howard Bashman

On today’s broadcast of NPR‘s “Day to Day“: Today’s program contained segments entitled “Legal Challenges to Oregon’s Assisted Suicide Law” and “GOP Control of Congress Threatened in November.”

Posted at 15:10 by Howard Bashman

Maybe he was hoping to win the Publishers Clearinghouse Sweepstakes? Who knew that convicted shoe-bomber Richard C. Reid was such a passionate fan of Time magazine? Today’s ruling of the U.S. Court of Appeals for the First Circuit contains the details.

Posted at 14:45 by Howard Bashman

The Chief Judge of the U.S. Court of Appeals for the Third Circuit announces the designation of two federal district judges to replace Alfred M. Wolin in presiding over two asbestos-related bankruptcy cases from which Judge Wolin’s recusal has been ordered: Today’s orders are available here and here. In all, Judge Wolin’s recusal had been ordered from three asbestos-related bankruptcy cases. Today’s orders designate two different judges to take over two of those three cases; no order is available online yet designating a judge to take over in the third case.

For those desiring more information, my earlier posts on this matter can be accessed here, here, and here.

Posted at 14:20 by Howard Bashman

In news from Utah: The Salt Lake Tribune today contains an article headlined “Judge’s religion not an issue, court says” that begins, “A federal appeals court in Denver on Wednesday denied a petition by the former owners of The Salt Lake Tribune to compel a federal judge to disclose details on his church and political dealings.” And The Deseret Morning News reports that “Judge panel rules against McCartheys; Stewart need not release data about himself for Trib suit.” I first noted yesterday’s ruling of the U.S. Court of Appeals for the Tenth Circuit last night in a post you can access here.

In other news, The Tribune reports that “Abortion curbs might be eased.” And relating to the Ten Commandments, The News contains an article headlined “Settle tablets lawsuit, city told.”

Posted at 11:59 by Howard Bashman

On today’s broadcast of NPR‘s “Morning Edition“: This morning’s broadcast contained segments entitled “Jury Convicts Nichols, Must Now Weigh Death Penalty” and “Colorado School Vouchers.”

Posted at 11:43 by Howard Bashman

U.S. Court of Appeals for the Eighth Circuit continues to adhere to the “collective rights” view of the Second Amendment to the U.S. Constitution: As the majority opinion issued by a three-judge panel today explains, “Since Lippman has not shown that his firearm possession was reasonably related to a well regulated militia, his Second Amendment argument cannot succeed.”

Circuit Judge Steven M. Colloton, who joined the Eighth Circuit last September, issued an opinion concurring in part and concurring in the judgment in which he notes that both the criminal defendant and the United States agree that the Second Amendment protects an individual’s right to bear arms. Judge Colloton writes (citation omitted), “It is an interesting question whether a prior panel decision binds a subsequent panel if both parties believe that the precedent is incorrect and decline to invoke it. I need not dwell on that conundrum here, because Lippman’s constitutional claim also fails under the more expansive interpretation of the Second Amendment advanced by the parties.”

Posted at 11:30 by Howard Bashman

Available online from law.com: Shannon P. Duffy reports that “Fen-Phen Opt-Outs Win Evidentiary Victory; Appeals court strikes overbroad restrictions.” (And no, Shannon’s article is not mentioned first solely because today is his birthday.) Tony Mauro reports that “Supreme Court Considers Libel Doctrines.” In other news, “California Supreme Court Weighs Mom’s Right to Block Visits; In separate matter, justices hear death penalty case.” An article reports that “New Questions Arise About Touch-Screen Voting Machines; In audit of iVotronic’s performance in a Florida city, 162 ballots failed to appear, flaw was slow to surface.” And an article headlined “Feeding Time” discusses RSS newsreaders.

Posted at 11:01 by Howard Bashman

“Moore to appeal ouster to U.S. Supreme Court”: This article appears today in The Birmingham News. And a related article reports that “Moore blasts Brown over ads concerning commandments.” Elsewhere, The Montgomery Advertiser reports that “Moore appeals removal.”

Posted at 09:44 by Howard Bashman

U.S. Court of Appeals for the Sixth Circuit upholds $1.4 million jury award against Norfolk Southern Railway Company for vegetation negligence: You can access today’s ruling at this link. The U.S. Supreme Court has already issued one ruling on the merits of this case.

Posted at 09:31 by Howard Bashman

“Court bars Ashcroft role in suicide law”: The Oregonian today contains this article. The Oregonian also contains an editorial entitled “Assist for state on assisted suicide; 9th Circuit rightly blocks Ashcroft attack on Oregon law.” The Salem Statesman Journal reports that “Oregon’s assisted-suicide law upheld; Judges write that John Ashcroft overstepped bounds” and “Ashcroft seeks new strategy to defeat assisted-suicide law; Court decision has minimal impact, Oregon analysts say.” The Statesman Journal also contains an editorial entitled “Open letter to Ashcroft: Butt out of Oregon; The state wants to end interference with its law.”

Elsewhere, Bob Egelko of The San Francisco Chronicle reports that “Bid to stop suicide law rejected; Court calls U.S. effort to punish doctors improper.” And The Recorder contains an article headlined “9th Circuit to Ashcroft: Back Off; Split panel says medical issues should be left to states.”

Posted at 09:16 by Howard Bashman

“Al-Hussayen’s defense rests after calling just one witness; Jury will hear closing arguments starting Tuesday”: This article appears today in The Idaho Statesman.

Posted at 09:07 by Howard Bashman

In Thursday’s newspapers: The New York Times reports that “Nichols Is Found Guilty in Oklahoma Bombing.” An article reports that “Dieter Sues Atkins Estate and Company.” In news from the war on terror, “Prison Interrogations in Iraq Seen as Yielding Little Data on Rebels“; “How Colonel Risked His Career by Menacing Detainee and Lost“; and “F.B.I. Seeks Man in California for Possible Terror Connection.” An article reports that “Rowland and Panel Weigh Strategies After a Subpoena.” In business news, “Exchange Ready to Battle Grasso Over Bonus Pay.” An editorial is entitled “Judicial Ethics Under Review.” And Scott Turow has an op-ed entitled “Cry No Tears for Martha Stewart.”

The Washington Post reports that “Nichols Guilty of 161 Counts of Murder; State Verdict Brings Oklahoma City Bombing Participant Closer to Death Sentence.” In other news, “Sniper Trial In Fairfax Faces Legal Hurdles; Previous Prosecutions Complicate the Case Against Muhammad.” An article reports that “Md. Rally Opposes Execution; Death Penalty Foes Concede Difficulties in Case.” In business news, “Enron Trials Will Challenge Jurors.” In sports, “Draft Rule Will Be Made Much Clearer.” And an editorial is entitled “Apology Is Not Enough.”

The Christian Science Monitor reports that “France joins gay marriage debate; A mayor challenges France to consider gay marriage by offering the nation its first same-sex ‘wedding’ next week.”

And at OpinionJournal, Daniel Grant has an essay entitled “Art vs. Property Rights: Owners of artworks have legal obligations to the artists. Is that fair?“

Posted at 07:10 by Howard Bashman

“Ashcroft Loses in Fight Against Oregon’s Assisted Suicide Law”: Henry Weinstein of The Los Angeles Times provides this news update. And Thursday’s issue of The Washington Post will report that “Court Rules on Aided Suicide; Appeals Panel Says Ashcroft Overstepped Bounds in Oregon.”

Posted at 23:50 by Howard Bashman

Elsewhere in Wednesday’s newspapers: The Los Angeles Times reports that “FBI Ignored Spain’s Doubt on Fingerprint; The embarrassed agency will review its mistakes in the case; The top agent in Portland will apologize to the lawyer held as a suspect.” An article is headlined “You’re being watched: Voices on all sides are raising concerns about post-9/11 security laws and the interpretation of those measures. How much privacy can we lose?” In regional news, “Rape Case Defense Questions Motives; Attorneys for the three accused in videotaped incident say the alleged victim wanted charges pressed just to get money“; “Love Agrees to Narcotics Counseling in Plea Deal“; and “Woman Freed After 22 Years in Prison; The state cited battered woman’s syndrome in releasing the immigrant, once held as a sex slave.” An article reports that “Bryant Seeking Phone Records.” In other news, “Case Against Nichols Circumstantial, Based on Bad Science, Defense Says; Prosecutors were ‘not searching for the truth,’ the bombing suspect’s lawyers contend in final arguments; Jurors begin deliberations today.” And a letter to the editor appears under the heading “Seeking Marriage Laws That Don’t Discriminate.”

The Boston Globe reports that “Prosecutors target wrongful convictions.” Columnist Eileen McNamara has an essay entitled “Imperfect norm.” And Nonnie S. Burnes and Pamela J. Wood have an op-ed entitled “Don’t blame juries when facts don’t fit.”

Posted at 23:30 by Howard Bashman

Tenth Circuit rejects efforts to recuse Mormon federal district judge from continuing to preside over lawsuit involving the ongoing fight over the ownership and control of The Salt Lake Tribune: You can access today’s unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link. The appellate court writes, in a very interesting passage toward the end of its opinion, that “we note that merely because Judge Stewart belongs to and contributes to the Mormon Church would never be enough to disqualify him.”

Posted at 23:20 by Howard Bashman

On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast included segments entitled “Court Upholds Oregon Suicide Law” and “Nichols Convicted of Murder in Oklahoma Trial” (Real Player required).

Posted at 23:10 by Howard Bashman

“Assisted suicide upheld; An appeals court says the Bush administration can’t interfere with the landmark Oregon law”: The Oregonian provides this news update.

Posted at 23:05 by Howard Bashman

In Thursday’s issue of The New York Times: Adam Liptak will have an article headlined “Ruling Upholds Oregon Law Authorizing Assisted Suicide.” And in other news, “For Some, the Blogging Never Stops.”

Posted at 23:01 by Howard Bashman

“Judicial nomination deal only a short-term solution”: This editorial appears today in The Pantagraph of Bloomington, Illinois.

Posted at 17:40 by Howard Bashman

“New rules open up judicial campaigns; Judge candidates can speak out, blast opponents”: Today’s issue of The Atlanta Journal-Constitution contains this article.

Posted at 17:37 by Howard Bashman

“Court to decide definition of sexual predator”: This article appears today in The Cleveland Plain Dealer.

Posted at 17:35 by Howard Bashman

“Perry wants 10% college admission rule revised”: The Houston Chronicle today contains this article.

Posted at 17:33 by Howard Bashman

“Mo. Supreme Court will review timing of vote on gay marriage”: This article appears today in The St. Louis Post-Dispatch.

Posted at 17:30 by Howard Bashman

Ford Motor Company, in the news: Thursday’s issue of The Courier-Mail reports that “Ford pays $16m to Gympie car victim.” Gympie does not refer to the victim’s condition; rather, it is the name of the place in Australia where she resides. In other coverage of this payment, The Lexington Herald-Leader yesterday reported that “Ford pays victims, families $37.5 million; Three died in 1995 van rollover crash in Scott.” Finally, today The Detroit News reports that “Ford cited for holding key evidence; Judges warn company about failure to provide court papers.”

Posted at 16:45 by Howard Bashman

“Dershowitz Granted Appeal for Bad Book Review”: Today’s broadcast of NPR‘s “Day to Day” included this segment (Real Player required).

Posted at 16:35 by Howard Bashman

En banc Fourth Circuit emphasizes that Rule 11’s “safe harbor” provisions must be followed by party seeking Rule 11 sanctions: You can access today’s en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. As was the case yesterday, today’s decision likewise qualifies as essentially unanimous. The original three-judge panel’s ruling was written by the Fourth Circuit’s usual suspect when a seven-page opinion takes two years and two months after oral argument to issue. Today that judge explained in a notably brief concurrence that another ten months of time in which to conduct additional reflection have not caused him to change his view of the case.

Posted at 16:19 by Howard Bashman

“This case presents significant questions concerning the appointment process for military officers.” The quoted sentence that serves as this post’s title appears at the beginning of the “Background” section of an opinion that the U.S. Court of Appeals for the Federal Circuit issued today.

Posted at 16:10 by Howard Bashman

“Nichols Convicted of State Murder Charges”: The Associated Press reports here that “Nearly a decade after the Oklahoma City bombing, Terry Nichols was convicted of 161 state murder charges Wednesday for helping carry out what was then the deadliest terrorist attack on American soil. He could get the death sentence he escaped when he was convicted in federal court in the 1990s.”

Posted at 15:44 by Howard Bashman

Grilled Wahoo — a tasty fish or a protected First Amendment activity? The Associated Press offers a report headlined “Hazard or free speech: Burning of Chief Wahoo before court.” And Native American Times provides a report headlined “American Indian Movement case reaches State Supreme Court; Was protest free speech?“

Posted at 15:37 by Howard Bashman

Louisiana to butt out of trouser regulations; In the end, proposal to crack down on low-rider pants runs out of gas: The Times-Picayune today reports that “House ditches britches bill; Vote not high enough for ‘low-rider’ ban.”

Posted at 15:13 by Howard Bashman

BREAKING NEWS — Divided three-judge Ninth Circuit panel enjoins enforcement of the “Ashcroft Directive,” which declares that physician assisted suicide violates the Controlled Substances Act of 1970: You can access the ruling of the U.S. Court of Appeals for the Ninth Circuit in Oregon v. Ashcroft at this link. Also, the Ninth Circuit’s Clerk’s Office has issued this helpful summary of today’s ruling.

Ninth Circuit Judge Richard C. Tallman wrote the majority opinion, in which Senior Circuit Judge Donald P. Lay, sitting by designation from the U.S. Court of Appeals for the Eighth Circuit, joined. Senior Ninth Circuit Judge J. Clifford Wallace dissented. Something tells me that this case may be a good candidate for rehearing en banc or U.S. Supreme Court review.

The group Compassion in Dying has issued this press release today. You can access additional information about the case here and here, and the federal trial court’s ruling in the case is available at this link.

Lastly, David Kravets of The Associated Press reports that “Court Backs Oregon’s Assisted Suicide Law.”

Posted at 13:20 by Howard Bashman

“White House memo criticized; Bush adviser says draft of opinion didn’t lead to Iraqi prisoner abuse”: In today’s edition of USA Today, Joan Biskupic has an article that begins, “White House counsel Alberto Gonzales on Tuesday rejected suggestions by critics on Capitol Hill that the recent abuse of prisoners in Iraq could have stemmed from a memo he wrote in 2002 that said foreign fighters captured in Afghanistan were not entitled to protections under the Geneva Conventions.”

Posted at 12:22 by Howard Bashman

“New chief justice is a man of the law; Myron T. Steele will become Delaware’s seventh chief justice today in Dover”: This article appears today in The Wilmington News Journal.

Posted at 12:20 by Howard Bashman

“Supreme court justice spends day in area”: The Daily Progress of Charlottesville, Virginia today contains an article that begins, “When Sandra Day O’Connor was graduated from Stanford University’s law school in 1952, California law firms were not hiring women as lawyers.”

Posted at 12:18 by Howard Bashman

Dorf on height discrimination: This essay appears today online at FindLaw. Hmmm, I always thought that Dorf was merely pretending to be diminutive.

Posted at 12:10 by Howard Bashman

“His Monument, My Oath, and the Rule of Law”: Champ Lyons, Jr., Associate Justice of the Supreme Court of Alabama, issued this 38-page essay on May 12, 2004. As I noted here on Monday, this essay has recently been the subject of newspaper articles in two of Alabama’s major newspapers.

In other Ten Commandments-related news from Alabama, today’s edition of The Birmingham News contains an article headlined “Lawyer seeks justice’s ouster, disqualification” that begins, “Mobile lawyer Jim Zeigler said Tuesday he will file an ethics complaint today against Justice Jean Brown for running what he says are false and misleading campaign commercials about her vote to remove a Ten Commandments monument from the state judicial building.”

Update: And this news just arrived — “Judge Roy Moore to Take Appeal to U.S. Supreme Court.”

Posted at 11:10 by Howard Bashman

“Online Weblog Leads To Firing”: Today’s edition of The Harvard Crimson contains this article.

Posted at 11:07 by Howard Bashman

“Prosecutor faces sex accusations; Hardin defendant taped encounter, her lawyer says”: This article appears today in The Louisville Courier-Journal.

Posted at 10:58 by Howard Bashman

On today’s broadcast of NPR‘s “Morning Edition“: This morning’s broadcast contained segments entitled “California High Court Weighs Gay Marriage Licenses” and “Jury Deliberations Begin in Nichols Murder Trial.”

Posted at 10:52 by Howard Bashman

“Gay marriage hearing suggests high court will rule against city; Justices appear to agree Newsom went too far in authorizing licenses”: Bob Egelko has this article today in The San Francisco Chronicle. Claire Cooper, legal affairs writer for The Sacramento Bee, has an article headlined “A high court grilling for S.F.; State justices take a hard look at the city’s decision to perform gay marriages.” In The Los Angeles Times, Maura Dolan reports that “Justices Wary of S.F. Gay Unions; At a state high court hearing, several say the city should have pursued a legal challenge before allowing same-sex couples to marry.” In The San Jose Mercury News, Howard Mintz reports that “Gay vows in S.F. appear doomed; Justices case doubt over legality of 4,000 weddings.” In The Oakland Tribune, Josh Richman reports that “Gays wed in S.F. face legal limbo; Even if state Supreme Court decides officials acted illegally, licenses could remain valid.” And The San Diego Union-Tribune reports that “Court might rein in S.F. City Hall; Legality of mayor’s action on gay marriages at issue.”

Posted at 10:44 by Howard Bashman

“Same-sex marriage ban intact in Arizona; High court refuses to consider appeal”: This article appears today in The Arizona Republic. And The Arizona Daily Sun reports that “Gay marriage still a no-go.”

Posted at 10:36 by Howard Bashman

“Lawyers to abbreviate terror defense; Al-Hussayen jury may hear only 2 days of testimony”: This article appears today in The Idaho Statesman.

Posted at 07:27 by Howard Bashman

In Wednesday’s newspapers: The New York Times reports that “California Supreme Court Considers Gay Marriage Licenses.” In other news, “Spain Had Doubts Before U.S. Held Lawyer in Madrid Blasts.” Adam Liptak has an article headlined “Who Would Try Civilians of U.S.? No One in Iraq.” In business news, “Day After Suit Filed Over His Pay, Grasso Comes Out Fighting“; “How to Make the Case Against Grasso“; and “Convicted Former Banker Is Seeking a New Trial.” An article reports that “U.S. Brings New Set of Charges Against Pipe Manufacturer.” In regional news, “Testimony Mentioned a Fee for Rowland the Consultant“; “New Charge for Suspect in Trial Fixing“; and “As Police Extend Use of DNA, a Smudge Could Trap a Thief.” And editorials are entitled “The F.B.I. Messes Up” and “Chasing Mr. Grasso’s Millions.”

The Washington Post reports that “Gay Unions Go Before Calif. Court; Judges Deciding if City Erred in Issuing Licenses.” In other news, “Judicial Discipline to Be Examined; Rehnquist Names Panel in Response to Ethics Controversies.” An article reports that “Former Clinton Attorney Added To Stewart Team; Walter Dellinger Known For Skill in Appeals.” In regional news, “Muhammad To Be Tried In Fairfax Sniper Case; County to Seek Death As ‘Insurance Policy’” and “Protection Sought for Diplomats’ Domestics; Rights Groups Cite Abuse of Workers.” And in business news, “Firms Sue Google for Ad Links to Competitors; Search for One Brand Can Bring Up Another” and “Grasso, Spitzer Take It Personal.”

Finally, Warren Richey has an article in The Christian Science Monitor headlined “Making them talk: the moral debate; Some say 9/11 justifies coercion; others call that a slippery slope.”

Posted at 07:02 by Howard Bashman

Previously you could only sign a petition against Yoo: Now, thanks to other students at Boalt Hall, you have the option of signing a petition in support of Yoo. What you ought to do with respect to Yoo only you can decide.

Posted at 00:22 by Howard Bashman

Elsewhere in Tuesday’s newspapers: In The Los Angeles Times, David G. Savage reports that “High Court Expands Police Rights in Vehicle Searches; Decision allows officers to check a car without a warrant after an arrest nearby; Justices also agree to hear inmate’s death penalty challenge” and “Calif. Death Penalty Law at Issue.” In other news, “FBI Exonerates Ore. Attorney; The agency issues a rare apology and says it erred in linking the lawyer to Madrid bombing case.” An article reports that “Clarett Suffers Court Setback; His eligibility victory over the NFL is overturned; USC will try to reinstate Williams.” In other news, “Nichols Involved ‘From Get-Go,’ Jury Told; In closing statements, prosecutors say he was the main conspirator in the Oklahoma bombing.” In regional news, “O.C. Law School to Drop Its ABA Suit; Under a deal, Western State will give up its provisional accreditation in August but could get it back by February” and “Deaths Spur Look at Inmate Labels; Although classified as ‘keep-aways,’ jailed witnesses are not isolated from those who may attack them.” In business news, “U.S. Wins Round in Tobacco Lawsuit; Judge rules that the government may pursue a $280-billion claim against the industry” and “Stock Market’s Ex-CEO Is Sued, Accused of Unlawful Pay Grab.” And an article is headlined “You’re being watched: Voices on all sides are raising concerns about post-9/11 security laws and the interpretation of those measures; How much privacy can we lose?”

The Boston Globe reports that “High court allows car search; Second case backs death-row inmate on penalty method.” An article headlined “War without limits may be nearing end” begins, “Every day that the Abu Ghraib prison scandal stays in the news, nine justices wake up each morning and read of dog collars and naked detainees stacked in pyramids, of forced masturbation and unexplained deaths. And then they prepare to consider whether to support the Bush administration’s right to hold ‘enemy combatants’ for as long as the Defense Department wishes.” In regional news, “Somerville eyes challenge to AG; Mayor raps order halting same-sex visitors’ licenses.” An article reports that “Jury in Ill. returns inmate to death row.” And in other news, “Dershowitz protests, and a new, milder book review runs.”

In USA Today, Joan Biskupic reports that “Death-row inmate allowed to appeal execution method.” An article is headlined “Courts asked to consider culture: An act defined as crime in USA may be common in other places; Should justice system take that into account?” In other news, “Judge clears attorney arrested in Madrid bombing.” And an article reports that “Defense lawyers want England’s statements erased.”

Finally for now, The Washington Times contains an article headlined “Dictionaries take lead in redefining modern marriage.”

Posted at 23:44 by Howard Bashman

“Supreme Court Selects Wine, Beef Disputes; Justices will hear cases on interstate purchase of alcohol and product ads funded by farmers”: David G. Savage has this article today in The Los Angeles Times.

In other coverage of the wine case, The Grand Rapids Press reports that “High court takes on Michigan’s Internet liquor ban.” The Detroit Free Press reports that “Wineries to get hearing; Supreme Court to test Mich. law.” Joan Biskupic of USA Today reports that “High court to rule on wine shipments; Small businesses, consumers could benefit.” The Washington Times reports that “U.S. wineries fight to ship across nation.” The Courier-Journal reports that “High Court agrees to hear three cases on wine sales.” The St. Petersburg Times contains an article headlined “Want wine from out of state? Court to decide.” The San Antonio Express-News reports that “Wine dispute will go to Supreme Court.” And The Oregonian contains an editorial entitled “Time to uncork wine industry; Unfettered commerce in wine would benefit wine lovers across America and, of course, Oregon’s wine industry.”

Posted at 23:30 by Howard Bashman

Access online archived video of today’s oral arguments before the Supreme Court of California in the San Francisco Same-Sex Marriage Cases: Thanks to C-SPAN, the video of today’s oral arguments is available on-line, on-demand at this link (Real Player required).

Posted at 23:25 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Terry Nichols Case Goes to the Jury“; “Fla. Execution Delayed While Claim Probed“; “2 More Mass. Cities Wed Out-Of-State Gays“; “Military Confirms Soldier Injured in Cuba“; and “Judge Kicked Off Bench for Drunkenness” (plus, you can access today’s ruling of the Supreme Court of Louisiana at this link).

Posted at 23:20 by Howard Bashman

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Court Hears Suit Against San Francisco Mayor“; “U.S. Citizen Cleared in Madrid Bombing“; and “Record Companies Sue over Copyrights.”

And today’s broadcast of “Talk of the Nation” contained segments entitled “Material Witness” (featuring an interview with Law Professor Jeffrey Rosen) and “U.S. Prison Conditions.”

Posted at 23:01 by Howard Bashman

“Rehnquist Orders Study After Scalia Flap”: Gina Holland of The Associated Press has an article that begins, “Chief Justice William H. Rehnquist has ordered a study of federal judicial ethics, a move that follows intense criticism of Supreme Court Justice Antonin Scalia for taking a hunting trip with his friend, Vice President Dick Cheney. A six-member committee appointed by Rehnquist will begin meeting next month, about the time the Supreme Court is expected to rule in a case involving Cheney that generated much of the criticism. Rehnquist named Justice Stephen Breyer, a Clinton appointee, to chair the panel.”

Posted at 21:12 by Howard Bashman

“Spanky the clown arrested on porn charges”: CNN.com provides this report.

Posted at 21:00 by Howard Bashman

“Sandra’s Days: The cowgirl from Arizona gets personal.” Dahlia Lithwick has this essay online tonight at Slate. And those not content merely to read Dahlia’s insightful prose can hear her dulcet-toned voice in a segment entitled “Slate’s Jurisprudence: Mothers, Fetal Rights and the Law” broadcast today on NPR‘s “Day to Day.”

Posted at 20:55 by Howard Bashman

“Chief justice champions judicial independence”: The Standard-Times of New Bedford, Massachusetts today contains an article that begins, “The chief justice of the Massachusetts Supreme Judicial Court yesterday defended an independent judiciary against complaints of ‘activist judges’ making law from the bench. Chief Justice Margaret H. Marshall, in a meeting with The Standard-Times editorial board, smiled at the mention of the words ‘activist judges,’ saying ‘the term arises when there is a significant disagreement with the outcome of the case.'”

Posted at 16:59 by Howard Bashman

“County Seal Has a Cross the ACLU Can’t Bear”: Today’s issue of The Los Angeles Times contains an article that begins, “The American Civil Liberties Union wants to take religion out of the Los Angeles County seal. Supervisor Mike Antonovich, thinks the ACLU has too much time on its hands. At issue is the seal designed by the late Supervisor Kenneth Hahn that contains a tiny cross symbolic of the Catholic missions that are so much a part of the county’s history.” You can view the seal of the County of Los Angeles, California at this link. And at this link you can view a seal at the Los Angeles Zoo.

Update: Law Professor Eugene Volokh offers “A little bit of history … and a little bit of perspective.”

Posted at 15:48 by Howard Bashman

“Ruling staggers Clarett; Appeals court again favors NFL”: This article appears today in The Cleveland Plain Dealer.

Posted at 15:38 by Howard Bashman

“Calif. High Court Hears Gay Marriage Case”: David Kravets of The Associated Press provides this report.

Posted at 15:17 by Howard Bashman

En banc Fourth Circuit rules that lawsuit filed by employee who claimed he was unlawfully fired for displaying two Confederate flag decals on his toolbox was improperly removed from state court to federal court: You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. The result appears to be unanimous. The three-judge panel in this case oddly consisted of two district judges and one active Fourth Circuit judge, and the result advocated in dissent by U.S. District Judge Joseph R. Goodwin of the Southern District of West Virginia, sitting by designation, has today prevailed. You can access the three-judge panel’s ruling at this link. My earlier posts about this case are both conveniently available here.

Posted at 14:45 by Howard Bashman

“Beef ads prompt 3rd high court review of mandatory marketing”: Tony Mauro has this report online at the First Amendment Center.

Posted at 14:43 by Howard Bashman

A win for intermediate opt-out plaintiffs in the In re Diet Drugs Products Liability Litigation class action: The U.S. Court of Appeals for the Third Circuit ruled today, in an opinion you can access here, that a Philadelphia-based federal district court exceeded its power in prohibiting plaintiffs who are entitled to pursue claims only for compensatory damages in state court from introducing any evidence that might also be relevant to the issue of punitive damages, a remedy that these intermediate opt-out plaintiffs, under a settlement that binds them, are not entitled to pursue.

The federal district court had ruled that plaintiffs entitled to seek compensatory damages in state court were prohibited from introducing evidence relevant to both compensatory and punitive damages due to the class action settlement’s prohibition on punitive damages, even though these state court plaintiffs were not seeking an express award of punitive damages. The Third Circuit today ruled that the federal district court’s evidentiary prohibition was impermissible.

Posted at 12:43 by Howard Bashman

Watch or listen live online to today’s California Supreme Court oral arguments in the San Francisco Same-Sex Marriage Cases: You can view the oral arguments online via C-SPAN (accessible via this link) or The California Channel (click here). To listen live online (audio only) click here.

Posted at 11:58 by Howard Bashman

“$1.3 billion oyster case hits La. high court; Plaquemines farmers’ attorneys face justices’ tough questioning”: This article appears today in The Times-Picayune.

In somewhat related news, an article published today under the headline “Party at Calogero’s home gets violent” begins, “Sheriff’s deputies broke up a party of teenagers at the Metairie home of Louisiana Supreme Court Chief Justice Pascal Calogero after receiving reports that a girl had punched another girl.”

Posted at 11:48 by Howard Bashman

On today’s broadcast of NPR‘s “Morning Edition“: This morning’s broadcast included segments entitled “Madrid Bombing Suspect Freed after FBI Error“; “Grasso Vows to Keep $100 Million in Pay“; “Grand Jury Hears Testimony in Coke Probe“; and “Getting to the Bottom of Perchlorate, Part 2.” Real Player is required to play these audio segments.

Posted at 11:36 by Howard Bashman

“Americans ‘Courting Disaster’ with Next Supreme Court Justices; At Stake With Next President’s Nominees to High Court: Civil Rights, Privacy, Clean Air & Water, Religious Liberty and Other Rights and Legal Protections”: The organization People For the American Way issued this press release today announcing the publication of a new report entitled “Courting Disaster 2004: How a Scalia-Thomas Supreme Court Would Endanger our Rights and Freedoms” (60-page PDF document).

Posted at 11:28 by Howard Bashman

“Bush deal for court nominees irks conservatives”: This article appears today in The Washington Times.

Posted at 11:23 by Howard Bashman

“Cases on gay nuptials in court; Local governments’ power is central issue; arguments begin today”: Josh Richman has this article today in The Oakland Tribune. The Sacramento Bee reports that “For gay newlyweds, issue is personal; Licenses on trial today have brought something deeper to three committed couples.” And Bloomberg News reports that “California Court, Split on Gay Rights, Reviews Gay Weddings.”

Posted at 11:10 by Howard Bashman

In today’s issue of The San Francisco Chronicle: Today’s newspaper contains articles headlined “Sizzle, steak and lawsuits: Supreme Court to hear California beef ad case with wide implications” and “Top court to rule on winery shipping; Small vintners seek end to ban on direct out-of-state sales.” In news from the Scott Peterson trial, “Evidence withheld, defense asserts.”

Finally, Bob Egelko has an article headlined “Enough evidence for trial of CIA drugging” that begins:

A San Jose man who claimed the CIA secretly had given him LSD in 1957 as part of a mind-control experiment — causing him to try to hold up a San Francisco bar in a fit of paranoia — offered enough evidence of possible drugging to go to trial on his $12 million damages suit, a federal judge ruled Monday.

You can access yesterday’s ruling by Chief Judge Marilyn Hall Patel of the U.S. District Court for the Northern District of California at this link.

Posted at 10:55 by Howard Bashman

On the agenda: At 9 a.m. pacific time today, the Supreme Court of California will begin hearing two hours of oral arguments in the so-called San Francisco Same-Sex Marriage Cases. Last week the court issued a press release entitled “Supreme Court Grants Public Access to Oral Arguments on Same-Sex Marriage.” The oral arguments will be televised by C-SPAN and also be accessible live, online via this link. And the briefs filed in these cases can be accessed online via this link.

The court’s press release describes the questions presented in the following manner:

By a unanimous vote on March 11, 2004, the Supreme Court issued an “order to show cause” in each same-sex marriage case that directed San Francisco officials to demonstrate why they have not exceeded their authority by issuing marriage licenses to same-sex couples on the basis of their own view that the existing marriage statutes are unconstitutional, before any court has issued a judicial determination on that issue.

The order to show cause was specifically limited to this legal question, and does not include the substantive constitutional challenge to the California marriage statutes themselves. The court indicated that that constitutional issue may be litigated separately in another case that may be filed in superior court.

On April 14, 2004, the Supreme Court issued an order asking the parties to submit additional briefing on whether the court should determine–in these cases–the validity of same-sex marriages that already have been performed and registered by the City and County of San Francisco.

Stay tuned here for additional coverage throughout the day.

Posted at 10:40 by Howard Bashman

“Blue Helmets vs. Prop. 209: A California judge uses a U.N. treaty to discriminate.” Lance T. Izumi and Sharon Browne have this essay today at National Review Online.

Posted at 10:39 by Howard Bashman

“Berkeley Students Attack Free Speech; Demand Conservative Professor Apologize”: The New York Sun today contains this front page article by Josh Gerstein.

Posted at 10:30 by Howard Bashman

“Death Row inmate gets day in court”: The Birmingham News today contains an article that begins, “Alabama Death Row inmate David Larry Nelson won another reprieve Monday when the U.S. Supreme Court agreed unanimously to let him contest how the state plans to find a vein and give him a lethal injection.” The Montgomery Advertiser reports that “High court sides with inmate.” The Houston Chronicle reports that “High court allows inmate to challenge lethal injection.” The Pittsburgh Post-Gazette reports that “Death row inmate can sue on injection; Supreme Court allows ‘cruel and unusual’ case.” The Charlotte Observer reports that “Lawyers disagree on effect of ruling; Attorneys general see no basis to halt executions; defenders find new one.” And Houston Chronicle columnist Cragg Hines has an essay entitled “A new artery for death case appeals?“

Posted at 08:41 by Howard Bashman

The Oregonian is reporting: Today’s newspaper contains articles headlined “U.S. judge frees Mayfield“; “FBI apologizes to Mayfield“; and “‘Sneak and peek’ searches dogged family.”

Posted at 08:11 by Howard Bashman

“Hussayen defense gets surprise help; Testimony of key witness is blow to prosecution”: This article appears today in The Idaho Statesman.

Posted at 08:07 by Howard Bashman

In Tuesday’s newspapers: In The New York Times, Linda Greenhouse has an article headlined “Where’s the Beef? Heading for the Supreme Court.” In other news, “Bomb Case Against Oregon Lawyer Is Rejected.” An article reports that “Georgia Upholds Former Militant’s Conviction.” In business news, “Suit Seeks Return of $100 Million Given to Grasso“; “Spitzer’s Claims Aren’t as Clear Cut as They May Seem“; and “Ernst & Young Says It Faces Criminal Inquiry on Shelters.” In impeachment-related news, “Nader Calls for Impeachment of Bush Over the War in Iraq” and “Requests for Favors Are Detailed in Rowland Investigation Documents.” An article reports that “Moore Film Is Held Up by Questions About Rights.” In sports, “Lawyers Admit There’s Evidence Against Jones.” An article reports that “9/11 Panel Chooses Publisher for Report.” And in local news, “Grisly Crimes Described by Prosecutors as Mob Trial Opens.”

The Washington Post reports that “Court Rules in Ala. Inmate’s Favor; Man Can Challenge Use of Surgical Technique in Execution.” In other news, “Lawyer Is Cleared Of Ties to Bombings; FBI Apologizes for Fingerprint Error.” In sports, “Judges Rule Against Clarett; NFL ‘Not at All Surprised’ by the Court of Appeals’ Decision.” An article reports that “Interest Grows in Resurrecting Administrative Conference.” In other news, “Nichols Shares Blame, State Says; Jury Hears Closing Argument in Okla. City Bombing Trial.” In business news, “Tobacco Racketeering Trial to Proceed; Judge Says Government Can Seek $280 Billion From Companies” and “Former NYSE Chief Grasso Sued Over Pay.” An article is headlined “Debating Pros, Cons Of Fingerprinting.” And in other news, “The Women’s Marriage March; Majority of Same-Sex Couples Who Took Vows Are Female.”

The Christian Science Monitor reports that “Congress tries to ‘can spam’ – again; A five-month-old law hasn’t stemmed the tide of unwanted e-mail ads; Some lawmakers call for better enforcement.”

And The Wall Street Journal contains an op-ed entitled “Spitzer’s Political Agenda: My vindication will come in a courtroom” by Richard A. Grasso.

Posted at 07:00 by Howard Bashman

Elsewhere in Monday’s newspapers: The Boston Globe reports that “Romney is booed at Suffolk commencement; Governor’s opposition to gay marriage spurs criticism and protest.” And in other news, “FBI seen querying on Finneran; Two lawmakers reported quizzed.”

The Los Angeles Times reports that “Judge Takes Leave From Bench to Join Senate Race; Libertarian Jim Gray is challenging Barbara Boxer in a longshot campaign; He believes changes are made by example.” An editorial is entitled “State Profit in Punishment.” Columnist George Skelton has a related essay entitled “Proposal to Tap Punitive Damage Awards Has Many Agendas.” And letters to the editor appear under the headings “Can Same-Sex Marriage Harm the Institution?” and “Prison Makes Less Sense for the Young and Old.”

USA Today reports that “Death of girl part of Indian prisons inquiry.”

Finally for now, in The Washington Times, Mona Charen has an op-ed entitled “When children are involved.”

Posted at 23:25 by Howard Bashman

Available online from law.com: In news from California, an article is headlined “Cultural Revolution: With many gay lawyers on staff, the high court’s hearing on same-sex marriage will hit close to home.” From Texas, an article is headlined “The Price of Life: If habeas proceedings are over, who pays to uphold ‘Atkins’?” Jonathan Ringel reports that “Georgia Justices Uphold Al-Amin Murder Verdict.” And Shannon P. Duffy and Melissa Nann report that “Fen-Phen Plaintiffs Dealt Blow in Pa., Federal Court.”

Posted at 23:09 by Howard Bashman

“Senate Deal on Judges Shortchanges Michigan Nominees; Broken Senate confirmation process denies residents representation on federal courts”: This editorial appears today in The Detroit News.

Posted at 23:00 by Howard Bashman

“Appeals Court Denies Clarett’s N.F.L. Bid”: This article will appear Tuesday in The New York Times. And The Associated Press reports that “Clarett Thrown for Another Loss in Court.” I first mentioned this news and linked to the ruling earlier today in a post you can access here.

Posted at 22:53 by Howard Bashman

“Justices Step Into Interstate Wine Rift”: Linda Greenhouse will have this article in Tuesday’s issue of The New York Times. Tuesday’s edition of The Washington Post will contain an article headlined “Court to Review Wine Sales Ban; Va. Vintners Want Direct Sales.” David G. Savage of The Los Angeles Times has a news update headlined “Court to Rule on Wine Imports, Ad Campaigns.” Tuesday’s issue of Financial Times reports that “US beef marketing case to test free speech rights.” And law.com‘s Tony Mauro has an article headlined “Wine and Beef Cases on High Court Menu.”

Posted at 22:42 by Howard Bashman

“Court strengthens the hand of police in searching cars; In a rebuke to privacy rights, justices rule a warrant isn’t always needed to enter vehicle”: Warren Richey will have this article in Tuesday’s issue of The Christian Science Monitor.

Posted at 21:11 by Howard Bashman

U.S. Court of Appeals for the Fourth Circuit fails to grant rehearing en banc to reconsider whether there is a “ministerial exemption” to the Fair Labor Standards Act: The vote against granting rehearing en banc was 9-4. On Friday, April 2, 2004, I wrote the following post about the three-judge panel’s ruling:

Church vs. State: Is there a “ministerial exemption” to the Fair Labor Standards Act? Today a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit, following a binding earlier decision of that court, answered the question in the affirmative. The opinion can be accessed here. Circuit Judge J. Michael Luttig dissented, encouraging the plaintiff to seek rehearing en banc and, if necessary, U.S. Supreme Court review.

Time will tell whether Supreme Court review is sought and, if so, granted. Today’s order denying rehearing en banc over Judge Luttig’s published dissent can be accessed at this link.

Posted at 16:57 by Howard Bashman

More Yoo for you: One of the primary authors of the Boalt students’ petition regarding Law Professor John Yoo has written this response to the editorial published today in The Daily Californian. The petition itself can be viewed at this link.

Posted at 15:48 by Howard Bashman

BREAKING NEWS — U.S. Court of Appeals for the Second Circuit rules against Maurice Clarett on the merits of his antitrust challenge against the National Football League: Today’s opinion begins:

Defendant-appellant National Football League (“NFL” or “the League”) appeals from a judgment of the United States District Court for the Southern District of New York (Scheindlin, J.) ordering plaintiff-appellee Maurice Clarett (“Clarett”) eligible to enter this year’s NFL draft on the ground that the NFL’s eligibility rules requiring Clarett to wait at least three full football seasons after his high school graduation before entering the draft violate antitrust laws. In reaching its conclusion, the district court held, inter alia, that the eligibility rules are not immune from antitrust scrutiny under the non-statutory labor exemption. We disagree and reverse.

You can access the complete ruling at this link.

Posted at 15:42 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Bomb Case Against U.S. Lawyer Dismissed” (plus, more information is available here via the web site of the U.S. District Court for the District of Oregon); “Lawyers Seek to Drop England Confession“; “Commandments Case Dominates Ala. Primary“; and “High Court Eyes Mayor in Gay Marriage Case.”

Posted at 15:26 by Howard Bashman

“O’Connor urges Centre grads to be visionaries”: This article appears today in The Advocate Messenger of Danville, Kentucky. Additional coverage of Sandra Day O’Connor’s graduation speech yesterday can be found here and here.

Posted at 14:57 by Howard Bashman

Deal to confirm twenty-five non-controversial federal judicial nominees pleases editorial writers: The Chicago Tribune on Saturday contained an editorial entitled “Polluting the consent process.” The Pittsburgh Post-Gazette yesterday contained an editorial entitled “Judicial truce: Citizens win with this court vacancies agreement.” And The Palm Beach Post today contains an editorial entitled “Political docket cleared.”

Posted at 14:45 by Howard Bashman

The Associated Press is reporting: Anne Gearan has an article headlined “High Court: Police May Search Parked Cars.” And in other news, “Supreme Court Hands Loss to Convicted Spy“; “Nichols Prosecutors May Seek Death Penalty“; and “Dozing Army Sergeant to Get Sleep Study.”

Posted at 13:57 by Howard Bashman

U.S. Court of Appeals for the Seventh Circuit concludes that federal district court properly refused to enjoin plaintiff’s prosecution under Indiana’s flag-desecration statute: You can access at this link the opinion that Circuit Judge Richard A. Posner issued on behalf of a unanimous three-judge panel.

Posted at 13:30 by Howard Bashman

“The next logical progression of the gay-marriage debate”: Gregg Easterbrook has this essay online today at The New Republic.

Posted at 13:24 by Howard Bashman

“Inmate Web sites have the look of innocence; Pages claim injustice, ask for money”: This article appears today in The Houston Chronicle.

Posted at 13:17 by Howard Bashman

“Judge: Government Can Seek Tobacco Profits.” The Associated Press reports here that “A federal judge ruled Monday that the government can seek billions in tobacco industry profits as part of a civil racketeering suit against cigarette manufacturers.” And Reuters reports that “Judge Hands Tobacco a Setback, Stocks Off.” As of this moment, the opinion is not yet available via the Web site of the U.S. District Court for the District of Columbia.

Posted at 11:59 by Howard Bashman

“Request for Law Professor’s Resignation Inappropriate”: The Daily Californian today contains an editorial that begins, “Law students called for a faculty member’s resignation at the Boalt Hall commencement Saturday, a move that infringes on academic freedom. They criticized his role in creating the current administration’s policy exempting al-Qaeda detainees from the human rights protections established in the Geneva Convention. But in demanding his resignation, these students are treading on the academic freedom and free speech UC Berkeley students and faculty strive to uphold. Professor John Choon Yoo’s interpretation of the Geneva Convention, which established international rules for the protection of prisoners of war, may be unpopular in Berkeley but the Boalt Hall students’ demands are ludicrous.”

Posted at 11:52 by Howard Bashman

Today’s U.S. Supreme Court opinions and Order List: The Supreme Court of the United States today issued two opinions in argued cases.

1. Justice Sandra Day O’Connor issued the opinion for a unanimous Court in Nelson v. Campbell, No. 03-6821, and the judgment under review was reversed and the case remanded. You can access the oral argument transcript here.

2. The Chief Justice issued the opinion of the Court (except as to footnote 4) in Thornton v. United States, No. 03-5165, and the judgment under review was affirmed. You can access the oral argument transcript here.

The Court’s Order List can be accessed at this link. The Court granted review today in what would best be viewed as three separate matters. One presents the question “Does a State’s regulatory scheme that permits in-state wineries directly to ship alcohol to consumers but restricts the ability of out-of-state wineries to do so violate the dormant Commerce Clause in light of Sec. 2 of the 21st Amendment?” Another presents the question “Whether the Beef Promotion and Research Act of 1985 and the implementing Beef Promotion and Research Order violate the First Amendment insofar as they require cattle producers to pay assessments to fund generic advertising with which they disagree.”

In press coverage of this morning’s developments at the Court, Gina Holland of The Associated Press reports that “Court Sides With Ala. Death Row Inmate” and “Supreme Court to Hear Beef Promotion Case.” The AP’s Anne Gearan reports that “Supreme Court to Hear Wine Import Cases.” And Reuters offers articles headlined “Supreme Court: Inmate Can Challenge Execution Procedure” and “Supreme Court to Hear Beef Marketing Case.”

Posted at 10:00 by Howard Bashman

Available online from National Public Radio: Today’s broadcast of “Morning Edition” contained segments entitled “Studies: No Difference in Children of Gay Parents“; “Florida Voters Purge Stirs Debate“; “Trucks Push Graphic Anti-Abortion Message“; and “Getting to the Bottom of Perchlorate.”

Sunday’s broadcast of “All Things Considered” contained a segment entitled “Group: Cigarettes Should Trigger ‘R’ Rating.”

Saturday’s broadcast of “All Things Considered” contained segments entitled “Elite Universities Eye Economic Affirmative Action” and “Mudslinging on the Internet.”

And “Weekend Edition – Saturday” contained a segment entitled “Scott Simon Essay: Gay Marriage.”

Posted at 09:48 by Howard Bashman

On the agenda: At 10 a.m. today, the Supreme Court of the United States is scheduled to issue one or more opinions in argued cases and an Order List. Stay tuned for details.

After today, the Supreme Court truly enters the home stretch. The Court’s next opinion issuance date isn’t until June 2004, and the Court is scheduled to issue opinions in all argued cases by the end of next month.

Posted at 08:54 by Howard Bashman

A preview of two cases in which the Supreme Court of California is to hear oral argument this week: In today’s issue of The San Jose Mercury News, Howard Mintz has articles headlined “State high court set to hear challenge to same-sex marriage; Narrow issue in S.F. case could take on broader meaning” and “Authorities look to high court in case of teen’s ‘dark poetry’; Arguments seen as chance for guides on free speech vs. threats.”

Posted at 07:00 by Howard Bashman

“Talk of policies and problems: ‘Power to do everything'”: “How Appealing” reader and Fort Worth Star-Telegram columnist Linda Campbell had this essay in that newspaper last Thursday.

Posted at 06:57 by Howard Bashman

“After close call in GOP primary, Specter girds for another fight; He says Iraq will be a factor in his race with Rep. Joseph M. Hoeffel, who is focusing on job losses and the war”: The Philadelphia Inquirer today contains this article.

Posted at 06:50 by Howard Bashman

“Judicial nomination in doubt amid abuse scandal; Pentagon lawyer at center of debate on interrogation”: Yesterday’s edition of The Chicago Tribune contained this article.

Posted at 06:46 by Howard Bashman

“Government insecurity: When a B-29 crashed in 1948, the Air Force fought to hide the details; Now, the families of those killed want to reopen the case that became precedent for official secrecy.” This article appeared yesterday in The Philadelphia Inquirer.

Posted at 06:45 by Howard Bashman

The Roy Moore tour arrives in Alaska: The Anchorage Daily News reports today that “Fired judge still fan of Moses’ law; Despite ruling, Moore still backs Christianity in court, he tells Baptist congregation.” Meanwhile, back in Alabama, The Mobile Register today reports that “Lyons explains why he opposed Moore on monument.” A similar article appeared yesterday in The Birmingham News.

Posted at 06:40 by Howard Bashman

“O’Connor addresses Centre graduates; Justice cites impact on court by alumni Harlan and Vinson”: This article appears today in The Louisville Courier-Journal. And The Lexington Herald-Leader today contains an article headlined “Build bridges, justice tells grads; O’Connor encourages public service.”

Posted at 06:35 by Howard Bashman

“Reporter’s notebook: Now for the other side in the trial….” Patrick Orr, who has been covering the federal terrorism trial against Sami Al-Hussayen for The Idaho Statesman, today has this article in that newspaper.

Posted at 06:32 by Howard Bashman

In Monday’s newspapers: The New York Times reports that “Afghan Deaths Linked to Unit at Iraq Prison.” In other news, “U.S. Nearing Deal on Way to Track Foreign Visitors.” An article is headlined “Reassurance for Florida Voters Made Wary by Chaos of 2000.” In regional news, “Rowland Files Reveal a Bevy of Gifts and Some Blurry Rules.” An editorial is entitled “Whiplash.” And letters to the editor appear under the heading “American Prisons: Other Views.”

The Washington Post reports that “U.S. Attorney For D.C. Could Be Named Soon; Interim Appointee Possible.” And columnist William Raspberry has an op-ed entitled “Revisiting Redistricting.”

The Christian Science Monitor reports that “Romney rides volatile issue onto US stage; A GOP governor threatens to block some gay-marriage licenses in Massachusetts.”

And online at OpinionJournal, John Fund has an essay entitled “Don’t Touch That Dial? Radio hosts worry about the FCC’s indecency regulations. What about political speech?“

Posted at 06:15 by Howard Bashman

In the May 31, 2004 issue of The New Yorker: Adam Haslett has an essay entitled “Love Supreme: Gay nuptials and the making of modern marriage.” And William Finnegan has an article entitled “The Candidate: How the son of a Kenyan economist became an Illinois Everyman.”

Posted at 06:10 by Howard Bashman

Noteworthy commentary in Sunday’s major newspapers: Arnold Beichman has an op-ed entitled “Override the Supreme Court?” in The Washington Times.

In The Boston Globe, Jeff Jacoby has an op-ed entitled “Overblown fears about the Patriot Act.” And Thomas Oliphant has an op-ed entitled “Bush and Kerry both lag on civil rights for gays.”

In The Los Angeles Times, retired senior CIA officer Milt Bearden has an op-ed entitled “Torture: As Futile as It Is Brutal.” And a letter to the editor appears under the heading “Death Penalty.”

Posted at 23:33 by Howard Bashman

The AP previews two cases to be argued tomorrow before the Supreme Court of Louisiana: The reports are headlined “Louisiana high court to tackle $1.3 billion oyster lease suit” and “High court to consider if club can keep women out of men’s-only grill.”

Posted at 23:09 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Closing Arguments Set for Nichols’ Trial” and “Prison Scrutiny May Spread to Guantanamo.”

Posted at 23:01 by Howard Bashman

“O’Connor urges graduates to consider public service”: The Associated Press provides this report. Earlier, today’s edition of The Advocate Messenger previewed the graduation speech that Justice Sandra Day O’Connor delivered in Danville, Kentucky in an article headlined “Supreme Court justice speaking at Centre.”

Posted at 21:00 by Howard Bashman

“Church-state issue hovers over judge”: Today in The San Antonio Express-News, columnist Bruce Davidson today has an essay that begins, “Texas Supreme Court Justice Scott Brister never intended to be known as a Ten Commandments judge. But questions about the separation of church and state are hovering over him as he navigates his first statewide campaign amid examinations of his decision to post the Ten Commandments in his courtroom when he was a district judge a few years ago.”

Posted at 20:56 by Howard Bashman

“Judgment on Picking Judges”: Monday’s issue of The Christian Science Monitor will contain an editorial that begins, “Last week, Senate Democrats and Republicans resolved a two-month delay in voting on the dozens of presidential nominees for the federal bench.”

Posted at 20:55 by Howard Bashman

“Bullock described as thoughtful; School finance judge stresses mediation”: The Topeka Capital-Journal today contains an article that begins, “The last thing Shawnee County District Judge Terry Bullock wanted to do was issue an order closing Kansas schools.”

Posted at 15:52 by Howard Bashman

“Graner’s lawyer plans to blame U.S. policies”: The Pittsburgh Post-Gazette contains this article today.

Posted at 15:51 by Howard Bashman

“Asbestos’s Sword Has Many Victims”: This article appears today in The Hartford Courant.

Posted at 15:50 by Howard Bashman

“Hillary Goodridge, Julie Goodridge”: A wedding announcement published today in The New York Times begins, “Hillary Smith Goodridge and Julie Wendrich Goodridge, the lead plaintiffs in the case that led the Massachusetts Supreme Judicial Court to extend marital rights to same-sex couples in that state, were themselves married on Monday in Boston.”

Posted at 15:42 by Howard Bashman

“Free Speech Crux of Terrorism Case; Sami Omar Al-Hussayen’s lawyers say he was trying to foster dialogue on his fatwa-filled websites”: This article appears today in The Los Angeles Times.

Posted at 15:33 by Howard Bashman

“Supreme Court tackles same-sex marriage; A cautious chief justice guides California’s high court”: In today’s edition of The San Francisco Chronicle, Bob Egelko has an article that begins, “When the California Supreme Court looks at the legality of same-sex marriages in San Francisco on Tuesday, it will be led by its most politically adroit chief justice in decades.” Egelko today also has a related article headlined “Same-sex case rests on obscure statute; Legality of mayor’s move depends on reading of 1978 law.”

Posted at 15:25 by Howard Bashman

Moore coverage from today’s issue of The Birmingham News: Today’s newspaper contains articles headlined “Justice explains stand on Moore, monument” and “Candidates piggyback on Moore issue.”

Posted at 15:13 by Howard Bashman

“Scalia Praises Italian Troops in Iraq”: The Associated Press provides this report.

Posted at 13:01 by Howard Bashman

“Lapel pin adds to debate on religion”: This article appears today in The Birmingham News.

Posted at 13:00 by Howard Bashman

Elsewhere in Saturday’s newspapers: The Washington Post reports that “Oregon Lawyer’s Status Remains Murky; Mayfield Is Still a ‘Witness’ Despite Release, Court Says.” In other news from the war on terror, “Contractor Investigated By Justice; Criminal Inquiry Targets Civilian” and “Iraq War Veteran Found Guilty of Desertion; Sergeant Who Had Called Conflict ‘Oil-Driven’ Is Sentenced to Year in Prison.” An article reports that “Reporters Subpoenaed in CIA Leak.” In other news, “A Lawmaker Who Won’t Forever Hold His Peace; Gay Marriage Opponent Draws The Line in His Massachusetts Town.” An article reports that “Monsanto Beats Farmer in Patent Fight; Canadian Court Upholds Claim to Gene-Altered Seed.” In regional news, “Bar, Restaurant Smoking Ban Set Back in D.C.; Judge Tells Election Board To Reject Ballot Measure.” An editorial is entitled “Arresting Witnesses.” And letters to the editor appear under the heading “Brown v. Board of Education: After the Decision.”

The Washington Times reports that “Maryland, Virginia reject gay unions in other states.” And in other news, “Warner signs bills on feticide.”

The Boston Globe reports that “Lesbian spouse files malpractice lawsuit; Worcester case is seen as a first.” In somewhat related news, “AG asks end of out-of-state marriage licenses.” An article reports that “MBTA set to begin passenger ID stops; Effort part of national rail security program.” And in other news, “Officials reviewing rules on protests; Application process facing challenge.”

The Los Angeles Times reports that “Critics Galvanized by Oregon Lawyer’s Case; His arrest and release in the Madrid bombings show that the U.S. ignores civil liberties in pursuit of terrorists, some legal experts say.” In business news, “Witness Lied in Martha Stewart Trial, U.S. Charges” and “Tobacco Verdict to Help Users Kick Habit; A Louisiana jury orders cigarette makers to spend $591 million on cessation programs.” An article reports that “Massachusetts Governor Wants 1913 Law Invoked; Challenging same-sex marriages, Romney gives attorney general nonresidents’ records.” In regional news, “Investigator Won’t Testify; Police detective in gang-rape case vows she will plead the Fifth if called in the trial; She is unavailable to either side, judge decides.” Franklin D. Gilliam Jr. has an op-ed entitled “Pride and Shame at the School of a Black Hero.” And letters to the editor appear under the headings “Chief Justice Rehnquist vs. the Cause of Equality” and “Gender in Prison Scandal.”

Posted at 23:32 by Howard Bashman

In news from Utah: The Deseret Morning News today contains an article headlined “Hatch: Ban gay unions; Utahn tells Senate an amendment is needed — and soon.”

And The Salt Lake Tribune today contains articles headlined “ACLU appeals Plaza case again to 10th Circuit Court” and “Janet’s exposure prompts lawsuit.”

Posted at 23:25 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Divorce a Benefit of Gay Marriage“; “Gay Marriage a Quandary for Romney“; and “Moore could steer primary; Ousted chief justice supporters watching candidates.”

Posted at 23:23 by Howard Bashman

In news from Virginia: The Richmond Times-Dispatch reports today that “‘Fetal homicide’ to be law; Warner signs twin bills, says they don’t curb abortion rights.” And The Associated Press provides an article addressing the question “What does Virginia’s new anti-gay law actually do?“

Posted at 23:21 by Howard Bashman

“Courts block moves to put gay marriage ban on August ballot”: The St. Louis Post-Dispatch today contains an article that begins, “A circuit court judge and the Missouri Supreme Court delivered a one-two punch Friday to efforts by Gov. Bob Holden and fellow Democrats to place a proposed gay marriage ban on the August ballot.”

Posted at 23:04 by Howard Bashman

“State high court drops ethics case against attorney”: The Palm Beach Post today contains an article that begins, “The state Supreme Court dismissed a Florida Bar ethics complaint against celebrity lawyer David Boies this week after a lower court said he — or any other lawyer — can spend as much money and time as he wants on a client without getting paid and still not violate ethics rules.”

Posted at 23:01 by Howard Bashman

In news from California: The North County Times reports today that “Top judge stumps for accessible judiciary.” And in related coverage, The San Diego Union-Tribune reports today that “State chief justice urges stable funding for courts; Special programs called in danger.”

Posted at 22:58 by Howard Bashman

“Narrow win for disabled: In upholding a provision of the Americans With Disabilities Act, the U.S. Supreme Court did the right thing; However, the ruling didn’t go far enough.” This editorial appears today in The St. Petersburg Times.

Posted at 22:56 by Howard Bashman

“Minority judge joins federal bench; Sonja F. Bivins makes history with appointment in Southern District of Alabama”: This article appears today in The Mobile Register.

Posted at 22:30 by Howard Bashman

Illinois judges have not yet completed exacting their pound of flesh: The Chicago Sun-Times today reports that “Judges seek interest on back pay and lawyers want their cut.”

Posted at 21:18 by Howard Bashman

How does Florida plan to commemorate the 25th anniversary of the first execution it conducted after the U.S. Supreme Court again allowed the death penalty? By conducting another execution, of course. The AP provides this report.

Posted at 21:13 by Howard Bashman

“Berkeley Law Students Denounce Professor”: The Associated Press provides this report. Relatedly, Joe Conason today has an essay entitled “From John Ashcroft’s Justice Department to Abu Ghraib: The men behind the administration’s decision to ignore and undermine the Geneva Conventions in Iraq” online at Salon.com.

Posted at 20:53 by Howard Bashman

“Did counsel’s memo open way to abuse? Gonzales: Adviser argued for exempting Taliban and al-Qaida from Geneva Conventions in interrogations.” The Baltimore Sun today contains an article that begins, “As the top lawyer in the White House, Alberto R. Gonzales has built the foundation for the Bush administration’s most sensitive legal maneuvers, including the creation of military tribunals for terror suspects and the assertion of executive privilege to keep private an array of presidential documents. The low-key Gonzales, a longtime Bush loyalist who is often mentioned as a potential U.S. Supreme Court nominee, rarely breaks the public surface in his work. But he now faces high-profile questions about whether his legal advice in the aftermath of Sept. 11 opened the door for the mistreatment of Iraqi prisoners by U.S. soldiers.”

Posted at 20:34 by Howard Bashman

“Court to rule on ram’s backside butt”: An article bearing this headline reports that “The matter is being heard by Justice Thomas in the Supreme Court.” The original article appears in The Sunday Territorian.

Posted at 20:19 by Howard Bashman

“Supreme Court is on a foreign bent: Why would good ol’ American justices look abroad for guidance on their decisions?” This essay by Mark Curriden will appear in tomorrow’s edition of The Dallas Morning News.

Posted at 20:14 by Howard Bashman

“2 Journalists Subpoenaed Over Source of Disclosure”: Adam Liptak and Peter T. Kilborn will have this article in Sunday’s issue of The New York Times.

Posted at 20:11 by Howard Bashman

In Sunday’s edition of The New York Times: Tomorrow’s newspaper will contain an article headlined “U.S. Disputed Protected Status of Iraq Inmates.” And tomorrow’s edition of The New York Times Magazine contains a cover story by Susan Sontag variously titled “The Photographs Are Us” and “Regarding the Torture of Others.”

Posted at 17:35 by Howard Bashman

“Empire Without Law”: Jonathan Schell has this essay in the May 31, 2004 issue of The Nation. Schell’s essay begins, “On April 28 the subject of torture was discussed in oral arguments before the Supreme Court.”

Posted at 17:32 by Howard Bashman

“Empire Without Law”: Jonathan Schell has this essay in the May 31, 2004 issue of The Nation. Schell’s essay begins, “On April 28 the subject of torture was discussed in oral arguments before the Supreme Court.”

Posted at 17:32 by Howard Bashman

“Newlywed gays’ suit could make law history”: The Boston Herald today contains an article that begins, “The arrival of legal gay marriage in Massachusetts cleared the way for a milestone medical negligence lawsuit filed yesterday in Worcester Superior Court. Michelle Charron and Cynthia Kalish, who married Thursday and have a 6-year-old daughter, sued Worcester’s Fallon Clinic and two of its doctors, claiming they misdiagnosed Charron’s now-incurable breast cancer. The legalization of gay marriage allows Kalish to sue for loss of companionship, grounds not allowed to gay couples before Monday’s historic change.”

Posted at 15:40 by Howard Bashman

In today’s issue of The New York Times: An article reports that “Stewart Stock Case Is Jolted by Charge That an Agent Lied.” Adam Liptak reports that “Change of Venue for Trial on Abuse in Iraq Is Rejected.” In related news, “Dogs and Other Harsh Tactics Linked to Military Intelligence“; “U.S. Preparing for Influx of Compensation Claims by Abused Iraqis“; and “Soldier Who Refused to Return Is Found Guilty of Desertion.” An article reports that “Arrest and Release in Bombing Center on Fingerprint Match.” In other news, “Halt Ordered to Marriages for Some Same-Sex Couples.” In news from Canada, “Monsanto Wins Patent Case on Plant Genes.” An article addresses the question “Are Saudis Using British Libel Law to Deter Critics?” In regional news, “Williams to Face New Trial on Manslaughter Charge” and “Slain Diamond Merchant Had Faced Trial.” An editorial is entitled “Weakening the Rules for Judges.” Law Professor Ian Haney Lopez has an op-ed entitled “Hernandez v. Brown.” And a letter to the editor appears under the heading “Treatment of Prisoners.”

Posted at 10:01 by Howard Bashman

“No child support owed by lesbian”: Bob Egelko had this article yesterday in The San Francisco Chronicle. On Thursday, the California Court of Appeal for the Third Appellate District issued an opinion that begins:

This case poses the question whether a person in a same-sex relationship, who encourages her partner to give birth to a child via artificial insemination and who then holds out the child as her own, can be required to pay child support after she and her partner split up.

You can access the complete opinion at this link.

Posted at 09:57 by Howard Bashman

“Kerry hit for abortion-rights comment; Republicans jump on his statement about naming judges”: Bob Egelko has this article today in The San Francisco Chronicle. And yesterday’s broadcast of The Rush Limbaugh Show contained a segment entitled “Kerry Flips On Abortion, Cites Vote for ‘John Scalia.’“

Posted at 09:53 by Howard Bashman

“Jury tells tobacco firms to pay up; Ruling sets landmark as first of its kind”: This article appears today in The Times-Picayune of New Orleans.

Posted at 09:45 by Howard Bashman

Elsewhere in Friday’s newspapers: The Washington Times reports that “Gays barred from sperm banks.” In other news, “Pro-life lobby touts fetal-pain bill.” An article reports that “More teen girls having sex, study shows.” In other news, “Finance reform termed failure.” An article reports that “CIA seeks Justice probe of three deaths.” And in other news, “Officials defend new antispam law.”

USA Today reports that “Memo warned of prison tactics.” An article reports that “Spying suspect says evidence in case tainted; Airman also claims military covered up misconduct.” A front page article reports that “Feds probe tribal prison deaths; Tape shows flaws of Indian facilities.” In related news, “Former BIA official urged prison fixes; $6M tapped for emergency repairs.” And an article reports that “Bush to launch new anti-Kerry ad blitz; Criticizes position on USA Patriot Act.”

The Boston Globe reports that “Romney turns to AG for halt to licensing; Targets marriage by gay outsiders.” In related coverage, “History suggests race was the basis” and “Couples counted the days and wed.” An article reports that “Murder victim’s family sues FBI over disconnected call; Says clerk’s error led to rampage by Gary Sampson.” In other regional news, “Council proposes diversity policy; Plan recommits state to affirmative action” and “Conviction tossed, prisoner is freed; Was incarcerated for 30 years; prosecutors to weigh retrial.” And columnist Derrick Z. Jackson has an op-ed entitled “Rhetoric for kids, money for war.”

The Los Angeles Times reports that “U.S. Frees Oregon Lawyer Held in Madrid Bombings; Spanish police say a fingerprint that seemed to link him to the case belongs to an Algerian.” An article reports that “Officials Say Rumsfeld OKd Harsh Interrogation Methods; Account by those at the Pentagon acknowledges that the secretary personally approved a tough policy for Guantanamo detainees.” In other news, “This Test Taker Raised the Bar for Perseverance; He got his law degree in 1966, but it took Maxcy Filer 25 years to pass the bar exam; He is an inspiration to a young woman awaiting results.” An article reports that “Dunn pleads not guilty; Claremont McKenna professor charged with insurance fraud and filing false police report enters plea.” In other regional news, an article is headlined “Rape Trial Focus: Consciousness; Details from the young woman allegedly assaulted in 2002 by three teens in the home of an O.C. sheriff’s official are challenged.” Columnist Dana Parsons has a related essay entitled “Does the Sex Video Show All We Need to Know?” And letters to the editor appear under the headings “Conservative Justices on Rights of Disabled” and “Same-Sex Rite Not a Civil Right.”

Posted at 23:55 by Howard Bashman

On this evening’s broadcast of “All Things Considered“: The broadcast contained segments entitled “Key Witness in Stewart Trial Charged with Perjury“; “U.S. Military Whistleblowers Face Retribution“; and “Big Tobacco Ordered to Help Smokers Quit” (Real Player required).

Posted at 23:52 by Howard Bashman

Available online from law.com: Shannon P. Duffy has an article headlined “3rd Circuit: Name Tag on Bag Doesn’t Promise Privacy.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

In other news, “2nd Circuit Finds Broad ‘Fugitive’ Definition for Civil Forfeiture.” I first noted this ruling in a post you can access here.

Finally, two additional worthwhile articles are headlined “Lawyers Fill Candidates’ Coffers” and “Resumes Are for Dummies.”

Posted at 23:44 by Howard Bashman

An example of emails that people send in the hope that I might give a damn: A law professor emails tonight:

I have loved reading your blog for some time, but am I wrong in thinking that its character has been slowly changing in the past months? The number of references to newspaper articles about decisions and judicial politics seems more and more to overwhelm the reportage of actual appellate decisions, the part of your effort that is most useful (and entertaining!). Sometimes less is more–and in wading through all the press references it gets harder and harder to find quickly the judicial opinions. Indeed, I can’t quantify this, but it even seems to me that the absolute number of decisions that you report on directly has declined.

None of this will deter me from continuing to enjoy your site–and it may all be demonstrably wrong–but I thought I’d share this impression after looking at the last week or so of your site.

This email is reprinted for the enjoyment of those readers who are disappointed that I haven’t been reprinting reader emails frequently enough in the recent past.

And to those readers who have asked about, and sent good wishes along for, my wife, who remains home recovering from her major surgery one week ago today, many thanks for your kind thoughts. Although she still has weeks to go before she will be fully recovered, each day she is improving.

Posted at 23:32 by Howard Bashman

The Birmingham News is reporting: Today’s newspaper contains articles headlined “Pin’s designer denies political intent; Says Ten Commandments piece worn by fired chamber exec ‘a statement of faith’“; “Brown ad criticized for touting role in commandments issue“; and “Candidates asked to spurn trial lawyer gifts.”

Posted at 23:20 by Howard Bashman

“Good news in judicial wars”: Yesterday’s issue of The Milwaukee Journal Sentinel contained this editorial.

Once the U.S. Senate confirms Diane S. Sykes to serve on the U.S. Court of Appeals for the Seventh Circuit, she will join the ranks of judges who serve as a colleague on the same court as the judge for whom they once served as a law clerk. She will also be battling her colleagues Richard A. Posner and Frank H. Easterbrook for the distinction of being the hottest looking judge currently serving on the Seventh Circuit.

Posted at 23:11 by Howard Bashman

“Time limit springs deportation rule on widow; A judge’s ruling gives a temporary respite to a 26-year-old woman whose husband died before their second anniversary”: This article appears today in The Oregonian.

Posted at 23:09 by Howard Bashman

“Kline critical of judge”: The Topeka Capital-Journal today contains an article that begins, “Shawnee County District Judge Terry Bullock was ‘flat-out wrong’ last week in issuing an order that would have shut down the state’s public schools, Attorney General Phill Kline said Thursday.”

Posted at 23:06 by Howard Bashman

In news from Oregon: The Oregonian reports today that “Initiative to ban gay marriage on its way; A proposal to change the Oregon Constitution is out of the courts, and signature gathering to get it on the ballot could begin today.” And The Salem Statesman Journal reports that “State constitutional battle may start today; Sponsors of a gay-union ban need 100,000 signatures.”

Posted at 23:03 by Howard Bashman

“Death row inmate retarded, psychologist says”: The Associated Press provides this report from Texas.

Posted at 23:00 by Howard Bashman

News concerning the appeal that may determine whether Seattle remains a two-newspaper city: The Seattle Times reports today that “Times asks high court to reject review in battle with P-I.” And The Seattle Post-Intelligencer reports today that “Times says JOA puts its future at risk; Affirmation of lower court ruling sought.”

Posted at 22:57 by Howard Bashman

Illinois Supreme Court rules that Illinois state court judges must be shown the money: In major news coverage of the decision that I linked to here yesterday, The Chicago Tribune reports that “Judges stir up budget brouhaha; Pay hikes ordered just as state union pact up for renewal.” The Chicago Sun-Times reports that “High court overrules governor.” And The St. Louis Post-Dispatch reports that “Court rules state must give judges their raises.”

Posted at 22:45 by Howard Bashman

“Civil rights lawsuit revived; Court says city denied a man due process by razing his building without a hearing”: This article about a decision that the U.S. Court of Appeals for the Ninth Circuit issued on Wednesday appears in today’s edition of The Sacramento Bee.

Posted at 22:38 by Howard Bashman

For Big Tobacco, two days of bad news in North America: Reuters reports today that “Louisiana Jury Awards $591 Million in Smoking Case.” And The Associated Press reports that “Jury Rules Tobacco Cos. Should Pay $590M.”

Meanwhile, in news from Canada, today’s issue of The Toronto Globe and Mail contains an article headlined “Court upholds B.C.’s right to launch ‘big tobacco’ suit” that begins, “After a series of setbacks, British Columbia has won a major legal victory in its determined effort to recover billions of dollars in health-care costs from the world’s tobacco companies.” You can access yesterday’s ruling of the Court of Appeal for British Columbia at this link.

Posted at 16:47 by Howard Bashman

“A Nation of Vague Laws: Another small step on the long road to figuring out what the Americans with Disabilities Act means.” Reason yesterday published this essay by Brian Doherty.

Posted at 16:24 by Howard Bashman

“Perjury charged in Martha case; Stock in Martha Stewart Living jumps 20% as perjury charge announced against key government witness”: CNN/Money offers this report.

Posted at 14:54 by Howard Bashman

In news from South Carolina: The Charleston Post and Courier reports today that “Drug case stuns legal community; Grand jury indicts 3 lawyers on cocaine conspiracy charges.”

And The State reports here that “House and Senate negotiators reached a compromise Thursday that would end South Carolina’s ban on tattooing, giving up its place as one of only two states that outlaw the procedure.”

Posted at 14:46 by Howard Bashman

View online yesterday’s testimony of Justices Antonin Scalia and Stephen Breyer before the House Judiciary Committee‘s Subcommittee on Commercial and Administrative Law: Thanks to C-SPAN, you can view the testimony online by clicking here (Real Player required). A press release that previewed the hearing at which these Justices testified yesterday can be accessed at this link.

Posted at 13:44 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Soldier Found Guilty of Desertion in Iraq“; “Lawyers Opposed Questioning at Guantanamo“; and “Mass. Aims to Block Out-Of-State Nuptials.”

Posted at 13:38 by Howard Bashman

Law blogs mention law review article that cites law blogs: Denise Howell has the details here at her “Bag and Baggage” blog. Her blog is cited in footnote 228; several other law blogs are mentioned in footnote 213.

Posted at 13:15 by Howard Bashman

“UC’s help sought in repealing Prop. 209; Coalition hopes adoption of affirmative action will reverse ban”: The Daily Bruin today contains an article that begins, “A national coalition to defend affirmative action, known as By Any Means Necessary, is working to overturn Proposition 209 and bring affirmative action back to California. Proposition 209, which voters passed in 1996, banned affirmative action in the state. The coalition hopes to convince the University of California administration to begin using affirmative action in hope of bringing a lawsuit from a conservative group.”

Posted at 11:40 by Howard Bashman

Lawyer who barked like a dog may be unappreciated in New York, but Indiana would welcome his assistance: The Times of Munster, Indiana reports today that “This dog has its day – in court; Animal facing death is assigned lawyer to aid its defense.” And in other coverage, The Associated Press reports that “Ind. Judge Appoints Attorney for Canine.”

Posted at 11:30 by Howard Bashman

“Barking attorney gets bit by fine”: Newsday contains this article.

Posted at 10:13 by Howard Bashman

“Civil rights panel mired in internal fights”: An article published today in The Chicago Tribune begins, “While civil rights advocates spent this week celebrating the 50th anniversary of the ruling that integrated public schools, the federal commission charged with upholding civil rights collapsed in disarray, unable to even discuss its own longstanding dysfunction.”

Posted at 09:45 by Howard Bashman

“U.S. releases Mayfield”: The Oregonian today contains an article that begins, “Two weeks after federal agents took him into custody at his West Slope law office in connection with the deadly March 11 bombing in Madrid, Spain, Brandon Mayfield was released from jail but remains a material witness in the case.”

Posted at 09:40 by Howard Bashman

The Lemon song: The First Amendment Center on Wednesday published an interesting report entitled “Lemon plaintiff, out of limelight, still tracks church-state issues.”

Posted at 09:26 by Howard Bashman

“Judicial cease-fire: Welcome deal worked out between Bush and Senate will block worst nominees and permit confirmation of noncontroversial judges.” Newsday contains this editorial today. Radio talk show host Neal Boortz, in a column entitled “Bush caves to Democrats….again” published today at Townhall.com, offers quite a different view.

Posted at 09:22 by Howard Bashman

“Sierra Club challenges Pryor’s judgeship”: This article appears today in The Birmingham News.

Posted at 09:20 by Howard Bashman

Available online from National Public Radio: Today’s broadcast of “Morning Edition” featured segments entitled “Experts: U.S. Tactics in Iraq in Torture ‘Gray Zone’” (featuring Nina Totenberg) and “Ore. Politician Brought Down by Sex Abuse Scandal.”

And yesterday evening’s broadcast of “All Things Considered” contained a segment entitled “Romney Seeks to Block Out-of-State Gay Marriages.”

Posted at 09:09 by Howard Bashman

“Ruling on testimony in terror case due Monday; Testimony from two would help prosecutors”: This article appears today in The Idaho Statesman.

Posted at 08:07 by Howard Bashman

“Senate Confirms Two More Bush Judges”: The Associated Press reports here that “The Senate on Thursday confirmed two of President Bush’s federal appeals court nominees, the first appeals court judges to be put on the bench under the deal struck between the White House and Senate Democrats. Franklin Van Antwerpen was confirmed on a 96-0 vote for the 3rd U.S. Circuit Court of Appeals, while Raymond Gruender was confirmed 97-1 for the 8th U.S. Circuit Court of Appeals.”

In related coverage, The Allentown Morning Call reports today that “Easton judge confirmed by Senate; Van Antwerpen gets appeals court seat after 13-year wait.” And The Express-Times reports that “Senate OKs new judicial title for Van Antwerpen.” With this confirmation, the U.S. Court of Appeals for the Third Circuit currently has no vacancies.

Posted at 07:00 by Howard Bashman

In Friday’s newspapers: The New York Times reports that “Lawyer Linked to Bombings Is Released.” In news from Boston, “Governor Seeks to Invalidate Some Same-Sex Marriages.” An article reports that “Ruling Grants 900 Illinois Judges Back Pay.” Neil A. Lewis reports that “Justice Memos Explained How to Skip Prisoner Rights.” In related coverage, “Afghan Policies on Questioning Prisoners Taken to Iraq” and “Screening of Prison Officials Is Faulted by Lawmakers.” In regional news, “Subway Officials Seek Ban on Picture-Taking“; “Republicans and Democrats Clash on New York Drug Laws“; and “City Wins Right to U.S. Data on Firearms.” An obituary is headlined “W.J. Brennan III, 71, Leader of New Jersey Bar Association, Dies.” In business news, “Suit Expected to Be Filed Soon Over Pay Package for Grasso.” An article is headlined “Putting History on Film and a Crime in Court.” Columnist Bob Herbert has an op-ed entitled “‘Gooks’ to ‘Hajis.’” And letters to the editor appear under the heading “A Court-Martial Exposes Weakness.”

The Washington Post reports that “U.S. Frees Oregon Lawyer Jailed in Madrid Bombings.” In somewhat related news, “Anti-Terror Database Got Show at White House“; “FBI Chief Tells of Interrogation Suspicions“; and “Soldier’s Credibility May Aid Prosecution.” Editorials are entitled “Detainee Lessons Unlearned” and “Pay the Attorneys More.” And a letter to the editor appears under the heading “Hijackers Deserve The Ultimate Penalty.”

Posted at 06:30 by Howard Bashman

Elsewhere in Thursday’s newspapers: In USA Today, Joan Biskupic reports that “Conyers asks whether torture denial was a lie.” An article reports that “Army mechanic apologizes at court-martial; Pa. soldier gets maximum penalty for his part in prisoner-abuse case.” And Diane McWhorter has an op-ed entitled “Till case reminds us of people’s capacity for brutality; Themes from 1955 lynching echo in Iraqi prison abuses.”

The Washington Times reports that “Soldier guilty of abuse at Iraq prison.” In other news, “Massachusetts Senate vote aids gay ‘marriages.’” An article reports that “Criminal alien bill limits appeals.” And Arnold Beichman has an op-ed entitled “Values devaluation.”

The Los Angeles Times reports that “Reservist Pleads Guilty in First Prison Abuse Court-Martial.” In related news, “Iraqis Say Justice Was Not Done; Many in Baghdad decry what they see as a light sentence for the abuse of prisoners; They contend the case was designed to serve U.S. interests” and “Accused Army Deserter Cites Abuse; Lawyers for a soldier charged with leaving his Iraq unit say he was told to mistreat prisoners.” An article reports that “Gang-Rape Testimony Challenged; The defense targets inconsistencies in a woman’s account of an alleged assault by three teens at the home of an O.C. sheriff’s official.” In other regional news, “‘Safe House’ Prosecution Falls Apart; Many illegal immigrants detained in a Watts raid last month have been let go or fear retaliation” and “Judge Questions LAPD’s Failure to Enact Reforms; Jurist calls a hearing to express concern about the department’s lack of progress in complying with a federal consent decree since Rampart.” Columnist Max Boot has an essay entitled “The Right Can’t Win This Fight: With gay marriage on a roll, it’s time to move on to another battle.” And Tom Campbell has an op-ed entitled “Government Snoops May Find Door Barred at Berkeley.”

The Boston Globe reports that “Senate votes to end 1913 law; Action is tied to gay marriages.” In related coverage, “Mrs. Bush welcomes gay-issues debate; Won’t endorse amendment effort” and “Vt. likely to favor civil unions, AG says.” An article reports that “Protest groups sue over rules at event.” And in other news, “Romney is wrapped on leaflet policy.”

Posted at 23:45 by Howard Bashman

Available online from law.com: Jonathan Ringel reports that “Full 11th Circuit Will Hear Satan Worshipper’s Arson Case.” In other news pertaining to that federal appellate court, “Proof of Government Torture Needed for Asylum; Florida man to be deported because he can’t show Peruvian government culpable in threats.” An article reports that “David Boies Cleared by Florida Bar of Ethics Charge.” An article is headlined “Older and Wiser: What’s behind the recent binge of settlements by Microsoft? Maturity, says the company’s GC.” In news from Texas, “No Atticus Finches Allowed? Bartering deal prevents lawyer from representing client at trial.” And an article reports that “Paul Weiss Wins Over Celebrity Artist in Fee Dispute.”

Posted at 23:40 by Howard Bashman

In news from Kansas: The Lawrence Journal-World reports today that “Supreme Court blocks order to close schools; Justices put state’s appeal ‘on the fast track.’” The Topeka Capital-Journal reports that “Court halts judge’s order; Decision means Kansas schools will remain open after June 30.” And The Wichita Eagle contains an article headlined “Justices: Schools won’t be closed.”

Posted at 23:34 by Howard Bashman

“The Case of the Cosmetics Giveaway; Lawsuit Defies Odds, Nears Settlement”: Josh Gerstein had this article in Monday’s issue of The New York Sun.

Posted at 23:32 by Howard Bashman

The Houston Chronicle is reporting: Today’s newspaper contains articles headlined “Parole panelists who urged mercy defer to Perry“; “GOP picking apart immigration reform; Seeking consensus on plan to quickly deport criminals“; and “Judge who lost election in line for a lifetime job.”

Posted at 23:30 by Howard Bashman

“Rowland Subpoena Still Stands; No Exemption, Counsel Says”: This article appears today in The Hartford Courant.

Posted at 23:29 by Howard Bashman

“Ayers appeal on way to high court; Plaintiff attorney seeks ‘make-whole remedy'”: The Clarion-Ledger today contains an article that begins, “Mississippi’s long-running college desegregation case is once again headed to the nation’s highest court.”

Posted at 23:25 by Howard Bashman

“Copyrighting the Decalogue: Does Roy Moore love the Ten Commandments so much that he wants to own them?” Timothy Noah has this essay online at Slate.

Posted at 23:20 by Howard Bashman

International Court of Justice‘s ruling in support of Mexican national on death row in Texas who was denied consular access fails to sway three-judge panel of U.S. Court of Appeals for the Fifth Circuit: You can access today’s Fifth Circuit ruling at this link.

Also today, The Dallas Morning News contains an editorial entitled “Sparing a Life?: Texas wrong, Oklahoma right on executions.”

Posted at 23:11 by Howard Bashman

“Portland attorney released after evidence points to another suspect”: The Associated Press reports here that “A Portland lawyer arrested in connection with the Madrid terror attacks was set free Thursday after evidence pointed to another suspect.”

Posted at 21:04 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Defense Rests Case at Nichols Trial“; “Supreme Court Grants Extension Request“; “Lawyer Plots Strategy in Iraq Abuse Case“; “Mueller: FBI Didn’t Abuse Iraqi Prisoners“; “Accused Terror Supporter Returns to U.S.“; and “U.S. Touts Forestry Law Success in Court.”

Posted at 17:44 by Howard Bashman

“Sierra Club asks 11th Circuit to disqualify Bush appointee”: The Associated Press offers this report on the news I previously mentioned here and here.

Posted at 15:18 by Howard Bashman

Federal tax laws may be aggravating, but disobeying them does not constitute an aggravated felony, a divided Third Circuit panel concludes: Today’s opinion of the court begins:

In this appeal we consider the question of whether a conviction for filing a false tax return, in violation of 26 U.S.C. sec. 7206(1) of the Internal Revenue Code, is an “aggravated felony” as defined by section 101(a)(43)(M)(i) of the Immigration and Naturalization Act, 8 U.S.C. sec. 1101(a)(43)(M)(i). We conclude that it is not, and, therefore, that the petitioners’ convictions do not render them removable. Accordingly, we will grant the Petition for Review of the decision and vacate the order of removal against the petitioners.

Circuit Judge Samuel A. Alito, Jr. issued a dissenting opinion.

Posted at 15:10 by Howard Bashman

“In Search of Cash, California Looks for Take Of Punitive Damages”: David Wessel has this interesting essay today in The Wall Street Journal.

Posted at 15:05 by Howard Bashman

“Ill. justices: Hike judges’ pay.” The Associated Press reports here that “The Illinois Supreme Court on Thursday ordered back pay for more than 900 state judges denied cost-of-living increases for two years, declaring that constitutional integrity was on the line.” You can access today’s unanimous ruling of the Supreme Court of Illinois at this link.

Posted at 15:02 by Howard Bashman

You know the caption to your appeal is too long when: See for yourself, in this order denying rehearing en banc that the U.S. Court of Appeals for the Fourth Circuit issued today.

Posted at 14:46 by Howard Bashman

Supreme Court of Mexico takes out full-page newspaper ads to defend its controversial ruling: The Associated Press provides this report.

Posted at 13:48 by Howard Bashman

“Sierra Club wants Pryor disqualified”: This article appears today in The Montgomery Advertiser. I first mentioned this matter and linked to a copy of the organization’s motion last night in a post you can access here.

My understanding is that this will not be the first motion of this nature that the U.S. Court of Appeals for the Eleventh Circuit has received. In the one earlier case about which I have some second-hand knowledge, a reader advises that the Eleventh Circuit denied the motion as moot after Circuit Judge William H. Pryor, Jr. was not chosen to sit on the three-judge panel assigned to decide the case. Whether a motion of this sort is indeed moot under those circumstances presents an interesting question.

Posted at 13:41 by Howard Bashman

“Chamber: Exec fired for Moore remarks; Commandments pin ‘political,’ says lawyer.” The Birmingham News today contains this article.

Posted at 13:37 by Howard Bashman

“Goodridge ’78 blazes trail for gay marriage”: This article appears in today’s issue of The Dartmouth.

The Oregonian today reports that “Petition asks court to revisit marriage initiative decision; A ballot proponent of defining matrimony as between a man and a woman predicts a small setback in signature-gathering.” Also in today’s newspaper, columnist David Reinhard has an essay entitled “Gay nuptials: Coming to a state near you.”

And The Portland (Me.) Press Herald reports today that “Opposing bills set up clash on gay marriage.”

Posted at 13:30 by Howard Bashman

The Supreme Court of California launches a Web page devoted to the “San Francisco Same-Sex Marriage Cases”: You can access the page at this link. These cases are scheduled for oral argument next Tuesday, and apparently the oral argument will be streamed live online. Viewers can access the Webcast, once it is underway, using one or more links available here. Finally, the briefs filed in the case can be viewed via this link.

Posted at 13:18 by Howard Bashman

“Miami federal judge tosses U.S. case against Greenpeace”: This article appears today in The South Florida Sun-Sentinel. And The Miami Herald contains an article headlined “Greenpeace wins U.S. case; Greenpeace scored a victory when a federal judge found the environmental group not guilty of violating a 19th century maritime law in protesting a shipment of Amazon mahogany.”

Posted at 11:30 by Howard Bashman

“Who’s qualified for bench? It’s no matter of degree; The state Supreme Court has fewer Ivy Leaguers than its Massachusetts counterpart. But does it matter?” The Providence (R.I.) Journal today contains this article. The article makes the rather obvious point that where someone attended school does not necessarily determine how smart or capable he or she is.

Posted at 10:16 by Howard Bashman

“Dentist wins round; judge orders tapes of alleged abuse by guards”: This article appears today in The St. Louis Post-Dispatch. The dentist in question is Charles Thomas Sell, who was the subject of this ruling that the U.S. Supreme Court issued in June 2003.

Posted at 10:10 by Howard Bashman

“Torture and Truth”: Mark Danner will have this article in the June 10, 2004 issue of The New York Review of Books.

Posted at 10:01 by Howard Bashman

“No prayer at Avon’s graduation; Teens divided as legal threat ends a graduation tradition”: The Indianapolis Star today contains this article.

Posted at 09:50 by Howard Bashman

“GOP groups outraged by judges deal”: This article appears today in The Hill.

Posted at 09:25 by Howard Bashman

“‘Marriage’ Mayhem: It’s all or nothing.” Stanley Kurtz has this essay today at National Review Online.

Posted at 09:23 by Howard Bashman

U.S. Court of Appeals for the Third Circuit announces that it will hear oral argument in FAIR v. Rumsfeld on Thursday, July 1, 2004: The news was contained in a letter sent to counsel for the parties earlier this week. An earlier letter, announcing that the oral argument would occur during the week of July 12, 2004, turns out to have been incorrect. In this appeal, the plaintiffs are seeking review of a federal district court’s ruling (part one here, part two here) that refused to preliminarily enjoin the Solomon Amendment. You can learn much more about the case via this link.

Posted at 09:12 by Howard Bashman

“Expert says sites linked to overseas terrorists; Testimony looks at Internet’s role in Hussayen trial”: This article appears today in The Idaho Statesman.

Posted at 08:03 by Howard Bashman

In Thursday’s newspapers: The New York Times reports that “G.I. Pleads Guilty in Court-Martial for Iraqis’ Abuse.” In other news, “Judge Stresses No 9/11 Link in Terror Trial.” An article reports that “Material Given to Congress in 2002 Is Now Classified.” In other news, “New Rules on Sperm Donations by Gays.” In news from France, “Losing Its Nonchalance, France Feuds Over Gay Vows” and “French Pedophilia Case Falls Apart When Main Suspect Recants.” An article is headlined “Divorce: First, Keep All the Lawyers.” In business news, “Company Isn’t Afraid to Take Copycats to Court.” And in regional news, “Former Nurse Admits Killing 3 More Patients in New Jersey” and “Judge Grants Hearing to Man Convicted in Parents’ Murder.”

The Washington Post reports that “Soldier Gets 1 Year In Abuse of Iraqis; ‘I Let Everybody Down,’ He Says After Guilty Plea.” In other news, “Judge Dismisses Greenpeace Charges.” An article reports that “Ex-Enron Official Pleads Guilty; Investor Relations Executive Admits to Insider Trading.” Columnist David S. Broder has an op-ed entitled “What McCain-Feingold Didn’t Fix.” And a letter to the editor appears under the heading “A Tenuous Majority.”

The Christian Science Monitor, in same-sex marriage-related news, contains articles headlined “Gay marriages unite, and divide, families; One couple receives a marriage certificate, to cheers from some family members and distance from others” and “Will ‘I dos’ end the gay-marriage debate? Based on a look at the past, social historians predict that after initial resistance, same-sex marriages will eventually gain public acceptance.” In other news, “Abu Ghraib court-martial meets skepticism in Iraq; Spc. Jeremy Sivits was sentenced Wednesday to one year in prison and discharged from the Army.” A related article is headlined “In some US prisons, echoes of Abu Ghraib; Complaints of prisoner abuse crop up at home as well as in Iraq – and may now get attention.” And an editorial is entitled “Enabling the Disabled.”

Posted at 07:00 by Howard Bashman

Oops: The New York Times today contains the following correction: “An article on Monday about the 50th anniversary of the Supreme Court ruling that ended school segregation misstated a word in a paraphrase from President Bush, who attended a ceremony in Topeka, Kan. He called for a continuing battle to end racial inequality — not equality.”

Posted at 06:58 by Howard Bashman

Elsewhere in Wednesday’s newspapers: The Boston Globe, in same-sex marriage-related news, reports that “Romney eyes order on licenses; Seeks to halt marriages of gay outsiders“; “Gay marriage story drew headlines worldwide“; and “Repeal bid for 1913 law may hit snag.” In other news, “SJC throws out most of minister’s lawsuit.” An article reports that “US investigators seize State House records in Finneran probe; Mass. Senate computers scoured.” An editorial is entitled “In memory of Emmett Till.” Columnist Ellen Goodman has an op-ed entitled “Showing us the power of marriage.” Heather MacDonald has an op-ed entitled “NU profiling study really proves nothing.” And letters to the editor appear under the heading “Marriage in Massachusetts.”

USA Today reports that “Fanfare over; gay marriages continue; Governor to review licenses.” An article reports that “Guantanamo detainees to get annual hearings.” In somewhat related news, “Report: Harsh interrogation OK’d for 1 inmate; Lt. Gen. Sanchez approved prison techniques” and “1st prisoner-abuse trial draws media from around world; Some Iraqis say soldiers deserve death penalty.” And an article reports that “Mentally ill murderer put to death in Texas; Governor rejects clemency plea.”

The Los Angeles Times reports that “Mentally Ill Killer Is Put to Death in Texas; Gov. Perry disregards a prison board’s recommendation that the schizophrenic man’s sentence be commuted to life in prison.” An article reports that “3 Witnesses at Iraq Abuse Hearing Refused to Testify.” An article is headlined “The digital war: Armed with cameras and the Internet, troops capture an uncensored, front-lines view.” In regional news, “E-Voting May Get State Blessing; County officials say the secretary of state’s office has indicated it will soon lift a 3-week-old ban on their electronic balloting machines“; “Stage Set for Legal Showdown Over Pot“; “Alleged Rape Victim Testifies; Woman, now 18, sees betrayal by three teens accused of a videotaped O.C. group sex assault“; and “Defendant in Rape Trial Insists Sex Was Consensual; A UCLA freshman has testified that she was raped by three high school football players.” And letters to the editor appear under the heading “A Kiss Doesn’t Change the Meaning of ‘No.’”

The Washington Times contains an editorial entitled “A ‘marriage’ proposal.” Clarence Page has an op-ed entitled “Justice delayed.” And Jacob Sullum has an op-ed entitled “Always another loophole.”

Posted at 23:50 by Howard Bashman

“High Court Weighs Post-‘Atkins’ Proof of Retardation Case”: Tony Mauro has this article online at law.com.

Posted at 23:47 by Howard Bashman

“IRS suit tackles gay marriage”: The Pioneer Press today contains an article that begins, “Thirty-four years after they first applied for a marriage license, Jack Baker and L. Michael McConnell are suing the IRS because they weren’t allowed to file a joint tax return. Baker, a Minneapolis corporate attorney and a local pioneer in gay activism, is representing McConnell, his partner, in the lawsuit that was filed Tuesday in U.S. District Court.”

Posted at 23:44 by Howard Bashman

“Rough Road to Integration: Delaware found a way to make busing work; That may be about to change.” This article appears today in The Philadelphia Inquirer.

Posted at 23:37 by Howard Bashman

“Soldiers’ defense not seen as winning strategy; Jail abuse to be blamed on following of orders”: This article appears today in The Baltimore Sun.

Posted at 23:34 by Howard Bashman

“AG’s brief assails campus gun ban”: The Salt Lake Tribune today contains an article that begins, “The state Attorney General’s Office says the Utah Constitution contains no right to academic freedom for the state’s public colleges and universities. That means, assistant Attorney General Brent Burnett argued in a brief filed with the Utah Supreme Court, that the University of Utah cannot continue to defy the will of the Legislature and ban guns from its campus.”

Posted at 23:32 by Howard Bashman

“Perry lets mentally ill man be executed; Parole board’s rare clemency vote overridden”: This article appears today in The Houston Chronicle.

Posted at 23:30 by Howard Bashman

“Law school’s shooting victims can’t let him go; Suits claim rampage at Appalachia campus could’ve been avoided”: The Associated Press today provides this report.

Posted at 23:27 by Howard Bashman

Ten Commandments news: From Alabama, The Birmingham News today contains an article headlined “Man: Chamber fired him over religious pin.” The Montgomery Advertiser yesterday reported that “‘Pledge’ bill, others out of time.” And last week The Advertiser reported that “Knight wants Moore to foot bill.”

From Georgia, The Atlanta Journal-Constitution today reports that “Holding of school functions in churches questioned.”

From Pennsylvania, The York Daily Record reported on Monday that “About 80 rally in support of religious monument; The three-hour event in Hanover’s Wirt Park on Sunday featured music and prayer.”

And from New Jersey, a Ten Commandments monument was involved in a motor vehicle accident that critically injured several people, The Newark Star-Ledger reported here on Monday.

Posted at 23:04 by Howard Bashman

“Sierra Club Challenges President Bush’s Recess Appointment of William Pryor”: The Sierra Club today issued this press release and filed this motion (44-page PDF document) in the U.S. Court of Appeals for the Eleventh Circuit. In tomorrow’s edition of The Fulton County Daily Report, Jonathan Ringel reports that “Sierra Club Challenges Pryor’s Judgeship.”

Posted at 22:39 by Howard Bashman

View online Chief Justice William H. Rehnquist’s interview with C-SPAN‘s Brian Lamb televised this past weekend on Book TV: The interview is available online at this link (Real Player required) and runs nearly one hour. The interview occurred in connection with the Chief Justice’s latest book, “Centennial Crisis: The Disputed Election of 1876.” You can access an excerpt from the book at this link.

Posted at 20:05 by Howard Bashman

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained a segment entitled “U.S. Soldier to Serve One Year for Iraqi Prison Abuses.”

Today’s broadcast of “Day to Day” contained segments entitled “Guilty Plea in Court Martial of Iraqi Prison Abuse Suspect” and “Spanish-Language ‘Shock Jocks’ Dodge the FCC.”

Finally, today’s broadcast of “Talk of the Nation” contained segments entitled “U.S. Soldier Sentenced for Iraqi Prison Abuse” and “FCC: Chill Factor?”

As always, Real Player is required to play these audio segments.

Posted at 19:44 by Howard Bashman

“Slippery Slop: The maddening ‘slippery slope’ argument against gay marriage.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 19:40 by Howard Bashman

“Judge throws out ship-boarding charges against Greenpeace”: The Associated Press provides this report from Miami.

Posted at 16:34 by Howard Bashman

All others must drive the posted speed limit: The Charlotte Observer yesterday contained an article headlined “‘In God We Trust’ may rate license plate; Tag design also includes yellow ribbon for troops.” And in today’s newspaper, columnist Tommy Tomlinson has an essay entitled “Bumper crop of license plate ideas” that begins, “Church and state, shmurch and state. Letting N.C. drivers buy license plates that say ‘In God We Trust’ is a brilliant idea.”

Posted at 16:06 by Howard Bashman

“Yemeni’s lawsuit contends special tribunal violates Constitution”: This article appears today in The Seattle Times. In somewhat related news, The Miami Herald reports today that “Detainees to get a yearly chance at release; The Pentagon said that Guantanamo detainees will have annual access to a review process in which they can present arguments that they should be freed.”

Posted at 15:13 by Howard Bashman

“Kistler withstands challenge for Supreme Court seat; Incumbents William Riggs and Robert Wollheim are leading comfortably in other statewide judicial contests”: The Oregonian today contains an article that begins, “An Oregon Supreme Court justice targeted by cultural conservatives because of his sexual orientation was comfortably defeating a Lake Oswego lawyer in Tuesday’s primary election. Rives Kistler, thought to be the only openly gay state Supreme Court justice in the country, was beating James Leuenberger by a 3-2 ratio.”

Posted at 15:00 by Howard Bashman

“How Does a Court-Martial Work? Who sits on the jury? What are the punishments? Can you appeal?” Phillip Carter, whose blog you can access here, today has this explainer essay online at Slate.

Posted at 14:50 by Howard Bashman

In news from Kansas: The Topeka Capital-Journal reports that “Supreme Court blocks order closing schools.”

Posted at 14:40 by Howard Bashman

“Let’s keep those robes out of the mire”: Cragg Hines, a columnist for The Houston Chronicle, today has this essay in that newspaper.

Posted at 14:33 by Howard Bashman

“White House and Senate Compromise on Most Judicial Nominations; Deal allows votes on 25 and bars recess moves, but Democrats will keep filibustering several”: This article appears today in The Los Angeles Times. Bob Egelko of The San Francisco Chronicle reports that “Deal frees vote on some Bush judges; Dems win demand for no appointments during recess, effectively killing 2 choices.” And The Metropolitan News-Enterprise reports that “Senators, Bush Administration Reach Deal on Judges; Schiavelli Confirmation Likely by Next Month.”

In coverage from outside of California, The Capital Times of Madison, Wisconsin reports that “Senate judge logjam over, Sykes likely to leave soon.” The Seattle Times reports that “Deal breaks judicial deadlock.” The South Florida Sun-Sentinel reports that “Prosecutor becomes first black woman to serve as federal judge in Florida.” And The Palm Beach Post reports that “Senate confirms judge for Southern District of Florida.”

My earlier posts collecting other coverage of this news can be accessed here and here.

Posted at 14:22 by Howard Bashman

Catt’s cat’s paw and whether default proceedings in an Indiana state court can collaterally estop the debtor in a federal bankruptcy case: Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, has today issued another quite interesting opinion.

Posted at 14:13 by Howard Bashman

“Court Upholds Ex-Congressman’s Conviction”: The Associated Press provides this report.

Posted at 14:07 by Howard Bashman

Access online U.S. District Judge Alfred M. Wolin‘s press release in reaction to the Third Circuit’s decision ordering his recusal from three large asbestos-related bankruptcy cases: The text of the press release, which Judge Wolin issued yesterday, is available online here. Earlier today I linked to news coverage of this press release. The ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued on Monday of this week can be accessed here. And don’t overlook the Third Circuit’s advice for those having problems with that court’s PDF documents.

Posted at 13:28 by Howard Bashman

“Ranking House Judiciary Democrat Asks for Investigation of DOJ”: Law Professor Eric L. Muller has this report at his “IsThatLegal?” blog.

Posted at 13:18 by Howard Bashman

“On day out of prison, disabled man wins U.S. Supreme Court decision”: The Associated Press reported here yesterday that “One day after finishing a prison sentence for using a crutch as a weapon, George Lane was celebrating his role as an advocate for disabled Americans. Lane, an amputee, sued the state of Tennessee for damages because he was forced to crawl up the Polk County Courthouse steps to attend his own criminal hearing because there was no elevator.”

And today in The Denver Post, columnist Al Knight has an op-ed entitled “Court loses way again” that begins, “The U.S. Supreme Court has issued another in a series of what might be called ‘perishable’ decisions – rulings that are good for now or until further notice.”

Posted at 12:33 by Howard Bashman

“2 KKK members banned from UofL; University says men violated rules on posting fliers, visiting campus”: The Courier-Journal today contains an article that begins, “After mounting tension over leafleting by the Ku Klux Klan, University of Louisville officials have accused two KKK members of posting ‘insensitive and offensive’ material and banned them from campus.”

Posted at 12:25 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “U.S., Okla. Settle Muslim Head Scarf Case” and “Cases Revive Childbirth Rights Debate.”

Posted at 12:22 by Howard Bashman

Available online from National Public Radio: Today’s broadcast of “Morning Edition” contained segments entitled “First Iraqi Abuse Trial Yields Guilty Plea“; “U.S. Soldier Sentenced to Year in Prison for Iraq Abuse“; “Commentary: Abu Ghraib and the Dark Side of Humanity“; and “‘The Gay and Lesbian Atlas.’”

And yesterday evening’s broadcast of “All Things Considered” contained segments entitled “Guantanamo Detainees to Get Yearly Hearings“; “Iraq Prison Abuse Court-Martial to Get Under Way“; “Courts-Martial: A Primer“; “Tobacco Awards Argued for Addicted Smokers“; and “State of Gay Marriages in San Francisco.”

Posted at 12:10 by Howard Bashman

“Judge defends his work on asbestos cases; Newark’s Wolin calls his removal by appeals court ‘profoundly impractical'”: Today’s issue of The Newark Star-Ledger contains an article that begins:

In all his years on the bench, U.S. District Judge Alfred Wolin has never shied away from speaking his mind. Yesterday he did it again.

This time his target was the federal appeals court that on Monday removed him from three major asbestos bankruptcy cases after concluding that his methods created the perception he was biased.

Wolin, 71, issued a 2 1/2-page statement defending his handling of the cases and criticizing the decision to remove him as “profoundly impractical.” Some lawyers in the case were astonished that a lower court judge would criticize a higher court.

“The trust the judiciary has earned over centuries of honorable service is not wasted by the case management techniques I put in place,” Wolin wrote. “On the contrary, that trust is put to its highest use, to solve one of our society’s most difficult and intractable problems.”

Anyone who has a copy of Judge Wolin’s opinion is invited to email it to me for posting online.

Posted at 11:37 by Howard Bashman

U.S. Court of Appeals for the Sixth Circuit affirms former U.S. Congressman James A. Traficant, Jr.’s criminal conviction for violating federal anti-corruption statutes: You can access today’s ruling of a unanimous three-judge panel here (HTML) and here (PDF).

Posted at 09:33 by Howard Bashman

“Jurors’ 122-Query Survey: Sex, Pot and the Mundane.” The Los Angeles Times today contains an article that begins:

The questions were unusual, but then so is the case.

Potential jurors in the highly publicized trial of three young men accused of raping a 16-year-old girl filled out a form containing 122 questions about their experiences and beliefs, including highly personal queries that asked whether they had used sex toys, watched X-rated movies, viewed pornographic websites or were “sexually adventurous.”

Legal experts were divided over the propriety of the questions, contained in a 23-page jury survey that Orange County Superior Court Judge Francisco Briseno released Tuesday. He ordered that the potential jurors’ responses remain sealed.

You can access the complete article at this link.

Posted at 09:30 by Howard Bashman

“Compromise or Surrender? The White House gives Tom Daschle a victory in the judicial wars.” Byron York today has this very interesting essay at National Review Online.

Posted at 09:18 by Howard Bashman

In today’s edition of The Miami Herald: Today’s newspaper contains articles headlined “Black woman state’s first to become federal judge; The U.S. Senate confirmed Marcia G. Cooke of Bay Harbor Islands as a federal judge; The attorney for Miami-Dade County is the first black woman in Florida to hold that post” and “Moral objector or deserter? Dade soldier faces trial; A Florida National Guard member from North Miami will go on trial today on a charge that he deserted his post in Iraq when he failed to return from leave.”

Posted at 09:15 by Howard Bashman

“Deal clears way for votes on 25 judicial nominees”: This article appears today in The Washington Times.

In local coverage of this news, The Milwaukee Journal Sentinel reports today that “Vote on Sykes’ nomination advances; Deal frees 25 judicial appointments from limbo.” The Express-Times of Easton, Pennsylvania today contains an article headlined “Nominee moves nearer bench; Bush makes a deal on federal judges” that begins, “The wait may soon be over for U.S. District Court Judge Franklin S. Van Antwerpen.” And The Morning Call of Allentown reports that “Van Antwerpen vote expected next month; Democrats in Senate accept action on non-controversial judges in deal ending recess appointments.”

Finally, Quin Hillyer, editorial writer for The Mobile Register, offers a post titled “Half a loaf” at the “Southern Appeal” blog.

Posted at 07:20 by Howard Bashman

“Prosecutors can show Web postings; But judge says that evidence could still be dismissed”: The Idaho Statesman today contains an article that begins, “Federal prosecutors were permitted to show the jury in the Sami Al-Hussayen terrorism case several articles and links from Web pages prosecutors say were posted to solicit support for terror groups.”

Posted at 07:13 by Howard Bashman

In Wednesday’s newspapers: In The New York Times, Adam Liptak reports that “U.S. Barred Legal Review of Detentions, Lawyer Says.” In other news, “Governor Moves on Non-Massachusetts Couples.” An article is headlined “A Filmed Taste of Changed Lives Since the Brown Case in 1954.” In news from Florida, “Youth Who Won Abuse Suit Is Held in Daughter’s Killing.” An article reports that “An Invitation to Rowland Is to Become a Subpoena.” And letters to the editor appear under the headings “A Milestone Day for Gay Marriage“; “Torture, Terror and the Law“; and “The Patriot Act and Me.”

The Washington Post reports that “U.S. to Review Detainees’ Cases.” In other news, “Marriage License Is Just A Start; Gay Couples Face Other Legal Tests.” A front page article reports that “3 to Be Arraigned in Prison Abuse; Defense to Argue Military Intelligence Officers Were in Charge.” In other news, “Nation’s Courts Faulted on Foster Care.” In business news, “IRS Wins Tax Shelter Ruling; Another Judge Rejects Attorney-Client Privilege Claim” and “Expert Faults Tyco Bonus Deal; Linking Counsel’s Pay to CEO’s Called Potential Conflict.” In local news, “U.S. Attorney For the District To Leave Post.” Columnist Anne Applebaum has an op-ed entitled “Blanding-Down History.” And letters to the editor appear under the heading “Civil Rights Heroes and Heritage.”

The Christian Science Monitor contains an article headlined “Can torture be justified? At hearings Wednesday, the Senate Armed Services Committee will question top Army officers on interrogation of prisoners in Iraq.” And an article examines “How FBI is remaking intelligence functions; Bureau’s new intelligence coordinator says US doesn’t need a British-style MI5 agency for domestic spying.”

Posted at 06:50 by Howard Bashman

“Sivits pleads guilty at Abu Ghraib court-martial; Three soldiers defer pleas at arraignment”: CNN.com reports here that “Spc. Jeremy Sivits on Wednesday pleaded guilty to three charges at the first court-martial in the Iraqi prisoner abuse scandal.”

Posted at 06:44 by Howard Bashman

Elsewhere in Tuesday’s newspapers: The Boston Globe, in same-sex marriage-related news, contains articles headlined “Wedding day: First gays marry; many seek licenses“; “Some couples avoid 3-day wait to wed“; “Groups hold out for public furor before acting“; “Decisions on out-of-staters in courts’ hands“; “R.I., Conn. may grant recognition“; “Romney keeps low profile, but reiterates that voters should decide issue“; “Survey finds women in majority“; “Rush of reporters worldwide attracts some limelight, too“; “‘It was a new experience for us’“; and “From this day, paired for life.” In other news, “Kerry, Bush mark 1954 school-rights ruling; Make separate visits to city in Kansas that gave rise to decision.” An editorial is entitled “Legal at last.” Columnist Brian McGrory has an essay entitled “Civilization in ruins.” Stephen Whitfield has an op-ed entitled “The resurrection of Emmett Till.” And letters to the editor appear under the headings “SJC ruling is flawed” and “Delighted by marriage headline.”

In The Los Angeles Times, David G. Savage reports that “Disabled People Can Sue States Over Access, High Court Rules.” In other news, “U.S. High Court Won’t Take Execution Case; The way is cleared for DNA testing on evidence from a Chino Hills quadruple slaying.” An article reports that “Gay Couples Tie the Knot in Massachusetts; On the first day of legal same-sex marriages, hundreds apply for licenses and a few obtain waivers so they can wed immediately.” In somewhat related news, “Gay Marriage Bill Expected to Die in Assembly; Democratic lawmakers say they plan to revive the measure in 2005, after state courts have had time to rule on pending cases.” An article reports that “Bush, Kerry Extol Brown Ruling, Separately; The president and his Democratic rival commemorate the high court decision, but say discrimination has not been overcome.” In related news, “Students Mark 50 Years of School Desegregation; Mock trials, protests, forums commemorate Brown vs. Board of Education decision.” An article is headlined “Counting on Time to Break a Silence; Justice Department’s reopening of the 1955 murder case of Emmett Till hinges on black and white witnesses telling long-kept secrets.” In other news, “Death of Prisoner Detailed in Testimony.” In regional news, “Date-Rape Drug Scenario Raised at Trial; Haidl video indicates the girl was drugged, an expert testifies; Evidence is lacking, defense says” and “Jerry Brown Files to Enter Attorney General’s Race.” Columnist Robert Scheer has an essay entitled “Scandal’s Shame, Massachusetts’ Pride.” And letters to the editor appear under the heading “The Effects of Reining In Business Lawsuits.”

In USA Today, Joan Biskupic reports that “Justices’ ruling favors disabled; States can be sued over access to courthouses.” In other news, “First weddings intensify gay-marriage debate; Massachusetts sets stage for battles elsewhere.” An article reports that “Bush, Kerry mark anniversary of civil rights ruling; Candidates focus on education and segregation issues.” In other news, “Hometown says soldier was always eager to please; Neighbors support first to face court-martial” and “Soldiers’ defense: Right and wrong got blurred.” And Tony Perkins has an op-ed entitled “Gender is different from race.”

The Washington Times reports that “Homosexuals ‘marry’ in Massachusetts.” In related coverage, “Gay unions stir up election” and “Black pastors assail gay analogy.” An article reports that “Bush hails 50 years of advances under Brown.” In other news, “House probes finances of civil rights panel.” An article reports that “Court spurns pilot’s appeal.” And an editorial is entitled “Righting ‘a great wrong.’“

Posted at 23:50 by Howard Bashman

Commemorating the 50th anniversary of Brown v. Board of Education: The Topeka Capital-Journal today contains articles headlined “‘Day of justice’: Thousands mark milestone and Topeka’s role“; “Plaintiffs, relatives elated with day’s events“; “Topeka shares TV time with breaking news; Iraq, gay weddings diminish coverage of Brown“; “McClinton pleased with city’s performance“; “Changed America; Topekans welcome dignitaries“; “Politics not the main event“; “Security out in full force; Only two arrested; president, senator visit without any complications“; “Making history: Presidential hopeful recounts state’s role in civil rights“; “50 years after Brown: Business bias still exists in Topeka, owner says“; “A close call with history: Williams students experience neighborhood’s day in spotlight“; “Officials say transportation went smoothly“; and “Review: ‘Now Let Me Fly’ uplifting.”

The Lawrence (Kan.) Journal-World today reports that “Former KU professor argued on losing side.”

The Wilmington News Journal reports that “Delawareans unveil historic Brown markers; Bush, Kerry visit Kansas city involved in decision 50 years ago.”

The Chicago Tribune reports that “Focus of legal battles shifts from equality to adequacy.”

The Philadelphia Inquirer contains an article headlined “Isolated in the Suburbs: Some leave the city for better schools and find things are not much different.”

The Birmingham News reports that “Judge calls civil rights decision ‘profound.’”

The Daily Bruin reports that “All sides of debate on Prop. 209 use ruling.”

And The Florida Times-Union contains an article headlined “Courthouse to have late judge’s name; Simpson made bold civil rights decisions” that begins, “Jacksonville’s new federal courthouse will be named for a former federal judge whose bold civil rights decisions in the 1960s shaped desegregation of schools and public places across Florida.”

Posted at 23:38 by Howard Bashman

Available online from law.com: Shannon P. Duffy reports that “Federal Judge Removed From Three Asbestos Cases; Court advisers’ conflicts of interest raised ‘perception of bias.’” An article is headlined “9th Circuit: Companies Can Sue Over Civil Rights; Court says businesses can have racial identity, sue for discrimination.” In other news, “Military Justice Put on Trial in Iraq Abuse Scandal.” And an article reports that “$1.3 Billion Fee Upheld in California Tobacco Case.”

Posted at 23:27 by Howard Bashman

A memorable night in more ways than one: I’m pleased to report that my wife returned home from the hospital tonight following her surgery last Friday. We arrived at the house just in time to watch the final innings of Randy Johnson’s perfect game (recaps here and here and box score here). Count me among the many Atlanta Braves fans who applaud the Diamondbacks’ pitcher’s amazing accomplishment. This baseball news follows closely last night’s amazing pitching performance by my son, who made his debut at that position. He threw a perfect inning, consisting of two strike outs followed by a line out to shortstop, in a league for third- and fourth-graders where most pitchers struggle to attain the strike zone.

Posted at 23:21 by Howard Bashman

“Deal Ends Impasse Over Judicial Nominees”: Neil A. Lewis will have this article in Wednesday’s edition of The New York Times. And tomorrow’s issue of The Washington Post will report that “President, Senate Reach Pact On Judicial Nominations; Bush Vows He Won’t Use Recess Appointments; 25 to Get Vote.” The Post’s article concludes:

Once the agreement was reached yesterday, the Senate voted unanimously to confirm Marcia G. Cooke, a Florida lawyer, for a district judgeship. The rest are to be voted on by the end of June, according to Frist.

The only seriously controversial nominee on the list of 25 is James Leon Holmes, whose nomination to a district court was sent to the full Senate without recommendation from the judiciary panel. Holmes had been criticized by some senators for his strong antiabortion views and his 1997 comments in a religious publication that a “wife is to subordinate herself to her husband.”

And in news relating to one of the current recess appointees, The Vicksburg Post today contains an article headlined “Pickering: Promote reconciliation.”

Posted at 23:11 by Howard Bashman

“GOP-Dem deal on judges; Up-or-down votes for ending recess appointments”: Wednesday’s edition of The Hill will contain this article.

Posted at 23:09 by Howard Bashman

“States’ rights momentum on court may be waning; Justice O’Connor played key role in two cases that suggest limits to the federalism revolution”: Warren Richey will have this article in Wednesday’s issue of The Christian Science Monitor.

Posted at 23:02 by Howard Bashman

“Fight for civil rights divides past, present; As six gay couples apply for marriage licenses, African-American pastors denounce gay marriage”: This article appears today in The St. Petersburg Times. The Chicago Tribune reports that “1st wedding bells ring for gays; Couples speak vows, sometimes festively, sometimes quietly, under debut of Massachusetts law.” And The Arizona Republic today reports that “Arizona Capitol rally protests same-sex marriage; ‘Family values’ activists, gays mix at march.”

Posted at 18:55 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Bush, Democrats Reach Deal on Nominations“; “Guantanamo Detainee Reviews Begin Soon“; “Court Reinstates Mo. Inmate’s Sentence” (plus, access yesterday’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link); “Ariz. Man Testifies at Nichols Trial“; and “Jail Imposes Dress Code for Visitors.”

Posted at 18:45 by Howard Bashman

“Trust us: Defending the administration’s enemy-combatant policy, the Justice Department told the Supreme Court that the U.S. doesn’t torture prisoners. Just hours later, the Abu Ghraib story broke. Did the U.S. intentionally mislead the court?” Salon.com yesterday posted this article by Tim Grieve.

Posted at 17:38 by Howard Bashman

“Judicial Nominees Covered by Agreement”: The Associated Press provides this listing of “non-controversial” judicial nominees whose confirmation now appears imminent.

The nominees to the U.S. Courts of Appeals on that list are Raymond W. Gruender for the Eighth Circuit; Franklin S. Van Antwerpen for the Third Circuit; Diane S. Sykes for the Seventh Circuit; Peter W. Hall for the Second Circuit; and William Duane Benton for the Eighth Circuit. And, believe it or not, also included on the list as “non-controversial” is J. Leon Holmes for the U.S. District Court for the Eastern District of Arkansas.

Posted at 17:07 by Howard Bashman

Not a Hobson’s choice: A three-judge panel of the U.S. Court of Appeals for the Second Circuit today rejected a challenge to the legality of the fugitive disentitlement provision of the Civil Asset Forfeiture Reform Act of 2000. The statute provides that if a person subject to a criminal warrant or process attempts to avoid prosecution by “declin[ing] to enter or reenter the United States to submit to its jurisdiction,” a federal court may refuse to entertain the person’s objection to a civil forfeiture proceeding.

In this case, a Colombian national under indictment for her alleged operation of a multi-million dollar money-laundering enterprise was objecting to the seizure of $1.1 million from an account at Prudential Securities, Inc., in New York. Because the woman had refused to enter the United States to face these criminal charges the federal district court had dismissed her challenge to the forfeiture under the fugitive disentitlement provision. You can access today’s very interesting majority opinion at this link and the concurring opinion of Circuit Judge Robert A. Katzmann at this link.

Posted at 16:46 by Howard Bashman

What’s with the annoying pop-up advertising? It appears that one of the formerly unobtrusive, “free” hit-counters located at the bottom of this page has begun to generate annoying pop-up ads as this page loads in one’s Web browser. I am deleting the hit-counter that I believe is to blame. If readers keep getting these pop-up ads when loading this page, please let me know and I will investigate further.

Posted at 16:18 by Howard Bashman

“Bush, Democrats Reach Deal on Nominations”: Jesse J. Holland of The Associated Press reports here that “Breaking a monthslong impasse, the White House and Senate Democrats struck a deal Tuesday allowing confirmation of dozens of President Bush’s judicial nominations in exchange for an administration promise not to bypass the Senate again this year.” And Reuters offers an article headlined “Daschle: Accord Reached to End Judicial Blockade.”

Posted at 16:01 by Howard Bashman

U.S. Court of Appeals for the Fourth Circuit rejects additional constitutional challenges to the Coal Industry Retiree Health Benefits Act of 1992: You can access today’s ruling in Pittston Co. v. United States at this link.

Posted at 14:45 by Howard Bashman

“Court affirms death penalty; State’s top jurists rule on Hayward man who killed an elderly couple in Castro Valley in 1989”: This article appears today in The Oakland Tribune. And The Metropolitan News-Enterprise today reports that “Death Sentence Upheld in Killing of Elderly Couple.”

Posted at 14:14 by Howard Bashman

On today’s broadcast of NPR‘s “Day to Day“: Today’s broadcast included segments entitled “Mass. Reacts to Legalization of Same-Sex Marriage“; “Slate’s Jurisprudence: Banning Cell Phone Cameras” (featuring Dahlia Lithwick); and “Roots of Racial Justice in South Carolina, Part 2.” Real Player is required to play these audio segments.

Posted at 14:07 by Howard Bashman

“Can This Marriage Be Saved? Gay marriage is risky, but banning it is riskier.” This essay by Jonathan Rauch appears today at Reason.

Posted at 13:53 by Howard Bashman

Qui tam litigant proceeding without counsel causes the U.S. Court of Appeals for the Seventh Circuit to decide some questions of first impression: Today’s opinion by Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, holds both that the time for appeal is 60 days even when the federal government fails to participate in the suit and that qui tam actions cannot be prosecuted by individuals who lack an attorney.

Posted at 13:39 by Howard Bashman

Ninth Circuit holds that damages for emotional distress are not among the “actual damages” that a debtor in bankruptcy may recover from a creditor that willfully violates the automatic stay: You can access today’s ruling of a unanimous three-judge panel at this link.

Posted at 13:30 by Howard Bashman

“Skepticism on spy case is reported; A former investigator says her questioning of the evidence was ignored by military”: The Sacramento Bee today contains an article that begins, “Military investigators repeatedly ignored warnings that they were overstating their evidence against espionage suspect Ahmad I. Al Halabi, instead pushing forward at all costs to prove the Travis airman was ‘a little fish’ in an al-Qaida ring based at Guantanamo Bay, Cuba.”

Posted at 10:58 by Howard Bashman

“Buying wine across state lines: Time to throw out archaic monopolies.” This editorial appears today in The Las Vegas Review-Journal.

Posted at 10:56 by Howard Bashman

Newspapers throughout the Nation report on yesterday’s developments at the U.S. Supreme Court: In The San Francisco Chronicle, Bob Egelko reports that “States can be sued by disabled; 5-4 decision addresses only the right to court access” and “Death row inmate can continue appeal.”

The Pittsburgh Post-Gazette reports that “In 5-4 decision, justices allow disabled to sue states over access.” The Hartford Courant reports that “Ruling Affirms Access To Courts; Supreme Court Allows Lawsuits Over Courthouses That Lack Accommodations For Disabled.” The Atlanta Journal-Constitution reports that “Ruling affirms rights of disabled.”

The Baltimore Sun reports that “U.S. Supreme Court moves to uphold public corruption law used against Norris.” And The Detroit Free Press reports that “Ex-pilot can’t sue Livonia woman; U.S. Supreme Court refuses to hear appeal.”

Posted at 10:44 by Howard Bashman

“Parole board votes to stop execution; Perry to have last word on mentally ill killer’s fate”: This article appears today in The Houston Chronicle. Yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit in this matter can be accessed here.

And in somewhat related news, The Virginian-Pilot today contains an article headlined “Standing for justice without ‘vengeance.’“

Posted at 10:00 by Howard Bashman

On today’s broadcast of NPR‘s “Morning Edition“: This morning’s broadcast contained segments entitled “Disabled Rights Advocates Win Limited Court Victory” (featuring Nina Totenberg); “Dozens of Same-Sex Couples Marry in Massachusetts“; “Bush, Kerry Mark ‘Brown’ Anniversary in Topeka“; “NCAAP Director on the Civil Rights Battles Ahead“; and “Reservists to Face Courts-Martial Wednesday.”

Posted at 09:37 by Howard Bashman

“Supreme Court rules against Minneapolis developer Sabri”: This article appears today in The Star Tribune.

Posted at 09:05 by Howard Bashman

“Nomination faces key vote; If confirmed, Marcia Cooke would become the first black woman appointed to a federal judgeship in Florida”: The Miami Herald today contains an article that begins, “Republicans trying to nudge along judicial nominations made by President Bush will force Democrats today to take a potentially embarrassing vote on stalling the appointment of the first black woman to a federal judgeship in Florida. Last week, Senate Republicans set in motion today’s scheduled vote to close off debate on the appointment of Marcia Cooke, an assistant Miami-Dade County Attorney and the former chief inspector general for Gov. Jeb Bush.”

Posted at 08:57 by Howard Bashman

“Prosecutors seek conservative venues for porn trials”: This article appears today in The Pittsburgh Tribune-Review. A related chart can be accessed here (PDF file).

Posted at 08:54 by Howard Bashman

“Pledge opponent fights legal fees in daughter custody case”: The Associated Press provides this report. And in news from North Carolina, The Charlotte Observer reports today that “‘In God We Trust’ may rate license plate; Tag design also includes yellow ribbon for troops.”

Posted at 07:22 by Howard Bashman

“Judge upholds $1B diet-drug verdict against Wyeth”: This article appears today in The Newark Star-Ledger. Reuters reports that “Judge Upholds $1 Billion Fen-Phen Award.” And The Associated Press reports that “Judge Affirms $1B Award in Fen-Phen Case.”

Posted at 07:08 by Howard Bashman

“Judge in Hussayen trial will decide on Internet evidence; Feds say e-mails prove ‘material support’ provided”: The Idaho Statesman contains this article today.

Posted at 07:00 by Howard Bashman

“Court removes judge from asbestos cases”: This article appears today in The Newark Star-Ledger. Reuters reports that “Judge ordered to step down in 3 US asbestos cases.” And The Toledo Blade reports that “Judge removed from OC bankruptcy case; Possible conflict of interest cited; delay of another year possible.”

Posted at 06:45 by Howard Bashman

In Tuesday’s newspapers: In The New York Times, Linda Greenhouse reports that “States Can Be Liable for Not Making Courthouses Accessible.” In same-sex marriage-related news, “Despite Uncertainties, Out-of-Staters Line Up to Marry” and “In Court, Mayor Backs Weddings.” An article reports that “Bush and Kerry Mark Desegregation in Topeka.” In related news, “$50 Million Gift Aims to Further Legacy of Brown Case.” In news from California, “Schwarzenegger Files Suit Against Bobblehead Maker.” An article reports that “Iraq-Born Swede Asks $100,000, Claiming Torture at Abu Ghraib.” In news from Florida, “Parents in Feeding-Tube Case Ask to Resume Visits.” An article reports that “Michigan Landowner Who Filled Wetlands Faces Prison.” And letters to the editor appear under the heading “Brown v. Board, 50 Years Later.”

In The Washington Post, Charles Lane reports that “Disabled Win Right to Sue States Over Court Access.” In same-sex marriage-related news, “Gay Couples Marry in Massachusetts; Hundreds Tie Knot On Day One, but Questions Remain“; “A Carefully Considered Rush to the Altar; Lesbian Pair Wed After 7 Years Together“; and “Altared State: After Decades of Courting and Waiting, Same-Sex Couples Line Up Early for a Marriage Made in Massachusetts.” An article reports that “Bush and Kerry Mark ’54 Ruling; Nation ‘Strives to Do Right,’ President Says.” In related news, “Integrating Jubilation Into the Struggle.” An article reports that “Democrats Ask to Recall Haynes; New Questions for Judicial Nominee.” And an article is headlined “At the Nervous Center of Homeland Security; Operations Hub Coordinates National Vigil.”

The Christian Science Monitor contains an article headlined “Global impact of the courts-martial; The abuse trials of US soldiers in Baghdad starting Wednesday will provide an example of justice, but will carry their own risks.” And in other news, “Amid roses and camera clicks, day of vows; From Provincetown to Springfield, gays apply for marriage licenses as media chronicle historic moment.”

Posted at 06:30 by Howard Bashman

Elsewhere in Monday’s newspapers: The Boston Globe, in same-sex marriage-related news, contains articles headlined “Free to marry: Historic date arrives for same-sex couples in Massachusetts“; “In middle America, a mix of hope, anxiety“; “Cambridge plays host to a giant celebration“; “Romney among key figures invited to nuptials — but he won’t attend“; “At churches, acceptance nudges opposition; Clergy quell censure, call for tolerance of new law“; “R.I., Conn. attorneys general expected to decide on Mass. nuptials“; “Clerks in tight spot politically; Changing times exert pressure on low-profile staff“; and “Municipalities say residency won’t be an issue.” An editorial is entitled “A wedding toast.” Howard Dean has an op-ed entitled “Vermont’s lessons on gay marriage.” Law Professor Charles J. Ogletree Jr. has an op-ed entitled “The 1954 Brown ruling opened America’s doors.” And columnist Adrian Walker has an essay entitled “Brown revisited.”

The Los Angeles Times reports that “Massachusetts Begins Allowing Gays to Wed; A marriage license is issued to the first same-sex pair early today; Couples wishing to do likewise must consider the legal and cultural consequences.” An article is headlined “Topeka’s ‘Biggest’ Day: Bush, Kerry and Brown Ruling.” A related article is headlined “The Brown decision as living history: An Ontario teacher born during segregation helps his students to weigh the effects of the famous court case.” In regional news, “‘Dead Dads’ Bill Takes On Difficult Legal Question; The proposed state law gives inheritance rights to children born from frozen embryos, sperm” and “Unity Seen as Vital for 3 Teens on Trial; The father of one of the young men accused of a videotaped gang rape in Orange County is paying for much of the defense; Their goals intertwine.” An editorial is entitled “A Continuing Journey.” And Abigail Thernstrom has an op-ed entitled “No, Brown Isn’t a Bust; Fifty years after the monumental decision, it’s popular to say that segregation is back; That’s hogwash.”

USA Today reports that “Same-sex marriage begins in Mass.; Gay couples line up to apply for licenses.” In related coverage, “Next up is battle for recognition; Policies on marriages still in flux.” An article is headlined “The ordeal of Chaplain Yee: Charges have been dropped against officer once branded a traitor, but questions still shadow the case.” In other news, “Former guard has a history of complaints; Graner faced abuse charges while working at Pa. prison.” And in related coverage, “First abuse trial starts Wednesday.”

The Washington Times contains an article headlined “50 years later, Brown disappointments.” An article addresses “How Brown advanced to head of the class action.” In other news, “Lawsuit in deaths of aliens lingers.” An article is headlined “A patient’s promise to avoid a lawsuit.” And an op-ed by U.S. Senators Orrin Hatch and Jim Talent is entitled “The bench vs. people.”

Posted at 23:50 by Howard Bashman

“1954 ruling seen as model of judicial activism; Landmark segregation and gay nuptial cases have similarities”: Bob Egelko today has this article in The San Francisco Chronicle.

Posted at 23:44 by Howard Bashman

“Court boosts civil rights law for disabled; By ruling in favor of a paraplegic who crawled up to a second-floor courtroom, justices signal possible shift away from states’ rights”: Warren Richey will have this article in Tuesday’s issue of The Christian Science Monitor.

Posted at 23:43 by Howard Bashman

“Supreme Court upholds key provision in disabilities act”: Stephen Henderson of Knight Ridder Newspapers provides this report.

Posted at 23:40 by Howard Bashman

On the 50th anniversary of the U.S. Supreme Court‘s ruling in Brown v. Board of Education: The Topeka Capital-Journal offers this archive of very interesting articles published in The Topeka Daily Capital or the Topeka State Journal between 1951 and 1956.

Turning to more of today’s news coverage, The Wilmington (Del.) News Journal today contains articles headlined “Delaware cases first to strike down segregation; Judge ruled Hockessin, Claymont schools ‘unequal’“; “Attorney, judge played key roles; ‘They were two very, very bright people who did what was right’“; and “Family endured hardship in legal fight; Small request to allow child on bus became major perseverance effort.”

The Kansas City Star reports today that “Legacy of case frustrated lawyer.”

The Lexington Herald-Leader contains an essay by William Green entitled “Vinson helped pave road to ‘Brown.’”

The Philadelphia Inquirer contains an article headlined “Grassroots integration.”

The Chicago Tribune reports that “South sees integration gains slip into past; From white to mixed to black.”

The Baltimore Sun today contains an article headlined “Schools’ historic ties to an unequal past; All-black facilities, like Queenstown Elementary, gave pupils a firm foundation before the 1954 ruling.”

From Mississippi, The Clarion-Ledger reports that “Legacy of ruling plays out in Ayers case today.”

The Daily Bruin reports that “Ruling slowly changed face of UCLA.”

And The Boston Herald contains an article headlined “High court low point: SJC endorsed segregated Hub schools.” The article begins, “It was a decision of the Massachusetts Supreme Judicial Court that many thought would go the other way, and some decried as government meddling in interpersonal relationships. But the year was 1850, not 2003, and Roberts vs. School Committee of Boston concerned not marriage but whether blacks and whites should go to school together.”

Finally, C-SPAN has archived at this link (Real Player required) video of today’s dedication ceremony for the Brown v. Board of Education National Historic Site in Topeka, Kansas.

Posted at 23:18 by Howard Bashman

“Federal inmate decides to fight death sentence; Attorneys for David Paul Hammer say his flip-flop decision shows he is mentally ill, should not be executed”: The Indianapolis Star contains this article today.

Posted at 23:15 by Howard Bashman

“Legal case that made Oregon history is revisited; A panel examines the impact of a 1920s case involving the Catholic Church and the KKK”: This article appears today in The Oregonian.

Posted at 23:10 by Howard Bashman

In Tuesday’s edition of The New York Times: Tomorrow’s newspaper will contain articles headlined “Hundreds of Same-Sex Couples Wed in Massachusetts” and “Appeals Court Orders Judge to Step Aside in Three Asbestos Cases.”

Posted at 23:04 by Howard Bashman

“Who determines if a convict is mentally retarded?” The Pittsburgh Post-Gazette today contains this article.

Posted at 21:40 by Howard Bashman

“Nation faces years of legal tangles over same-sex marriages”: This article appears today in The Pittsburgh Post-Gazette. The San Francisco Chronicle today reports that “Eager couples line up early, gain Massachusetts licenses; ‘S.F. isn’t there yet,’ groom boasts at Cambridge City Hall.” And The Boston Herald reports that “Opponents vow to keep up the fight.”

Posted at 21:30 by Howard Bashman

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “High Court Sides with Disabled Man on Court Access” (featuring Nina Totenberg); “Gay Marriage Brings Bustle to Massachusetts“; “Gay Marriage: Three Possible Futures“; “Gay Marriage: Craig and Brent“; and “‘Brown v. Board:’ Letters to Eisenhower.”

And today’s broadcast of “Talk of the Nation” contained segments entitled “Crossing the Color Line” and “Contemporary Reality in Integrated Schools.”

Real Player is required to play these audio segments.

Posted at 21:20 by Howard Bashman

The Associated Press is reporting: Gina Holland reports that “Court Rules in Favor of Consumer Debtors.” And in other news, “Bush Marks School Integration in Kansas” and “Minister Seeks Communion Wine for Inmates.”

Posted at 21:11 by Howard Bashman

“Court Upholds Application of Disability Law in Court Access”: Linda Greenhouse has this news update online at The New York Times. And David G. Savage of The Los Angeles Times has a news update headlined “Court Applies Disability Rights to States.”

Posted at 21:06 by Howard Bashman

“Supreme Court: Civil Rights Trump States’ Rights; High court finds states not immune from courthouse access suits under ADA.” Tony Mauro has this article online at law.com.

Posted at 21:01 by Howard Bashman

“Rehnquist Praises Jackson on Nuremberg”: The AP offers this coverage.

Posted at 16:28 by Howard Bashman

“Federal judge removed from some asbestos cases”: The Associated Press provides this report.

Posted at 16:24 by Howard Bashman

“High Court Upholds Rules in Disabilities Act; In Previous Cases, the Court Has Limited the Effect of the ADA”: Charles Lane of The Washington Post provides this news update.

Posted at 15:23 by Howard Bashman

“Kan. Rededicates Brown School As Monument”: The Associated Press provides this report.

Posted at 14:38 by Howard Bashman

On today’s broadcast of NPR‘s “Day to Day“: Today’s broadcast contained segments entitled “Analysis of Supreme Court Ruling on ADA“; “Gay Marriage Now Legal in Massachusetts“; “Commentary: Fighting Gay Marriage, Dodging the Bigots“; and “Roots of Racial Justice in South Carolina.”

Posted at 14:30 by Howard Bashman

Divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issues writs of mandamus removing U.S. District Judge Alfred M. Wolin from continuing to preside over asbestos-related bankruptcy cases: You can access today’s ruling at this link and the writs of mandamus here, here, and here. Senior Circuit Judge Leonard I. Garth delivered the opinion of the Court, in which Circuit Judge D. Brooks Smith joined. Circuit Judge Julio M. Fuentes dissented. This was the precise outcome and exact division among the panel that I predicted based on having read the briefs and attended the oral argument in this case.

Judge Wolin’s decision refusing to recuse himself from these cases can be accessed here. And the Third Circuit’s earlier ruling in this matter can be accessed here.

Posted at 13:25 by Howard Bashman

Today’s U.S. Supreme Court opinions and Order List: The Supreme Court of the United States today issued opinions in five argued cases.

1. Justice John Paul Stevens delivered the opinion of the Court in Tennessee v. Lane, No. 02-1667, and the decision under review was affirmed. You can access the syllabus here; Justice Stevens’ opinion of the Court, in which Justices Sandra Day O’Connor, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined, here; the concurring opinion of Justice Souter, in which Justice Ginsburg joined, here; the concurring opinion of Justice Ginsburg, in which Justices Souter and Breyer joined, here; the dissenting opinion of the Chief Justice, in which Justices Anthony M. Kennedy and Clarence Thomas joined, here; the dissenting opinion of Justice Antonin Scalia here; the dissenting opinion of Justice Thomas here; and the oral argument transcript here.

2. Justice Souter delivered the opinion of the Court in Sabri v. United States, No. 03-44, and the decision under review was affirmed and the case remanded. You can access the syllabus here; Justice Souter’s opinion of the Court, in which Chief Justice and Justices Stevens, O’Connor, Ginsburg, and Breyer joined, and in which Justices Kennedy and Scalia joined all but Part III, here; Justice Kennedy’s opinion concurring in part, in which Justice Scalia joined, here; Justice Thomas’s opinion concurring in the judgment here; and the oral argument transcript here.

3. Justice Scalia delivered the opinion of the Court in Grupo Dataflux v. Atlas Global Group, No. 02-1689, and the decision under review was reversed. You can access the syllabus here; Justice Scalia’s opinion of the Court, in which the Chief Justice and Justices O’Connor, Kennedy, and Thomas joined, here; Justice Ginsburg’s dissenting opinion, in which Justices Stevens, Souter, and Breyer joined, here; and the oral argument transcript here.

4. Justice Stevens announced the judgment of the Court and delivered an opinion in Till v. SCS Credit Corp., No. 02-1016, and the decision under review was reversed and the case remanded. You can access the syllabus here; Justice Stevens’ opinion, in which Justices Souter, Ginsburg, and Breyer joined, here; Justice Thomas’s opinion concurring in the judgment here; Justice Scalia’s dissenting opinion, in which the Chief Justice and Justices O’Connor and Kennedy joined, here; and the oral argument transcript here.

5. The Chief Justice delivered the opinion of the Court in Tennessee Student Assistance Corporation v. Hood, No. 02-1606, and the decision under review was affirmed and the case remanded. You can access the syllabus here; the Chief Justice’s opinion of the Court, in which Justices Stevens, O’Connor, Kennedy, Souter, Ginsburg, and Breyer joined, here; the concurring opinion of Justice Souter, in which Justice Ginsburg joined, here; the dissenting opinion of Justice Thomas, in which Justice Scalia joined, here; and the oral argument transcript here.

Today’s Order List can be accessed here. The Court granted review in no new cases today but did call for the views of the Solicitor General of the United States in one case.

In press coverage of today’s developments at the Court, Anne Gearan of The Associated Press reports that “Top Court Rules in Favor of Disabled Man” and “Supreme Court Shuns Female Pilot’s Appeal.” The AP’s Gina Holland reports that “Top Court Rejects Death Row Case Appeals.” And The AP also reports that “Supreme Court Won’t Hear Copyright Case.”

Posted at 10:00 by Howard Bashman

“Same-Sex Couples Marry in Massachusetts”: The Associated Press provides this report on one of this morning’s same-sex wedding ceremonies.

Posted at 09:41 by Howard Bashman

On today’s broadcast of NPR‘s “Morning Edition“: This morning’s broadcast included segments entitled “Mass. Issues Marriage Licenses to Gay Couples” and “The Legacy of ‘Brown v. Board of Ed.’” (featuring Nina Totenberg). Real Player is required to play these audio segments.

Posted at 09:15 by Howard Bashman

On the agenda: The Supreme Court of the United States is scheduled to issue an Order List and one or more opinions in argued cases at 10 a.m. today. Today is also the first day in which same-sex marriages are legal in Massachusetts as a result of a ruling (accessible in both PDF and HTML formats) that the Supreme Judicial Court of Massachusetts issued on November 18, 2003. And finally, today is the 50th anniversary of the Supreme Court’s ruling in Brown v. Board of Education. In recognition of that anniversary, today is the grand opening of the Brown v. Board of Education National Historic Site.

Posted at 09:00 by Howard Bashman

“Lawyers say courts-martial fairer than civilian trials”: The Dallas Morning News today contains this article.

Posted at 08:55 by Howard Bashman

“A wrong, righted: The landmark desegregation ruling changed America forever.” This article appears today in The Wichita Eagle. And in related news, “Restored Topeka school now showcase for historic ruling.”

Posted at 08:50 by Howard Bashman

“Must We Become More Like the Barbarians To Save Ourselves?” Stuart Taylor Jr. has this essay today in National Journal.

Posted at 08:44 by Howard Bashman

“From Law Clerk to Chief Justice, He Has Slighted Rights; Rehnquist’s 1952 memo sheds light on today’s court”: Law Professor Cass R. Sunstein has this op-ed today in The Los Angeles Times.

Posted at 08:10 by Howard Bashman

“Utahn steeled for Senate confirmation hearings”: The Salt Lake Tribune today contains this profile of new D.C. Circuit nominee Thomas B. Griffith.

Posted at 07:20 by Howard Bashman

“Cambridge Ties the Knot; Over 260 same-sex couples file for marriage licenses”: The Harvard Crimson today contains this report. In somewhat related news, The Arizona Republic today reports that “Arizona men take same-sex marriage issue to state high court.”

Posted at 07:11 by Howard Bashman

“Thomas: Don’t quit on values; Justice tells Ypsilanti law school graduates to forget about ‘can’t.'” This article appears today in The Detroit News.

Posted at 07:05 by Howard Bashman

In today’s issue of The Topeka Capital-Journal: Today’s newspaper contains articles headlined “Justice among those at invitation-only event“; “Faces of Brown — Sacrifice for duty“; “Lawyer remembers third phase of Brown case“; “Six states represented at march; A ‘rebirth’ of the civil rights movement needed, speakers say“; “Pastor: Hand of God seen in Brown decision“; and “Minorities rare in Topeka politics; Topeka mayor among exceptions.”

Posted at 07:00 by Howard Bashman

In Monday’s newspapers: The New York Times, in same-sex marriage-related news, reports that “Gay Marriage Opponents in Massachusetts Keep Low Profile” and “Provincetown’s Days in Sun Are Coming Early This Year.” In business news, “Case Expands Type of Lies Prosecutors Will Pursue” and “From Bankrupt to Billions, With Big Investment of Time.” An article reports that “Panel Urges New Protection on Federal ‘Data Mining.’” In local news, “Who’s Who on the Bench? Who Can Tell.” An editorial is entitled “The Dark Side of America.” Justice Stephen G. Breyer has an op-ed entitled “A Decision That Changed America Also Changed the Court.” Andrew Sullivan has an op-ed entitled “Integration Day.” Law Professor Michael J. Klarman has an op-ed entitled “Better Late Than Never.” Albert Preston has an op-ed entitled “Equality at the Front of the Class, Too.” Columnist William Safire has an op-ed entitled “Security With Liberty.” And letters to the editor appear under the heading “The Legacy of Emmett Till.”

The Washington Post reports that “Gay Couples Line Up for Mass. Marriages; At Midnight, Cambridge Becomes First to Issue State-Sanctioned Licenses.” In school desegregation-related coverage, “Schools and Lives Are Still Separate; In Town That Helped Trigger Ruling, The Desegregation Revolution Fizzled“; “Remembering a Segregated Childhood; Education Secretary Paige Says Brown v. Board of Education Helped Shape His Ideas“; and “Private Schools’ Shift Was Slow, Painful for First Enrolled Blacks.” An article reports that “Oregon Roiled By Politician’s Sordid Secret.” In regional news, “Legality Of Md.’s DNA Bank Challenged; Rights of Felons Cited in Rape Case.” An editorial is entitled “50 Years After Brown.” And columnist William Raspberry has an op-ed entitled “Brown Isn’t Enough.”

Finally, The Wall Street Journal contains an editorial entitled “Geneva for Demagogues: The facts about the rules of war and U.S. interrogation in Iraq.”

Posted at 06:25 by Howard Bashman

“Are camera phones too revealing? Locker room snooping, school cheating prompt bans, high-tech protection plans.” This article appears today in The San Francisco Chronicle.

Posted at 23:50 by Howard Bashman

Brown v. Board of Education at 50: The Associated Press offers this very interesting interactive report.

Posted at 23:45 by Howard Bashman

“This Roughhousing at Recess Must Cease”: Law Professor Jonathan Turley in today’s issue of The Los Angeles Times has an op-ed, which I have already linked to toward the end of this very long post, that unquestionably deserves additional attention.

Turley’s op-ed begins:

The boys and girls in Washington have been misbehaving at recess again. After Congress adjourned without confirming a number of President Bush’s judicial nominees, Bush put two of his more controversial nominees on the federal courts without Senate confirmation as temporary “recess appointments.” The Democrats have now refused to play with the president — barring all votes on judicial nominees — until he promises to behave during recess.

Putting aside the unrestrained hypocrisy and hyperbole on both sides, recess appointments have long plagued our system and should be finally addressed with a simple rule: an automatic rejection of any judicial nominee given a recess appointment.

The recess appointment clause represents one of the few glaring errors by the framers in drafting the Constitution. While the framers gave the Senate the sole authority to confirm such nominations, they also gave the president the authority to temporarily appoint officials without Senate confirmation when Congress was not in session. Though the framers may never have intended to create judicial recess appointments, the matter is not clear in the text. Presidents have used that ambiguity to repeatedly do what the Constitution was designed to prevent: appoint temporary judges who sit without either Senate confirmation or lifetime tenure.

You can access the complete op-ed at this link.

Posted at 23:25 by Howard Bashman

In Monday’s edition of The New York Times: Monday’s newspaper will contain articles headlined “Massachusetts Arrives at Moment for Same-Sex Marriage” and “50 Years After Brown, the Issue Is Often Money.”

Posted at 23:05 by Howard Bashman

In Sunday’s newspapers: The New York Times reports that “Hearts Beat Fast to First Strains of the Gay-Wedding March.” A related article is headlined “Freedom to Marry, and to Spend on It.” The Sunday Book Review section features a review by Samuel G. Freedman entitled “Still Separate, Still Unequal.” A related interview transcript is headlined “Black, White and Brown.” The Week in Review section contains an article headlined “Fifty Years of Bridging the Gap.” A related graphic can be accessed here. An article reports that “Prison Guard Calls Abuse Routine and Sometimes Amusing.” The Week in Review section contains related articles headlined “What’s Wrong With Torturing a Qaeda Higher-Up?“; “There’s No Escape When War Turns Ghoulish“; and “Accountable, Responsible or Something in Between.” In local news, “Rare Tool Guided Williams Jury: An Instruction Manual” and “That Spectator? It’s Juror No. 4.” And an editorial is entitled “Brown v. Board of Education.”

The Washington Post reports that “Massachusetts Clergy Are Divided On Eve of Historic Same-Sex Unions.” In other news, “Disparity Threatens Legacy Of School Desegregation Case.” An article reports that “Rejection Of Prison Abuse Was Sought; Administration Was Reluctant, Groups Say.” An editorial is entitled “The Policy of Abuse.” And columnist George F. Will has an op-ed entitled “In 1954, A Change Of Heart.”

The Washington Times reports that “Gays poised to wed legally.” In other news, “Conflict on deportation stalls gang legislation.” And Daniel J. Gallington has an op-ed entitled “Any abuse justified?”

The Boston Globe, in same-sex marriage-related news, reports that “Same-sex couples heading to Bay State to marry“; “Two DAs say they won’t charge clerks who defy 1913 law“; “Hesitant at first, a movement raced to ‘we do’“; “For one couple, joy is mixed with worry“; and “Wedding option energizes teenagers at Youth Pride rally.” An article reports that “As threats to US changed, so did prison tactics.” In desegregation-related news, “Bush plans talk about race; On desegregation case’s anniversary, mistrust lingers“; “Calif. busing fight puts focus back on local schools; Desegregation plan set to expire“; and “30 years after historic ruling, views, goals shifting.” An editorial is entitled “The call of equality.” Law Professor Derrick Bell has an op-ed entitled “The failed legacy of Boston school desegregation; 50 years after Brown v. Board of Education.” And columnist Jeff Jacoby has an op-ed entitled “The end of the gay marriage debate?”

The Los Angeles Times contains an article headlined “For Massachusetts Gays, the Wedding Countdown; Anticipation builds at parties across the state as same-sex couples prepare to get licenses when the law goes into effect Monday.” An article reports that “Abuse Brings Deaths of Captives Into Focus; At least 18 U.S. detainees in Iraq and Afghanistan died from apparent ill treatment or shootings.” In related news, “2 Ex-Prisoners in Afghanistan Tell of Abuse; U.S. forces again pledge to investigate charges of mistreatment of detainees; An American human rights group speaks of a widespread pattern of problems.” An article from The Associated Press that is the first in a two-part series is headlined “A Hopeful Journey Turns Toward Terror; More than 40 migrants cram into a big rig, bound for Dallas and better lives in the U.S.” Another article from The AP reports that “Family Feud May Consume Knife & Fork; Operation of the noted Atlantic City restaurant was always contentious, but now a son is fighting for livelihood he says his father promised to him.” An article is headlined “A Bad Run for Elections Firm; Diebold was on track to capitalize on electronic balloting; But March primary woes and civil, criminal probes have put its prospects at risk.” In other news, “L.A.’s Outside Legal Bills Surge; Most of the law firms give to Hahn, Delgadillo campaigns.” An op-ed by Jim Newton is entitled “Ahead of the Curve on Integration.” And Law Professor Jonathan Turley has an op-ed entitled “This Roughhousing at Recess Must Cease.”

Finally, online at OpinionJournal, Thomas Sowell has an essay entitled “When Rhetoric Beats Reasoning: The baneful consequences of Brown v. Board of Education.”

Posted at 22:01 by Howard Bashman

“Massachusetts as gay wedding capital: the national effect; Massachusetts’ move will ricochet across nation as out-of-staters take licenses home.” This article will appear in Monday’s issue of The Christian Science Monitor.

Posted at 19:24 by Howard Bashman

“Massachusetts Hours Away from Legal Gay Marriages”: Reuters provides this report.

Posted at 19:20 by Howard Bashman

“State could receive share of trial awards; Potential controversy in budget proposal”: This article appears today in The Sacramento Bee.

Posted at 19:18 by Howard Bashman

“Clarence Thomas tells law school graduates make decisions by principle”: The AP provides this report from Michigan.

Posted at 19:15 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Crowds Gather for Gay Weddings in Mass.“; “Q&A About Gay Marriage in Massachusetts“; “Brown Decision Altered Lives of Plaintiffs“; “Historic Site Shows Civil Rights Struggle“; “Family of Terror Suspect Waits for Answers“; “Improvements to U.S. Prisons Sought“; and “Brown Sister: Lawyer ‘Trashed’ Family.”

Posted at 19:03 by Howard Bashman

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained a segment entitled “Gay Marriage to Debut in Massachusetts.”

And this morning’s broadcast of “Weekend Edition – Sunday” contained a segment entitled “Mass. Prepares to Make Gay Marriages Official.”

Posted at 18:55 by Howard Bashman

“Marshall led way to ruling; The Baltimore native figured prominently in the Brown case – and in the Maryland actions that presaged it”: The Baltimore Sun today contains this article. That newspaper also reports today that “Douglass still struggling; Pre-Brown alumni of Frederick Douglass High School rue the effects of desegregation on their alma mater.”

The Oklahoman today reports that “Lawyer recalls impressive court arguments.”

The News Journal of Wilmington, Delaware reports that “Brown decision to be commemorated; Wilmington, Hockessin sites will get state historical markers.”

The Journal News of Westchester, New York reports today that “Hillburn remembers Thurgood Marshall” and “Hillburn honors its own.”

The first article in a four part series being published in The Philadelphia Inquirer is headlined “Promises Unfulfilled: Fifty years after Brown v. Board of Education, our region’s schools still struggle for integration and equality.”

The Chicago Tribune today reports that “Historic ruling just fight’s opening bell; School battles in Rockford and Baton Rouge show the difficulty of ending racial injustice.”

The Clarion-Ledger of Mississippi reports that “Ruling challenged Southern way.” A related article is headlined “Desegregation: A legal look.”

St. Petersburg Times columnist Martin Dyckman today has an essay entitled “After Brown, the law was on his side, but the Florida Supreme Court wasn’t.”

The San Francisco Chronicle today reports that “California Latinos’ suit in ’47 set stage for Brown decision.”

And The Detroit News today reports that “Family named in case proud of equality fight; But some Bradleys still dealing with fallout.”

Posted at 17:05 by Howard Bashman

“Weddings held to defy state; Same-sex couples’ nuptials acts of civil disobedience”: This article appears today in The Arizona Republic.

Posted at 15:21 by Howard Bashman

In today’s issue of The Topeka Capital-Journal: A bit later, I intend to post a sampling of coverage related to Brown v. Board of Education published today in newspapers across the Nation. This post focuses on coverage found in what could be viewed as the decision’s hometown newspaper.

Today’s lead story is headlined “A step back: Segregation rises, achievement gap thrives on Brown anniversary.” And related articles are headlined “50 years after Brown: Job not done; Racial equality still elusive“; “NAACP: Schools remain unequal; Inequities present challenge to U.S., leaders say“; “NAACP chief’s roots recalled; Bond says his family’s fight for integration and equality began generations ago“; “Jackson attends event“; “Gathering the story“; and “Supremacists a minority; Large police presence oversees peaceful protest.”

Posted at 15:10 by Howard Bashman

“The same-sex marriage argument that Justice Scalia fears”: Emily Bazelon, Senior Editor at Legal Affairs magazine, has this essay today in The Boston Globe.

Posted at 10:48 by Howard Bashman

“Rehnquist lauds Ohio courthouse; Refurbished building first opened in 1933”: This article appears today in The Toledo Blade. And The Cleveland Plain Dealer today contains an article headlined “Rehnquist’s past? Funny you should ask.”

Posted at 08:56 by Howard Bashman

In Saturday’s newspapers: The Washington Post reports that “Court Questions Al Qaeda Contact; Moussaoui Case Could Stall Again.” In somewhat related news, “FBI Questioned Berg on 9/11 Link; Suspect in Attacks Stole Computer ID From Iraq Victim.” An article is headlined “Death Row Appeal Over Method; Injection Is Cruel Punishment, Attorneys for Md. Killer Argue.” In same-sex marriage-related news, “Foes of Gay Marriage Rally, Say Fight Isn’t Over; Plans Include Push to Amend Constitution“; “Kerry Again Opposes Same-Sex Marriage; But Democrat Has Gay Groups’ Vote“; and “For Gays Set to Marry, Some Obstacles Remain; Massachusetts Couple Struggling With Issues of Family and Religion.” An article reports that “Leak Prosecutor Seeks To Question Reporters.” In news from Virginia, “Ex-Chief Of Local United Way Sentenced.” And Charles T. Clotfelter has an op-ed entitled “The Decline of Diversity in Our Schools.”

The New York Times reports that “New York May Honor Out-of-State Marriages.” In other news, “Top Commander Bars Coercive Tactics in Interrogation of Iraqis.” In regional news, “Impeachment Process Proceeds in Connecticut” and “Woman Is Spared Prison in Case Tied to Son’s Suicide.” Adam Liptak has a review of the book “The Myth of Moral Justice: Why Our Legal System Fails to Do What’s Right,” by Thane Rosenbaum. An editorial is entitled “A Quiet Victory for Civil Rights.” White House Counsel Alberto R. Gonzales has an op-ed entitled “The Rule of Law and the Rules of War.” And a letter to the editor is entitled “Religious Freedom.”

The Boston Globe, in same-sex marriage-related news, contains articles headlined “Opponents lose bid to halt gay marriage; Supreme Court rejects request for injunction“; “SJC’s Marshall avoids hot topic at Wheelock; Eyes social issues, not gay marriage“; “DA eyes legal action for license violations“; “Writer urges civility on gay marriage“; “Kerry aims to keep peace with gays“; “Gays have suitors in wedding industry; Firms hope to cash in as legal vows begin“; and “Will gay couples take hurried walks down the aisle?” In other news, “Local ACLU faults antiterror tactics; Less freedom doesn’t equal safer, report says.” And Law Professor Alan Dershowitz has an op-ed entitled “Covering up the coverup.”

In The Los Angeles Times, David G. Savage reports that “Vintners Can’t Ship, but Supreme Court Might Take Up Cases; Small wineries are challenging laws that keep them from mailing products to consumers in other states.” An article reports that “Low-Pants Ban Is High on List; A Louisiana bill proposes fines for showing underwear or body parts through clothing.” In military justice-related news, “Iraq Prison Case Attorney a Military Law Expert; The former Marine representing an Army specialist is expected to try to turn photos that appear to show abuse into defense tools” and “Iraq Cases Put Focus on Military Justice.” In regional news, “Case of a Lawyer’s Court Appearance; A Superior Court judge criticizes a pregnant attorney’s choice of courtroom attire; He later apologizes“; “A New Approach to School Equality; Fifty years after Brown ruling, parents and officials downplay racial balance in favor of better education for California’s minorities“; “Church Documents Referee Agrees to Make Rulings Public“; “O.C. Murder Case Appeal Cites Media Fabrications; An Anaheim woman serving life for two slayings says her lawyer was barred from challenging a reporter who testified against her“; “Judge to Defer Civil Court Hearings; Riverside County moves to address its chronic backlog of criminal cases by suspending other sessions in Riverside and Indio“; and “Obscurity in L.A. for Notorious Fugitive.” In business news, “Hyundai Proposes Settlement.” And Elyce Wakerman has an op-ed entitled “Does a ‘No’ Automatically Make It Rape? For a Laker fan, the Bryant case generates some tough questions.”

Finally, OpinionJournal offers an op-ed by David B. Rivkin Jr. and Lee A. Casey entitled “The Limits of a Leasehold: Supreme Court intervention at Guantanamo would violate Cuba’s rights.”

Posted at 23:44 by Howard Bashman

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Legal Advice Urged for Gay Marriage Hopefuls” and “U.S. Prisons Face Guard-Inmate Tensions.”

This morning’s broadcast of “Weekend Edition – Saturday” contained a segment entitled “Integration in Chicago.”

Yesterday’s broadcast of “All Things Considered” contained segments entitled “Rights of Gays Planning to Wed in Massachusetts“; “Commentary: ‘Brown v. Board of Education’ Memories“; “‘Light’ Cigarette Lawsuit Could Gain Class-Action Status“; “Defense Attorneys Prepare for Iraqi Abuse Trials“; “Critics Say Abuse Stems from War on Terror Policies“; “Indiana Catholic Priest Refuses Background Check“; and “Bishop: No Communion for Abortion-Rights Supporters.”

Yesterday’s broadcast of “Day to Day” contained segments entitled “Conflicting Regulations Confuse Mass. Gay Marriage” and “Former KKK Leader David Duke to be Released.”

And yesterday’s broadcast of “Morning Edition” contained segments entitled “Brown vs. Board of Education” and “Mass. Justice of the Peace Resigns Over Gay Marriage.”

Posted at 23:22 by Howard Bashman

In news from New Hampshire: The Union Leader today contains articles headlined “Benson’s signature bars gay marriage recognition” and “Council likely to approve Broderick.”

Posted at 23:21 by Howard Bashman

“High court post fails to attract nominees from Superior Court; Several jurists express disappointment that those serving on the lower-court bench decided against seeking advancement”: This article appears today in The Providence (R.I.) Journal.

Posted at 23:19 by Howard Bashman

In news from Oregon: The Oregonian today reports that “Federal law cloaks detention; The secrecy around an Oregon arrest in the Spain attack shows how critical a tool the witness statute has become.” And yesterday that newspaper reported that “Gay-marriage foes win ruling; Petitioners are poised to seek signatures after Oregon justices approve the ballot title for a bid to ban same-sex marriage.”

Elsewhere, today The Salem Statesman Journal reports that “Opponents of gay marriage face tall order; They must collect 100,840 signatures by July 2 to get a ban on the ballot.”

Posted at 23:14 by Howard Bashman

“Disney foes in Pooh case want new Calif. trial”: Reuters provides this report.

Posted at 23:13 by Howard Bashman

“Court hears polygamy appeal”: This article reporting on news from Pennsylvania appears today in The Salt Lake Tribune.

Posted at 23:11 by Howard Bashman

“Cincinnati’s first family: The Tafts.” This article appears today in The Cincinnati Post.

Posted at 23:09 by Howard Bashman

“High court upholds curfew law; City has ‘compelling interest’ in protecting juveniles”: The Anchorage Daily News today contains this article reporting on a decision that the Supreme Court of Alaska issued yesterday.

Posted at 23:06 by Howard Bashman

“Bill aims to put God-related mottoes in schools”: This article appears today in The Cleveland Plain Dealer.

Posted at 23:03 by Howard Bashman

In today’s edition of The Topeka Capital-Journal: Today’s newspaper contains articles headlined “Faces of Brown — Center of movement; ‘If it wasn’t for Burnett, there wouldn’t be a Brown’“; “Brown ruling created friendship“; “NAACP summit: No return to past; Mfume says blacks’ strides are here to stay“; and “Activists reflect on Brown; Speakers say progress is ongoing.”

In somewhat related coverage, The Salem (Ore.) Statesman Journal today contains an article headlined “Landmark ruling cost many black teachers; Districts fired the educators after the high court banned segregation.” And Voice of America News provides this profile of Thurgood Marshall.

Posted at 22:57 by Howard Bashman

“Palm Beach settles over Nativity scene”: This article appears today in The Palm Beach Post.

Posted at 22:54 by Howard Bashman

“Bible verse to remain on fire truck; Mayor allows it to stay because it makes no mention of God”: The Chronicle-Tribune of Marion, Indiana today contains an article that begins, “A Bible verse will remain on a Marion city fire truck, despite concerns that the Christian quotation is not appropriate on vehicle that is funded by taxpayers.”

Posted at 22:50 by Howard Bashman

“Ten Commandments hauled away from city hall”: This article appears today in The Duluth News Tribune. And in earlier coverage, that newspaper reported yesterday that “Removal is written in stone; A federal judge orders the city to remove the monument as part of the lawsuit settlement.” Photographs of the monument’s removal can be found at this link.

Posted at 22:46 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Ten Commandments Monument Removed in Minn.“; “Massachusetts to Hold Same-Sex Weddings“; “Gay Weddings Take on Political Flavor“; “Pa. Sues Gay Men Seeking Marriage License“; “White Supremacists Rally by Kansas School“; “Gov. Wants Calif. to Get Damage Awards“; “Interrogators Say Abuse Doesn’t Yield Info“; “Judge Apologizes to Pregnant Lawyer“; “Honduras Asks Texas to Commute 2 Sentences“; “Longtime Death Row Inmate Gets Hearing“; and “Sister: McVeigh Rarely Spoke of Nichols.”

Posted at 22:30 by Howard Bashman

“Chief justice notes history of buildings just for courts”: The Associated Press provides this report on the speech that Chief Justice Rehnquist delivered today in Ohio. In related news, The New York Times today reports that “Ohio Groups Question Justice’s Trip on Utility Jet.”

Posted at 16:57 by Howard Bashman

“First Witness: John Rowland; Impeachment Panel Ready To Make Case.” The Hartford Courant today contains an article that begins, “The legislative committee investigating Gov. John G. Rowland surprised his lawyers with disquieting news Friday: Rowland will be the first witness called to publicly testify in his own impeachment inquiry.”

Posted at 16:45 by Howard Bashman

“Budget Seeks 75% of Awards for Damages; Governor hopes system being tried in eight other states will curb shortfall with money from lawsuits; But experts call proposal too optimistic”: The Los Angeles Times today contains an article that begins, “The trial lawyers say it is a horrible idea, but Gov. Arnold Schwarzenegger wants taxpayers to stake a claim to some of the whopping awards juries slap against negligent carmakers, deceptive cigarette companies and fast-food restaurants that serve coffee too hot. In a proposal that took the Capitol by surprise, Schwarzenegger is suggesting the state collect 75% of the punitive damages awarded in civil lawsuits filed in California. After all, the governor says in the revised budget plan he released Thursday, plaintiffs in civil lawsuits already get a separate award to compensate them for their injury or loss.”

Posted at 16:41 by Howard Bashman

“Court oaths draw anger; District Court judge criticized by Lake, other court officials”: The Winston-Salem Journal today contains an article that begins, “Local officials – and the chief justice of the N.C. Supreme Court – criticized a local District Court judge who is giving defendants and witnesses the option of testifying under a secular version of the swearing-in oath and removing other references to God from his courtroom.”

Posted at 16:21 by Howard Bashman

In Sunday’s edition of The New York Times: In tomorrow’s newspaper, Adam Liptak, Michael Moss, and Kate Zernike will have an article headlined “Accused G.I.’s Try to Shift Blame in Prison Abuse.” In other news, “Long After Brown v. Board of Education, Sides Switch.” And an article will report that “Backers of Gay Marriage Ban Find Tepid Response in Pews.”

Posted at 16:15 by Howard Bashman

“Officials brace for world at ‘our doorstep'”: The Cape Cod Times today contains this article.

Posted at 09:38 by Howard Bashman

“Goldschmidt surrenders law license; The resignation will end the Oregon State Bar’s disciplinary inquiry of his admission that he had sex with a 14-year-old girl in the 1970s”: This article appears today in The Oregonian.

Posted at 09:36 by Howard Bashman

“La. Supreme Court returns to long-abandoned N.O. home”: The Advocate of Baton Rouge, Louisiana today contains this article.

Posted at 09:34 by Howard Bashman

“Rehnquist’s Corporate Jet Trip Questioned”: The Associated Press provides this report.

In unrelated news, the Chief Justice will be appearing tonight on C-SPAN2’s broadcast of Book TV.

Posted at 09:30 by Howard Bashman

“Detainee wins freedom after 3 years in prison; ‘I’m sorry it’s taken so long,’ an immigration judge told her in a courtroom in York, Pa.; She had fled the civil war in Congo in late 2000”: This article appeared yesterday in The Philadelphia Inquirer.

Posted at 07:48 by Howard Bashman

In Friday’s newspapers: The New York Times reports that “Gays Elsewhere Eye Marriage Massachusetts Style.” And Adam Liptak has an article headlined “Execution of Mexican Is Halted.”

The Washington Post reports that “Former Rite Aid CEO Signs New Plea Deal; Judge to Decide On Prison Time Up to 10 Years.”

The Boston Globe, in same-sex marriage-related news, reports that “Gay marriage opponents see fight getting tougher; Setback likened to Roe v. Wade“; “Federal bid to overturn SJC fails“; and “Survey: Gay marriages to be sought in 133 communities.” In other news, “SJC says probe of church files OK; Ruling would affect sexual abuse cases.” An article reports that “Prison rules ‘not humane’; Iraq interrogation guidelines possibly illegal, officials concede.” And columnist Scot Lehigh has an op-ed entitled “Does Massachusetts really need a death penalty?”

The Los Angeles Times reports that “Boston Blocks Marriage of Nonresident Gays; City follows governor’s edict; Officials in other Massachusetts towns plan to issue licenses without proof of residency.” In other news, “U.S. Military Lawyers Felt ‘Shut Out’ of Prison Policy; They said civilian political lawyers were deciding how prisoners could be questioned; At issue is how to interpret the Geneva Convention.” In news from Oregon, “Harsh Spotlight on Old Secret.” Bill McKibben has an op-ed entitled “Ashcroft Fishes Out 1872 Law in a Bid to Scuttle Protester Rights; Sailor-mongering act rises from history as the feds try to cripple Greenpeace.” And a letter to the editor appears under the heading “Death Penalty’s Purpose.”

Posted at 23:50 by Howard Bashman

“Brown v. Board of Education set in motion a spate of controversial cases”: Stephen Henderson of the Knight Ridder Newspapers provides this report.

Posted at 23:48 by Howard Bashman

“Justice Dept. Must Clarify Role in Inquiry”: Saturday’s issue of The New York Times will contain an article that begins, “A federal appeals court has demanded that Justice Department prosecutors explain their ‘arguably inconsistent’ statements about their involvement in the interrogation of captured terrorists of Al Qaeda who might provide valuable information to lawyers defending Zacarias Moussaoui, according to a court order made public Friday.” You can access at this link a copy of the order that the U.S. Court of Appeals for the Fourth Circuit made public today.

Posted at 23:30 by Howard Bashman

Today’s rulings of note from the U.S. Court of Appeals for the D.C. Circuit: Thanks to Law Professor Jonathan H. Adler and Juan Non-Volokh for ensuring, notwithstanding my absence this morning, that no one went uninformed on today’s noteworthy D.C. Circuit rulings. In connection with today’s Title IX, men’s collegiate wrestling decision, The Associated Press reports that “Title IX Deemed Nondiscriminatory.”

Posted at 23:21 by Howard Bashman

In news from Washington State: The Associated Press offers an article headlined “State Supreme Court bars prison work plan” that begins, “The state Supreme Court yesterday threw out Washington’s ‘free venture’ prison labor program, holding that it is unconstitutional to essentially sell inmate labor to private enterprise. The court, in an unusual 5-4 ruling, overturned its own 2003 ruling, following a rehearing that turned up extensive historical information and scholarship about prison labor practices at the time the state constitution was drafted in the late 1800s.” Both the majority opinion and the dissenting opinion that the Supreme Court of Washington State issued yesterday are available online.

The Seattle Times today contains an article headlined “Court: Attorney-client privilege overrides open-records law.” And The Seattle Post-Intelligencer reports that “Public records ruling ‘troubling’; Some monorail, Sound Transit files are off-limits, court decides.” Both the majority opinion and the dissenting opinion that the Supreme Court of Washington State issued yesterday are available online.

Finally, The Seattle Post-Intelligencer reports today that “Court-martial urged for Lynnwood soldier.”

Posted at 23:12 by Howard Bashman

“Faces of Brown — Legacy of integrity; State attorney Paul Wilson believed utterly in the role he played in the case that altered America”: The Topeka Capital-Journal today contains this article. That newspaper today also contains articles headlined “White separatists to conduct rally; Event will take place in park near Brown site” and “Veritable who’s who list coming; Politicians, notables, activists will take part in Brown dedication.”

Posted at 23:09 by Howard Bashman

In news from Wisconsin: The Milwaukee Journal Sentinel today reports that “Court strikes down casino deal; Justices say Doyle exceeded authority with new games, open-ended compact.” And The Wisconsin State Journal reports that “Court makes future of gambling a crapshoot.”

Posted at 23:01 by Howard Bashman

“Judge on fund cut: ‘I’m not activist’; Judge Terry Bullock says his telling the Legislature to fix school funding, instead of taking charge of it himself, is the opposite of activism.” This article appears today in The Wichita Eagle. And a related article is headlined “Sebelius allays anxieties over ruling’s fallout.”

Posted at 22:58 by Howard Bashman

“Endres’ lawyer argues ‘Hobson’s choice’ to Supreme Court; Riverboat assignment for state trooper still at issue”: This article appears today in The South Bend Tribune. And The Associated Press offers an article that begins, “A state trooper fired for refusing to work at a casino asked the Indiana Supreme Court to order him reinstated — weeks after the U.S. Supreme Court declined to hear his appeal.”

Posted at 22:55 by Howard Bashman

“Ensley coach awaits word on high court hearing firing case”: The Birmingham News today contains an article that begins, “An Ensley High School teacher and coach who claimed in a lawsuit he lost his coaching position after complaining about unfair treatment for the girls basketball team is waiting to see if the U.S. Supreme Court will hear his case.”

Posted at 22:33 by Howard Bashman

“Mexican man’s death penalty lifted; World court swayed Oklahoma decision”: The San Diego Union-Tribune today contains this report.

Posted at 22:11 by Howard Bashman

“Rocky River halts juror substitutions”: An article published today in The Cleveland Plain Dealer begins, “Too busy to be bothered with jury duty? No problem at Rocky River Municipal Court. Not, at least, until Tuesday, when the court ended a decades-long practice of allowing the summoned to choose substitutes to perform the duty.”

Posted at 22:07 by Howard Bashman

“Giving tape to defense ruled not distribution”: The Reno Gazette-Journal today contains an article that begins, “The Nevada Supreme Court ruled Thursday that Washoe County prosecutors would not be violating the law against the distribution of child pornography by giving a copy of a videotape showing adults having sex with a teen to a defense lawyer.” You can access Thursday’s per curiam ruling of the Supreme Court of Nevada at this link.

Posted at 22:00 by Howard Bashman

“Scandal could weaken U.S. stand on detainees; The administration’s legal effort to keep the Guantanamo prison camp and the cases of ‘enemy combatants’ outside the review of judges has been hurt, said several experts and former officials”: This article appears today in The Miami Herald.

Posted at 21:46 by Howard Bashman

“Tainted by Torture: How evidence obtained through coercion is undermining the legal war on terrorism.” Phillip Carter, whose blog you can access here, today has this jurisprudence essay online at Slate.

Posted at 21:37 by Howard Bashman

“Politics, religion clash at campus; Commencement speaker’s death penalty role faulted; Offer of honorary degree revoked; Mount St. Mary’s reflects Catholic Church dispute”: The Baltimore Sun today contains an article that begins, “As a debate swirls in the Catholic Church over how to treat Catholic politicians who back abortion rights, Mount St. Mary’s College has withdrawn an offer of an honorary degree to White House counsel Alberto Gonzales after a campus protest over his support for the death penalty. The reversal came after some students and faculty asked that Gonzales, a potential Supreme Court candidate, not speak at the Catholic college’s commencement May 23 because of his record on the death penalty, said Mount St. Mary’s President Thomas H. Powell.”

Posted at 21:34 by Howard Bashman

“Chief justice criticized for Ohio travel plans; Rehnquist will ride corporate jet to dedication”: The Toledo Blade today contains an article that begins, “When Chief Justice William Rehnquist of the U.S. Supreme Court swoops in and out of Ohio tomorrow to dedicate the state’s new 15-story judicial center, he will fly on American Electric Power’s corporate jet.”

Posted at 21:29 by Howard Bashman

“One, free bite; Ruling might hurt dog prosecutions”: The Salina Journal today provides a news update that begins, “It could be more difficult to prosecute owners of vicious dogs as a result of a Kansas Supreme Court ruling issued Friday.” You can access today’s ruling of the Supreme Court of Kansas at this link.

Posted at 21:17 by Howard Bashman