“Ninth Circuit Doesn’t Flip Over Use of Coin in Verdict; Panel Won’t Reverse Verdict Decided by Coin”: The Daily Journal of California today contained this interesting article reporting on a non-precedential ruling (majority opinion here; dissenting opinion here) that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Available online from law.com: Tony Mauro has articles headlined “Supreme Court Ends Juvenile Death Penalty” and “The Supreme Court’s Own Commandments.” In the second of those two articles, Mauro hilariously reports that the version of the Ten Commandments found in the U.S. Supreme Court’s main courtroom commands viewers to steal, kill, and commit adultery.
Meanwhile, in other news, “Senate Committee Zeroes In on 9th Circuit Nominee’s Record.”
“Democrats on Senate Panel Pummel Judicial Nominee”: Neil A. Lewis will have this article Wednesday in The New York Times.
“Supreme Court, 5-4, Forbids Execution in Juvenile Crime”: Linda Greenhouse will have this article Wednesday in The New York Times.
In Wednesday’s edition of The Washington Post, Charles Lane will report that “5-4 Supreme Court Abolishes Juvenile Executions.” Related articles will be headlined “Malvo Deal Fell Through, Lawyer Says; Pr. William Won’t Try Sniper, Who Offered to Testify Against Muhammad in 2003” and “Ruling Likely to Spare Va. Inmate; Malvo’s Prospects Are Also Affected.”
And David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court Halts Death Penalty for Juveniles.”
“Santa Ana Says Image Is at Stake in Court Fight; Officials fear the city’s role as county seat could be threatened if UC Irvine wins as the site for a new Court of Appeal building”: The Los Angeles Times contains this article today.
“Haunted by Threats, U.S. Judge Finds New Horror”: This article will appear Wednesday in The New York Times.
And The Chicago Tribune on Wednesday will contain articles headlined “Safety becomes concern for more judges, sources say” and “White nationalists continue focus on judge, family.”
“How Bitter Will The Next S. Ct. Nomination Be?” Tom Goldstein has this interesting post online at “SCOTUSblog.”
On this evening’s PBS broadcast of “The NewsHour with Jim Lehrer“: The program contained a segment entitled “Majority Leader Attacks Filibuster Use” (transcript provides link to RealAudio).
And Jan Crawford Greenburg of The Chicago Tribune discussed (RealPlayer required) today’s juvenile death penalty ruling from the U.S. Supreme Court.
“Court Takes Another Step in Reshaping Capital Punishment”: Adam Liptak will have this article in Wednesday’s edition of The New York Times.
“Court upholds legal fees in female kicker case”: The Associated Press provides this report. My coverage from earlier today can be accessed here.
Available online from cbs2chicago.com: The following video reports are available online: “Murder Of Judge’s Family Might Be Linked To Her Career“; “Press Conference About Murders At Home Of Judge Joan Lefkow“; and “One Judge Says Threats Are Sometimes Part Of the Job” (featuring an interview with Senior Seventh Circuit Judge William J. Bauer).
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Supreme Court Raises Eligible Age for Death Penalty” (featuring Nina Totenberg); “Brief Argues That Juvenile Offenders Are Different from Adults“; “Federal Judge’s Husband, Mother Murdered“; and “Senate Revisits Debate over Bush Judicial Nominee.”
In addition, today’s broadcast of “Talk of the Nation” contained a segment entitled “Judicial Appointments in the Bush Era” featuring an interview with Senate Judiciary Committee Chairman Arlen Specter (R-PA).
In Wednesday’s edition of The Christian Science Monitor: Warren Richey will have articles headlined “Juvenile death penalty abolished; In a seminal 5-to-4 decision, the Supreme Court strikes down capital punishment for those who commit crimes under age 18” and “Dispute over public display of the Ten Commandments; The court hears cases Wednesday that challenge public displays.”
An article will bear the headline “One man’s trip from streets to Supreme Court: He’s slept in a tent for years; But now, Thomas Van Orden’s case about church and state is at the pinnacle of law disputes.”
And in other news, “Flap ensues over hiring ex-jurors.”
CNN.com is reporting: Now available online are articles headlined “Malvo won’t stand trial in Virginia case; Prosecutor cites Supreme Court ruling on death penalty” and “Judge finds bodies of husband, mother in home; Authorities ask for public’s help.”
“Bush Accused of Playing ‘Chicken’ Over Judge Picks”: Reuters provides this report.
“Supreme Court Strikes Down Death Penalty for Juveniles”: Charles Lane has this news update online at The Washington Post.
Meanwhile, over at the “Blue Mass. Group” blog, David (whom Eugene Volokh once described as “a liberal former Supreme Court clerk”) has a post titled “I admit that this makes me nervous.”
The Associated Press is reporting: Now available online are articles headlined “Teen Sniper No Longer Faces Death Penalty” and “Gonzales Defends Bomb Suspect’s Detention.”
“Judge McConnell on The Establishment Clause”: The blog “Power Line” offers a post that begins, “Last night, I attended a lecture by Judge Michael McConnell of the 10th Circuit Court of Appeals at the University of Minnesota Law School.”
“Senator Urges Bush to Withdraw Candidates”: Jesse J. Holland of The Associated Press has a report that begins, “A freshman Democratic senator urged President Bush on Tuesday to withdraw all of his renominated judicial candidates, a blow to Republicans who had hoped to get the lawmaker’s support to break possible filibusters.” Today’s statement by U.S. Senator Ken Salazar (D-CO) can be accessed here.
And the text of the “nuclear option” speech that U.S. Senator Robert C. Byrd (D-WV) delivered today on the floor of the U.S. Senate can be accessed at this link.
“Death Row by the Numbers: The Supreme Court invalidates capital punishment for juveniles.” Slate has just posted online this jurisprudence essay by Dahlia Lithwick.
“Wide Divide On Juvenile Justice”: CBS News legal analyst Andrew Cohen has this essay today.
“City gears up slaying probe”: The Chicago Sun-Times offers a news update that begins, “Chicago police have called in detectives from all over the city to investigate the shooting deaths of the husband and mother of U.S. Judge Joan Lefkow.”
“Court Rejects Death Penalty for Juveniles”: David G. Savage of The Los Angeles Times provides this news update.
And today’s broadcast of NPR‘s “Day to Day” contained segments entitled “Slate’s Jurisprudence: Court Abolishes Juvenile Death Penalty” (featuring Dahlia Lithwick) and “Defender Discusses Juvenile Death Penalty Ruling” (featuring Seth Waxman). RealPlayer is required to launch these audio segments.
Duke University loses its challenge to $350,000 attorneys’ fee award in favor of football place kicker who recovered $1 in nominal damages in her Title IX suit: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued this decision in favor of Heather Sue Mercer. An earlier Fourth Circuit ruling in the case can be accessed at this link.
The Associated Press is reporting: Jesse J. Holland reports that “Dems Counter Bush on Judgeship Vacancies.”
And in news from Chicago, “Judge Put Under U.S. Protection in Ill.”
“Task force launched in Lefkow slayings”: The Chicago Tribune has just posted online a news update that begins, “A possible link between the slayings of a federal judge’s husband and mother and the conviction last year of a white supremacist who tried to have her killed is one of several facets an investigative task force will pursue, Chicago officials said today.”
“Senate to Reconsider Bush Judicial Appointees”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
The federal government yesterday filed its petition for writ of certiorari seeking U.S. Supreme Court review of the U.S. Court of Appeals for the Third Circuit‘s decision declaring the Solomon Amendment unconstitutional: A copy of the federal government’s cert. petition is not yet available online, but I will post the petition or link to it just as soon as it becomes available.
In somewhat related news, The Cornell Daily Sun reports today that “Solomon Amendment Panel Stirs Emotions.”
“High Court Ends Death Penalty for Youths”: Hope Yen of The Associated Press provides this report. And James Vicini of Reuters reports that “Supreme Court Bars Executions of Murderers Under 18.”
Available online from The Chicago Tribune: In connection with yesterday evening’s discovery of the dead bodies of a federal judge’s spouse and mother, the blog “Eric Zorn’s Notebook” contains this post. And the newspaper has posted online this audio of an interview (RealPlayer required) with the reporter who wrote this morning’s lead story for that newspaper.
Two shy: At the conclusion moments ago of today’s Senate Judiciary Committee confirmation hearing for Ninth Circuit nominee William Gerry Myers III, Chairman Arlen Specter (R-PA) reported that he counts 58 votes for cloture on the nomination. No Democrat on the committee appears to support the nomination, however, while several appear to oppose it quite adamantly.
Looking for a slap-down of the Supreme Court of Missouri for its failure to follow binding U.S. Supreme Court precedent on the constitutionality of the death penalty for murders committed at 16 or 17 years of age? It would appear that the only place this issue is addressed in today’s juvenile death penalty ruling is in the final two pages of Justice Antonin Scalia’s dissent.
Update: A reader correctly notes that Justice Sandra Day O’Connor also criticizes the Supreme Court of Missouri on this ground at pages 7-8 of her dissent.
From Justice Antonin Scalia’s dissent in today’s decision declaring unconstitutional the death penalty for murders committed before the age of 18: Justice Scalia writes:
The Court thus proclaims itself sole arbiter of our Nation’s moral standards–and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent.
You can access the complete dissent at this link.
BREAKING NEWS — “The Supreme Court has struck down the death penalty for juvenile killers.” The Associated Press provides this news alert.
Today’s U.S. Supreme Court opinions: The Court today has issued two opinions in argued cases.
1. Justice Anthony M. Kennedy announced the opinion of the Court in Roper v. Simmons, No. 03-633. According to early news reports, “High Court Ends Death Penalty for Youths.” You can access the syllabus here, Justice Kennedy’s opinion here, Justice John Paul Stevens’ concurring opinion here, Justice Sandra Day O’Connor’s dissenting opinion here, Justice Antonin Scalia’s dissenting opinion here, and the oral argument transcript here.
2. Justice Stephen G. Breyer announced the opinion of the Court in Cherokee Nation of Okla. v. Thompson, No. 02-1472. You can access the syllabus here, Justice Breyer’s opinion here, Justice Antonin Scalia’s opinion concurring in part here, and the oral argument transcript here.