“Download Debate”: This evening’s broadcast of PBS‘s “The NewsHour with Jim Lehrer” contained a report described as follows “Later this month, the Supreme Court will hear a much anticipated copyright case, MGM vs. Grokster, which pits the entertainment industry against the makers of software that allows people to exchange music and movies.” You can hear the report via RealAudio by clicking here.
“Miranda seeks U.S. probe”: Tuesday’s edition of The Hill will contain an article that begins, “A former top aide to Senate Majority Leader Bill Frist (R-Tenn.) is accusing Judiciary Committee Democrats of using threats to convince a lobbying firm not to hire him.”
Available online from law.com: Tony Mauro has an article headlined “Supreme Court: Tax Court Must Make Proceedings Public.”
Jeff Chorney reports that “9th Circuit Reinstates HIV Suit Against American Airlines.”
Jonathan Ringel reports that “11th Circuit Lets Metabolife off the Hook in $3.5M Case; Battle over expert witnesses was a key point in the case.”
And an article is headlined “Curtains Raised for Change at DOJ? Gonzales expands inner circle, reaches out to Justice Department’s rank and file.”
In Tuesday’s edition of The New York Times: Neil A. Lewis will have an article headlined “U.S. Eroding Inmates’ Trust at Cuba Base, Lawyers Say.”
And in other news, “Bankruptcy Bill Is Arena for Abortion Fight.”
“Mexicans on Death Row to Get Hearings; Bush Tells Texas Courts to Review Cases of 51 Denied Consular Aid”: Charles Lane will have this article Tuesday in The Washington Post.
“Justices, 7-2, Reject Secrecy at Tax Court”: Linda Greenhouse will have this article Tuesday in The New York Times.
“DNA evidence found in house where judge’s family was killed”: This article will appear Tuesday in The Chicago Tribune.
“In wake of killer tsunami comes dangerous litigation”: “How Appealing” reader Daniel Lyons has this op-ed today in The Baltimore Sun.
This morning, Reuters reported that “Victims Sue Thailand, U.S., Accor Over Tsunami.”
“Illness has made Specter more resolute, friends say”: Tuesday’s edition of The Philadelphia Inquirer will contain an article that begins, “Despite a steady stream of criticism from conservatives, Senate Judiciary Committee Chairman Arlen Specter, R-Pa., shows no willingness to accelerate an anticipated partisan showdown over judicial nominees.”
“Internet Author Says He Has Addresses Of More Federal Judges; Turner Claims He Means No Harm To Judges”: NBC5.com in Chicago provides this report.
And The Fort-Worth Star-Telegram has a news update headlined “Women accused of threatening judge.”
“Supreme Court Ten Commandment Cases”: That was the topic of this past Saturday’s broadcast of C-SPAN‘s “America & the Courts.” You can view the program online by clicking here (RealPlayer required).
On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained segments entitled “Tax Court Fact Reports May Not Be Kept Secret, High Court Rules” (featuring Nina Totenberg) and “Gangs Reach Out of Prison to Commit Crimes.” RealPlayer is required to launch these audio segments.
The Senate Judiciary Committee has posted its notice for tomorrow’s confirmation hearing for D.C. Circuit nominee Thomas B. Griffith: You can access the notice at this link.
“Tobacco Opens Defense in Racketeering Trial”: Reuters provides this report. And in other coverage, The Associated Press offers a report headlined “Scientist: Tobacco Co. Tried to Curb Risks.”
That’ll teach me to go on vacation: Two Saturday’s ago, on the day that I returned from vacation, The Salt Lake Tribune published an article headlined “Watchdog group wants polygamous judge unseated.” The judge’s lawyer is quoted in the article as arguing that just because the judge has three wives and thirty-two children doesn’t mean that he’s not a good judge.
“Griffith: Round Two for Unfit Judicial Nominee.” The organization People For the American Way issued this news release today and also sent a related letter to all members of the Senate Judiciary Committee.
“A nuclear option: Republicans shouldn’t blow up the Senate over nominations.” The Concord (N.H.) Monitor contains this editorial today.
The Oregon Daily Emerald today contains an editorial entitled “Conservative appointees drive wedge in Congress.”
This week’s issue of The Niagara Falls Reporter contains an essay by John Hanchette entitled “Senators waste time maneuvering.”
And in The Charlotte Observer, syndicated columnist Marianne Means yesterday had an essay entitled “Closing down the Senate: Republicans threaten to end the right to judicial filibusters.”
“Seattle marchers back gay marriage; Rally comes 2 days ahead of state Supreme Court arguments”: This article appears today in The Seattle Post-Intelligencer.
“Ten Commandments, nine justices, zero winners”: Online at the First Amendment Center, Charles C. Haynes offers this commentary.
Supreme Court of Pennsylvania to hear oral argument in challenge to the constitutionality of Pennsylvania’s grandparent visitation statute on Monday, May 16, 2005 in Harrisburg: Notice of oral argument arrived from the court in today’s mail. I will be delivering oral argument in that case on behalf of the appellant, a father who is challenging the constitutionality of that law.
Coincidentally, I am today filing in that case the father’s Reply Brief for Appellant, which can be viewed online at this link. The opening Brief for Appellant, which I filed in December 2004, can be accessed here.
Back on December 7, 2004, The Philadelphia Inquirer published a front page article about the case headlined “Pa. top court reviews grandparents’ rights; Father, grandmother clash over visitation.”
U.S. Court of Appeals for the Federal Circuit decides tampon-related patent dispute: This opinion issued today arises from a dispute between rival brands of tampon applicators. I look forward to discussion of the ruling at “Patently-O: Patent Law Blog.”
Update: The summary from “Patently-O: Patent Law Blog” is titled “CAFC: Substantially Flattened Is Defined As Flatter Than A Cylinder” and notes that “As to not disturb the readers, I only provide a link to the patent drawings.”
“Mootness: The Moot Court Blog.” This new blog describes itself as “The Web’s first blog devoted to fake appellate litigation.” I’m relieved to see that a blog now exists devoted to fake appellate litigation, because keeping up with real appellate litigation has left me with precious little time to focus on the fake stuff.
“Court Says Inmates May Use Civil Right Law”: The Associated Press provides this report.
“Marshalling Forces”: CBS News legal analyst Andrew Cohen today has an essay that begins, “The heinous murder of the family of U.S. District Judge Joan Humphrey Lefkow in Chicago last week ought to serve as a wakeup call to Congress, the judiciary, and most of all, the U.S. Marshal Service, which is primarily responsible for protecting federal judges and magistrates.”
“High court declines to hear appeal in immigrant smuggling case”: Harvey Rice of The Houston Chronicle provides this news update.
Dinosaur blog: Today’s installment of the comic strip “Non Sequitur” is funny (via “BuzzMachine“).
“The virtual ‘confrontations’ offered by closed-circuit television systems fall short of the face-to-face standard because they do not provide the same truth-inducing effect.” A unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit today set aside a defendant’s federal criminal conviction for aggravated sexual abuse because at trial the alleged victim, a female child, was allowed to testify against the defendant via a two-way closed-circuit television set-up. You can access today’s ruling at this link.
This decision should supply material for discussion at “The Confrontation Blog.”
“Security a concern to judges; Potential for danger always there, some say”: The South Bend Tribune contains this article today.
“Frosh Sued by Apple Fires Back; ThinkSecret founder moves to dismiss trade secret lawsuit”: This article appears today in The Harvard Crimson.
“Police response faces challenge; Castle Rock lawsuit could alter handling of restraining orders”: The Rocky Mountain News today contains this article reporting on a case that will be argued before the U.S. Supreme Court later this month.
Today’s U.S. Supreme Court opinions and Order List: The Court today issued three opinions in argued cases.
1. Justice Stephen G. Breyer delivered the opinion of the Court in Wilkinson v. Dotson, No. 03-287. You can access the syllabus here, Justice Breyer’s opinion here, Justice Antonin Scalia’s concurring opinion here, Justice Anthony M. Kennedy’a dissenting opinion here, and the oral argument transcript here.
2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Ballard v. Commissioner, No. 03-184. You can access the syllabus here, Justice Ginsburg’s opinion here, Justice Kennedy’s concurring opinion here, Chief Justice William H. Rehnquist’s dissenting opinion here, and the oral argument transcript here.
3. Finally, Justice David H. Souter delivered the opinion of the Court in part in Shepard v. United States, No. 03-9168. You can access the syllabus here, Justice Souter’s opinion here, the opinion of Justice Clarence Thomas concurring in part and concurring in the judgment here, the dissenting opinion of Justice Sandra Day O’Connor here, and the oral argument transcript here. This case produced an unusual line-up of Justices, as the dissenters consist of Justices O’Connor, Kennedy, and Breyer. Chief Justice William H. Rehnquist did not participate in the decision in this case, which had been argued during the Court’s November argument session.
Today’s Order List can be accessed at this link. The Court today granted review in two cases, which Lyle Denniston of “SCOTUSblog” summarizes here.
In early press coverage, Reuters reports that “Supreme Court Won’t Decide Damages from S&L Crisis.”
Hope Yen of The Associated Press reports that “Tax Court Fact Reports Must Be Disclosed” and “Court Declines to Review Immigrant Case.” The AP also offers articles headlined “Court Won’t Hear Immigrant Smuggling Case“; “High Court to Review Miner Lawsuit Appeal“; and “High Court Declines to Clarify Awards.”
“Justice Unit Puts Its Focus on Faith; A little-known civil rights office has been busily defending religious groups”: This article appears today in The Los Angeles Times.
“Parents: Hale Not Involved in Ill. Murders.” The Associated Press provides this report.
“Reed’s Rules: The nuclear option, 19th-century style.” John A. Barnes has this essay today at National Review Online.
“A Government of Men: Justice Kennedy changes his mind; Amazingly, he found that the Constitution changed with him.” John Hinderaker has this essay online at The Weekly Standard.