“Justice Rehnquist and ‘The Freedom of Speech, . . . or of the Press'”: Law Professor Geoffrey R. Stone has this guest post today at “ACSBlog.”
Professor Stone is also debating Law Professor Eugene Volokh this week in legalaffairs.org’s Debate Club feature, on the subject “Forget Free Speech?”
In today’s edition of The New York Times: An editorial is entitled “That Scalia Charm.”
And from London, Iain Duncan Smith — member of Parliament for Chingford and Woodford Green — has a judicial filibuster-related op-ed entitled “Minority Rules.”
“Jurors weigh trucker’s guilt in immigrants’ deaths”: The Houston Chronicle provides this news update.
Available today from National Review Online: Mark R. Levin has an essay entitled “Will on Filibusters: Considering a column and a battle to come.”
And Andrew C. McCarthy has an essay entitled “Lingering Questions: The Schiavo bill passes, but much is still in doubt.”
“Tampa federal court to hear case at 3 p.m.; U.S. District Judge James D. Whittemore will decide the Schindlers’ request to restore their daughter’s feeding tube”: So reports the home page of The St. Petersburg Times. And Reuters reports that “U.S. Judge Orders Hearing in Fla. Right-To-Die Case.”
This demonstrates that there is only so much that the U.S. Congress can do to expedite a decision from a federal court. The final version of the federal legislation signed into law this morning can now be accessed at this link.
U.S. Supreme Court denies review in cases challenging the constitutionality of William H. Pryor, Jr.‘s recess appointment to the U.S. Court of Appeals for the Eleventh Circuit: The order along with Justice John Paul Stevens’ statement respecting the denial of certiorari can be accessed here.
In early press coverage, The AP’s Hope Yen reports that “Court Sidesteps Bush Recess Appointment.” And Reuters reports that “Justices Let Stand Bush’s Appointment of Judge.”
Today’s U.S. Supreme Court Order List: Today’s Order List can be accessed at this link. The Court granted review in no new cases today. Justice Clarence Thomas, joined by the Chief Justice, dissented from the denial of review in a habeas case from the Sixth Circuit.
In early press coverage, Hope Yen of The Associated Press reports that “High Court Won’t Hear Moussaoui Appeal.” The AP also reports that “Court Nixes Lawsuit Over Woman’s Murder” and “Court Declines to Clarify Disclosure Law.”
Reuters, meanwhile, reports that “Supreme Court Rejects Moussaoui Appeal in Sept. 11 Case” and “U.S. court rejects Philip Morris $9 mln award appeal.”
“Legal aliens: A conservative movement says the Supreme Court is getting too chummy with foreigners.” Luiza Ch. Savage, who reports from Washington, DC for The New York Sun, had this interesting essay yesterday in the Ideas section of The Boston Globe.
Lawsuit filed early today by Terri Schiavo’s parents has been assigned to U.S. District Judge James D. Whittemore: So reports The Associated Press in an article you can access here. And The Miami Herald reports that “Judge receives Schiavo lawsuit.”
What little information is available online about Judge Whittemore can be accessed here, here, and here.
What impending U.S. Supreme Court vacancy? Hope Yen of The Associated Press has an article headlined “Ailing Rehnquist Returning to Bench” that begins, “Ailing Chief Justice William H. Rehnquist feels well enough to return to the bench for the first time in five months, a court spokeswoman said Monday.”
Meet the judges of the U.S. District Court for the Middle District of Florida: Now that Terri Schiavo’s parents have filed suit under the legislation that became federal law early this morning, their case will be assigned to one of the federal judges serving in the U.S. District Court for the Middle District of Florida.
You can access a list of those judges at this link. Last Friday’s decision denying a temporary restraining order was issued by U.S. District Judge James S. Moody, Jr. It remains to be seen whether the parents’ newly filed suit will be assigned to Judge Moody because he handled the earlier related matter.
“‘The Rehnquist Legacy’ comes under review”: Indiana University issued this press release last week regarding a conference that will occur April 1-2, 2005 at the Indiana University School of Law-Bloomington.
“Supreme Confidence: Justice Antonin Scalia’s opinions.” That’s the title of a profile by Margaret Talbot in the March 28, 2005 issue of The New Yorker. Sadly, the profile is not freely available online. You can, however, access online this interview with Talbot in which she discusses “Scalia’s legal philosophy, why conservatives love him, and why he makes so many people so angry.”
“The Supreme Court Considers the Rights of Foreign Citizens Arrested in the United States: Examining a Case That Could Dramatically Affect the Way Americans Are Treated When Arrested Abroad.” Louis Klarevas and Howard S. Schiffman have this essay online today at FindLaw.
“Professors’ actions troubling; In opposing ‘don’t ask, don’t tell,’ the Law School faculty seeks to restrict military recruiting”: Bryan Freeman has this essay today in The Minnesota Daily.
“When tradition, emotion and the law collide; On both sides, courts struggle with rationales”: Yesterday in The San Francisco Chronicle, Bob Egelko had this same-sex marriage-related article.
“Justices Take Up Future of Net Access; A high-court case could affect how consumers get voice and video over high-speed connections”: The Los Angeles Times contains this article today.
“Top court to hear case on inmates’ sacred items”: This article appears today in The Cleveland Plain Dealer.
The Newark Star-Ledger reports that “High court to weigh prisoners’ religious rights; 2000 law also prohibits communities from zoning out houses of worship.”
And The San Bernardino County Sun reports that “Faith case heard; Arguments go to Supreme Court.”
“ACLU attorney recounts Commandments case; Supreme Court may rule in June”: The Louisville Courier-Journal contains this article today.
“Congress Passes and Bush Signs Legislation on Schiavo Case”: This article appears today in The New York Times.
The Washington Post reports that “Congress Passes Schiavo Measure; Bush Signs Bill Giving U.S. Courts Jurisdiction In Case of Fla. Woman.”
The Los Angeles Times reports that “Bush Approves Schiavo Review in U.S. Court; President signs a bill sent by Congress early this morning; The law lets the woman’s parents ask a judge to order her feeding tube reinserted.”
USA Today contains articles headlined “Congress enters Schiavo case; Senate, House vote to intervene” and “Does Congress seek due process or political gain? Unusual move would allow for review in federal court.”
The New York Sun reports that “Congress Approves Bill To Open Way in Court For Bid To Save Schiavo.”
The St. Petersburg Times today contains an article headlined “Congress votes: Keep Schiavo alive; President Bush flies in from Texas to sign the bill.”
The Tampa Tribune reports that “Congress OKs Bill To Sustain Schiavo.”
And The Associated Press reports that “Fate of Terri Schiavo Rests With Judge.”
The White House early this morning issued a news release entitled “President’s Statement on S. 686, Allowing Federal Courts to Hear Claim of Terri Schiavo.”
You can access at this link the text of the legislation signed into law early this morning.
BREAKING NEWS — The U.S. House of Representatives has voted to approve the Terri Schiavo federal legislation: The legislation has passed by a vote of 203-58. President Bush is expected to sign the law just as soon as it is brought over to the White House.
In early coverage, The Associated Press reports that “Congress OKs Bill for Schiavo Case Review.”
“Does the Disability Act Stop at the Shoreline?” Linda Greenhouse had this article Sunday in the travel section of The New York Times.
The U.S. House of Representatives is now beginning its recorded vote on the Terri Schiavo legislation: I will post the outcome of the vote once it is announced. The vote is scheduled to wrap-up in approximately fifteen minutes from now.