On this date in “How Appealing” history: On April 4, 2003, I had a post titled “Likelike Highway” about surprising news leaks from the D.C. Circuit in connection with the then-pending campaign finance reform case.
Meanwhile, on this day in 2004, I had a post titled “Law Professor Lawrence Lessig disagrees with Forbes.com columnist’s plea of ‘Let’s Have Less Of Lessig.’” And little did I suspect at the time of writing this post, but the particular National Constitution Center opening day bonkee featured in the post now works just down the hall from where my office is located.
“Bankruptcy Shield for IRAs Upheld; Supreme Court Addresses Older Workers’ Retirement Assets”: Charles Lane will have this article Tuesday in The Washington Post.
Linda Greenhouse is reporting: In Tuesday’s edition of The New York Times, she will have articles headlined “Supreme Court Ruling Bars Creditors From I.R.A. Assets” and “Justices Decline to Rule on Limits for Drug-Sniffing Dogs.”
By the way, early next month Ms. Greenhouse’s new book, titled “Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey,” will be released. Of course, the book tour will be bringing her to Philadelphia. The book can be pre-ordered via Amazon.com, and I’m mentioning the book without regard to whether I’m going receive a review copy (although hope springs eternal).
“Kill Bill: Microsoft’s army of lawyers was no match for a kid from Kent State.” This article appears in the current issue of Cleveland Scene. Thanks to “42 U.S.C. 1983” for the pointer.
Available online from law.com: Tony Mauro reports that “Justices Rule IRAs Protected in Bankruptcies.”
Jonathan Ringel reports that “High Court Rules on Habeas Timing Question; Justices agree that lower courts were wrong but split 5-4 against helping inmate.”
In other news, “Drawing the Line on Punitive Awards; California Supreme Court to decide how ‘Campbell’ limits apply in state.”
And an article from The National Law Journal is headlined “Employers Wrestle With Blogosphere; As bloggers multiply, managers scramble to form at-work policy.”
In Tuesday’s edition of The Hill: The newspaper will contain two judicial filibuster-related articles, “K St. fears nuclear winter” and “Dems face their own dilemma.”
“Court Says IRAs Are Safe From Bankruptcy”: David G. Savage of The Los Angeles Times provides this news update.
“The Senate, the Filibuster and the Judges”: Four letters to the editor appear under that heading today in The New York Times.
In Tuesday’s edition of The Washington Post: An article will report that “Senator Links Violence To ‘Political’ Decisions; ‘Unaccountable’ Judiciary Raises Ire.”
And in other news, “Portraits Of Terror Defendant Diverge.”
“Legal Combat: Are enemies waging war in our courts?” Phillip Carter has this jurisprudence essay online at Slate.
“Senate Nears High-Stakes Showdown on Judges”: Thomas Ferraro of Reuters provides this report.
Jesse J. Holland of The Associated Press has reports headlined “Senate Wary of Changing Filibuster Rules” and “GOP: Byrd Set Precedent on Filibusters.”
And Tuesday’s issue of Financial Times contains an article headlined “US republicans plan nuclear option for Senate roadblocks.”
“U.S. court rejects Teva bid to rehear Pfizer case”: Reuters provides this report on an order plus dissent that the U.S. Court of Appeals for the Federal Circuit issued today.
Programming note: This afternoon, my son and I will be attending a meeting against adversaries visiting from Washington, DC. More later.
Update:The Associated Press reports that “Phillies Beat Washington’s New Team 8-4” and “Nationals’ Debut Ends With Loss to Phils.”
U.S. Court of Appeals for the Eighth Circuit rejects constitutional challenge to 2002 amendments to the Animal Welfare Act: According to the per curiam opinion issued today, the suit challenged “the constitutionality of the Animal Welfare Act after it was amended in 2002 to prohibit the knowing transportation of birds in interstate or foreign commerce for purposes of having the birds participate in a fighting venture, regardless whether the fight would be legal in the state where it was to occur.”
Today’s U.S. Supreme Court opinions and Order List: Justice Clarence Thomas delivered the opinion for a unanimous Court in Rousey v. Jocaway, No. 03-1407. You can access the syllabus here; Justice Thomas’s opinion here; and the oral argument transcript here.
Justice David H. Souter delivered the opinion of the Court in Johnson v. United States, No. 03-9685. You can access the syllabus here; Justice Souter’s majority opinion here; Justice Anthony M. Kennedy’s dissenting opinion here; and the oral argument transcript here. In this 5-4 decision, the Chief Justice and Justices Sandra Day O’Connor, Thomas, and Stephen G. Breyer joined in Justice Souter’s majority opinion. Joining in Justice Kennedy’s dissent were Justices John Paul Stevens, Antonin Scalia, and Ruth Bader Ginsburg.
You can access today’s Order List at this link. The Court granted review in one case.
In early press coverage, Hope Yen of The Associated Press has reports headlined “Supreme Court: Creditors Can’t Seize IRAs” and “Supreme Court Won’t Hear Clarett’s Appeal.” And The AP also reports that “Supreme Court Won’t Hear Drug Dogs Case.”
Reuters, meanwhile, offers a report headlined “Supreme Court: IRAs Are Shielded from Creditors.”
U.S. Court of Appeals for the Sixth Circuit reverses denial of qualified immunity to those responsible for strip-searching high school students in an effort to find lost money: You can access today’s ruling at this link.
“What Terri Schiavo’s Case Should Teach Us”: Stuart Taylor Jr. has this essay in today’s issue of National Journal.
“No boos – but no high notes for Rendell”: This article appears today in The Philadelphia Inquirer. According to the article, Third Circuit Judge Marjorie O. Rendell joined her husband, Pennsylvania’s Governor, in singing the national anthem before yesterday’s Sixers-Celtics basketball game in Boston. Yesterday, The Patriot-News of Harrisburg published a preview headlined “Rendell to sing at today’s Celtics game.”
“Charles Pickering on Confirmations”: That’s the title of this past Saturday’s broadcast of C-SPAN‘s “America & the Courts,” in which “retired federal judge Charles Pickering speaks on the Senate judicial confirmation process before the Federalist Society in Jackson, Mississippi” You can view the program online by clicking here (RealPlayer required).
“Seeking U.S. Turf for a Free-Speech Fight”: The New York Times today contains an article that begins, “London has become something of a magnet for libel litigants looking for a plaintiff-friendly jurisdiction. Now one defendant is taking an uncommon approach to fighting back.”
“Bill Pryor’s double-edged conservative sword”: This article appears today in The Mobile Register.
“Senate Primed for Filibuster Showdown; There is little hope that a compromise can head off GOP plans to change the rules so Democrats can no longer block federal judicial picks”: The Los Angeles Times contains this article today.
“Cheney Opposes Retribution Against Schiavo Judges”: This article appears today in The Washington Post.
And The St. Petersburg Times reports today that “Courts may feel Schiavo impact; The case that wound through numerous courts may be used by a conservative effort to change the judiciary.”
