U.S. Court of Appeals for the Eleventh Circuit denies rehearing en banc on Booker plain error standard: So why, then, is the document containing the order ninety-two pages long? Because Circuit Judges Gerald Bard Tjoflat and Rosemary Barkett have appended dissents from the denial of rehearing en banc, and Circuit Judge Ed Carnes has appended a concurrence in which he responds to those dissents.

“Case embroiled in controversy after Wilson judge had ordered her to learn English”: The Tennessean contains this article today.

“Three judges are flash points in Senate clash; A vote on their nominations Thursday could lead to long-awaited showdown over the federal courts”: This article will appear Wednesday in The Christian Science Monitor.

People For the American Way today issued a press release titled “With Frist’s Finger on the ‘Nuclear’ Button, PFAWF Launches New Ad; Republican Firefighter Returns to Washington to Save the Filibuster.” You can access the new ad via this link.

Focus on the Family today issued a press release titled “Focus on the Family Action Launches Judical Filibuster Ad Campaign.” The press release provides links to the ads.

The Committee for Justice yesterday issued a press release titled “Gonzales Never Accused Priscilla Owen of Judicial Activism.”

The Coalition for a Fair and Independent Judiciary today issued a press release titled “Law Students, Law Professors, Legal Luminaries Rally Nationwide to Protect the Filibuster; Legal Professionals Will Present Thousands of Letters to Senate Leadership.”

And Project 21 today issued a press release titled “Black Activists Criticize NAACP for Filibuster Flip-Flop; Group Now Supports Senate Tactic That Hobbled Civil Rights Legislation.”

“Insurers Want to Change Asbestos Bill”: Reuters provides this report.

“Garrow on Blackmun and law clerks”: Mark Tushnet has this post at “Balkinization.”

At “The Volokh Conspiracy,” Jim Lindgren has a post titled “Blackmun a Clerk to His Clerks.”

At Reason’s “Hit and Run” blog, Jesse Walker has a post titled “Pay No Attention to Those Clerks Behind the Curtain.”

The article to which they are responding is available here.

“Police arrest porn star who ran for governor”: This article appears today in The News Tribune of Tacoma, Washington.

“Bills target abortion clinics”: The St. Petersburg Times contains this editorial today.

“Five years later, Elian, now 11, is living a ‘normal’ life”: This article appeared Sunday in The South Florida Sun-Sentinel.

“Center Court: There really are vast differences among the Supreme Court’s five conservatives; And that’s exactly what Bush hopes he can eliminate.” Simon Lazarus has this essay in the May 2005 issue of The American Prospect.

The Solititor General’s Office files its reply brief in support of its petition for writ of certiorari seeking review of the Third Circuit‘s ruling in the Solomon Amendment case: Once I receive a copy of (or a link to) the reply brief in PDF format, I will post it online. For now, you can access online the cert. petition, the appendix thereto, an amicus brief filed by the Mountain States Legal Foundation, the brief in opposition, and the Third Circuit’s ruling.

“New York Man Arrested for Threatening U.S. Judge”: Reuters provides a report that begins, “A New York man was arrested on Tuesday for threatening to kill a Brooklyn federal judge and bomb his courthouse amid growing concern about the safety of the nation’s judiciary and their courtrooms.”

The April 18, 2005 issue of New York Magazine contained an item headlined “Furor in the Court: ‘It’s like we’re in Fallujah’; Brooklyn judges say they’re not as safe as their Manhattan counterparts.”

“Once Bitten, Twice Shy”: CBS News legal analyst Andrew Cohen has this essay about Zacarias Moussaoui’s decision, once again, to plead guilty.

“Frist: Filibuster Ban Won’t Include Bills.” Jesse J. Holland of The Associated Press provides this report on a statement that Senate Majority Leader Bill Frist, M.D. (R-TN) issued today.

U.S. Court of Appeals for the Ninth Circuit holds that $5 million punitive damage award was unconstitutionally excessive in racial discrimination case where the actual harm to plaintiff was valued at $50,000: You can access today’s ruling at this link. The Ninth Circuit has ruled that the maximum lawful punitive damages award would be in the range of $300,000 to $450,000. The opinion’s conclusion leaves me unsure concerning whether the plaintiff, on remand, will have the option to reject the reduction and instead opt for a new trial.

“The Brains Behind Blackmun: Harry Blackmun’s papers reveal that, more than any justice in memory, he gave his law clerks control over his thinking and writing when he was on the Supreme Court.” David J. Garrow has this article in the May | June 2005 issue of Legal Affairs magazine.

Seth P. Waxman, who now serves as chairman of Legal Affairs, offers this response to Garrow’s article. And at “The Volokh Conspiracy,” David Bernstein reacts here to Tony Mauro’s coverage of Garrow’s article.

I’ll be happy to consider for posting any comments about Garrow’s article that readers forward to me via email. Please let me know whether you are commenting anonymously or for attribution. And I’ll also be pleased to receive via email links to posts from others who are blogging about this article.

“Bill Would End Gag Clauses That Stifle Victims Who Sue”: This article appears today in The Los Angeles Times.

“Witch Trial: Some Faiths Aren’t Good Enough for Chesterfield Supervisors.” Columnist A. Barton Hinkle has this essay today in The Richmond Times-Dispatch. Hinkle’s essay begins, “Any lawyer who represents himself in court has a fool for a client. Anyone without a law degree who takes issue with J. Harvie Wilkinson is an idiot. To the latter charge, your servant enters a plea of no contest, and plows ahead anyway.”

“Murkowski’s position vague in Senate strife; Judicial nominees: Republicans would be able to block filibusters.” This article appears today in The Anchorage Daily News.

The Fort Wayne Journal Gazette today contains an editorial entitled “Uphold the filibuster.”

The Kansas City Star contains an editorial entitled “Keep religion out of judge nominations.”

The Oregon Daily Emerald contains an editorial entitled “Jeopardizing the filibuster could muffle minorities.”

The UCLA Daily Bruin yesterday contained an editorial entitled “GOP efforts to gain power threaten courts, system.”

And in The San Francisco Chronicle, columnist Debra J. Saunders today has an essay entitled “Going nuclear.”

“Top court to rule on swing clubs”: Broadcast News of Canada provides this report.

U.S. Court of Appeals for the D.C. Circuit denies rehearing en banc of decision holding that two subpoenaed reporters can be compelled to give grand jury testimony: Today’s order, accompanied by an opinion concurring in the denial of rehearing en banc, can be accessed here.

In early press coverage, Reuters reports that “Appeals Court Refuses to Rehear CIA Leak Case.”

“Drug Makers Prepare to Argue Against a Patent”: This article appears today in The New York Times.

The Wall Street Journal reports that “Court looks at role of patents in research; Drugmakers, including Lilly, are keeping a close watch on long-running case.”

And The Economist offers a related article headlined “Seeking a cure for legal headaches.”

“High court to hear Md. ‘Miranda’ case; Teen implicated self in Annapolis murder”: The Baltimore Sun contains this article today.

And The Capital of Annapolis, Maryland reports that “High court takes city murder case.”

“San Pablo man’s murder case, racially tinged, goes to justices”: This article appears today in The Contra Costa Times.

And today in The Pittsburgh Post-Gazette, Michael McGough reports that “Court signals strict juror-exclusion view.”

In newz from New Zealand: The New Zealand Herald today contains an article headlined “‘Extraordinary’ challenge to Pitcairn rape verdicts.”

The Dominion Post reports today that “Pitcairners plead rape law ignorance.”

And The Herald Sun contains an article headlined “We didn’t know rape was illegal: Pitcairners.”

“Delta liable for drunken driver?” Bill Rankin has this article today in The Atlanta Journal-Constitution.

Also ten years ago today: The U.S. Supreme Court announced its decision in Celotex Corp. v. Edwards, a case in which I was the principal author of the merits briefs for petitioner.

“Psst…Justice Scalia…You Know, You’re an Activist Judge, Too”: That’s the title of Adam Cohen’s “Editorial Observer” essay today in The New York Times.

Today’s lone U.S. Supreme Court opinion in an argued case: At “SCOTUSblog,” Lyle Denniston reports that the Court only decision today came in the case of Dura Pharmaceuticals, Inc. v. Broudo, No. 03-932. Justice Stephen G. Breyer delivered the opinion for a unanimous Court, reversing a ruling of the U.S. Court of Appeals for the Ninth Circuit. You can access the syllabus here; Justice Breyer’s opinion for the Court here; and the oral argument transcript here.

In early press coverage, Hope Yen of The Associated Press reports that “High Court Keeps Securities Fraud Standard.” And Reuters reports that “Court Makes Securities Fraud Suits Harder.”

“What Liberals Want: A progressive conference on the Constitution sheds light on the real stakes involved with the judiciary.” John Hinderaker has this essay today online at The Weekly Standard.

“A Disappointing Double Standard: Tribe’s rebuke amounts to little more than a slap on the wrist.” This editorial appears today in The Harvard Crimson.

“‘War on Judges’ or War on the Right: Newsweek isn’t concerned about criticism of the judiciary, just conservative criticism of the judiciary.” Andrew C. McCarthy has this essay today at National Review Online.

“The Supreme Court’s New Age Discrimination Ruling: Good News and Bad News for Both Employers and Older Workers.” FindLaw columnist Joanna Grossman has this essay today.

“Closing down the Senate won’t help the Democrats; Threat would replay a Republican’s folly”: The Boston Globe contains this news analysis today.

The Rocky Mountain News reports today that “Focus faction attacks Salazar; Springs group pushes for Bush court picks.”

Newsday today contains an editorial entitled “GOPers already pervade courts; Right-wingers protest too much.”

The Courier-Journal of Louisville, Kentucky contains an editorial entitled “Frist’s bad faith.”

The Day of New London, Connecticut contains an editorial entitled “Sen. Frist Goes Too Far; Presidential candidacy won’t allow him to take narrow ideological views.”

The Boulder Daily Camera contains an editorial entitled “Flaming rhetoric: Judiciary bashing about ‘energizing the base.’”

The Free Lance-Star of Fredericksburg, Virginia contains an editorial entitled “A nuke, not a T-bolt; Sen. John Warner shouldn’t flinch from ‘the nuclear option.’”

The Palm Beach Post contains an editorial entitled “Place no faith in Frist as a responsible leader.”

In The Chicago Sun-Times, columnist Jesse Jackson has an essay entitled “GOP grandstanding on judges.”

In The New York Post, John Podhoretz has an essay entitled “Dems’ Suicide Plot.”

Tom Teepen of Cox News Service has an essay entitled “An old trick the Senate might try: compromise.”

In The Naples Daily News, Dan K. Thomasson has an essay entitled “Incendiary mix: religion and politics.”

And in The Washington Post, Richard Cohen has an op-ed entitled “Faith-Based Pandering.”

“Inside Bush’s Supreme Team: In the fight for the courts, three behind-the-scenes players are uniting the Right.” This article appears in the April 25, 2005 issue of BusinessWeek.

“Court revives suit against Vatican Bank; Claim alleges church held money looted by Croatian Nazis”: Bob Egelko has this article today in The San Francisco Chronicle.

Claire Cooper, legal affairs writer for The Sacramento Bee, reports today that “9th Circuit allows partial suit against Vatican Bank.”

David Kravets of The Associated Press reports that “Holocaust Case Against Vatican Bank Revived.”

And Reuters reports that “U.S. Appeals Court Reinstates Vatican Holocaust Suit.”