Eleventh Circuit holds that Title II of the Americans with Disabilities Act is a valid exercise of Congress’s authority to abrogate a State’s sovereign immunity under Section 5 of the Fourteenth Amendment with regard to disabled students attending a state university: Today’s unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit can be accessed at this link.

Kenneth W. Starr‘s recent foray into capital punishment appellate defense ends in defeat: A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this decision today. Earlier press coverage of the appellate oral argument can be accessed here (Washington Post), here (Richmond Times-Dispatch), and here (AP).

“The Nuclear Option: GOP Leaders Should Just Say No.” Today in Roll Call, Senator Edward M. Kennedy (D-MA) has an essay (subscription required) that begins, “The Senate Republican leadership claims that the phony ‘crisis’ they have manufactured over judicial nominations is so serious that the only way to solve it is by using the ‘nuclear option.'”

“Supremacist Hale Sentenced to 40 Years”: The Associated Press provides a report that begins:

Avowed white supremacist Matthew Hale was sentenced to 40 years in prison Wednesday for trying to have a federal judge killed – the same judge whose husband and mother were murdered five weeks ago by a deranged man who had no connection to Hale.

Hale, the 33-year-old leader of a group that preaches racial holy war, was sentenced after a rambling, two-hour speech in which he claimed he was the victim and even recited part of the Star Spangled Banner. He showed no emotion and sat staring at the defense table as the sentence was handed down.

According to the article, U.S. District Judge Joan Humphrey Lefkow did not attend the sentencing.

“Court Tosses R.I. Mayor’s Prison Sentence”: The Associated Press reports here that “A federal appeals court threw out the prison sentence of former Providence Mayor Vincent ‘Buddy’ Cianci and ordered him to be resentenced by a lower court on his conviction for racketeering conspiracy.” Yesterday’s ruling of the U.S. Court of Appeals for the First Circuit does not appear readily available via that court’s web site. Update: A reader emails to advise that the remand was accomplished by an order unaccompanied by opinion.

In somewhat related news, The Providence (R.I.) Journal provides a news update headlined “Reporter Taricani seeks early release from home-confinement.”

“Boise police say strippers don’t qualify as ‘artistic’; Dancers accused of violating city’s anti-nudity law”: The Idaho Statesman today contains an article that begins, “A local strip club’s attempt to turn its patrons into sketch artists to get around Boise’s anti-nudity ordinance isn’t going to work, police say.”

“Scalia Dissents: Writings of the Supreme Court’s Wittiest, Most Outspoken Justice.” That’s the title of a program The Heritage Foundation is hosting at noon today in its Washington, DC headquarters. The speaker is Kevin Ring, editor of the recently published book, “Scalia Dissents.”

If, like me, you’re unable to attend in person, you can view the event live online by clicking here (RealPlayer required). The live feed is already streaming.

“Judicial Conference Asks Help to Protect Federal Judges”: The Administrative Office of the U.S. Courts has issued this news release today. Accompanying the news release is a letter that the Judicial Conference of the United States sent yesterday to President Bush and a resolution relating to security that the Judicial Conference adopted last month.

“U.S. told to pay for land it seized; Camp Breckinridge tracts are involved”: This interesting article appears today in The Courier-Journal of Louisville, Kentucky.

And The Courier & Press of Evansville, Indiana reports today that “Court rules landowners were cheated.”

You can access last Friday’s ruling of the U.S. Court of Federal Claims at this link.

Washington Post editorial cartoonist Tom Toles on Republican objections to “inactivist” judges: The editorial cartoon, appearing in today’s newspaper, can be viewed at this link.

“Intelligence Critique Fatigue”: Seventh Circuit Judge Richard A. Posner has this op-ed today in The Washington Post.

As noted here, Judge Posner will be participating in an online chat at The Washington Post’s web site starting at 3 p.m. eastern daylight time today. It will be interesting to see whether the chat will be limited to the topic of Judge Posner’s op-ed.

“Most Lawmakers Want to Forget Schiavo Case”: The Associated Press provides this report.

“Thomas’s tie to alma mater remains tense; Justice’s confirmation remains sore subject”: The Yale Daily News today contains an article that begins, “U.S. Supreme Court Justice Clarence Thomas LAW ’74 has criss-crossed the country speaking to alumni and students at universities from James Madison University in Harrisonburg, Va. to the University of Kansas in Lawrence. But in his 14 years on the nation’s high court, Thomas has never once returned to his alma mater — Yale Law School.”

“National Guardsman Challenges ‘Stop-Loss’ Policy”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”

And The Seattle Times reports today that “Pentagon’s ‘stop-loss’ policy on trial here.”

This case is one of several being argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at the University of Washington School of Law. The three-judge panel consists of Senior Circuit Judge William C. Canby and Circuit Judges Richard C. Tallman and Johnnie B. Rawlinson.

“A Proposed Bill to Ban Male Circumcision: The Clash of Gender, Religion, and the Protection of Children.” FindLaw columnist Sherry F. Colb has this essay today.

“Frist eyes compromise to forgo filibuster ban; Conservatives seek action over stalled judicial nominees”: This article appears today in The Boston Globe.

The Chicago Tribune reports today that “Democrats accuse GOP of trying to undermine judiciary.”

FOXNews.com reports that “Mood Sour in Senate on Judicial Nominees.”

The Seattle Post-Intelligencer today contains an editorial entitled “U.S. Constitution: Separate these powers.”

The Journal News of Westchester, New York contains an editorial entitled “Judges in the spotlight.”

The Times Argus of Barre, Vermont contains an editorial entitled “Time to stand up.”

And The Boulder Daily Camera contains an editorial entitled “Playing with fire: Attacks on judiciary more irresponsible than ever.”

“The Judges Made Them Do It”: The New York Times today contains an editorial that begins, “It was appalling when the House majority leader threatened political retribution against judges who did not toe his extremist political line. But when a second important Republican stands up and excuses murderous violence against judges as an understandable reaction to their decisions, then it is time to get really scared.”

Late yesterday, U.S. Senator John Cornyn (R-TX) addressed the controversy over his remarks from Monday.

God’s activism blamed in graffiti attack on courthouse Ten Commandments: The Philadelphia Inquirer reports today that “Courthouse, plaque sprayed with graffiti; Cleanup poses a tricky challenge.”

“Security tightened for Hale sentencing; East Peorian faces up to 40 years in prison for soliciting judge’s murder”: This article appears today in The Peoria Journal Star.

The Chicago Tribune reports today that “Hale says he didn’t trust security chief.”

And The Associated Press reports that “White Supremacist Due for Sentencing.”

On this date in “How Appealing” history: On April 5, 2004, I had two posts about judicial recess appointments (here and here).

While a Senator proposed a three-way split of the Ninth Circuit, that same federal appellate court issued an order denying rehearing en banc in a case that would have allowed the court to reconsider whether the Second Amendment to the United States Constitution confers an individual right to bear arms.

Finally, as I noted here, California Supreme Court Justice Janice Rogers Brown was the author of a majority opinion issued that day about whether the unintentional killing of a fetus can constitute murder.

“Ethics Panel Finds Conflict With Senator’s Job as Physician”: Wednesday’s edition of The Washington Post will contain this article. The Senator in question, Tom Coburn (R-OK), currently serves on the Senate Judiciary Committee.

“Frist Isn’t Following Republicans on Criticism of Judges”: This article will appear Wednesday in The New York Times.

“The Misrepresentations of Boyden Gray and the Radical Right Regarding the ‘Nuclear Option’ and Judicial Filibusters”: People For the American Way issued this press release yesterday.

The Committee for Justice, meanwhile, was one of the signatories to a letter to Republican leadership in the U.S. Senate from the “National Coalition to End Judicial Filibusters”

“Yale Law remains number one as criticism of ranking rises”: This article appears today in The Yale Daily News.

In news from California: Today in The San Francisco Chronicle, Bob Egelko reports that “Court rules against hospitals in payment-lien dispute.” And The Los Angeles Times reports that “Court Limits Use of Liens by Hospitals; State justices say care providers can’t touch insured patients’ personal injury awards.” You can access yesterday’s ruling of the Supreme Court of California, written by D.C. Circuit nominee Janice Rogers Brown, at this link.

In other news, Bob Egelko reports that “Coastal panel’s fate hangs in balance; State’s top court to hear challenge to appointments.” And Claire Cooper, legal affairs writer for The Sacramento Bee, reports that “Coastal panel’s power in high court’s hands.”

“PM to keep his control of top court”: The Toronto Globe and Mail today contains an article that begins, “The federal government will reject the opposition’s calls for public hearings on prospective Supreme Court justices as well as demands for the provinces or Parliament to dictate who can be chosen for the top court, sources say.”

“Supreme Court affirms handling of Van Sickle guardianship case”: The Associated Press provides this report on a ruling that the Supreme Court of North Dakota issued yesterday. That court’s home page, by the way, is far too interesting.

For his next trick, he’ll be convicted of second-degree miller: The Associated Press reports that “C-Murder Changes Stage Name to C Miller.”

“Speed Fees On Rental Cars Illegal, State High Court Says”: Lynne Tuohy of The Hartford Courant today has this article reporting on a decision that Supreme Court of Connecticut issued yesterday.

On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained segments entitled “Senate GOP May Push for Filibuster Rules Change“; “Smucker’s Goes to Court Over Sandwich Product“; and “Ohio Marriage Law Hampers Efforts Against Domestic Abuse.”

“GOP leaders split on judge’s role in Schiavo case”: James Kuhnhenn of Knight Ridder Newspapers provides this report.

Who knew that you could be the author of a brand new, best selling book in 2005 about the U.S. Supreme Court and never have heard of Dahlia Lithwick? Mark R. Levin didn’t much enjoy Dahlia Lithwick’s recent essay about his book, “Men in Black: How the Supreme Court Is Destroying America.”

“Reid Accuses GOP of Possessing Arrogance”: Jesse J. Holland of The Associated Press provides a report that begins, “Congressional Democrats on Tuesday said Republican criticism of the federal courts following Terri Schiavo’s death showed an ‘arrogancy of power’ that is leading to a Senate confrontation over filibusters of President Bush’s judicial nominees.”

“Needles and Threats: More tough talk about pulverizing the judiciary.” Dahlia Lithwick has this jurisprudence essay online at Slate.

“Primer: Judicial Nominees and the Senate Filibuster.” National Public Radio’s web site today offers this written primer in question-and-answer format by Brian Naylor and Ron Elving.

And yesterday, Ron Elving had an essay entitled “DeLay’s Anger Over Judges Recalls Past Battles.”