Divided three-judge Ninth Circuit panel holds that the Transportation Equity Act for the 21st Century, which authorizes the use of race- and sex-based preferences in federally funded transportation contracts, violates equal protection as applied by the State of Washington: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Circuit Judge Diarmuid F. O’Scannlain wrote the opinion of the court, in which Circuit Judge Carlos T. Bea joined. Senior Tenth Circuit Judge Monroe G. McKay, sitting by designation, dissented in part in an opinion that begins: “I agree with the majority’s discussion of the facial constitutionality of TEA-21. However, as to its ‘as-applied’ discussion, the majority opinion splits the circuits without persuasive support for its position. I am persuaded by the position taken by both the Sixth and Seventh Circuits, and therefore dissent in part.”

The U.S. Department of Transportation maintains a web site devoted to TEA-21.

“‘Nuclear’ Isn’t the Only Option: We need a Judicial Confirmation Improvements Act.” Former Fifth Circuit Judge Charles W. Pickering Sr. has an op-ed today in The Wall Street Journal that the web site “UpOrDownVote.com” reprints here.

“Schiavo findings won’t be rushed; Despite conflicting calls for thoroughness and quick results, Jon Thogmartin won’t let appeals from the public force his hand”: This article appears today in The St. Petersburg Times.

On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained segments entitled “Santorum Fights Filibuster, Faces Tough Election in Penn.” and “Political Wrap: Filibuster Debate.” RealPlayer is required to launch these audio segments.

“Loose chicken spurs fine, possible jury trial for owners”: The Daily Independent of Ridgecrest, California yesterday contained an article that begins, “Why did the chicken cross the road? Apparently it didn’t know it was illegal. It appears this hen got its owners in trouble and could cost taxpayers hundreds in court proceedings for a $54 ticket written because the fowl ‘impeded traffic.'”

“Deal on Judges Called ‘Close'”: Roll Call today contains an article that begins:

A bipartisan coalition of Senators believe it is close to a deal that would avert the looming showdown between Republicans and Democrats over judicial filibusters.

The potential deal, spearheaded by Sens. Trent Lott (R-Miss.) and Ben Nelson (D-Neb.), would involve at least a half-dozen Senators from each party signing a letter or memorandum of understanding that signals how they would proceed to vote on all matters related to judicial nominations.

The six Senate Republicans would commit to opposing the so-called nuclear option to end judicial filibusters, which would leave GOP leaders short of the 50 votes they need to execute the parliamentary move to abolish the procedure.

In exchange, the six Senate Democrats would pledge to allow votes on four of the seven circuit court nominees who were already filibustered in the 108th Congress and have been renominated.

Perhaps more importantly, the six Democrats would pledge to vote for cloture to end filibuster attempts on all other judicial nominees named by President Bush, including Supreme Court picks, except in “extreme circumstances,” according to a senior aide familiar with the discussions.

The aide familiar with the discussions declined to say which four circuit court nominees would be approved.

You can access the complete article at this link (subscription required).

Today is the fourth anniversary of President Bush’s announcement of his first eleven nominees to the U.S. Courts of Appeals: Via the White House web site, you can view the “Remarks by the President During Federal Judicial Appointees Announcement” and also listen to the audio (RealPlayer required) from May 9, 2001.

During the past four years, the U.S. Senate has confirmed to lifetime positions eight of those eleven nominees. John G. Roberts now serves on the D.C. Circuit. Barrington D. Parker, Jr. now serves on the Second Circuit. Roger L. Gregory and Dennis W. Shedd now serve on the Fourth Circuit. Edith Brown Clement now serves on the Fifth Circuit. Jeffrey S. Sutton and Deborah L. Cook now serve on the Sixth Circuit. And Michael W. McConnell now serves on the Tenth Circuit.

Of the remaining three nominees, two were the subject of Democratic filibusters: D.C. Circuit nominee Miguel A. Estrada and Fifth Circuit nominee Priscilla R. Owen. Estrada had his nomination withdrawn; Owen’s nomination remains pending and could provide occasion for invoking the so-called “nuclear option.” The final nominee, Terrence W. Boyle, had his nomination to the Fourth Circuit blocked for most of the past four years due to the failure of then-U.S. Senator John Edwards (D-NC) to return a “blue slip” approving or disapproving the nomination. Chief Judge Boyle’s nomination is now pending before the Senate Judiciary Committee for a vote.

“How Appealing” has chronicled earlier anniversaries of this date here (2002); here (2003); and here (2004, a day early).

“White House Plans for 2 Supreme Court Vacancies”: So says Matt Drudge.

U.S. Court of Appeals for the Sixth Circuit unveils attractive new home page: That court may be lacking many authorized judges, but it is no longer lacking an attractive home on the internet.

“Four-Year Injustice: Priscilla Owen deserves a vote.” U.S. Senator John Cornyn (R-TX) has this essay today at National Review Online. And, as I noted two posts below, Senator Cornyn today also has a similar op-ed in The Dallas Morning News.

“Independence for all? The Supreme Court thinks for itself about Arthur Andersen’s guilt, but won’t give the benefit of the doubt to a murderer.” Michael McGough has this essay today in The Pittsburgh Post-Gazette.

“Public Favors Keeping Filibuster Rule in U.S. Senate; Majority of Americans not following issue closely, however”: The Gallup Organization has today issued this poll analysis.

The Knoxville News-Sentinel reports today that “Fate of judicial debate looms; Frist pushes agreement with Dems or rule change to limit filibusters.”

Bloomberg News reports that “Reid Ready for Fight Over U.S. Judges as Companies See Fallout.”

The Rapid City Journal reports that “‘Nuclear option’ a divisive issue.”

The Daily Princetonian contains an article headlined “Anatomy of a filibuster.”

In The Dallas Morning News, U.S. Senator John Cornyn (R-TX) has an op-ed entitled “Texas’ Justice Owen deserves a vote in the Senate.”

The Washington Times contains an op-ed by Gary Andres entitled “Filibusters and misleading phrases” and an op-ed by Nat Hentoff entitled “Stereotypes and filibusters.”

In The Detroit Free Press, Brian Dickerson has an op-ed entitled “Americans usually kind to losing side.”

And in The Daily Californian, Noah Cohen-Cline has an op-ed entitled “Fading Democracy: The Fated Filibuster.”

“High Court to Hear Case on Military Recruiting; Justices to decide if colleges can enforce restrictions based on hiring practices”: This week’s issue of The Chronicle of Higher Education contains this article.

The Herald-Sun reports that “Law schools’ case vs. govt. off to high court.”

The Ventura County Star today contains an editorial entitled “Law schools vs. JAG recruiters: The military should not be barred.”

The Evansville Courier & Press contains an editorial entitled “School Wars: Law schools go to battle in court with the U.S. military; Universities should be ashamed.”

And The Harvard Crimson contains an editorial entitled “Supreme Injustice: We hope that the Supreme Court deems the Solomon Amendment unconstitutional.”