“Teen’s rant at cop: profane, but free speech; Appeals court overturns disorderly-conduct conviction.” The Indianapolis Star today contains this article reporting on Thursday’s ruling of the Indiana Court of Appeals.
The Associated Press is reporting: Now available online are articles headlined “White House Wants Search Limits Overturned” and “Judge Won’t Dismiss Wash. Gov. Challenge.”
Fifth Circuit upholds anti-abortion group’s victory in suit challenging University of Texas at Austin’s “Literature Policy” as an unconstitutional restriction on anonymous speech in a designated public forum: You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Even before today’s ruling, this dispute has received quite a bit of press coverage. In October 2002, Alliance Defense Fund issued a press release titled “Students sue the University of Texas and 18 officials for censoring free speech.”
The Associated Press reported in October 2002 that “Abortion foes challenge rules on campus demonstrations, exhibits.”
The Daily Texan reported in November 2003 that “Free speech lawsuit continues“; in April 2004 that “UT appeals decision on campus fliers; Court rules nonstudents can distribute leaflets on campus“; and in March 2005 that “Anti-abortion display returns to UT; 2 student groups protest images of aborted fetuses outside Gregory Gym.”
The web site of the organization that has brought this free speech lawsuit as plaintiff can be accessed here.
“High court rejects bid to halt same-sex marriages”: The Associated Press provides this report on a ruling that the Supreme Judicial Court of Massachusetts at this link.
“Appeals panel OKs state’s TennCare procedures”: The Nashville Business Journal reports here that “An appeals court panel has upheld the state’s procedure for removing enrollees from TennCare, overturning a lower court decision. The three-judge panel ruled the state doesn’t need to have a hearing for each recipient before dropping them from the program. Gov. Phil Bredesen is seeking to drop hundreds of thousands of enrollees in an effort to reign in costs at the state Medicaid program.”
You can access this afternoon’s per curiam ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
“Eighth Circuit: Lane is Limited to Access-to-Courts.” Law Professor Samuel R. Bagenstos has this post at his “Disability Law” blog. Sam writes that today’s ruling “seems to me inconsistent with Lane‘s as-applied approach, and it conflicts with the Eleventh Circuit’s recent Florida International University opinion. This begs for rehearing en banc.”
“Compromised Compromise: Don’t expect the filibuster deal to last for long.” Terence Samuel has this essay online at The American Prospect today.
And yesterday’s broadcast of NPR‘s “All Things Considered” contained a “nuclear option”-related segment entitled “Weekly Political Roundup” (RealPlayer required).
“Nude photos, Yahoo pledge produce a suit; A woman’s $3 million claim says the Web portal won’t halt an ex-boyfriend’s ongoing vendetta”: This article appears today in The Oregonian.
“Reid takes control of Frist’s Senate; A maddening week for the majority leader”: Tom Curry, national affairs writer for MSNBC, provides this report.
California appellate court provides even one more reason not to brutally assault individuals of Hmong origin: Today’s edition of The Recorder of San Francisco, California contains an article that begins, “Restitution took on a new meaning Thursday when a state appeal court ordered a man who beat up three Hmong men to repay them for the costs of sacrificial cows, pigs and chickens.” The animals were slaughtered on behalf of the victims in a ceremony intended to heal the souls of those who have been injured.
You can access yesterday’s ruling of the California Court of Appeal for the Third Appellate District at this link.
“Justices Debate Country Club’s Marriage Rule; High Court Strives To Recognize Rights of Same-Sex Couple”: This article appears today in The Daily Journal of California.
Seventh Circuit upholds death sentence resulting from roadside urination: Today, Circuit Judge Frank H. Easterbrook, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, affirmed the denial of habeas relief in this death penalty case from Indiana.
Eighth Circuit adopts narrow view of the U.S. Supreme Court‘s ruling in Tennessee v. Lane, which held that imposing liability on States under Title II of the Americans with Disabilities Act did not violate the Eleventh Amendment in cases implicating a right of access to the courts: You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Justice Blackmun: A Life.” Last night’s broadcast of the public radio program “On Point” contained this interesting, and lengthy, interview (RealPlayer required; click here to play in Windows Media) with New York Times Supreme Court correspondent Linda Greenhouse about her new book, “Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey.” The interview begins 5 minutes and 20 seconds into the audio clip.
Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined “Supreme Court reviews same-sex discrimination case; Country club denied family membership to lesbian couple” and “High court grants killer new trial; Burglar shot victim as he beat man who helped steal speaker.”
In connection with the second of those two articles, you can access online yesterday’s ruling of the Supreme Court of California at this link. Justice Janice Rogers Brown, a D.C. Circuit nominee who is now slated to receive an up-or-down vote in the U.S. Senate, wrote both the majority opinion and a concurring opinion, as she also did in the California Supreme Court’s related imperfect self-defense ruling issued yesterday.
“Chafee’s Choices: He’s begging to be dumped.” Today at National Review Online, Timothy P. Carney and David Freddoso have an essay that begins, “If there was ever any doubt, Sen. Lincoln Chafee’s vote Wednesday against the nomination of Priscilla Owen has made it clear that, save for leadership numbers games, conservatives would not be any worse off with a Democrat than with Chafee (R., R.I.) in the Senate.”
On today’s broadcast of NPR‘s “Morning Edition“: This morning’s broadcast contained segments entitled “Judges Use ‘Booker’ Ruling for Sentencing Flexibility” and “S.C. Senator Lindsey Graham Rises as Moderate Republican.” RealPlayer is required to launch these audio segments.
Rwanda’s rebel-formed government is entitled to recover refund of portion of retainer that former Rwanda government paid to Washington, DC lawyer: You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Off-season “Grinch” arrest defended; “It’s never too early to protect children’s Christmas presents,” police chief indicates; Others condemn police as “mean one” in this saga: The Wheeling (W. Va.) News-Register yesterday contained an article headlined “City, County Attorneys Defend ‘Grinch’ Arrest.”
The Sacramento Bee is reporting: Today’s newspaper reports that “Ceres vintner loses case for ‘Napa’ label; Appeals ruling backs 75 percent content requirement for wines.” My earlier coverage is here.
And in other news, “Big asbestos bill advances; A $140 billion settlement plan goes to full Senate.”
“Blogs: The next big thing for advertisers?” Professor Juan Cole has this essay at c|net News.Com.
Will Rev. Jerry Falwell continue to be master of his domain? The U.S. Court of Appeals for the Fourth Circuit yesterday heard oral argument in a case that could be titled Falwell vs. Fallwell.
The Richmond Times-Dispatch reports today that “Appeal heard on spelling of Falwell Web site; Evangelist’s critic argues he has the right to run site named ‘www.fallwell.com.’”
The Associated Press reports that “Court Hears Falwell Web Domain Arguments.”
And The News & Advance of Lynchburg, Virginia yesterday previewed the oral argument in an article headlined “Web site dispute center of hearing.”
“The Frist Problem”: The Los Angeles Times contains this editorial today.
The Washington Times today contains an editorial entitled “Frist: Hold to principle.”
The Harvard Crimson contains an editorial entitled “Busting the Party Divide; The bipartisan agreement on fillibusters in the Senate is welcoming in an era of divisions.”
The Sioux City Journal contains an editorial entitled “A deal, but no victory.”
In The Washington Post, columnist Charles Krauthammer has an op-ed entitled “Profiles in Flinching.”
In The Newark Star-Ledger, columnist John Farmer has an op-ed entitled “No clear winners yet in filibuster brawl.”
In The Arizona Republic, columnist Robert Robb has an op-ed entitled “Compromise on judges is a setback for the left.”
In The Tampa Tribune, columnist Daniel Ruth has an op-ed entitled “Adults Briefly Spotted In The D.C. Beltway!!!”
And in The Washington Times, R. Emmett Tyrrell Jr. has an op-ed entitled “A battle delayed“; Linda Chavez has an op-ed entitled “Bargain’s benefits“; Cal Thomas has an op-ed entitled “Minority rule…“; and Thomas Sowell has an op-ed entitled “…and ruin.”
“Court Rejects Vintner’s Bid to Use ‘Napa’; In another legal blow to Bronco, judges say wines with the name must have grapes from the region”: This article appears today in The Los Angeles Times.
In response to the decision, the Napa Valley Vintners issued a press release titled “Bronco Loss Considered Consumer Victory; Court of Appeal Rules Today in Favor of Napa Valley.”
You can access yesterday’s ruling of the California Court of Appeal for the Third Appellate District both here and here.
Legal battle over Mojave Cross is subject of Wall Street Journal op-ed: Today in The Wall Street Journal, Christopher Levenick has an op-ed entitled “High Noon at Sunrise Rock: The ACLU sues over a cross honoring fallen soldiers–and cashes in.”
“Lesbian couple claims Calif. country club discriminated”: Bob Egelko had this news update online yesterday at The San Francisco Chronicle.
And yesterday’s edition of The San Diego Union-Tribune reported that “Gay couple sue golf club over rules.”
“Man Is Accused of Threatening Judge”: The Los Angeles Times today contains an article that begins, “A would-be screenwriter who brought an unsuccessful federal lawsuit against Creative Artists Agency has been arrested on charges of sending threatening letters to veteran U.S. District Judge Dickran Tevrizian in Los Angeles, authorities said Thursday.”
Around the bloggerhood: Let me join those welcoming “Milbarge” back to the “Begging The Question” blog by noting his interesting recent post titled “Ethics and Grand Jury Nullification.”
Thanks to Evan Schaeffer for his kind mentions of one of my monthly appellate columns originally published some time ago.
And my “20 questions for the appellate judge” interview with Circuit Judge William Curtis Bryson of the U.S. Court of Appeals for the Federal Circuit has been noted on a blog named “Just Patent.” The blog is mostly in one of those foreign languages that I can neither read nor understand (unlike “Patently-O: Patent Law Blog,” for example, which I can at least read).
Surely the Friday before the Memorial Day holiday is not a date on which a U.S. Supreme Court Justice would announce plans to retire: But it’s been so long since one has announced retirement plans, who can remember what’s appropriate?
“Malvo sent from Virginia to Maryland for trial in 2002 sniper killings; Convicted sniper is being held in the Montgomery County Correctional Facility”: The Baltimore Sun contains this article today.
And The Washington Post reports today that “Malvo Is Flown From Va. to Md. for Trial; Sniper Will Be Prosecuted by Montgomery, Where Six People Were Slain.”
Available online from law.com: Tony Mauro has an article headlined “Laurence Tribe’s Big Surprise.”
In other news, an article is headlined “Does the Judiciary Need a Watchdog? Rep. Sensenbrenner thinks it might.”
An article reports that “Court Transcripts’ Finer Points Reveal ‘Ho’ Story.”
In news from New York, “After Shackle Ruling, Judge Weighs Dismissal of 9/11-Related Charges.”
And an article reports that “A Small Town’s Big Verdict Leads to Ugly Charges; Texas judge rejects Ford’s charge that juror’s link with attorney tainted jury.”
“Judicial Wars Aren’t Over”: This editorial will appear in the June 13, 2005 issue of The Nation.
Even a stopped clock is right twice a day: Compare this post today at National Review Online’s “The Corner” with my “nuclear option”-related posts from April 20, 2005 and May 4, 2005.
“Casino verdict could be state’s largest; Post-trial legal moves may whittle amount”: This article appears today in The Milwaukee Journal Sentinel.
“Senate gets reacquainted with itself”: This article will appear Friday in The Christian Science Monitor.