In Sunday’s edition of The New York Times: The Week in Review section will contain an article headlined “Very Much Alive, Thank You” that begins, “He was back at work Friday morning, only a day after leaving the hospital and a few hours after quelling the frenzied speculation about his imminent retirement.”
In other news, “Bill Giving Native Hawaiians Sovereignty Is Too Much for Some, Too Little for Others.”
And the Magazine will contain a cover story by Matt Bai headlined “The Framing Wars: Do Republicans win elections because they know how to turn issues into stories? Can Democrats learn the same trick? And can they find the magic words to win the coming battle over the Supreme Court?”
“Court probed rumors of leak; The settlement of a high-profile case raised the justices’ suspicions that insider information played a role”: The St. Petersburg Times today contains an article that begins, “In a highly unusual action, the Florida Supreme Court launched an investigation last month to determine whether a court employee leaked sensitive information in a pending case.”
“Court OKs tribunals; Guantanamo detainees don’t have POW rights, judges rule”: The Chicago Tribune contains this article today.
The Miami Herald reports that “Bush’s wartime tribunals upheld; A federal appeals court has said Osama bin Laden’s driver can face a war crimes tribunal at Guantanamo after all, reversing a lower court ruling and setting the stage for a Supreme Court challenge.”
And The Washington Times reports that “Appeals ruling approves tribunal.”
“Court Search Focuses On Women, Minorities”: This front page article appears today in The Washington Post, which also contains an article by Charles Lane headlined “Privacy Paramount For Chief Justice; Rehnquist Has Kept a Tight Lid On Health News.”
Today in The Chicago Tribune, Jan Crawford Greenburg reports that “Announcement by Rehnquist no gavel on intrigue; No departure soon, but questions linger.”
In The Baltimore Sun, Gail Gibson reports that “Ties to Bush may be liability for Gonzales; Critics of possible court nominee note ethics law.”
Similarly, yesterday The Los Angeles Times contained an article headlined “Justice Gonzales? Conservatives See Recusal Problem; Activists object anew to a possible nomination, saying he wouldn’t be able to hear key cases.”
The Capital-Journal of Topeka, Kansas reports today that “Pundits tout Kansas judge.” My “20 questions for the appellate judge” interview from January 2004 of Tenth Circuit Chief Judge Deanell Reece Tacha can be accessed here.
Finally for now, The Denver Post today contains an editorial entitled “Chief justice puts speculation to rest; In a few short sentences, William Rehnquist said he’s not retiring and quickly changed the dynamics of the Supreme Court nomination debate.”
In today’s edition of The New York Times: Adam Liptak reports that “Questions of Who Told What to Whom, and When, May Be Crucial in Leak Case.”
In other news, “Appeals Court Frees Somali Man Held 6 Years in Deportation Case.”
An article reports that “Beef Imports From Canada to Resume.”
An editorial is entitled “Court Gutting in Congress.”
And Sarah Vowell hasan op-ed entitled “Moses’ Top Ten.”
“Court Rules That Reporter Can Withhold Source’s Name”: The New York Times today contains an article that begins, “A federal appeals court in Atlanta ruled yesterday that a reporter for Sports Illustrated does not have to reveal a confidential source as part of a libel case against the magazine. But the decision rejected some of the magazine’s crucial arguments for protecting the source and set in motion legal procedures that could eventually lead to the identification.”
And in other coverage, The Birmingham News reports today that “Court clears way in Price libel suit.”
The Washington Post is reporting: Today’s newspaper contains articles headlined “Criminal Contempt Could Lengthen Reporter’s Jail Stay“; “Court Orders Tougher Campaign Finance Rules“; and “Court Backs EPA on Lack of Greenhouse Gas Limits.”
“Justices allow lead-paint suit; State Supreme Court ruling that lets teen sue companies is first in nation”: This article appears today in The Milwaukee Journal Sentinel.
“Will Rehnquist pass justices left and right? Incentive to stay may be rooted in chance to reach top of tenure list.” Allen Pusey will have this article Saturday in The Dallas Morning News.
In Saturday’s issue of The Chicago Tribune, Jan Crawford Greenburg will report that “Rehnquist’s words cool retirement rumors but change little for Bush.”
James Kuhnhenn of Knight Ridder Newspapers reports that “Senators gear up for Supreme Court confirmation battle.”
And this evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a segment entitled “President Weighs Court Nominees” (transcript with link to audio).
“Court Rules Military Panels to Try Detainees; Osama Bin Laden’s Driver Can Now Stand Trial”: This front page article will appear Saturday in The Washington Post.
In Saturday’s edition of The New York Times: Neil A. Lewis will have an article headlined “Ruling Lets U.S. Restart Trials at Guantanamo.”
And in other news, “Court Says E.P.A. Can Limit Its Regulation of Emissions.”
Available online from law.com: Tony Mauro has articles headlined “Parsing Rehnquist’s Retirement Statement” and “O’Connor Goes International After Retirement.”
Meanwhile, in other news, “TV Plumbs Litigation ‘Reality’; Creators hope ‘The Firm’ will show young lawyers in a positive light.”
Recent rulings of note from the Supreme Court of Wisconsin: On Wednesday, the court issued its unanimous ruling in Olstad v. Microsoft Corp., causing The Associated Press to report that “Court lets Microsoft litigation proceed; Decision called a big win for state consumers.”
Yesterday, the court issued a ruling that is the subject of an article in The Milwaukee Journal Sentinel headlined “State’s high court lifts caps on pain, suffering awards; Legislators scramble to rework law on malpractice limits.” And The Capital Times of Madison, Wisconsin reports today that “GOP promises to reverse court’s malpractice ruling.”
Finally, today The Capital Times provides a news update headlined “Paint firms liable for lead woes; Only true in Wis., justice says” about this ruling issued today.
“A Good Woman Isn’t Hard to Find”: William Kristol will have this essay in the July 25, 2005 issue of The Weekly Standard.
“Appeals Court Backs Bush’s Tribunal Plan at Gitmo”: The Los Angeles Times provides this news update.
“McConnell has fans, detractors; His short tenure on federal bench makes him hard to gauge”: The Rocky Mountain News contains this article today.
“In Rare Case, Vermont Jury Backs Death for a Killer”: This article appears today in The New York Times.
The Boston Globe reports today that “Jury votes death for Vermont killer; Sentence is first in 50 years in Vt.”
And The Rutland Herald contains articles headlined “The verdict: Death; Jury says Fell should die for slaying of North Clarendon woman“; “Partisans keep death penalty debate alive“; “What did the jurors believe?“; “Many in Rutland support verdict“; and “Relief, sorrow at jury’s decision.”
“Judicial group assails lawmaker”: The Chicago Tribune today contains this article reporting on a statement that the American Judicature Society issued yesterday (via “Sentencing Law and Policy“).
“Anheuser-Busch Wins Latest Court Battle”: The Associated Press provides this report.
“Rare Statute Figures in Rove Case; A 1982 law that criminalizes identifying operatives may be too pointed, and that may help the White House deputy chief of staff”: This article appears today in The Los Angeles Times.
“Not Proven: Arlen Specter is nobody’s hero, but he just might save the day.” Terence Samuel has this essay online today at The American Prospect.
Not only isn’t he retiring, but he’s not even taking today off from work after having been released yesterday from the hospital: Gina Holland of The Associated Press reports that “Rehnquist Returns to Work at High Court.”
And Greg Stohr of Bloomberg News reports that “Rehnquist Statement Clarifies Bush’s Court Choices.”
Ninth Circuit‘s ruling causes Canadian cows to be glad, not mad: The New York Times reports today that “Despite Concerns on Mad Cow, Court Allows Canada Imports.”
The Toronto Globe and Mail today contains a front page article headlined “U.S. ruling raises hope for end to cattle ban.”
The Sacramento Bee reports that “Ban lifted on Canadian cattle; An appeals court backs the USDA’s finding of ‘minimal’ mad cow risk.”
The Associated Press reports that “Canadian Ranchers Elated at Border Opening.”
And Reuters reports that “Canadian ranchers skeptical U.S. border will open.”
“Justice in paradise: Yosemite’s magistrate savors his highly coveted post.” This profile of Magistrate Judge William M. Wunderlich of the U.S. District Court for the Eastern District of California appears today in The Sacramento Bee.
“Chief Justice To Jackals: Nuts.” CBS News legal analyst Andrew Cohen has this essay today.
And Law Professor Rick Hasen, at his “Election Law” blog, has a post titled “The Chances of the Senate Going Nuclear Have Increased Greatly.”
On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained segments entitled “Rehnquist Says He Has No Plans to Retire” (featuring Nina Totenberg); “Nebraskans Offer Thoughts on Next High Court Judge“; “U.S. Appeals Court Overturns Ban on Canadian Cattle“; and “Oregon Man Sues over FBI Mistake in Madrid Case.” RealPlayer is required to launch these audio segments.
BREAKING NEWS — Another federal appellate court rules on the issue of journalists and anonymous sources: Circuit Judge Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit, on behalf of a unanimous three-judge panel, today issued an opinion that begins:
In the Spring of 2003 Mike Price was head coach of the University of Alabama’s Crimson Tide football team. Given the near-fanatical following that college football has in the South, the head coach at a major university is a powerful figure. However, as Archbishop Tillotson observed three centuries ago, “they, who are in highest places, and have the most power . . . have the least liberty, because they are most observed.” If Price was unaware of that paradox when he became the Crimson Tide’s coach, he learned it the hard way a few months later in the aftermath of a trip he took to Pensacola, Florida.
While in Pensacola to participate in a pro-am golf tournament Price, a married man, visited an establishment known as “Artey’s Angels.” The name is more than a little ironic because the women who dance there are not angels in the religious sense and, when he went, Price was not following the better angels of his nature in any sense. Scandal ensued, and as often happens in our society, litigation followed closely on the heels of scandal.
Out of that litigation came this interlocutory appeal about whether Sports Illustrated magazine and one of its writers are protected under Alabama law or by the federal Constitution from being compelled to reveal the confidential source for an article they published about Price and his activities in Pensacola.
On Wednesday of this week, as I previously noted here, The Wall Street Journal published an article about this matter headlined “Playing Defense: A Coach’s Lawsuit Poses Challenge For Time Inc.; Publisher’s Sports Illustrated Relied on Unnamed Source For a Raunchy Expose; A Dancer Called ‘Destiny’” (pass-through link).
“Social Selection: Support for Roe v. Wade does not a moderate justice make.” Jonathan Chait will have this essay (pass-through link) in the July 25, 2005 issue of The New Republic.
“Rehnquist Plans To Stay on Court As Health Permits”: Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
“Delay Is Good: One spot on the Supreme Court right now is better than two.” Law Professor Douglas W. Kmiec has this essay today at National Review Online.
The Associated Press is reporting: Gina Holland reports that “Rehnquist Pledges to Remain on Top Court.”
And in news from Tennessee, “Amputee Plaintiff in Landmark Case Jailed.”
Today’s rulings of note from the U.S. Court of Appeals for the D.C. Circuit: The Associated Press, in an article headlined “Court: Military Panels to Try Detainees,” reports that “A federal appeals court put the Bush administration’s military commissions for terrorist suspects back on track Friday, saying a detainee at the Guantanamo Bay prison who once was Osama bin-Laden’s driver can stand trial.” And Reuters reports that “US appeals court says Guantanamo trial can procede.” You can access today’s ruling in Hamdan v. Rumsfeld — the case involving the Guantanamo detainee alleged to have been Osama bin Laden’s personal driver — at this link.
A separate ruling issued today revives, at least for now, a proceeding that began when seven Native Americans petitioned the Trademark Trial and Appeal Board to cancel the registrations of six trademarks used by the Washington Redskins football team.
The AP offers a report headlined “Court: FEC Opened Loopholes in New Law” about another decision that a divided three-judge D.C. Circuit panel issued today.
And finally, The AP has a report headlined “Court Nixes Regulating Greenhouse Gases” concerning today’s fourth D.C. Circuit opinion of note.
“Falwell says he will not recommend any nominee to Supreme Court”: This article appears today in The News & Advance of Lynchburg, Virginia.
Just one more reason why Sandra Day O’Connor is unlikely to become Chief Justice of the United States: Today in The Los Angeles Times, David G. Savage reports that “Chief Justice Isn’t Retiring; Rehnquist, fighting cancer, says he’ll stay as long as his health allows; With one vacancy to fill on the high court now, Bush’s task is tougher.”
In The Chicago Tribune, Jan Crawford Greenburg has an article headlined “Rehnquist: I’m staying on the job; Justice wants to end ‘unfounded’ rumors.”
In The Baltimore Sun, Gail Gibson reports that “Rehnquist ‘not about to announce retirement’; Ailing chief justice says he’ll stay on bench as long as health permits.”
The Washington Times reports that “Chief justice says not retiring.”
CNN.com reports that “Rehnquist silences retirement speculation.”
And in a pre-no-retirement-announcement article, The Independent (UK) reports that “Bush eyes second Supreme Court vacancy.”
“3rd Circuit Upholds Injunction Against ‘Professional Tax Protester'”: Via law.com, Shannon P. Duffy provides this report.
