“Going Courting: How same-sex marriage opponents came to love the courts.” Law Professor Robert Justin Lipkin has this jurisprudence essay online at Slate.
Posted at 11:04 PM by Howard Bashman
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![]() Friday, September 9, 2005
“Going Courting: How same-sex marriage opponents came to love the courts.” Law Professor Robert Justin Lipkin has this jurisprudence essay online at Slate. Posted at 11:04 PM by Howard Bashman“Laura Bush says hopes for woman as next court pick”: Reuters provides this report. The Rocky Mountain News provides a news update headlined “Salazar still troubled by Roberts.” Online at Slate, Jack Shafer has a press box essay entitled “Chief Justice Rehnquist’s Drug Habit: The man in full.” And online at The Village Voice, Nat Hentoff has an essay entitled “John Roberts v. One French Fry: Beneath his black robes, what does Roberts reveal of his values as a human being?” Posted at 10:54 PM by Howard Bashman“US can detain ‘enemy combatant’ indefinitely”: Financial Times provides this report. Posted at 10:50 PM by Howard Bashman“Experts ponder Roberts’ potential influence on top court”: Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 10:44 PM by Howard Bashman“Reviewing Bush and Roberts, After Katrina”: This segment (RealPlayer required) appeared on this evening’s broadcast of NPR‘s “All Things Considered.” Posted at 10:40 PM by Howard BashmanAvailable online from law.com: Tony Mauro has a very interesting Courtside column headlined “Roberts as Chief Justice: Not Just One Vote out of Nine.” And in somewhat related news, “Speculators Eye Pepsi’s GC — Again — for High Court Opening; Experts say president’s tough times help Thompson’s chances.” Posted at 10:35 PM by Howard Bashman“CNN gets restraining order to allow coverage of Katrina body recovery”: CNN via second-hand email reports:
FindLaw has posted at this link CNN’s complaint initiating suit. Posted at 10:28 PM by Howard BashmanGuilty of giving chili the finger: The San Francisco Chronicle provides a news update headlined “Couple plead guilty in chili finger case.” The San Jose Mercury News provides a news update headlined “Guilty pleas in Wendy’s chili finger case; DA will likely seek the maximum sentences.” And The Los Angeles Times provides a news update headlined “Plotters Behind Fingertip in Chili Plead Guilty.” Posted at 10:14 PM by Howard Bashman“Roberts Meets Three Senators and Gets a Nod From One”: The New York Times on Saturday will contain this article. Posted at 10:10 PM by Howard Bashman“U.S. Can Confine Citizens Without Charges, Court Rules”: This front page article will appear Saturday in The Washington Post. And in Saturday’s edition of The New York Times, Neil A. Lewis will report that “Court Gives Bush Right to Detain U.S. Combatant.” Posted at 10:04 PM by Howard Bashman“Federal Courts in Louisiana Get Emergency Help from Congress”: The Administrative Office of the U.S. Courts issued this news release today. The text of the legislation, which President Bush signed into law today, can be accessed here. In news coverage, CNN.com reports that “Courts face unique challenges; Law permits federal courts affected by hurricane to move.” Posted at 9:10 PM by Howard Bashman“Judge Rules Vs. U.S. in Patriot Act Case”: The AP provides a report that begins, “A federal judge lifted a gag order Friday that shielded the identity of librarians who received an FBI demand for records about library patrons under the Patriot Act.” You can access today’s ruling of the U.S. District Court for the District of Connecticut at this link. Posted at 9:05 PM by Howard BashmanThe Associated Press is reporting: Now available online are articles headlined “O’Connor Mum on Rehnquist and Roberts” and “Gonzales Again Emerges As Court Contender.” Posted at 9:04 PM by Howard BashmanI’m holding out for the Chief Justice John G. Roberts, Jr. rookie card: The Topps Chronicle trading card series has just issued a Chief Justice William H. Rehnquist trading card (sans gold stripes). You can see the reverse side of the card here, and you can order one at this link. Posted at 8:50 PM by Howard Bashman“Indefinite ‘Enemy Combatant’ Detention Upheld”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.” But is that how “Padilla” is pronounced? (Not on the Phillies, at least). And this evening’s broadcast of NPR’s “All Things Considered” contained a segment entitled “Appeals Court: U.S. May Hold Combatants Indefinitely” (RealPlayer required). Posted at 6:33 PM by Howard Bashman“John Roberts: The Nominee.” William L. Taylor will have this essay in the October 6, 2005 issue of The New York Review of Books. Posted at 5:40 PM by Howard BashmanSecond Circuit rules on In re Holocaust Victim Assets Litigation appeals: The U.S. Court of Appeals for the Second Circuit today issue a total of four separate opinions in related appeals. The lead opinion is here, and other related decisions can be accessed here, here, and here. Posted at 5:20 PM by Howard Bashman“Detention of Enemy Combatant Upheld”: The Los Angeles Times provides this news update. Posted at 4:14 PM by Howard BashmanThe Goddess of Justice is blind (and the Spirit of Justice is half naked): Eugene Volokh asks here: “The goddess of Justice is depicted blindfolded and holding a scale. But if she’s blindfolded, how does she know which pan of the scale is heavier than the other?” Legal Affairs in its July|August 2003 issue traced the history of “The Blindfold of Justice.” The statue discussed in the article — from the Warren B. Rudman U.S. Courthouse in Concord, New Hampshire — can be viewed at this link (thirteenth item). Posted at 3:30 PM by Howard Bashman“A Look at State Secrets Privilege”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.” NPR’s more detailed description of the segment follows: “The Bush administration is increasingly using the state secrets privilege. It is a series of precedents that allow the government to dismiss court cases on the grounds that evidence introduced in the trial could jeopardize national security.” Posted at 3:11 PM by Howard BashmanU.S. Bankruptcy Trustees originally appointed in 1995 and reappointed in 2000 cannot challenge, before the Merit Systems Protection Board, their dismissals on the basis of civil service due process requirements: The U.S. Court of Appeals for the Federal Circuit issued this ruling today. Posted at 3:00 PM by Howard Bashman“Is Anything Not Interstate Commerce? Will a Supreme Court led by John Roberts find limits to Congress’ power?” Jacob Sullum has this essay online at Reason. And online at The Weekly Standard, Scott Johnson has an essay entitled “A Question of Ethics: A silly charge against John Roberts is debunked.” Posted at 2:40 PM by Howard Bashman“Chief justice nominee Roberts shaped limits on sovereignty”: Indian Country Today offers this news analysis. Posted at 2:38 PM by Howard Bashman“Egg donor has rights to triplets in custody case”: The Cleveland Plain Dealer yesterday published an article that begins, “A Texas college student sold her eggs so they could be fertilized and implanted in a surrogate. That’s enough involvement to let her claim parental rights for the resulting triplets, according to a court ruling issued Wednesday.” You can access Wednesday’s ruling of Ohio’s Ninth District Court of Appeals at this link. Posted at 2:20 PM by Howard BashmanRabbits that live on this golf course are pubic hares: The U.S. Court of Appeals for the Second Circuit today issued an opinion the first sentence of which reads: “Plaintiff-appellant John L. Karedes was the manager of a pubic golf course undergoing renovations in the Village of Endicott, New York.” Posted at 2:10 PM by Howard BashmanDivided three-judge Ninth Circuit panel holds that probable cause is required for the warrantless search of the person or home of a pretrial releasee: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The majority opinion, written by Circuit Judge Alex Kozinski and joined in by Circuit Judge William A. Fletcher, begins:
Circuit Judge Jay S. Bybee has written a lengthy dissent, concluding that “cases involving pretrial releasees [should be] subject to a balancing test that weighs the legitimate interests of the state against the individual privacy interests at stake in light of the unique circumstances and facts alleged.” Posted at 1:02 PM by Howard Bashman“State Loses Round In Air Base Fight”: Lynne Tuohy of The Hartford Courant provides this news update. Posted at 12:34 PM by Howard Bashman“Padilla’s detention upheld”: Lyle Denniston provides this report online at “SCOTUSblog.” Posted at 12:12 PM by Howard Bashman“US court upholds enemy combatant’s detention”: Reuters provides this report. And The Associated Press provides a report headlined “Court: ‘Dirty Bomb’ Suspect Can Be Held.” My coverage is here. Posted at 10:35 AM by Howard Bashman“Queen of Sky” attempts to become “Queen of Wrongful Termination Litigation”: The Atlanta Journal-Constitution reported yesterday that “Ex-flight attendant sues Delta over blog.” Posted at 10:15 AM by Howard BashmanToday’s rulings of note from the U.S. Court of Appeals for the Sixth Circuit: Does a habeas corpus petitioner’s claim of actual innocence impliedly waive the attorney-client privilege between the petitioner and his counsel in the trial at which the petitioner was convicted? Today a divided three-judge panel answers “no” on mandamus review, reversing a trial court’s ruling to the contrary. You can access the ruling at this link. And in a separate ruling, the Sixth Circuit today ruled that a county court in Tennessee could, without violating the U.S. Constitution, dismiss a female employee because she was openly and “deeply involved in a romantic relationship” with a man who was still married to another woman employed in another county court located just down the hall. Posted at 10:12 AM by Howard BashmanA toenail with class: The Seattle Times today contains an article headlined “Suit over toenail bill from clinic can be class action” that begins, “It began last year with Lori Mill’s toenail — or rather, with Mill’s $1,133 medical bill from Virginia Mason Medical Center for a 30-second office procedure on her toenail.” Posted at 10:00 AM by Howard BashmanBREAKING NEWS — Federal government wins on appeal to U.S. Court of Appeals for the Fourth Circuit in alleged dirty-bomber Jose Padilla’s habeas corpus case: You can access today’s ruling at this link. The opinion, written by Circuit Judge J. Michael Luttig on behalf of a unanimous three-judge panel, concludes:
My coverage of the South Carolina federal district court’s ruling in Padilla’s favor, which today’s decision reverses, can be accessed here. And in related coverage, on August 28, 2005 The San Francisco Chronicle published an article headlined “Lawyer defends ‘dirty bomber’ in name of everyone’s legal rights.” Posted at 9:21 AM by Howard Bashman“Minors must get parental consent for abortions; U.S. judge allows Ohio law to take effect”: The Cincinnati Enquirer contains this article today. The Cleveland Plain Dealer reports today that “Ohio abortion law upheld; Judge says restrictions begin immediately.” And The Dayton Daily News reports that “Court upholds consent for minors seeking abortions.” Posted at 8:10 AM by Howard Bashman“Senate Democrats Are Shifting Focus From Roberts to Other Seat”: This article appears today in The New York Times. USA Today reports today that “MoveOn.org says it won’t use evacuee images in Roberts ad” and “Title IX questions expected.” The New York Sun reports that “Ahead of Roberts Hearing, Republicans Strategize.” The Rocky Mountain News reports that “Allard seeks meeting with Roberts.” And The Tennessean reports that “VU professor to testify at Supreme Court hearing; Christopher Yoo worked with chief justice nominee John Roberts for 2 years.” In commentary, The Palm Beach Post contains an editorial entitled “A Supreme compromise.” The Miami Herald contains an editorial entitled “Chief Justice Rehnquist: He asserted the power and independence of the Court.” The Allentown Morning Call contains an editorial entitled “President’s strategy: Extend the legacy.” The South Florida Sun-Sentinel contains an editorial entitled “The president seeks to fill two vacancies on the U.S. Supreme Court.” BusinessWeek online offers essays entitled “Bush’s Supremely Risky Opportunity: The Religious Right will breathe fire if his two High Court picks aren’t hard-line anti-abortionists; But if they are, he’ll galvanize Dems” and “Why Not Scalia: The pugnacious darling of the Right was sidelined by the political calculus.” Today in The Hartford Courant, Lincoln Caplan has an op-ed entitled “Roberts’ Memos Belong To History – Not White House.” In The Naples Daily News, Dan K. Thomasson has an op-ed entitled “Bush’s prerogatives on the court.” In USA Today, Raul Reyes has an essay entitled “What a Hispanic justice would mean.” In The Washington Times, Terence P. Jeffrey has an op-ed entitled “Unfinished counterrevolution.” And in The Kennebec Journal, John N. Frary has an op-ed entitled “Here comes the judge: Confirmation hearings more about power than law.” Posted at 6:40 AM by Howard Bashman |
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