U.S. Supreme Court agrees to decide constitutionality of preferential tax incentives: “TaxProf Blog” provides this report. My earlier coverage of the Sixth Circuit’s ruling can be accessed here and here.

“Federal Government Renews Effort to Curb Porn”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.” According to the segment, the federal government’s appeal in the Extreme Associates case will be argued before the U.S. Court of Appeals for the Third Circuit next month. The trial court’s opinion can be accessed here, and news coverage of that ruling is collected here.

“Nomination Could Soon Follow Roberts Vote”: Jesse J. Holland of The Associated Press provides this report.

“Toward the Framers’ Understanding of Advice and Consent: An Historical and Textual Inquiry.” This article (abstract with link to download) by Adam J. White will appear in the Fall 2005 issue of the Harvard Journal of Law and Public Policy. The article concludes that “‘advice and consent,’ as likely understood by the Framers, did not include an implicit Senate obligation to act on judicial nominations.”

“JAGS Not Welcome: America’s top law schools try to figure out a way around the Solomon Amendment.” Scott Johnson has this essay online at The Weekly Standard.

“US court to decide Ohio tax credit for Jeep plant”: James Vicini of Reuters provides this report.

The Associated Press is reporting: Gina Holland reports that “Anna Nicole’s Case Goes to Supreme Court” and “Supreme Court to Review Tax Incentives.”

And in other news, “High Court to Hear Campaign Finance Cases” and “Court to Decide Case on Police Searches.”

My coverage of the Ninth Circuit’s ruling in the Anna Nicole case can be accessed here.

Today’s U.S. Supreme Court Order List: The Order List, by means of which the Court agreed to hear eleven new cases, can be accessed at this link. “SCOTUSblog” describes here what issues the cases present. And Law Professor Rick Hasen, at his “Election Law” blog, asks whether today’s cert. grants will herald a new era in the Court’s campaign finance jurisprudence.

“Evolution Lawsuit Opens in Pennsylvania”: The New York Times contains this article today.

The Washington Post reports today that “Pa. Case Is Newest Round in Evolution Debate; ‘Intelligent Design’ Teaching Challenged.”

The Chicago Tribune reports that “Intelligent design duels Darwin in ‘Scopes II’; In a federal case that could echo across U.S., parents argue school district flouts Constitution.”

The Philadelphia Inquirer contains an article headlined “First day for trial on ‘intelligent design’; The case pits the Dover Area School District against eight families who say the teaching violates church and state.”

The Atlanta Journal-Constitution reports that “Intelligent design suit inspired by local man’s ideas.”

Newsday reports that “Evolution controversy intensifies; Families sue after school board says ‘intelligent design’ should be addressed in science curriculum.”

The Allentown Morning Call reports that “‘Intelligent design’ goes on trial.”

The Harrisburg Patriot-News contains articles headlined “Professor says Dover ‘misleads’ students; Science-class text creates confusion, witness tells court” and “Harrisburg finds itself in the spotlight.”

And The News Journal of Wilmington, Delaware reports that “Del. schools sticking with evolution.”

“Roberts Debate Starts, but Outcome Is Clear”: This article appears today in The New York Times, along with an article by Adam Liptak headlined “Clues on How Roberts Might Rule on Libel.”

Today in The Wall Street Journal, Jess Bravin has an article headlined “Assessing a Wishlist for the Justice System; Changes on Supreme Court Could Advance Goals Of Reagan-Era Document on Constitution” (free access).

The Houston Chronicle reports that “Bush hints ‘diversity’ will guide next pick; His choice could make history with a Hispanic justice.”

The Pittsburgh Post-Gazette reports that “President signals diversity influencing next top-court pick; Roberts vote likely to occur by Thursday” and “Specter asks Supreme Court to let TV cover its sessions.”

Newsday reports that “Bush must choose his battles; His popularity depressed, the president has to decide how much he’s willing to fight for next court pick.”

The San Francisco Chronicle contains an article headlined “A prequel for the next showdown: Shadow falls on beginning of Roberts hearing in the full Senate.”

The Los Angeles Times reports that “4 Democrats on ’08 List to Vote Against Roberts; Some say the senators’ decisions have a strong political dimension; Party activists are insisting that candidates staunchly resist Bush.”

The Washington Times reports that “Roberts seen headed to easy Senate confirmation.”

And The Hill reports that “Leahy felt blindsided by Sen. Reid.”

In commentary, The Day of New London, Connecticut contains an editorial entitled “Confirm Judge Roberts: Legal brilliance, experience commend him for the Supreme Court.”

The Washington Times contains an op-ed by Bruce Fein entitled “Under the law.”

And in The Washington Post, columnist George F. Will has an op-ed entitled “For Roberts, Hubris And Heartstrings…,” while columnist Richard Cohen has a companion op-ed entitled “…And an Easy Life With Easy Answers.”

“Bush Lawyers Ask Justices to Revive Limit on Abortion; The appeal seeks to reinstate a late-term ban that has been ruled unconstitutional”: David G. Savage has this article today in The Los Angeles Times.

Available online from law.com: An article reports that “Senator Seeks to Block Use of Eminent Domain for Private Gain.”

And in other news, “Fla. Justices: Gun Maker’s Insurance Doesn’t Cover Cities’ Suits.”

With just under four days to go, the high bid on a Chief Justice William H. Rehnquist bobblehead doll being auctioned at eBay has reached only $102.50: You can view the complete listing at this link. Just the other day, one of these sold at auction on eBay for a whopping $2,151.99.

“Solomon Brief Tackles Federal Aid; Friend-of-the-court brief argues amendment justifies funding to universities”: This article appears today in The Harvard Crimson.

“Justice Breyer Proposes a New Path for the Post-Rehnquist Court”: Adam Cohen has this Editorial Observer essay today in The New York Times.

“John Roberts v. Thurgood Marshall: In 1954, the Supreme Court thought it had ended public school segregation; It was wrong.” Nat Hentoff has this essay online today at The Village Voice.

“Sources: Bush could announce next court pick Friday.” CNN.com provides this report.

And Bloomberg News reports that “Senators Urge Moderate for Next High Court Vacancy.”

“Pentagon announces further delay in Hicks case”: Reuters provides this report. My earlier coverage is here.

Last Thursday’s Sixth Circuit order staying Ohio’s abortion law: Available here.

Senior circuit judge’s general discussion five years ago about possibly retiring from the bench and then working for a law firm representing a party in an appeal now pending before that judge does not provide a basis for recusal: Senior Second Circuit Judge Ralph K. Winter issued this opinion today explaining the basis for his decision not to recuse from hearing an appeal.

“Young John Roberts: Reasonable On Civil Rights.” Stuart Taylor Jr. has this essay in today’s issue of National Journal.

“We will attempt to reopen on Tuesday the 27th, and ask all employees to make all reasonable efforts to be in Houston for work on that date.” The U.S. Court of Appeals for the Fifth Circuit provides this notice at that court’s web site.

Access online the federal government’s petition for writ of certiorari asking the U.S. Supreme Court to uphold the constitutionality of the federal Partial-Birth Abortion Ban Act of 2003: I have posted a copy of the cert. petition online at this link.

“Science vs. religion disquiets small Pa. town”: This article appears today in The Philadelphia Inquirer.

Relatedly, this week’s “Debate Club” feature at legalaffairs.org between Francis J. Beckwith and Douglas Laycock is titled “Is Teaching Intelligent Design Illegal?”

The Associated Press is reporting: Now available online is an article headlined “Supreme Court May Hear Abortion Case.”

And Jesse J. Holland reports that “Senate Begins Debate on Roberts Nomination.”

“Uncomfortable Positions: Roberts will be confirmed; But Democrats shouldn’t embrace him.” John B. Judis has this essay (pass-through link) today online at The New Republic.

And last Friday, The Nation posted online an essay by Bruce Shapiro entitled “The Roberts Converts.”

“Government appeals on abortion ban”: Lyle Denniston provides this report at “SCOTUSblog.” My earlier coverage of the Eighth Circuit’s ruling can be accessed here.

“‘Intelligent Design’ Court Battle Begins”: The Associated Press provides this report.

“4 First Amendment cases on fall docket”: Tony Mauro provides this report online at the First Amendment Center.

Proceedings in the military trial of Australian Guantanamo prisoner David Hicks have been postponed: The presiding officer in United States v. Hicks issued this order last Friday. Under the new schedule, preliminary motions won’t be heard until November 18, 2005.

Just last week, it was widely reported that preliminary motions would be heard in the Hicks case as early as October 3, 2005. Reuters reported last week that “US to resume trial of Australian Guantanamo inmate” and “Defense not ready for Australian’s Guantanamo trial.” The Australian reported last week that “Hicks to face hearing within 30 days.” And The Age of Mebourne published an article headlined “OK for Hicks trial ‘an abomination.’”

In today’s other development, Reuters reports that “Australian held in Guantanamo seeks UK passport.” The Age today contains an article headlined “Hicks aims yorker at trial plan” and provides an online news update headlined “Citizenship bid may be too late for Hicks.” The Sun (UK) provides a news update headlined “Terror man’s Brit bid.” And The Sydney Morning Herald on Tuesday will report that “Delay in citizenship bid pits Hicks against time.”

A/k/a “Guilty-Until-Proven-Innocent”? Saturday’s edition of The Daily Local News of West Chester, Pennsylvania contained an article headlined “Lawyer: Client not a ‘Scuz’” that begins, “The Merriam-Webster Dictionary, 11th edition, defines scuzzball as ‘an unpleasant, dirty or dangerous person; creep.’ It defines scuzzy as ‘dirty, shabby or foul in condition or nature.’ Court-appointed defense attorney Laurence Harmelin, citing the dictionary notation, contends that his client, accused killer Demetrius ‘Scuz’ Fiorentino, is neither. Harmelin asked Common Pleas Court Judge Phyllis Streitel Friday to preclude any references to Fiorentino’s nickname in the upcoming murder trial.”

“Roberts Confirmation Heads to Senate Floor”: Jesse J. Holland of The Associated Press provides this report.

The debate on the floor of the U.S. Senate over the nomination of John G. Roberts, Jr. to be Chief Justice of the United States will begin at 1 p.m. today and can be viewed live online via C-SPAN2 (RealPlayer required). In addition, last Thursday’s vote of the Senate Judiciary Committee can be viewed at this link (RealPlayer required).

“Pa. Case Weighs Intelligent Design in Schools”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”

“Scalia Defends Government’s Right to Deny Art Funds”: This article appeared Friday in The New York Times (via “Underneath Their Robes“).

And in related news, an article headlined “A Justice as Parade Leader” begins, “Justice Antonin Scalia of the United States Supreme Court will serve as grand marshal for the Columbus Day Parade in Manhattan this year, the parade’s organizers said yesterday.”

Finally, nineteen years ago today, “William H. Rehnquist was sworn in as the 16th chief justice of the United States, while Antonin Scalia joined the Supreme Court as its 103rd member.”

“Blawg Review #25”: Just posted here.