Available online from law.com: Tony Mauro has articles headlined “Supreme Court Asked to Hear Voting Rights Case; More than 600,000 Floridians with felony convictions claim 1968 law improperly bans them from voting” and “Bill Allowing Cameras in Supreme Court Gains Momentum.”
In other news, “Inmate Rights, States’ Rights Clash Before High Court; Georgia prisoner seeks $1.2 million in damages under disability law.”
And in news from Florida, “Lawyers’ Group Investigates Leak of Online Comment to Judge; Sanctions possible, after confidentiality of trial lawyers’ Web forum is breached.”
“School board that backed intelligent design ousted”: This article appears today in The Pittsburgh Post-Gazette.
The Harrisburg Patriot-News reports today that “Dover voters reject ‘intelligent design’ board; Voters dump incumbents over intelligent design.”
The York Daily Record reports today that “Dover boots board; Board members who made changes to science class received the fewest votes.”
The York Dispatch reports today that “Dover dumps designers; Group opposed to intelligent design sweeps school board.”
And this evening’s broadcast of NPR‘s “All Things Considered” contained a segment entitled “Intelligent Design Candidates Voted Out in Penn.” (RealPlayer required).
Law bloggers at the Supreme Court of the United States: Yesterday was a two-blogger day at the U.S. Supreme Court (see here and here). Was it the first time that ever happened?
By contrast, today was merely a one-blogger day at the U.S. Supreme Court (see here).
Three law bloggers arguing at the U.S. Supreme Court in two consecutive days. Is that a record?
“Ramps in the Big House: The Supreme Court contemplates disability rights for prisoners.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.
And this evening’s broadcast of NPR‘s “All Things Considered” contained a segment entitled “High Court Weighs Rights of Disabled Prisoners” (RealPlayer required) featuring Nina Totenberg.
The Associated Press is reporting: Now available online are articles headlined “Senate Judiciary Dems Take Aim at Alito” and “Roe v. Wade Attorney Leaning Against Alito.”
In other news, “Utah Asks Court to Reject Nuclear Dump.”
An article reports that “Kansas Senator Leads Push Vs. Gay Marriage.”
And an article is headlined “Senator: Bar Terror Suspects From Court.”
“Supreme Court to Hear Case on Military Tribunals”: This segment (RealPlayer required) featuring Law Professor Neal Katyal appeared on today’s broadcast of NPR‘s “Talk of the Nation.”
The Associated Press is reporting: An article reports that “Alito Favored Equal Treatment on Adultery.”
And in other news, “Senators Push for Cameras in Courts.” The prepared texts of statements presented at today’s Senate Judiciary Committee hearing can be accessed via this link.
Third Circuit Judge Samuel A. Alito, Jr.‘s law clerks urge his confirmation to the U.S. Supreme Court: Please increase the value of our clerkships, they urge in a letter to the Senate Judiciary Committee that you can access here (via National Review Online’s “Bench Memos“).
“How Judge Alito Applied the First Amendment on Campus: His Important Decision On a Public School’s Anti-Harassment Policy.” FindLaw commentator Julie Hilden has this essay today.
“Alito & the law of defamation”: Gayle Sproul has this essay online at the First Amendment Center.
And Mark Goodman has an essay entitled “Nominee’s opinions reveal respect for student speech.”
“Times and Reporter Reach Agreement on Her Departure”: The New York Times provides a news update that begins, “The New York Times and Judith Miller, a veteran reporter for the paper, reached an agreement today that ends her 28-year career at the newspaper and caps more than two weeks of negotiations.”
“Pentagon: Detainees Must Be Treated Well.” This report from The Associated Press states, in its concluding paragraphs:
In a related matter, Sen. Lindsey Graham, R-S.C., is considering proposing legislation that would eliminate habeas corpus rights for detainees captured in the war on terrorism.
Detainees held at the Guantanamo Bay, Cuba, jail have turned to U.S. courts to file habeas corpus lawsuits challenging their detentions. Graham’s proposal, which he may try to attach to a defense bill the Senate is considering, would bar them from doing so.
The American Civil Liberties Union and other rights groups are urging senators to oppose the proposal.
I have posted online the text of the proposed jurisdiction-stripping amendment at this link.
Available online at Reason: Jacob Sullum has an essay entitled “When Leviathan Is a Republican: Democrats should appreciate the advantages of federalism.”
And Harvey A. Silverglate has an essay entitled “Give Alito a Chance: The Supreme Court nominee shows sensitivity to civil liberties.”
“The Little Supremes — Meet the Next Generation of Robertses and Alitos: Blazers, No Nose Rings, Strunk and White Sarcasm; ‘If They Wanted It,’ One Says, ‘They Wouldn’t Say It.'” This article appears in the November 14, 2005 issue of The New York Observer (via “Underneath Their Robes“).
“Slate’s Jurisprudence: Does ADA Apply Behind Bars?” This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR‘s “Day to Day.”
“Clemency bid for Nobel-nominated killer; Crips gang leader’s books urge others not to emulate him”: Bob Egelko has this article today in The San Francisco Chronicle.
And in The Los Angeles Times, Henry Weinstein reports that “Gov. Is Asked to Spare Inmate; Attorneys for Stanley ‘Tookie’ Williams ask Schwarzenegger to commute his death sentence; He is scheduled to be executed Dec. 13.”
This past Sunday, San Francisco Chronicle columnist Debra J. Saunders had an op-ed entitled “No clemency for ‘Tookie.’”
“Supreme Court Shocker: Nigro Ousted; Newman Survives by Slim Margin”: The Legal Intelligencer provides this news update.
“Defense Casts Al-Arian as Fighter Akin to Heroes of American Revolution”: Josh Gerstein has this article (pass-through link) today in The New York Sun.
The St. Petersburg Times reports today that “Prosecution rests case against Al-Arian, others; A defense attorney says the government has edited and spun the defendants’ words to create a false impression of ties to terrorism.”
And The Tampa Tribune today contains an article headlined “Defense: Al-Arian Exercised His Rights.”
“The ADA in prisons”: At “SCOTUSblog,” Lyle Denniston has a report on one of today’s oral arguments that begins, “The death of the Supreme Court’s ‘federalism revolution’ might have been pronounced prematurely.”
“Justices Consider Disabled Inmate’s Suit”: Gina Holland of The Associated Press provides this report.
“Senate considers circuit breakup”: This article appears today in (of all places) The Daily Tar Heel of Chapel Hill, North Carolina.
And The Seattle Post-Intelligencer today contains an editorial entitled “Federal Courts: Don’t split the 9th.”
“Justices Hear Home-Search Case”: Charles Lane has this article today in The Washington Post.
In today’s edition of USA Today, Joan Biskupic reports that “Supreme Court seems split on police searches of homes.”
Stephen Henderson of Knight Ridder Newspapers reports that “Supreme Court hears arguments in case over house search.”
Michael McGough of The Pittsburgh Post-Gazette reports that “High court debates house-search case; Justices rule with workers in pay dispute.”
The Houston Chronicle reports that “Consent for police searches of homes divides high court; Justices to decide what happens when one resident gives permission but another objects.”
And online at Slate, Dahlia Lithwick has a supreme court dispatch headlined “Stay Out of My Sock Drawer: The Supreme Court asks if a wife can let the police look for her husband’s drugs.”
Available online from National Public Radio: Today’s broadcast of “Morning Edition” contained segments entitled “Supreme Court Weighs Prisoner’s Disability Suit” (featuring Nina Totenberg) and “Florida Terrorism Trial Winds Down.”
And yesterday evening’s broadcast of “All Things Considered” contained a segment entitled “High Court Rules in Favor of Workers in Pay Case.”
RealPlayer is required to launch these audio segments.
“Texas Court Clears Way for New Yates Trial”: The AP provides a report that begins, “The Texas Court of Criminal Appeals refused Wednesday to reconsider a lower court’s decision to overturn Andrea Yates capital murder convictions for drowning her children in a bathtub in 2001.”
The Associated Press is reporting: Now available online are articles headlined “Calif. Split on Abortion Notification“; “Pa. Voters Oust a Supreme Court Justice“; and “Pennsylvania Voters Oust School Board.”
“High Court Rules In Favor of Workers In Pay Dispute”: Jess Bravin has this article today in The Wall Street Journal.
Sixth Circuit reverses grant of summary judgment against Spirit Airlines, and in favor of Northwest Airlines, on Spirit’s claim that Northwest engaged in predatory pricing and other predatory tactics in the leisure passenger airline markets for the Detroit-Boston and Detroit-Philadelphia routes: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
“Alito’s Senior Thesis on the Italian Constitutional Court”: Law Professor Roger P. Alford provides this analysis at the “Opinio Juris” blog.
Virginia is for lovers, but no oral sex please: The Associated Press provides a report headlined “Appeals court upholds conviction in Va. Beach sodomy case” that begins, “The Virginia Court of Appeals on Tuesday upheld the conviction of a Virginia Beach man who police say solicited oral sex from an undercover officer in a department store restroom. The court rejected defense arguments that a U.S. Supreme Court ruling striking down anti-sodomy and similar state laws nullified a Virginia statute outlawing oral sex.”
You can access yesterday’s ruling of the Court of Appeals of Virginia at this link.
“Cameras in the Courtroom”: Thanks to cameras in the U.S. Senate, you can watch this morning’s Senate Judiciary Committee hearing live by clicking here (RealPlayer required). Details of the hearing are available at this link.
“Gonzales raps justices for citing foreign laws; But scholars say no rulings rely on them”: The Chicago Tribune today contains an article that begins, “Atty. Gen. Alberto Gonzales is traveling to Chicago to take a pointed stand Wednesday against the practice by some Supreme Court justices of citing international law and norms in their opinions.”
“Alito Signals Reluctance to Overturn Roe v. Wade”: This front page article appears today in The Washington Post. And the newspaper also contains articles headlined “At Seton Hall, Professor Alito Wore a Cloak of Inscrutability” and “Her Idea of Justice: Absolutely Not Alito; Confirmed Liberal Nan Aron Seeks Same.”
The New York Times reports today that “Designee Woos Senators on Both Sides of Abortion Debate.”
The Los Angeles Times reports that “Senators Feel Assured on Abortion After Alito Visit; A moderate Democrat and Republican think the high court nominee will not overturn Roe; An abortion foe also praises the judge.”
USA Today reports that “Alito ad storm waiting to strike after the holidays.”
In The Boston Globe, Charlie Savage reports that “Senators say Alito voiced respect for Roe; Moderates Collins, Lieberman quote from private talks.” And in related coverage, “Democrats seek answers from Alito on Vanguard case.” And in commentary, columnist Jeff Jacoby has an op-ed entitled “Privacy by decree.”
The Newark Star-Ledger reports that “Alito rejects ‘idea of philosophical labels’; Top court nominee describes himself as a ‘traditionalist.’”
The Washington Times reports that “Alito tells senators he respects precedent.”
The Daily Princetonian reports that “Alito thesis offers few new clues” and “With low draft number, Alito joined ROTC.”
The Hartford Courant reports that “Alito Reassures Moderates; Lieberman Encouraged By Nominee’s Stance On Roe, Other Precedents.” And in commentary, columnist Michele Jacklin has an op-ed entitled “What’s At Stake: The Right To Privacy.”
The Kansas City Star contains an article headlined “‘The type of nominee I’ve been asking for’” that begins, “Sam Brownback finally found a Supreme Court nominee he could embrace.”
The Cleveland Plain Dealer reports that “Rep. Brown writes concerns about Alito on worker-rights.”
The Forum of Fargo, North Dakota reports that “Conrad meets with Alito.”
The Norwich Bulletin contains an article headlined “Lieberman: No promise for nominee.”
And The New Britain Herald reports that “Lieberman calls Alito decision challenging.”
In other commentary, in The Chicago Sun-Times, columnist Jennifer Hunter has an op-ed entitled “Court nominee ‘regressive.’”
And in The Denver Post, columnist Al Knight has an op-ed entitled “Court reform not easy.”
“Advice to the Chief Justice: To You, I’m Known as Nino.” Linda Greenhouse has this very interesting article today in The New York Times.
In case you thought that the U.S. Courts of Appeals should have more than three active judges with the last name Smith: law.com reports that “White House Looks at Two Names for 9th Circuit.” According to the article, those names, for two Ninth Circuit vacancies, both happen to be Smith.
“Justice voted out for 1st time; Voter anger over pay raises led to a narrow loss for Russell Nigro; Justice Newman was retained”: This article appears today in The Philadelphia Inquirer.
The Harrisburg Patriot-News reports that “Nigro ousted from top court; Newman wins; Citizens seize their first chance to make a statement to elected state officials and, through the Supreme Court, they make it a historic one.”
The Pittsburgh Post-Gazette reports that “Voters reject Supreme Court Justice Nigro.”
And in The Philadelphia Daily News, columnist John Baer has an op-ed entitled “Pa. Justice Nigro is scapegoat for pay rage.”
Current election returns can be viewed at this link.
