“N.C. Judge Tries Again for Federal Seat”: Jesse J. Holland of The Associated Press provides this report.
And FOX News reports that “Boyle Battle Highlights Judicial Nominee Fight.”
Posted at 23:24 by Howard Bashman
“Man in Plot to Kill Judge Says Slayings Are ‘Heinous'”: This article will appear Friday in The New York Times.
Posted at 23:10 by Howard Bashman
“Sears elected chief justice of Georgia Supreme Court”: The Atlanta Journal-Constitution contains this article today.
Posted at 23:05 by Howard Bashman
“White supremacist said judge’s life was not in danger in papers filed before murders”: This article will appear Friday in The Chicago Tribune.
The Associated Press reports that “Killing of judge’s family focuses attention on NJ radio host.”
And CNN.com reports that “Extremists applaud murder of judge’s relatives.”
Posted at 21:10 by Howard Bashman
“European justice rules top U.S. court”: Debra J. Saunders has this essay today in The San Francisco Chronicle.
Posted at 18:12 by Howard Bashman
“How judges cope with everyday threats on the job”: This article will appear Friday in The Christian Science Monitor.
Posted at 18:05 by Howard Bashman
“White Supremacist Denies Link to Killings”: The Associated Press provides this report from Chicago.
Posted at 16:45 by Howard Bashman
Access online a copy of the federal government’s brief in opposition to Zacarias Moussaoui’s petition for writ of certiorari filed in the U.S. Supreme Court: A copy of the federal government’s redacted brief in opposition can be accessed at this link. Back in January 2005, I posted online here (very large PDF file) a redacted copy of Moussaoui’s cert. petition.
Posted at 16:24 by Howard Bashman
“Smackdown Over Tribe”: Over at “The Volokh Conspiracy,” “Juan Non-Volokh” has a link-rich post that begins, “Ramesh Ponnuru and Tom Goldstein continue to duke it out over whether Larry Tribe presented a fictional account of his argument in the Richmond Newspapers case.”
Posted at 16:15 by Howard Bashman
“Nuclear Options and Term Limits in the Judicial Wars: What Will It Take to Overcome the Impasse?” Law Professor Rick Hasen has this post today at his blog.
Posted at 14:40 by Howard Bashman
View live online this afternoon’s judicial confirmation hearing in the Senate Judiciary Committee: You can access the live feed by clicking here (RealPlayer required). The hearing is scheduled to start at 2 p.m. eastern time.
Posted at 13:57 by Howard Bashman
U.S. Congressman seeks both the division and the unification of the U.S. Court of Appeals for the Ninth Circuit: Yesterday, Representative Mike Simpson (R-ID) — one of Congress’s leading proponents of legislation that would split the Ninth Circuit into three parts — introduced a bill (HR 1064) that would require the Ninth Circuit, when hearing and deciding cases en banc, to have all judges in regular active service participate.
Thus, instead of reporting on 6-5 en banc Ninth Circuit rulings, I might sometime soon be reporting on 14-13 en banc Ninth Circuit rulings (or perhaps a 10-9-8 three-way plurality ruling would be fun). Thanks much to Representative Simpson’s office for providing me with a copy of the bill.
Posted at 13:50 by Howard Bashman
“Bush has made spent fuel of Frist’s ‘nuclear option'”: The Hill yesterday published this essay by Dick Morris.
Posted at 12:42 by Howard Bashman
Available online from The New Republic: Will Baude has an essay entitled “Low Opinion: The use of international law in Roper made no sense,” while David Fontana has an essay entitled “Foreign Exchange: The use of international law in Roper will benefit U.S. foreign policy.”
Posted at 12:40 by Howard Bashman
Access online the Petition for Writ of Certiorari that the federal government filed on Monday in the U.S. Supreme Court asking for review of the ruling of the U.S. Court of Appeals for the Third Circuit declaring the Solomon Amendment unconstitutional: I have posted a copy of the cert. petition online at this link. Thanks much to the reader who so kindly forwarded an electronic copy of the cert. petition to me.
Update: Another reader emails to note why this case is enjoyable. According to the petition at page 10, the case involves “the receipt of federal funs.”
Posted at 11:40 by Howard Bashman
“A Lawyer’s Unlikely Journey Up the Legal Ladder”: Today in The New York Times, Ralph Blumenthal has an article that begins, “Win or lose, Thomas Van Orden savored the moment Wednesday as the lawsuit he brought here three years ago was preoccupying the highest judges of the land in Washington.”
Posted at 11:00 by Howard Bashman
Today’s the day: The Los Angeles Times today contains a front page article by Maura Dolan headlined “Is Justice Done in 2 Versions? A California murder case in which two juries were told differing accounts of events raises concerns about fairness, ethics and tactics.”
The Supreme Court of California is scheduled to announce its ruling on the merits of the matter at 1 p.m. eastern time today.
Update: You can access today’s ruling at this link.
Posted at 10:30 by Howard Bashman
Today’s Senate Judiciary Committee judicial confirmation hearing is scheduled to begin at 2 p.m.: Fourth Circuit nominee Terrence W. Boyle will be the central focus of today’s hearing. Two U.S. District Court nominees are also scheduled to appear, including U.S. Magistrate Judge James C. Dever III, who thanks to former U.S. Senator John Edwards (D-NC) may currently qualify as the longest-delayed federal district court nominee.
Posted at 10:02 by Howard Bashman
“Justices Rule Spy Contract Is Not Valid”: Linda Greenhouse has this article today in The New York Times.
In The Washington Post, Charles Lane reports that “Justices Rule Spies Cannot Sue U.S. Over Deals; 9 to 0 Decision Affirms Agencies’ Leeway in Hiring Foreign Agents.”
In The Los Angeles Times, Henry Weinstein reports that “2 Recruited to Spy for U.S. Can’t Sue CIA, Justices Say; The government would be vulnerable to ‘graymail’ if such litigation were allowed, Supreme Court rules.”
Michael McGough of The Pittsburgh Post-Gazette reports that “Ex-spies barred from suing CIA over broken promises.”
BBC News reports that “US spies ‘cannot sue government’; Spies cannot take the US government to court for allegedly reneging on their contracts, the Supreme Court has said.”
And on today’s broadcast of NPR‘s “Morning Edition,” Nina Totenberg had a segment entitled “High Court Rules Ex-Spies Cannot Sue CIA.”
Posted at 10:00 by Howard Bashman
“Michael Francis Lefkow, 64; Attorney fought for social justice”: The Chicago Tribune has published this obituary today. I have collected additional recent news coverage of the slayings in posts that can be accessed here and here.
Posted at 09:55 by Howard Bashman
“The Supreme Court Strikes Down the Death Penalty For Juvenile Offenders: A Morally Good Result, Supported by Less-Than-Convincing Legal Reasoning.” FindLaw commentator Edward Lazarus has this essay today.
Posted at 07:28 by Howard Bashman
“Display of Scripture May Split Justices”: David G. Savage has this article today in The Los Angeles Times.
Jan Crawford Greenburg of The Chicago Tribune reports that “Court debate of biblical proportions; 10 Commandments displays at issue.”
Joan Biskupic of USA Today reports that “Commandments cases may hinge on 1 high court justice; ‘It’s so hard to draw the line,’ O’Connor says during hearing.”
The Boston Globe reports that “Justices weigh Commandments case; Debate suggests court won’t render definitive ruling.”
The Washington Times reports that “Religious displays debated in court.”
The Baltimore Sun reports that “Justices weigh government-religion issues in Ten Commandments cases; Public display of biblical laws: Endorsement or fact of history?“
The Austin American-Statesman reports that “High Court hears arguments in Ten Commandments cases; Justices ask probing questions of lawyers on both sides.”
The Houston Chronicle contains articles headlined “Texas case before high court could redefine church, state; Justices weighing historical ties vs. endorsing religion” and “Capitol monument got its start in movie promotion; Cecil B. DeMille’s ‘Ten Commandments’ went from film to stone.”
The Dallas Morning News reports that “Dallas has its own granite Decalogue.”
The Fort Worth Star-Telegram reports that “Justices hear cases on Ten Commandments.”
The Herald-Sun reports that “Duke prof presents plaintiff’s case to court.”
The Louisville Courier-Journal reports that “High court seeks line between law, religion; Kentucky case brings hundreds to Washington.”
Michael McGough of The Pittsburgh Post-Gazette reports that “Court tackles religious displays.”
The New York Sun reports that “10 Commandments Frustrate Court.”
The News & Observer of Raleigh, North Carolina reports that “Ten Commandments cases go before high court; Justices debate legality of Texas, Kentucky displays.”
The Cox News Service reports that “Ten Commandments in court’s hands; Justices to decide fate of public display of tablets.”
The Tennessean reports that “With displays in courthouses, state apt to feel fallout of high court ruling.”
The Detroit News reports that “Commandments stir supreme debate; Michigan residents voice mixed opinions about public displays as top court takes up issue.”
And The Arizona Republic reports that “Monument at Capitol stirs debate; Church-state quandary at high court.”
Also today, The Washington Post contains an editorial entitled “Commandments in Context.”
Posted at 07:10 by Howard Bashman
“Cross-on-county-seal petition fails”: The Los Angeles Daily News contains this article today.
Posted at 07:04 by Howard Bashman
“Evidence Analyzed in Slayings of Judge’s Family; The execution-style killings in Chicago prompt a call to reassess security arrangements for the federal judiciary”: This article appears today in The Los Angeles Times.
The Chicago Tribune today contains articles headlined “Judge: I won’t back down; Lefkow defies killers, vows she’ll return to federal bench“; “DNA sought on cigarettes, drink can; Murder probe fans out like ‘spider web’“; “Hale seeking apology from U.S.“; “Parents certain that Hale had no link to murders“; “Internet leaves an open window on lives of judges“; and “No-nonsense jurist known as fair, patient.” The newspaper also contains an op-ed entitled “Some cases are too hot even for cops’ comfort” by columnist John Kass.
The Chicago Sun-Times reports that “Judge enraged at ‘hit’ on family.” And columnist Mark Brown has an essay entitled “Any way you look at it, this is pure madness.”
The Daily Herald of suburban Chicago reports that “Sketches released as family plans funeral.”
The Denver Post reports that “Murder of judge’s mom stuns local neighbors, friends; Donna Humphrey, 89, reportedly thought her daughter was safe despite worry about an earlier death threat.”
The Rocky Mountain News contains articles headlined “Sorrow, grief linger in empty law office” and “Wyoming had own brush with group.”
Finally for now, The Deseret Morning News reports that “Police look at pro-white leader with Utah ties.”
Posted at 06:50 by Howard Bashman
“Pryor Impressions: Alabamas want to know why Bill Pryor is being filibustered in the Senate.” Quin Hillyer has this op-ed today in The Wall Street Journal.
Posted at 06:45 by Howard Bashman
“N.C. judge to get hearing on long-delayed nomination”: This article appears today in The Winston-Salem Journal.
And The News & Observer of Raleigh, North Carolina on Tuesday contained an editorial entitled “Bench marks: Ideologue or independent? Critics say a federal judge from North Carolina is unfit for promotion, but his record shows strengths.”
Posted at 06:35 by Howard Bashman
“Justices Consider Religious Displays”: Linda Greenhouse will have this article Thursday in The New York Times.
In Thursday’s edition of The Washington Post, Charles Lane will report that “Division of Church, State At High Court; Ten Commandments Displays On Government Land at Issue.”
David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court Wrestles With Ten Commandments Issue.”
In Thursday’s edition of The Dallas Morning News, Allen Pusey will report that “High court hears arguments in Texas Commandments case.” That newspaper on Thursday will also report that “Many Commandments monuments started out as movie promotion.”
Fans of Jan Crawford Greenburg can read her article headlined “Court hears arguments on Ten Commandments displays” from Thursday’s issue of The Chicago Tribune and can listen to her interview (RealPlayer required) about the case from this evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer.”
Finally for now, The Fort Worth Star-Telegram on Thursday will report that “Texas looks to keep Commandments display on Capitol grounds.”
Posted at 23:45 by Howard Bashman
“Civil rights groups mobilize against judicial nominee”: Stephen Henderson and Tim Funk of Knight Ridder Newspapers have an article that begins, “National civil rights groups have taken an unusual lead role in an effort to keep Federal District Judge Terrence Boyle off the 4th U.S. Circuit Court of Appeals in Richmond, Va., saying his elevation would be ‘devastating’ to racial progress.”
And Thursday’s edition of The Washington Post will report that “Judges May Be Vetted for Mainstream Values; Confirmation Expected to Be Difficult as Legislators Clash Over Expectations.”
Posted at 23:40 by Howard Bashman
“Is Justice Done in 2 Versions? The state Supreme Court reviews two juries’ death penalty verdicts after the deputy D.A. gives differing accounts of a brutal murder.” Thursday’s edition of The Los Angeles Times will contain this front page article by Maura Dolan.
Posted at 23:38 by Howard Bashman
“White Supremacist’s Relatives Are Questioned in Killings”: This article will appear Thursday in The New York Times.
Thursday’s edition of The Washington Post will report that “Supremacists Suspected in Killings at Judge’s Home.”
CNN.com reports that “Chicago police release sketches; Men sought for interviews after slayings of judge’s relatives.”
And Thursday’s edition of The Chicago Tribune will contain articles headlined “Killings draw attention to protection of judges“; “Hale’s parents certain son wasn’t involved in killings“; and “Killings were ‘unthinkable,’ judge says.”
Posted at 23:25 by Howard Bashman
Available online from law.com: Tony Mauro reports that “Supremes Wrestle With Constitutionality of Commandments Displays.”
In other news, “Federal Circuit Grants Microsoft New Patent Trial.”
An article headlined “9th Circuit KO’s Arbitration Rules; Feds beat state court to punch, say ethics rules are pre-empted” reports on this decision that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
And in news from Florida, “Federal Appeals Court Overturns $55 Million Torture Verdict.”
Posted at 23:10 by Howard Bashman
“Judge fears murders tied to her job”: The Chicago Sun-Times provides this news update.
And The Chicago Tribune offers news updates headlined “‘It’s so unthinkable’” and “Police release sketches.”
Posted at 22:00 by Howard Bashman
He’ll fit in ever so nicely at the U.S. Supreme Court: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued a decision in which Circuit Judge J. Michael Luttig‘s opinion concurring in the judgment consists of the following:
I am sufficiently unclear as to the reasons for the majority’s holding, and therefore the implications of the court’s decision, that I simply concur in the judgment reached by the court.
Thanks to Steve Minor at the “SW Virginia law blog” for the pointer.
Posted at 20:52 by Howard Bashman
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “High Court Mulls Ten Commandments Displays” (featuring Nina Totenberg) and “Chicago Judge Was Target of Antipathy from White Supremacists.”
And today’s broadcast of “Talk of the Nation” contained segments entitled “Supreme Court Weighs Commandments” and “Ensuring Federal Judges’ Safety.”
RealPlayer is required to launch these audio segments.
Posted at 20:15 by Howard Bashman
“Take Two Tablets: The Supreme Court picks through the rubble of its Ten Commandments jurisprudence.” Slate has just posted online this Supreme Court dispatch by Dahlia Lithwick. She spoke about the case on today’s broadcast of NPR‘s “Day to Day” in a segment entitled “Slate’s Supreme Court Dispatches: Ten Commandments” (RealPlayer required).
Posted at 20:12 by Howard Bashman
“Supreme Court hears arguments on Ten Commandments displays”: Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 19:10 by Howard Bashman
Available online from cbs2chicago.com: The television station’s web site provides reports headlined “Evidence Revealed In Judge’s Family Murders” and “Durbin Offers Sympathies To Joan Lefkow.” The page that results from clicking on the first of those two links also provides numerous links along the right-hand column to videotaped reports relating to this matter that the television station has broadcasted today.
Posted at 19:04 by Howard Bashman
“Chicago murders spotlight risks to judges; Was Lefkow’s family targeted by white supremacists?” This article will appear Thursday in The Christian Science Monitor.
And Reuters reports that “Slaying of Chicago Judge’s Family Raises Security Concern.”
Posted at 18:10 by Howard Bashman
“Court Considers Government Displays of Ten Commandments”: Linda Greenhouse of The New York Times provides this news update.
And online at “SCOTUSblog,” Lyle Denniston asks, “Ten Commandments — a split verdict?“
Posted at 18:00 by Howard Bashman
Have you lost your enthusiasm for auctions of U.S. Supreme Court Justice bobblehead dolls? Reuters reports from Florida that “Stripper Selling Infamous Breast Implant on eBay.” According to the article, the current bid on the item is less than what’s been paid at auction for bobblehead Justices.
Posted at 17:04 by Howard Bashman
“Sears is Georgia’s first female chief justice”: The Associated Press provides this report on the first African-American woman to serve as the Chief Justice of Georgia’s Supreme Court.
Posted at 16:55 by Howard Bashman
“The Amazing Case of the Disappearing Reversals: Senate committee scheduled to explore court nominee Boyle’s bogus claims about extraordinarily high reversal rate in hearing tomorrow.” The organization People For the American Way has issued this press release today in advance of tomorrow afternoon’s judicial confirmation hearing in the Senate Judiciary Committee. PFAW’s report on Fourth Circuit nominee Terrence W. Boyle, which I first linked to here, can be viewed at this link.
Posted at 16:50 by Howard Bashman
“Judicial Jeopardy: Questions for Nominees.” The Nation has today posted online this essay by Garrett Epps.
Posted at 16:45 by Howard Bashman
“White Supremacist Groups Draw Scrutiny”: The Associated Press provides this report from Chicago.
Posted at 16:44 by Howard Bashman
Reuters is reporting: James Vicini reports that “Supreme Court Considers Ten Commandments Displays.” And in other news, “Court overturns $521 mln ruling against Microsoft.”
Posted at 15:35 by Howard Bashman
“More Security for Judges, Families Sought”: The Associated Press provides this report from Chicago.
Posted at 15:02 by Howard Bashman
“Kennedy pivotal in Ten Commandments debate; Justice chides ‘obsessive concern’ about religious displays”: Tom Curry, national affairs writer for MSNBC, provides this report.
And yesterday afternoon, Tom had a report headlined “Can Specter help Senate avoid nominee meltdown? Judiciary chairman tries to overcome filibusters.”
Posted at 14:42 by Howard Bashman
“Justices Hear Ten Commandments Arguments”: David G. Savage of The Los Angeles Times provides this news update.
Meanwhile, from The Associated Press, Hope Yen reports that “High Court Hears Debate Over Commandments.” And in related coverage, “Commandments Debate Prompts Demonstrations.”
Posted at 14:22 by Howard Bashman
“Ten Commandments Get Some Support at U.S. High Court”: Bloomberg News provides this report.
Posted at 14:20 by Howard Bashman
“The Blue State Court: The Justices continue their liberal social activism.” This editorial appears today in The Wall Street Journal.
Posted at 14:18 by Howard Bashman
“Assassins and other killers”: The Chicago Tribune today contains an editorial that begins, “For judges, prosecutors and witnesses, bringing criminals to justice can provoke reasonable fears and carry terrible costs.”
Posted at 14:15 by Howard Bashman
“Rehnquist Still Working Mostly From Home”: The Associated Press provides this report.
Posted at 14:10 by Howard Bashman
“Rough Justice: Scalia exposes a flip-flop on the competence of minors.” Overnight, Slate posted online this essay by William Saletan.
Update: Law Professor Orin Kerr responds, “Justice Scalia isn’t exactly a model of jurisprudential consistency, but those trying to play ‘gotcha’ with him have to do much better than this piece by William Saletan in Slate.”
Posted at 12:52 by Howard Bashman
“Courting the Public”: Dirk Olin has this op-ed today in The New York Times arguing that the federal method of judicial selection is better than electing judges as many States still do. On the other hand, running for elective judicial office at least assures an up-or-down vote.
Posted at 12:42 by Howard Bashman
“Appeals Court Orders New Trial in $500 Million Microsoft-Eolas Web Browser Case”: “Patently-O: Patent Law Blog” offers this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
I’m sure that the overturning of this judgment against Microsoft Corporation will be received as welcome news by that company, because from Microsoft’s perspective, $500 million here, $500 million there, and soon you’re talkin’ real money.
Posted at 12:25 by Howard Bashman
“State joins town’s appeal on prayer”: The Greenville News yesterday published an article that begins, “South Carolina has weighed in on an issue before the U.S. Supreme Court as to whether town officials should be allowed to mention Jesus Christ in prayers before council meetings, the state attorney general said Monday.”
Posted at 12:12 by Howard Bashman
“High Court Hears Debate Over Commandments”: Hope Yen of The Associated Press provides this early report on this morning’s oral argument.
Posted at 11:59 by Howard Bashman
“Filibuster Ban Test Site”: RJ Matson has this cartoon today in Roll Call.
Posted at 11:25 by Howard Bashman
“Price of Progress: For liberals, yesterday’s Supreme Court decision was a step forward on the death penalty; And maybe a step backward on abortion.” Dana Mulhauser has this essay online today at The New Republic.
Posted at 11:24 by Howard Bashman
“Going Gentle: Oregon’s suicide law faces its final hurdle.” Julian Sanchez has this essay online at Reason.
Posted at 11:08 by Howard Bashman
“Sixth-Circuit Shenanigans: The troubling history behind McCreary.” Kay R. Daly has this essay today at National Review Online.
Posted at 10:55 by Howard Bashman
“High Court Rules Ex-Spies Cannot Sue CIA”: Hope Yen of The Associated Press provides this report.
And James Vicini of Reuters reports that “Supreme Court Rules Cold War Spies Cannot Sue CIA.”
Posted at 10:25 by Howard Bashman
Today’s lone U.S. Supreme Court opinion in an argued case: The Court today announced its ruling in the Spy vs Spy case known as Tenet v. Doe, No. 03-1395.
Chief Justice William H. Rehnquist delivered the opinion for a unanimous Court. You can access the syllabus here, the Chief Justice’s opinion here, the concurring opinion of Justice John Paul Stevens here, the concurring opinion of Justice Antonin Scalia here, and the oral argument transcript here.
Today’s 9-0 ruling came in a case on review from the U.S. Court of Appeals for the Ninth Circuit, and thus the final line of the Court’s opinion all but wrote itself: “The judgment of the Court of Appeals is reversed.” My earlier coverage of this case can be accessed via this link.
Posted at 10:00 by Howard Bashman
“Yale schools vary on military recruiting policy”: This article appears today in The Yale Daily News. And The Cornell Daily Sun contains an editorial entitled “Closed Doors.”
Posted at 09:55 by Howard Bashman
Nina Totenberg is reporting: On today’s broadcast of NPR‘s “Morning Edition,” she had segments entitled “High Court to Rule on Public Display of 10 Commandments” and “High Court Strikes Down Death Penalty for Juveniles” (RealPlayer required).
Posted at 09:52 by Howard Bashman
“Judge’s Kin Said Shot in Head at Ill. Home”: The AP provides this report.
Posted at 09:50 by Howard Bashman
“Ten Commandments before high court; Explosive church-state issues from Kentucky, Texas”: CNN.com offers this preview.
Hope Yen of The Associated Press reports that “High Court to Hear Ten Commandments Case.”
And James Vicini of Reuters reports that “U.S. top court to consider Ten Commandments displays.”
Posted at 09:40 by Howard Bashman
“A Way to End Bitter Fights Over Justices”: Doug Bandow has this op-ed today in The Los Angeles Times.
Posted at 08:40 by Howard Bashman
“Battle of Judicial Nominee Resumes; GOP Leaders Eye Action on Filibuster”: This article appears today in The Washington Post.
The Washington Times reports that “Democrats to maintain filibusters on Bush nominees.”
Henry Weinstein of The Los Angeles Times reports that “Drop Judge Nominees, Democrat Urges Bush; A Colorado senator’s plea creates an unexpected obstacle to Senate confirmation.”
The Denver Post reports that “Salazar urges rescinding controversial nominees.”
USA Today reports that “Democrats dig in to block president’s judicial nominees.”
The Pittsburgh Post-Gazette reports that “Senate Democrats stiffen on federal court nominees.”
And The Palm Beach Post reports that “Senate moves closer to showdown over Bush nominees.”
Posted at 07:30 by Howard Bashman
“Court enters debate over display of Commandments”: Joan Biskupic has this article today in USA Today.
BBC News offers a report headlined “US battle over Ten Commandments.”
The Atlanta Journal-Constitution contains articles headlined “Supreme Court considers Ten Commandments appeals” and “Georgia watches court’s ruling; Precedent sought: Ten Commandments displays wait on the Supreme Court’s cases.”
The Herald-Sun reports that “Duke prof at high court over Ten Commandments today.”
The Louisville Courier-Journal reports that “Kentuckians will attend commandments debate; Two cases merged, reach U.S. justices.”
The Casper Star-Tribune reports that “Fate of Casper’s Commandments hinges on Supreme Court.”
The La Crosse Tribune reports today that “Sale of Ten Commandments site constitutional.”
And The Austin American-Statesman today contains an editorial entitled “Establishing reason.”
Posted at 07:14 by Howard Bashman
The St. Louis Post-Dispatch is reporting: Today’s newspaper contains articles headlined “Court bars juvenile executions” and “Victim’s sister is outraged by court ruling sparing killer.”
Posted at 07:10 by Howard Bashman
“Relatives of U.S. Judge Slain in Chicago Home; White Supremacist Had Ordered Judge Killed”: This article appears today in The Washington Post.
The Los Angeles Times reports today that “Husband, Mother of Judge Slain in Chicago.”
The Boston Globe reports that “Judge’s kin are slain; Mother, husband shot; police probe supremacist link.”
USA Today reports that “Marshals guard targeted judge; Police say it’s too early to link 2 killings, plot.”
The Chicago Tribune today contains articles headlined “‘Execution-style’ hits; Officers find broken window, bloody shoe print; Judge, family placed under tight security“; “On the Web, allies of Hale cheer slayings“; “Fellow jurists won’t let fear stand in way of justice“; “How judge became target of hate“; and “Spouse’s love, mom’s pride remembered.”
The Chicago Tribune today also contains an essay by columnist Eric Zorn entitled “Political killings carry a threat for all society” and an essay by columnist John Kass entitled “Lefkow killings heated by what we don’t know.”
The Chicago Sun-Times contains articles headlined “Detectives probe mysterious calls, suspicious car“; “Judges across nation appalled by murders“; and “Couple represented ‘everything we want people to be.’” An editorial is entitled “Heinous crime, naturally, turns thoughts to hate.” Columnist Carol Marin has an essay entitled “Slayings not just tragedy on Lefkow home front.” And columnist Mark Brown has an essay entitled “Justice isn’t always blind and fair — sometimes that’s a good thing.”
The Daily Herald of suburban Chicago contains articles headlined “Looking for leads” and “Judges say threats impacted them.”
The Rocky Mountain News today contains articles headlined “Slayings reverberate in Colorado; 89-year-old victim had been longtime Lakewood resident“; “Racist link considered; Killings strike home of judge whose life once was targeted“; and “Lefkow had protection in ’03 visit.”
The Denver Post reports that “Federal judge’s kin slain in Chicago.”
And The St. Louis Post-Dispatch reports that “Hate groups draw focus in Chicago killings.”
Posted at 07:00 by Howard Bashman
“Ninth Circuit Doesn’t Flip Over Use of Coin in Verdict; Panel Won’t Reverse Verdict Decided by Coin”: The Daily Journal of California today contained this interesting article reporting on a non-precedential ruling (majority opinion here; dissenting opinion here) that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 23:40 by Howard Bashman
Available online from law.com: Tony Mauro has articles headlined “Supreme Court Ends Juvenile Death Penalty” and “The Supreme Court’s Own Commandments.” In the second of those two articles, Mauro hilariously reports that the version of the Ten Commandments found in the U.S. Supreme Court’s main courtroom commands viewers to steal, kill, and commit adultery.
Meanwhile, in other news, “Senate Committee Zeroes In on 9th Circuit Nominee’s Record.”
Posted at 23:30 by Howard Bashman
“Democrats on Senate Panel Pummel Judicial Nominee”: Neil A. Lewis will have this article Wednesday in The New York Times.
Posted at 23:22 by Howard Bashman
“Supreme Court, 5-4, Forbids Execution in Juvenile Crime”: Linda Greenhouse will have this article Wednesday in The New York Times.
In Wednesday’s edition of The Washington Post, Charles Lane will report that “5-4 Supreme Court Abolishes Juvenile Executions.” Related articles will be headlined “Malvo Deal Fell Through, Lawyer Says; Pr. William Won’t Try Sniper, Who Offered to Testify Against Muhammad in 2003” and “Ruling Likely to Spare Va. Inmate; Malvo’s Prospects Are Also Affected.”
And David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court Halts Death Penalty for Juveniles.”
Posted at 23:14 by Howard Bashman
“Santa Ana Says Image Is at Stake in Court Fight; Officials fear the city’s role as county seat could be threatened if UC Irvine wins as the site for a new Court of Appeal building”: The Los Angeles Times contains this article today.
Posted at 23:10 by Howard Bashman
“Haunted by Threats, U.S. Judge Finds New Horror”: This article will appear Wednesday in The New York Times.
And The Chicago Tribune on Wednesday will contain articles headlined “Safety becomes concern for more judges, sources say” and “White nationalists continue focus on judge, family.”
Posted at 23:00 by Howard Bashman
“How Bitter Will The Next S. Ct. Nomination Be?” Tom Goldstein has this interesting post online at “SCOTUSblog.”
Posted at 21:58 by Howard Bashman
On this evening’s PBS broadcast of “The NewsHour with Jim Lehrer“: The program contained a segment entitled “Majority Leader Attacks Filibuster Use” (transcript provides link to RealAudio).
And Jan Crawford Greenburg of The Chicago Tribune discussed (RealPlayer required) today’s juvenile death penalty ruling from the U.S. Supreme Court.
Posted at 21:45 by Howard Bashman
“Court Takes Another Step in Reshaping Capital Punishment”: Adam Liptak will have this article in Wednesday’s edition of The New York Times.
Posted at 21:40 by Howard Bashman
“Court upholds legal fees in female kicker case”: The Associated Press provides this report. My coverage from earlier today can be accessed here.
Posted at 20:58 by Howard Bashman
Available online from cbs2chicago.com: The following video reports are available online: “Murder Of Judge’s Family Might Be Linked To Her Career“; “Press Conference About Murders At Home Of Judge Joan Lefkow“; and “One Judge Says Threats Are Sometimes Part Of the Job” (featuring an interview with Senior Seventh Circuit Judge William J. Bauer).
Posted at 20:45 by Howard Bashman
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Supreme Court Raises Eligible Age for Death Penalty” (featuring Nina Totenberg); “Brief Argues That Juvenile Offenders Are Different from Adults“; “Federal Judge’s Husband, Mother Murdered“; and “Senate Revisits Debate over Bush Judicial Nominee.”
In addition, today’s broadcast of “Talk of the Nation” contained a segment entitled “Judicial Appointments in the Bush Era” featuring an interview with Senate Judiciary Committee Chairman Arlen Specter (R-PA).
Posted at 19:10 by Howard Bashman
In Wednesday’s edition of The Christian Science Monitor: Warren Richey will have articles headlined “Juvenile death penalty abolished; In a seminal 5-to-4 decision, the Supreme Court strikes down capital punishment for those who commit crimes under age 18” and “Dispute over public display of the Ten Commandments; The court hears cases Wednesday that challenge public displays.”
An article will bear the headline “One man’s trip from streets to Supreme Court: He’s slept in a tent for years; But now, Thomas Van Orden’s case about church and state is at the pinnacle of law disputes.”
And in other news, “Flap ensues over hiring ex-jurors.”
Posted at 19:02 by Howard Bashman
CNN.com is reporting: Now available online are articles headlined “Malvo won’t stand trial in Virginia case; Prosecutor cites Supreme Court ruling on death penalty” and “Judge finds bodies of husband, mother in home; Authorities ask for public’s help.”
Posted at 19:00 by Howard Bashman
“Bush Accused of Playing ‘Chicken’ Over Judge Picks”: Reuters provides this report.
Posted at 18:04 by Howard Bashman
“Supreme Court Strikes Down Death Penalty for Juveniles”: Charles Lane has this news update online at The Washington Post.
Meanwhile, over at the “Blue Mass. Group” blog, David (whom Eugene Volokh once described as “a liberal former Supreme Court clerk”) has a post titled “I admit that this makes me nervous.”
Posted at 17:40 by Howard Bashman
The Associated Press is reporting: Now available online are articles headlined “Teen Sniper No Longer Faces Death Penalty” and “Gonzales Defends Bomb Suspect’s Detention.”
Posted at 17:35 by Howard Bashman
“Judge McConnell on The Establishment Clause”: The blog “Power Line” offers a post that begins, “Last night, I attended a lecture by Judge Michael McConnell of the 10th Circuit Court of Appeals at the University of Minnesota Law School.”
Posted at 17:25 by Howard Bashman
“Senator Urges Bush to Withdraw Candidates”: Jesse J. Holland of The Associated Press has a report that begins, “A freshman Democratic senator urged President Bush on Tuesday to withdraw all of his renominated judicial candidates, a blow to Republicans who had hoped to get the lawmaker’s support to break possible filibusters.” Today’s statement by U.S. Senator Ken Salazar (D-CO) can be accessed here.
And the text of the “nuclear option” speech that U.S. Senator Robert C. Byrd (D-WV) delivered today on the floor of the U.S. Senate can be accessed at this link.
Posted at 17:22 by Howard Bashman
“Death Row by the Numbers: The Supreme Court invalidates capital punishment for juveniles.” Slate has just posted online this jurisprudence essay by Dahlia Lithwick.
Posted at 16:10 by Howard Bashman
“Wide Divide On Juvenile Justice”: CBS News legal analyst Andrew Cohen has this essay today.
Posted at 16:00 by Howard Bashman
“City gears up slaying probe”: The Chicago Sun-Times offers a news update that begins, “Chicago police have called in detectives from all over the city to investigate the shooting deaths of the husband and mother of U.S. Judge Joan Lefkow.”
Posted at 15:34 by Howard Bashman
“Court Rejects Death Penalty for Juveniles”: David G. Savage of The Los Angeles Times provides this news update.
And today’s broadcast of NPR‘s “Day to Day” contained segments entitled “Slate’s Jurisprudence: Court Abolishes Juvenile Death Penalty” (featuring Dahlia Lithwick) and “Defender Discusses Juvenile Death Penalty Ruling” (featuring Seth Waxman). RealPlayer is required to launch these audio segments.
Posted at 15:25 by Howard Bashman
Duke University loses its challenge to $350,000 attorneys’ fee award in favor of football place kicker who recovered $1 in nominal damages in her Title IX suit: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued this decision in favor of Heather Sue Mercer. An earlier Fourth Circuit ruling in the case can be accessed at this link.
Posted at 15:20 by Howard Bashman
The Associated Press is reporting: Jesse J. Holland reports that “Dems Counter Bush on Judgeship Vacancies.”
And in news from Chicago, “Judge Put Under U.S. Protection in Ill.“
Posted at 14:10 by Howard Bashman
“Task force launched in Lefkow slayings”: The Chicago Tribune has just posted online a news update that begins, “A possible link between the slayings of a federal judge’s husband and mother and the conviction last year of a white supremacist who tried to have her killed is one of several facets an investigative task force will pursue, Chicago officials said today.”
Posted at 14:05 by Howard Bashman
“Senate to Reconsider Bush Judicial Appointees”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
Posted at 12:50 by Howard Bashman
The federal government yesterday filed its petition for writ of certiorari seeking U.S. Supreme Court review of the U.S. Court of Appeals for the Third Circuit‘s decision declaring the Solomon Amendment unconstitutional: A copy of the federal government’s cert. petition is not yet available online, but I will post the petition or link to it just as soon as it becomes available.
In somewhat related news, The Cornell Daily Sun reports today that “Solomon Amendment Panel Stirs Emotions.”
Posted at 12:40 by Howard Bashman
“High Court Ends Death Penalty for Youths”: Hope Yen of The Associated Press provides this report. And James Vicini of Reuters reports that “Supreme Court Bars Executions of Murderers Under 18.”
Posted at 12:10 by Howard Bashman
Available online from The Chicago Tribune: In connection with yesterday evening’s discovery of the dead bodies of a federal judge’s spouse and mother, the blog “Eric Zorn’s Notebook” contains this post. And the newspaper has posted online this audio of an interview (RealPlayer required) with the reporter who wrote this morning’s lead story for that newspaper.
Posted at 11:40 by Howard Bashman
Two shy: At the conclusion moments ago of today’s Senate Judiciary Committee confirmation hearing for Ninth Circuit nominee William Gerry Myers III, Chairman Arlen Specter (R-PA) reported that he counts 58 votes for cloture on the nomination. No Democrat on the committee appears to support the nomination, however, while several appear to oppose it quite adamantly.
Posted at 11:17 by Howard Bashman
Looking for a slap-down of the Supreme Court of Missouri for its failure to follow binding U.S. Supreme Court precedent on the constitutionality of the death penalty for murders committed at 16 or 17 years of age? It would appear that the only place this issue is addressed in today’s juvenile death penalty ruling is in the final two pages of Justice Antonin Scalia’s dissent.
Update: A reader correctly notes that Justice Sandra Day O’Connor also criticizes the Supreme Court of Missouri on this ground at pages 7-8 of her dissent.
Posted at 10:45 by Howard Bashman
From Justice Antonin Scalia’s dissent in today’s decision declaring unconstitutional the death penalty for murders committed before the age of 18: Justice Scalia writes:
The Court thus proclaims itself sole arbiter of our Nation’s moral standards–and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent.
You can access the complete dissent at this link.
Posted at 10:32 by Howard Bashman
BREAKING NEWS — “The Supreme Court has struck down the death penalty for juvenile killers.” The Associated Press provides this news alert.
Posted at 10:08 by Howard Bashman
Today’s U.S. Supreme Court opinions: The Court today has issued two opinions in argued cases.
1. Justice Anthony M. Kennedy announced the opinion of the Court in Roper v. Simmons, No. 03-633. According to early news reports, “High Court Ends Death Penalty for Youths.” You can access the syllabus here, Justice Kennedy’s opinion here, Justice John Paul Stevens’ concurring opinion here, Justice Sandra Day O’Connor’s dissenting opinion here, Justice Antonin Scalia’s dissenting opinion here, and the oral argument transcript here.
2. Justice Stephen G. Breyer announced the opinion of the Court in Cherokee Nation of Okla. v. Thompson, No. 02-1472. You can access the syllabus here, Justice Breyer’s opinion here, Justice Antonin Scalia’s opinion concurring in part here, and the oral argument transcript here.
Posted at 10:00 by Howard Bashman
In news from Oklahoma: Today’s edition of The Oklahoman contains an article headlined “Judge Lile resigns” that begins, “Judge Steve Lile resigned Monday from the Oklahoma Court of Criminal Appeals, ending an attorney general’s investigation into his actions.” The newspaper has also posted online the judge’s resignation letter and a statement from Oklahoma’s Attorney General. The Oklahoman has collected additional articles on the matter at this link.
Posted at 09:40 by Howard Bashman
On the agenda: Today’s Senate Judiciary Committee confirmation hearing for Ninth Circuit nominee William Gerry Myers III is scheduled to get underway one hour from now, at 9:30 a.m. The announcement of hearing can be accessed at this link. Once underway, live streaming video of the hearing can be accessed here (RealPlayer required).
Myers is the first previously filibustered judicial nominee to come before the new U.S. Senate for a confirmation hearing, and thus today’s hearing may prove to be more interesting than his last one, which if I recall correctly was rather boring.
Also, at 10 a.m. today, the U.S. Supreme Court is scheduled to issue one or more decisions in argued cases.
Posted at 08:30 by Howard Bashman
“Nude Man Covered in Cheese Gets Probation”: The Associated Press provides this report. And in local coverage, The Daily Times of Maryville, Tennessee reports today that “Nacho cheese bandit pleads guilty to charges.”
Posted at 07:25 by Howard Bashman
“Cruise Line Gets Towed Into Court; Justices hear case of a disabled passenger who wants U.S. anti-bias laws applied to ocean travel”: David G. Savage of The Los Angeles Times has this article today.
Charles Lane of The Washington Post reports that “High Court Reviews Access for Disabled on Foreign-Flag Cruise Ships.”
Joan Biskupic of USA Today reports that “Court weighs disabled access on cruise ships.”
And The Houston Chronicle reports that “High court takes up cruise case; Justices question applying U.S. laws to foreign ships.”
In news coverage of yesterday’s other U.S. Supreme Court oral argument, Michael McGough of The Pittsburgh Post-Gazette reports today that “Court skeptical on new trial plea; Prisoner says he was misled on sentence.”
Posted at 07:20 by Howard Bashman
“Court intrigue is just looking for an opening”: Joan Biskupic has this article in USA Today today.
Posted at 07:15 by Howard Bashman
“High Court to Rule on 2 States’ Displays of 10 Commandments; In separate cases, justices will decide whether monuments in Texas and Kentucky violate constitutional division of church and state”: David G. Savage has this article today in The Los Angeles Times.
The Houston Chronicle reports that “Abbott to argue statue’s ‘historical role’; State AG to make case to high court for keeping the Commandments on Capitol grounds.”
The San Antonio Express-News reports that “Texas AG maps defense of Ten Commandments.”
The Washington Times reports that “Court to hear Commandments cases.”
The Baltimore Sun today contains articles headlined “Commandments debate evokes strong emotions; A U.S. Supreme Court case could resolve a battle over principles in two Maryland towns” and “Idealistic vision becomes focus of church, state fight; Fraternal group began Commandments effort as ethical guide to young.”
And The Guardian (UK) reports that “Supreme court to rule on Ten Commandments.”
Posted at 07:10 by Howard Bashman
“Judge Says U.S. Terror Suspect Can’t Be Held as an Enemy Combatant”: Neil A. Lewis has this article today in The New York Times.
The Los Angeles Times reports that “Judge Rules Terror Suspect Must Be Charged or Freed.”
The Washington Times reports that “Judge says charge Padilla or free him.”
And The Greenville News reports that “‘Dirty bomb’ suspect may be released.”
Posted at 07:00 by Howard Bashman
“Judicial Nominee to Face Senate Panel Again; William G. Myers III, ex-Interior solicitor, is opposed by Indian and environmental groups”: Henry Weinstein of The Los Angeles Times has this article today.
The Chicago Tribune reports today that “Gonzales steps into fray over judges; Attorney general calls for swift Senate votes, renewal of Patriot Act.”
The Morning Call of Allentown, Pennsylvania contains an editorial entitled “Calm leadership is of prime importance as judicial nomination wars continue.”
And The Washington Times contains an editorial entitled “A contradictory Biden.”
Posted at 06:45 by Howard Bashman
“Federal judge’s family killed; Husband, mother found slain in basement; Jurist had been a target of white supremacist”: This article appears today in The Chicago Tribune, along with an article headlined “Victim, judge ‘very close.’“
The Chicago Sun-Times reports today that “Two found slain at judge’s home.”
And The Daily Herald of suburban Chicago reports today that “Bodies found in high-profile judge’s home.”
Posted at 06:30 by Howard Bashman
“Judge’s husband, mother found dead”: The Chicago Tribune provides a news update that begins, “The federal judge whom white supremacist Matthew Hale attempted to have murdered found her husband and mother lying dead in her house when she returned home Monday night, police said.”
And The Chicago Sun-Times offers an AP report headlined “Two found dead in home of federal judge.”
Additional coverage of this developing story is available online via the web sites of cbs2 and NBC5.
Posted at 00:14 by Howard Bashman
