“Clinton to support Alito filibuster; Says she’ll join Sen. Kerry in blocking Alito’s nomination, putting her at odds with top Democrats”: Newsday provides this update.
And in related coverage, Saturday’s edition of The Washington Post will contain an article headlined “Blogs Attack From Left as Democrats Reach for Center.”
“Bush Presses On in Legal Defense for Wiretapping”: Eric Lichtblau and Adam Liptak will have this article Saturday in The New York Times.
“Judge to Remain in Terrorism Trial”: The New York Times today contains an article that begins, “A federal appeals court yesterday rejected an attempt by prosecutors to oust a judge from a terrorism case, dismissing the government’s argument that the judge, Shira A. Scheindlin, was biased in favor of the defendant.”
Available online from law.com: Marcia Coyle reports that “Alito’s ‘Murder Board’ a Mix of the Legal Elite; Ted Olson, Harriet Miers on rehearsal staff.”
Tony Mauro reports that “Political Spotlight Shines on Judicial Ethics; Justice Antonin Scalia’s participation in Federalist Society seminar raises some questions.”
An article reports that “N.Y. Federal Judge Keeps Terror Trial Over Removal Request; Panel rules Scheindlin acted within discretion.”
In news from Georgia, “Courthouse Shooting Victims’ Suits Hinge on Issue of Sheriff’s Employment.”
In news from Texas, “The Big Show: Jury Selection Crucial Element in Imminent Lay-Skilling Trial; Voir dire begins today amid judge’s assurances of a fair trial in Houston.”
And the brand new installment of my weekly column is entitled “Redact This: Preserving Secrets on Appeal in the Digital Age.”
“Bring It On: John Kerry tries to revive the filibuster.” This editorial appears today in The Wall Street Journal.
The Associated Press is reporting: Gina Holland has an article headlined “Senators Pitch Limiting Judges’ Free Trips” that begins, “Three senators on Friday proposed new limits on expense-paid trips for federal judges and a system to let the public know about potential courthouse conflicts.”
David Kravets reports that “Exxon Mobil Urges Court to Erase Judgment.”
And an article is headlined “Filibusters: Know Them When You See Them.”
Available online from law.com: An article is headlined “Are Punitive Damage Awards Too High? Two leading scholars crunch the numbers and come up with very different answers on jury awards.”
Justin Scheck has an article headlined “9th Circuit Panel: Overseas Sex With Minor Subject to Regulation.”
And in news from Texas, “Baggage Check: Next Trial True Test for Enron Task Force.”
En banc Fifth Circuit, by a vote of 9-7, holds that federal agriculture disaster payments, enacted by Congress to compensate farmers for crops planted but destroyed by drought or flood, are not included within a farmer’s Chapter 7 bankruptcy estate when the federal law was enacted after the bankruptcy filing: You can access today’s en banc ruling at this link. The Fifth Circuit’s new chief judge wrote the dissenting opinion. The Fifth Circuit’s former chief judge did not participate in the en banc ruling, perhaps because her husband was author of the three-judge panel’s ruling.
“Kerry Eyes Filibuster over Alito Nomination”: This segment (RealPlayer required) appeared on this evening’s broadcast of NPR‘s “All Things Considered.”
“Hearing Date Set for Google-U.S. Dispute”: The Associated Press provides this report.
“Don’t Ask, Don’t Tell, Don’t Recruit; University liberals clash with military recruiters’ policy against openly gay soldiers”: The Guardian of the University of California, San Diego contained this article yesterday.
Also yesterday, The San Francisco Chronicle contained an op-ed by Law Professor Lawrence C. Levine entitled “‘Don’t ask, don’t tell’ policy open to First Amendment challenge.”
And earlier this month, columnist Peter A. Brown had an op-ed entitled “Pentagon, academia need to make up” in The Orlando Sentinel.
“Homeowners divided over land seizure; A small Palm Beach County town is embroiled in a bitter fight over whether economic redevelopment trumps the rights of private property owners”: This article appears today in The Miami Herald.
“Democrats Squabble Over Alito Filibuster”: The Associated Press provides a report that begins, “Long-smoldering Democratic dissension flared openly Friday as liberals sought support for a last-minute filibuster of Supreme Court nominee Samuel Alito against the advice of leaders worried about a backlash in the 2006 elections.”
“Hatch’s tax woes remain unsettled; A spokesman for the U.S. Attorney’s office says in similar tax-evasion cases, a defendant ‘has to pay all the taxes he owes'”: This article appears today in The Providence (R.I.) Journal.
“Conrad Says ‘No’ to Filibuster; Senator Meets Again With Supreme Court Nominee Judge Samuel Alito”: U.S. Senator Kent Conrad (D-ND) issued this statement today. In it, Senator Conrad states, “Based on today’s meeting, I am leaning in favor of voting for Judge Alito.”
“Democrats Split over Prospect of Alito Filibuster”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.”
The Associated Press is reporting: Now available online are articles headlined “Lawyers Challenged to Simplify Enron Case“; “Victims, Experts Set to Follow Enron Trial“; and “BlackBerry Shutdown Fears Overblown.”
“Judge affirms spam suits; Md. appellate ruling upholds tool against unsolicited e-mail”: The Baltimore Sun today contains this article reporting on a ruling that the Court of Special Appeals of Maryland issued yesterday.
Eleventh Circuit affirms award of $117,000 to plaintiff who sued for being falsely imprisoned inside a Barnes & Noble store: You can access today’s ruling at this link.
Judge Alito rules: For those saddened by the short duration of today’s debate on the floor of the U.S. Senate, the U.S. Court of Appeals for the Third Circuit today issued two opinions in which Circuit Judge Samuel A. Alito, Jr. joined. Although Judge Alito wrote neither opinion, in one he cast the deciding vote. The decisions are available online here and here.
“Coulter Jokes Justice Should Be Poisoned”: The Associated Press provides a report that begins, “Conservative commentator Ann Coulter, speaking at a traditionally black college, joked that Justice John Paul Stevens should be poisoned.”
And in local coverage of the speech, The Arkansas Democrat-Gazette today contains an article headlined “Author fires up LR college audience; For liberals and conservatives, Coulter arouses range of emotions.”
“It’s best not to mock a judge on the Internet after he’s dealt with you; He might just call you back into his court, then toss you in jail”: “Obscure Store” points to this article published today in The Detroit Free Press.
“Appeals court jurist committed to family, faith, volunteerism”: This obituary of Sixth Circuit Judge Susan Bieke Neilson appears today in The Detroit News.
Liberty Mutual’s second attempt to remove lawsuit to federal court under Class Action Fairness Act of 2005 fares better than its first in the Seventh Circuit: Circuit Judge Frank H. Easterbrook has issued this opinion today on behalf of a unanimous three-judge panel. Back in June 2005, on behalf of a somewhat different three-judge panel, Judge Easterbrook issued an opinion in the same case refusing to review the federal district court’s earlier refusal to permit removal of the case to federal court.
“Boxer X appeals the dismissal, pursuant to 28 U.S.C. §1915A, of his civil rights action under 42 U.S.C. §1983 against Angela Harris, a guard at his Georgia prison, who, according to the complaint, made him strip and masturbate for her enjoyment.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today. Accepting the prisoner’s factual allegations as true, the court today reinstates the lawsuit because the plaintiff “has stated a claim under our privacy jurisprudence and for retaliation under the First Amendment.”
“Reid admits Democrats can’t block Alito”: Reuters provides this report.
And Jesse J. Holland of The Associated Press reports that “Republicans Clear the Way for Alito Vote.”
Debate on the nomination resumes on the floor of the U.S. Senate at noon today. You can watch live, online via C-SPAN2 (RealPlayer required).
“U.S. appeals court says won’t move Enron trial”: Reuters provides this report.
And today in The Houston Chronicle, Mary Flood has articles headlined “Lawyers to share table near jury; Prosecution, defense to switch off, judge decides” and “Only two defendants, but many accused; Government will cite nearly 100 ‘unindicted co-conspirators.’”
“GOP sets up showdown over Alito; Massachusetts senators try ‘uphill’ filibuster push”: CNN.com provides this report.
And at “Daily Kos,” U.S. Senator John Kerry (D-MA) has a post titled “Filibuster Alito.”
In reviewing labor-management arbitration awards, the Sixth Circuit fails to take the severely restricted standard of review specified by the U.S. Supreme Court seriously enough: So contends Circuit Judge Jeffrey S. Sutton in a very interesting concurring opinion issued today.
In news from Indiana: The Indianapolis Star reports today that “Abortion bill defines start of life; Conception is it, doctors would have to tell women.” The proposed legislation can be accessed here, while additional background on the proposed legislation is available via this link.
And The Associated Press reports that “Indiana inmate executed just minutes after court ruling.” Lyle Denniston offers additional coverage at “SCOTUSblog.”
“Valdez spill lingers in court and on Alaska shores”: Reuters provides this report.
Available onine from The Associated Press: David Kravets has an article headlined “Exxon Valdez Judgment Dispute Back in Court” reporting on a case to be argued today before the U.S. Court of Appeals for the Ninth Circuit.
And in news from Italy, “Judge to Rule on Merit of Christ Case.”
The Sacramento Bee is reporting: Today’s newspaper reports that “Kenneth Starr to assist death row clemency bid.” My earlier coverage is here.
And yesterday, the newspaper reported that “Moussaoui’s lawyers may get pre-9/11 data; Judge in sentencing case tells U.S. to turn over intelligence files to the defense.” My earlier coverage is here.
“Kerry, Kennedy Threaten Filibuster on Alito”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
Day three of debate on whether to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States is scheduled to begin on the floor of the U.S. Senate at noon today. You can view the proceedings live, online via C-SPAN2 (RealPlayer required).
“Bredesen has shot to shape high court; Retirements let governor name 3 of 5 justices”: The Tennessean today contains an article that begins, “With two Tennessee Supreme Court justices announcing their resignation this week, Gov. Phil Bredesen has the rare opportunity to select a majority of the court within one year.”