“Group Gets Lesson On Jackson’s Supreme Seat”: The Post-Journal of Jamestown, New York today contains an article that begins, “This supple, black-skinned beauty supported Robert Jackson’s back with every question he asked on the Supreme Court bench.”
“Red faces as court rejects silky-smooth lawyer”: This article will appear Thursday in The Sydney Morning Herald.
“Mack execution more open than previous deaths”: The Reno Gazette-Journal today contains an article reporting that “for the first time in Nevada history, the entire process will be open to the public, from the viewing of the full lethal injection procedure to reviewing of the prison’s execution protocol, after the Reno Gazette-Journal sued the state Department of Corrections to open the curtains and release the document.” The newspaper has posted online the “confidential” State of Nevada death penalty manual at this link.
“Prosecutor: Diaz didn’t report all funds to IRS; Supreme Court justice’s attorney says he paid the right amount but may have been late.” This article appears today in The Clarion-Ledger of Jackson, Mississippi.
“Lambda Legal Asks California Supreme Court to Hear Case on Behalf of Lesbian Denied Infertility Treatment by Christian Fundamentalist Doctors”: Lambda Legal Defense and Education Fund issued this press release yesterday.
“Obscenity statute still dead; Federal appeals court affirms that the law is unconstitutional”: Creative Loafing Atlanta provides a report that begins, “Consider it one small step for free-speech advocates — and one giant step for sex-crazed Georgians: The 11th U.S. Circuit Court of Appeals has upheld a February ruling that Georgia’s obscenity statute is unconstitutional.”
Last month, I discussed that ruling in my column headlined “11th Circuit’s Abuzz With Sex Toy Litigation.”
“Yet Another Apology from A3G”: At “Underneath Their Robes,” “Article III Groupie” is back.
Today’s U.S. Supreme Court opinions in argued cases: At “SCOTUSblog,” Lyle Denniston has a post titled “Court rules on tax sales, retaliatory prosecution.”
The first ruling of the day issued in Hartman v. Moore, No. 04-1495. Justice David H. Souter delivered the opinion of the Court, in which Justices John Paul Stevens, Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. Justice Ruth Bader Ginsburg delivered a dissenting opinion, in which Justice Stephen G. Breyer joined. The Chief Justice recused himself from the case, which originated from the D.C. Circuit. And the case was argued before Justice Samuel A. Alito, Jr. joined the Court, so he also did not participate. You can access a pre-decision summary of the case here, and the oral argument transcript is here.
The second and final ruling of the day issued in Jones v. Flowers, No. 04-1477, a case that notwithstanding its title has nothing to do with former President Clinton (although this case, coincidentally, happens to arise from Arkansas). The Chief Justice delivered the opinion of the Court, in which Justices Stevens, Souter, Ginsburg, and Breyer joined. Justice Thomas issued a dissenting opinion, in which Justices Scalia and Kennedy joined. This case was likewise argued before Justice Alito joined the Court, so he again did not participate. You can access a pre-decision summary of the case here, and the oral argument transcript is here.
“Judge nixes U.S. bid for secrecy in Oregon suit; Wiretaps – The decision marks a rare challenge to government requests to keep legal filings from opponents”: The Oregonian today contains an article that begins, “A federal judge Tuesday rebuffed the U.S. government’s initial attempt to file a secret declaration in an Oregon lawsuit challenging the legality of the National Security Agency’s warrantless surveillance program.”
On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained segments entitled “High Court Hears Lethal Injection Case” (featuring Nina Totenberg) and “Is Web Surfing a Job Hazard?” RealPlayer is required to launch these audio segments.
“Sunny Judicial Hearings May Mask Clouds”: Roll Call today contains an article (subscription required) which reports that yesterday, “Specter emerged from a meeting in Majority Leader Bill Frist’s (R-Tenn.) office and declared that there would be a committee vote Thursday on a quintessentially controversial nominee, White House Secretary Bret Kavanaugh.”
“Alito key in death penalty case; As the U.S. Supreme Court rehears arguments over Kansas’ law, its newest member could tip the scales toward execution”: This article appears today in The Wichita Eagle.
The Kansas City Star reports today that “High court rivals duel on Kansas death law; Scalia, Souter seek to win over Alito.”
The Topeka Capital-Journal reports that “Justices pose pointed death penalty queries; Kline, Kansas public defender offer interpretations of law.”
The Lawrence Journal-World reports that “Court balances death penalty; High court hears Kansas case again with Alito on bench.”
And in The Houston Chronicle, Patty Reinert reports that “Alito ready to break tie in death penalty case; Ruling on Kansas law is being closely watched to gauge court on execution.”
In today’s edition of The Hartford Courant: Lynne Tuohy has articles headlined “Judicial Backfire; Case That Triggered Widespread Outrage Had Modest Beginning” and “Expert Urges Examination Of Action.”
The second of those two articles begins, “A prominent legal ethics expert said former Chief Justice William Sullivan’s suppression of a controversial ruling, designed to enhance Justice Peter T. Zarella’s chances of succeeding him as chief justice, appears to be a ‘bull’s-eye violation’ of the Code of Judicial Conduct.”
“Lay says he never saw collapse coming; He testifies he still believes that ‘the balance sheet was strong'”: Mary Flood has this article today in The Houston Chronicle.
The New York Times reports today that “Lay Blames Financial Officer and Newspaper Articles for Enron’s Fall.”
The Washington Post reports that “Enron Founder Blames Ex-CFO; Lay Says He Was Shocked by Deals.”
The Los Angeles Times reports that “Lay Says Articles Hurt Faith in Enron.”
And USA Today reports that “Lay’s day on stand doesn’t go smoothly; Defense hits snags laying groundwork, sets off judge.”
“Jurors in Moussaoui Case Pause to Ask for Dictionary”: This article appears today in The Washington Post.
And The Richmond Times-Dispatch reports today that “Moussaoui jury still deliberating.”
“Companies face RICO lawsuits on illegals”: Today’s issue of USA Today contains an article that begins, “In legal cases with potential repercussions for businesses and employees, current and former workers are accusing U.S. companies of violating immigration law and driving down wages. The federal lawsuits — against carpet maker Mohawk Industries, Tyson Foods, retailer Wal-Mart, and others — are winding their way through appeals courts. The Mohawk case will be argued today before the U.S. Supreme Court.”
“As Challenges to Lethal Injection Mount, Justices Set to Hear Case”: Charles Lane has this article today in The Washington Post.
And The St. Petersburg Times reports today that “Top court looks at Fla. death row; A condemned Florida inmate renews the death penalty debate, as his argument against lethal injection will be heard today by the U.S. Supreme Court.”
The Washington Post is reporting: Today’s newspaper contains articles headlined “Va. Terror Case Sent Back to Lower Court; Appeals Panel Cites Eavesdropping Program” and “Anacostia Pollution Limits Tightened; EPA Ordered to Make Caps for River Daily, Not Annual.”
In today’s edition of The Los Angeles Times: The newspaper contains an article headlined “For the Justice Department, a Welcome Conviction; The government has experienced a series of missteps and false starts in some terrorism cases.”
And an editorial entitled “Free-speech fashion” begins, “If students at a public school have a 1st Amendment right to wear black armbands as an antiwar protest — and they do, according to the U.S. Supreme Court — does a Christian student have a similar right to wear a T-shirt proclaiming ‘Homosexuality Is Shameful’? He should, despite a recent federal appeals court ruling so sweeping and loosely reasoned that it virtually begs the Supreme Court to overrule it.”
The Associated Press is reporting: Gina Holland reports that “Supreme Court to Debate Lethal Injection.”
And in other news, “Court to Hear Appeal Over Illegal Workers.”
In today’s edition of The New York Times: Linda Greenhouse reports that “Justices Reject Immunity Below State Level.”
In other news, “Microsoft in European Court Says 2004 Ruling Is a Failure.”
An editorial entitled “Lethal Cruelty” begins, “Lethal injection is considered by some to be a more humane alternative to the electric chair. But the Supreme Court hears arguments today in a case that shines a light on the reality: if lethal injection is poorly administered, it can in fact be particularly barbaric.”
And TimesSelect subscribers can access Adam Cohen’s Talking Points essay entitled “Reining In Justice Scalia.”
“Can the Government Limit Speech to Protect a Captive Audience? A Court Rejects a High School Student’s Claimed Right to Anti-Gay Speech While Legislatures React to Offensive Protests at G.I. Funerals.” Michael C. Dorf has this essay today online at FindLaw.
“Top court to sit in Clark on Wednesday; The judges move from Columbus for the day as part of a justice education program for high school students”: The Dayton Daily News contains this article today.
“The Bible Bench — The message from fundamentalists to state jurists is clear: Judge conservatively, lest ye not be a judge.” This article appears in the May/June 2006 issue of Mother Jones magazine.
“Bloggers-Meet-Readers on Thursday, April 27, 9 pm, in Cambridge”: At “The Volokh Conspiracy,” Eugene Volokh provides the details of a gathering that I’m looking forward to being a part of this Thursday night.
“Conservative legislators raise new questions about Nuss case”: In news from Kansas, The Associated Press provides a report that begins, “Several senators who’ve criticized Supreme Court rulings on school finance raised new questions Tuesday about Justice Lawton Nuss’ conversation with two other senators with an education funding lawsuit still before the court. They asked why Nuss waited until last week, six weeks after his March 1 conversation, to remove himself from the lawsuit that led to the court ordering legislators last year to increase aid to public schools.”
“Cross-burner’s high-court appeal rejected; 12-year stint stands: The cross was lit on SLC couple’s lawn in 1996.” The Salt Lake Tribune contains this article today.
“Police err over warrant? U.S. Supreme Court listens to arguments in Brigham City case.” This article appears today in The Deseret Morning News.
And The Salt Lake Tribune today contains an article headlined “Justices hear Brigham City case; Loud party, fight: The ruling could clarify when police are justified to enter a home without a warrant.”
“Commandments display upheld; Mercer exhibit mirrors two high court rejected”: The Louisville Courier-Journal today contains an article that begins, “A federal court yesterday upheld a Ten Commandments display at the Mercer County, Ky., courthouse — even though the display is identical to one that the U.S. Supreme Court ruled unconstitutional in two other Kentucky counties last year. The decision by the 6th U.S. Circuit Court of Appeals, based in Cincinnati, upheld a December ruling by a three-judge panel on the court that validated the display.” My earlier coverage is here.
Federal District Court of Guam nomination news: Among the nominations that the White House announced today was “Frances Marie Tydingco-Gatewood, of Guam, to be Judge for the District Court of Guam for the term of ten years, vice John S. Unpingco, term expired.” The nominee currently serves as an Associate Justice on the Supreme Court of Guam.
“Jury selected for Diaz trial; Opening arguments planned today”: The Biloxi Sun Herald today contains an article that begins, “Opening arguments are set for today in the federal tax-evasion trial of state Supreme Court Justice Oliver Diaz Jr., who was acquitted last summer on federal bribery charges.”
“State justices, in a first, rule ex-worker can sue for wife’s death from asbestos”: This article appears today in The Newark Star-Ledger. My earlier coverage is here.
“No grilling for NJ nominees to federal court”: The Newark Star-Ledger provides this news update.
“Corporate immigration violators face anti-mafia law”: In Wednesday’s edition of Financial Times, Patti Waldmeir will have this preview of a case being argued tomorrow before the U.S. Supreme Court.
“Death Math: The Supreme Court tinkers with the calculus of capital punishment.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.
And in other coverage, CNN.com reports that “Justices spar in death penalty debate; Court’s decision on weighing factors due in June.”