In today’s mail: My advance reader’s edition of “Anonymous Lawyer: A Novel.”
Thanks to everyone who submitted contest ideas for awarding another copy of the book to a “How Appealing” contest entrant. We have a winner in contest for the best contest idea, and that person has just received an email from me. Next Monday morning, I will launch the contest itself using the contest proposal that was my favorite from among those proposals that various readers of this blog submitted in response to this earlier post.
“Government Seeks Court’s Dismissal of Abduction Case”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
NPR’s summary of the audio report states: “A federal court hears a government motion to dismiss a suit brought by a German citizen who alleges he was abducted in Europe. The man says he was handed over to U.S. agents, beaten and then transferred to a secret prison in Afghanistan. He was released without explanation five months later. The CIA says evidence in the case is protected by the state secrets privilege and can’t be brought to trial.”
“President’s aid sought in battle to save cross; Hunter wants the site declared national park”: The San Diego Union-Tribune today contains an article that begins, “In a last-gasp attempt to prevent the removal of the giant cross atop Mount Soledad, Rep. Duncan Hunter is appealing to President Bush to use his eminent-domain powers to declare the land beneath the cross a national park.” The newspaper has also posted online two related letters to President Bush, here and here.
And The Associated Press reports that “Bush Asked to Help Save San Diego Cross.”
“Survivor calls being shot ‘worst fear come true’; Victim of sniper outside Va. restaurant testifies in Muhammad trial”: This article appears today in The Baltimore Sun.
And The Washington Post today contains an article headlined “‘Oh My God, I’ve Been Shot’; Victim Tells Muhammad Jury About Attack Near Va. Steakhouse.”
“Diaz gets clearance to regain court seat; Tribunal orders termination of justice’s suspension”: The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, “State Supreme Court Justice Oliver Diaz Jr., who has weathered two criminal trials and more than two years of suspension, was cleared Thursday to take the bench again.”
“Senate Democrats want new hearing for Boyle”: This news brief appears today in The News & Observer of Raleigh, North Carolina.
“Condemned inmate asked staff to end his life”: From Ohio, The Associated Press provides a report that begins, “Apparently weary of painful attempts to insert an intravenous line, a condemned killer asked prison staff to finish the job. ‘Can you just give me something by mouth to end this?’ Joseph Clark asked members of the execution team May 2 as they struggled to deliver a lethal injection.”
“Democrats signal filibuster on Bush judicial nominee”: The Washington Times today contains an article that begins, “Democrats on the Senate Judiciary Committee yesterday unanimously opposed President Bush’s most recent judicial nominee, signaling they intend to try filibustering his nomination.”
“House Injects Prayer Into Defense Bill”: The Washington Post contains this article today.
“One Juror Between Terrorist And Death; Moussaoui Foreman Recalls Frustration”: This front page article appears today in The Washington Post.
And the newspaper also contains an op-ed by columnist Charles Krauthammer entitled “Sparing Moussaoui for the Wrong Reasons.”
“Court to Rule on Delaware Public Records Law”: The New York Times today contains an article that begins, “A panel of federal appeals court judges will rule on the constitutionality of Delaware’s Freedom of Information Act, which denies nonresidents access to public records in the state, the legal home of many major corporations.”
And The News Journal of Wilmington, Delaware reports today that “FOIA filing only puzzles U.S. judges; State law refuses queries from non-Delawareans.”
“Five justices to watch as the Roberts court evolves; New chief shows he’ll be forceful presence on bench”: Joan Biskupic has this article today in USA Today.
“Will Defense Lawyers Accept Help on High Court Criminal Cases?” Tony Mauro has this quite interesting article online at law.com.
U.S. Senate schedules confirmation vote for Ninth Circuit nominee Milan D. Smith, Jr. for Tuesday, May 16, 2006: Details here.
“John Roberts: The Missing Years; Did the White House steal a document from the Reagan library?” Timothy Noah has this item online at Slate this evening.
Fifth Circuit holds that Uniformed Services Employment and Reemployment Rights Act, which protects the employment rights of members of the armed forces, does not preclude the enforcement of an individual contract to arbitrate such disputes: You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, written by Chief Judge Edith H. Jones, at this link.
“Ex-Justice Sidesteps Phone Data Questions”: Gina Holland of The Associated Press provides a report that begins, “Former Supreme Court Justice Sandra Day O’Connor declined to step into the uproar over secret collection of Americans’ phone records, saying a close look at the facts by courts could determine whether the government acted properly.”
“Boyle nomination/Salon.com allegations”: A group of former law clerks to Fourth Circuit nominee Terrence W. Boyle is circulating this document.
U.S. District Court for the District of Columbia orders that two Chinese Uighur detainees held by the United States government at the Guantanamo Bay Naval Station be allowed to meet with their lawyers as soon as possible: Apparently not all ethnic Uighur Chinese nationals detained at Guantanamo were recently sent to Albania, this ruling issued today by a U.S. Magistrate Judge would seem to suggest.
“New Trial Ordered in Human-Smuggling Case”: The Associated Press provides this report. Additional coverage appears here and here.
“DNA Fingerprinting Criminals’ Kin Could Solve Crimes; Report Raises Complex Civil Liberties Issues”: The Washington Post provides this news update.
“The Battle Over the Soul of Law Professor Blogs”: The text of my “Upon Further Review” column published this Monday in The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, can be accessed here. Therein, I propose what is destined to become the most popular entrant in the Law Professor Blogs Network — a law professor blog devoted to the law of sex and pornography.
Divided three-judge Fifth Circuit panel rejects First Amendment challenge to provisions of Louisiana’s Campaign Finance Disclosure Act: You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Senate panel clears way for White House court pick”: Reuters provides this report.
“Ex-Newspaper Owners Seek to Revive Suit”: The Associated Press provides a report that begins, “A lawyer for the former owners of the Salt Lake Tribune asked a federal appeals court Thursday to revive their lawsuit challenging the $355.5 million price set for them to buy the paper back.”
“‘Gang of 14’ seeks more scrutiny of court nominee Boyle”: This article appears today in The Denver Post.
“Kavanaugh Nomination Headed to Senate Vote”: The Associated Press provides this updated report.
“GOP using court nominee to revitalize conservatives”: Yesterday’s issue of Newsday contained this article.
Senate Judiciary Committee recommends Brett M. Kavanaugh for confirmation to the U.S. Court of Appeals for the D.C. Circuit by 10-8 party-line vote: According to sources that you can access here and here.
Who was the last federal appellate court nominee to receive a unanimous “Not Qualified” rating from the American Bar Association? Today in The Washington Post, Charles Lane reports that “The last nominee to be rejected unanimously by the ABA was Sherman Unger, who was nominated by President Ronald Reagan to the U.S. Court of Appeals for the Federal Circuit in 1982. His nomination was later withdrawn.”
Some quick research on the internet suggests that Unger died of cancer not long after being nominated to the bench (see here and here [final paragraph]), and thus it is unclear whether his nomination was withdrawn due to the unfavorable ABA rating or due to the requirement that judicial nominees must be among the living in order to be confirmed.
“Top Court Off Hook; FOI Commission Won’t Seek Review Of Controversial Ruling”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “The Freedom of Information Commission Wednesday voted 3-2 against asking the state Supreme Court to reconsider the controversial ruling that former Chief Justice William J. Sullivan secretly withheld from release to benefit his presumed successor.”
“Short Circuit — Breakdown of Trust Led Judge Luttig To Clash With Bush; After Fight in Terrorism Case, Conservative Star Gives Up Court Seat for Boeing Job; New Task: Appease McCain.” Jess Bravin and J. Lynn Lunsford have this must-read front page article (pass-through link) today in The Wall Street Journal.
That newspaper today also contains an editorial entitled “Luttig’s Legacy” (pass-through link).
“Federal Judge Abandons Bench for Boeing”: On yesterday evening’s broadcast of NPR‘s “All Things Considered,” Nina Totenberg had this audio report (RealPlayer required).
“Reid prepares for next battle on judicial nominees; Two of president’s selections draw criticism”: This article appears today in The Las Vegas Review-Journal.
And The Tennessean today contains an editorial entitled “Congress must avoid another judicial battle; Rhetoric about federal judicial confirmations does not bode well for the process.”
“Kavanaugh Nomination Headed to Senate Vote”: The Associated Press provides this report.
You can access the agenda of today’s executive business meeting of the Senate Judiciary Committee at this link.