“Luttig quits 4th Circuit bench; Considered a possible Supreme Court choice, he’ll take key Boeing job”: This article appears today in The Times-Dispatch of Richmond, Virginia.
And today in The Chicago Tribune, Ameet Sachdev and Jan Crawford Greenburg report that “Appellate judge joins Boeing as top lawyer.”
“Va. officer is questioned by Muhammad at trial”: The Baltimore Sun contains this article today.
And The Washington Post today reports that “Rush to Assist Youngest Shooting Victim Recalled.”
“Judge in Enron Case Delivers a Serious Blow to the 2 Defendants”: This article appears today in The New York Times.
The Washington Post reports today that “Judge Lets Enron Jurors Consider If Defendants Turned a Blind Eye.”
In The Houston Chronicle, Mary Flood reports that “Judge ready for the final act; Jury will be told to weigh whether Skilling and Lay were ‘deliberately ignorant.’”
And USA Today reports that “For Lay and Skilling, day of judgment near; After 55 witnesses, closing arguments begin Monday.”
“Truck driver faces new trial in 2003 smuggling deaths; Appeals court removes Houston judge from case”: Harvey Rice has this article today in The Houston Chronicle. My earlier coverage is here.
“British Attorney General Says Guantanamo ‘Should Close'”: The Washington Post contains this article today.
“L.A. Psychologist Who Didn’t Get Tote Bag at Mother’s Day Angel Game Files Lawsuit”: This article appears today in The Los Angeles Times.
“The Case of Roberts’s Missing Papers; Investigators Are Still Unable to Locate File On Affirmative Action”: The Washington Post contains this article today.
“ABA: Wallace unqualified for seat on federal bench; White House continues to support Jackson lawyer for Court of Appeals post.” This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Charles Lane of The Washington Post reports today that “Nominee Rated ‘Unqualified’ By ABA Panel.”
And The New York Times reports that “Judicial Nominee Rated Unqualified.”
“What Kind of Justice Will Samuel Alito Be? A Recent Death Penalty Decision Provides Some Insights.” Edward Lazarus has this essay today online at FindLaw.
Further evidence that Scalia-Alito is the new O’Connor-Ginsburg: A reader emails to point out the following passage from tomorrow’s article headlined “Appeals Court Judge Leaves Life Appointment for Boeing” in The Washington Post:
But the friends added that Luttig’s disappointment over the nominations of Roberts and Scalia, combined with uncertainty over when another Supreme Court vacancy would occur, also played a role.
My earlier post in the “Scalia-Alito is the new O’Connor-Ginsburg” series can be accessed here.
“Gang balks on Judge Boyle”: The Hill on Thursday will contain an article that begins, “The outlook for Judge Terrence Boyle, nominated to the 4th U.S. Circuit Court of Appeals, became cloudier yesterday as Democrats reiterated opposition to him and some Republican members of the influential Gang of 14 declined to offer support.”
Sale of future lottery payments for a lump sum did not represent a capital gain, U.S. Court of Appeals for the Tenth Circuit rules: Although the lottery winner lost today’s ruling in a tax dispute involving the IRS, the story at least had a happy beginning:, “On May 1, 1993, Mr. Watkins won $12,358,688 from the Colorado State Lottery with a ticket he purchased for one dollar.”
“Judge Leaves Appeals Court for Boeing”: Neil A. Lewis will have this article Thursday in The New York Times.
And The Washington Post on Thursday will report that “Appeals Court Judge Leaves Life Appointment for Boeing.”
Available online from law.com: Tony Mauro has an article headlined “Taken or Lost? Roberts File Still Missing in Action.” The 64-page report of investigation by the inspector general for the National Archives and Records Administration can be accessed here.
Mauro also reports that “4th Circuit’s Luttig Takes Off for Boeing GC Position.”
In other news, an article is headlined “Going From General Counsel to Federal Inmate.”
And an article reports that “Firms See Wave of Problems From Employee Web Surfing; Shopping, gambling, even looking for a new job … your staff may be using the Internet for anything but work.”
“Bush Nominee Rated ‘Unqualified’ by ABA”: Gina Holland of The Associated Press provides this report.
And Bloomberg News reports that “Bush Judicial Nominee Rated ‘Unqualified’ By Lawyers.”
“Enron Judge’s Jury Instructions May Raise Odds of Convictions”: This article (free access) appears today in The Wall Street Journal.
“Officials call UA’s Rehnquist Center a fitting honor to late Chief Justice”: The Arizona Daily Star provides this news update.
“Same-Sex Marriage Showdown”: Gotham Gazette provides a report that begins, “It won’t be in time for June weddings, but the New York State Court of Appeals, the state’s highest court, will hear a group of cases on May 31 arguing that the state’s refusal to let same-sex couples obtain marriage licenses violates the state constitution.”
“Returning to this Court for the third time, this case arises out of an illegal alien smuggling conspiracy that caused the deaths of nineteen undocumented aliens secreted in the trailer of a tractor-trailer driven by defendant Tyrone Mapletoft Williams from Harlingen, Texas, to Victoria, Texas.” In this decision issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit clears the way for a retrial of Tyrone Williams before a different U.S. District Judge of the Southern District of Texas.
Earlier this month, Harvey Rice of The Houston Chronicle had an article headlined “Smuggling leader gets 17-year term; She cries, seeks forgiveness for her role in the deaths of 19 in trailer.” According to that article, “A trial date for [Tyrone Williams] will be set once a federal appeals court decides on how many of 58 smuggling charges he can be retried.” Today’s opinion represents that decision.
“200 years not ‘cruel and unusual punishment’ in child porn case”: The Arizona Daily Star provides this news update reporting on a ruling that the Supreme Court of Arizona issued today.
“Lawyer calls BALCO leaks a moot issue; National security not involved and case is over, she says”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Unlike a New York Times reporter who was jailed for refusing to disclose a confidential source, two Chronicle reporters who have been ordered to identify the source of leaked grand jury testimony aren’t involved in a national security case. In fact, their lawyer says they’re not involved in an ongoing case at all.”
“Nomination Sent to the Senate: Neil M. Gorsuch, of Colorado, to be United States Circuit Judge for the Tenth Circuit, vice David M. Ebel, retired.” The White House officially announced this judicial nomination today. My earlier coverage is here.
Update: The Associated Press reports that “Bush Nominates New Judge for 10th Circuit.”
“Supreme Court 5-4 on Immigration Case”: The Associated Press provides a report that begins, “The Supreme Court split 5-4 Wednesday to let the Bush administration deport a British man for breaking the law in Mississippi.”
And Greg Stohr of Bloomberg News reports that “Alito, U.S. Supreme Court Permit Deportation of British Man.”
Today’s order of the U.S. Supreme Court can be accessed here.
“Negro Leagues players’ payments upheld”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Major League Baseball is entitled to pay former Negro Leagues players $10,000 a year and provide medical coverage as compensation for their exclusion from the big leagues, a federal appeals court ruled Tuesday, rejecting a reverse-discrimination suit from a group of white ex-players.”
And Metropolitan News-Enterprise reports today that “Ninth Circuit Rejects Former Ballplayers’ Suit Over Pensions.”
My earlier coverage is here.
“Republicans eager for judicial fight; The Senate debate over federal appeals court nominee Brett Kavanaugh may fire up the GOP”: Gail Russell Chaddock will have this article Thursday in The Christian Science Monitor.
“Witness question raised again; Prosecutors ask judge not to allow comments about issue of immunity”: Mary Flood has this article today in The Houston Chronicle.
“Wallace is the first appeals court nominee in 25 years to receive a unanimous ‘not qualified’ rating from the ABA.” So says a press release that People For the American Way issued this afternoon urging President Bush to withdraw the nomination. My earlier coverage is here.
Available today from National Review Online: U.S. Senator Lamar Alexander (R-TN) has an essay entitled “Hawaiian Upside-Down Cake: An island far from ‘e pluribus unum.’”
And Adam J. White has an essay entitled “Unwarranted Criticism: General Hayden’s reading of the Fourth Amendment is correct, and his critics are mistaken.”
“[W]e join several sister courts of appeals in holding that the involvement of an actual minor, as distinguished from a government decoy, is not a prerequisite to conviction under 18 U.S.C. § 2422(b) (actual or attempted persuasion of a minor to engage in illicit sexual activity) or 18 U.S.C. § 2423(b) (traveling for the purpose of engaging in illicit sexual activity).” So begins a lengthy opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
“The Gitmo ‘decider’: Bush need not defer to the Supreme Court to close down Guantanamo.” The Los Angeles Times contains this editorial today.
“Judge: Del. can’t execute killer yet; Case hinges on Supreme Court.” This article appears today in The News Journal of Wilmington, Delaware.
“J. Michael Luttig Resigns From Appeals Court”: The Washington Post provides this news update.
And The Associated Press reports that “Conservative Judge to Work for Boeing.”
Today marks the debut of Andrew Cohen’s blog “Bench Conference” for The Washington Post: You can access the blog at this link. Cohen currently serves as legal analyst for CBS News.
Fifth Circuit nominee Michael B. Wallace receives unanimous “Not Qualified” rating from American Bar Association judicial evaluation committee: The ranking, released today, can be viewed at this link. A unanimous “Not Qualified” rating for a federal appellate court nominee is, if memory serves, quite rare in recent years.
Wallace’s law firm bio can be accessed here.
“Roberts File Still Missing”: law.com’s Tony Mauro provides a report that begins, “A potentially controversial file at the Reagan Presidential Library that went missing in the weeks before the confirmation hearings for John Roberts Jr. as chief justice last year has still not been found, according to an internal investigation made public Tuesday.”