“Ga. Court to Expedite Gay Marriage Appeal”: The Associated Press provides a report that begins, “Georgia’s highest court said Tuesday it would expedite its review of a ruling that struck down the state’s voter-approved ban on gay marriage.”
“Interesting split Fifth Circuit ruling on ‘execution impact’ testimony”: The “Sentencing Law and Policy” blog provides this post about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.
“Law school pals meet in Iraq; Graduates of Albany Law serve in war zone, one as a colonel, one as a trial lawyer”: This article appears today in The Times Union of Albany, New York.
“Muhammad found guilty on six counts of murder; Sniper convicted on 6 counts of first-degree murder stemming from 2002 shooting spree”: The Baltimore Sun provides this news update.
And The Associated Press reports that “Jury Finds Muhammad Guilty in Sniper Trial.”
“Appeals court upholds white supremacist’s conviction, sentence”: The Associated Press provides a report that begins, “White supremacist Matthew Hale’s conviction on charges of soliciting the murder of a federal judge and his 40-year sentence were upheld Tuesday by an appeals court that brushed aside his claim that he had repeatedly said he wanted nothing to do with the crime.”
Seventh Circuit affirms judgment of conviction and sentence against Matthew Hale on charges of obstructing justice and soliciting a crime of violence in connection with his resistance to a judgment entered against his white supremacist organization by U.S. District Judge Joan Humphrey Lefkow and his involvement in a plot to have the judge murdered: You can access today’s 29-page per curiam opinion at this link.
“Wiley Rutledge, Executive Detention, and Judicial Conscience at War”: Law Professor R. Craig Green has today posted this article (abstract with link for download) online at SSRN.
Sharp thinks res judicata should have prevented Trademark Trial and Appeal Board from dismissing Sharp’s objection to ThinkSharp, Inc.’s registration of the mark “ThinkSharp,” but Federal Circuit disagrees: You can access today’s ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
“The Courthouse Mice”: In the June 12, 2006 issue of The New Republic, Seventh Circuit Judge Richard A. Posner has a review (pass-through link) of, in his words, “two remarkably similar books about Supreme Court law clerks.”
The books that are the subject of Judge Posner’s review are: “Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk,” by Todd C. Peppers; and “Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court,” by Artemus Ward and David L. Weiden.
Update: At “SCOTUSblog,” Marty Lederman has a post titled “Posner on SCOTUS Clerks and Transparency.”
Today’s U.S. Supreme Court Order List and opinion in an argued case: You can access today’s Order List at this link.
At “SCOTUSblog,” Lyle Denniston has posts titled “Public employee speech curbed” and “Court to hear tobacco appeal.” The case in which review was granted today calls on the Justices to revisit the question of whether a particular award of punitive damages is unconstitutionally excessive.
The Court’s only opinion in an argued case issued today came in Garcetti v. Ceballos, No. 04-473, a case originally argued on October 12, 2005 and then reargued on March 21, 2006. You can access the original oral argument transcript here; and the transcript of reargument here.
In early news coverage, Gina Holland of The Associated Press reports that “High Court Limits Whistleblower Lawsuits.” And The AP also reports that “Supreme Court to Review Philip Morris Case” and “Supreme Court Passes on Yahoo Case.”
“Jury to Begin Deliberations in Sniper Case”: The Associated Press provides this report.
“EU court blocks data deal with US; The European Court of Justice has blocked an EU-US agreement that requires airlines to transfer passenger data to the US authorities”: BBC News provides this report.
And The Associated Press reports that “EU Court Nixes Giving Air Data to U.S.”
You can access today’s ruling of the European Court of Justice at this link.
“4th Circuit: Who’ll Replace Judge Luttig?” Law Professor Carl W. Tobias has this op-ed today in The Richmond Times-Dispatch.
“Recognizing Greatness in 3rd Circuit’s Judge Becker”: That is the title of the brand new installment of my “On Appeal” essay for law.com
The Philadelphia Inquirer’s article from last Tuesday reporting on last Monday’s funeral service for Third Circuit Judge Edward R. Becker stated that “the stretch of Chestnut Street between Fifth and Sixth Streets will now be named Edward R. Becker Way.” One of Judge Becker’s former law clerks last Friday emailed to me this photograph of the new street sign on display at 5th and Chestnut Streets in Philadelphia.
This blog’s earlier coverage of the late, great Judge Becker can be accessed via this link.
In today’s issue of USA Today: The newspaper contains articles headlined “Enron verdicts good for investors; Key message: Crooks will pay” and “Scrushy’s lawyer says Lay strategy was wrong; ‘You never, ever put the CEO on the witness stand.’”
And Law Professor Jonathan Turley has an op-ed entitled “Insanity’s legal fall from grace: U.S. law used to have fairly standard protections for suspects who were deemed insane — until the shooting of President Reagan; Is there a constitutional basis for such a defense? The Supreme Court, it is hoped, will answer ‘yes.’”
“Hawaiian bill pursues native rights; Long-stalled legislation stirs fears of secession, gambling, reparations”: This article appeared yesterday in The Chicago Tribune.
Available online from The St. Petersburg Times: Yesterday’s newspaper contained an article headlined “Courts overwhelmed by immigration cases; Fewer judges, hasty decisions and drawn-out appeals are creating an unmanageable backlog.”
And in today’s newspaper, columnist Howard Troxler has an op-ed entitled “Court review of campaign rhetoric: a slippery slope” discussing a ruling that the Supreme Court of Florida issued last week.
“Justices’ Heaviest Lifting Is Ahead; As the Supreme Court term ends, weighty issues will test Roberts’ consensus-finding skills”: David G. Savage has this article today in The Los Angeles Times.
“Chief Justice Swears in Sullivan”: CalLaw.com’s “Legal Pad” blog provides a post that begins, “It may have taken Kathleen Sullivan two times to pass the California bar exam, but she sure got royal treatment for her successful repeat performance.”
“Final Hearing Set Over Gay Rites in New York State”: The New York Sun today contains an article that begins, “Gay couples who have been waging a legal battle for the right to marry in New York State for more than two years will get a final hearing at the state’s highest court tomorrow.”
“What Congress Should Consider Before Renewing the Voting Rights Act: A Chance to Preempt Supreme Court Invalidation, and Better Protect Minority Voting Rights.” Richard L. Hasen has this essay online today at FindLaw.
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained an audio segment entitled “Kansas School Board Defends Evolution Stance.”
And today’s broadcast of “Morning Edition” contained a segment entitled “When an Ex Moves, Do the Kids Go, Too?” reporting on the case captioned Mason v. Coleman, now pending before the Supreme Judicial Court of Massachusetts.
RealPlayer is required to launch these audio segments.
“Bible club lawsuit roils school”: The Philadelphia Inquirer contains this article today.
“Roberts, Scalia and Alito expect great success from Schiltz as a federal judge”: This article appeared yesterday in The Duluth News Tribune.
In today’s issue of The National Law Journal: An article headlined “Judges warned about seminars; Departing judge notes expense-paid functions will sour Congress more” begins, “The chief judge of the 7th U.S. Circuit Court of Appeals, Joel Flaum, warned a conference of judges and lawyers last week that attending private expense-paid seminars, lax judicial discipline and flawed financial reporting by judges will only aggravate already testy relations with Congress.” The article goes on to note that “Flaum issued the sober warning during his farewell address to the annual judicial conference. He steps down after six years as chief judge on Nov. 26 when he turns 70 years old. Flaum will be succeeded by Judge Frank Easterbrook, appointed to the court in 1985 by President Ronald Reagan.”
In other news, an article reports that “Errant Web posting of data may revive suits; U.S. Air Force manual gives glimpse into mysteries of ‘Area 51.’”
Law Professor Deborah W. Denno has an essay entitled “Lethal injection: Time to find alternatives.”
And Law Professor Edward J. Imwinkelried has an essay entitled “‘Daubert’ Arguments.”
“Enron Case A Grueling Trial for Its Lawyers; With No Key Evidence, Skill Was at a Premium”: The Washington Post today contains this front page article.
And The Los Angeles Times reports today that “Enron Verdicts to Help Civil Claimants; But with so many investors and creditors seeking redress, payouts are likely to be meager.”
“Ex-Homeless Man, Loser in Court, Feels Victorious”: This article appears today in The New York Times. My earlier coverage appears here.
“Blawg Review #59”: Available online here, at “Blawg Review.”
“Death penalty’s drug cocktail rooted in Texas; Other states adopted method chosen with little scientific basis”: This article appears today in The Austin American-Statesman (via “Sentencing Law and Policy“).
In Enron-related coverage from today’s edition of The Houston Chronicle: The newspaper contains articles headlined “Winners or losers, lawyers to benefit; Defense team, prosecutors could get career boosts” and “A local giant fell, but city stands tall; Most moved on, making corporate saga little more than a footnote.”
In today’s edition of The Chicago Tribune: The newspaper contains an Enron-related article headlined “‘Ashamed’ wrongdoer gets break; Deal limiting sentence of former finance chief key to prosecution, but some say it goes too far.”
And Jack Fuller has an op-ed entitled “Commander in chief should give heed to chief justice.”
Philadelphia Phillies 6, Milwaukee Brewers 2: On what was the first really hot day of the year, my son and I had the pleasure of attending this afternoon’s Phillies victory. The team kept its winning streak for regularly scheduled Sunday home games alive against a team that it had heretofore failed to defeat in five attempts this season. You can access the box score at this link, and wraps here and here.
“Weed control: Research on the medicinal benefits of marijuana may depend on good gardening–and some say Uncle Sam, the country’s only legal grower of the cannabis plant, isn’t much of a green thumb.” The Ideas section of today’s issue of The Boston Globe contains this article.
“Tension Over FBI Raid Triggers Hints of Quitting; Top Justice Department officials intimate they’d resign rather than return files to the House”: This article appears today in The Los Angeles Times.
“Cheney aide is screening legislation; Adviser seeks to protect Bush power”: Charlie Savage has this article today in The Boston Globe.