Clements headlined last Saturday’s broadcast of C-SPAN‘s “America & the Courts“: The program’s description states:
On this program we look at the life and career of Solicitor General Paul Clement. He took the oath of office on June 13, 2005. This is followed by Fifth Circuit Judge Edith Brown Clement. She gives the commencement address at Ave Maria Law School in Ann Arbor, Michigan.
You can view the program online, on demand, by clicking here (RealPlayer required).
“Term limits for judges? State measure moves closer to Nov. ballot; The plan affects appellate and Supreme Court jurists in Colorado; Backers need nearly 68,000 signatures.” This article appears today in The Denver Post (via “Bench Conference“).
“Moore men defiant, too”: Sunday’s edition of The Birmingham News contained an article that begins, “Roy Moore’s mantra of defying federal courts is being touted by a slate of Alabama Supreme Court candidates led by former Moore aide and current Justice Tom Parker. The challengers are running on a platform that state jurists should not obey rulings by U.S. Supreme Court justices who don’t interpret the Constitution the way they do.”
Attention Ninth Circuit — there’s no “u” in Qantas: A long-time reader who is also a journalist reporting on legal issues emails: “As an Australian citizen, I note that the 9th Circuit Hawaii banners opinion misspells Qantas at page 14.”
And in related coverage, The Honolulu Advertiser provides a news update headlined “Appeals court upholds aerial advertising ban.”
“Nominee is held up by Graham”: The Hill on Wednesday will contain an article that begins, “Sen. Lindsey Graham (R-S.C.), who sits on the Judiciary Committee and is close to Sen. John McCain (R-Ariz.), is blocking a nominee to the federal bench whom Graham’s friend opposes, Senate sources say. Conservatives and the American Bar Association consider the nominee, William ‘Jim’ Haynes, one of President Bush’s more qualified. But his nomination has languished in committee since the president tapped him for the 4th U.S. Circuit Court of Appeals in September 2003.”
U.S. Court of Appeals for the Eleventh Circuit orders entry of nationwide permanent injunction against EchoStar’s DISH Network, and in favor of broadcast television networks, prohibiting that satellite provider from transmitting network programming into homes that can adequately receive such programming through conventional rooftop antennas: You can access today’s ruling at this link.
Second Circuit decides federal government’s appeals from two federal district court rulings declaring unconstitutional the National Security Letters provision of the Patriot Act: You can access today’s ruling at this link.
“Commission on Judicial Conduct Admonishes Justice Hecht”: Texas Lawyer provides a news update (free access) that begins, “The State Commission on Judicial Conduct has issued a public admonition to Texas Supreme Court Justice Nathan Hecht regarding comments he made to the press last year in support of the nomination of White House Counsel Harriet Miers to the U.S. Supreme Court.” You can access the text of the public admonition at this link.
And in other coverage, The Dallas Morning News provides an update headlined “Justice admonished for support of Miers.”
“Slate’s Jurisprudence: Prosecuting Journalists.” This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR‘s “Day to Day.”
“Secret Guarding: The new secrecy doctrine so secret you don’t even know about it.” Henry Lanman has this jurisprudence essay online at Slate.
Ninth Circuit upholds constitutionality of Honolulu’s ban on aerial advertising: You can access today’s ruling at this link.
“Michael G. New, formerly a medical specialist in the United States Army, was convicted by a court-martial of violating a lawful order to add United Nations insignia–a shoulder patch and a field cap–to his basic uniform.” So begins an opinion that the U.S. Court of Appeals for the D.C. Circuit issued today. In today’s opinion, the unanimous three-judge panel rejects the collateral attack on the military courts’ analysis of the lawfulness of the uniform order.
Sixth Circuit holds that ERISA’s anti-alienation provision prevents the State of Michigan from requiring that a company making pension plan payments to an incarcerated inmate send the payments to the inmates’ institutional address, thereby allowing the warden to garnish up to 90% of each deposit to reimburse for the costs of caring for the inmate: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
“Malvo Says Muhammad Planned Bombings”: The Associated Press provides this report.
The Washington Post provides a news update headlined “Malvo Describes Two-Step Plan; Phase Two Involved Blowing Up Schools, Children’s Hospitals.”
And The Baltimore Sun provides a news update headlined “Malvo takes stand against Muhammad; Younger sniper in ’02 spree describes relationship with former role model, pair’s plans ‘to terrorize this nation’; Baltimore was to be next targeted area, he says.”
“Yale President Richard Levin awards an honorary degree to former Supreme Court Justice Sandra Day O’Connor at Commencement Monday.” The Yale Daily News provides this photograph.
Programming note: I am in Richmond, Virginia to present oral argument this morning before the U.S. Court of Appeals for the Fourth Circuit. Additional updates will appear later today.
“ABA rating of Wallace riles right”: The Hill today contains an article that begins, “As they work to try to salvage his nomination, defenders of 5th U.S. Circuit Court of Appeals nominee Michael Wallace say a poor professional rating from the American Bar Association may have been driven by politics.”
“Muhammad Questions Fairness of Maryland Trial; Malvo Is Expected to Testify for Prosecution Today About 2002 Shootings in Montgomery”: This article appears today in The Washington Post.
And The Baltimore Sun reports today that “Case against Muhammad builds; Malvo expected to testify today.”
“Deal With Wen Ho Lee May Make Press-Freedom Case Moot”: Charles Lane has this article today in The Washington Post.
“Justices Back Police Intervention Without a Warrant”: Linda Greenhouse has this article today in The New York Times.
Today in The Los Angeles Times, David G. Savage reports that “Justices Hold Door Open for Police Who See Fight Indoors; Officers may enter a home without a warrant or an invitation if they observe a brawl through a window, the high court rules unanimously.”
The Salt Lake Tribune contains an article headlined “Justices say cops can enter, stop fight; Brigham City case: The role of police includes preventing violence.”
And The Deseret Morning News reports that “Top court sides with Brigham City police; Justices rule officers were justified in entering home.”
“New Orleans plans first criminal trials since Katrina; Defendants’ rights violated, lawyers say”: This front page article appears today in USA Today, along with an article headlined “City’s public defender system troubled before Katrina; Activists, lawyers, feds see a chance to fix New Orleans’ judicial problems.”
And The New York Times reports today that “Judge Steps In for Poor Inmates Without Justice Since Hurricane.”
“Judge’s funeral draws dignitaries”: The Philadelphia Inquirer today contains an article that begins, “Federal appeals court Judge Edward R. Becker was remembered yesterday as a giant in the legal community, a mentor to judges and justices, lawyers and law clerks, yet someone who maintained the common touch of an old-school Philadelphian who took the El to work.”
“GOP to Push for Vote on Appeals Judge”: The Associated Press provides a report that begins, “Despite Democratic opposition, Senate Republicans signaled Monday they will attempt to win confirmation by week’s end for President Bush’s nomination of White House aide Brett Kavanaugh as a federal appeals court judge.”
“Bench warfare: Judge Terrence Boyle’s former law clerks have launched a dubious defense of the embattled Bush nominee; Will their tactics backfire on Bill Frist and the White House?” Will Evans has this report, bearing tomorrow’s date, online at Salon.com.
“Criticism Mounts that Judiciary Lacks Self Discipline; Congressman Wants An Inspector General To Ensure Unethical Judges Are Punished”: Lawrence Hurley of The Daily Journal of California has this report today.
“At high court, no rush to resolve conflicts over lethal injection”: Warren Richey will have this article Tuesday in The Christian Science Monitor.
The Associated Press is reporting: Now available online are articles headlined “Justices Deny Lethal Injection Challenge” and “Settlement May Be Near in Wen Ho Lee Case.”
Greetings from Richmond, Virginia: Additional updates will appear momentarily.
Programming note: I will be arguing a case tomorrow before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia. I will be traveling there this afternoon. Additional posts will appear here tonight, if the hotel internet connection functions properly.
“Is less more? To lawyers, unlike philosophers, the question may appear facetious, but the answer has real-life implications.” The appellate review timing provision contained in the Class Action Fairness Act of 2005 is the subject of a dissent from the denial of rehearing en banc written by Circuit Judge Jay S. Bybee, in which a total of six judges joined. In the order denying rehearing en banc, which the U.S. Court of Appeals for the Ninth Circuit issued today, the original three-judge panel responds to Judge Bybee’s dissent.
I examined this issue in the February 13, 2006 installment of my “On Appeal” column for law. com, headlined “Less Is More: When Courts Decide a Law Means the Opposite of What It Says.” For the reasons explained in that column, in this argument I side with the dissenters from the denial of rehearing en banc.
“Teen Fights S.C. School’s Confederate Ban”: The Associated Press provides this report.
Available online from National Public Radio: Today’s broadcast of “Morning Edition” contained an audio segment entitled “Roberts’ Court Produces more Unanimous Decisions” featuring Nina Totenberg.
And yesterday’s broadcast of “Weekend Edition Sunday” contained audio segments entitled “Attorney-Client Privilege Under Attack?” and “Netflix Manuever Draws Legal Fight.”
RealPlayer is required to launch these audio segments.
“Courts & The Law: The Bush Bench.” Columnist Kenneth Jost has this essay in today’s issue of CQ Weekly.
“Judge Edward R. Becker, R.I.P.” This post appears today at the blog “Underneath Their Robes.”
Today’s U.S. Supreme Court Order List and opinion in an argued case: At “SCOTUSblog,” Lyle Denniston has a posts titled “Decisions: Police may enter home” and “Orders: No new cases granted.”
Today’s only decision in an argued case came in Brigham City, Utah v. Stuart, No. 05-502. Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court. You can access the syllabus here; the Chief Justice’s opinion here; the concurring opinion of Justice John Paul Stevens here; and the oral argument transcript here. Additional background on the case is available at this link.
You can access today’s Order List at this link. The Court today did not grant review in any new cases but did call for the views of the Solicitor General in one case.
In early news coverage, Gina Holland of The Associated Press reports that “Supreme Court Backs Police in Emergencies.” The AP also reports that “Court Won’t Hear Murderer-Lawyer Case“; “Justices Avoid Gay Couple’s Custody Fight“; and “Supreme Court Rejects N.Y. Murder Appeal.”