“Court denies city’s attempt to block Soledad cross ruling”: The San Diego Union-Tribune provides a news update that begins, “A federal appeals court Wednesday denied the city of San Diego’s request to block a judge’s order to remove the Mount Soledad cross by Aug. 2 or face daily $5,000 fines.”
And The Associated Press reports that “Judges Reject City’s Appeal to Keep Cross.”
“Judges troubled by Hawaiian school case; An appellate court hears arguments on Kamehameha’s policy”: David Kravets of The Associated Press provides this report.
And The Honolulu Advertiser reports today that “Judges wrestling with case.”
Last night, in this post, I provided links to download the oral argument audio.
“Books on Wife-Training and Defrauding How-To’s Doom Author’s Bid to Avoid Jail; 2nd Circuit finds defendant’s published works undermine his claim of good character”: law.com provides this report. My earlier coverage appears at this link.
New York Yankees 5, Philadelphia Phillies 0: The many Yankees fans who spent this evening at Citizens Bank Park went home happy tonight, while the Phillies had neither a run nor a Supreme Court Justice to offer their fans. You can access the box score at this link, while wraps are available here and here.
“Because this state court habeas petitioner intended to kill his victim, he must be set free, the U.S. Court of Appeals for the Second Circuit ruled today in an opinion that you can access here.” So I wrote in this post published November 15, 2005. Today, however, the original three-judge panel has decided instead to certify certain questions in the case to the New York State Court of Appeals, that State’s highest court. Today’s opinion setting forth the certified questions is at this link.
Simultaneously, five Second Circuit judges today have gone on record as dissenting from the denial of rehearing en banc as to the panel’s original proposed disposition of the case. You can access their dissenting opinions, along with a per curiam opinion concurring in the denial of rehearing en banc, at this link.
Just underway before the Senate Judiciary Committee: The confirmation hearing for Tenth Circuit nominee Neil M. Gorsuch. Suffice it to say that controversial federal appellate court nominees don’t have their confirmation hearings scheduled to begin at 4 p.m. As noted here at “Confirm Them,” the ABA has given Gorsuch a “well qualified” rating.
“Eminent domain surges after ruling”: This article appears today in The Washington Times.
“Brief says secrecy trumps any wiretap ruling; Government claims an award of damages to plaintiffs would undermine security”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The Bush administration says its program of clandestine electronic surveillance, and AT&T’s alleged participation in it, are secrets so important that a federal judge couldn’t consider awarding damages even if he agreed with a lawsuit that accuses the company of breaking the law.”
“Judge orders details on Padilla; Indictment of three on terror charges called ‘light on facts'”: Today’s edition of The South Florida Sun-Sentinel contains an article that begins, “A federal judge ordered prosecutors Tuesday to provide more specific accusations against alleged al-Qaida operative Jose Padilla and two other men charged with supporting terrorism overseas.”
“Justices’ Rulings Called ‘Murky’ and ‘Confusing’; The Supreme Court’s decisions in cases involving wetlands and crime victims’ words probably will be ironed out later, lawyers say”: David G. Savage has this article today in The Los Angeles Times.
“Skilling seeks acquittal or retrial; Motion contends government failed to prove its case”: This article appears today in The Houston Chronicle.
On the editorial page of today’s edition of The Washington Post: That newspaper contains editorials entitled “Wanted: A System of Justice; If U.S. forces captured Osama Bin Laden tomorrow, how and where would he be tried?” and “Flag Burning Redux: If this is an election year, it must be time to amend the Constitution.”
“Misdemeanor count severed from former judge’s felony case; Jurors hear opening statements in Donald Thompson’s indecent exposure trial”: This article appears today in The Tulsa World. And yesterday, the newspaper reported that “Appeals court lets all charges against ex-judge stand.”
The Sapulpa (Okla.) Daily Herald reports today that “Prosecutors ask count be severed from trial.”
And The Oklahoman reports today that “Charge dropped against ex-judge.”
“Memorial ceremony honors Charla Mack”: The Reno Gazette-Journal today contains an article that begins, “Charla Mack, the 39-year-old mother stabbed to death last week just before the judge handling her divorce case was shot, was honored Tuesday by about 500 friends and family in a private memorial ceremony they called ‘a celebration of Charla’s life.'”
“A Place on the Bench Puts Pataki on the Spot”: This article appears today in The New York Times.
“Court limits test used on released sex offenders; Judges say genital response measuring should be ‘last resort'”: Bob Egelko has this article today in The San Francisco Chronicle.
And The Los Angeles Times reports today that “U.S. Appeals Court Rejects Arousal Test for Sex Offender.”
My earlier coverage appears at this link.
“Specter to the justices: I’m hungry, let’s do lunch.” Today’s edition of The Hill contains an article that begins, “Sen. Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, is hosting a series of one-on-one lunches with members of the Supreme Court.”
“In the Wetlands Case, the Supreme Court Divides Over the Clean Water Act–and Seemingly Over How to Read Statutes as Well”: Michael C. Dorf has this essay online at FindLaw today.