“High Court Splits on Wetlands Protections; Justices Agree to Widen Review of Federal Partial-Birth Abortion Ban”: law.com’s Tony Mauro provides this news update.
Posted at 4:40 PM by Howard Bashman|
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Monday, June 19, 2006
“High Court Splits on Wetlands Protections; Justices Agree to Widen Review of Federal Partial-Birth Abortion Ban”: law.com’s Tony Mauro provides this news update. Posted at 4:40 PM by Howard Bashman“Hearing for Guantanamo Prisoner Delayed”: The Associated Press provides this report. Posted at 3:55 PM by Howard BashmanThe Reno Gazette-Journal launches the “Judge Shooting Blog”: You can access the blog by clicking here. Posted at 3:50 PM by Howard Bashman“Supreme Court to Hear Abortion Case”: This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR‘s “Day to Day.” Posted at 3:10 PM by Howard BashmanThe Associated Press is reporting: Now available online are articles headlined “Top Court Won’t Hear Holocaust Claim Case” and “Supreme Court Rejects Glaxo Appeal.” Posted at 3:00 PM by Howard BashmanSecond Circuit rejects criminal defendant’s argument that the federal district court, in sentencing the defendant, violated the defendant’s First Amendment rights by weighing the defendant’s published writings against the mitigating character evidence that defendant offered: You can access today’s ruling at this link. Posted at 2:55 PM by Howard BashmanFollow-up on yesterday’s post about Justice Samuel A. Alito, Jr.’s appearance at the Phillies–Devil Rays game to throw out the ceremonial first pitch: In addition to appearing on the field before yesterday’s baseball game, Justice Alito also joined the television broadcasters for the Phillies in the booth for the top of the 5th inning. Scott Graham and Chris Wheeler spoke with Justice Alito about his stint as a second baseman at the Phillies Dream Week in the mid-1990s. Justice Alito also briefly spoke about the confirmation experience, Jim Bunning’s perfect game on Father’s Day in 1964, and his visit recently with U.S. Senator Jim Bunning (R-KY). During his time on the air, Justice Alito orally delivered the opinion that Citizens Bank Park is the nicest baseball stadium he has ever visited. In addition, Justice Alito took the opportunity to express his appreciation for second baseman Chase Utley’s amazing scoop play to Jimmy Rollins, which occurred during Justice Alito’s interview, thwarting the Devil Ray’s pitcher’s attempt at a sacrifice bunt. You can view the play (and, if you listen closely, hear Justice Alito’s voice in the background) via this link from MLB.com. Posted at 2:04 PM by Howard Bashman“S.D. to Vote on Abortion Law in Nov.” The Associated Press provides this report. Posted at 11:00 AM by Howard BashmanToday’s U.S. Supreme Court Order List and opinions in argued cases: The Court issued three opinions in argued cases today. 1. The Court issued its ruling in Rapanos v. United States, No. 04-1034. You can access the syllabus for this splintered 5-4 ruling at this link. Justice Antonin Scalia announced the judgment of the Court and delivered an opinion in which the Chief Justice and Justices Clarence Thomas and Samuel A. Alito, Jr. joined. The Chief Justice also issued a concurring opinion. Justice Anthony M. Kennedy issued an opinion concurring in the judgment. Justice John Paul Stevens issued a dissenting opinion, in which Justices David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. And Justice Breyer also issued a separate dissenting opinion. You can access the oral argument transcript here. Additional background on the case is available at this link. 2. The Court issued its rulings in Davis v. Washington, No. 05-5224, consolidated with Hammon v. Indiana, No. 05-5705. You can access the syllabus here. Justice Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Kennedy, Souter, Ginsburg, Breyer, and Alito joined. Justice Thomas issued an opinion concurring in the judgment in part and dissenting in part. You can access the oral argument transcripts here and here. Additional background on these consolidated cases is available at this link. 3. The Court issued its ruling in Samson v. California, No. 04–9728, holding by a vote of 6-3 that the Fourth Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee. Justice Thomas delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Kennedy, Ginsburg, and Alito joined. Justice Stevens issued a dissenting opinion, in which Justices Souter and Breyer joined. You can access the syllabus here; Justice Thomas’s opinion here; Justice Stevens’ dissenting opinion here; and the oral argument transcript here. Additional background on the case is available at this link. The Court also issued a per curiam opinion in Youngblood v. West Virginia, No. 05-6997. You can access the per curiam opinion here; Justice Scalia’s dissenting opinion, in which Justice Thomas joined, here; and Justice Kennedy’s dissenting opinion here. You can access today’s Order List at this link. The Court today granted review in three cases and called for the views of the Solicitor General in an additional case. One of the cases in which review was granted today is Gonzales v. Planned Parenthood Fed’n of Am., Inc., No. 05-1382, which presents the question “Whether, notwithstanding Congress’s determination that a health exception was unnecessary to preserve the health of the mother, the Partial-Birth Abortion Ban Act of 2003 is invalid because it lacks a health exception or is otherwise unconstitutional on its face.” You can access online both the federal government’s cert. petition and its reply brief in support thereof. It is interesting to note that the federal government, even though it is the petitioner, in fact opposed as duplicative the granting of review in this case. At “SCOTUSblog,” Lyle Denniston has posts titled “Decisions: Clean Water Act reach limited” and “Orders: Court expands abortion review.” And in early news coverage, Gina Holland of The Associated Press reports that “Top Court Split Over Wetlands Protections” and “Top Court Won’t Block Part of Drug Program.” The AP also provides reports headlined “Top Court: Victims’ Statements Admissible“; “Top Court Adds 2nd Abortion Case to Docket“; and “High Court Reaffirms Parolees’ Searches.” Posted at 10:35 AM by Howard BashmanOn the agenda: At 10 a.m. eastern time today, the Supreme Court of the United States will issue additional opinions in argued cases and an Order List. Shortly after 10 a.m., Lyle Denniston will begin providing real-time coverage at “SCOTUSblog” of today’s developments from the Court. The Associated Press will also provide prompt news coverage here and here. The Legal Information Institute at Cornell Law School is typically the first place where you will find online the Supreme Court’s newest opinions and Order List. At the Court’s own site, you can currently access all of this Term’s oral argument transcripts, and you will eventually be able to find the opinions and Order List issued today. Also today, at 4 p.m. eastern time, the U.S. Senate will conduct one hour of debate on the nomination of Sandra Segal Ikuta to the U.S. Court of Appeals for the Ninth Circuit. An up-or-down vote on that nomination is then scheduled to occur at 5 p.m. eastern time today, and that nominee’s confirmation by an overwhelming (perhaps unanimous) vote is expected to occur at that time. Stay tuned throughout the day for continuing coverage, although my initial coverage of today’s U.S. Supreme Court opinions and orders may be slightly delayed. Posted at 9:45 AM by Howard Bashman“Call a search a search”: In today’s issue of The National Law Journal, Law Professor Michael Goldsmith has an essay that begins, “We will never know whether the National Security Agency telephone data-retrieval program meets constitutional norms because the U.S. Supreme Court has defined the issue out of existence.” Posted at 9:23 AM by Howard Bashman“Law firms learn how to compete; Rivalry forces attorneys to act like a business, seeking data on other firms and their clients”: This article appears today in The Boston Globe. Posted at 9:20 AM by Howard Bashman“How Racial Preferences Backfire”: Stuart Taylor Jr. has this essay in today’s issue of National Journal. Posted at 9:08 AM by Howard Bashman“A warranted decision: Court gets the 4th Amendment right.” This editorial appears today in The Manchester (N.H.) Union Leader. The Las Vegas Review-Journal today contains an editorial entitled “Police no longer need to knock: Supreme Court majority flushes the Fourth Amendment.” The Baltimore Sun contains an editorial entitled “Failure to knock.” And The New York Sun contains an editorial entitled “Who’s There?” Posted at 7:00 AM by Howard BashmanAvailable online from law.com: An article reports that “9th Circuit Rebukes Bankruptcy Court for Dismissing Sex Bias Claims.” In other news, “In Likely First, 2nd Circuit Overturns Departure From Sentencing Guidelines.” And the newest installment of my weekly “On Appeal” column is headlined “8th Circuit’s Bush Appointees Confound the Prognosticators.” Posted at 6:55 AM by Howard Bashman“Judges to Rule on Use of English-Only Initiative Petitions; Federal appeals court to decide if initiative forms must be translated for non-English speakers”: The Los Angeles Times contains this article today. Posted at 6:54 AM by Howard Bashman“Wisconsin puts death to a vote; Referendum may help end 150-year ban on executions”: This article appears today in The Chicago Tribune. Posted at 6:50 AM by Howard Bashman“A Death Sentence Courts Can’t Seem to Live With”: Today’s edition of The Los Angeles Times contains an article that begins, “Ellen May was 9 years old when Johnny Paul Penry was sentenced to death for the rape and murder of her beloved aunt, Pamela Moseley Carpenter. With the punishment decided, May waited for the day that would be Penry’s last. Twenty-six years later, she’s still waiting.” Posted at 6:45 AM by Howard Bashman“The Detention Dilemma: What is to be done with captured terrorists who are neither prisoners of war nor charged with a crime?” This editorial appears today in The Washington Post. Posted at 6:40 AM by Howard Bashman“Appeal Focuses on Protecting Ancient Sites”: The Associated Press provides this report about the Ninth Circuit‘s theft of petroglyphs ruling from earlier this year. My previous coverage appears at this link. Posted at 6:35 AM by Howard Bashman“Why won’t Chief Justice Roberts call us ‘gays’?” Columnist Deb Price has this op-ed today in The Detroit News. Posted at 6:28 AM by Howard BashmanThe Philadelphia Inquirer is reporting: Today’s newspaper contains articles headlined “Specter: A wedge for Republicans” and “Legal fees in pay-raise suits pile up; Outside firms are charging to defend top officials; So far the tally has topped $1 million.” Posted at 6:24 AM by Howard Bashman“Blawg Review #62”: Available here, at “New World Man.” Posted at 6:15 AM by Howard BashmanSunday, June 18, 2006
“Clarity for Combatants? Awaiting the Supreme Court’s decision on a Guantanamo detainee.” This article will appear in the June 26, 2006 issue of U.S. News & World Report. Posted at 10:55 PM by Howard BashmanThe Reno Gazette-Journal is reporting: Today’s newspaper contains articles headlined “Mack defies usual profile of suspect in a murder, former FBI expert says“; “Father’s Day fugitive“; “Suspect’s mother describes relatives in shock, disbelief“; and “Darren Mack’s mother: ‘I’ve been in shock.’” Posted at 10:50 PM by Howard Bashman“Unflattering series on judges unlikely to alter system, but could change players”: Columnist John L. Smith has this op-ed today in The Las Vegas Review-Journal. Posted at 10:45 PM by Howard Bashman“Scalia’s constitution”: The Boston Globe today contains this editorial. Posted at 10:33 PM by Howard Bashman“Police See No Change in Policy on Searches”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on yesterday’s broadcast of NPR‘s “All Things Considered.” Posted at 10:30 PM by Howard BashmanPhiladelphia Phillies 8, Tampa Bay Devil Rays 5: I had the pleasure of attending today’s Phillies game in the presence of two Sams. As usual, my son and I were there as part of our Sunday season ticket package. Also in attendance was the person who is likely the highest-ranking Phillies fan in the federal government, U.S. Supreme Court Justice Samuel A. Alito, Jr. Justice Alito was present to throw out the ceremonial first pitch, along with two other people who don’t serve on the highest court in the land. Of course, the only one of those three ceremonial first pitchers whom the umpires were interested in being photographed with after they took the field was Justice Alito. You can view photographs of Justice Alito at today’s Phillies game here, here, and here. Major League Baseball provides additional coverage in an article headlined “Alito lives out a lifelong ‘dream’; Supreme Court Associate Justice throws out first pitch.” I guess this proves that work as a Justice on the U.S. Supreme Court need not be all-encompassing even in late June of your first Term. The Phillies, meanwhile, undoubtedly will wish to invite Justice Alito back to throw out many more ceremonial first pitches, as today the team snapped a six-game losing streak thanks to a Ryan Howard home run, his twenty-third of the season. You can access the box score at this link and wraps here and here. I hope that Justice Alito (unlike my son and I) at least was able to view the game live from somewhere in Citizens Bank Park that offers air conditioning, as the outside temperature officially made it up to 91 degrees in this afternoon’s bright sunlight. My son and I will be back at Citizens Bank Park this Wednesday night to see the Phillies take on the Yankees, after an appellate brief I have due that day is dispatched for filing. Posted at 9:15 PM by Howard Bashman“Chief justice doesn’t just get mad, he sues”: Today’s issue of The Chicago Tribune contains an article that begins, “A politician might have written a righteous letter to the editor. A different judge may have ignored the matter altogether. But when Illinois Supreme Court Justice Bob Thomas objected to a series of critical newspaper columns, the pugnacious jurist and former Chicago Bear sued the people who published them.” Posted at 8:25 AM by Howard Bashman“Knock, Knock: The Supreme Court finds a disturbing way to issue a reasonable opinion.” This editorial appears today in The Washington Post. And The Chicago Tribune today contains an editorial entitled “Excusing an illegal search.” Posted at 8:14 AM by Howard Bashman“Fighting to Remain Engulfed in Junk; As Task Forces Move In, Hoarders Strike Back in Court”: The Washington Post contains this front page article today. Posted at 8:10 AM by Howard Bashman“Insanity defense is rarely deployed, fails in most cases; Esteban Carpio’s plea in the murder of a Providence police detective is made in fewer than 1 percent of U.S. criminal cases and succeeds in only 25 percent of them”: This article appears today in The Providence Journal. Posted at 8:00 AM by Howard Bashman“Detainees not given access to witnesses; But in one case, 3 quickly found”: The Boston Globe today contains an article that begins, “The US government routinely failed to give detainees at Guantanamo Bay access to witnesses who might have helped them prove their assertions of innocence, saying it could not locate the vast majority of the witnesses the terror suspects requested at special military hearings.” The Week in Review section of today’s edition of The New York Times contains an article headlined “Seeking an Exit Strategy for Guantanamo.” The Washington Post contains an editorial entitled “Imprisoned in Chaos: The Bush administration has wrecked the system for capturing and holding foreign enemies; How to fix it?” And in The Los Angeles Times, Carol J. Williams has an op-ed entitled “Kicked out of Gitmo: A Times reporter’s struggle to get the truth about America’s island prison just got tougher.” Posted at 7:54 AM by Howard BashmanSaturday, June 17, 2006
“Sentencing for Lay, Skilling pushed back; Defense wins its wish for six additional weeks”: This article appears today in The Houston Chronicle. And The Associated Press reports that “Skilling Says He Contemplated Suicide.” Posted at 2:34 PM by Howard Bashman |
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