Was (Not Was): Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion that begins, “After selling millions of dollars’ worth of stolen goods on eBay, Laura and Bruce Wasz pleaded guilty to committing wire fraud in violation of 18 U.S.C. § 1343.”

Today’s rulings of note from the U.S. Court of Appeals for the Federal Circuit: Who knew that employees of the U.S. Postal Service are prohibited from “drink[ing] intoxicating beverages in a public place while in uniform”? Today the Federal Circuit issued an opinion resolving whether the Veterans of Foreign Wars Post 9927, in Kettering, Ohio constitutes such a “public place.”

And a separate ruling that the court issued today involves “patents [that] disclose a diaphragm mouth call that hunters use to simulate animal sounds.”

“Judge Hurt in Nev. Shooting Had Enemies”: The Associated Press provides this report.

The Reno Gazette-Journal provides news updates headlined “Police continue search for Mack; credit card used at Sacramento airport” and “Mack’s internet dating contacts investigated.”

And The Sacramento Bee provides a news update headlined “Reno shooting suspect may have been in Sacramento.”

Programming note: In connection with my day job, I have two meetings in Philadelphia early this afternoon. Additional posts will appear here later today.

“City to appeal handgun ruling; State court will be asked to restore Proposition H ban”: Bob Egelko has this article today in The San Francisco Chronicle.

“Calls for Change at Guantanamo; In the wake of three suicides, lawyers decry the lack of access to detainees and medical groups bar doctors from interrogating prisoners”: This article appears today in The Los Angeles Times.

And The Washington Post reports today that “Family of Guantanamo Detainee Doubts He Took His Own Life.”

“Anti-Illegal Immigration Activist Sues His School District; Riverside County teen says he has a right to hold a rally against illegal immigration”: The Los Angeles Times contains this article today.

“Court fight on circumcision; Parents doing battle on need for surgery”: This article appears today in The Chicago Tribune.

“Reno Suspect Is Also Sought in the Killing of His Wife”: The New York Times today contains an article that begins, “The man being sought in the wounding of a family court judge here on Monday is also wanted in the killing of his estranged wife earlier in the day, police officials said Tuesday.”

The Las Vegas Review-Journal reports today that “Manhunt for Reno pawnshop owner continues; Arrest warrant issued in slaying of suspect’s estranged wife; judge’s condition upgraded.”

And The Reno Gazette-Journal contains articles headlined “Warrant charges sniper suspect in fatal stabbing of estranged wife“; “Shooting sparks worries about safety“; “Some unhappy parents post Weller complaints on Web sites“; “Weller ‘out of the woods,’ says judge who heard shooting“; “Court building remains closed during repairs“; and “Mack left ‘angry’ by divorce settlement, friend says.”

“Give judges a peek at secrets: Courts don’t have to roll over for the executive branch’s claims of secrecy.” Louis Fisher has this op-ed today in The Los Angeles Times.

“Series on Las Vegas Judges Renews Calls for Reform”: This article appears today in The Los Angeles Times.

“Warming at the Court: The EPA claims it can’t regulate greenhouse gases and wouldn’t if it could.” The Washington Post contains this editorial today.

“Court bars immigration vote; Colo. justices keep initiative off ballot; services for illegal immigrants would be cut; Backers of the measure call the decision ‘raw politics’; Critics say unintended consequences have been avoided”: This article appears today in The Denver Post, along with an article headlined “Decision brings battle lines into focus; At least one lawmaker predicts a voter backlash, even as some celebrate the state justices’ ruling.” And a news update is headlined “Republicans call for special session.”

Today’s edition of The Rocky Mountain News contains articles headlined “‘We’re not giving up,’ initiative activist says; State Supreme Court shoots down ballot proposal to deny services to illegal immigrants“; “Court said yes two years ago – but no this time“; and “Attorney likes ‘swimming upstream’; Grueskin led legal effort to block ballot measure.” And a news update is headlined “Governor threatens special session over initiative.”

And The Los Angeles Times reports that “Court Kills Measure to Deny Immigrant Services in Colo.; The Colorado Supreme Court rules the initiative is too broad, violating the state Constitution.”

My earlier coverage appears at this link.

Available online from law.com: Tony Mauro has an article headlined “Reassessing Rehnquist: He’s been gone for almost a year; For some, the gloves are off.”

And in news from Florida, “‘Suspicious Box’ Blown Up Near Courthouse May Have Contained Criminal Evidence.”

“Arguments on Spy Program Are Heard by Federal Judge”: Adam Liptak has this article today in The New York Times.

The Detroit News reports today that “Bush says no to spy defense; Talking would jeopardize security, feds say.”

And The Detroit Free Press reports today that “Wiretap suit all about power.”

“Group asks top state court to reject affirmative action vote”: This article appears today in The Detroit News.

“Virginia Appeals Court Reaffirms Age of Consent in Sodomy Case”: The “Leonard Link” blog provides this post about a ruling that the Court of Appeals of Virginia issued today.

Miranda v. Arizona at 40: This evening’s broadcast of NPR‘s “All Things Considered” contained an audio segment entitled “Miranda’s Foundation, and Today’s Rights” (RealPlayer required).

Tenth Circuit affirms judgment entered against an association of residential treatment programs for troubled and at-risk teenagers, which brought defamation claims against individuals who made negative remarks on various internet sites concerning that association: You can access today’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

“Man Named Suspect in Nev. Judge Shooting”: The Associated Press provides this report, along with a report headlined “Reno police launch manhunt for fugitive.”

And The Reno Gazette-Journal provides news updates headlined “Judge Weller ‘in good spirits’“; “Reward offered for arrest of Darren Mack“; “Weller thanks Reno for support“; and “Judge Weller’s family issues statement.”

“Endangered Elitist Species: In defense of the Supreme Court law clerk.” Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.

“Defense Lawyers Shut Out by New Secrecy”: The Associated Press provides this report.

“Slate’s Jurisprudence: The Laws of Internet Dating.” This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR‘s “Day to Day.”

“This appeal by the Coalition for the Abolition of Marijuana Prohibition of a judgment regarding the Atlanta Outdoor Festivals Ordinance of 2003 presents two threshold issues of justiciability, involving standing and mootness, and issues about whether the Festivals Ordinance violates constitutional guarantees of free speech.” On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit, Judge William H. Pryor, Jr. today issued an opinion that begins:

This appeal by the Coalition for the Abolition of Marijuana Prohibition of a judgment regarding the Atlanta Outdoor Festivals Ordinance of 2003 presents two threshold issues of justiciability, involving standing and mootness, and issues about whether the Festivals Ordinance violates constitutional guarantees of free speech. The key issue is whether, under the overbreadth doctrine, CAMP may challenge, under the free speech clause of the First Amendment, provisions of the Festivals Ordinance that do not either apply to or affect its activities. We recently confronted this issue en banc in Tanner Advertising Co. v. Fayette County, but did not resolve it because all but one of the claims for relief in that appeal were rendered moot by a repeal of the challenged ordinance. We left this “issue for another day.” That day has arrived.

You can access my coverage of last Friday’s en banc ruling in the Tanner Advertising case at this link.

“‘Bullying’ immigration judge absent, replaced”: This article appeared earlier this month in The Philadelphia Inquirer.

And The Associated Press reported one week ago today that “Immigration judge off bench while broader U.S. review continues.”

Thanks to “Decision of the Day” for the pointer.

“Warrant issued for Mack in wife’s death”: The Reno Gazette-Journal provides a news update that begins, “Authorities said in a morning press conference that an arrest warrant has been issued for Darren Roy Mack in the death of his estranged wife, Charla Mack. He also is a suspect in Monday’s shooting of Family Court Judge Chuck Weller, authorities said.” The newspaper’s web site also provides access to a criminal complaint and affidavit in that matter.

And an updated report from The Associated Press is headlined “Pawn Shop Owner Sought in Judge Shooting.” The AP’s report refers to this cached eBay listing.

“Judge upholds ‘In God we trust’; Atheist’s challenge to the phrase’s use on currency and as a national motto fails in federal court”: Today’s edition of The Sacramento Bee contains an article that begins, “A Sacramento federal judge on Monday tossed out atheist Michael Newdow’s challenge to the phrase ‘In God We Trust’ as the national motto and its inscription on coins and currency.”

You can access yesterday’s ruling of the U.S. District Court for the Eastern District of California at this link.

The case will now presumably head on appeal to the U.S. Court of Appeals for the Ninth Circuit.

Update: The “Religion Clause” blog provides a post titled “Newdow Loses ‘In God We Trust’ Challenge; Pledge Case Still Pending.”

“Legal Maneuver — To Make a Point, An Army Officer Helps Iraqi Convict; Rule of Law Should Apply To All, Capt. Carter Says; Confessions Won by Cable; ‘Grudge’ of the ‘Fat Woman’?” Today in The Wall Street Journal, Greg Jaffe has this front page article (pass-through link) that focuses on, among other things, my friend Phillip Carter, now serving as a U.S. Army Captain in Iraq. Phil’s web log, “Intel Dump,” can be accessed here.

“Federal judge dismisses pay raise lawsuit; Ruling says issue became moot with Legislature’s repeal”: This article appears today in The Pittsburgh Post-Gazette.

And The Harrisburg Patriot-News reports today that “Federal judge tosses pay-raise suit.”

My earlier coverage appears at this link.

“Court Citing Blog”: Eugene Volokh has this post at “The Volokh Conspiracy.”

“Flag debate may be superseded”: The Deseret Morning News today contains an article that begins, “A coalition of conservative groups wants Senate Majority Leader Bill Frist to focus Senate floor debate on pending judicial nominations during time set aside later this month for Sen. Orrin Hatch’s amendment on flag desecration.”

And Bloomberg News reports that “Conservatives Urge Action on Judges, Not Flag Burning.”

“Cannon tries to ban federal courts from hearing state porn cases”: Last Wednesday, The Daily Herald of Provo, Utah published an article that begins, “Legislation filed Tuesday by a Utah congressman would remove cases involving state anti-pornography laws from the jurisdiction of all federal courts — including the U.S. Supreme Court.” You can view the text of H.R. 5528 at this link.

Trial begins in Oklahoma for former judge accused of using penis pump underneath his robe while on the bench hearing cases: The Associated Press reports that “Ex-Judge Likely to Testify in Case Accusing Him of Indecent Exposure.” According to the article, “Thompson’s longtime court clerk testified in his preliminary hearing that she saw the judge use a device called a ‘penis pump’ during several trials…. That case ended in a hung jury.”

In other coverage, The Tulsa World reports today that “Jury pool quizzed on tolerance; Possible jurors in a former Creek County judge’s trial are warned that testimony could be sexually explicit.” And yesterday the newspaper contained an article headlined “Court date for ex-judge arrives; Donald Thompson will face a Creek County jury on charges of engaging in improper behavior while on the bench.”

The Oklahoman reports today that “Jury pool questioned in former judge’s trial.” Last Thursday, the newspaper contained an article headlined “Former judge facing misdemeanor charge; Defense attorneys call the new allegations ‘character assassination’ by prosecutors.” And last Wednesday, the newspaper’s web site published a news update headlined “Thompson defense motion denied” that begins, “A former Creek County judge charged with masturbating in court also will be tried next week on a misdemeanor charge of placing pornographic photos of himself and a woman on his state-owned computer, a judge ruled Wednesday.”

Last week, The Sapulpa (Okla.) Daily Herald reported that “Former judge’s trial ready to begin; Pretrial motions heard by judge in Bristow on Wednesday.” And earlier this month, the newspaper reported that “Thompson trial date looming.”

The Smoking Gun web site has previously covered this matter here and here.

“Appeals Court Affirms ‘Flashdance’ Ruling”: The Associated Press provides this report. My earlier coverage appears here.

Nina Totenberg is reporting: On today’s broadcast of NPR‘s “Morning Edition,” she had an audio segment entitled “Justices Open Door for Death Row Challenges.”

And on yesterday’s broadcast of “All Things Considered,” she had an audio segment entitled “High Court Fine-Tunes Death Penalty Laws.”

Earlier today, I collected additional news coverage of these rulings at this link.