“Jury Trials: Could ‘CSI’ ruin our criminal justice system?” Charles Loeffler has this essay (pass-through link) online today at The New Republic.

“A Modest Proposal For Supreme Court Reform”: This post appears today at “OrinKerr.com.”

“Fired Catholic school teacher loses appeal”: The News Journal of Wilmington, Delaware provides a news update that begins, “The Catholic school teacher who was fired from her job for signing an advertisement supporting abortion rights has lost her appeal.” You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

“Senate Rejects Gay Marriage Ban”: The Associated Press provides this report. According to the article, “The 49-48 vote fell 11 short of the 60 required to send the matter for an up-or-down tally by the full Senate.”

Update: The official roll call vote tally can be viewed at this link.

“Bible-Based Prison Treatment Program Shelved”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.” I previously collected additional coverage at this link.

Available today at National Review Online: An editorial is entitled “A Vote for Marriage.”

And Peter Kirsanow has an essay entitled “Sue U.S.: We’re asking for it if we pass the Akaka bill.”

“How to humanize a killer: Defense teams in capital cases research their clients’ childhood — and conduct often-harrowing interviews with the clients’ families — to evoke sympathy from juries’ Critics call mitigation evidence the ‘abuse excuse.'” Sarah Elizabeth Richards has this article today at Salon.com.

The Associated Press is reporting: Now available online are articles headlined “Gay Marriage Amendment Carries New Support” and “Night Stalker Appeals Death Sentence.”

“Boom of the Judicial Canon; Ally of White House Counsel Is Under Fire in Texas”: The Washington Post today contains an article that begins, “In Texas, calling someone a ‘spokesman’ comes close to fighting words. Take the case of the Honorable Nathan L. Hecht, a justice of the Supreme Court of Texas and a well-known conservative jurist. A longtime friend of White House counsel Harriet Miers, Hecht gave more than 120 media interviews during her failed Supreme Court nomination.”

“Senate Emphasis on Ideology Has Some in G.O.P. Anxious”: The New York Times contains this article today.

The Washington Times reports today that “Marriage measure doomed in Senate.”

The Chicago Tribune contains an article headlined “Gay leader: Marriage issue a fake; Says GOP trying to obscure nation’s deeper problems.”

The Philadelphia Inquirer reports that “Pa. moves to ban same-sex marriage; The state House approved, by 136-61, a constitutional amendment that would shore up an existing law.”

The Pittsburgh Post-Gazette reports that “Pa. House passes gay marriage ban.”

The Harrisburg Patriot-News contains articles headlined “Could marriage debate do harm to Santorum?” and “House votes to bolster marriage law.”

In The Washington Post, Dana Milbank’s Washington Sketch column is headlined “For Foes of Same-Sex Marriage, It’s the Thought That Counts.”

In The Boston Globe, columnist Jeff Jacoby has an op-ed entitled “A civil debate on gay marriage.”

And in The Los Angeles Times, David Link has an op-ed entitled “He dares not speak its name; In avoiding the word ‘gay,’ the president defines same-sex marrige as only a hetero issue.”

“Senate to consider letting Hawaiians pursue sovereignty”: This article appears today in The Washington Times.

And The New York Times today contains an editorial entitled “A Chance for Justice in Hawaii.”

“When public employees speak”: The Chicago Tribune contains this editorial today.

“‘Honest services’ law vexes defense lawyers in fraud cases”: This article appears today in The Chicago Tribune.

“Separation hypocrisy: Congress isn’t so excited about separation of powers when it comes to the judiciary.” The Los Angeles Times contains this editorial today.

“One Step Closer to Eviction; The City Council of New London, Conn., votes to oust the two plaintiffs holding out in their homes in a landmark eminent domain case”: This article appears today in The Los Angeles Times.

In news from Louisiana: The New York Times reports today that “Louisiana Governor Plans to Sign Anti-Abortion Law.”

And The Advocate of Baton Rouge reports today that “Panel edits Ten Commandments; Committee rewords religious phrases.”

“Justice Kennedy’s Culture War: How gay marriage became a federal case, alas.” This editorial (free access) appears today in The Wall Street Journal.

In news from Alabama: The Montgomery Advertiser today contains articles headlined “Riley slams door on Moore; Baxley defeats Siegelman” and “Nabers defeats Parker in chief justice battle.”

The Birmingham News reports today that “GOP picks Riley; Democrats, Baxley” and “Nabers leads victorious incumbents.”

The Mobile Press-Register reports that “Riley and Baxley will square off in Alabama governor race” and “Supreme Court incumbents fend off challenges.”

And The New York Times reports that “Alabama Governor Defeats Former Justice in Primary.”

“Why the Supreme Court Got It Wrong When It Rejected a Government Whistleblower’s First Amendment Claim”: Jesselyn Radack has this essay online today at FindLaw.

“Of Clerks and Perks: Why Supreme Court justices have more free time than ever–and why it should be taken away.” Stuart Taylor Jr. and Benjamin Wittes have this essay in the July/August 2006 issue of The Atlantic Monthly. Thanks to “Althouse” for the pass-through link.

“High Court Finds School Desegregation Plans Ripe for Review”: Brent Kendall has this article today in The Daily Journal of California. Earlier today, I collected additional, related press coverage at this link.

“White House renews push for nominees”: The Hill on Wednesday will contain an article that begins, “White House officials are making a concerted effort to cooperate with outside conservative groups to support and defend President Bush’s nominees to the federal bench, and they are also planning to work more closely with the Senate on confirming the nominees.”

“Tomorrow, June 7th, at 11:00 a.m., ‘Judge Edward R. Becker Way,’ also known as the 500 block of Chestnut Street, will be officially dedicated by Governor Rendell and Mayor Street”: The event is open to the public. Those who cannot attend in person can at least enjoy a photograph of the street sign.

“Bush gives blessing to gay marriage ban; Fears of election defeat have prompted the President to try to appease his disaffected supporters”: This article appears today in The Times of London.

The Denver Post reports today that “GOP on wedding march; Bush backs effort to ban gay marriage; Critics say the push, led by Colorado Sen. Allard, is an election-year ploy; Backers cite children’s well-being.”

And The Rocky Mountain News contains articles headlined “New push for marriage; Allard again seeking amendment banning same-sex unions” and “Here comes the money; Ballot measures on gay relationships bring out donations,” along with an op-ed by columnist Mike Littwin entitled “What a perfect time for a distraction.”

Earlier today, I collected additional, related news coverage at this link.

The Third Circuit’s library wants you to behave yourself: The en banc U.S. Court of Appeals for the Third Circuit yesterday issued this order adopting a library “Policy on Access, Services and Conduct.” Now we can reminisce about a time when people knew how to behave in a federal appellate court’s library without the need for an official, court-adopted policy.

Fans of this blog’s intermittent library-related appellate coverage may enjoy these posts (here and here) from October 2003.

Newdow round two on appeal to the Ninth Circuit: As I noted the other day in this post, round two of attorney Michael A. Newdow’s challenge to the Pledge of Allegiance is now pending on appeal before the U.S. Court of Appeals for the Ninth Circuit after Newdow’s clients won in the district court.

I have now obtained the federal government’s opening brief on appeal, and I have posted it online here. My earlier post linked to another party’s opening Ninth Circuit brief.

My initial analysis of the district court ruling now on appeal can be found in a post titled “In holding that the Ninth Circuit’s Pledge of Allegiance ruling, even after being reversed by the U.S. Supreme Court, requires the U.S. District Court for the Eastern District of California to hold that recitation of the Pledge in public schools is unconstitutional, today’s ruling is really, really wrong.”

“Storm Warning: An EPA decision to ignore global warming calls
for Supreme Court attention.” Jennifer Bradley and Timothy J. Dowling of Community Rights Counsel have this op-ed (free access) in this week’s issue of Legal Times.

“In this case, a California state prisoner sent a complaint to the district court before he had exhausted his administrative remedies within the state prison system. He did, however, exhaust those remedies by the time the district court granted him permission to file his complaint in forma pauperis under 28 U.S.C. § 1915.” In a state prisoner’s federal lawsuit challenging prison conditions, today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the Prison Litigation Reform Act of 1995 “requires that a prisoner exhaust administrative remedies before submitting any papers to the federal courts,” and therefore the prisoner’s lawsuit must be dismissed because it was presented to the court before the prisoner had exhausted his administrative remedies. You can access today’s decision at this link.

“Major Third Circuit ruling on post-Booker burden of proof”: At the “Sentencing Law and Policy” blog, Doug Berman has this post about a 2-1 ruling that the U.S. Court of Appeals for the Third Circuit issued today.

A footnote on the front page of the opinion states that “This appeal was argued before the panel of Judges Sloviter, Fisher and Rosenn. The quorum was reconstituted to include Chief Judge Scirica after the death of Judge Rosenn.” Circuit Judge D. Michael Fisher wrote today’s majority opinion, in which Chief Judge Anthony J. Scirica joined. Circuit Judge Dolores K. Sloviter wrote a dissenting opinion.

Those familiar with the jurisprudence of Senior Circuit Judge Max Rosenn may speculate that his replacement on the panel by Chief Judge Scirica may have changed the outcome of this appeal. I do not know whether the Third Circuit uses random assignment to reconstitute panels, or whether (as was once all the rage in the Sixth Circuit) the Chief Judge can just select himself or whomever else he wants.

Update: Additional coverage of the ruling appears here at the blog “Decision of the Day.”

“State high court to consider parolees’ right to vote”: The Denver Post provides this news update.

“Island leaders lobby for Akaka bill”: The Honolulu Advertiser today contains an article that begins, “Backers of the Native Hawaiian recognition bill kicked off a lobbying blitz yesterday in advance of an expected procedural vote Thursday in the Senate, where the bill has been stalled since July.”

“A Pandora’s Box of Ethnic Sovereignty: Race-based Hawaii, an island we don’t want to travel to.” Peter Kirsanow has this essay today at National Review Online.

And online at The Weekly Standard, Duncan Currie has an essay entitled “Aloha Means Goodbye: Will the Senate vote for Hawaiian separatism?”

“The Return of Equality? The Supreme Court will consider affirmative action again.” Roger Clegg has this essay today at National Review Online.

Seventh Circuit Judge Richard A. Posner talks about the law and intelligence gathering: This past Saturday’s broadcast of C-SPAN‘s “America & the Courts” program is available online and can be accessed by clicking here (RealPlayer required).

“Panel Shopping and Voluntary Mooting: A Problem Worth a Solution?” Steve Vladeck has this post today at “PrawfsBlawg.” The post mentions my recent law.com column titled “Who’s on the Argument Panel: Why Ignorance Isn’t Bliss.”