In news from Kansas: The Associated Press reports that “Judge bars enforcement of rules limiting judicial speech.”
You can access yesterday’s ruling of the U.S. District Court for the District of Kansas at this link.
In response to the ruling, the James Madison Center for Free Speech today issued a press release entitled “Federal Court Enjoins Kansas Canons Prohibiting Judicial Candidates’ Speech.”
“Review Panel Flays Judge; Sets Public Hearing For Sullivan; 1-Year Suspension Possible”: Lynne Tuohy has this article today in The Hartford Courant.
“In sum, in future cases, district courts should not instruct juries to the effect that a testifying defendant has a deep personal interest in the case. Rather, a witness’s interest in the outcome of the case ought to be addressed in the court’s general charge concerning witness credibility.” The U.S. Court of Appeals for the Second Circuit today issued this opinion vacating a conviction obtained in a criminal case on a charge of being a felon in possession of a firearm.
“We take this opportunity to express our concern over the current formulation of Rule 68 and to recommend to the Advisory Committee on Civil Rules and the Standing Committee on Practice and Procedure of the Judicial Conference of the United States that they address the question of how an offer and judgment should be compared when non-pecuniary relief is involved.” So says a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a ruling issued today.
Greetings from the Eighth Circuit Judicial Conference: This morning, I delivered my remarks, and they seemed quite well-received. My wife and I had the pleasure of sharing the breakfast table this morning with Circuit Judge Morris S. Arnold, whom I did not get a chance to meet during my last talk to the Eighth Circuit in September 2004 in St. Louis.
Also today, I had the pleasure of speaking with U.S. Magistrate Judge Bobby E. Shepherd, who as early as moments from now may be confirmed by the U.S. Senate to fill Judge Arnold’s seat on the Eighth Circuit when Judge Arnold takes senior status this October. I may also be quoted in tomorrow’s issue of The Arkansas Democrat-Gazette in an article reporting on Judge Shepherd’s confirmation should it occur this evening.
And, before leaving the topic of Arkansas, last night my wife and I had the pleasure of speaking with U.S. District Judge J. Leon Holmes.
One of the highlights of my visit thus far was getting to spend some time speaking with Senior Eighth Circuit Judge Gerald W. Heaney, who will be retiring entirely from judicial service in the very near future. My wife and I had lunch today with Judge Heaney and his wife, and Judge Heaney is an incredibly impressive individual and also a war hero. During the final three-judge panel sitting that Judge Heaney recently participated in, his colleagues on the panel offered a tribute that you can listen to by clicking here (Windows Media Player required). Circuit Judge Lavenski R. Smith presided over those oral arguments, and it is his voice that you will hear at the outset of the audio recording.
My wife and I will be returning to Philadelphia tomorrow, after Circuit Justice Samuel A. Alito delivers his remarks.
“Judge won’t dismiss suit over domestic spying; Government, AT&T had sought to have case thrown out”: Bob Egelko of The San Francisco Chronicle provides this news update.
David Kravets of The Associated Press reports that “Judge Refuses to Dismiss Spying Lawsuit.”
And c|net News.com reports that “Judge refuses to drop spying suit against AT&T.”
You can access today’s ruling of the U.S. District Court for the Northern District of California at this link.
“Judge strikes down law banning cohabitation”: The News & Observer of Raleigh, North Carolina provides an update that begins, “Those of you shacking up out of wedlock, have no fear: A judge has thrown out a 201-year-old North Carolina law making it illegal for unmarried couples to live together.”
And The Associated Press reports that “N.C. Law Banning Cohabitation Struck Down.”
“House OKs plan to keep cross on Mount Soledad; Vote moves issue to federal arena”: This article appears today in The San Diego Union-Tribune.
And The Los Angeles Times reports today that “San Diego Cross Backers Win Political Round; The House votes to transfer the city-owned site to the federal government to thwart a judge’s order to remove the monument.”
“House votes to protect Pledge”: The Washington Times contains this article today.
“Judge Gives Wal-Mart Reprieve on Benefits”: This article appears today in The New York Times.
The Washington Post reports today that “Judge Invalidates Md. ‘Wal-Mart Law’; Measure Would Have Boosted Retailer’s Health-Care Costs.”
USA Today reports that “Judge overturns Wal-Mart law.”
And The Washington Times reports that “Wal-Mart wins case on health care costs.”
“Experts Differ About Surveillance and Privacy”: This article appears today in The New York Times. According to the article, Seventh Circuit Judge Richard A. Posner was among the witnesses who testified yesterday before the House Intelligence Committee on this issue.
C-SPAN appears to have posted online the video of yesterday’s hearing at this link (RealPlayer required), although that link is not currently functioning for me.
“Why The ‘Compromise’ Foreign Surveillance Wiretap Legislation Pending in Congress Is No Compromise: The Bill, and Senator Specter’s Strange Reversal on the Issue.” Edward Lazarus has this essay online today at FindLaw.
“House OKs Bill Guarding Pledge From Courts”: The Associated Press provides this report.
“Attorneys Take Supreme Court Advocacy Back to School”: This article by law.com’s Tony Mauro is now freely accessible online.
“Bush Blocked Internal Justice Probe of Wiretaps; The president withheld security clearances from lawyers investigating those who approved and oversaw the NSA surveillance program”: The Los Angeles Times contains this article today.
Today in The New York Times, Neil A. Lewis reports that “Bush Blocked Ethics Inquiry, Gonzales Says.”
The Washington Post reports that “Bush Thwarted Probe Into NSA Wiretapping; Security Clearances for Justice Department Investigators Were Denied, Gonzales Says.”
In The Boston Globe, Charlie Savage reports that “Bush blocked probe, AG testifies; Senate examines wiretap program.”
And The Washington Times reports that “Bush blocked wiretap probe.”
“Tech group applies lobbying techniques to court case”: This article will appear Thursday in The Hill.
“The Two Executions Of Willie Francis”: Today in The Washington Post, Gilbert King has an op-ed that begins, “In its recently concluded term, the U.S. Supreme Court overturned a Kansas Supreme Court judgment regarding that state’s imposition of the death penalty.”
“Court voids ‘Wal-Mart law’; U.S. district judge says Md. violated federal authority”: This article will appear Thursday in The Baltimore Sun. My earlier coverage appears here.
“Deportation Warning Closes Case; Substitute judge tells an illegal immigrant to leave his courtroom or be sent back to Mexico”: The Los Angeles Times provides this news update.
“Stealing First: Dick Cheney as the next First Amendment poster child.” Law Professor Akhil Reed Amar has this jurisprudence essay online at Slate.
“Congressman’s Gambit Puts Judge on Path to Impeachment”: Today in The Daily Journal of California, Lawrence Hurley has an article that begins, “Los Angeles-based federal Judge Manuel L. Real is now officially public enemy No. 1 in Congress’ ongoing war against the judiciary.”
“Lawyers war over wife on the bench”: Today’s edition of The Australian contains an article that begins, “Queensland Bar Association president Peter Lyons has launched an extraordinary attack on his deputy for criticising the appointment of Mr Lyons’s wife to the Supreme Court bench.”
“Confirm William J. Haynes II”: This editorial appears today in The Washington Times.
In news from Connecticut: The Associated Press provides a report headlined “Judicial Review Council Finds Cause For Sullivan Violations” that begins, “The state’s Judicial Review Council on Wednesday found probable cause that former state Supreme Court Chief Justice William J. Sullivan violated judicial rules of conduct when he delayed the release of a court opinion to help a fellow justice facing confirmation hearings. Sullivan, who can still sit on cases as a retired justice, was charged with five violations of the Code of Judicial Conduct and state statutes.”
Third Circuit grants rehearing en banc in case that resulted in a divided three-judge panel ruling described as a “[m]ajor Third Circuit ruling on post-Booker burden of proof”: Today’s order granting rehearing en banc is here, while the three-judge panel’s earlier ruling is here. The blog “Sentencing Law and Policy” had this post about that ruling, and my earlier coverage of that ruling is at this link.
“House Takes Up ‘Pledge’ Protection”: The AP provides this report. You can access the text of the proposed law at this link.
“Judge Overturns Wal-Mart Health Care Law”: The Associated Press provides this report. Today’s opinion and order of the U.S. District Court for the District of Maryland are both available online.
“Colorado marriages now have law in common; Minimum age of 18 now applies across matrimonial board”: This article appears today in The Rocky Mountain News.
The law overturns a court ruling noted in earlier posts available here and here.
“Ruling confirms abortion rights for Missouri prisoners”: The St. Louis Post-Dispatch today contains an article that begins, “A federal judge on Tuesday ordered that the state of Missouri provide transportation for any woman prisoner seeking an abortion, saying that even an inmate had the constitutional right to the legal procedure.”
And The Kansas City Star reports today that “Abortion transportation ordered; The state’s argument of a security risk is rejected; Gov. Matt Blunt urges an appeal.”
I have posted online at this link a copy of yesterday’s ruling of the U.S. District Court for the Western District of Missouri.
“Ultimately, recognition of Vickers’ claim would have the effect of de facto amending Title VII to encompass sexual orientation as a prohibited basis for discrimination.” So states the majority opinion issued today by a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit. In today’s ruling, the majority rejects the argument that “the unique nature of homosexuality entitles it to protection under Title VII sex discrimination law.”
One year ago today: President George W. Bush nominated D.C. Circuit Judge John G. Roberts, Jr. to replace Sandra Day O’Connor on the Supreme Court of the United States. The transcript of the announcement appears here.
Two particular posts of interest from that date are titled “Who are you calling a dumb-ass?” and “Sources say President Bush’s nominee to the U.S. Supreme Court won’t be Kennewick Man.” You can access my complete coverage from one year ago today by clicking here and scrolling down the page. Of course, President Bush ultimately had to settle for his third choice to fill the O’Connor vacancy.
“Court Says Special Prosecutor Overstepped the Mark”: Josh Gerstein has this article today in The New York Sun. My earlier coverage appears at this link.
“The Florida Supreme Court’s Big Tobacco Decision: Why Neither Side Can Be Very Happy.” Anthony J. Sebok has this essay online at FindLaw.
U.S. Court of Appeals for the Seventh Circuit begins offering RSS feeds for new opinion announcements and oral argument podcasts: Details are available at this link.
Available online from law.com: Shannon P. Duffy has an article headlined “3rd Circuit: Erotic Dancing in Bars Not Protected Speech.” My earlier coverage appears here.
And in other news, “Congress Debates Auctions for Lead Counsel in Securities Class Actions; Spurred by Milberg case, legislation would allow judges to rely on competitive bidding.”