“New Opposition to Efforts to Split the Ninth Circuit; Non-Partisan Opposition to the Right-Wing Ideological Push to Split the Ninth Circuit”: The organization Earthjustice today issued a press release that begins, “Today, Earthjustice and more than 100 civil rights, women’s rights, disability rights, labor, health, religious, senior, conservation and other national, regional, state and local groups, sent a letter to Senators urging them to oppose S. 1845, ‘The Circuit Court of Appeals Restructuring and Modernization Act of 2005,’ and other proposals to split the 9th Circuit U.S. Court of Appeals into two or more circuit courts.” You can access that letter at this link. And a related document, titled “Ideologically-Based Efforts to Split the 9th Circuit Court of Appeals,” is here.

“Court rules GOP can’t replace DeLay on ballot”: The Houston Chronicle provides this news update reporting on today’s ruling of the U.S. Court of Appeals for the Fifth Circuit.

In other early coverage, The Austin American-Statesman provides a news update headlined “DeLay must stay on congressional ballot; Appeals court upholds lower court’s ruling.”

And The Associated Press reports that “Court Rules DeLay’s Name Stays on Ballot.”

“A Courthouse Sprouts Curves and Color; Fanciful Annex to Federal Structure Is Nearly Finished”: The Washington Post today contains an article that begins, “The architect Michael Graves has brought a sense of whimsy to the least whimsical of places: a federal courthouse.”

“Court Nixes Verdict Against Beer Vendor”: From New Jersey, The Associated Press provides a report that begins, “An appeals court on Thursday overturned a landmark $105 million verdict against a stadium vendor that sold beer to a drunken fan who later paralyzed a girl in an auto wreck.”

You can access at this link today’s ruling of the Superior Court of New Jersey, Appellate Division.

“Texas Defends New Congressional Map”: The Associated Press provides this report.

Recognizing “Location Unrecognized”: As first noted in this post from yesterday, yesterday’s Ninth Circuit ruling in PUC v. FERC provided the location of oral argument as “Panel Location Unrecognized.”

Today a reader emails the oral argument calendar for that case, which establishes that “Location Unrecognized” is in fact the Kroc Institute for Peace & Justice at the University of San Diego. And to think, I had my money riding on Area 51.

“At issue in this World War II reparations case is whether a suit seeking additional funds for victims of Nazi-era wrongs is justiciable.” So begins a lengthy opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.

Today’s opinion proceeds to explain, “Claimants contend German companies owe ‘interest’ on their payments to a reparations fund created with the substantial involvement of the United States and German governments to benefit Nazi victims or their descendants. The District Court held the claim presented a nonjusticiable political question. We will reverse and remand.”

“North Dakota law drastically restricts hunting privileges of nonresidents as compared to North Dakota residents. Some of those restrictions have come under attack in this lawsuit as invalid under the United States Constitution.” So begins an opinion that the U.S. Court of Appeals for the Eighth Circuit issued today. Today’s opinion later explains that “Minnesota filed this action seeking declaratory judgment and to enjoin these hunting laws to the extent they favor North Dakota residents.” The caption of the case is State of Minnesota v. John Hoeven, in his Official Capacity as Governor of the State of North Dakota. Today’s opinion affirms the district court’s rejection of the claims that Minnesota asserted in the lawsuit.

“Working Judge Turns 99”: The July 2006 issue of The Third Branch contained an article that begins, “Not every federal judge receives birthday wishes from the President and the Chief Justice of the United States, but Judge Wesley E. Brown is, well, extraordinary. On June 22, he took time from his work in the U.S. District Court for the District of Kansas, to comment about turning 99.”

My earlier coverage appears at this link. No word yet on whether the Clerk of the Supreme Court of Alabama has called to congratulate the octogenarian.

“A wild pitch on eavesdropping”: Law Professor Joseph Thai had this op-ed yesterday in The Boston Globe.

“Ex-Bush Aide Makes Plea Deal in Thefts; Claude Allen Might Avoid Jail, Files Show”: The Washington Post contains this article today.

The Richmond Times-Dispatch reports today that “Claude Allen expected to plead guilty.”

And The Raleigh News & Observer reports that “Allen, Bush’s ex-adviser, will plead guilty to theft.”

As noted in this earlier Washington Post article, President Bush had nominated Allen to serve on the U.S. Court of Appeals for the Fourth Circuit back in April 2003. The full U.S. Senate, however, never held an up-or-down vote on the nomination.

“Senate Committees Hear Guantanamo Testimony”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”

“Top Military Lawyers Oppose Plan for Special Courts”: This article appears today in The Washington Post.

The New York Times reports today that “White House Asks Congress to Define War Crimes.”

The Los Angeles Times reports that “New Plan Is Proposed for Detainees; The White House offers revised military rules for suspected terrorists’ trials; Republican Sens. McCain and Graham remain skeptical.”

And USA Today reports that “White House renews push for tribunals.”

“Evolution Fight Shifts Direction in Kansas Vote”: The New York Times contains this article today, along with an editorial entitled “The Evolution of Kansas.”

“A deal on domestic spying”: This editorial appears today in The Chicago Tribune.

“Signing statements: It’s a president’s right.” Law Professors Curtis Bradley and Eric Posner have this op-ed today in The Boston Globe.

“Padilla case said to lack evidence; A federal judge has expressed doubts about the strength of the government’s terror conspiracy case against Jose Padilla and others, ordering prosecutors to provide more evidence of alleged violent activities overseas”: This article appears today in The Miami Herald.

The South Florida Sun-Sentinel reports today that “Trial delayed for Padilla, 2 others suspected in al-Qaida case.”

And The Associated Press reports that “Judge Delays Padilla Terror Trial.”

“Fast Ruling Sought in Redistricting Case”: The Associated Press provides a report that begins, “With an election just around the corner, a three-judge federal panel was set Thursday to hear arguments about how to redraw southwest Texas congressional districts to restore minority voting power.”

In today’s edition of The Wall Street Journal: An article headlined “Alltel Spoofs Itself in Online Ads, But Not Everyone Gets the Joke” (free access) begins, “In advertisements on hundreds of blogs, visitors are being encouraged to join a lawsuit against Alltel Corp. over a new discount-calling plan from the regional cellphone company.” This particular Blogad can now be viewed here at “How Appealing” by simply scrolling to the Blogads box located in the right-hand column of this page.

Today’s newspaper also contains an article headlined “Federal Judges May Get Tax Relief on Stock Sales” (free access).

“Sack’s Sagacity”: The New York Sun today contains an editorial that begins, “The New York Times is weighing whether to appeal a decision of the judges who ride the Second United States Circuit that opens the way for a federal prosecutor to get a look at records of the newspaper’s phone calls.”

“11th Circuit Remands $400,000 in Sanctions Against Employment Lawyers”: law.com provides this report. My earlier coverage appears at this link.

“Evolution issue tips board’s balance; Election a moderate success”: The Lawrence Journal-World contains this article today.

And The Kansas City Star reports today that “Board of Education’s balance is shifting; State panel’s conservative majority unlikely to retain sway as moderates make gains in the Kansas primary.”

“Judge’s ruling favors school board; Christian band not allowed to play”: This article appears today in The Toledo Blade. I have posted online at this link Monday’s opinion of the U.S. District Court for the Northern District of Ohio. The “Religion Clause” blog has a post that provides links to the parties’ summary judgment briefs.

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained an audio segment entitled “Gay-Marriage Advocates Regroup After Latest Defeat.”

And today’s broadcast of “Talk of the Nation” contained audio segments entitled “Creationism Proponents Lose Ground in Kansas Primary” and “An Inside Look at Solitary Confinement.”

RealPlayer is required to launch these audio segments.

“Justice Frees Records in Library Search”: The Associated Press provides a report that begins, “Supreme Court Justice Ruth Bader Ginsburg on Wednesday ordered full disclosure of records in a court battle between FBI terrorism investigators and Connecticut librarians.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Ginsburg releases library case file.”

U.S. Court of Appeals for the Fifth Circuit holds that the City of Arlington’s recently enacted Sexually Oriented Business Ordinance is not an unconstitutional restriction on the expressive liberties of businesses that feature topless dancing: You can access today’s ruling at this link.

No word yet on whether “Location Unrecognized” will be part of the Ninth or Twelfth Circuit following a circuit split: A gimlet-eyed reader emails to note that today’s Ninth Circuit ruling in PUC v. FERC states, in the portion of the decision that usually gives the location where the case had been orally argued, “Argued and Submitted April 13, 2005–Panel Location Unrecognized.”

Update: Another reader emails to note that in today’s Ninth Circuit deep vein thrombosis/Warsaw Convention ruling, written by U.S. District Judge Morrison C. England, Jr. of the Eastern District of California sitting by designation, the authorship of the opinion is attributed to “ENGLAND, Circuit Judge:”

“No Way, ABA? American Bar Association’s rating of judicial nominee under attack.” FoxNews provides this interesting video report featuring Megyn Kendall.

Relatedly, the blog “Confirm Them” offers a post titled “Specter Urges Senate to Reject ABA Report on Wallace.”

“Holocaust Survivor Loses Bid To Sue Two German Companies”: Shannon P. Duffy of The Legal Intelligencer provides a news update (free access) that begins, “A Holocaust survivor who was left sterile after being subjected to medical experiments at the Auschwitz-Birkenau concentration camps has lost his bid to revive a lawsuit against two German companies that he claims cooperated with the Nazi regime.”

You can access today’s non-precedential ruling of the U.S. Court of Appeals for the Third Circuit at this link. The unanimous two-judge panel (then-Judge Samuel A. Alito, Jr. was the third judge who heard oral argument in the case) holds that the plaintiff’s claims against Schering AG and Bayer AG are nonjusticiable under the political question doctrine.

“The primary issue in this appeal is whether one who barters drugs for firearms has ‘used’ the firearms within the meaning of 18 U.S.C. sec. 924(c)(1)(A), which provides for a mandatory five-year sentence for using a firearm ‘during and in relation to any . . . drug trafficking crime.'” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued today.

The opinion proceeds to explain: “The circuit courts have split rather closely on this question. We hold that bartering drugs for firearms constitutes ‘use’ of the firearms under sec. 924(c)(1)(A).”

“Pfizer could lose billions in Lipitor patent ruling; Patent on world’s top-selling drug cut short by 15 months in judge ruling”: Reuters provides a report that begins, “A federal appeals court dealt Pfizer Inc. a legal setback Wednesday when it issued a ruling that threatens to cut 15 months from the patent life of its popular cholesterol drug Lipitor, the world’s biggest-selling medicine.” My earlier coverage appears here.

The Associated Press is reporting: David Kravets reports that “Appeals Court Slams Energy Regulators.” Today’s ruling of the U.S. Court of Appeals for the Ninth Circuit is available at this link, while the court’s related press release is here.

In other news, “Gonzales Holds Line on Terror Detainees.”

And an article reports that “Settlement Delayed in Indian Trust Case.”

U.S. Court of Appeals for the Third Circuit rejects two state-created danger claims: One opinion issued today involved a suit against a school district in Pennsylvania and one of the school district’s guidance counselors alleging that they could have done more to prevent the death of a sixteen-year-old boy who committed suicide at his home.

A second opinion issued today involved a lawsuit brought by a prison guard and his wife who claimed to have contracted antibiotic-resistant MRSA infections as a result of conditions at the Bucks County, Pennsylvania jail where the guard worked. I represent Bucks County in its pending, yet-to-be argued Third Circuit appeal from a $1.2 million jury award in favor of two pretrial detainees, both of whom contracted antibiotic-resistant staph infections during their confinements at the jail, on their deliberate indifference to serious medical needs-unconstitutional conditions of confinement claims.

Supreme Court of Ohio rules that a trial judge committed reversible error when he sought and accepted the assistance of the prosecutor’s office in preparing the sentencing opinion that affirmed the jury’s recommendation that the defendant receive the death penalty: You can access today’s ruling at this link, while a court-issued summary of the decision is here.

In news press coverage, The Associated Press provides a report headlined “Ohio Court Tosses Woman’s Death Sentence” that begins, “The Ohio Supreme Court on Wednesday threw out the death sentence of the first woman condemned since the state reinstated capital punishment in 1981.”

Ninth Circuit holds that an airline’s failure to warn a passenger of the possibility of developing Deep Vein Thrombosis during the course of an international flight does not constitute an “accident” under the Warsaw Convention: You can access today’s ruling at this link.