“The majority opinion in this case represents the latest step in an ongoing push within this Circuit to subvert United States v. Booker, 543 U.S. 220 (2005), and to make the sentencing Guidelines de facto mandatory.” So begins Circuit Judge Eric L. Clay‘s opinion dissenting from today’s ruling of the majority on a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

The New York Times is reporting: In today’s newspaper, Neil A. Lewis has an article headlined “5 Men Leave Guantanamo for a Bleak, Uncertain Future.”

And the newspaper also contains articles headlined “In Wake of Plot, Justice Dept. Will Study Britain’s Terror Laws“; “Military’s Discharges for Being Gay Rose in ’05“; and “U.S. Wants Ex-Enron Chief to Pay Lay’s Share, Too.”

“Texas senators’ roles defy junior, senior ranks; Hutchison takes the lead on state projects, while Cornyn’s focus is on national policy”: The Houston Chronicle contains this article today.

“Superman tops Supremes”: This article appears today in The Washington Times.

“Espionage Lite: Talking about secrets becomes a crime.” The Washington Post contains this editorial today.

“Bush Signs Law to Save War Memorial Cross”: This article appears today in The New York Times.

The San Diego Union-Tribune reports today that “Feds now control Mount Soledad cross site; Bush signs bill; biggest foe expects court ruling soon.”

The Los Angeles Times reports that “President Signs Bill to Save San Diego Cross; The legislation labels the icon on public land a federal war memorial, an effort to make it harder for foes to force its removal.”

And The Washington Times reports that “Bush saves cross by eminent domain.”

“Has Bush v. Gore Become the Case That Must Not Be Named?” Adam Cohen has this Editorial Observer essay today in The New York Times.

“Help Wanted: Qualified Judges; The Bush administration should withdraw the latest judicial nominee and four others that are in limbo.” This editorial appears today in The New York Times.

“The Suit Challenging the NSA’s Warrantless Wiretapping Can Proceed, Despite the State Secrets Privilege: Why The Judge Made the Right Call.” Julie Hilden has this essay today online at FindLaw.

“We Need Our Own MI5”: Seventh Circuit Judge Richard A. Posner will have this op-ed Tuesday in The Washington Post.

“Colorado Redistricting Lawsuit Dismissed”: The Associated Press provides a report that begins, “A panel of federal judges has delivered a blow to Colorado Republicans and dismissed the last lawsuit filed over congressional boundaries imposed by a state court.”

You can access the ruling of a three-judge court of the U.S. District Court for the District of Colorado by clicking here.

“Kennedy & the Rule of Law: U.S. Supreme Court Justice Anthony Kennedy addresses the American Bar Association’s Annual Meeting in Honolulu.” You can access this past Saturday’s broadcast of C-SPAN‘s “America & the Courts” program by clicking here.

“Man Admits Threatening to Murder Federal Judge”: law.com provides this report.

“Snow White’s dwarfs more famous than US judges: poll.” Reuters provides this report.

“Wone Murder Remains a Mystery”: This post appears today at “DCist.”

“Judicial Activism and the Rehnquist Court”: Law Professor Lori A. Ringhand has posted this article (abstract with link for download) at SSRN (via “Legal Theory Blog“).

Available online from the Supreme Court of the United States: The Court today issued a press release titled “Jeffrey P. Minear named new Administrative Assistant to the Chief Justice.”

And the Court today also posted online its November 2006 oral argument calendar. My summary of the cases on the October calendar can be accessed here, while my summary of the cases on the November calendar will be forthcoming in due course.

“Bush signs bill transferring Mount Soledad cross to federal control”: The San Diego Union-Tribune provides this news update.

And The Associated Press reports that “U.S. Govt Gets Giant Cross in San Diego.”

You can view the text of the legislation by clicking here.

“Former Colleague in Solicitor General’s Office Becomes Chief Justice’s Administrative Assistant”: law.com’s Tony Mauro provides this news update.

“Roberts Taps Justice Vet to Be Top Aide”: The Associated Press provides this report.

And at “SCOTUSblog,” Lyle Denniston has a post titled “New aide to the Chief.”

“Newsmaker: A blogger’s battle from behind bars.” Last Friday, c|net News.com published an interview with jailed video blogger Josh Wolf.

“Criminal, Immunize Thyself: The Bush administration’s get out of jail card for torturers.” John Sifton has this jurisprudence essay online at Slate.

Ruling on an issue that has produced a circuit split, the U.S. Court of Appeals for the Seventh Circuit holds that the probate exception to federal subject matter jurisdiction applies not just in diversity cases but in federal question cases too: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel.

On rehearing, the majority on a divided three-judge Fourth Circuit panel again holds that a racially derogatory comment made by a co-worker in the immediate aftermath of the arrest of the DC-area snipers does not equate to a racially-hostile work environment: Today’s decision can be accessed at this link. Footnote one of today’s dissenting opinion describes the grant of rehearing and the changes to the majority opinion that resulted. My coverage of the panel’s original ruling, which issued on May 12, 2006, can be accessed here.

“Courts & The Law: Restraint vs. Rationality.” Columnist Kenneth Jost has this essay in today’s issue of CQ Weekly. Therein, he looks at the two recent same-sex marriage rulings from the States of New York and Washington.

“Cross backers cross signals”: Dana Wilkie has this essay today in The San Diego Union-Tribune.

And The Voice of San Diego has posted online an article headlined “Judge: Bush Can Sign Cross Bill, But Will Revisit Issue.”

“[E]ven the most animated application of the parsimony requirement–that the district court impose ‘a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in’ § 3553(a)(2)–cannot justify a one-day sentence in this case.” The majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued an opinion that begins, “After a jury convicted William Davis of two counts of bank fraud, the district court calculated a guidelines sentencing range of 30 to 37 months. After considering the § 3553(a) factors, the court imposed a sentence of one day in prison because Davis was 70 years old at the time of sentencing and because he had committed the underlying crimes 14 years earlier. Unable to conclude that this variance is reasonable, we reverse.” Circuit Judge Jeffrey S. Sutton wrote the majority opinion, in which Chief Judge Danny J. Boggs joined.

Senior Circuit Judge Damon J. Keith issued a dissenting opinion that begins, “I am saddened and distressed by the majority’s opinion, which totally disregards the district court’s authority to impose a fair and reasonable sentence that is ‘sufficient but not greater than necessary’ to effectuate the purposes of sentencing. Reversing the district court’s sentence is a complete miscarriage of justice.”

“A Look Ahead to First Oral Arguments of New Supreme Court Term”: That’s the headline of the brand new installment of my “On Appeal” column for law.com.

“Activists Protest Military Ban on Gays”: The Associated Press provides this report.

On the editorial page of today’s issue of The New York Times: The newspaper contains editorials entitled “Rewriting the Geneva Conventions” and “Shoot First — No Questions Asked.”

“Republicans Weigh Push For Tougher Terror Laws; Expansion of Surveillance A Key Part of New Strategy; Chertoff Is Leading Charge”: This article (free access) appears today in The Wall Street Journal.

And The Boston Globe reports today that “Chertoff wants US to review antiterror laws; More arrest powers eyed.”

The New York Sun is reporting: In today’s newspaper, Josh Gerstein reports that “Judge Rules For Pro-Israel Lobbyists.”

And in other news, “Government Lawyers Warn of Constitutional Showdown Over Plan B.”

“Blawg Review #70”: Available online here at the blog “Preaching to Perverted.”

“Defeat of Bush’s judicial nominee traced to S.C.’s Graham”: The State newspaper of Columbia, South Carolina today contains an article that begins, “If the defeat of a high-profile judicial nominee were probed like a homicide investigation, U.S. Sen. Lindsey Graham’s fingerprints would be on the gun. After Congress adjourned for its summer recess last week, the Senate quietly returned to the White House the nomination of William J. ‘Jim’ Haynes to the 4th U.S. Circuit Court of Appeals.”

“Murals in federal building spark debate over censorship”: The McClatchy Newspapers provide this report. The controversial murals are located in the building that houses the headquarters for the Environmental Protection Agency, and they can be viewed via this link.