“The Honorable Kimberly A. Moore was sworn in as a circuit judge on the U.S. Court of Appeals for the Federal Circuit on September 8, 2006”: The home page of the U.S. Court of Appeals for the Federal Circuit contains this announcement today. Thanks to the junior U.S. Senator from Pennsylvania, Judge Moore’s confirmation vote and the “How Appealing” blog will be forever linked via a page of the Congressional Record.
“Blog Law: Legal issues, liabilities, and new opportunities.” I’ll be one of the presenters at this Law Seminars International CLE event in New York City, at the New York Marriott Marquis Times Square Hotel, on November 16-17, 2006. You can access the brochure in PDF format by clicking here.
“(CIA) Business as Usual?: Would the Administration Bill Effectively ‘Overrule’ Hamdan? “ Marty Lederman has this post today at the “Balkinization” blog.
“Tainted Fruit: How can al-Qaida’s 14 worst terrorists stand trial?” Law Professor David Cole has this jurisprudence essay online at Slate.
“Judge Rules Against Terror Suspect”: The Associated Press provides a report that begins, ” A federal judge rejected an attempt by terror suspect Jose Padilla to keep a jury from hearing statements he made to the FBI shortly before his 2002 arrest.”
Access online the oral argument audio of yesterday’s Seventh Circuit Indiana legislative prayer case: The audio can be accessed in mp3 format by clicking here. Circuit Judge Diane P. Wood was an active and quite impressive questioner.
The briefs filed on appeal in the case can be accessed via this link. And an opinion by this same three-judge panel denying, by a 2-1 vote, a stay of the district court’s order permanently enjoining sectarian prayer at the beginning of Indiana House meetings can be accessed here.
“[A]ccidental byproduct of Booker” does not allow a defendant convicted in federal court of receiving child pornography to be sentenced to probation instead of imprisonment: The U.S. Court of Appeals for the Ninth Circuit issued this ruling today.
“Ruling on Web site access for blind; Judge says the law removes all barriers for disabled people”: Bob Egelko has this article today in The San Francisco Chronicle.
Today in The Oakland Tribune, Josh Richman reports that “Blind patrons’ lawsuit against Target proceeds.”
National Federation of the Blind has issued a press release entitled “Federal judge sustains discrimination claims against Target; precedent establishes that retailers must make their websites accessible to the blind under the ADA.”
I have uploaded this week’s ruling of the U.S. District Court for the Northern District of California at this link. Additional information on the case is available from Disability Rights Advocates via this link.
“Plaintiff for Indicted Law Firm Wants Case Dismissed”: Today in The New York Sun, Josh Gerstein has an article that begins, “A perennial plaintiff for a prominent law firm facing federal racketeering and fraud charges is asking that the criminal case against him be dismissed because of protracted delays and his failing health.”
“Reporting on British Trials a Challenge”: The Associated Press provides a report that begins, “The complete story of how suspected terrorists planned to blow up U.S.-bound airplanes may take a year or so to tell because of reporting restrictions that keep journalists from publishing details before a trial.”
“Sen. Santorum Quotes Bloggers From Floor”: National Journal’s “Beltway Blogroll” provides this post today. You can access the relevant page of the Congressional Record at this link.
“Pentagon Lawyers Stand Against Tribunal Plan”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
“Where’s the Terror? Post-9/11 prosecutions end with a whimper.” Brian Doherty has this essay online at Reason.
“Judging John Roberts, Year One”: This item appears online at the Harvard Political Review.
“This case presents the rare instance when public citizens seek to limit the speech of a governmental entity rather than the reverse.” A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a decision resolving whether an Ohio town “violated the First and Fourteenth Amendments by advertising and otherwise advocating against a citizen-sponsored ballot initiative and in favor of a tax levy.” The majority answers “no.”
In his dissenting opinion, Circuit Judge Boyce F. Martin, Jr. writes, “Here, we confront state action that is at the same time innocuous yet threatening to our republican form of government. Although local governmental expenditures to advocate in an election may seem commonplace and uninspiring, I take the position that governmental campaigning in elections is implicitly prohibited by our constitutional design and republican form of government.”
“Senate considers Jackson lawyer; Hearing expected to be replay of brawl over Pickering nomination”: The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, “The Senate Judiciary Committee is set to consider the federal court nomination of Jackson lawyer Michael Wallace at a hearing that may become a replay of the brawl over the nomination of Charles Pickering.” According to the article, the hearing could occur on September 19th or 26th.
“Judge This: The Senate leadership should move immediately on pending judicial nominations.” This editorial appears today at National Review Online.
“Interrogation Methods Rejected by Military Win Bush’s Support “: Adam Liptak has this article today in The New York Times. And an article reports that “Questions Raised About Bush’s Primary Claims in Defense of Secret Detention System.”
The Washington Post today contains a front page article headlined “Decision to Move Detainees Resolved Two-Year Debate Among Bush Advisers.” The newspaper also contains articles headlined “Bush’s Detainee Plan Is Criticized; Military Lawyers and Senators Say Proposed Rules for Evidence Are Unfair” and “Guantanamo More Strict, Detainees Say; Defense Attorneys Relate Clients’ ‘Despair.’”
The Los Angeles Times contains articles headlined “CIA Can Still Get Tough on Detainees; New interrogation rules will apply only to the military; The harsh tactics remain secret” and “Top Military Lawyers Dislike Tribunal Plan; Bush’s proposal to allow withholding evidence from suspects would preclude ‘a full and fair hearing,’ they say; GOP leaders work on a deal.”
The Chicago Tribune reports that “Bush plan vague on torture, evidence; Tribunal judges would decide if detainees had been abused, coerced.”
And McClatchy Newspapers report that “Legal experts in military object to Bush plan” and “Suspects arrived at Guantanamo in good health, commander says.”
“Bush Calls For Greater Wiretap Authority; President Says Power Is Needed for Threat”: This front page article appears today in The Washington Post.
“Rhode Island’s Lincoln Chafee faces primary defeat”: McClatchy Newspapers provide this report.
“Judges shy away from prayer ban; Panel hears Bosma’s challenge to ruling that halted overtly Christian invocations”: The Indianapolis Star contains this article today, along with an op-ed by columnist Matthew Tully entitled “Let’s face it, prayer issue is all about, well, politics.”
And The Post-Tribune of Merrillville, Indiana today contains an article headlined “Prayer in House ‘free-speech issue.’”
“Court Suspends Enforcement of Indecency Ruling; Broadcasters Had Appealed FCC’s Findings on ‘NYPD Blue’ and Other Shows”: This article appears today in The Washington Post.
The Los Angeles Times reports today that “FCC’s Indecency Rules Put on Hold; A court temporarily bars the agency from using stricter standards pending a challenge.”
My earlier coverage is at this link.
“Beinish unanimously approved as new Supreme Court president”: Haaretz provides this report.
“Court Decision Prompts S.E.C. to Revisit a Rule on Shareholder Proposals”: The New York Times contains this article today.
You can access Tuesday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Eavesdropping case gains steam; A judge gives a defunct Oregon charity the go-ahead on a lawsuit over private conversations”: This article appears today in The Oregonian.
And today in The New York Times, Adam Liptak reports that “Judge Allows Islamic Group to Challenge Wiretapping.”
I have posted online at this link a copy of yesterday’s ruling of the U.S. District Court for the District of Oregon.
“Lawyers and G.O.P. Leaders Raise Doubts on Tribunals”: Friday’s edition of The New York Times will contain this article.
“Lawsuit seeks to block blogger; First Amendment advocates decry ‘prior restraint'”: This article appeared Tuesday in The Orlando Sentinel.
Available online from law.com: Tony Mauro has an article headlined “Is Time Ripe for ‘Dr. Miles’ to Fall? Supreme Court may review long-standing antitrust precedent.”
Marcia Coyle reports that “Judicial Surveys Vex the Bench.”
And Shannon P. Duffy has an article headlined “3rd Circuit Reverses Itself on Groundbreaking Sex Discrimination Ruling; Vacating opinion by late Judge Becker, court broadens scope of ministerial exception.” My earlier coverage appears at this link.
“Prosecutors ‘fishing’ for confidential sources, paper says; Chronicle lawyers argue only grand jury leak at issue”: Bob Egelko has this article today in The San Francisco Chronicle.
“Birth control suit tests court; Religious groups argue they should not have to provide state-mandated contraceptive coverage”: This article appears today in The Times Union of Albany, New York.
On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained audio segments entitled “Military Lawyers Balk at President’s Tribunal Plan“; “Senators Wary of Bush’s New Detainee Policy“; “Senate Panel Weighs U.S. Wiretapping Program“; and “Sisters Seek Partner Status in British Courts.”
In Friday’s issue of The Christian Science Monitor: Warren Richey will have an article headlined “Bush’s bid to unsnarl law on terrorism; President Bush faces an array of challenges on issues from warrantless wiretaps to military tribunals.”
Tomorrow’s newspaper will also contain an article headlined “Bush moves to shore up war-on-terror credentials; His speeches on security this week signal that Republicans will use the terrorism issue for the third election in a row.”
“Judge Won’t Dismiss Eavesdropping Suit”: The Associated Press provides this report.
“Court deems search improper; Man whose pants were searched gets new trial”: The News & Observer of Raleigh, North Carolina today contains an article that begins, “A Charlotte man won a new trial Tuesday because a police officer conducted an ‘intrusive genital inspection’ without warning and probable cause to think that drugs were in the man’s pants.”
You can access yesterday’s ruling of the North Carolina Court of Appeals at this link.
“Change In Approach; Ex-Chief Justice Shows Humility Before Judicial Panel”: Lynne Tuohy has this article today in The Hartford Courant.