New Fifth Circuit vacancy resulting from Circuit Judge Patrick E. Higginbotham‘s having taken senior status: According to this chart maintained by the Administrative Office of the United States Courts, Judge Higginbotham took senior status on Monday, August 28, 2006. (Via “Confirm Them“).

“Legal Experts Ridicule Court Opinion Striking Down Terrorist Surveillance Program”: The U.S. Senate‘s Republican Policy Committee issued this Policy Paper today.

“This Court has not previously ruled on the viability or the scope of the ministerial exception. Today, we join seven of our sister circuits in adopting the exception and hold that it applies to any claim, the resolution of which would limit a religious institution’s right to choose who will perform particular spiritual functions.” Judge D. Brooks Smith issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit.

The very first footnote to today’s ruling states:

This case was originally argued on October 20, 2005, before Judges Smith, Becker, and Nygaard. On May 23, 2006, an opinion by a majority of the original panel was filed, affirming in part, reversing in part, and remanding the case for further proceedings. Judge Smith filed a dissenting opinion on the same day. Judge Becker, who authored the majority opinion, died on May 19, 2006, after the case had been circulated to the full court, but before the opinions were filed. Appellants petitioned for rehearing en banc or, in the alternative, rehearing by a reconstituted panel. Because of this chain of events, the Court granted the Appellants’ request for rehearing by a reconstituted panel. Judge Nygaard subsequently recused himself from the reconstituted panel. Judges Cowen and Greenberg were selected at random to replace Judges Becker and Nygaard.

As a result of the reconstitution of the panel, Judge Smith’s formerly dissenting views regarding the so-called “ministerial exception” now represent the law of the Third Circuit.

My coverage of the original three-judge panel’s opinion can be accessed at this link. And my post reporting on the Third Circuit’s en banc order granting panel rehearing can be accessed here.

“Journalist and Judge Honored by Indiana Judges Association”: Congratulations to Marcia J. Oddi, author of “The Indiana Law Blog,” who is one of two recipients of this year’s Commendations for Excellence in Public Information and Education Awards from the Indiana Judges Association. A prolific law blogger is being honored as a journalist by an association of judges for keeping the public educated and informed about the judiciary — this is an exciting development!

“Bush Transfers 14 CIA Detainees to Gitmo”: The Associated Press provides this report.

And CNN.com reports that “Top terror detainees to face military tribunals.”

Same-sex marriage opponents lose constitutional challenge to Illinois law governing inclusion of an advisory question on that State’s ballot: Seventh Circuit Judge Richard A. Posner issued this interesting opinion today on behalf of a unanimous three-judge panel of that court.

According to the decision, “The plaintiffs want to place on the ballot for the forthcoming elections in November the question whether the Illinois General Assembly should propose to amend the state constitution to provide that in order ‘to secure and preserve the benefits of marriage for our society and for future generations of children, a marriage between a man and a woman is the only legal union that shall be valid or recognized in this State.'”

Today’s ruling affirms a federal district court’s decision dismissing plaintiffs’ lawsuit, “which charges that the requirements for getting an advisory question on the Illinois ballot are so onerous that they violate freedom of speech (or of association, or to petition for redress of grievances), equal protection, and due process of law.”

“The Federal Income Tax Consequences of the Bobble Supreme Phenomenon”: Law Professor Leandra Lederman has this article (abstract with links for download) in the Summer 2006 issue of The Green Bag (via “Legal Theory Blog“). Some of my earlier coverage of this phenomenon can be accessed via this link.

“‘Less’ is ‘More’? Textualism, Intentionalism, and a Better Solution to the Class Action Fairness Act’s Appellate Deadline Riddle.” Law Professor Adam Steinman has this article (abstract with links for download) online at SSRN (via “Legal Theory Blog“).

Earlier this year, I had this essay on law.com addressing that same subject.

Not that fellow who fights Inspector Clouseau in the Pink Panther movies: The 2005–2006 issue of the Cato Supreme Court Review will become available next Thursday in connection with this event in Washington, DC.

The publication will include a piece by Law Professor Peter B. Rutledge entitled “Looking Ahead: October Term 2006” (abstract with links for download).

“We have no reason to believe that evangelical Christians as a class are ‘unusually susceptible’ to fraud.” The federal Sentencing Guidelines contain a provision authorizing greater punishment if the victim of a crime was especially vulnerable. Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision holding that “Absent findings by the District Court that any specific victim was especially gullible because of his religion, we cannot conclude that evangelical Christian victims were susceptible to fraudulent schemes involving religious imagery in a manner analogous to how desperate cancer patients might be susceptible to con artists selling placebos.”

“Attorney General Gonzales supports military tribunals”: McClatchy Newspapers provide this report.

“Bush to unveil new plan for Guantanamo detainees”: CNN.com provides this report.

“As the regulations are not narrowly tailored and do not advance a compelling state interest, Ohio’s system for registering new political parties violates the Constitution.” A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued its ruling today in Libertarian Party of Ohio v. Blackwell.

“U.S. Attorney General Discusses Terror Prosecutions”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”

“This Land Is Whose Land? In which Piscataway seizes the Halper family farm.” In the September 11, 2006 issue of The Weekly Standard, Matt Labash has an essay that begins, “This past winter, when last we left Logan Darrow Clements in the snows of New Hampshire, he was engaged in a modest, civic-minded enterprise. He was trying to steal the house of Supreme Court justice David Souter.”

“District judge gets Senate hearing date”: Last Friday’s edition of The News Journal of Wilmington, Delaware contained an article that begins, “Delaware U.S. District Judge Kent A. Jordan will be in Washington on Wednesday for his confirmation hearing to the U.S. 3rd Circuit Court of Appeals.” The confirmation hearing is scheduled to begin at 2 p.m. today before the Senate Judiciary Committee.

“Feds back state on House prayer; Hearing on appeal is Thursday”: This article appears today in The South Bend Tribune.

The Evansville Courier & Press reports today that “Court to hear House prayer appeal.”

The Indianapolis Star reports that “House taking donations to fight prayer ruling; Lawmaker says people asked if they could contribute.”

The Journal Gazette of Fort Wayne reports that “Prayer fray heads back into court; House appeals federal ruling.”

And The Associated Press reports that “Federal Court to hear House prayer case.”

“Conservatives Urge One More Push for Judges”: Today’s issue of Roll Call contains an article (subscription required) that begins, “Despite renewed political pressure to advance five controversial appellate court judges, Senate GOP leaders remain skeptical that they can take up and win a major battle over judicial nominations with just four weeks left on the Congressional calendar before Election Day.”

“Republican Rift Over Wiretapping Widens; Party at Odds on Surveillance Legislation”: This article appears today in The Washington Post.

Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined “High court justices sound cool toward Internet libel case” and “Threat of prison delayed for BALCO reporters.”

“Jackson Case Reopens Debate on Private Judges; Pop star’s dispute with ex-wife heads for county court as officials seek to reform system”: The Los Angeles Times today contains an article that begins, “Starting today, Michael Jackson will figure in another courtroom drama — this one centering on attempts by Los Angeles Superior Court officials to show that celebrities and other rich people can’t buy special treatment from the legal system when they have business disputes or want to get divorced.”

“Army to Use Geneva Rules for Detainees; New manual eliminates secret tactics and separate standards for questioning captives”: This article appears today in The Los Angeles Times.

“Problems Alleged in Execution of Crips Co-Founder; Lawyers for another condemned inmate say Stanley Tookie Williams may have felt horrible pain”: Henry Weinstein has this article today in The Los Angeles Times.

And today in The Sacramento Bee, Claire Cooper reports that “Doctor at execution balked; Anesthesiologist’s refusal to actively participate caused halt to Morales procedure.”

“Anti-Spam Conviction Is Upheld; N.C. Man Flooded AOL Customers With Unsolicited E-Mail”: This article appears today in The Washington Post.

The Richmond Times-Dispatch reports today that “Spammer’s conviction upheld; Three-judge panel also ruled the state’s three-year-old anti-spam law constitutional.”

And The Free Lance-Star of Fredericksburg, Virginia reports today that “Appeals court upholds state anti-spam law.”

You can access yesterday’s ruling of the Court of Appeals of Virginia at this link.

“Justice Kennedy Has Stent Implanted; Moderate Jurist’s Heart Is Undamaged, Court Officials Say”: Charles Lane has this article today in The Washington Post.

David G. Savage of The Los Angeles Times reports that “Justice Kennedy Has Artery Stent Replaced; He is hospitalized briefly for what experts say is a rather common follow-up procedure.”

And The New York Times reports today that “Justice Kennedy Has Stent Put in Artery.”

“Solicitor general shares experience with students”: The Baylor Lariat today contains an article that begins, “United States Solicitor General Paul D. Clement paid a visit Tuesday to the Sheila and Walter Umphrey Law Center. Clement spoke to law students and faculty about his experience with both the Department of Justice and the Supreme Court.”

“GOP Senators Differ With President on Military Trials; Terrorism Suspects’ Right To Information Is at Issue”: This article appears today in The Washington Post.

“IBM pension case may go to Supreme Court”: MarketWatch provides this report.

“Judge Hears Arguments on Federal Spying Program”: Adam Liptak has this article today in The New York Times.

And The Associated Press reports that “Lawyer Defends Wiretapping Program.”

“Woman to lead highest court in Iowa; Marsha Ternus, on the Supreme Court since ’93, will break new ground when she succeeds the retiring Louis Lavorato”: This article appears today in The Des Moines Register.

And The Associated Press reports that “Iowa Court Elects Female Chief Justice.”

In today’s edition of The New York Sun: Josh Gerstein reports that “Judge in Aipac Case Has Pattern On Free Speech.”

And in other news, “Wiretapping as Anti-Terror Tool Called a Presidential Prerogative.”

Available online from law.com: An article reports that “Calif. High Court Cold to Liability in Online Speech.”

And in other news, “‘Offensive’ Speech Gets Narrow Reading at 2nd Circuit; Panel holds censorship of t-shirt violates student’s rights.” You can access last Wednesday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Judge Wu nominated to fill vacancy to be created by the impending retirement of Judge Lew: The White House today officially renominated its returned federal appellate court nominees and made a bunch of new U.S. District Court nominations, including one that rhymes.

Since this blog’s founding in May 2002, I’ve yet to attempt to determine which if any Article III judges have a last name that rhymes with the last name of the judge who created the vacancy being filled. Moreover, if a judge with the last name Anewseet were appointed to fill a new seat, that too would count.

“Frank Easterbrook: A Portrait of the Next Chief.” Stephen M. Shapiro, Andrew L. Frey, and Kenneth S. Geller have this interesting article in the current issue of The Circuit Rider, a publication of the Seventh Circuit Bar Association (via “DePaul ACS Blog“).

“Goldman seeks control of O.J. Simpson’s right to publicity”: CNN.com provides a report that begins, “In what may be an unprecedented legal move, Fred Goldman is asking to have control over O.J. Simpson’s publicity rights to his own likeness, name and persona to satisfy a multimillion-dollar wrongful death judgment.”