Just how bad are those George W. Bush-appointed appellate judges? PFAW issues an updated report providing its answer to that question: Yesterday, the organization People For the American Way issued a press release entitled “Bush Judges Confirm Opponents’ Fears; Report Documents Impact of Bush-Nominated Appeals Court Judges.” You can access the newly updated 102-page report, also issued yesterday, at this link.
Readers of this blog may recall that on January 23, 2004, I linked here to PFAW’s 33-page preliminary report bearing a similar title.
“Court Allows Workers to Sue Carpet Plant”: The Associated Press provides a report that begins, “A federal appeals court ruled Thursday that one of the world’s largest carpet makers can be sued under racketeering laws over allegations of hiring thousands of illegal immigrants and depressing wages.”
My earlier coverage appears at this link. And, for what it’s worth, the ruling in question issued on Wednesday.
On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained audio segments entitled “Retired Justice O’Connor Champions Judicial Independence” (featuring Nina Totenberg); “Senate Passes Detainee Rights Bill“; and “Detainee Legislation Gives President New Powers.” Real Player is required to launch these audio segments.
“Supreme Court Justices Reflect on Judicial Independence”: Tuesday’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained an interview (transcript with links to audio and video) with Justices Stephen G. Breyer and Sandra Day O’Connor.
Not the one who the ABA says is unanimously unqualified to serve on the Fifth Circuit: Liz Smith reports here that “You can see Mike Wallace talking with Supreme Court Justice Ruth Bader Ginsburg on the CBS Sunday Morning show” this upcoming Sunday.
“Bob, bob, bobble along; Baseball stars make good bobbleheads, but you can be one, too”: This article appeared Wednesday in The Kansas City Star. And thus we are one step closer to solving the mystery of the John G. Roberts, Jr. bobblehead doll.
And early yesterday east coast time, a Justice Antonin Scalia bobblehead doll sold at auction on eBay for $311.00.
One year ago today: As The Associated Press notes here, one year ago today John G. Roberts Jr. was sworn in as the 17th Chief Justice of the United States.
Both one year ago today and one year ago tomorrow, this blog provided extensive coverage.
In somewhat related news, Middlebury College this week issued a news release titled “Chief Justice of the United States John G. Roberts Jr. to speak at Middlebury College Oct. 24.”
“Q & A with Sandra Day O’Connor”: Time.com provides this item.
And The Old Gold & Black, the student newspaper of Wake Forest University, reports that “Justice O’Connor speaks at Wait.”
“Doctor testifies in defense of execution method; Anesthesiologist doubts reports of extended breathing”: Bob Egelko has this article today in The San Francisco Chronicle.
Today in The San Jose Mercury News, Howard Mintz reports that “Doctor details execution dilemma.”
And in The Sacramento Bee, legal affairs writer Claire Cooper reports that “Consciousness level key in execution hearing.”
“House Approves Power for Warrantless Wiretaps”: The New York Times contains this article today.
And The Los Angeles Times reports today that “House OKs Expanded Wiretap Program; The bill would allow easier monitoring of e-mails and phone records of U.S. citizens during terror probes.”
“Senate Approves Detainee Bill Backed by Bush; Constitutional Challenges Predicted”: This front page article appears today in The Washington Post. The newspaper also contains a news analysis headlined “Many Rights in U.S. Legal System Absent in New Bill.” And a related article reports that “Canadian Police Official Apologizes for Mistakes; Errors Led to Torture of Innocent Man.”
Today in The Los Angeles Times, David G. Savage and Richard Simon report that “Legal Battle Over Detainee Bill Is Likely; The Senate approves Bush’s plan for military tribunals; Limits on terror suspects’ options for appeal could lead to a Supreme Court ruling.”
The New York Times reports that “Senate Approves Broad New Rules to Try Detainees.”
The Chicago Tribune reports that “Tribunal bill OKd by Senate; Bush’s legislative victory comes amid concerns.”
The Boston Globe reports that “Senate’s passage of detainee bill gives Bush a win; Democrats say GOP capitulated.”
And The Washington Times reports that “Senate OKs detainees tribunal bill.”
“High Tech for High Court: The Supreme Court takes an important step in posting same-day transcripts on the Internet.” The Los Angeles Times contains this editorial today.
“Ashcroft Is Denied Immunity in Case”: This article appears today in The Washington Post. My earlier coverage is at this link.
“Court Secrecy May Be Reduced; Borden Would Allow Greater Scrutiny”: Lynne Tuohy has this article today in The Hartford Courant.
“Lawyer in Terror Case Apologizes for Violating Special Prison Rules”: The New York Times today contains an article that begins, “Lynne F. Stewart, the once brashly defiant radical defense lawyer who was convicted in a federal terrorism trial last year, has acknowledged in a personal letter to the court that she knowingly violated prison rules and was careless, overemotional and politically naive in her representation of a terrorist client.”
“Term should indicate new justices’ influence; Environment, abortion among high court issues”: Joan Biskupic has this article today in USA Today.
“Abortion, Race Cases Will Challenge Roberts’ Goal of Consensus”: law.com’s Tony Mauro provides this report.
“SCOTUS Preview”: This audio segment (RealPlayer required) appeared on today’s broadcast of the public radio program “Here & Now.”
“Man charged with defamation after boss’ suicide; Ex-Jefferson staffer routed private e-mails, officials say”: This article appears today in The Milwaukee Journal Sentinel.
“Photo Finish: How the Abu Ghraib photos morphed from scandal to law.” Dahlia Lithwick has this jurisprudence essay online at Slate.
Available online from National Public Radio: Today’s broadcast of “Talk of the Nation” contained an audio segment entitled “A Look Ahead at the Supreme Court Docket.”
And this evening’s broadcast of “All Things Considered” contained audio segments entitled “Senate Votes to Approve Detainee Treatment Bill“; “Details of the Senate’s Detainee Bill“; “A New Detainee Bill, and the Fate of Guantanamo“; and “Inmate Questions California’s Lethal Injections.”
RealPlayer is required to launch these audio segments.
“Senate OKs Detainee Interrogation Bill”: The Associated Press provides this report.
You can access the official roll call vote tally by clicking here.
“Alabama’s Justice Parker responds to O’Connor’s criticism in WSJ”: The Birmingham Business Journal provides this report.
My earlier coverage appears at this link.
“Ohio’s abortion pill law rejected; Judge: Legislation restricting RU-486 unconstitutional.” This article appears today in The Cincinnati Enquirer.
I have posted online at this link yesterday’s ruling of the U.S. District Court for the Southern District of Ohio.
“Pa. Court Says Father Can Teach Polygamy”: The AP provides a report that begins, “A father may teach his young daughter about his religious belief in polygamy despite his ex-wife’s objections, the Pennsylvania Supreme Court said Thursday.”
Yesterday’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a dissenting opinion. The majority opinion begins, “We granted allocatur in this case to consider the extent to which courts can limit parents from advocating religious beliefs that, if acted upon, would constitute criminal conduct.”
“7-Day Stay Granted in Surveillance Case”: The Associated Press provides a report from Detroit that begins, “The federal judge who struck down President Bush’s warrantless surveillance program turned aside a government request for an indefinite stay Thursday but said the government could have a week to appeal.”
“Seventh Circuit Appears Ready to Ground Retired Pilots’ Challenge to United Airline’s Confirmation Order”: “The Bankruptcy Litigation Blog” offers this post about an appellate oral argument that took place on Tuesday.
“Prison drugs are at issue; Witness at death penalty hearing accuses San Quentin officials of lax oversight of barbiturates”: Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper. Earlier today, I collected additional related news coverage at this link.
Ninth Circuit grants rehearing en banc to consider whether RICO claims against Microsoft and Best Buy arising out of the promotion of MSN Internet access service subscriptions at Best Buy stores were properly dismissed: Today’s order granting rehearing en banc can be accessed at this link.
It appears that rehearing en banc has been granted before the original three-judge panel assigned to decide the case has issued an opinion. The case was originally argued on November 16, 2005 before a panel consisting of Circuit Judges Stephen Reinhardt, William A. Fletcher, and Jay S. Bybee. You can download the audio of that oral argument via this link (Windows Media format).
Additional background about the case, now pending as a class action in state court, can be accessed here.
“Proposed class representatives of Vietnamese bank depositors seek to recover the dollar value of bank deposits made in Saigon, South Vietnam, before April 1975.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Today’s ruling affirms the federal district court’s dismissal of the case as time-barred.
“The Roberts Court: One-Year Out.” The Wolfson Center for National Affairs at The New School last night hosted a seminar featuring some leading scholars and journalists who cover the U.S. Supreme Court. You can view archived video of the event by clicking here (RealPlayer required).
Thanks to WSJ.com’s “Law Blog” for the pointer.
“Two military lawyers assigned to Gitmo defense seek private counsel”: Next week’s issue of The National Law Journal will contain an article (free access) by Pamela A. MacLean that begins, “Two military lawyers defending Guantanamo Bay detainees have sought their own private lawyers in a looming ethical fight over the right of detainees to self-representation and to refuse appointed counsel.”
“The dispute in this case involves the collection of information regarding internet protocol (IP) addresses and their linkage to universal resource locators (URLs) that facilitate use of the internet.” Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, in an opinion written by Circuit Judge Martha Craig Daughtrey, affirmed the dismissal of a putative class action challenge brought against Comcast Cable Communications under the Protection of Subscriber Privacy provision of the Cable Communications Policy Act of 1984.
Please hold your applause until all of the appellate attorneys have presented oral argument: The author of the blog “Eminent Domain” has listened to the oral argument audio (available online here in mp3 format) from the Seventh Circuit in the slave reparations lawsuit, and he writes that “My favorite part is halfway through when people in the courtroom start clapping after the plaintiffs’ lawyers are finished.” The post goes on to describe how the three-judge panel, consisting of Circuit Judges Richard A. Posner, Frank H. Easterbrook, and Daniel A. Manion, reacted to the applause.
My earlier coverage of yesterday’s oral argument can be accessed here and here.
“Woman charged over ‘vile’ Web stories”: The Pittsburgh Post-Gazette today contains an article that begins, “A Donora woman who federal prosecutors say posted fictional stories online about the rape, torture and murder of children was indicted this week on six charges of distributing obscene materials over the Internet. Unlike typical obscenity cases, though, Karen Fletcher, 54, of Meldon Avenue, is charged with violating the law through simple writing, and not with pictures or movies.”
And The Pittsburgh Tribune-Review reports today that “Woman charged in porn case.”
At “The Volokh Conspiracy,” Eugene Volokh has a post titled “Text as Obscenity.”
