“‘For sale’ sign tests speech; Full appeals court to hear Glendale car seller’s suit”: The Cincinnati Enquirer today contains this article reporting on a case to be reargued tomorrow before the en banc U.S. Court of Appeals for the Sixth Circuit.
Back on May 19, 2006, I covered the original three-judge panel’s ruling in this case in a post titled “Divided three-judge Sixth Circuit panel rejects attorney’s commercial speech challenge to Village of Glendale, Ohio’s ordinance prohibiting the display of ‘for-sale’ signs on a vehicle parked on a public street.”
“Eighth Circuit follows the herd on crack sentencing”: Law Professor Doug Berman, at his “Sentencing Law and Policy” blog, has this post about an en banc ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
“Court Decision Favors Native Hawaiians”: David Kravets of The Associated Press provides a report that begins, “A private school in Hawaii can favor Hawaiian natives for admission as a means of giving a helping hand to a downtrodden indigenous population, a divided federal appeals court ruled Tuesday.”
The Honolulu Advertiser provides a news update headlined “Attorneys want to take case to high court.”
The Honolulu Star-Bulletin provides a news update headlined “Kamehameha Schools admission policy upheld.”
And Reuters reports that “Court backs Native Hawaiian school.”
En banc Ninth Circuit issues its ruling in Doe v. Kamehameha Schools: The 110-page en banc ruling consists of an “Opinion by Judge Graber; Concurrence by Judge W. Fletcher; Dissent by Judge Bybee; Dissent by Judge Rymer; Dissent by Judge Kleinfeld; Dissent by Judge Kozinski.”
According to a summary of today’s ruling from the majority opinion, “We took this case en banc to reconsider whether a Hawaiian private, non-profit K-12 school that receives no federal funds violates § 1981 by preferring Native Hawaiians in its admissions policy. We now answer ‘no’ to that question and, accordingly, affirm the district court.” The 15-judge en banc court appears to have divided 8-7 over the outcome of the case. I will surely be providing additional coverage of this ruling later today and in the days to come.
Update: Before going en banc, a divided three-judge Ninth Circuit panel ruled 2-1 in favor of Doe that “the Schools’ admissions policy, which operates in practice as an absolute bar to admission for those of the non-preferred race, constitutes unlawful race discrimination in violation of § 1981.” My earlier coverage of that ruling can be accessed here.
Both the judge who wrote the three-judge panel’s opinion and the dissenting judge on the three-judge panel (who today emerges as the author of the en banc majority’s opinion) were selected to serve on the 15-judge en banc panel. But Senior Circuit Judge Robert R. Beezer, who joined in the three-judge panel’s majority opinion holding the Kamehameha Schools’ policy unlawful, was not selected to serve on the 15-judge en banc panel. Thus, of the 16 Ninth Circuit judges to vote on the lawfulness of the Hawaiian schools’ policy, the court is evenly divided 8-8.
Today’s U.S. Supreme Court opinion in an argued case: You can access today’s 8-1 ruling in Lopez v. Gonzales, No. 05-547, at this link.
The Court today also dismissed as improvidently granted the writ of certiorari in Toledo-Flores v. United States, No. 05-7664.
At “SCOTUSblog,” Lyle Denniston has a post titled “Court limits deportation for drug crimes.”
And The Associated Press reports that “Immigrant Wins in Drug Deportation Case.”
“UVa law school well represented at Supreme Court; University 3rd nationwide in placing alumni in prestigious clerk post”: The Daily Progress of Charlottesville, Virginia today contains an article that begins, “The University of Virginia School of Law has more graduates clerking for the U.S. Supreme Court this term than any other school save Harvard and Yale.”
And speaking of Yale, I have arrived safe and sound in New Haven, Connecticut.
Programming note: Early this evening, I’ll be at Yale Law School in New Haven, Connecticut to speak at a Federalist Society-hosted panel on law blogging. Also scheduled to speak at the event are Law Professor Jack M. Balkin, of “Balkinization,” and Law Professor Glenn Harlan Reynolds, of “Instapundit.” The event is slated to begin at 6:10 p.m. and is open to the public.
Additional posts will appear online here this afternoon, after I arrive in New Haven.
“Md. Court Urged To Toss Out Ban On Gay Marriage”: This article appears today in The Washington Post.
The Baltimore Sun reports today that “Gay marriage case in Md. court; Judges ask few questions as scene outside is quiet.” In addition, columnist Jean Marbella has an op-ed entitled “Their best argument is the lives they lead.”
And The Washington Times reports that “State, ACLU square off over same-sex ‘marriage.’”
“Prosecutor’s death remains a mystery”: The Baltimore Examiner today contains an article that begins, “Three years ago, federal prosecutor Jonathan Luna left the courthouse in Baltimore, never to return. He was found dead hours later in a Pennsylvania creek with multiple stab wounds, and his case remains unsolved.” My most recent earlier coverage appears at this link.
The Newark (N.J.) Star-Ledger is reporting: Today’s newspaper contains articles headlined “Gay-marriage supporters set to press lawmakers; Campaign starting today will stress that legalizing civil unions won’t be enough” and “LaVecchia tapped for court tenure.”
“Drug deals costly: 55 years; U.S. top court refuses to hear Utahn’s appeal.” This article appears today in The Salt Lake Tribune.
And The Deseret Morning News reports today that “Top court won’t hear Salt Lake man’s drug case.”
“Justices question school policies; The Supreme Court debate suggests most favor halting the use of race to assign students to public facilities”: David G. Savage has this article today in The Los Angeles Times.
In USA Today, Joan Biskupic reports today that “Diversity programs may face ax; Justices cool to using race in school choice.” In addition, the newspaper contains an editorial entitled “52 years later, integration faces new Supreme Court test; ‘Brown v. Board of Education’ set standard; new case draws questions.” And Law Professor Douglas W. Kmiec has an op-ed entitled “Stop discriminating by race: Rigid ratios of white, non-white only indulge ugly stereotypes.”
The Seattle Times contains an article headlined “Aggressive questions from court in Seattle race case.”
The Seattle Post-Intelligencer reports that “Justices uneasy with Seattle schools ‘Open Choice’; U.S. high court looks at schools’ race policy.”
The Louisville Courier-Journal contains articles headlined “Justices may favor color-blind schools; Experts: Questions suggest Jefferson policy in danger” and “Some fear case may rekindle segregation.”
In Newsday, Tom Brune reports that “Question of using race as a factor in voluntary plans sees little support from Supreme Court bench.”
And The Washington Times reports that “Justices reconsider race-based school admissions.”
“Trial strategy change postpones Gates’ visit; The plaintiffs’ attorney will use a taped deposition of the Microsoft founder”: The Des Moines Register contains this article today.
“Nevada high court to debate judicial ethics; Proposed rules include banning jurists from personally soliciting campaign funds; Free speech may be an issue”: This article appears today in The Los Angeles Times.
“Court Reviews Race as Factor in School Plans”: Linda Greenhouse will have this article Tuesday in The New York Times.
And The Washington Post on Tuesday will report that “Justices Weigh Race, School Admissions; Cases Draw Wide Interest, Including Demonstrations.”
“Supreme Court Revisits Race in Public Schools”: This segment (transcript with link to audio) appeared on this evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer.”
“Competing Models of Judicial Coalition Formation and Case Outcome Determination”: Law Professor Tonja Jacobi has this paper (abstract with links for download) online at SSRN (via “Legal Theory Blog“).
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained an audio segment entitled “Supreme Court Hears School Diversity Case” featuring Nina Totenberg.
And today’s broadcast of “Talk of the Nation” contained an audio segment entitled “Supreme Court and School Diversity” featuring David G. Savage.
“DoD Photos of Shackling Jose Padilla”: Cryptome has posted them online at this link, while a PDF copy of the image is here.
As I noted here last night, The New York Times today contains a related article headlined “Video Is a Window Into a Terror Suspect’s Isolation.”
“Court appears likely to bar school ‘racial balancing'”: David G. Savage of The Los Angles Times provides this news update.
And Stephen Henderson of McClatchy Newspapers reports that “Supreme Court weighs school diversity cases.”
“Affirmative Inaction: Anthony Kennedy is sort of horrified by voluntary school desegregation.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.
“With the recent 9th Circuit opinion and one in Pennsylvania, there has been a lot of discussion about what constitutes possession of child pornography in our modern Internet era.” So begins a post at the blog “Sex Crimes” about my “On Appeal” essay headlined “Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?” published today at law.com.
And the blog “Esoteric Appeal” discusses my essay in an interesting post titled “Why Tech Law Is Amazing.”
Lots of other interesting comments about the essay have arrived by email, and I hope to have the time to respond to some or all of them soon.
“Balancing the races by racial edicts”: The Christian Science Monitor on Tuesday will contain an editorial that begins, “The Supreme Court Monday heard arguments in a case involving the use of skin color to decide where a student attends school.”
“Supreme Court Could Rule Against Use of Race for Public School Diversity”: law.com’s Tony Mauro provides a news update that begins, “The Supreme Court appeared headed on Monday toward a ruling that will sharply limit, if not eliminate, the use of race as a factor in assigning students to public schools to achieve diversity.”
“Maryland Court Hears Same-Sex Marriage Arguments”: The Washington Post provides this news update.
And The Baltimore Sun provides a news update headlined “Same-sex marriage arguments begin; Case starts in state’s highest court as both sides brace for long battle.”
By clicking here (RealPlayer required), you can watch archived video of today’s oral argument in the Court of Appeals of Maryland, that State’s higest court. The red robes that the court’s judges wear at argument — which are “red”-ily apparent on the video — seem festively appropriate for this holiday season.
Tomorrow’s Senate Judiciary Committee confirmation hearing for judicial nominees has been canceled: The notice of cancellation is at this link.
On today’s broadcast of NPR‘s “Day to Day“: The broadcast contained audio segments entitled “Supreme Court Considers Integration in Schools” (featuring Dahlia Lithwick); “Sperm Donor Challenges Parental Rights in Kansas“; and “Video Shows Treatment of Terrorism Suspect Padilla.”
Available online from the First Amendment Center: Two news analysis items from Tony Mauro — the first is headlined “‘Faith-based’ case tests establishment-clause lawsuit standing,” while the second is headlined “Court may untangle student-speech cases with ‘Bong Hits.’”
C-SPAN has posted online for on-demand viewing the audio of today’s U.S. Supreme Court oral arguments in the race-based school assignment cases: You can view this morning’s oral argument in Parents Involved in Community Schools v. Seattle School District, No. 05-908, by clicking here (RealPlayer required). In addition, the same-day transcript of this argument is available at this link.
And you can view this morning’s oral argument in Meredith v. Jefferson County Board of Education, No. 05-915, by clicking here (RealPlayer required). Update: The same-day transcript of this argument is now available at this link.
“Key U.S. justice opposes use of race in school cases”: James Vicini of Reuters provides this report.
And Greg Stohr of Bloomberg News reports that “Race-Based School Assignments Questioned by U.S. Supreme Court.”
“Judge Posner’s Seductive Realism and Pragmatic Adjudication–Beware the Pied Piper”: Brian Tamanaha has this post today at “Balkinization.”
“Correcting the Constitution”: Today’s broadcast of the public radio program “On Point” featured a lengthy segment (available in both RealPlayer and Windows Media Player formats) focusing on Law Professor Sanford Levinson‘s new book, “Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It).”
“Truck Driver Convicted in Smuggling Case”: The Associated Press provides a report that begins, “A truck driver was convicted Monday for his role in the nation’s deadliest human smuggling attempt, in which 19 illegal immigrants died from dehydration, overheating and suffocation inside a sweltering tractor-trailer. The trial’s punishment phase was set to begin on Wednesday and was expected to last about a week. Jurors will decide whether the driver, Tyrone Williams, should be sentenced to death or life in prison.”
And Harvey Rice of The Houston Chronicle provides a news update headlined “Truck driver convicted in smuggling deaths case.”
“Judge Forgoes Salary, But May Not Forgo Income”: “TaxProf Blog” has this post concerning the latest report on Pa. Superior Court Judge Joan Orie Melvin‘s efforts to decline Pennsylvania’s controversial judicial pay raise.
Lyle Denniston is reporting: At “SCOTUSblog,” he has posts titled “Schools’ race experiments may be doomed” and “Court puts off school holiday display appeal.”
