“Army subpoenas journalists over officer’s quotes”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Army prosecutors have sent subpoenas to journalists in Oakland and Honolulu demanding testimony about quotes they attributed to an officer who faces a court-martial after denouncing the war in Iraq and refusing to deploy with his unit.”

“Give habeas a chance: Although it failed to pass the Senate in September, a measure letting enemy combatants challenge their detention is back in a new bill.” This editorial appears today in The Los Angeles Times.

“Scalia Tells Group What It ‘Ought to Hear'”: In today’s edition of The Washington Post, Robert Barnes has an article that begins, “The most obvious question about Supreme Court Justice Antonin Scalia’s appearance before the Northern Virginia Technology Council last week was: What was he doing there?”

“Conservatives’ Grip on Key Virginia Court Is at Risk”: The Washington Post today contains a front page article that begins, “A growing list of vacancies on the federal appeals court in Richmond is heightening concern among Republicans that one of the nation’s most conservative and influential courts could soon come under moderate or even liberal control, Republicans and legal scholars say.”

“The Midas Touch”: Today in The New York Times, Marc Maurer has an op-ed that begins, “In a ruling in a lawsuit last month, Judge James Robertson of Federal District Court said that United States currency discriminates against blind people because bills are all the same size and cannot be distinguished by touch.”

“Executions drop as states debate lethal injection; Some see decline as temporary; others say death penalty is fading”: This article appears today in USA Today.

Available online from FindLaw: Michael C. Dorf has an essay entitled “The Bush Administration Wins a Round on Military Commissions, But the District Court Ruling May Have a Silver Lining for Detainees.”

And Austin Sarat has an essay entitled “When Executions Go Wrong: A Horribly Botched Florida Killing Adds Strong Impetus to a National Reconsideration of Capital Punishment.”

“Blawg Review #88”: Available here, at “HealthBlawg.”

In Monday’s edition of The Christian Science Monitor: The newspaper will contain an article headlined “New twist on government control of data: use of subpoenas; Justice officials have asked a court to make the ACLU return a classified document; Is too much kept secret?”

And in other news, “The YouTube world opens an untamed frontier for copyright law.”

“A dangerous attack on leaks”: The Chicago Tribune contains this editorial today.

In addition, Law Professor Geoffrey R. Stone has an op-ed entitled “Secrecy, the enemy of democracy.”

“Padilla terror case gets closer look; His lawyers, alleging abuse, want him freed; A judge may hold the first such hearing on the treatment of detainees”: This article appears today in The Los Angeles Times.

“Offering Support for a Menorah, Unofficially”: The New York Times today contains an article that begins, “For the second year in a row, this normally serene university town at the eastern base of the Rocky Mountains is embroiled in a dispute over holiday symbols. The controversy, similar to recent wrangling over Christmas trees at Seattle-Tacoma International Airport, centers on the refusal by Fort Collins to allow a menorah to be displayed downtown during Hanukkah, near a Christmas tree and other Christmas displays.”

“Unfinished Business: The departing Republican Congress has left the new Democratic majority much urgent, unfinished business to restore due process, civil liberties and the balance of powers.” This editorial appears today in The New York Times.

“BeldarBlog” analyzes the Fifth Circuit‘s recent splintered holding in the case challenging opening prayers at Tangipahoa Parish (Louisiana) School Board meetings: You can access Beldar’s post at this link. My earlier coverage appears here.

Elsewhere, The Times-Picayune of New Orleans reports today that “Board prayer improper, judges say; But nonsectarian one may work.”

And The Associated Press reports that “Court opens door for nonsectarian prayer at Tangi school board.”

Bob Egelko is reporting: Today in The San Francisco Chronicle, he has an article headlined “With lethal injection halted, all eyes on governor.”

And yesterday he had an article headlined “State appeals court expands use of battered-women’s syndrome; Defense could apply to being forced to murder, judges rule.” You can access Thursday’s ruling by a divided three-judge panel of the California Court of Appeal for the Fourth Appellate District, Division One, at this link.

“Perez Hilton takes their best shots; The gossip blogger’s use of an agency’s paparazzi photos puts the legal spotlight on copyright infringement”: This article appears today in The Los Angeles Times.

“Why Supreme Court Justices Should Ride Circuit Again”: Law Professor David R. Stras has posted this article (abstract with links for download) online at SSRN (via “Legal Theory Blog“).

In news from the Microsoft class-action consumer antitrust trial in Des Moines: On Wednesday, The Des Moines Register reported that “Microsoft judge orders plaintiffs to supply files; The software maker says lawyers used tricky language as a shield.”

And on Tuesday, that newspaper contained an article headlined “Lawyer: Microsoft acts ‘fair’; Software maker’s attorney says plaintiffs’ team’s opening statements were ‘openly misleading.’” In addition, columnist Marc Hansen had an essay entitled “Maybe Gates deserves praise, not hate.”

The Associated Press is reporting: David Kravets reports that “Showdown Looms Over Domestic Spying.”

And in other news, “‘Fighting Sioux’ Lawsuit Delayed.”

“Does separation equal suffering? Some state inmates spend years in solitary; Critics say that is cruel and unusual.” This article will appear Sunday in The St. Petersburg Times.

“Cambridge courthouse workers can sue judge; Asbestos in building led to employees’ case”: The Boston Globe today contains an article that begins, “In a decision that a lawyer for Cambridge courthouse workers said bolsters their demands for asbestos protection, the Supreme Judicial Court ruled yesterday that employees can pursue a civil suit to ensure that their health is safeguarded during renovation of the problem-plagued 22-story building.”

You can access yesterday’s ruling of the Supreme Judicial Court of Massachusetts at this link.

“Rell Gets Help In Picking New Chief Justice”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “The scandal set in motion by former Chief Justice William J. Sullivan’s decision to withhold a controversial court ruling on behalf of a colleague followed its own unique path. So too, it seems, has the search for Sullivan’s successor.”

“N.C.’s ban on explicit dancing upheld”: The Associated Press provides this report. My earlier coverage appears here.

“Former Steeler’s Family Wins Disability Ruling”: The New York Times on Thursday contained this article reporting on a 35-page non-precedential ruling that the U.S. Court of Appeals for the Fourth Circuit issued on Wednesday.

“In New Jersey, Gay Couples Ponder Nuances of Measure to Allow Civil Unions”: This article appears today in The New York Times.

The Newark Star-Ledger reports today that “Some civil servants balk at performing civil unions; Mayors unsure of duties under pending law.”

And The Philadelphia Inquirer contains an article headlined “N.J. civil unions and insurance: The cost, not the semantics, is the focus to businesses, which would be required to pay health benefits for workers’ same-sex partners.”

“He Does Take This Woman. Now, About Her Last Name….” The New York Times today contains an article that begins, “If John Smith falls in love with Marie Bakalaka and wishes to become John Bakalaka, should that cost him money? Should his wishes come with so much grief? Wouldn’t his family be likely to give him enough of that? The American Civil Liberties Union filed a lawsuit in United States District Court here Friday asking for an overhaul of California laws that dictate the process of changing a name through marriage.”

And the ACLU of Southern California yesterday issued a press release entitled “Make California Marriage Law Equal for Husbands Who Take Their Wives’ Last Name; ACLU/SC Will Represent Couple Who Faced $300 Name-Change Fee.”

My earlier coverage appears at this link.

“Padilla’s mental health in question; Evaluation requested for al-Qaida suspect”: This article appears today in The South Florida Sun-Sentinel.

“Block That Branch: Why can Congress take cases away from the courts?” Emily Bazelon has this jurisprudence essay online at Slate.

“Ruling halts state method of execution; A judge says California’s injection procedure is cruel and unusual”: Henry Weinstein has this article today in The Los Angeles Times. A related graphic is here.

Today in The San Francisco Chronicle, Bob Egelko reports that “Judge issues ultimatum to state on executions; He sets 30-day deadline for officials to agree to change lethal injection — or he’ll declare it unconstitutional.”

In The San Jose Mercury News, Howard Mintz reports that “Fix needed to resume executions.” A related graphic is here.

The Sacramento Bee contains an article headlined “Judge: Rethink lethal injection; He says execution method can be fixed if the governor helps.”

The Washington Post contains a front page article headlined “Lethal Injection Is On Hold in 2 States; Florida Governor Suspends Executions; Judge Orders California to Alter Methods.”

And in The New York Times, Adam Liptak and Terry Aguayo report that “Florida Governor Halts the Death Penalty.”

We’re number two! Thanks to everyone who voted for “How Appealing” in the “Best Law Blog” category in The 2006 Weblog Awards. You can access the preliminary results at this link.

“How Appealing” achieved second place with 1483 votes, representing 19.75% of the votes cast in this category among ten finalists. The highly deserving first place winner is “The Volokh Conspiracy,” with 2399 votes, representing 31.95% of all votes cast in the category.

“Military Taking a Tougher Line With Detainees”: This article will appear Saturday in The New York Times.

Splintered three-judge Fifth Circuit panel holds that Tangipahoa Parish School Board cannot open its meetings using any of four specified prayers: Today’s decision consists of separate opinions from each of the three judges on the panel. At first blush, this case appears to be a likely candidate for rehearing en banc.

Alcohol, nude dancing, simulated sexual acts, and fondling of sexual organs: A North Carolina statute provides that those things shouldn’t mix, at least on the premises of a business licenced to serve alcohol by the North Carolina Alcoholic Beverage Control Commission. Today a unanimous three-judge Fourth Circuit panel holds that the North Carolina law passes muster under the federal constitution. You can access today’s ruling at this link.

Fourth Circuit holds that public school board’s policy of unfettered discretion concerning whether to waive fees for religious club meetings held in school buildings presents such a risk of viewpoint discrimination as to run afoul of the First Amendment: A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this ruling today. The decision, written by Circuit Judge J. Harvie Wilkinson III, reverses a federal district court’s decision finding that the challenged policy, while vague enough to allow school administrators to violate the First Amendment by treating speakers differently based upon their views, presented no constitutional problem because the school district had not in fact engaged in viewpoint discrimination.

Access online the audio from the recent Yale Federalist Society blogging panel: If you didn’t get to see me, Glenn Reynolds, and Jack Balkin at our joint appearance in New Haven on December 5th, you can listen to the festivities via audio files accessible here.