“Court Vacates Term of Algerian in Bomb Plot”: The New York Times on Wednesday will contain an article that begins, “A federal appeals court on Tuesday vacated the 2005 sentence of an Algerian man convicted of plotting to bomb Los Angeles International Airport.”
My earlier coverage appears at this link.
“Justices Decline to Take Up New Eminent Domain Case”: Linda Greenhouse will have this article Wednesday in The New York Times. Wednesday’s newspaper will also contain an article headlined “Issues Left Unresolved on Pensions.”
And The Washington Post on Wednesday will report that “Appeal of Pollution Limits Rejected; Supreme Court’s Action Allows Daily Cap on Contaminants.”
The Associated Press is reporting: Now available online are articles headlined “Bush Shifts Nominee for Appeals Court” and “Gonzales Discusses Attorney Vacancies.”
“Lewis Libby Trial Moves Ahead with Jury Process”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening’s broadcast of NPR‘s “All Things Considered.”
Say hello to the next Ninth Circuit Judge from Idaho: The White House today withdrew its nomination of N. Randy Smith for the vacancy created when Stephen S. Trott took senior status, sent to the U.S. Senate just one week ago today, and then immediately nominated N. Randy Smith for the vacancy created when Thomas G. Nelson took senior status. This circumvents, at least for now, the question whether Judge Trott’s vacancy should go to a nominee from Idaho or California.
Once confirmed, this nominee would become the second Circuit Judge Smith currently serving on the Ninth Circuit and the fifth Circuit Judge Smith currently serving on the U.S. Courts of Appeals. The official biographies of the other four, in order of their arrivals on the federal appellate bench, can be accessed here, here, here, and here.
“Court will not hear nuclear plant threat case”: Reuters provides a report that begins, “The Supreme Court refused on Tuesday to decide whether a potential terrorist attack must be considered as part of a U.S. government agency’s environmental review of a nuclear power plant’s expansion plans.”
“Writing About the Law: From Bluebook to Blogs and Beyond.” This event (featuring an interesting group of speakers) is scheduled to take place at New York Law School on Friday, February 16, 2007. Registration is required, but the event is being offered free of charge.
“Free-speech dispute settled; High schooler told to stop passing out anti-abortion fliers during classes”: This article appears today in The Pittsburgh Post-Gazette.
And The Tribune-Democrat of Johnstown, Pennsylvania reports today that “Student wins right to hand out pro-life fliers at school.”
“Terror suspect was terrorized in a Navy brig”: Columnist Fred Grimm has this op-ed today in The Miami Herald.
“High court needs more trust, not more rules; Good manners, not official rule, should govern private discussions”: The Detroit News today contains an editorial that begins, “The Michigan Supreme Court will hold a hearing tomorrow on whether it should adopt a rule that could carry a punishment for justices who reveal confidential internal court discussions and material. The proposed rule stems from a spectacularly bitter feud between one of the justices and some of her colleagues.”
North Carolina state appellate court reinstates ACLU’s lawsuit seeking declaration that the requirement to use the “Holy Scriptures” for oaths also includes the Quran, the Old Testament, and the Bhagavad-Gita: You can access today’s ruling of the Court of Appeals of North Carolina at this link.
And The Associated Press reports that “Appeals Court Moves Quran Lawsuit Ahead.”
“Libel lawsuit appeal in works”: The Kane County (Ill.) Chronicle today contains an article that begins, “Lawyers for the Kane County Chronicle have taken the first step toward an appeal of a $7 million libel judgment against the newspaper for columns about Illinois Supreme Court Chief Justice Robert Thomas.”
And The Beacon News of Aurora, Illinois reports today that “Newspaper files appeal of $7 million libel verdict; Award to Supreme Court justice could be largest ever in state.”
If the award is ever collected, there’s at least one Chief Justice whose pay raise request won’t be well-taken.
“Hershey alumni hope to reargue case”: The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, “The Milton Hershey School Alumni Association has applied to the state Supreme Court for the right to reargue for the power to challenge the school’s operations, claiming a recent court decision ignored a ‘special interest’ test.”
My earlier coverage appears at this link.
“Insurance Firms Targeted in Credit Case”: The Associated Press provides a report that begins, “Several Supreme Court justices seemed taken aback Tuesday at the idea that insurance companies might be required to notify tens of millions of customers they aren’t getting the best rates because of their credit reports.”
The transcript of today’s U.S. Supreme Court oral argument in Safeco Ins. Co. of America v. Burr, No. 06-84, can be accessed at this link.
You can also now access online at this link today’s oral argument transcript in Travelers Casualty and Surety Co. of America v. Pacific Gas & Elec. Co., No. 05-1429.
Ninth Circuit issues precedential opinion written by Retired Justice Sandra Day O’Connor: You can access today’s decision, on behalf of a unanimous three-judge panel, at this link.
The Associated Press is reporting: Now available online are articles headlined “Court Won’t Hear Eminent Domain Case“; “Supreme Court Won’t Hear Police Dog Case“; and “Gonzales: Challenges Slowing Gitmo Cases.”
“Capital cases 1/17/06: Broad or narrow review?” Lyle Denniston has this post at “SCOTUSblog.”
“Sniping Dominates Mich. High Court”: David Eggert of The Associated Press provides a report that begins, “The notion of black-robed judges as symbols of decorum and civility seems almost laughable these days in Michigan. Justices on the Michigan Supreme Court have been fallen into sniping and name-calling and traded accusations of unprofessional conduct. One justice referred to another as a ‘very angry, sad woman’ and suggested she go on a hunger strike for everyone else’s benefit.”
My earlier coverage can be accessed via this link.
“Court Nixes Sentence of Man in Bomb Plot”: David Kravets of The Associated Press provides a report that begins, “A federal appeals court on Tuesday threw out the sentence of a man who was convicted of plotting to bomb Los Angeles International Airport at the turn of the millennium.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit in United States v. Ressam at this link.
Avoiding United States income tax is no reason to live in Antarctica: The U.S. Court of Appeals for the Seventh Circuit today issued a decision holding that “Antarctica is not a ‘foreign country'” for purposes of a tax law excluding income earned in a foreign country.
“Mahoney Calls ‘Heads,’ Wins An Argument”: This post appears today at WSJ.com’s “Law Blog.”
“Court Orders Review of Vioxx Class Suit”: The Associated Press provides a report that begins, “A New Jersey appellate court panel on Tuesday opened the door to a potential class action lawsuit against Merck & Co. on behalf of people who took its now-withdrawn painkiller Vioxx and want the company to pay for tests to detect possible heart ailments.”
You can access today’s ruling of the Superior Court of New Jersey’s Appellate Division at this link.
“Wages for judges decried; Chief justice says the judiciary is facing a quality crisis over pay”: This article appears today in The Deseret Morning News.
And The Salt Lake Tribune reports today that “Chief justice says pay raise needed to recruit new judges.”
This week’s installment of my “On Appeal” column for law.com is headlined “Judicial Pay: Too Much, Too Little or Just Right?”
“Crossbow attack shocks judiciary”: The Korea Herald provides a report that begins, “A former professor’s attack on a judge with a crossbow Monday sent shock waves through judicial circles and prompted calls for measures to safeguard the safety of judges.”
“An op-ed by Professor Charles Fried discusses legal representation in America”: Harvard Law School’s web site provides free access at this link to Law Professor Charles Fried‘s op-ed “Mr. Stimson and the American Way” published today in The Wall Street Journal. The op-ed begins, “Defense Department official Charles Stimson showed ignorance and malice in deploring the pro bono representation of Guantanamo detainees by lawyers in some of the nation’s leading law firms, and in calling on their corporate clients to punish them for this work.”
“Break-In at Pa. Supreme Court Office in City Hall”: Philadelphia’s KYW Newsradio 1060 provides this written report.
“UT law professors to argue before U.S. Supreme Court Wed.; Capital Punishment Clinic offers students real-life court experience”: This article appears today in The Daily Texan.
“CJ Roberts and sentencing law: the virtues (and vices?) of consensus.” Doug Berman has this post at “Sentencing Law and Policy.”
And at “Balkinization,” Sandy Levinson has a post titled “John Roberts and an ‘Institutionalist’ Court.”
Both posts focus on Jeffrey Rosen’s article headlined “Roberts’ Rules: In an exclusive interview, Chief Justice John Roberts says that if the Supreme Court is to maintain legitimacy, its justices must start acting more like colleagues and less like prima donnas” in the January/February 2007 issue of The Atlantic Monthly.
“Court Blocks Widow From Collecting $5M”: The Associated Press provides this report.
Greg Stohr of Bloomberg News reports that “IBM Fights Off Pension Plan Appeal, Avoids $1 Billion Payment.”
And Reuters reports that “U.S. top court won’t review IBM pension bias case.”
Access online today’s statements from U.S. Supreme Court Justices regarding the granting or denying of certiorari: Justice John Paul Stevens issued a statement respecting the denial of the petition for writ of certiorari in Joseph v. United States, No. 06-5590.
Justice Antonin Scalia issued a statement respecting the denial of the petition for writ of certiorari in United States v. Omer, No. 05-1101.
And Justice Ruth Bader Ginsburg issued an opinion concurring in the Court’s GVR issued in Haas v. Quest Recovery Services, Inc., No. 06-263.
“Brennan Biography Moving Forward Again”: Legal Times is now providing free access to this week’s installment of Tony Mauro’s “Courtside” column.
Available online from SSRN: John O. McGinnis and Michael B. Rappaport have an essay entitled “A Pragmatic Defense of Originalism” (abstract with links for download).
In addition, Robert J. Delahunty and John C. Yoo have an article entitled “Executive Power v. International Law” (abstract with link for download).
Thanks to the “Legal Theory Blog” for the pointers (here and here).
In judicial nomination-related editorials: The Sacramento Bee today contains an editorial entitled “More judicial mischief: Idaho gets a judicial seat it doesn’t need.”
And The News & Observer of Raleigh, North Carolina today contains an editorial entitled “Unfair to Boyle: Federal Judge Terrence Boyle was qualified to serve on a higher court; He was a victim of political expedience.”
Today’s U.S. Supreme Court Order List: You can access it online at this link.
“Insurers, Consumers Clash at U.S. Supreme Court on Credit Data”: Greg Stohr of Bloomberg News provides this report.