Eighth Circuit grants rehearing en banc to reconsider preliminary injunction prohibiting enforcement of measures enacted in 2005 revising South Dakota’s law on informed consent to abortion: I have uploaded at this link a copy of today’s order of the U.S. Court of Appeals for the Eighth Circuit.
Today’s order vacates the decision a divided three-judge Eighth Circuit panel issued on October 30, 2006 affirming the preliminary injunction. My earlier coverage of that ruling can be accessed here, while I collected press coverage of that ruling at this link.
“Bush Judicial Nominees Withdraw”: The Associated Press provides a report that begins, “In a concession to the Senate’s new Democratic majority, four of President Bush’s appeals court appointees have asked to have their nominations withdrawn, Republican officials said Tuesday. These officials said that William Haynes, William Myers and Terrence Boyle had all decided to abandon their quest for confirmation. Another nominee, Mike Wallace, let it be known last month that he, too, had asked Bush to withdraw his nomination.”
“Shouldn’t SCOTUS have just DIG’d Burton?” Law Professor Doug Berman has this post at the “Sentencing Law and Policy” blog. I think the short answer is that today’s per curiam opinion recognizes that neither of the lower courts possessed jurisdiction to rule on the case, whereas a dismissal as improvidently granted would have permitted the lower court rulings to remain in effect.
Today’s U.S. Supreme Court opinions in argued cases: The Court has itself now posted these decisions online.
The opinion in MedImmune, Inc. v. Genentech, Inc., No. 05-608, can be accessed here. Justice Antonin Scalia delivered the opinion of the Court, from which Justice Clarence Thomas dissented. The oral argument transcript is here.
The opinion in United States v. Resendiz-Ponce, No. 05-998, can be accessed here. Justice John Paul Stevens delivered the opinion of the Court, from which Justice Scalia dissented. The oral argument transcript is here.
And the unanimous per curiam opinion in Burton v. Stewart, No. 05-9222, can be accessed here. The oral argument transcript is here.
If you want to ship a package worth more than $50,000, United Parcel Service says take your business elsewhere: An especially valuable diamond ring lost in transit and the resulting denied insurance claim against UPS (even though the shipper purchased the maximum available insurance of $50,000) are the subject of this interesting opinion that the U.S. Court of Appeals for the Seventh Circuit issued today.
Former trainer of the Polish boxer Andrew Golota can experience ecstasy as Seventh Circuit reverses his conviction on federal charges of conspiring to sell Ecstasy: Circuit Judge Richard A. Posner today issued this opinion on behalf of a unanimous three-judge panel.
“US high court sides with MedImmune in patent ruling”: Reuters provides this report.
“Court Upholds Conviction in Border Bust”: The Associated Press provides this report.
And The AP also reports that “Court Rules in Favor of MedImmune” and “Court Refuses to Shorten Rapist’s Term.”
“Court rules on patent case”: Lyle Denniston has this post at “SCOTUSblog.” Oral argument in MedImmune, Inc. v. Genentech, Inc., No. 05-608, occurred on October 4, 2006, and you can access the oral argument transcript by clicking here.
According to Lyle’s post, the Court today also announced its ruling in United States v. Resendiz-Ponce, No. 05-998. Oral argument in that case occurred on October 10, 2006, and you can access the transcript here.
Today’s third and final ruling was a per curiam decision in Burton v. Stewart, No. 05-9222. That case was orally argued on November 7, 2006, and the transcript can be accessed here.
Update: “SCOTUSblog” provides access to today’s opinions via this link.
Second update: At 11:40 a.m. eastern time, The Associated Press has made today’s opinions available online via this link. Thus, for approximately fifty minutes this morning, the only place the Court’s opinions issued today were freely available to the public was at a law blog.
“Student sues principal for censorship; Eighth-grader protesting abortion claims freedom of speech was violated”: This article appears today in The Times Union of Albany, New York.
“What Has Happened to Slate‘s Report on the Brennan Memos?” Law Professor Rick Hasen has this post at his “Election Law” blog. Rick notes that despite Slate’s apparent attempt to “unpublish” the jurisprudence essay that I initially noted here yesterday, the essay remains available via Google cache.
“Prosecutors call mental health claims by Padilla’s lawyers a ‘sideshow'”: This article appears today in The South Florida Sun-Sentinel.
And The Associated Press reports that “Terror Suspect Wants Statements Withheld.”
“Gang case defense can’t get witness list”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Federal prosecutors in the death penalty trial of alleged members of a violent San Francisco gang don’t have to give defense lawyers police reports that identify witnesses before the trial, a federal appeals court ruled Monday.”
You can access at this link yesterday’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
“Bush Picks Reagan White House Counsel Fielding to Succeed Miers”: This article appears today in The Washington Post.
The New York Times reports today that “Reagan Lawyer Ready to Return to White House.”
The Los Angeles Times reports that “Bush turns to capital insider; An advisor to past presidents is chosen for White House counsel.”
And The Wall Street Journal contains an editorial entitled “Fielding Subpoenas: Bush recruits an expert on Presidential power.”
“Justice Dept. undercut its own case, Chronicle argues”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The Chronicle told a federal appeals court Monday that a secret government filing in support of fines against the newspaper and prison sentences for two of its reporters actually undermines prosecutors’ case against the journalists for refusing to disclose the sources of grand jury leaks about athletes and steroids.”
“Hamas case jury hears final arguments; U.S. lawyer tells case on Bridgeview man”: The Chicago Tribune contains this article today.
“Truck driver’s fate in hands of jurors; Only defendant to face death in smuggling case awaits sentencing”: This article appears today in The Houston Chronicle.
And The Associated Press reports that “Texas Jury Set to Weigh Smuggling Deaths.”
“High court won’t block terror trial; Seven who raised funds for an outlawed Iranian group argued that their support was free speech”: David G. Savage has this article today in The Los Angeles Times.
And today in The San Francisco Chronicle, Bob Egelko reports that “Supreme Court rejects ID challenge.”
“Costs of Inmates’ Calls Cut”: This article appears today in The New York Sun.
“Anheuser-Busch and Czech brewer settle longtime dispute”: The St. Louis Post-Dispatch today contains an article that begins, “Anheuser-Busch Cos. and Czech brewer Budejovicky Budvar have set aside nearly a century of trademark disputes to reach a deal allowing the St. Louis company to import Budvar’s Czechvar Premium Czech Lager into the United States.”
And The Associated Press reports that “Anheuser-Busch, Czech Brewer Strike Deal.”
A press release issued yesterday carries the headline “Anheuser-Busch and Czech Brewer Budejovicky Budvar Form Historic Alliance in U.S. Market; Czechvar Beer to Gain Access to Anheuser-Busch’s Marketing, Sales Resources and Wholesaler Network.”
“Married or Not, Gay Couple Are Ruled Legally Separated”: The New York Times today contains an article that begins, “A gay couple may have been mistaken in thinking they were legally married, but they still have to honor the terms of their separation agreement, which is the equivalent of any other type of contract, a judge in New York City has ruled.”
“Senate Restores Pay Raise for Judges”: The Associated Press provides this report.
“Nation’s highest court hears Guam bond case, Justices question whether 90-day limit for appeals exceeded”: The Pacific Daily News of Guam provides this update.
“Who’s the Kangaroo Court Now? A California Judge’s Insult to the Court of Appeal, and What the Underlying Case Reveals.” Shaun Martin has this essay online at FindLaw.
“Supreme Court Refuses Case Challenging Group’s Designation as Terrorists”: Linda Greenhouse will have this article Tuesday in The New York Times.
And Tuesday in USA Today, Joan Biskupic will report that “Court challenge of ID requirement fails.”
“Judges Look to New Congress for Changes in Mandatory Sentencing Laws”: This article will appear Tuesday in The New York Times.
Available online from law.com: Tony Mauro reports that “Judicial Salaries at Top of Court Administrator’s Agenda; In first interview since starting job, Administrative Office of the U.S. Courts director notes challenges facing judiciary.”
Marcia Coyle reports that “Unions’ Use of Fees Up for Review by Supreme Court.”
And an article asks “Will Departing White House Counsel Miers Return to Locke Liddell?”
Fifth Circuit becomes more efficient, vacates declaration of its own judicial emergency: The Chief Judge of the U.S. Court of Appeals for the Fifth Circuit issued this order today.
“EchoStar Rejected by U.S. Supreme Court on Network Programming”: Greg Stohr of Bloomberg News provides this report.
“Michigan Supreme Court Justice Dissents from the Re-Election of a Chief Justice”: At “The Volokh Conspiracy,” Eugene Volokh has this post noting that The Traverse City Record-Eagle has now put online at this link the unusual dissent in question.
My earlier coverage appears here.
“Fielding Picked for White House Counsel”: The Associated Press provides this report.
And Reuters reports that “Bush picks Fred Fielding as White House counsel.”
“Supreme Court Hears Garbage Fees Case”: The Associated Press provides this report.
Thus far today, the U.S. Supreme Court has posted online today’s oral argument transcript in Limtiaco v. Camacho, No. 06-116, a case involving Guam bonds along with some interesting jurisdictional questions.
Update: The transcript of today’s oral argument in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345, can be accessed here.
“The Brennan Memos: Brennan on Burger.” Jim Newton has this jurisprudence essay online at Slate.
Update: As of 6 p.m. eastern time, Slate appears to have removed the text of this piece.
“Kan. AG Worried About Abortion Case File”: The Associated Press provides this report.
“New Jersey Could Kill the Death Penalty”: Patrick Mulvaney will have this essay in the January 22, 2007 issue of The Nation.
