“Court Endorses Law’s Curbs on Detainees”: The New York Times on Wednesday will contain an article that begins, “A divided federal appeals court on Tuesday upheld a new law stripping federal judges of authority to review foreign prisoners’ challenges to their detention at Guantanamo Bay, Cuba.”
The Washington Post on Wednesday will contain a front page article headlined “Guantanamo Detainees Lose Appeal; Habeas Corpus Case May Go to High Court.”
Carol Rosenberg of The Miami Herald provides a news update headlined “Guantanamo captives can’t sue in U.S. courts.”
Wednesday’s edition of The Guardian (UK) reports that “Guantanamo inmates refused day in court; Federal court denial ‘not unconstitutional’; Dissenting judge says law contradicts habeas corpus.”
And Financial Times provides a report headlined “Court blow for Guantanamo prisoners.”
“Justices Overturn $79.5 Million Tobacco Ruling”: Linda Greenhouse will have this article Wednesday in The New York Times.
Wednesday in The Washington Post, Robert Barnes will have a front page article headlined “Justices Overturn Tobacco Award; $80 Million Penalty Is Called Excessive.”
And Patti Waldmeir and Chris Bowe of Financial Times provide a news update headlined “US ruling puts new limits on punitive damages.”
“Michael Moore Wins a New Court Round”: The Associated Press provides a report that begins, “Michael Moore won a round Tuesday in a court battle with the brother of Oklahoma City bombing conspirator Terry Nichols, but the plaintiff’s lawyer said she is considering whether to take the case to the Supreme Court.”
My earlier coverage of today’s Sixth Circuit ruling can be accessed here.
“High Court Rejects $79.5 Million Tobacco Ruling”: Linda Greenhouse of The New York Times provides this news update.
And Joan Biskupic of USA Today provides a news update headlined “Supreme Court tosses $79.5 million verdict against cigarette company.”
On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained audio segments entitled “Court Upholds Military Court for Detainees” and “Final Arguments Made in Libby Perjury Case” (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.
“Supreme Court voids $79.5 million award in a tobacco suit”: Stephen Henderson of McClatchy Newspapers provides this report.
“Human Like Me?: The New Jersey Supreme Court case that could define the fetus.” Emily Bazelon has this jurisprudence essay online at Slate.
“Court Backs White House on Detainees”: The New York Times provides this news update.
“Court Preparations Slow Detainee Trials”: The Associated Press provides this report.
In Wednesday’s issue of The Christian Science Monitor: Warren Richey will have an article headlined “Supreme Court puts new rules on damage awards; In a smoking suit, a jury wrongly punished Big Tobacco for injuries to nonlitigants, the justices ruled.”
And Warren Richey and Linda Feldmann will have an article headlined “No federal court for Guantanamo detainees; In a major victory for Bush, an appeals court upheld a 2006 law restricting detainees’ access to US courts.”
Access online the transcript of today’s U.S. Supreme Court oral argument in Claiborne v. United States, No. 06-5618: You can access the transcript in the second of two important U.S. Sentencing Guidelines cases argued today at this link.
“Appellate panel urged to give Ryan a new trial”: The Chicago Tribune provides a news update that begins, “Following an hour of oral arguments this morning, a three-judge federal appeals panel took under advisement a defense motion for a new trial for former Gov. George Ryan and his convicted co-defendant, Larry Warner.”
And The Associated Press reports that “Ryan lawyers say jury turmoil made fair verdict impossible.”
The appeal was argued today before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit consisting of Circuit Judges Daniel A. Manion, Michael S. Kanne, and Diane P. Wood.
“Appeals Court Denies Detainee Challenges”: law.com’s T.R. Goldman provides this news update.
Recent posts of note at the “LawBeat” blog: Finally a blog that seeks to critique legal journalism. A post bearing yesterday’s date is titled “Late (but not last) word on ‘Supreme Conflict.’”
And a post dated today begins, “Robert Barnes does something remarkable for a beat reporter: He steps outside the bubble in his story today.”
“High Court Rejects Award in Philip Morris Case”: law.com’s Tony Mauro provides this news update.
“Supreme Court Reverses Tobacco Liability Award”: This audio segment (RealPlayer required) featuring Law Professor Rick Hasen (who knows a thing or two about remedies in addition to election law) appeared on today’s broadcast of NPR‘s “Day to Day.”
“Leak Lawyers Close on Credibility Issue”: The Associated Press provides this report.
And The Washington Post provides a news update headlined “Libby’s Claims ‘Not Credible,’ Prosecutors Say.”
“Guantanamo Detainees Can’t Challenge Their Cases in U.S. Courts, Appellate Panel Rules”: The Washington Post provides this news update.
The Los Angeles Times provides a news update headlined “Guantanamo challenges rejected.”
Today’s broadcast of NPR‘s “Morning Edition” contained an audio segment entitled “Court: Detainees Can’t Challenge Detentions” (RealPlayer required).
And at “Balkinization,” Marty Lederman has a post titled “Initial Thoughts on Boumediene.”
“Justices overturn award against tobacco company”: David G. Savage of The Los Angeles Times provides this news update.
And Robert Barnes and Howard Schneider of The Washington Post provide a news update headlined “Supreme Court Nixes Award Against Philip Morris.”
Access online the transcript of today’s U.S. Supreme Court oral argument in Rita v. United States, No. 06-5754: You can access the transcript in this important U.S. Sentencing Guidelines case at this link.
“Judicial Retirement Strategy”: Columnist Kenneth Jost has this essay in the current issue of CQ Weekly.
“Supreme Court Denies Cert. in Coltec & Dow Chemical Tax Shelter Cases”: “TaxProf Blog” provides this report.
“High Court Limits Antitrust Suits in Weyerhaeuser Win”: Greg Stohr of Bloomberg News provides this report.
The Associated Press reports that “Court Tosses Award Against Weyerhaeuser.”
And Reuters provides reports headlined “Court won’t hear challenge to state cigarette fee” and “U.S. Supreme Court likely to hear muni tax case: panel.”
Today’s rulings of note from the U.S. Court of Appeals for the Seventh Circuit: The “gifties” versus “tards” T-shirt dispute today produces an opinion written by Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel. Here’s a passage from the ruling (citations omitted):
Of course there can be speech printed on clothing, political symbols such as a swastika or a campaign button affixed to clothing, and masks and costumes that convey a political or other message. Merely wearing clothes inappropriate to a particular occasion could be a political statement. For that matter, parading in public wearing no clothing at all can, depending on the circumstances, convey a political message. But the picture and the few words imprinted on the Brandt T-shirt are no more expressive of an idea or opinion that the First Amendment might be thought to protect than a young child’s talentless infantile drawing which Brandt’s design successfully mimics. Otherwise every T-shirt that was not all white with no design or words, with not even the manufacturer’s logo or the owner’s name tag, would be protected by the First Amendment, and schools could not impose dress codes or require uniforms without violating the free speech of the students, a proposition sensibly rejected in the Blau case.
Today’s ruling affirms the entry of summary judgment against the “gifties.” My earlier coverage of this case can be accessed here.
And in another decision of note issued today, Judge Posner has written an opinion on behalf of a unanimous three-judge panel affirming the entry of summary judgment against a woman who sued the owner of the hotel in Washington, DC where she was raped. At the time of the crime, the woman was a guest at the hotel, as was the perpetrator of the crime. The opinion contains a very interesting discussion of an inkeeper’s duties to keep the guests safe from crime.
“Court Rules Against Death Row Inmate”: The Associated Press provides a report that begins, “The Supreme Court ruled Tuesday that a Florida death row prisoner lost an opportunity to challenge his conviction in the federal court system because he missed a one-year filing deadline.”
“Court tosses punitive damages against Big Tobacco”: Bill Mears provides this report at CNN.com.
Greg Stohr of Bloomberg News reports that “Supreme Court Limits Punitive Awards, Backs Altria.”
And Reuters reports that “Court sets aside award in Philip Morris case.”
“Court to Review N.Y. Judgeship Process”: The Associated Press provides a report that begins, “The Supreme Court on Tuesday agreed to review whether New York state’s method of picking trial judges violates the Constitution by giving too much power to political bosses.”
Access online today’s U.S. Supreme Court ruling in Lawrence v. Florida, No. 05-8820: The Court has posted online today’s other 5-4 ruling at this link.
Justice Clarence Thomas issued the opinion of the Court, in which the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Samuel A. Alito, Jr. joined. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined.
Access online today’s U.S. Supreme Court Order List: If you make it past more than 35 pages of GVR’s based on Cunningham v. California, you’ll see that the Court today granted review in two new cases and called for the views of the Solicitor General in one case. The Order List can be accessed here.
“Court: Detainees Can’t Challenge Cases.” The Associated Press provides this report. My earlier coverage appears at this link.
Access online today’s U.S. Supreme Court ruling in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381: The Court has posted the decision online at this link.
Access online today’s ruling of the Supreme Court of the United States in Philip Morris USA v. Williams, No. 05-1256: The Court has posted the decision online at this link.
Joining in Justice Stephen G. Breyer’s majority opinion were the Chief Justice and Justices Anthony M. Kennedy, David H. Souter, and Samuel A. Alito, Jr. Dissenting were Justices John Paul Stevens, Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg.
“Court Nixes Award Against Philip Morris”: The Associated Press provides this report.
According to The AP’s report, “The 5-4 ruling was a victory for Altria Group Inc.’s Philip Morris USA, which contested an Oregon Supreme Court decision upholding the verdict. In the majority opinion written by Justice Stephen Breyer, the court said the verdict could not stand because the jury in the case was not instructed that it could punish Philip Morris only for the harm done to the plaintiff, not to other smokers whose cases were not before it.”
“Do federal courts have jurisdiction over petitions for writs of habeas corpus filed by aliens captured abroad and detained as enemy combatants at the Guantanamo Bay Naval Base in Cuba?” So begins today’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
The majority, in an opinion written by Circuit Judge A. Raymond Randolph and joined in by Circuit Judge David B. Sentelle, holds that jurisdiction is lacking. Circuit Judge Judith W. Rogers has issued a lengthy dissenting opinion.
“Court limits punitive damages”: Lyle Denniston has this post at “SCOTUSblog.”
