“Fate of Detainees Now With Appeals Court”: The Associated Press provides a report that begins, “Bush administration lawyers underwent intense questioning Tuesday in a federal appeals court where attorneys for detainees at Guantanamo Bay pleaded on behalf of prisoners who have been held for years. Judges Judith Rogers and Douglas Ginsburg expressed skepticism about government assurances that the appeals court will receive all the evidence it needs to evaluate the detainees’ status as enemy combatants.” The third member of the D.C. Circuit panel that heard oral argument in the Guantanamo detainee case today is Circuit Judge Karen LeCraft Henderson.
And at “The BLT: The Blog of Legal Times,” Emma Schwartz has a post titled “The Latest Guantanamo Debate.”
“School district must release porn”: From Wisconsin, The Associated Press provides a report that begins, “Pornographic material a Cedarburg teacher viewed on his school computer is public record, the state Supreme Court ruled Tuesday. The Cedarburg School District must hand over a collection of pornographic images a teacher allegedly viewed on his school computer to the Milwaukee Journal Sentinel newspaper, the Supreme Court said in affirming a decision by Ozaukee County Circuit Judge Paul Malloy.”
In earlier coverage of the case, The Milwaukee Journal Sentinel in March 2007 published an article headlined “Justices hear adult-images case; Access would shed light on teacher’s firing, newspaper says.” Plenty of additional, related articles can be accessed via the right-hand column of that web page.
You can access today’s ruling of the Supreme Court of Wisconsin in both HTML and PDF formats.
“State challenges federal mileage standards for SUVs”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The state of California and environmental groups challenged the Bush administration’s gas mileage standards for light trucks and SUVs on Monday, telling a federal appeals court that the government ignored the effects of gas-guzzling vehicles on global warming and caved in to the auto industry.”
You can access the audio of yesterday’s Ninth Circuit oral argument via this link (Windows Media Player required; 9.35MB audio file).
“Pakistan Chief Justice Challenges Ouster”: The Associated Press provides this report.
“Supreme Court Justice Ruth Bader Ginsburg poses for photographs before the University of Pennsylvania Commencement ceremony in Philadelphia”: The Associated Press provides this photo.
“More Polarizing Than Rehnquist: Chief Justice John Roberts won Senate confirmation by vowing to shun ideological activism; Instead, by trashing judicial precedent and legislative statutes, he’s reshaping law to fit conservative dogma.” Simon Lazarus has this essay online at The American Prospect.
“Gone-zales? There may be a good reason Bush hangs on to his attorney general.” Tod Lindberg has this essay in the May 21, 2007 issue of The Weekly Standard.
“Vision Problems: The Supreme Court’s most innovative justice (it’s not who you think).” Online today at The New Republic, Law Professor Cass R. Sunstein has this essay.
“Two for the Price of One: The presidency and the judiciary.” At National Review Online, Theodore B. Olson has an essay that begins, “A powerful case can be made that the most important and lasting decision a president can make is the selection of a Supreme Court justice.”
“Deputy Attorney General McNulty Resigns”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR’s “Morning Edition.”
In case involving First Union National Bank’s violations of the Fair Credit Reporting Act, Sixth Circuit holds that 1-to-1 ratio of punitive to compensatory damages is maximum federal due process will allow: And because the compensatory damages total $400,000, the district court’s original award of $2,628,600 in punitive damages must likewise be reduced to $400,000. Today’s ruling speaks of the result as involving a remittitur, but it is not clear that the plaintiff under today’s ruling will have the ability, instead, to opt for a new trial, which is a central feature of an actual remittitur.
He shot a DVD, literally: And, as a result, he was fired from his job as a unionized airline pilot. After the union grieved the termination, an arbitration panel ordered the pilot reinstated to his job. Today, in an opinion that you can access here, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit upholds the reinstatement and rejects the airline’s argument that the reinstatement violates public policy.
“Landis Takes Doping Case to Court, Hoping to Keep Title”: This article appears today in The New York Times.
And The Los Angeles Times today contains an article headlined “Landis’ defense on attack; As hearing opens, the 2006 Tour winner’s team spars with anti-doping officials over lab tests.”
“Supreme Court orders review of award in Ford rollover case; At issue is a $55-million punitive verdict against the automaker”: David G. Savage has this article today in The Los Angeles Times.
Today in The San Francisco Chronicle, Bob Egelko reports that “$55 million SUV rollover award sent to appeals court for review.”
And The San Diego Union-Tribune reports that “Rollover Ford case sent back for review; High court orders further hearings.”
“Supreme Court restores death sentence for two-time murderer; The man had told a judge in his Arizona case ‘if you want to give me the death penalty, bring it right on’; He later appealed”: David G. Savage has this article today in The Los Angeles Times.
And The Arizona Republic reports today that “Killer’s final appeal is denied; Supreme Court rejects hearing, paving the way for execution of inmate for stabbing, strangling.”
“No. 2 at Justice Department resigns; Paul J. McNulty is the highest ranking person to quit in the scandal over the firing of U.S. attorneys; Democrats renew calls for Gonzales to leave”: This article appears today in The Los Angeles Times.
The Chicago Tribune reports today that “Resignation deals blow to Gonzales; No. 2 official in department to quit.” The newspaper also contains an editorial entitled “More stonewalling at Justice.”
USA Today reports that “Gonzales’ deputy attorney general to step down; Had testified 7 of 8 prosecutors fired for performance.”
And The Washington Times reports that “No. 2 Justice official McNulty quits over firings.”
“Navy lawyer admits revealing names of Gitmo detainees”: The Virginian-Pilot contains this article today.
“Al-Qaeda Cited Often As Padilla’s Trial Opens; Prosecutors Say Suspect Formed ‘Support Cell’ With Ties to Group”: This article appears today in The Washington Post.
The Los Angeles Times reports today that “Padilla trial is shaded by the specter of Al Qaeda; Prosecutors name the terrorist group scores of times in opening arguments; They’re fear-mongering, the defense says.”
The Miami Herald today contains an article headlined “2 views of ‘jihad’ offered at Padilla trial; At Jose Padilla’s terror trial, prosecutors portrayed a South Florida cell as a supporter of al Qaeda, while the defense said it was only backing freedom fighters for Muslims.”
The South Florida Sun-Sentinel reports that “Long-awaited trial finally opens for Padilla, accused terror cell members.”
The Washington Times reports that “Prosecutors paint Padilla backing ‘violent jihad.’”
And USA Today contains an article headlined “Prosecution: Padilla helped terrorists overseas.”
“Terror inmates endure solitary routine; With most detainees living in windowless, steel and cement cells, life at the prison camps at Guantanamo has turned into a lockdown routine”: Carol Rosenberg has this article today in The Miami Herald.
“Arguing Over A Word: Supreme Court Justices Hear Arguments On Whether State Must Allow Marriage For Same-Sex Couples, Not Just Civil Unions.” Lynne Tuohy has this article today in The Hartford Courant.
And The Boston Globe reports today that “Conn. high court hears same-sex marriage case.”
The Courant has posted online the audio of yesterday’s oral argument in three parts: part one; part two; and part three.
“Bush calls for rules to reduce emissions; In reversal, orders EPA to target climate change”: The Boston Globe today contains an article that begins, “Spurred by a Supreme Court ruling, President Bush yesterday ordered the Environmental Protection Agency and three other federal departments to write new regulations to reduce greenhouse gas emissions from automobiles and trucks, reversing his position that the federal government lacks the authority to mandate changes to curb one of the chief causes of global warming.”
The Associated Press is reporting: Now available online are articles headlined “Fate of Detainees Now With Appeals Court“; “Lawmaker to Challenge FBI Raid“; and “Pakistan Court Mulls Justice’s Fate.”
“Bench battle resumes over new nominee”: The Hill today contains an article that begins, “Senate partisans are preparing to battle over a nominee to the second-most powerful court in the country, threatening to end a year and a half of peace in the Senate judicial confirmation wars. President Bush nominated Peter Keisler to the U.S. Court of Appeals for the District of Columbia in June, making him one of the longest pending circuit court nominees.”
“Thomas memoir to get large first printing”: Today in USA Today, Joan Biskupic has an article that begins, “Supreme Court Justice Clarence Thomas’ autobiography, My Grandfather’s Son, will be out on Oct. 16, according to publisher HarperCollins.”
“In Milberg Weiss Case, Doctors Duel Over Lazar’s Health”: Today in The New York Sun, Josh Gerstein has an article that begins, “Doctors dueled in a California courtroom yesterday as a veteran entertainment lawyer, who stands accused of taking $2.4 million in illegal kickbacks for serving as a perennial plaintiff in securities lawsuits, attempted to escape trial on grounds of his ill health.”
“Justices’ Vote in Death Case Is Close Again, but Differing”: Linda Greenhouse will have this article Tuesday in The New York Times.
And Tuesday in The Washington Post, Robert Barnes will have an article headlined “Justices Deny New Hearing in Death Row Case.”
“Prestigious Private Schools Settle Rights Suit by a Non-Hawaiian”: Adam Liptak will have this article Tuesday in The New York Times.
“Justice Dept.’s No. 2 to Resign; McNulty Is 4th to Quit Since Disputed Firings”: This front page article will appear Tuesday in The Washington Post.
The New York Times on Tuesday will report that “Gonzales’s Deputy Quits Justice Department.”
And McClatchy Newspapers report that “Deputy attorney general resigns.”
“Navy lawyer on trial for leaking names”: Carol Rosenberg of The Miami Herald provides this news update.
“After 5 Years, Padilla Goes on Trial in Terror Case”: This article will appear Tuesday in The New York Times.
And The Miami Herald provides a news update headlined “Padilla jury hears vastly different sides.”
“Guantanamo Detainees’ Suit Challenges Fairness of Military’s Repeat Hearings”: Tuesday’s edition of The New York Times will contain an article that begins, “The military system of determining whether detainees are properly held at Guantanamo Bay, Cuba, includes an unusual practice: If Pentagon officials disagree with the result of a hearing, they order a second one, or even a third, until they approve of the finding.”
“Lawsuit Tests Legal Status of Gay Unions”: The New York Times on Tuesday will contain an article that begins, “Connecticut’s highest court became the first in the nation on Monday to hear arguments over whether the establishment of civil unions created a fundamentally inferior status for gays and lesbians.”
On this evening’s broadcast of NPR’s “All Things Considered“: The broadcast contained audio segments entitled “Trial Opens for Former ‘Enemy Combatant’ Padilla“; “Navy Lawyer’s Guantanamo Leak Trial Begins“; “Bush Announces Plan to Cut Gas Use, Emissions“; and “Deputy U.S. Attorney Paul McNulty Resigns” (RealPlayer required).
The Associated Press is reporting: An article headlined “Shop Owner Appeals Sex Toys Case” begins, “The owner of adult stores in Alabama asked the Supreme Court on Monday to throw out a state ban on selling sex toys, calling it an unconstitutional intrusion into the bedroom.”
I discussed this case in installments of my “On Appeal” column for law.com headlined “‘Lawrence’ Fails to Open Floodgates to Unfettered Sexual Freedom” and “11th Circuit’s Abuzz With Sex Toy Litigation.”
And in other news, “Student Settles With Hawaiian School” and “Arguments in Federal Gas Mileage Suit.”
“Supreme Court restores Arizona man’s death sentence”: David G. Savage of The Los Angeles Times provides this news update.
And Michael Doyle of McClatchy Newspapers reports that “Supreme Court rejects death row appeal.”
