“Deputy A.G. McNulty Announces Resignation”: The Washington Post provides this news update.
The New York Times provides a news update headlined “Deputy Attorney General Resigns His Post.”
The Associated Press reports that “McNulty, Justice Dept. No. 2, Resigning.”
Reuters reports that “Gonzales deputy resigns from Justice Department.”
And Bloomberg News reports that “McNulty, No. 2 Justice Department Official, to Resign.”
You can view the resignation letter at this link. Also available online is the “Statement of Attorney General Alberto R. Gonzales on the Resignation of Deputy Attorney General Paul J. Mcnulty.”
“Detainees’ respond to new U.S. filings”: Lyle Denniston has this post at “SCOTUSblog.”
“Ford Gets New Review of $55 Million Rollover Award”: Greg Stohr of Bloomberg News provides this report.
And James Vicini of Reuters reports that “U.S. top court rejects hearing for death row inmate.” Reuters also reports that “US top court won’t review Amgen patent dispute case.”
“Trial Begins for Accused Al-Qaida Operative”: This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR’s “Day to Day.”
“Suit on Kamehameha admissions dropped”: The Honolulu Advertiser provides this news update, along with related items headlined “Officials begin reacting to Kamehameha settlement” and “Timeline for challenge to schools’ admissions policy.”
The Honolulu Star-Bulletin provides a news update headlined “Student drops lawsuit against Kamehameha Schools; The school says a settlement preserves its admission policy for native Hawaiians.”
Kamehameha Schools today issued a news release titled “Kamehameha Schools and ‘John Doe’ Settle Admissions Lawsuit; Confidential Agreement Preserves Policy Offering Admissions Preference to Native Hawaiians.”
“Extremist Taunts His Victims From Prison”: The Associated Press provides a report that begins, “Victims of Eric Rudolph, the anti-abortion extremist who pulled off a series of bombings across the South, say he is taunting them from deep within the nation’s most secure federal prison, and authorities say there is little they can do to stop him.”
U.S. Supreme Court posts online proposed amendments to its procedural rules: You can view the proposed amendments at this link. Most notably, the Court proposes replacing many page limits with word limits, requiring electronic filing of briefs in addition to paper copies, and requiring that printed briefs use the font that the Court itself uses in its published opinions.
At “SCOTUSblog,” Lyle Denniston has a post titled “Electronic briefs probably will be required.” And law.com’s Tony Mauro previewed many of these proposed changes in his Courtside column last week (third item).
“Jane Roberts’ Pillsbury departure”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”
Like deja vu all over again, the First Circuit affirms federal death sentence against Gary Lee Sampson: Last Thursday, I linked here to an article published that day in The Boston Globe headlined “Sampson’s death sentence is upheld; Appeals court takes rare step to seal ruling.”
That article begins, “A federal appeals court has upheld the death sentence of Gary Lee Sampson, an Abington man who confessed to killing three New England men during a weeklong murder rampage in July 2001. In an unusual step, the three-judge panel, which rendered its opinion on Monday, sealed the judgment for seven days to give prosecutors and defense lawyers the opportunity to redact any language both sides agree should be kept confidential.”
Today, like clockwork, the First Circuit posted online its ruling from last Monday affirming the death sentence. I haven’t take the time to see whether any redactions are apparent.
The Associated Press is reporting: An article headlined “Bush Sets Deadline for Emissions Effort” begins, “President Bush responded Monday to a Supreme Court ruling by ordering federal agencies to find a way to begin regulating vehicle emissions by the time he leaves office.”
And in other news from The AP, “Court Turns Down Amgen Patent Appeal“; “Jose Padilla Trial Opens in Miami“; and “Ex-Navy Lawyer on Trial in Gitmo Case.”
Crime suspect who sought to terminate police questioning by exclaiming “I plead the fifth” wins opportunity to plead his case before fifteen Ninth Circuit judges: On November 8, 2006, I had a post titled “Of Beethoven, of vodka, or of the Bill of Rights containing the first ten amendments to the U.S. Constitution?” that begins:
The U.S. Supreme Court has ruled that if a criminal suspect indicates in any manner during custodial questioning that he wishes to remain silent, interrogation must cease. Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit resolves whether a criminal defendant’s statement, during an interrogation, that “I plead the fifth” is sufficient to invoke the right to remain silent. Complicating this question, the appeal arises in the habeas context challenging a state court conviction and is governed by the federal law whose acronym is AEDPA. The majority, in a decision that you can access here, affirms the federal district court’s denial of habeas relief.
Today, the Ninth Circuit issued an order granting rehearing en banc in the case.
Ninth Circuit rejects law firm’s Dispute Resolution Program, culminating in final and binding arbitration of most employment-related claims by and against its employees, as unconscionable under California law: A unanimous three-judge panel today delivered this loss to the law firm of O’Melveny & Myers.
“Judges who sought part-time status still carry big loads”: The Providence Journal today contains an article that begins, “In back-to-back announcements in March 2006, the only Rhode Islander on the U.S. 1st Circuit Court of Appeals and the chief federal judge in Rhode Island said they would step down from full-time service by the end of that year. Fourteen months later, those vacancies remain unfilled.”
On today’s broadcast of NPR’s “Morning Edition“: The broadcast contained audio segments entitled “Navy Lawyer on Trial for Leaking Info” and “Cyclist Landis Gets Hearing in Doping Case.”
“Hawaii schools case dismissed”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “A significant test case in the Supreme Court on racial preferences in admissions to private schools has now been dismissed by agreement of the two sides.”
Last month, syndicated columnist James J. Kilpatrick had this essay about the case.
And recently, two bloggers at “Balkinization” offered competing views of the case (see here and here).
My earlier coverage of the Ninth Circuit‘s 110-page en banc ruling in this case can be accessed here and here.
“Gay Couples Ask Conn. Court for Marriage”: The Associated Press provides this report.
“As I am inclined to think the Court meant what it said, I believe that neither Blakely nor Booker created a new rule, but merely applied the rule already laid down in Apprendi. The rule from Booker should therefore apply retroactively to habeas petitioners, like the Valentines, whose convictions became final after the Court issued its decision in Apprendi.” So writes Circuit Judge Boyce F. Martin, Jr., dissenting in part from a decision that the U.S. Court of Appeals for the Sixth Circuit issued today.
Doug Berman notes the decision here at his “Sentencing Law and Policy” blog.
“Terrorism Suspects And The Law”: Stuart Taylor Jr. has this essay in today’s issue of National Journal.
“Explorer Rollover Award Must Be Reviewed”: The Associated Press provides a report that begins, “The Supreme Court ordered a state appeals court Monday to review a decision giving $82.6 million to a woman who was paralyzed after her Ford Explorer rolled over. The justices want a California appeals court to determine if its ruling is in line with the Supreme Court decision overturning a $79.5 punitive damages award in a tobacco case earlier this year.”
And in other coverage from the U.S. Supreme Court, The AP reports that “Death Row Inmate in Arizona Loses Appeal” and “Court Won’t Take Enron Barge Case.”
“Court: no grants, one decision.” Lyle Denniston has this post at “SCOTUSblog.”
The one argued case in which the U.S. Supreme Court issued an opinion today is Schriro v. Landrigan, No. 05-1575. You can access the 5-4 ruling at this link and the oral argument transcript at this link. Justice Clarence Thomas delivered the opinion of the Court, in which the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Samuel A. Alito, Jr. joined. Justice John Paul Stevens issued a dissenting opinion, in which Justices David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined.
You can access today’s Order List, which includes one call for the views of the Solicitor General, at this link.
“When Should a Judge Face Discipline for What an Opinion Says?” Today’s installment of my “On Appeal” column for law.com can be accessed at this link.
“Jailing of reporters chills free flow of information; Proposed shield law would enable journalists to protect their sources”: This editorial appears today in USA Today.
In response, Bruce Fein has an op-ed entitled “Privilege obstructs justice; Investigative reporting flourishes, despite lack of federal shield law.”
“Giuliani: Abortion wouldn’t factor into picks for court.” USA Today contains this article today.
And The Wall Street Journal recently published an editorial entitled “Rudy and the Right — Just what Republicans don’t need: an abortion brawl.”
“Gitmo, Justice–and justice”: This editorial appears today in The Chicago Tribune.
“‘Honk for peace’ case tests limits on free speech”: Bob Egelko has this article today in The San Francisco Chronicle.
The article focuses on a January 2007 ruling of the U.S. Court of Appeals for the Seventh Circuit that I first noted here.
“Border case puts U.S. attorney on defensive; Johnny Sutton prosecuted a pair of agents who shot a fleeing Mexican smuggler; Conservatives are up in arms”: The Los Angeles Times contains this article today.
“Execution rules still inhumane”: This editorial appears today in The St. Petersburg Times.
“Marriage Vs. Civil Unions: State Supreme Court Hears Testimony Today On Whether Same-Sex Couples May Wed.” Lynne Tuohy has this article today in The Hartford Courant.
The Supreme Court of Connecticut provides this summary of the case.
“New York Plan for DNA Data in Most Crimes”: The New York Times contains this article today.
“Padilla trial to begin, minus the ‘dirty bomb’ talk”: This article appears today in USA Today.
And Reuters reports that “U.S. jury to get preview in Padilla terrorism case.”
“Cutting the Grass: Congressional Democrats prepare another assault on the First Amendment.” John Fund has this essay online today at OpinionJournal.
“Alito touts Constitution’s lessons at Hampden-Sydney”: The Associated Press provides this report.
And The Richmond Times-Dispatch reports today that “Associate justice cites document’s universal truths about mankind; Constitution offers life lessons, Alito says.”
“Feingold Versus the Law”: The New York Sun today contains an editorial that begins, “So Senator Feingold of Wisconsin, a foe of the federal death penalty, is stalling the elevation of the United States attorney for the Eastern District of New York, Roslynn Mauskopf, to the federal bench.”
Available online from The New Republic: Benjamin Wittes has an essay entitled “No Comparison: Alberto Gonzales digs himself a deeper hole.”
And Christine Stansell has an essay entitled “Partial Law: A lost history of abortion.”
“The Nation’s Borders, Now Guarded by the Net”: In Monday’s edition of The New York Times, Adam Liptak will have this “Sidebar” column (TimesSelect temporary pass-through link).
