Third Circuit vacates lifetime ban on computers and internet access, and lifetime ban on possessing legal pornography, imposed as conditions of supervised release on man convicted of possessing child pornography: You can access today’s ruling at this link.

“Sole…on Ice”: At her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg has this post about yesterday’s U.S. Supreme Court ruling in Sole v. Wyner, No. 06-531, the nude protester case.

“Libby Sentenced to 30 Months in Prison, Fined $250K”: The Washington Post provides this news update, along with a news update headlined “Bush Faces Libby Pardon Dilemma.”

Reuters provides reports headlined “Ex-Cheney aide sentenced to 30 months in leak case” and “White House: Bush won’t intervene now in Libby case.”

The Associated Press reports that “Libby Sentenced to 2 1/2 Years in Prison” and “Bush Feels ‘Terrible’ for Libby.”

And Bloomberg News reports that “Libby, Ex-Cheney Aide, Gets Prison Term in CIA Case.”

“Justice Department actions expected to draw congressional scrutiny”: McClatchy Newspapers provide this report.

“Government suggests grant in Beal case”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “U.S. Solicitor General Paul D. Clement urged the Supreme Court on Tuesday to grant review in a new Sentencing Guidelines case replacing one that has been ordered vacated, and suggested that the new case could be decided before the Court finishes the current Term, perhaps later this month.” You can access the court filing directly at this link.

Programming note: Today, I’ll be before the Superior Court of Pennsylvania for oral argument in the In re Mary and Emanuel Rosenfeld Foundation Trust appeal, a quite interesting case involving the imposition of a surcharge against trustees of a charitable trust for failure to diversify the trust’s holdings from the assets used to create the trust.

You can access online both the Brief for Appellants and the decision that is the subject of the appeal.

Additional posts will appear online here later today.

“Ruling Helps Prosecutors in Death Penalty Cases”: Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that “Ruling Affirms Judges’ Authority; High Court Backs Exclusion of Juror In Capital Case.”

David G. Savage of The Los Angeles Times reports that “Supreme Court, in 5-4 vote, restores death sentence in Washington murder case; In their fourth reversal this term of the 9th Circuit Court of Appeals, the justices support a trial judge’s decision to exclude a juror who had qualms about the death penalty.”

Joan Biskupic of USA Today reports that “Court reinstates death sentence.”

The Seattle Times reports that “U.S. Supreme Court reinstates death sentence.”

And The Seattle Post-Intelligencer reports that “High court reinstates killer’s death sentence; Justices split 5-4 in Washington state case.”

“N.J. justice offers ‘profound’ apology amid ethics inquiry; Rivera-Soto calls bid to help son innocent”: This article appeared Saturday in The Newark (N.J.) Star-Ledger.

The Philadelphia Inquirer reported on Saturday that “Judge ‘profoundly sorry’ for actions.”

And law.com reports that “N.J. Justice Admits Ethics Infraction Stemming From Involvement in Son’s Dispute.”

You can access the response to the judicial misconduct charges by clicking here. My earlier coverage appears at this link.

“Justices strip out antiwar nudist’s bid for legal fees”: David G. Savage has this article today in The Los Angeles Times.

“Both Parties Expect Corzine’s Choice for Chief Justice to Be a Fair and Moderate Voice”: This article appears today in The New York Times.

And The Newark (N.J.) Star-Ledger reports today that “Corzine unveils his pick for bench; Governor also taps Rabner’s assistant.”

“A Bid to Litigate the Legality of U.S.-Sponsored Torture in Federal Court: Will It Succeed?” Anthony J. Sebok has this essay online today at FindLaw.

“An Unacceptable Nominee”: The New York Times on Tuesday will contain an editorial that begins, “President Bush’s latest appeals court nominee, Leslie Southwick, has a disturbing history of insensitivity to blacks and other minority groups. The Senate should reject this nomination and make clear to the White House that it will reject all future nominees who do not meet the high standards of fairness that are essential for such important posts.”

“FBI Wiretaps Played in Padilla Case”: The Associated Press provides this report.

“So when I come across a sentence like this–in which a nonviolent, relatively minor drug dealer receives a twenty-four year sentence that will consume the better portion of the remainder of her natural life–I ask: is this the case? If this within-Guidelines sentence is reasonable, does an unreasonable within-Guidelines sentence exist?” Today, Tenth Circuit Judge Michael W. McConnell issued a very interesting concurring opinion in a federal Sentencing Guidelines case.

“Naked Protester Must Pay Attorney Fees”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening’s broadcast of NPR’s “All Things Considered.”

“Judge Throws Out Charges in Guantanamo Prisoner Case”: The New York Times provides a news update that begins, “A military judge here dismissed the war crimes charges against a Canadian detainee today, saying there was a flaw in the procedure the military has used to file such charges against Guantanamo detainees. The ruling in the case of the Canadian, Omar Khadr, is likely to stall the military’s war crimes prosecutions here. Critics of the prosecutions immediately called for Congress to reexamine the system it set up last year for military commissions to try detainees.”

The Washington Post provides a news update headlined “U.S. Judge Clears Canadian Detainee at Gitmo.”

Carol Rosenberg of The Miami Herald provides a news update headlined “War court tosses case against young captive.”

From National Public Radio, this evening’s broadcast of “All Things Considered” contained an audio segment entitled “Judge Dismisses Guantanamo Suspect’s Case.” Today’s broadcast of “Day to Day” contained an audio segment entitled “Charge Dismissed Against Guantanamo Detainee.” And today’s broadcast of “Morning Edition” contained an audio segment entitled “Accused’s Age Is Focus at Guantanamo Tribunal.” RealPlayer is required to launch these audio segments.

And, as The Associated Press reports in an article headlined “Judges at Guantanamo Throw Out 2 Cases,” all charges against Salim Ahmed Hamdan were also dismissed today on the same basis.

“Justices reinstate death penalty for West Coast killer”: Michael Doyle of McClatchy Newspapers provides this report.

Linda Greenhouse of The New York Times provides a news update headlined “High Court Ruling Helps Prosecutors in Death Penalty Cases.”

And The Seattle Post-Intelligencer provides a news update headlined “Supreme Court reinstates death sentence for man.”

“Court calls FCC’s indecency crackdown ‘arbitrary'”: Jim Puzzanghera of The Los Angeles Times provides this news update.

Tuesday’s edition of The New York Times will contain an article headlined “F.C.C. Rebuffed by Court on Indecency Fines.”

The Washington Post provides a news update headlined “Indecency Ruling Against Fox Tossed Out.”

The Associated Press reports that “Appeals Court Hands Broadcasters a Win.”

And Reuters reports that “Court rejects FCC broadcast decency rule.”

My earlier coverage of today’s Second Circuit ruling appears at this link. And my earlier coverage of the Second Circuit’s oral argument (RealPlayer required) can be accessed here.

“Appeals Court upholds decision blocking Michigan’s ban on ‘partial birth’ abortions”: The Detroit News provides this update.

The Detroit Free Press provides a news update headlined “Michigan’s ban on late-term abortion unconstitutional, federal appeals court rules.”

And The Associated Press reports that “Appeals Court Rejects Mich. Abortion Law.”

My earlier coverage of today’s Sixth Circuit ruling appears at this link.

“Headed Southwick?: The case against Bush’s latest controversial judicial nominee.” Emily Bazelon has this jurisprudence essay online at Slate.

If a case settles after the sua sponte grant of rehearing en banc, but before an en banc ruling has issued, should a federal appellate court agree to vacate the original three-judge panel’s ruling? In most federal appellate courts, this question would not arise, because the grant of rehearing en banc is recognized as having the effect of vacating the three-judge panel’s ruling.

In the Ninth Circuit, by contrast, an order granting rehearing en banc typically provides that “[t]he three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.”

The Ninth Circuit’s unique wording of orders granting rehearing en banc today produces nearly twenty-five pages of opinions in a case that has settled. The majority on the en banc panel today orders the three-judge panel’s decision vacated in accordance with the parties’ settlement.

“Ruling opens door for executions to resume in Missouri; A federal appeals court says lethal injections do not constitute ‘cruel and unusual punishment’ in violation of the Constitution”: Henry Weinstein of The Los Angeles Times provides this news update.

My earlier coverage of today’s Eighth Circuit ruling appears at this link.

Divided three-judge Second Circuit panel holds that FCC’s new policy regarding “fleeting expletives” is arbitrary and capricious under the Administrative Procedure Act: You can access today’s ruling in Fox Television Stations, Inc. v. FCC at this link.

Circuit Judge Rosemary S. Pooler issued the majority opinion, in which Circuit Judge Peter W. Hall joined. The first paragraph of the majority opinion concludes:

We find that the FCC’s new policy regarding “fleeting expletives” represents a significant departure from positions previously taken by the agency and relied on by the broadcast industry. We further find that the FCC has failed to articulate a reasoned basis for this change in policy. Accordingly, we hold that the FCC’s new policy regarding “fleeting expletives” is arbitrary and capricious under the Administrative Procedure Act. The petition for review is therefore granted, the order of the FCC is vacated, and the matter is remanded to the Commission for further proceedings consistent with this opinion. Because we vacate the FCC’s order on this ground, we do not reach the other challenges to the FCC’s indecency regime raised by petitioners, intervenors, and amici.

Senior Circuit Judge Pierre N. Leval dissented, explaining that he would have held that the FCC “gave a reasoned explanation for its change of standard and thus complied with the requirement of the Administrative Procedures.”

“Insurers Win at U.S. Supreme Court on Credit Law”: Greg Stohr of Bloomberg News provides this report. He also has an article headlined “Pollution Suits Against Foreigners Draw Top U.S. Court Inquiry.”

And Reuters reports that “US court backs insurance companies on credit law.”

“High court restores killer’s death sentence”: David G. Savage of The Los Angeles Times provides this news update.

“Judge Dismisses Charges Against Detainee”: The Associated Press provides a report that begins, “A military judge dismissed charges Monday against a Canadian who was 15 when he was captured in Afghanistan, a surprise ruling that came minutes into the arraignment of the man classified as an ‘enemy combatant’ at Guantanamo Bay.”

“We conclude that Missouri’s written lethal injection protocol does not violate the Eighth Amendment.” So holds a decision that the U.S. Court of Appeals for the Eighth Circuit issued today.

In early press coverage of the ruling, The Associated Press reports that “Court Backs Mo. Death Penalty Procedure.”

“Years later, Valdez’s stain remains; ExxonMobil’s legal battle rages 18 years after the oil spill, as the case is likely headed to the Supreme Court”: This article appears today in The Christian Science Monitor.

The Associated Press is reporting: Now available online are articles headlined “Court Backs Firms on Credit Reporting“; “Court Reinstates Man’s Death Sentence“; “Court Rules on Florida Legal Fee Case“; and “Leukemia Widow Loses Court Fight.”

Today’s U.S. Supreme Court opinions: The Court today issued three opinions in argued cases, one dismissal of an argued case, and one summary decision vacating and remanding.

1. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Sole v. Wyner, No. 06-531. You can access the opinion here and the oral argument transcript here.

2. Justice David H. Souter delivered the opinion of the Court in Safeco Ins. Co. of America v. Burr, No. 06-84. You can access the opinion here and the oral argument transcript here.

3. Justice Anthony M. Kennedy delivered the opinion of the Court in Uttecht v. Brown, No. 06-413, a 5-4 ruling in which the Court’s conservative majority was on the prevailing side. You can access the opinion here and the oral argument transcript here.

Today’s dismissal of an argued case came in Claiborne v. United States, No. 06-5618, due to petitioner’s death. You can access the per curiam order of dismissal at this link.

In reporting on these rulings at “SCOTUSblog,” Lyle Denniston has a post titled “Court protects trial judges on juror dismissal.”

Finally, today’s lone per curiam opinion vacated a ruling of the Tenth Circuit. You can access today’s ruling in Erickson v. Pardus, No. 06-7317, at this link.

“Court seeks response in detainees’ cases”: Lyle Denniston has this post at “SCOTUSblog.”

You can access today’s Order List at this link.

“The Michigan Attorney General appeals the district court’s decision declaring unconstitutional a state law that regulates abortion methods. Because we find that Michigan’s law fails to comply with the explicit limitations that the Supreme Court has established for statutes regulating abortion, we agree with the district court’s disposition, and affirm.” So begins a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. The law at issue is Michigan’s Legal Birth Definition Act.

In April 2006, the Michigan Attorney General’s Office issued a news release titled “Attorney General Cox Files Brief on Partial Birth Abortion Ban in 6th Circuit Court of Appeals.”

“Supreme Court Justice Samuel Alito delivers the commencement address at St. Mary’s College in Notre Dame, IN.” You can view online, on-demand this past Saturday’s broadcast of C-SPAN’s “America & the Courts” by clicking here (RealPlayer required).

“Sterile thinking on pay equity”: The Chicago Tribune today contains an editorial that begins, “Under federal law, it’s illegal for employers to discriminate on the basis of sex, so Lilly Ledbetter should have had a good claim against Goodyear Tire & Rubber.”

And in yesterday’s edition of that newspaper, columnist Clarence Page had an op-ed entitled “Supreme Court should do justice in the workplace.”

“Abolishing Non-Precedential Appellate Court Rulings: An Idea Whose Time Has Come?” Today’s installment of my “On Appeal” column for law.com can be accessed at this link.