“Court sides with Chicago on grave-moving plan; O’Hare expansion foes vow to continue fight”: The Chicago Tribune provides this news update.
My earlier coverage of today’s Seventh Circuit ruling appears at this link.
“Webb has pair of fights on his hands; He may block judge pick and will push again for more time off for troops”: The Richmond Times-Dispatch today contains an article that begins, “Sen. Jim Webb is taking a stand that could kill President Bush’s nomination of Richmond lawyer E. Duncan Getchell Jr. to a federal appeals court.”
That newspaper today also contains an op-ed by Law Professor Carl Tobias entitled “Senators’ Suggestions Are Ignored.”
“Executive Power”: On today’s broadcast of the public radio program “Here & Now,” Pulitzer Prize-winning journalist Charlie Savage of The Boston Globe discusses (RealPlayer required) his new book, “Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy.”
“Desegregation Stamp to Be Issued”: The Associated Press provides a report that begins, “A 1946 court ruling that helped pave the way for the nation’s school desegregation will be commemorated Friday with a new U.S. postage stamp.” You can view an image of the postage stamp and access additional information by clicking here.
“Cemetery can be moved for O’hare, court rules”: The Daily Herald of Arlington Heights, Illinois provides a news update that begins, “A federal appeals court today dealt a devastating blow to opponents of O’Hare Airport expansion when it ruled a small cemetery near Bensenville could be bulldozed by the city of Chicago.”
And ABC7Chicago.com reports that “O’Hare Expansion moves forward; Court rules on last legal hurdle.”
You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
“D.C. resident seeks right to have working rifles, shotguns”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “A D.C. resident who successfully challenged the city of Washington’s strict gun control law asked the D.C. Circuit Court on Wednesday to allow him and other residents to have immediate access to rifles and shotguns — in functioning condition — for self-defense. His lawyers argued that the D.C. government, in an appeal to the Supreme Court, had conceded that the ban on such working firearms was unconstitutional, so the lawyers argued it should be blocked by court order.”
The court filing that is the subject of Lyle’s post can be accessed here.
“Pentagon Censors 9/11 Suspect’s Tape”: The Associated Press provides a report that begins, “The Pentagon has censored an audio tape of the suspected mastermind of the Sept. 11 attacks speaking at a military hearing – cutting out Khalid Sheikh Mohammed’s justification for waging jihad against the United States. After months of debate by several federal agencies, the Defense Department released the tape Thursday. Cut from it was 10 minutes of a more than 40-minute closed court session at Guantanamo Bay to determine whether Mohammed should be declared an ‘enemy combatant.'”
The audio can be accessed online via this link (scroll down).
Second Circuit overturns preliminary injunction prohibiting a state university from enforcing its policy restricting official recognition to student groups that do not discriminate on the basis of gender against a college fraternity that admits only males: Today’s ruling recognizes that although a college fraternity may have a First Amendment right of associative freedom to only admit males, that does not require subjecting to strict scrutiny, in order to withstand judicial review, the state university’s policy restricting official recognition to student groups that do not discriminate on the basis of gender.
Will penile plethysmograph testing still be used in treating sex offenders in 2021? Uncertainty over the answer to that question today led the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit to reject as unripe a recently-convicted federal criminal defendant’s challenge to that aspect of his supervised release conditions. The sentence of imprisonment that the defendant received means that the earliest he could be subjected to such testing is in the year 2021.
“Court: MDs need not say ‘abortions kill’; Jersey decision on doctors’ advice could have ripples throughout U.S.” Kate Coscarelli has this article today in The Newark Star-Ledger.
And The New York Times reports today that “New Jersey’s Top Court Rejects Suit on Abortion.”
You can access yesterday’s ruling of the Supreme Court of New Jersey at this link.
“UC Irvine aborts hiring Chemerinsky as law school dean; The constitutional scholar says university officials told him the deal was off to head the new school because he was too ‘politically controversial'”: Garrett Therolf and Henry Weinstein have this article today in The Los Angeles Times.
The newspaper also contains an editorial entitled “UC Irvine’s cowardice: Rescinding Erwin Chemerinsky’s job offer as the school’s founding law dean was an act of self-destructiveness.” Law Professor Douglas W. Kmiec has an op-ed entitled “In Chemerinsky’s defense: No matter what your politics, UC Irvine’s treatment of the legal scholar was wrong.” And columnist Dana Parsons has an op-ed entitled “Excuse for UCI’s fumble on law school dean not good enough.”
law.com reports that “Calif. Law School Dumps Chemerinsky as Founding Dean; In wake of $20M gift from prominent Republican, officials decide scholar’s politics are incompatible with offered job.”
Meanwhile, in coverage from North Carolina, The Raleigh News & Observer today contains an article headlined “Prof too divisive for deanship? UC-Irvine withdraws its offer to Duke’s Chemerinsky.”
And The Duke Chronicle reports that “Chemerinsky loses offer at UC-Irvine; Deanship rescinded due to political views.”
“California Supreme Court lets stand free-speech ruling for student”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The state Supreme Court rejected the Novato school district’s challenge Wednesday to a ruling that upheld a high school journalist’s right to write an anti-immigrant editorial and affirmed California’s strong legal protections for students’ free speech.”
“U.S. Court Backs States’ Measures to Cut Emissions”: The New York Times today contains an article that begins, “A federal judge in Vermont gave the first legal endorsement yesterday to rules in California, being copied in 13 other states, that intend to reduce greenhouse gases emitted by automobiles and light trucks.”
The Washington Post reports today that “Carmakers Defeated On Emissions Rules; States Can Set Standards, Judge Says.”
The Los Angeles Times reports that “States gain sway on emissions curbs; A federal judge in a suit by automakers against Vermont bolsters California’s effort to limit pollutants.”
The Wall Street Journal reports that “Court Roils Auto-Rules Debate; Vermont Wins Right To Limit Emissions; Nationwide Ripples.”
In The San Francisco Chronicle, Bob Egelko reports that “Federal judge gives boost to states on limiting vehicle emissions.”
USA Today reports that “Judge says states can regulate emissions.”
And The Rutland Herald reports that “‘Green’ car decision puts Vt. in spotlight.”
My earlier coverage of yesterday’s ruling of the U.S. District Court for the District of Vermont appears at this link.
“Four State Judges Sue Over Lack of Pay Raises”: This article appears today in The New York Times.
And law.com reports that “N.Y. Judges’ Suit Seeks 26 Percent Raise, Retroactive Pay.”
“White House May Name Rosenstein To Appeals Court”: The Washington Post today contains an article that begins, “U.S. Attorney Rod J. Rosenstein, Maryland’s top federal prosecutor, is in the late stages of being vetted as a possible nominee to fill a long-standing vacancy on a federal appeals court in Richmond, law enforcement sources and people who have been questioned as part of the process said.”
“Battle Over Calorie-Posting May Widen”: The New York Times today contains an article that begins, “The restaurant industry seemed buoyed when a federal judge this week struck down a city health regulation that would have required nearly 2,400 New York City restaurants to post calorie information on their menus. But the ruling may backfire on the industry, leading to a broader range of restaurants’ being bound by a nearly identical menu-labeling requirement.”
Tenth Circuit delivers Hummer bummer: In a ruling posted online late yesterday, the U.S. Court of Appeals for the Tenth Circuit affirmed a federal district court’s denial of a preliminary injunction that General Motors Corporation had sought against Urban Gorilla, LLC in a lawsuit alleging that Urban Gorilla’s “body kits” infringe upon and dilute GM’s trade dress rights in its Hummer line of vehicles.
“A Model of a Modern Attorney General: The limitations of legal judgment in the war on terror.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Key Democrats Vow to Block Bush Nominee”: The Associated Press provides a report that begins, “Senate Democrats will block Ted Olson from succeeding Alberto Gonzales as attorney general if President Bush nominates him, Majority Leader Harry Reid said Wednesday.”
The Washington Post reports today that “Reid Says Senators Would Block Olson; Choice for Attorney General Awaited.”
The New York Times reports that “Bush Is Warned on a Gonzales Successor.” The newspaper also contains an editorial entitled “The Next Attorney General.”
And in The Daily Journal of California, Lawrence Hurley has an article headlined “Can Professional Olson Pave the AG Way For Political Olson?”
“Jury Can Hear Part of Flight 93 Tape”: The AP provides this report.
“Senate Republicans Wary of Olson Choice”: The Associated Press provides a report that begins, “Senate Republicans warned the White House Wednesday that it’s not a good time for a fight with Democrats over a new attorney general and predicted there would be one of President Bush nominates former Solicitor General Ted Olson.”
“Inside the ‘Terror Presidency'”: Today’s broadcast of the public radio program “On Point” included this segment (available online in both RealPlayer and Windows Media Player formats) featuring Jack Goldsmith and Benjamin Wittes.
“Judge Rejects Carmakers’ Emission Suit”: The Associated Press provides a report that begins, “A federal judge on Wednesday ruled that states can regulate greenhouse gas emissions from vehicles, rejecting automakers’ claims that the state rules are pre-empted by federal law and that technology can’t be developed to meet them.”
You can access today’s ruling of the U.S. District Court for the District of Vermont at this link.
“Child Beheading Conviction Overturned”: The Associated Press provides a report that begins, “A man condemned for killing and beheading his common-law wife’s three children had his conviction overturned Wednesday by a divided Texas Court of Criminal Appeals. In a 5-4 ruling, the state’s highest criminal appeals court said John Allen Rubio’s conviction and death sentence four years ago were improper because statements from his common-law wife, Angela Camacho, erroneously were allowed into evidence.”
Today’s ruling of the Texas Court of Criminal Appeals — that State’s highest court in criminal cases — consists of a majority opinion and a dissenting opinion. A fourth judge on the court appears to have dissented without opinion.
“Docs not required to say abortion is killing, top NJ court rules”: Kate Coscarelli of The Newark Star-Ledger provides this news update.
And The Associated Press reports that “NJ Court Scraps Trial on Abortion Data.”
You can access today’s ruling of the Supreme Court of New Jersey at this link.
Two wrongs may not make a right, but do two crimes not involving moral turpitude when committed separately become morally turpitudinous when committed together? A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued this ruling addressing a question of immigration law.
“New UC Irvine Law School Hires Chemerinsky as Dean, Then Fires Him for Political Reasons”: This post appears today at “Brian Leiter’s Law School Reports” (via WSJ.com’s “Law Blog“).
“Attorneys Ask Court to Declare Death Penalty ‘Cruel and Unusual’ Punishment for Child Rapist; Louisiana Man Is Only Inmate on Death Row for a Nonhomicide Offense”: ABCNews.com provides this report.
“Justice Thomas to go on 60 Minutes”: At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Legal Times has confirmed that Supreme Court Justice Clarence Thomas has agreed to be interviewed by the CBS News show 60 Minutes later this month to kick off promotion of his new autobiography, set for publication October 1.”
That’s right, Justice Clarence Thomas’s new book, “My Grandfather’s Son: A Memoir,” will go on sale on the first Monday in October, 2007. It should be a fascinating read. Some additional details about the book are available at this link.
“The Newer Textualism: Justice Alito’s Statutory Interpretation.” Elliott M. Davis has this note in the Summer 2007 issue of the Harvard Journal of Law & Public Policy.
“Momentary Indecision”: At her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg has this post providing additional insight into the White House’s decision-making process in selecting a new Attorney General.
“Judge Throws Out New York Rule Requiring Restaurants to Post Calories”: This article appears today in The New York Times.
Today in The New York Sun, Joseph Goldstein reports that “Court Rebuffs Mayor’s Plan on Fast Food.”
And The New York Daily News reports that “Judge strikes down rule forcing restaurants to post calories.”
“Extension of Microsoft Antitrust Pact Requested”: The Washington Post today contains an article that begins, “In an eleventh-hour request, a group of six states and the District yesterday asked a judge to extend the terms of Microsoft’s antitrust settlement through 2012. Most of those provisions are scheduled to expire in November.”
“The next attorney general should unite, not divide; Whomever takes over the Justice Department must end political abuses”: U.S. Senator Patrick J. Leahy (D-VT), chairman of the Senate Judiciary Committee, has this op-ed today in The Los Angeles Times.
“Intelligence Chiefs Back A Guantanamo Reversal”: The Washington Post today contains an article that begins, “The Bush administration’s top intelligence officials have all filed declarations to a federal appeals court — including two classified top-secret — warning that its recent ruling ordering the release of information about detainees at Guantanamo Bay, Cuba, will cause grave harm to national security.”