“Pa. Tries to Toss Libby Law License”: The Associated Press provides a report that begins, “The Pennsylvania Supreme Court took a step Monday to suspend the law license of I. Lewis ‘Scooter’ Libby Jr., the former White House aide convicted of lying and obstructing justice in a probe into the leak of a CIA operative’s identity.”
You can access last Friday’s order of the Supreme Court of Pennsylvania at this link.
This 2008 wall calendar devoted to the U.S. Supreme Court will provide you not only with the first Monday in October, but also with every other day of the year: Today’s mail included a lovely 2008 wall calendar that, according to an enclosed transmittal letter, is the first ever devoted to exploring the Supreme Court — its history, architecture, cases, and people.
law.com’s Tony Mauro developed the idea for and text of the calendar, and Museum Concepts of Arlington, Virginia is the calendar’s publisher. A portion of the proceeds from the sale of the calendar will go to the Supreme Court Historical Society. You can learn more about the calendar and place an order for it both here and here.
“Super Bowl Striptease Back on Stage”: The Associated Press provides a report that begins, “A federal appeals court on Tuesday will consider whether a notorious ‘wardrobe malfunction’ that bared singer Janet Jackson’s breast during a televised 2004 Super Bowl halftime show was indecent, or merely a fleeting and accidental glitch that shouldn’t be punished.”
Divided three-judge Third Circuit panel holds that that court’s ruling from 1990 in United States v. Kikumura is no longer good law and thus a district judge may employ the preponderance standard to find facts justifying large sentencing enhancements: You can access today’s ruling at this link.
Ironically, the majority in today’s ruling notes that by holding that Kikumura no longer remains good law, the Third Circuit is disagreeing with rulings from both the Eighth and Ninth Circuits. Various other federal appellate courts have already agreed with the conclusion that the Third Circuit reached today.
By a vote of 9-6, en banc Ninth Circuit panel upholds death sentence imposed on California inmate Stevie Lamar Fields: You can access today’s ruling at this link. The jury’s use of biblical passages while deliberating created much fodder for discussion in today’s en banc majority and dissenting opinions.
On recent broadcasts of C-SPAN’s “America & the Courts“: The broadcast from two Saturday’s ago was titled “Supreme Court Review.” law.com’s Tony Mauro moderated a stellar panel. The program starts approximately seven minutes into this video segment (RealPlayer required). I previously linked here to the transcript of the event.
And this past Saturday evening’s broadcast was titled “Role of the Courts in Times of War” (RealPlayer required). C-SPAN has also posted online the complete panel discussion from the recent Ninth Circuit judicial conference in Honolulu at this link (RealPlayer required).
“Conservatives denounce governor’s pick for the Missouri Supreme Court”: This article appeared Saturday in The Kansas City Star.
And The St. Louis Post-Dispatch reported on Saturday that “Blunt picks new high court judge.”
“Thong politics: The history of shortsighted laws to control young people’s underpants.” Professor Jill Fields has this op-ed today in The Los Angeles Times.
“The liberty/security debate: From FISA fixes to appointing a new attorney general, Congress will have many opportunities to have an honest, open discussion.” This editorial appears today in The Los Angeles Times.
“Missouri abortion law under review; Facilities that regularly provide first-trimester terminations — including the pill version — may be regulated as outpatient surgical centers; Two of the state’s three clinics would have to close”: The Los Angeles Times contains this article today.
“Nursing Mother Goes to Court for Exam Time”: This article appears today in The New York Times.
“Court Cloaked in Secrecy Shows a Hint of Openness”: You can access today’s installment of Adam Liptak‘s “Sidebar” column at this link (TimesSelect temporary pass-through link).
“New Focus on the Effects of Life Tenure”: Linda Greenhouse has this Supreme Court Memo today in The New York Times.
“Prisons Purging Books on Faith From Libraries”: The New York Times today contains an article that begins, “Behind the walls of federal prisons nationwide, chaplains have been quietly carrying out a systematic purge of religious books and materials that were once available to prisoners in chapel libraries. The chaplains were directed by the Bureau of Prisons to clear the shelves of any books, tapes, CDs and videos that are not on a list of approved resources.”
“Class in New Jersey”: The Wall Street Journal today contains an editorial that begins, “Gadzooks, good news from New Jersey, and concerning a lawsuit no less. The state’s Supreme Court ruled late last week that lawsuits filed against Merck & Co. for its Vioxx painkiller can’t be consolidated into a giant class action suit.”
Last Friday’s issue of The Newark Star-Ledger reported that “Court rejects Vioxx class suit.”
You can access last Thursday’s ruling of the Supreme Court of New Jersey at this link.
“D.C. attorney known for work on high-profile cases; Sen. Larry Craig of Idaho joins clientele list that includes Michael Vick, Monica Lewinsky’s mom”: This article appears today in USA Today.
And The New York Times reports today that “Sting Charges Against Craig Harsher Than Some.”
“Highest Court To Hear Appeal, Decide Fate of Death Penalty”: Today in The New York Sun, Joseph Goldstein has an article that begins, “The state’s highest court today will hear an appeal by the last inmate on New York’s death row. In the process, the Court of Appeals, which sits in Albany, will decide the future of capital punishment in New York State, legal analysts say.”
The New York Daily News reports today that “Last man on N.Y.’s Death Row to plead for his life.”
The New York Post contains an article headlined “’00 Fiend’s Bid for Life.”
And The Associated Press reports that “Man in limbo on death row in NY awaiting decision on his fate.”
Today’s oral argument before the New York State Court of Appeals — that State’s highest court — is scheduled to begin at 9:30 a.m. eastern time, and the court is planning to post a link to a live webcast of the oral argument on its web site’s home page approximately fifteen minutes before that time.
“Appeals court says requirement to attend AA unconstitutional”: Saturday in The San Francisco Chronicle, Bob Egelko had an article that begins, “Alcoholics Anonymous, the renowned 12-step program that directs problem drinkers to seek help from a higher power, says it’s not a religion and is open to nonbelievers. But it has enough religious overtones that a parolee can’t be ordered to attend its meetings as a condition of staying out of prison, a federal appeals court ruled Friday.”
You can access Friday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Appellate justice remembered as a modest, giving man; Jurists, former students, lawyers and family gather after Judge Paul Boland’s unexpected death”: Henry Weinstein has this article today in The Los Angeles Times.
“Extradition Fight Blocks Noriega Release”: The Associated Press provides this report.
And today in The New York Times, Everett Ellis Briggs has an op-ed entitled “Our Man in Panama.”
“Taking the Guilt Out of the Death Penalty”: You can access at this link (TimesSelect temporary pass-through link) the installment of Dan Barry‘s “This Land” column that appears today in The New York Times.
“Mom defends daughter’s right to blog speech”: The Waterbury (Conn.) Republican-American contained this article in last Wednesday’s edition.
My earlier coverage of the recent ruling of the U.S. District Court for the District of Connecticut appears at this link.
“For Mexican Trucks, a Road Into the U.S.” This article appears today in The New York Times.
And The Associated Press reports that “Mexico Sends 1st Long-Haul Trucks to US.”
“The Truth and Alberto Gonzales”: Clark Hoyt, public editor of The New York Times, today has this essay in that newspaper.
Philadelphia Phillies 8, Florida Marlins 5: My son and I were back at Citizens Bank Park this afternoon, where we saw the home team jump out to an 8-0 lead over the visiting Marlins.
Phillies starting pitcher Jamie Moyer was making the 600th major league appearance of his career, and he held the Marlins without a hit until one out in the top of the fourth inning, when Marlins right fielder Jeremy Hermida reached first base safely on a softly hit ground ball to third base after Chase Utley, making a rare appearance as first baseman for the Phillies, dropped the ball on a throw that otherwise may have just beaten the batter to the bag on a bang-bang play.
After having attended Friday night’s game at Turner Field in Atlanta, where Braves pitcher John Smoltz took a no-hitter into the top of the 8th inning, I was just a little disappointed that Moyer’s chance this afternoon at a no-hitter disappeared on a play that easily could have been called an error on Utley.
But in the top of the sixth inning, the Marlins lead-off hitter smacked a legitimate double off of the wall in left field, and later that half-inning three different batters hit home runs, including two that reached the second deck in right field. After the third home run of the inning made the score 8-5, Moyer was pulled from the game, having pitched five and one-third innings. Fortunately, for the second day in a row, the Phillies bullpen was able to hold the Marlins scoreless for the remainder of the game after the starting pitcher had departed.
You can access the box score of today’s game at this link, while wraps from MLB.com are here and here. Today’s Phillies victory allows the team to move just two games back of the San Diego Padres in the National League wild card standings, vaulting the Phillies over the Los Angeles Dodgers for second place in the wild card race.
“Gitmo Panels Struggle to Assess Facts”: The Associated Press provides a report that begins, “After years of indefinite confinement, many detainees at Guantanamo Bay say they feel they may never receive justice, according to transcripts of hearings obtained by The Associated Press. Fewer than one in five of detainees allowed a hearing last year even bothered to show up for it.”
“Judge in sex assault case sued by alleged victim”: The Lincoln (Neb.) Journal-Star today contains an article that begins, “In the latest legal twist in the sexual assault prosecution of a Lincoln man, the woman at the center of the case sued the trial judge this week because he barred ‘rape’ and other words from the courtroom. Tory Bowen, 24, said in the complaint filed in federal court that Lancaster County District Judge Jeffre Cheuvront violated her First Amendment right to free speech by barring the words ‘rape,’ ‘victim,’ ‘assailant,’ ‘sexual assault kit’ and ‘sexual assault nurse examiner’ from the trial of Pamir Safi.”
And The Associated Press reports that “Woman Sues Judge for Banning Words.”
“Iran Must Pay $2.6 Billion for ’83 Attack”: The Washington Post today contains an article that begins, “A federal judge yesterday ordered Iran to pay more than $2.6 billion to nearly 1,000 family members and a handful of survivors of a 1983 bombing of a Marine barracks in Lebanon that killed 241 soldiers. The ruling brought cheers and tears from survivors but faces long odds of being fulfilled.”
Reuters reports that “U.S. judge orders Iran pay $2.6 billion for 1983 attack.”
And The Associated Press reports that “Iran Rejects U.S. Ruling on 1983 Attack.”
The U.S. District Court for the District of Columbia has posted online both yesterday’s opinion and the accompanying judgment.
“White House defends nominee for 4th Circuit; Neither Warner, Webb recommended Getchell in bipartisan judge picks”: This article appears today in The Richmond Times-Dispatch.
“SLC attorney wins case on appeal; Court rules that most of the info detailing his brother’s death in Oklahoma jail in 1995 can be released”: The Salt Lake Tribune contains this article today.
And today’s edition of The Deseret Morning News contains an article headlined “Salt Lake attorney wins point in cover-up case” that begins, “The 10th Circuit Court of Appeals has knocked a hole in the wall of secrecy built up around federal law enforcement agency investigations. In a 35-page ruling issued Friday, the court said Salt Lake City attorney Jesse Trentadue is entitled to information in a federal report that may show Department of Justice officials conducted a cover-up surrounding his brother’s death in a federal prison.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
“Enron’s Skilling asks court to throw out all his convictions”: This article appears today in The Houston Chronicle.
Available online from law.com: An article reports that “3rd Circuit to Hear CBS’ Appeal Over Indecency Fine for Janet Jackson’s Super Bowl Stunt; More is at stake than the network’s financial hit, as FCC’s power over broadcasters is challenged.”
In other news, “Comcast Loses on Appeal in Fees Case; 11th Circuit rules that the customers’ arbitration agreements with the cable company are unenforceable in the case.” You can access Tuesday’s Eleventh Circuit ruling at this link.
An article headlined “Are Plaintiffs Attorneys Becoming Targets?” begins, “Michigan attorney Geoffrey Fieger was recently indicted on campaign finance charges, the fourth high-profile plaintiffs attorney to face federal criminal charges in the past 14 months. The string of charges has caught the ire of the plaintiffs bar, with many well-known trial attorneys alleging that the federal government is targeting them.”
And next Monday’s brand new installment of my “On Appeal” essay is headlined “How Should a Federal Appellate Court Decide Whether an Appeal Should Be Orally Argued?”
“Bush Expected to Nominate Attorney General Next Week; Former Solicitor General Is Called a Leading Candidate”: The Washington Post today contains an article that begins, “President Bush is expected to choose a replacement for Attorney General Alberto R. Gonzales by the middle of next week, and former solicitor general Theodore B. Olson has emerged as one of the leading contenders for the job, according to sources inside and outside the government who are familiar with White House deliberations. Other candidates still in the running include former deputy attorney general George J. Terwilliger III and D.C. Circuit Court of Appeals Judge Laurence H. Silberman, according to the sources, who declined to be identified because of the sensitivity of the discussions.”
In the interim, you could read an appellate brief: As WSJ.com’s “Law Blog” notes in this post today, lawyers for former Enron executive Jeff Skilling have asked the U.S. Court of Appeals for the Fifth Circuit to accept an opening brief for appellant that runs nearly 237 pages. That’s just a little more than 4.28 times the size of the maximum length of an opening brief for appellant that may be filed without the court’s permission. As a result, Skilling’s lawyers have asked the Fifth Circuit for permission to file their longer than normal brief. Stay tuned.
Programming note: I’ve really been enjoying my visit to Atlanta, and this evening a former colleague and I will be heading to Turner Field to watch the Atlanta Braves host the Washington Nationals.
Midday Saturday I’ll be returning home, so additional posts will appear here later tomorrow.