Available online from law.com: An article reports that “Newdow’s Pledge Arguments Get New Recital Before 9th Circuit.”
And in other news, “New York State Denied Authority Over National Banks.” My earlier coverage of today’s Second Circuit ruling appears at this link.
“Supreme Court casts doubts on Jeff death row trial”: The Times-Picayune of New Orleans provides a news update that begins, “Some U.S. Supreme Court justices reacted with skepticism to a Jefferson Parish prosecutor’s argument Tuesday that all five black members of a jury pool were disqualified from a 1996 murder trial for nonracial reasons and that the prosecution’s reference to the acquittal of O.J. Simpson wasn’t designed to incite the all-white jury to impose the death penalty.”
“Supreme Court Hears Medical Device Case”: Linda Greenhouse will have this article Wednesday in The New York Times.
“Gitmo returns to high court; Detainees seek right to challenge status”: James Oliphant will have this article Wednesday in The Chicago Tribune.
Wednesday in The Austin American-Statesman, Chuck Lindell will report that “UT students take part in high court debate; Law school clinic helps develop Guantanamo detainee arguments.”
BBC News provides a report headlined “Supreme Court showdown on detainees.”
Mother Jones provides an article headlined “From Sarajevo to Guantanamo: The Strange Case of the Algerian Six.”
And The Washington Post on Wednesday will contain an editorial entitled “Their Day in Court: Guantanamo lawyers make the case for a tenet of American law.”
“Senate Judiciary Dems push contempt motion”: The Hill on Wednesday will contain an article that begins, “Senate Judiciary Committee Democrats are pushing forward with a resolution holding the White House in contempt of Congress for failing to comply with their subpoenas for information and testimony related to the firings of several U.S. attorneys.”
“Guantanamo headache faces next president; Democrats would shut detention site, but detainees remain a problem”: Tom Curry, national affairs writer for MSNBC, provides this report.
“Death row inmate’s sentence upheld; The 9th Circuit rejects arguments that Kevin Cooper was framed in the brutal murders of four people in Chino Hills”: Henry Weinstein of The Los Angeles Times provides this news update.
My earlier coverage of today’s Ninth Circuit ruling appears at this link.
“Federal Court Hears Pledge, Motto Cases”: The Associated Press provides this report.
On this evening’s broadcast of NPR’s “All Things Considered“: The broadcast contained audio segments entitled “Court Hears Case on Black Murder Suspect’s Jury” (featuring Nina Totenberg) and “High Court on Guantanamo: Two Views” (featuring Law Professors David Cole and John Yoo).
RealPlayer is required to launch these audio segments.
In jurisprudence essays available online at Slate: Emily Bazelon has an essay entitled “Don’t Know Much About History: But in the Gitmo cases, that won’t stop the Bush administration from claiming it’s on their side.”
And Law Professor Neal Katyal has an essay entitled “On the Ground at Guantanamo: While the Supreme Court ponders, a real trial begins.”
“Race to the Bottom: The Supreme Court takes on the O.J.-obsessed prosecutor.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.
“Former teacher Debra Lafave arrested”: The St. Petersburg Times provides this news update.
The Tampa Tribune has a news update headlined “Lafave Charged With Probation Violation.”
And CNN.com reports that “Former teacher who had sex with student back in trouble.”
You can view the violation report at this link.
“Key Guantanamo cases hit Supreme Court; The high court hears two cases Wednesday that challenge the basic US terms of detention at the prison camp”: Warren Richey will have this article Wednesday in The Christian Science Monitor.
“Padilla sentencing hearing postponed”: The Miami Herald provides this news update.
And The Associated Press reports that “Padilla Sentencing Reset for Jan.”
“Judges appear divided on latest challenge to students reciting Pledge”: Howard Mintz of The San Jose Mercury News provides an update that begins, “A federal appeals court today appeared divided over the latest legal challenge to the Pledge of Allegiance in public schools. In an hour of legal sparring and occasional musings about the meaning of God in public life, a three-judge panel of the 9th U.S. Circuit Court of Appeals heard the case of Sacramento atheist Michael Newdow, who argues that the pledge in schools is unconstitutional because it contains the phrase ‘under God.'”
Access online the transcripts of today’s oral arguments before the U.S. Supreme Court: The transcript in Riegel v. Medtronic, Inc., No. 06-179, can be accessed here.
And the transcript in Snyder v. Louisiana, No. 06-10119, can be accessed here.
“Supreme Court to Hear ‘O.J. Revenge’ Case”: This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR’s “Day to Day.”
“Court Hears Prosecutor’s ‘OJ’ Case”: Mark Sherman of The Associated Press provides this report.
And at “SCOTUSblog,” Lyle Denniston has a related post titled “Trial judges on trial?”
Unanimous three-judge Ninth Circuit panel rejects California death row inmate Kevin Cooper’s latest attempt to prove his supposed innocence: You can access today’s ruling at this link.
The reason the first page of the 35-page PDF file containing today’s Ninth Circuit ruling states that the ruling consists of four volumes is that the official copy of the ruling includes as an attachment the 159-page federal district court decision that today’s ruling affirms.
To what extent, if any, may a state Attorney General investigate evidence of possible racial discrimination in the residential real estate lending practices of several national banks and their operating subsidiaries? A partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling today.
The case involves the New York State Attorney General’s appeal from a federal district court’s rulings that permanently enjoined him from investigating national banks and their operating subsidiaries for possible violations of federal and state fair lending laws.
Second Circuit affirms federal criminal convictions against former mayor of Bridgeport, Connecticut: You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Court Sends Summons to Mickey Mouse”: The Associated Press provides a report that begins, “Your honor, I thought I saw a pussycat! Tweety may finally air his signature complaint in front of a judge, after an Italian court ordered the animated canary along with Mickey Mouse, Donald Duck and his girlfriend Daisy to take the witness stand in a counterfeiting case.”
“Supreme Court turns down ‘for sale’ case; Appeals-court ruling against Glendale’s sign ban stands”: This article appears today in The Cincinnati Enquirer.
“Court Rules for Railroads in GA Case”: The Associated Press provides this report.
“Court rules on armed career criminal law”: Lyle Denniston has this post at “SCOTUSblog” reporting on today’s two opinions in argued cases.
Today’s first ruling of the U.S. Supreme Court comes in the case of Logan v. United States, No. 06-6911, argued October 30, 2007. You can access the opinion at this link and the oral argument transcript at this link.
The Court today also issued its ruling in CSX Transportation, Inc. v. Georgia State Bd. of Equalization, No. 06-1287, argued on November 5, 2007. You can access the opinion at this link and the oral argument transcript at this link.
“Pledge, Motto Cases to Be Heard by Court”: The Associated Press provides this report.
Michael A. Newdow will argue two appeals today before the U.S. Court of Appeals for the Ninth Circuit: And one of the judges on the three-judge panel that will hear and decide both appeals joined in the Ninth Circuit’s previous decision holding that it’s unconstitutional to include “under God” in the Pledge of Allegiance when spoken in public school.
Today’s appeals challenge not only that aspect of the Pledge but also the use of “In God We Trust” on money and as this Nation’s motto. My recent detailed preview of both of today’s oral arguments can be accessed here.
“Court: Iowa Can’t Fund Prison Ministry; Judges Find Rehabilitation Program Unconstitutional Without Secular Option.” This article appears today in The Washington Post.
The New York Times reports today that “Court Bars State Effort Using Faith in Prisons.”
And The Des Moines Register reports that “Court says public cannot pay for Christian prison program.”
My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.
“Web search for nudity is ruled ‘fair use’; A federal appeals court says Google can display tiny photos in search results, even when the images are copyrighted”: The Los Angeles Times today contains an article that begins, “The U.S. 9th Circuit Court of Appeals on Monday reaffirmed its earlier support for the socially redeeming value of searching the Internet for nudie pictures.”
You can access yesterday’s amended ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
No seals and cross for U.S. Supreme Court: The Los Angeles Times reports today that “High court won’t hear seal lawsuit; A three-year battle to restore a cross to the county emblem ends as federal justices decline to take up the case.”
“Wacky tabacky case: Garden Grove police are ordered to return a suspect’s marijuana; But the ruling is not as strange as it sounds.” The Los Angeles Times contains this editorial today. My earlier coverage appears at this link.
“Nevada man is guilty of killing trees; Douglas Hoffman, 60, of Henderson faces up to 35 years in prison for destroying hundreds of trees that blocked his view of the Strip”: This article appears today in The Los Angeles Times. I’m pleased to report that the defendant is not a federal appellate judge (but see here, here, and here).
“Rogan may be denied seat on federal bench; Boxer says she intends to block the former GOP congressman”: David G. Savage has this article today in The Los Angeles Times.
The Associated Press reported last week that “Boxer blocking former Rep. Rogan nomination to federal judiciary.”
And in somewhat related news, last Thursday’s issue of The Washington Post reported that “Impeachment Is So Yesterday for Clinton, Rogan.”
“Now Online, a Guide to Detainee Treatment”: The Washington Post today contains an article that begins, “As the Supreme Court prepares to hear arguments this week on the rights of enemy combatants at Guantanamo Bay, Cuba, the public is getting another peek at how detainees have been treated there.”
I previously linked to the guide in this earlier post from mid-November 2007.
“Justices Express Skepticism in a Discrimination Case”: In today’s edition of The New York Times, Linda Greenhouse has an article that begins, “Beneath the surface of a Supreme Court argument on Monday in a case of job-related age discrimination was a surprising question: has the Supreme Court drifted so far toward the employer’s side in job discrimination cases that it is now to the right of the Bush administration?”