“Senate confirms Chicago judge for Justice post; Senate OKs choice amid torture issues”: Today in The Chicago Tribune, James Oliphant has an article that begins, “Chicago federal Judge Mark Filip was unanimously approved by the Senate on Monday as the Justice Department’s second-ranking official, marking the end of a small-scale odyssey that saw Filip’s nomination tumble into limbo because of continuing tension between Congress and Atty. Gen. Michael Mukasey.”
And today in The Washington Post, Dan Eggen reports that “Senate Confirms New No. 2 for Justice Dept.”
“Preparation for Soon-to-Be Judicial Clerks”: At “The Volokh Conspiracy,” Eugene Volokh has this post asking readers to opine on the best ways to prepare for a judicial clerkship.
“Bill Clinton admits ‘regret’ on crack cocaine sentencing”: Columnist DeWayne Wickham has this op-ed today in USA Today.
And in somewhat related news, The St. Petersburg Times reports today that “Prisoners released on term reductions; The move is enacted to fix disparities in cocaine sentences.”
“Sanity and the Second Amendment: Individuals have a right to bear arms — but not any arms, anywhere.” Law Professor Laurence H. Tribe has this op-ed today in The Wall Street Journal.
“Court may opt to pay fees from Bible suit; Long case over removing book from monument cost $400,000”: This article appears today in The Houston Chronicle.
“Al-Arian Gets Federal Subpoena”: The Tampa Tribune today contains an article that begins, “Less than three months after Sami Al-Arian was released from a federal contempt citation for refusing to testify before a federal grand jury, the Justice Department has informed him he will be called to testify before another grand jury, according to his supporters.”
And The New York Sun reports that “Justice Department Taking Steps To Charge Sami Al-Arian.”
Law Professor Jonathan Turley, one of Al-Arian’s attorneys, yesterday had a blog post titled “The Justice Department Calls Dr. Sami Al-Arian Before Third Grand Jury.”
“Judges Revolt Over Death Penalty; In Brooklyn, U.S. Jurists Are Balking”: Today in The New York Sun, Joseph Goldstein has an article that begins, “A revolt over capital punishment is brewing among Brooklyn’s federal judges, who are appealing to Attorney General Mukasey to stem the rising number of death penalty trials over which they must preside.”
In the March/April 2008 issue of Mother Jones magazine: The publication contains articles headlined “I Was Kidnapped by the CIA: Inside the CIA’s extraordinary rendition program and the bungled abduction of would-be terrorists“; “Am I a Torturer? Ben Allbright watches The Daily Show, worships Dave Eggers–and still wound up ‘softening up’ prisoners in Iraq“; and “The Final Act of Abu Ghraib: A front-row seat at the military scandal’s farcical last trial.”
“Judge faces new charge; Misconduct case postponed as Allen accused of making false statements”: The Pensacola News Journal today contains an article that begins, “Judge Michael Allen faces new charges of making false statements in the judicial misconduct case against him that continues to reveal a poisoned atmosphere at the 1st District Court of Appeal. Broward County Judge Paul Backman, chairman of the Judicial Qualifications Commission hearing panel, put off Allen’s hearing, originally scheduled for March 10, in light of the new charges.”
You can view the Amended Notice of Formal Charges, filed yesterday, at this link. And you can view all of the other filings in the judicial disciplinary proceeding via this link.
My most recent earlier coverage of this matter appeared last month in this lengthy post.
“The Supreme Court Takes a Broad Approach in Interpreting the Age Discrimination in Employment Act: A Surprising Opinion from a Formalistic Court.” Joanna Grossman has this essay online today at FindLaw.
“Court Allows Suit Against Drug Maker”: Linda Greenhouse will have this article Tuesday in The New York Times.
“A Wave of the Watch List, and Speech Disappears”: Tuesday’s edition of The New York Times will contain this new installment of Adam Liptak’s “Sidebar” column.
Available online from law.com: Tony Mauro has an article headlined “At Issue in ‘Exxon’ Case: How Decisive Is Stare Decisis? Justice Breyer’s opinion in the ‘Sand’ case may play a big role in how the Court decides the suit against the oil giant.”
An article reports that “Feds Ordered to Try Again on Bonds Perjury Indictment.”
And this week’s installment of my “On Appeal” column is headlined “Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court.”
“Supreme Court defers action on TV ‘expletives’ case”: David G. Savage of The Los Angeles Times has this news update.
“Congress Negotiates FISA Renewal”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR’s “Talk of the Nation.”
Reuters is reporting: Now available online are articles headlined “Pfizer Rezulin Case to Proceed; U.S. Court Deadlocks” and “Justices reject appeal by Adelphia founder, son.”
Following an answer from New York State’s highest court regarding personal jurisdiction in this “libel tourism” challenge, the Second Circuit affirms the dismissal of the lawsuit captioned Ehrenfeld v. Mahfouz: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
My detailed coverage of the Second Circuit’s initial ruling in this appeal, which among other things certified a question to New York State’s highest court, can be accessed here.
In December 2007, the Court of Appeals of New York — that State’s highest court — issued its ruling in response to the certified question. My coverage of that ruling appears in posts you can access here and here.
“Recusal Is Poison Pill for Drug Case”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
The Associated Press is reporting: Now available online are articles headlined “Court Leaves Diabetes Drug Case Intact” and “Court Rejects Rigas Appeal.”
“No new grants; ruling on tax evasion”: Lyle Denniston has this post at “SCOTUSblog.”
The U.S. Supreme Court today issued two decisions in argued cases.
In Warner-Lambert Co. v. Kent, No. 06-1498, a case argued on Monday of last week, the decision under review was affirmed by an equally divided Court. You can access the per curiam affirmance at this link and the oral argument transcript at this link. The folks at the “Drug and Device Law” blog were only off by one vote in their prediction posted yesterday.
The Court’s other ruling in an argued case issued today in Boulware v. United States, No. 06-1509. You can access Justice David H. Souter’s opinion for a unanimous Court at this link and the oral argument transcript at this link.
You can access today’s Order List at this link. Although there were no cases granted review today, the Court did request the views of the Solicitor General’s Office on two cases.
“The Legacy of Thurgood Marshall”: You can access Saturday’s broadcast of C-SPAN’s “America and the Courts” by clicking here (RealPlayer required). C-SPAN has also posted online the entire panel discussion (RealPlayer required).
“State Supreme Court takes up same-sex marriage”: Bob Egelko has this article today in The San Francisco Chronicle.
And today in The Los Angeles Times, Law Professor Nancy D. Polikoff has an op-ed entitled “Marriage isn’t the half of it: Laws should grant the same rights to all of today’s families.”
“Forget that day in court: Thanks to tort reform, closed-door arbitration instead of courtroom hearings are becoming more common.” Peggy Garrity has this op-ed today in The Los Angeles Times.
“Patients’ ability to sue at risk; Justices could shield FDA-backed drugs from suits, as they did for devices; Critics say the agency is fallible”: This article appears today in The Los Angeles Times.
“Time for a Shield Law: Reporters and their sources need protection.” The Washington Post contains this editorial today.
“Deal Close on Wiretap Law, a Top Democrat Tells CNN”: This article appears today in The New York Times.
“Black, ever hopeful of acquittal, buries the hatchet in old quarrels”: Today’s edition of The Toronto Globe and Mail contains a front page article that begins, “As he prepared to go to jail today, Conrad Black has been making peace with some former foes.” The newspaper also contains a related article headlined “‘Ready for anything that lies ahead’; Asked by e-mail yesterday about rumours that he was on antidepressants, Black replied, ‘Never.’”
CBC News reports that “Black set to report to prison; ‘I expect it to be somewhat boring,’ Black says.”
And in The New York Sun, Conrad Black has an op-ed entitled “My Faith in American Justice.”
“A Chance to Determine the Fourth Amendment Limits On Search Incident to Arrest: The U.S. Supreme Court Grants Review in Arizona v. Gant.” Sherry F. Colb has this essay online today at FindLaw.
“Some crack convicts could soon be set free”: CNN.com provides a report that begins, “New sentencing guidelines were expected to lead Monday to the early release of more than a dozen federal inmates convicted on crack-cocaine charges. Approximately 1,600 federal inmates are currently eligible to ask a court to reduce their sentences because of December’s decision by a federal agency to make retroactive reduced sentences for some crack-cocaine related convictions.”
And Doug Berman, at his “Sentencing Law and Policy” blog, has a post titled “New lower USSC crack guidelines now officially retroactive.”
“Horrifying and Unnecessary”: The New York Times today contains an editorial that begins, “In the next few days President Bush is expected to again claim the right to order mistreatment of prisoners that any civilized person would regard as torture.”
“Bush Judicial Nominees – Torture, Alice in Wonderland, Shoplifting, Ethics and more.” Glenn Sugameli has this guest post at “ACSBlog.”
“Court upholds whale protection in Navy exercises”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court has ruled that the Navy must protect endangered whales from the potentially lethal effects of underwater sonar during anti-submarine training off the Southern California coast, rejecting President Bush’s attempt to exempt the exercises from environmental laws.”
And The Los Angeles Times reports today that “Court holds Navy to rules safeguarding marine mammals; Appellate panel backs a lower court decision but allows a 30-day reprieve from the toughest rules so sonar training can go forward.”
Late Friday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion and an order in this matter.
“Bush Moves to Shield Telecommunications Firms”: Dan Eggen and Ellen Nakashima have this article today in The Washington Post.
“In letter, ABA criticizes trials of 9/11 detainees; The American Bar Association’s letter to President Bush contends that the detainees held in Guantanamo will not receive fair trials”: Carol Rosenberg has this article today in The Miami Herald.
You can view the letter at this link.
“Oil and water”: ABC News correspondent Jan Crawford Greenburg has this post about last week’s oral argument in the Exxon Valdez case at her “Legalities” blog.
