“Justices Rebuff Bush and World Court; Powers Limited in Texas Death Case”: Robert Barnes has this front page article today in The Washington Post.
Today in The New York Times, Linda Greenhouse reports that “Justices Block New Hearing for Mexican.”
In The Los Angeles Times, David G. Savage reports that “Supreme Court rules Bush exceeded his powers; Saying he does not have ‘unilateral authority’ to force states to comply with an international treaty, justices vote 6-3 to reject presidential order to reopen cases of foreign nationals.” The newspaper also contains an editorial entitled “Supreme Court doesn’t mess with Texas; The high court properly rebuked Bush; But it should have given a Mexican man his day in court.”
In USA Today, Joan Biskupic reports that “High court rejects Bush action in Mexican’s death row case.”
Charlie Savage of The Boston Globe reports that “Court rebukes Bush in death penalty case; Conservatives check expansion of executive power.”
Warren Richey of The Christian Science Monitor reports that “Supreme Court rules against Bush in death-row case; A 6-to-3 majority said the president can’t order a state court to abide by an international court ruling.”
Patti Waldmeir of Financial Times reports that “Top US court at odds with Bush over his powers.”
law.com’s Tony Mauro reports that “Supreme Court Sides With Texas in Dispute With Bush; High court’s 6-3 decision drew strong reaction on both sides.”
The Washington Times reports that “Court says Bush stretched powers.”
The Houston Chronicle reports that “Supreme Court trumps executive power; President can’t force a new trial for Mexican in 1993 murders, the justices find.”
The San Antonio Express-News reports that “Justices rule foreigners can be executed.”
The Fort Worth Star-Telegram reports that “Court rules against Bush in Texas death-penalty case.”
The Dallas Morning News contains an article headlined “Supreme Court: No new hearing for Texas death row inmate.”
From National Public Radio, yesterday evening’s broadcast of “All Things Considered” contained an audio segment entitled “States Not Subject to All Treaties, High Court Rules” featuring Nina Totenberg. And today’s broadcast of “Morning Edition” contained an audio segment entitled “High Court Rejects Bush Assertion on U.S. Treaties” also featuring Nina Totenberg. RealPlayer is required to launch these audio segments.
And yesterday’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a segment entitled “Court Overrules President Bush in Texas Case, Weighs Detainee Rights” (transcript with links to audio and video) featuring Marcia Coyle.
“Court Strikes Down State Law Protecting Fliers”: This article appears today in The New York Times.
Joseph Goldstein of The New York Sun reports today that “Judges Ground N.Y.’s Airline Regulation Law.”
The Washington Post reports that “Court Rejects Air Travelers Bill of Rights; Appeals Panel Rules Against N.Y. Law Saying States Cannot Regulate Airlines.”
Bob Egelko of The San Francisco Chronicle reports that “N.Y.’s Passenger Bill of Rights struck down.”
USA Today reports that “Air passenger rights law struck down; Federal court says states don’t have such authority.”
Newsday reports that “State airline passenger bill of rights struck down.”
Bloomberg News reports that “Air Traveler ‘Bill of Rights’ Downed by Appeals Court.”
Reuters reports that “U.S. court rejects airline passengers rights law.”
And law.com reports that “2nd Circuit Strikes Down N.Y. ‘Passenger Bill of Rights.’”
My earlier coverage of yesterday’s Second Circuit ruling appears at this link.
“9th Circuit Pulls Judge Off Case, Accusing Him of ‘Biased Interventions’; U.S. District Judge Manuel L. Real has been removed from at least seven other cases in the past”: Pamela A. MacLean of The National Law Journal provides this report.
My earlier coverage of last week’s Ninth Circuit ruling appears at this link.
“Yale Law School nabs Linda Greenhouse after Times departure”: The Yale Daily News provides this news update.
And Yale Law School today issued a news release headlined “Linda Greenhouse Returning To Yale Law School in 2009 as Journalist-in-Residence” (via “LawBeat“).
“Foreign Courts Wary of U.S. Punitive Damages”: Adam Liptak has this article today in The New York Times.
“Ruling on Mercury Emissions Is Appealed”: The Associated Press provides a report that begins, “The Bush administration has appealed a court ruling that the Environmental Protection Agency violated the federal Clean Air Act when it issued less stringent requirements to reduce mercury releases from power plants. The Justice Department, on behalf of the EPA, asked that the full Court of Appeals for the District of Columbia Circuit reconsider the ruling in a lawsuit brought by New Jersey and 16 other states.”
“Supreme Court presses Crown on Khadr”: The Toronto Globe and Mail provides a news update that begins, “Several Supreme Court of Canada justices applied strong pressure to a federal lawyer this morning to reveal what U.S. authorities were given confidential information about accused terrorist Omar Khadr.”
The Toronto Star provides a news update headlined “Ottawa fights Khadr ruling; Supreme Court justices pepper government lawyer with questions.”
The Canadian Press reports that “Khadr’s lawyers hopeful top court will aid in defence against U.S. charges.”
CBC News reports that “Top court reserves judgment on release of Khadr transcripts; Canada ‘took advantage’ of Khadr at Guantanamo Bay, lawyer says.”
Canwest News Service reports that “Wrong court for Khadr disclosure arguments, government says.”
The Associated Press reports that “Guantanamo Argued in Canada’s High Court.”
And Reuters reports that “Canada court told of Guantanamo rights violations.”
Access online the transcripts of today’s U.S. Supreme Court oral arguments: You can access the transcript of today’s oral argument in Indiana v. Edwards, No. 07-208, at this link. And you can access the transcript of today’s oral argument in Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., No. 07-312, at this link.
In news coverage, Mark Sherman of The Associated Press reports that “Court Hears Mentally Ill Defendant Case.”
The Indianapolis Star provides a news update headlined “Court hears Ind. self-representation case.”
From National Public Radio, this evening’s broadcast of “All Things Considered” contained an audio segment entitled “Justices Weigh Definitions of Competency” featuring Nina Totenberg. And today’s broadcast of “Day to Day” contained an audio segment entitled “Supreme Court Hears Schizophrenia Case” featuring Lyle Denniston. RealPlayer is required to launch these audio segments.
And at “SCOTUSblog,” Lyle Denniston has a post titled “Competency and the criminal trial.”
“About Face: The Roberts Court Sets the Stage for Shrinking Voting Rights, Putting Poor and Minority Voters Especially In Danger.” Law Professor Richard L. Hasen, author of the “Election Law” blog, has this essay online today at FindLaw.
Programming note: I will be in court again today on a client matter. “SCOTUSblog” will provide timely coverage of any opinions that the U.S. Supreme Court issues today.
An internet outage at home prevented updates to this blog last night. Hope springs eternal for tonight, however.
The Supreme Court of the United States today issued two decisions in argued cases: The Court today issued decisions in the following two cases —
1. In Medellin v. Texas, No. 06-984, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court, in which Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice John Paul Stevens issued an opinion concurring in the judgment. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices David H. Souter and Ruth Bader Ginsburg joined. You can access the opinion at this link and the oral argument transcript at this link.
2. And in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989, Justice Souter delivered the opinion of the Court, in which the Chief Justice and Justices Thomas, Ginsburg, and Alito joined in full and in which Justice Scalia joined in large measure. Justice Stevens issued a dissenting opinion, in which Justice Kennedy joined. And Justice Breyer also issued a dissenting opinion. You can access the opinion at this link and the oral argument transcript at this link.
In news coverage from The Associated Press, Mark Sherman reports that “Court Backs Texas in Dispute With Bush.” And Pete Yost reports that “High Court Rules in Arbitration Case.”
Robert Barnes of The Washington Post provides a news update headlined “Court Backs Texas in Dispute With Bush.”
David G. Savage of The Los Angeles Times provides a news update headlined “Supreme Court rejects Bush’s claim on death cases; In a case that pitted the president against his home state of Texas, the high court rules that he does not have the authority to order new hearings for Mexican nationals.”
Dave Montgomery of McClatchy Newspapers has a report headlined “Supreme Court: Bush can’t order hearing for condemned Mexican.”
James Vicini of Reuters reports that “Court rules against Bush, Mexican on death row.”
Greg Stohr of Bloomberg News reports that “U.S. High Court Denies Hearing to Death Row Mexicans.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “States win over President on criminal law issue.”
“Court Overturns Air Passenger Rights Law”: The Associated Press provides a report that begins, “A federal appeals court Tuesday struck down a state law requiring airlines to give food, water, clean toilets and fresh air to passengers stuck in delayed planes, saying the measure was well-intentioned but stepped on federal authority. The 2nd U.S. Circuit Court of Appeals said New York’s law – the first of its kind in the country – interferes with federal law governing the price, route or service of an air carrier.”
You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Programming note: I will be in court today on a client matter. “SCOTUSblog” will provide timely coverage of any opinions that the U.S. Supreme Court issues today.
“2 opposing views of cyclist in BALCO case”: Lance Williams has this article today in The San Francisco Chronicle.
“At Supreme Court: Americans accused in Iraq want U.S. judge; Key issue: Do citizens held by the US military in a foreign war have constitutional protections?” Warren Richey has this article today in The Christian Science Monitor.
Today in USA Today, Joan Biskupic reports that “Justices to hear dispute on U.S. citizens captured in Iraq; Two men seek court access to challenge their detention.”
And Mark Sherman of The Associated Press reports that “Americans Held in Iraq Head to Court.”
“Justices to Weigh Search and Consent”: Linda Greenhouse has this article today in The New York Times.
And today in The Los Angeles Times, David G. Savage reports that “Supreme Court allows retiree benefit cuts; Employers may coordinate with Medicare on healthcare provisions for seniors; An AARP legal challenge is turned away.”
Available online from law.com: An article is headlined “9th Circuit: County Can’t Use RICO to Sue Companies for Hiring Illegal Aliens.”
Shannon P. Duffy has an article headlined “3rd Circuit: Final Judgment No Prerequisite for Attorney Fees.”
And in other news, “11th Circuit Demands Sanctions in Libel Suit; Panel says district judge erred in not sanctioning the plaintiffs in their failed suit.”
“Consensus on Counting the Innocent: We Can’t.” Tuesday’s installment of The New York Times will contain this new installment of Adam Liptak’s “Sidebar” column.
It begins, “A couple of years ago, Justice Antonin Scalia, concurring in a Supreme Court death penalty decision, took stock of the American criminal justice system and pronounced himself satisfied. The rate at which innocent people are convicted of felonies is, he said, less than three-hundredths of 1 percent — .027 percent, to be exact.”
“S.C. inmate’s Supreme Court win earns him criminal probe”: Michael Doyle of McClatchy Newspapers provides this report.
“Courthouse’s bold art draws a mixed verdict; Not all see worth in valuable works”: The Boston Globe today contains an article that begins, “To the untutored eye, they are simply huge rectangular panels – reds, yellows, blues, greens – that have hung like oversized Post-it Notes on the walls of the cavernous federal courthouse since it opened a decade ago. Hundreds of people pass them daily; few seem to notice. In fact, the fiberglass-and-aluminum panels are among the most valuable works of art in Boston by a living artist, commissioned at a cost of $800,000 in tax dollars, and probably worth millions today. The revelation usually leaves visitors to the John Joseph Moakley courthouse incredulous or bemused.”
“Cyclist’s trial foreshadows Bonds’ case”: Today in The San Francisco Chronicle, Lance Williams has an article that begins, “Caught up in the BALCO steroids scandal, an elite athlete adamantly denies using banned drugs, then mounts an aggressive defense to a perjury indictment. It sounds like the case of former Giants slugger Barry Bonds, accused of lying under oath to the federal grand jury that investigated Burlingame’s Bay Area Laboratory Co-Operative steroid ring in 2003. Instead, starting today in federal court in San Francisco, a lesser-known American sports champion – Tammy Thomas, a onetime star of bicycle track racing – goes on trial, charged with perjury and obstruction of justice. Her case is of interest because it amounts to a dress rehearsal for the trial of Bonds, which may get under way later this year.”
Seventh Circuit affirms federal death sentence imposed on a criminal defendant who, while robbing a bank, murdered two people: You can access today’s ruling at this link.
Access online the transcript of today’s U.S. Supreme Court oral arguments: The Court today heard oral argument in three cases. You can access the transcript in Burgess v. United States, No. 06-11429, at this link. You can access the transcript in United States v. Clintwood Elkhorn Mining Co., No. 07-308, at this link. And you can access the transcript in Riley v. Kennedy, No. 07-77, at this link.
In news coverage, The Associated Press reports that “High Court Tackles Ala. Voting Case.”
And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “A Trifecta and a Sprint at the Supreme Court.”
“Agee deserves quick confirmation”: Law Professor Carl Tobias has this op-ed today in The Roanoke Times.
“With the Supreme Court Poised to Redefine the Right to Bear Arms, Far-Reaching Questions Loom”: Michael C. Dorf has this essay online today at FindLaw.
Access online today’s Order List of the U.S. Supreme Court: It is available online at this link.
In news coverage, Pete Yost of The Associated Press reports that “Justices to Hear Warrantless Search Case.” The AP also reports that “Court Takes Firearms Possession Case“; “Court Allows Inmates to Get Abortions“; “Court Turns Down Anti-Clinton Group“; and “High Court Declines AARP Appeal.”
David G. Savage of The Los Angeles Times provides a news update headlined “U.S. Supreme Court allows employers to reduce health benefits for older retirees; The AARP had argued that reducing benefits for Medicare-eligible retirees amounted to age discrimination; The Supreme Court disagreed.”
Greg Stohr of Bloomberg News reports that “Top U.S. Court Won’t Question NYSE Immunity in Suit.”
At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Saucier Than Usual, the Supreme Court Tackles a Precedent.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Court rejects campaign ad case.”
Programming note: I will be in court today on a client matter. “SCOTUSblog” will provide timely coverage of today’s U.S. Supreme Court Order List and oral arguments.
“Chill the Press: A judge’s harsh penalty could limit the public’s right to know.” The Washington Post contains this editorial today.
“Imprisoned in Iraq: The Supreme Court will decide if two U.S. civilians charged under Iraqi law may appeal to U.S. courts.” This editorial appears today in The Washington Post.
“Out of Guantanamo and Bitter Toward Bin Laden”: The Washington Post contains this article today.
“Wisconsin Bar Brawl: The trial bar wants to own the state Supreme Court.” This editorial appears today in The Wall Street Journal.
Joseph Goldstein of The New York Sun is reporting: In today’s newspaper, he has articles headlined “A Court Sheds New Light on Terror Probe; 4th Circuit Weighs Role and Power of Prosecutors” and “Brooklyn Trial of Drug Dealer May Constitute Double Jeopardy.”
“Photographing Legs Is Not Sexual Harassment”: The Korea Times provides a report that begins, “Does taking a picture of the legs of a woman in a miniskirt constitute sexual harassment or not? The nation’s top court said, ‘No.’ The Supreme Court acquitted a man of charges that he sexually harassed a young woman by taking a picture of her legs on the subway last December.”
And The Chosun Ilbo reports that “Supreme Court Acquits Peeping Tom.”
“Clarence Thomas Is Not ‘Mr. Constitution'”: Law Professor Cass R. Sunstein has this post today at The New Republic’s “Open University” blog.
“Bargain Basement Judiciary”: Today in The Washington Post, columnist George F. Will has an op-ed that begins, “On New Year’s Day, Chief Justice John Roberts, pursuant to his duty to report annually on the condition of the federal judiciary, issued a short and persuasive plea. It was lost in the cacophony of political news.”
