San Diego Padres 4, Philadelphia Phillies 2: I was at Citizens Bank Park in Philadelphia this evening with some friends, to watch the Phillies host the Padres on Toyota Jamie Moyer 2007 NL East Champions Bobble Figurine night.
Moyer, who happened to be this evening’s starting pitcher for the Phillies, recorded his first base hit of the season. Unfortunately, the Phillies did not win the game, and Moyer took the loss. On the bright side, the Phillies are off to their best start in years and are just one-half game out of first place in the National League East.
You can access the box score of tonight’s game at this link, while wraps from MLB.com are available here and here.
Fourth Circuit again reinstates “dirty dancing” plaintiff’s equal protection claim: Back on October 7, 2005, I had a post titled “Allegedly provocative dancer banished, due to her supposedly suggestive moves, from dances held at town’s community center brings federal civil rights claim and wins a portion of her Fourth Circuit appeal from an order dismissing the case” reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued that day.
On remand, following discovery, the federal district court granted summary judgment against the plaintiff on her equal protection claim. Today, however, a unanimous three-judge Fourth Circuit panel, by means of a non-precedential ruling, has reversed the grant of summary judgment and has remanded the case for trial. As a result, it appears that the U.S. District Court for the Western District of North Carolina, at Asheville, will soon need to conduct a “dirty dancing”-related trial. And another Fourth Circuit appeal in this case could result therefrom.
“US murky on judges’ role in reviewing Guantanamo Bay cases”: The Associated Press provides a report that begins, “The Bush administration assured the Supreme Court last December that Guantanamo Bay prisoners who felt they were unfairly being detained could have their cases thoroughly reviewed by a federal appeals court. Now, it’s not so clear.”
“Abortion ultrasound bill fails on tie vote”: The Miami Herald provides a news update that begins, “A proposed law requiring all Florida women seeking an abortion to have an ultrasound — then have a chance to view the image and have it explained to her — failed in a tie vote Wednesday after almost 90 minutes of impassioned debate about privacy, pregnancy and women’s rights that crossed party lines.”
“People of Lesbos take gay group to court over term ‘Lesbian'”: The Associated Press provides a report that begins, “A Greek court has been asked to draw the line between the natives of the Aegean Sea island of Lesbos and the world’s gay women.”
Best wishes to the anonymous author of the “Decision of the Day” blog: As this post from today indicates, the blog may have reached its conclusion.
“Circuit Court will make rare Albany sitting”: The Times Union of Albany, New York today contains an article that begins, “Court junkies, take notice. For the first time in recent memory, the U.S. Court of Appeals for the 2nd Circuit — an appellate court in the federal system — is coming to Albany next month to hear cases.” According to the article, this marks the first time since 1994 or 1995 that the Second Circuit has heard oral argument outside of New York City.
Second Circuit holds that the Protection of Lawful Commerce in Arms Act requires dismissal of New York City’s lawsuit, against manufacturers and wholesale sellers of firearms, seeking injunctive relief to inhibit the diversion of guns into illegal markets: You can access today’s ruling, by a divided three-judge panel, at this link.
At the blog “Wait A Second!” Stephen Bergstein discusses the ruling in a post titled “Statute prohibiting lawsuits against gun industry is constitutional.”
Update: The Associated Press reports that “Appeals court tosses out NYC lawsuit against gun industry.”
“Justices come off the bench to chat; Possibly signaling a new era of openness, Scalia and several court colleagues are granting interviews”: James Oliphant has this article today in The Chicago Tribune.
“Bin Laden’s driver 4th to boycott military trials; Despite a judge’s pleas, Osama bin Laden’s driver Salim Hamdan apologetically declared a boycott of his trial at Guantanamo Bay”: Carol Rosenberg has this article today in The Miami Herald.
The Washington Post reports today that “Guantanamo Detainee Rejects Court Procedure.”
And The New York Times contains an article headlined “An Apologetic Boycott in Good-Natured Banter.”
“Florida abortion bill debate gets hypothetical; The Senate debate over a bill that would require women seeking abortions to first pay for a sonogram turned to hypothetical scenarios”: This article appears today in The Miami Herald.
“Supreme Court is rejecting broad legal challenges; Its ruling on Indiana’s voter ID law signals that the justices want evidence of actual violations of constitutional rights”: David G. Savage has this article today in The Los Angeles Times.
“State Asks Supreme Court to Permit Execution; Defense Objects to Lethal Drug Protocol”: Today in The Washington Post, Robert Barnes has an article that begins, “The U.S. Supreme Court will consider next month whether to allow Virginia to set an execution date for a death row inmate who contends that the commonwealth’s lethal injection procedures do not meet the standards that the court recently found constitutional.”
“Lawyer Urges Canada to Try a Citizen Held by U.S. Forces”: This article appears today in The New York Times.
The Toronto Globe and Mail reports today that “Khadr a typical Canadian, lawyer says; In first appearance before parliamentary committee, defence team pushes for repatriation of Canadian accused of killing U.S. soldier.”
And The Toronto Star contains an article headlined “Canada is Khadr’s ‘only hope’; Accused war criminal wouldn’t be a risk if returned, his U.S. military lawyer tells Commons committee.”
“Judge Dismisses Connecticut’s Challenge to Education Law”: The New York Times today contains an article that begins, “A federal judge has dismissed a closely watched challenge to President Bush’s signature education law, ruling that the State of Connecticut failed to prove that federal officials had forced it to spend its own money to comply with the law’s requirements.”
And The Hartford Courant reports today that “Last Of State’s No-Child Suit Dismissed.”
You can access at this link Monday’s ruling of the U.S. District Court for the District of Connecticut.
“Montana Museum Board Breached Duty, Court Says”: Today’s edition of The New York Times contains an article that begins, “The Montana Supreme Court dismissed on Tuesday the board of the Charles M. Bair Family Museum in Martinsdale, Mont., saying it breached its fiduciary duties by closing the museum in 2002.”
The Billings Gazette reports today that “Board erred in closing Bair museum, high court rules; Ruling orders trustee to replace board members.”
And The Great Falls Tribune reports today that “Ruling will keep Bair home open.”
You can access yesterday’s ruling of the Supreme Court of Montana at this link. In addition, the briefs filed in the case can be accessed via this link.
“Foreign Law and the First Amendment: How British courts threaten free speech in America.” Floyd Abrams has this op-ed today in The Wall Street Journal.
“Judicial Nominee Argued Against Education Dept.” Today in The New York Sun, Joseph Goldstein has an article that begins, “A lawyer who recently argued a case at the U.S. Supreme Court against the city’s Department of Education has been nominated for a federal judgeship in New York.”
And today in The Salt Lake Tribune, Pamela Manson reports that “Bush picks SLC trial lawyer Waddoups for federal judgeship.”
You can view the official announcement of yesterday’s federal judicial nominations at this link.
“Rambus Wins on Shredding Appeal”: law.com provides this report.
And Reuters reports that “Rambus says court sides with it in Samsung suit.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
“Tension Mounts Over U.S. Bench Vacancies; A total of 28 nominees await approval; some deals are being made”: Pamela A. MacLean has this article in this week’s issue of The National Law Journal.
“Kennedy v. Louisiana and the Lessons of a Supreme Court Oral Argument”: Sherry F. Colb has this essay online today at FindLaw.
“Port Authority Liable in 1993 Trade Center Attack”: The New York Times on Wednesday will contain an article that begins, “A state appeals court ruled on Tuesday that the Port Authority was liable for damages caused by the 1993 World Trade Center bombing, because it knew about but chose to ignore ‘an extreme and potentially catastrophic vulnerability that would have been open and obvious to any terrorist who cared to investigate and exploit it.'”
And The Associated Press reports that “Agency loses appeal in 1993 World Trade Center bombing case.”
You can access today’s ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
“State appeals ceded lands ruling to U.S. Supreme Court”: The Honolulu Star-Bulletin provides this news update.
And The Honolulu Advertiser provides a news update headlined “State appeals ceded lands ruling.”
“Sun-Times, Trib ask court to unseal R. Kelly documents, proceedings”: The Chicago Sun-Times today contains an article that begins, “News organizations asked the Illinois Supreme Court on Monday to order a judge to unseal court documents and proceedings in R&B star R. Kelly’s child pornography case.”
“Judge in veil case to issue written ruling; Woman takes case to federal court; lawyer says rights violated”: The Detroit Free Press provides a news update that begins, “A Muslim woman who lost a small-claims suit in Hamtramck district court in 2006 after she refused to remove her religious veil during testimony took her case before a federal judge today, hoping to overturn the district judge’s decision and establish precedent in eastern Michigan courtrooms.”
“A timely reminder from Justice Stevens: Supreme Court’s voter ID ruling underscores high stakes for new president.” Tom Curry, national affairs writer for MSNBC, provides this report.
“Va. Supreme Court to revisit divisive spam case; It upheld convictions but will consider constitutional issue”: The Richmond Times-Dispatch today contains an article that begins, “The Supreme Court of Virginia yesterday agreed to a limited rehearing of its closely divided decision upholding the first felony spam convictions in the country.”
My earlier coverage of the Supreme Court of Virginia‘s original 4-3 ruling in this case, issued February 29, 2008, appears here and here.
Yesterday’s order granting rehearing on specified issues can be accessed at this link.
“O’Connor to hear cases as visiting judge to Hub court; Ex-justice to serve US appeals court”: The Boston Globe today contains an article that begins, “She left the nation’s highest court two years ago, but retired US Supreme Court justice Sandra Day O’Connor evidently still likes to hear lawyers make arguments before her. And where better than Boston to watch members of the bar mix it up? O’Connor is scheduled to serve as a visiting judge today on the US Court of Appeals for the First Circuit at the John Joseph Moakley Courthouse, said Susan Goldberg, deputy circuit executive.”
And today in The Providence (R.I.) Journal, Edward Fitzpatrick reports that “O’Connor back on the bench.”
“Gettysburg trip changed perspective of Supreme Court justice”: Mark Sherman of The Associated Press has a report that begins, “A trip to the Gettysburg battlefield changed Supreme Court Justice David Souter’s perspective on handling difficult cases that inevitably come a judge’s way. In a rare public address Tuesday, Souter admitted that at least one Supreme Court case — he didn’t name it — once prompted him to ask, ‘Why do I have to resolve that case?'”
“Court: FDA should address restaurant calorie listings issue.” The Associated Press provides a report that begins, “A federal appeals court said Tuesday it wants to hear the Food and Drug Administration’s position on whether its rules permit cities to force restaurants to display calorie counts for their menu items.”
“Law Restricting College Aid for Drug Offenders Upheld”: At “The School Law Blog” of Education Week, Mark Walsh has a post that begins, “A federal appeals court has rejected a constitutional challenge to a federal law that restricts, and in some cases bars, students with drug convictions from participation in federal college aid programs.”
You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Terror trials rushed, officer charges; Former Pentagon prosecutor testified that political pressure demanded speedier, less transparent trials”: Carol Rosenberg has this article today in The Miami Herald.
The Washington Post today contains a front page article headlined “From Chief Prosecutor To Critic at Guantanamo.”
And The New York Times reports today that “Ex-Prosecutor Tells of Push by Pentagon on Detainees.”
“Abortion bill heads to vote; The Florida Senate will decide Tuesday whether ultrasound scans should be required for women seeking abortions”: This article appears today in The Miami Herald.
“U.S. admits negligence in detainee’s death”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The federal government has admitted that its negligence was responsible for the death of an illegal immigrant who pleaded during 11 months in custody for treatment for a condition that proved to be terminal penile cancer.”
“High Court Upholds Indiana Law On Voter ID; 6-3 Ruling Calls Measure Reasonable to Fight Fraud”: Robert Barnes has this front page article today in The Washington Post. The newspaper also contains an editorial entitled “Carded at the Polls: Indiana’s voter ID law is ruled constitutional; it’s still a bad solution to a nonproblem.”
Today in The Los Angeles Times, David G. Savage reports that “Voter ID law upheld; The high court’s ruling that a photo can be required is a victory for Republicans.” The newspaper also contains an editorial entitled “Supreme Court OKs voter ID: By upholding the Indiana law, the court tarnishes its record of promoting democracy.”
In USA Today, Joan Biskupic and Richard Wolf report that “Ruling may spur more voter ID laws; Justices uphold Indiana photo requirement.”
James Oliphant of The Chicago Tribune reports that “Indiana voter ID ruling is victory for GOP; Critics fear open door to partisan election rules.”
Warren Richey of The Christian Science Monitor reports that “U.S. high court upholds voter photo I.D.; Monday’s ruling gives a green light to aggressive antifraud efforts often favored by the GOP.”
The Boston Globe reports that “Supreme Court upholds voter ID law; Justices say states can make checks at polling places.”
law.com’s Tony Mauro reports that “Supreme Court Upholds Indiana Voter ID Law.”
The Washington Times reports that “Court upholds requisite ID at voter polls.”
The Indianapolis Star reports that “High court lets state voter ID law stand; 6-3 decision could pave way for similar rules across U.S.”
The Louisville Courier-Journal reports that “Supreme Court backs Indiana’s photo ID law for voters; Justices: Photo rule no big burden.”
The Fort Wayne Journal Gazette reports that “Voter ID law upheld by justices; Decision avoids rush to rewrite statute before May 6 primary.”
The Times of Munster, Indiana reports that “U.S. Supreme Court upholds Voter ID Law.”
Yesterday evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a segment entitled “Ruling on Voter ID Law May Spur Tighter State Regulation” (transcript with links to audio and video) featuring Marcia Coyle.
From National Public Radio, today’s broadcast of “Morning Edition” contained an audio segment entitled “Supreme Court Upholds Indiana’s Voter ID Law” featuring Nina Totenberg. Yesterday evening’s broadcast of “All Things Considered” contained an audio segment entitled “High Court Supports Indiana Voter ID Law” also featuring Nina Totenberg. And yesterday’s broadcast of “Day to Day” contained an audio segment entitled “Supreme Court Approves Voter ID Requirement” featuring Dahlia Lithwick. RealPlayer is required to launch these audio segments.
In commentary, The New York Times contains an editorial entitled “The Court Fumbles on Voting Rights.”
Finally, The Wall Street Journal contains an editorial entitled “Photo Finish,” while John Fund has an op-ed entitled “A Victory Against Voter Fraud.”
