“Obama on judges: Protect the powerless.” James Oliphant has this post at “The Swamp” blog of The Chicago Tribune.
Posted at 8:45 AM by Howard Bashman|
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Friday, May 9, 2008
“Obama on judges: Protect the powerless.” James Oliphant has this post at “The Swamp” blog of The Chicago Tribune. Posted at 8:45 AM by Howard Bashman“Court orders American Indian to trial for shooting eagle”: A more detailed report from The Associated Press on an interesting decision that Tenth Circuit Judge Michael W. McConnell issued yesterday refers to RFRA as the “Religious Freedom Restitution Act.” My earlier coverage of the ruling appeared yesterday at this link. Posted at 8:42 AM by Howard Bashman“Bush nominates Va. judge to fill vacancy on 4th Circuit”: The Associated Press provides a report that begins, “A federal judge in Virginia is President Bush’s pick to fill one of several vacancies on the 4th U.S. Circuit Court of Appeals, widely viewed as the most conservative federal appellate bench in the country. The White House announced Thursday that Bush had nominated Glen E. Conrad to the Richmond, Va.-based appeals court, which has handled some of the country’s biggest terrorism cases. Conrad has been a judge on the U.S. District Court for the Western District of Virginia since 2003. If confirmed by the Senate, Conrad would fill the seat of H. Emory Widener Jr., who died last year.” You can access Judge Conrad’s Federal Judicial Center biography at this link, while the official announcement of the nomination can be accessed here. Yesterday’s nomination means that there are two U.S. District Judges with the last name Conrad whose nominations to the U.S. Court of Appeals for the Fourth Circuit are now pending before the U.S. Senate. On July 17, 2007, President Bush nominated Chief Judge Robert J. Conrad, Jr. of the U.S. District Court for the Western District of North Carolina to the Fourth Circuit. Posted at 8:33 AM by Howard BashmanThursday, May 8, 2008
“Republicans on the Senate Judiciary Committee on Wednesday closely questioned the qualifications, driving record and tax-payment history of a Michigan judge nominated to the federal court of appeals that hears cases for Michigan and other Midwestern states.” So begins this article published today in The Detroit News. You can now access by clicking here (RealPlayer required) the video of yesterday’s hearing of the Senate Judiciary Committee for Sixth Circuit nominees Helene N. White and Raymond M. Kethledge. Update: In other news coverage, Neil A. Lewis of The New York Times reports that “White House and Democrats Move on Ohio Court Plan.” Posted at 10:40 PM by Howard BashmanTenth Circuit holds that the Religious Freedom Restoration Act does not preclude the federal government from prosecuting a member of the Northern Arapaho Tribe of Wyoming who shot a bald eagle for use in the tribe’s traditional religious ceremony: Circuit Judge Michael W. McConnell was the author of today’s unanimous, 44-page opinion. Today’s ruling holds that “the Eagle Act and its regulations are the least restrictive means of pursuing the government’s compelling interest in preserving the bald eagle.” In news coverage, The Associated Press reports that “Court rules against man in bald eagle-religion case.” Posted at 10:27 PM by Howard Bashman“This case calls on us to address whether veterans who served on ships off the coast of Vietnam during the Vietnam War served ‘in the Republic of Vietnam’ and thus are entitled to the presumption of service connection if they suffer from one of the listed diseases.” A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit today issued this ruling in a case involving claims for Agent Orange-related disability compensation. Today’s opinion explains that “[b]y regulation, the Department of Veterans Affairs has interpreted the phrase ‘served in the Republic of Vietnam’ to mean that the veteran’s service must have involved ‘duty or visitation’ in the Republic of Vietnam in order for the veteran to be entitled to the statutory presumption of service connection.” The Court of Appeals for Veterans Claims, however, rejected the agency’s interpretation as unduly restrictive. In the decision issued today, the majority holds that “the agency’s requirement that a claimant have been present within the land borders of Vietnam at some point in the course of his duty constitutes a permissible interpretation of the statute and its implementing regulation, and we therefore reverse the judgment of the Veterans Court.” Posted at 3:57 PM by Howard Bashman“Court Issues Split Decision In Lucent-Microsoft Dispute”: Dow Jones Newswires provide this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 3:48 PM by Howard Bashman“McCain’s half-truths about judges”: Columnist Linda P. Campbell has this op-ed today in The Fort Worth Star-Telegram. And online at The American Spectator, Quin Hillyer has an essay entitled “Judging McCain.” Posted at 3:15 PM by Howard BashmanProgramming note: I’m among the parents who will be accompanying my son’s Latin class on a school trip today. Additional posts will appear here this afternoon. Posted at 7:42 AM by Howard Bashman“Court rules deal violated BP blast victims’ rights; $50 million fine in plea bargain for refinery deaths yet to be approved”: Today in The Houston Chronicle, Mary Flood has an article that begins, “A federal appeals court ruled Wednesday that the rights of victims of the 2005 BP explosion in Texas City were violated by Houston federal prosecutors and a judge, but the plea bargain they object to remains on the table.” Update: You can access yesterday’s Fifth Circuit ruling at this link. Posted at 7:40 AM by Howard Bashman“GOP slows approval for judgeships; 3 Michigan nominees face tough questions from U.S. senators despite deal with Bush administration”: This article appears today in The Detroit News. Posted at 7:33 AM by Howard BashmanWednesday, May 7, 2008
“The sole question presented on appeal is whether a foreign citizen with no connection to the United States has a right to just compensation under the Fifth Amendment for a taking of property that occurs in a foreign country.” A three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling today addressing that question. The plaintiff alleged that she was the sole owner of a cafeteria located on property next to the U.S. Embassy in Tashkent, the capital of Uzbekistan. The plaintiff further alleged that local authorities destroyed the cafeteria at the request of the U.S. Embassy in order to increase the security of the embassy. Today’s Federal Circuit ruling affirms the U.S. Court of Federal Claims’ dismissal of the lawsuit. Posted at 9:10 PM by Howard Bashman“What McCain expects from federal judges: He pledges to nominate jurists who believe in ‘clear limits to the scope of judicial power’ and who are faithful to the Constitution.” This article appears today in The Los Angeles Times. Newsday reports today that “McCain says he’ll appoint conservative judges.” The Winston-Salem Journal reports that “McCain tries to shore up credentials; He says he will follow Bush’s lead with judicial picks.” And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “McCain Expresses Support for Conservative Judges” (RealPlayer required). Meanwhile, in commentary, The Baltimore Sun today contains an editorial entitled “Challenging justice: A McCain court would tilt solidly right.” Today in The Chicago Tribune, Law Professor Geoffrey R. Stone has an op-ed entitled “McCain’s justice: Conservative activism gone wild.” And today at National Review Online, Shannen W. Coffin has an essay entitled “Trust But Verify: McCain on judges.” Posted at 8:28 PM by Howard Bashman“Comedy of errors as war court complex debuts”: Carol Rosenberg of The Miami Herald has a news update that begins, “The Pentagon took its new $12 million war court complex out for a test run Wednesday with the arraignment of an alleged al Qaeda propagandist — and the state-of-the-art facility failed.” And The Associated Press reports that “Glitches mar debut of Gitmo courthouse.” Posted at 8:10 PM by Howard Bashman“Full house for U.S. chief justice at KU”: This article appeared last Thursday in The Kansas City Star. The Lawrence Journal-World reported last Thursday that “Chief justice comes in strong off bench; Lecture mixes history lesson, judicial principle, predictions for future and salute to Jayhawks.” Last Thursday’s edition of The Topeka Capital-Journal contained an article headlined “Chief Justice: Internet brings complex questions.” The University Daily Kansan reported last Thursday that “Chief Justice discusses constitution; John G. Roberts Jr., covers Supreme Court decision making; The judge spoke at the Lied Center Wednesday night as part of an annual lecture series.” And the KU School of Business last Friday issued a news release headlined “Chief Justice John G. Roberts, Jr. delivers 2008 Vickers Lecture to sold-out crowd.” Video of the Chief Justice’s lecture may soon be available via that link. Posted at 8:02 PM by Howard Bashman“Tough questions for Michigan judges in Senate hearing”: The Detroit News provides an update that begins, “A Senate Judiciary Committee hearing ended tensely Wednesday after two Republican senators questioned the qualifications, speeding tickets and tax-payment history of a Michigan judge nominated to the federal court of appeals that hears cases for Michigan and other Midwestern states.” And The Associated Press reports that “GOP senators question quick action on judicial nominee.” Posted at 6:08 PM by Howard Bashman“Court: Gay marriage ban affects partner benefits; Mich. Supreme Court says public employees can’t share health care with same-sex partners.” The Detroit Free Press provides this news update. And The Associated Press reports that “Mich. high court says gay partners can’t get health benefits.” You can access today’s ruling of the Supreme Court of Michigan at this link. Posted at 5:50 PM by Howard Bashman“Portland jury orders Payless to pay Adidas $304.6 million; Attorneys think the award is the largest ever in a trademark infringement case”: This article appears today in The Oregonian. And The Topeka Capital-Journal reports today that “Collective Brands hit with $305M trademark violation judgment.” The newspaper has also posted online this PDF file consisting of the jury’s 44-page verdict, which contains page after page of photographs of the sneakers at issue in the case. Posted at 9:15 AM by Howard Bashman“Westboro members miss bond deadline; Still, Westboro Baptist’s property may not be confiscated right away”: The Topeka Capital-Journal today contains an article that begins, “A missed deadline for two members of Westboro Baptist Church to post bond with a federal court in Maryland doesn’t mean their property and the church property will be confiscated immediately.” And The Associated Press reports that “Phelpses fail to post bond.” Posted at 9:12 AM by Howard Bashman“Coverage for reporters: A federal shield law allowing journalists to protect their sources benefits the public in the long run.” This editorial appears today in The Los Angeles Times. Posted at 9:08 AM by Howard Bashman“A death sentence voided: The Adam Miranda case shows that the California death penalty costs too much in time, money and justice.” Today’s edition of The Los Angeles Times contains an editorial that begins, “If a respected entertainment lawyer had not decided 20 years ago to devote a substantial chunk of his life and work to helping a California death row inmate — for free — Adam Miranda would be dead by now.” My earlier coverage of Monday’s ruling of the Supreme Court of California appears at this link. Posted at 9:03 AM by Howard Bashman“McCain says he will choose court justices in mold of Roberts, Alito”: USA Today contains this article today. Posted at 8:57 AM by Howard Bashman“Prospective juror in pot trial caught smoking marijuana; Woman charged with drug possession on break from trial”: This article appears today in The Houston Chronicle. Posted at 8:45 AM by Howard Bashman“As Executions Resume, So Do Questions of Fairness”: The New York Times contains this article today, along with an editorial entitled “The Death Penalty Returns.” Today in The Washington Post, Robert Barnes reports that “Execution Is First Since Ruling; Lethal Injection In Georgia Ends 7-Month Pause.” And The Atlanta Journal-Constitution reports that “Killer put to death.” Posted at 8:40 AM by Howard Bashman“Lawyers for Guantanamo Inmates Accuse U.S. of Eavesdropping”: This article appears today in The New York Times. Posted at 8:35 AM by Howard Bashman“My Legal Cameo: Why We Convicted Thurman Stalker; Journal Reporter Goes Behind Scenes as Juror In Movie Star’s Case.” Wall Street Journal reporter Emily Steel today has this front page article in that newspaper. And The New York Times reports today that “The Pursuer of Thurman Is Convicted.” Posted at 8:25 AM by Howard Bashman“Court Decision Is Victory For Gay Marriage Backers”: Today in The New York Sun, Joseph Goldstein has an article that begins, “Gay marriage advocates have won a partial victory in New York, as the state’s highest court has left in place a lower court ruling that recognized a lesbian couple as being married.” And The Rochester (N.Y.) Democrat and Chronicle reports today that “County at crossroads over same-sex benefits lawsuit.” Posted at 8:15 AM by Howard Bashman“Court upholds sanctions in Fieger suit against Mich. judge”: The Associated Press provides this report. My earlier coverage of yesterday’s Sixth Circuit ruling can be accessed here. Meanwhile, in somewhat related news, The Detroit Free Press reports today that “Lawyer feared Fieger prosecution; Staff bonuses worried him, he testifies.” And The Detroit News reports today that “Fieger didn’t tell him to hide memo, attorney testifies.” Posted at 8:04 AM by Howard BashmanTuesday, May 6, 2008
“FBI comparing blasts for links”: The San Diego Union-Tribune today contains an article that begins, “The pipe bomb that blasted through the front of the downtown federal courthouse early Sunday morning wasn’t sophisticated, but it was built to kill and was powerful enough to hurl shrapnel two blocks.” Posted at 10:55 PM by Howard Bashman“McCain Says He Would Put Conservatives on Supreme Court”: This article will appear Wednesday in The Washington Post, along with an editorial entitled “Red Meat, Overdone: John McCain does the federal judiciary a disservice.” Posted at 10:45 PM by Howard Bashman“Lynd is first person in U.S. executed since moratorium; Execution delayed for final checks with courts”: The Atlanta Journal-Constitution provides this news update. And The Associated Press reports that “Ga. man executed, ending 7-month moratorium.” Posted at 9:33 PM by Howard Bashman“‘Pants Suit’ Judge Suing for Job, $1M in Damages”: The Associated Press provides a report that begins, “A former judge who lost a $54 million law suit against a dry cleaners over a missing pair of pants is suing to get his job back and at least $1 million in damages.” Posted at 6:15 PM by Howard Bashman“Pa. high court orders removal of Philly judge”: The Associated Press provides a report that begins, “Pennsylvania’s high court has removed a Philadelphia judge because she pleaded guilty to using a bogus Social Security number on credit-card applications 24 years ago.” You can access today’s ruling of the Supreme Court of Pennsylvania at this link. Posted at 6:00 PM by Howard Bashman“Kansas Supreme Court sends Tiller grand jury case back to Sedgwick County”: The Wichita Eagle provides a news update that begins, “In a ruling that gave both sides of the abortion rights debate reason to celebrate, the Kansas Supreme Court outlined instructions for a Sedgwick County district judge to follow in determining whether more than 2,000 patient records should be produced by a Wichita abortion clinic. The state’s high court unanimously ruled today that while a citizen petitioned grand jury is constitutional, it needs oversight from a trial judge. Kansas is one of only a handful of states that allow such a grand jury.” The Kansas City Star provides a news update headlined “Kansas high court upholds grand juries prompted by citizens.” And The Associated Press reports that “Court limits grand jury power in abortion case.” You can access today’s ruling of the Supreme Court of Kansas at this link. Posted at 3:47 PM by Howard Bashman“This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available.” So concludes a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today, affirming the dismissal of federal criminal indictments against three individuals because the federal prosecutors “egregiously failed to meet [their] constitutional obligations under Brady and Giglio.” Posted at 2:45 PM by Howard Bashman |
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