“Tech law school graduate wins Supreme Court case”: Yesterday, The Lubbock Avalanche-Journal contained an article that begins, “Jerry V. Beard picked up his telephone to hear the U.S. Supreme Court was on the line for him. A few seconds later he learned he had won his case in a unanimous decision by the highest court in the land.”
And on Tuesday, The Indianapolis Star contained an article headlined “Indy attorney wins 5-4 before U.S. Supreme Court” that begins, “An Indianapolis attorney’s first career victory at the U.S. Supreme Court on Monday came with the narrowest of margins.”
“Mother in Virginia Loses Bid to Void Same-Sex Ruling in Vermont on Child Custody”: Adam Liptak has this article today in The New York Times.
The Richmond Times-Dispatch reports today that “Ruling comes in same-sex custody case; Va. Supreme Court says state must enforce order from Vt. on women’s child.”
And The Northern Virginia Daily reports that “Va. high court ruling allows visitation rights; Commonwealth to honor Vt. decision.”
My earlier coverage of yesterday’s Virginia Supreme Court ruling appears at this link.
“AG says injection question settled; Supreme Court in April upheld execution method killer is contesting”: The Houston Chronicle contains this article today.
“Sandra Day O’Connor’s Plan for Joystick Justice”: This post appeared recently at the “Bits” blog of The New York Times.
“House’s defense argues $500k bond unreasonable”: Today’s edition of The Knoxville News Sentinel contains an article that begins, “After nearly 23 years on death row and two years after the nation’s highest court questioned his conviction, a wheelchair-bound Paul Gregory House is one step closer to a new trial but not freedom.”
“Antonin Scalia’s 10 Rules of Persuasion: The Supreme Court Justice has co-authored a new book counseling lawyers; The advice will help business professionals, too.” BusinessWeek posted this article online yesterday.
“Doctors Request Increase in Freedom, Driver’s License for Hinckley”: This article appears today in The Washington Post.
“Adviser Says McCain Backs Bush Wiretaps”: Charlie Savage has this article today in The New York Times.
“South Carolina to Offer Cross on Car Plates”: The New York Times today contains an article that begins, “South Carolina drivers will be the first in the nation to be offered license plates that carry the phrase ‘I Believe’ and a Christian cross over a stained-glass window under a law that took effect on Thursday. Critics have threatened to fight the law in court, saying the license plate represents an illegal state endorsement of religion.”
And Wednesday evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “S.C. Lawmakers Back ‘I Believe’ Plates” (RealPlayer required).
“Court orders new sentence for al-Qaida member”: The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Fourth CIrcuit issued today.
All three judges on the three-judge panel are credited as authors of the opinion of the court, except to the extent that one of the judges has dissented in part. The dissenting opinion of Circuit Judge Diana Gribbon Motz begins, “With respect, I dissent from the majority’s decision to reverse, as unreasonably lenient, Abu Ali’s sentence of thirty years’ imprisonment followed by thirty years’ supervised release.”
“A Servicewoman Prevails in Her Bid to Reinstate Her Constitutional Challenge to the ‘Don’t Ask, Don’t Tell’ Policy: What Are the Implications of the Ninth Circuit’s Ruling in Witt v. Secretary of the Air Force?” Vikram David Amar has this essay online at FindLaw.
“State high court upholds dismissal of challenge to former R-MWC going coed”: The Lynchburg News & Advance provides a news update that begins, “The Virginia Supreme Court today affirmed the previous dismissal of two cases challenging the former Randolph-Macon Woman’s College’s decision to adopt coeducation, according to opinions posted on the court’s Web site.”
And The Associated Press reports that “Va. court upholds women’s college move to coed.”
You can access today’s ruling of the Supreme Court of Virginia at this link.
“High court upheld child custody rights of non-biological parent”: The Virginian-Pilot provides a news update that begins, “The Virginia Supreme Court has upheld a lower state court decision that grants some custody rights to the non-biological parent in a legal dispute between two women who jointly parented a child in a past lesbian relationship.”
And The Associated Press provides a report headlined “Court: Vt. ruling stands in lesbian custody case” that begins, “Virginia’s highest court ruled Friday that the state must enforce a Vermont court order awarding child-visitation rights to a mother’s former lesbian partner. The Virginia Supreme Court rejected Lisa Miller’s claim that a lower court improperly ignored a Virginia law and a state constitutional amendment that prohibit same-sex unions and the recognition of such arrangements from other states.”
You can access today’s ruling of the Supreme Court of Virginia in Miller-Jenkins v. Miller-Jenkins at this link.
“Judges appear cool to Black appeal; Media baron didn’t steal, attorney says”: The Chicago Tribune today contains an article that begins, “Conrad Black’s hopes of getting his criminal convictions overturned were dimmed Thursday as his attorney received a highly skeptical reception from a panel of three judges at the 7th U.S. Circuit Court of Appeals.”
Today’s edition of The Toronto Globe and Mail contains an article headlined “Appeal judges in Black case pepper lawyers with tough questions” that begins, “Under other circumstances Conrad Black would probably relish meeting Judge Richard Posner. Judge Posner, 69, has been on the Seventh Circuit Appeal Court in Chicago for nearly 30 years and he is considered one of the top legal minds in the United States. He’s best known for his free-market approach to analyzing the law and he has written more than 30 books and 300 articles on topics ranging from sex and pornography to aging, health care, AIDS, politics, literature and medieval Iceland. He writes more legal opinions annually than any other appellate judge in the United States, teaches at the University of Chicago and has a blog with a Nobel-prize-winning economist (his latest post discussed the merits of paying children to go to school).”
The Chicago Sun-Times reports that “Conrad Black’s attorneys face tough grilling.”
The Toronto Star reports that “Court hears Black appeal; Hearing one of Conrad Black’s last chances to topple fraud convictions.”
And The Associated Press reports that “Black’s attorneys tell court his trial wasn’t fair.”
If you’d like to hear Seventh Circuit Judge Richard A. Posner tangle with attorney Andrew L. Frey — and frankly who wouldn’t — you can download the audio of yesterday’s oral argument via this link (13.7MB mp3 audio file).
The Associated Press is reporting: Mark Sherman reports that “Supreme Court justices sell stocks in 2007.”
And, in other news that I previously reported in this post, an article is headlined “Chief justice: High court’s schedule to intensify.”
“Bonds pleads not guilty to charges in rewritten BALCO indictment”: Lance Williams of The San Francisco Chronicle has this news update.
And The Associated Press reports that “Bonds pleads not guilty to charges of lying to grand jury.”
Greetings from Pittsburgh, Pennsylvania: Now that the D.C. Circuit’s Judicial Conference has ended, I have left Farmington, Pennsylvania and made the 70-mile journey to Pittsburgh.
Although my hotel room in Pittsburgh is far less palatial than at the Nemacolin Woodlands Resort, the view out of my hotel room window in Pittsburgh is one any baseball fan would love. I’m looking out onto the Roberto Clemente Bridge across the Allegheny River, and from my room I can see the left field stands inside PNC Park. The view is somewhat similar to that depicted in this photograph (although because tonight’s baseball game between the Pittsburgh Pirates and the Arizona Diamondbacks won’t start until 7:05 p.m., the bridge currently remains open to motor vehicles).
In any event, I’m looking forward to seeing tonight’s game from inside PNC Park, and I should have an excellent view from section 116 behind home plate.
The Chief Justice’s remarks at the D.C. Circuit’s Judicial Conference: The U.S. Supreme Court‘s number of argued cases will be increasing next Term. And the Court plans to hear oral argument in three cases per day in the fall, as a schedule to be issued on Monday of next week will indicate.
Chief Justice Roberts’s prepared remarks apparently will focus on President Abraham Lincoln, whom the Chief Justice described as one of the best jury lawyers in Illinois. In 1849, Lincoln made his one and only U.S. Supreme Court oral argument. The case was Lewis v. Lewis, 48 U.S. 776.
The Chief next posed a series of six multiple choice questions. He began by asking what statement is inscribed on the East Pediment of the Supreme Court building. The second question asked the audience which Chief Justices are depicted on the West Pediment. The next multiple choice question — and the first that a plurality of the audience answered correctly, was which two Justices are depicted on the Court’s bronze doors. The next question was who was the last Supreme Court justice who didn’t attend law school. The answer was Justice Byrnes. Next, the Chief Justice asked how many Justices were born outside of the United States. The answer given as correct was six. And the final question was which Justice appears on the $10,000 bill. Because the audience indicated its votes by applause, the Chief Justice’s remarks were interrupted by applause eighteen times.
“Jurors convict adult film producer”: The St. Petersburg Times today contains an article that begins, “Twelve federal jurors drew the line Thursday for Tampa Bay area residents, saying the graphic and violent films of a Hollywood pornographer are unacceptable in their community. They reached that decision after watching 8 1/2 hours of extreme pornography on a giant screen in court.”
And today’s edition of The Tampa Tribune contains articles headlined “Adult Movie Producer Found Guilty In Obscenity Trial” and “Standards Of Obscenity Are Murky.”
Today is the final day of the D.C. Circuit’s Judicial Conference in Farmington, Pennsylvania: Justice Antonin Scalia will be a panelist on this morning’s first panel, discussing “The Relationship Among the Three Branches of Government.” And Chief Justice John G. Roberts, Jr. will be delivering remarks later this morning. Stay tuned for live blogging!
As I previously noted in this post, last Sunday Justice Scalia delivered a keynote address to members of Agudath Israel of America. You can access the audio of his complete remarks via this link. And you can view photographs of Justice Scalia’s appearance at the event at this link (via “Religion Clause“).
Update at 9:38 a.m.: One panelist — not Justice Scalia — makes a joke about declaring U.S. Senator Patrick J. Leahy an enemy combatant. Justice Scalia’s introductory remarks were unremarkable. We shall see if he signs any books before departing.
Update at 9:48 a.m.: Did Justice Scalia just mistakenly say that Carter became President after Reagan? Perhaps. He then asked his co-panelists, “Who became President next?” Happily, no one answered “Ford.”
Update at 9:53 a.m.: With seven minutes left in the program, I am confident in declaring Miguel Estrada the panelist with the best sense of humor.
Update at 10:15 a.m.: A few books were signed (including mine).
“KSM in Gitmo: A view of the ‘Mastermind.'” Jan Crawford Greenburg has this post at her “Legalities” blog.
“Tabloid Constitutionalism: How a Bill Doesn’t Become a Law.” Law Professor Brian C. Kalt has posted this article (abstract with links for download) online at SSRN (via “Legal Theory Blog“).
The article’s abstract begins, “What does it take to get Congress to pass a law? To get a judge to declare a statute unconstitutional? To get your law-review article featured in the National Enquirer? Based on one data point, at least, I can say that two of those three things are difficult. This piece is a follow-up to my 2005 Georgetown Law Journal article, The Perfect Crime. Back then, I argued that there is a fifty-square-mile swath of Idaho – a so-called zone of death – where one can commit crimes with impunity.”
“Appeals court says apartment owner can sue Jupiter”: The Associated Press provides a report that begins, “The federal appeals court in Atlanta says a landlord can sue the city of Jupiter, Fla., for alleged discrimination against Hispanic immigrant tenants through overly aggressive enforcement of the building code.”
You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
“Court upholds NY judge’s removal for jailing 46”: The Associated Press provides a report that begins, “New York’s top court has upheld the removal of a Niagara Falls city court judge who jailed 46 people after no one would own up to a cell phone that rang in court.”
You can access today’s ruling of the New York State Court of Appeals at this link.
“Alleged 9/11 Mastermind Seeks Death Penalty, Martyrdom; Khalid Sheik Mohammed, 4 Others Arraigned in Military Courtroom at Guantanamo”: The Washington Post provides this news update.
Carol Rosenberg of The Miami Herald has a news update headlined “9/11 mastermind suspect: I want death.”
Carol J. Williams of The Los Angeles Times has a news update headlined “Alleged 9/11 mastermind asks for death sentence; Khalid Shaikh Mohammed criticizes the proceedings at Guantanamo as ‘an inquisition’ and says he wants to be a martyr; He and four others are accused of murder in the 2001 terrorist attacks.”
The New York Times has a news update headlined “Guantanamo Hearing Starting for 9/11 Suspects.”
Jan Crawford Greenburg and Dennis Powell of ABC News have a report headlined “‘I Wish to Be Martyred’: KSM Arraigned; Accused Sept. 11 Plotter Khalid Sheikh Mohammed Appears in Court.”
James Rowley of Bloomberg News reports that “Sept. 11 ‘Architect’ Will Defend Himself at Guantanamo Tribunal.”
And The Associated Press provides reports headlined “Accused 9/11 mastermind wants death sentence” and “Alleged 9/11 plotter says artist made nose too big.”
“Those scarred by 9/11 families hope trials bring justice — and peace; Alleged 9/11 mastermind Khalid Sheik Mohammed and four others are set to be arraigned Thursday”: Carol Rosenberg has this article today in The Miami Herald.
“Take Me Out© to the Ballgame®: The biggest fantasy was Major League Baseball’s claim that its fans should pay to talk about fantasy baseball.” The New York Times contains this editorial today.
“‘Cuban 5’ fail in appeal of spy case; An appellate court in Atlanta ruled that the 2001 espionage convictions of five Cuban men must stand, but three of their sentences must be reconsidered”: This article appears today in The Miami Herald.
The Associated Press reports that “Court rules on sentences of ‘Cuban 5.’”
And Reuters reports that “U.S. court upholds conviction of Cuban spies.”
Circuit Judge William H. Pryor, Jr. issued a lengthy opinion for the majority on a partially-divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Circuit Judge Stanley F. Birch, Jr. concurred in the majority opinion but issued a separate opinion restating his earlier view, in dissent from an earlier en banc ruling in the case, that the defendants’ motion for change of venue should have been granted. According to Judge Birch, “Given the technological advances and 24-hour news cycle that have become prevalent in our nation since 1984, I respectfully suggest that this case provides a timely and appropriate opportunity for the Court to address the issue of change of venue in this internet and media permeated century.”
“Jurors in Max Hardcore porn trial seek clarification”: The St. Petersburg Times today contains an article that begins, “Jurors deliberating in the obscenity trial of a Hollywood pornographer sought Wednesday to clarify the meanings of words and phrases in their instructions, including ‘morbid and degraded,’ ‘unhealthy interest in sex,’ and ‘candid interest in sex.'”
And The Tampa Tribune reports today that “Defense Attorney Calls Porn Videos ‘Political Expression.’”
“Does the Constitution Permit Government to Favor Religion over Nonreligion? Justice Scalia Says Yes.” Michael C. Dorf has this essay online today at FindLaw.
Failure to impose any sentence of imprisonment on man convicted of possessing child pornography survives deferential appellate review, Fifth Circuit holds: The U.S. Sentencing Guidelines had indicated a sentence of imprisonment of 46 to 57 months. You can access yesterday’s Fifth Circuit ruling at this link.
Greetings from Farmington, Pa.: I arrived at the Nemacolin Woodlands Resort — where the D.C. Circuit Judicial Conference is taking place this week — very early this morning. I’m pleased to report that the palatial room in which I am staying appears to have very good wireless internet service. My panel is first on the agenda today, so I’ll be offline between breakfast and lunch.
According to the conference schedule (linked above), Chief Justice John G. Roberts, Jr. will be speaking tonight and before lunch tomorrow, while Justice Antonin Scalia will be one of tomorrow morning’s panelists.
The Associated Press is reporting: Now available online are articles headlined “Retired justice developing online civics lessons“; “Va. high court hears arguments on law against spam“; and “Accused Sept. 11 plotters due in Guantanamo court.”
And an article headlined “Feds: Militant’s immigration case wrongly dropped” begins, “A U.S. judge improperly dismissed immigration fraud charges against an anti-Castro militant suspected of plotting the 1976 bombing of a Cuban airliner, a government lawyer told a federal appeals court Wednesday.”
“Court nixes suit by black would-be firefighters”: The Chicago Sun-Times has a news update that begins, “Chicago taxpayers would be off the hook for as much as $100 million — and 132 would-be black firefighters would not move to the head of the class — thanks to a federal appeals court ruling today tied to a 1995 firefighters entrance exam.”
Circuit Judge Richard A. Posner is the author of today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
“Prosecutors drop appeal of Siegelman and Scrushy sentences”: The Associated Press provides this report.
