“Rampart revisited: A legal victory for three officers is a reminder that much of the scandal remains a costly mystery.” The Los Angeles Times contains this editorial today.
My earlier coverage of Monday’s Ninth Circuit ruling appears at this link.
“Court Orders U.S. to Halt Execution of 5 Mexicans”: This article appears today in The Washington Post.
And The Houston Chronicle reports today that “Texas still plans to execute killer despite U.N. order.”
“D.C. Tries to Finesse Gun Ruling”: Columnist Marc Fisher has this essay today in The Washington Post.
And the newspaper also contains an op-ed by Glenn F. Ivey entitled “A New Chance to Curb Gun Violence.”
“Administration Wanted Loyalist As Justice Dept. Legal Adviser; Top Officials Sought to Defend Interrogation Practices”: This article appears today in The Washington Post.
“Citizen McCain: Does the Constitution prohibit John McCain — who was born to two Americans in the Panama Canal Zone — from becoming president?” Law Professor Michael I. Meyerson has this op-ed today in The New York Times.
“The Right to Know”: The New York Times today contains an editorial that begins, “In the face of near hysterical opposition from the Bush administration, the Senate Democratic leadership intends to take up a proposed shield law to provide journalists with limited protection against being compelled to reveal confidential sources in federal court.”
“Judges Are No Reason to Vote for McCain: The Republican candidate is not a judicial conservative.” Libertarian Party presidential candidate Bob Barr has this op-ed today in The Wall Street Journal.
“Nichols trial move OK’d; Commission also settles suit with judge’s widow”: The Atlanta Journal-Constitution today contains an article that begins, “The Fulton County Commission on Wednesday approved moving the Brian Nichols murder trial to the Atlanta Municipal Court to help ensure a fair trial and settled a lawsuit with the widow of the judge he is accused of killing.”
“Advocates Concerned About a Reporter’s Court Appearance”: Today in The New York Sun, Josh Gerstein has an article that begins, “A federal judge in California who has ordered a prominent reporter to divulge his confidential sources for an article about a spying investigation is now planning unusual and potentially open-ended questioning of the journalist’s reporting techniques, prompting concern from First Amendment advocates.”
Available online from law.com: An article reports that “Former SG Knocks Pro-Business Label for High Court.”
Shannon P. Duffy reports that “3rd Circuit Upholds Removal of Christian Protesters at Gay Pride Event.” My earlier coverage of the ruling appears at this link.
And in news from New Jersey, “Lawyer Faces Reprimand for Not Telling Clients He Botched Two Appeals.”
“Bin Laden driver described as snitch”: Carol Rosenberg of The Miami Herald has this news update, along with a news update headlined “Navy judge finds driver’s charges constitutional.” You can access the ruling at this link. Earlier, Rosenberg reported that “Driver testifies about abuse at Guantanamo.”
The Associated Press provides reports headlined “FBI: Ex-driver helped try to track bin Laden” and “Canada won’t seek return of Gitmo detainee.”
The Washington Post reports today that “Detainee Describes Treatment; Lawyers for Another Captive Release Interrogation Tapes.”
The New York Times today contains articles headlined “Detainee Challenges Guantanamo by Describing Life There” and “Blurry Peek at Questioning of a Guantanamo Inmate.”
The Toronto Globe and Mail contains an article headlined “After day of making admissions, Khadr went silent.”
The Toronto Star reports that “Khadr’s pleas don’t heal split.”
And McClatchy Newspapers have articles headlined “Europeans join court pleas for halt to military commission trial” and “Interrogation video: teenage detainee pleaded for help.”
“State high court refuses to remove same-sex marriage ban from ballot”: Bob Egelko of The San Francisco Chronicle has this news update.
Maura Dolan of The Los Angeles Times has a news update headlined “California Supreme Court keeps anti-gay marriage initiative on ballot; Gay rights lawyers were trying to remove Proposition 8, which if passed would limit marriage to opposite-sex couples.”
And The Associated Press reports that “Calif. court passes on suit over gay-marriage vote.”
Available online from law.com: An article headlined “2nd Circuit Certifies Issue of Attorney Deceit” reports on this ruling issued yesterday.
Amaris Elliott-Engel reports that “Pa. High Court to Hear Kia Class Action Appeal.”
In other news, “Attorney Argues His ‘Witch’ Comments About Judge Are Protected Speech; Fla. Supreme Court has called into question attorney’s deal with State Bar that required a guilty plea in exchange for a public reprimand.”
And an article reports that “Powell Goldstein’s $2 Million Punitive Win to Face Challenge; Defense says Exxon ruling from U.S. Supreme Court could guide judge to reduce award.”
“World Court: US should halt executions of Mexicans.” The Associated Press provides this report.
And at “SCOTUSblog,” Lyle Denniston has a post titled “World Court seeks to block 5 U.S. executions.”
“Gitmo jail unwanted but likely to linger; U.S. hamstrung by shortage of options”: James Oliphant has this article today in The Chicago Tribune.
“D.C. Gun Ban Is Out, But Regulations Stay”: This article appears today in The Washington Post.
And The Washington Times reports today that “Council passes emergency bill to allow guns; Stiff rules control ownership.”
“Court Backs Bush on Military Detentions”: Adam Liptak has this article today in The New York Times.
And The Washington Post reports today that “Terrorism Suspect May Petition Civilian Court; Holding Accused Without Trial Is Upheld.”
“Vision Insurer to Ask Justices to Restore Its Tax Exemption”: The New York Times today contains an article that begins, “The country’s largest eye-care insurance program plans to ask the Supreme Court to decide whether the Internal Revenue Service properly revoked its tax exemption in 2003, company executives said Tuesday.”
“Condoms all round as annoying law dashed”: The Sydney Morning Herald today contains an article that begins, “Rachel Evans and Amber Pike handed out condoms on the steps of Sydney’s Federal Court yesterday – flushed with a ruling that struck out a World Youth Day law that made it a crime to annoy participants in the Catholic event.”
“Facing Criticism, McCain Clarifies His Statement on Gay Adoption”: This article appears today in The New York Times.
“Senate votes to repeal 1913 law; Bill to OK wedding of nonresident gays now goes to House”: The Boston Globe today contains an article that begins, “The state Senate voted swiftly and unanimously yesterday to strike down a 95-year-old law that blocks gay and lesbian couples from most other states from being married in Massachusetts, drawing condemnation from Catholic Church leaders but delivering a victory for advocates who have fought for the repeal and who say that same-sex marriage has become an accepted part of the state’s culture.”
The New York Times reports today that “A 1913 Law Dies to Better Serve Gay Marriages.”
And The Los Angeles Times reports that “Massachusetts Senate votes to end gay marriage restriction; The state House and governor are expected to support the move against a 1913 law that has been used to prevent some out-of-state couples from marrying.”
“Exxon maintains it doesn’t owe interest; Company files brief opposing plaintiffs’ request”: The Anchorage Daily News today contains an article that begins, “Exxon Mobil Corp. is fighting to avoid paying interest on the $507.5 million judgment the U.S. Supreme Court ordered it to pay for the Exxon Valdez oil spill.”
And yesterday, “SCOTUSblog” had a post titled “Exxon says plaintiffs not entitled to interest.”
“The Use of Executive Privilege Must Be Reined In: Problematic Claims of Privilege Regarding the U.S. Attorney Firings and Torture Policies.” Douglas Kmiec has this essay online at FindLaw.
“Federal appeals court upholds $15-million civil award for Rampart police officers; The panel supports a jury’s verdict that the LAPD and city violated the rights of the three men by arresting and charging them without adequate evidence during their division’s corruption scandal”: Maura Dolan has this article today in The Los Angeles Times.
My earlier coverage of yesterday’s Ninth Circuit ruling appears at this link.
“Man loses bid in anthrax libel case; Court: Scientist who sued New York Times didn’t prove that columns were malicious.” The Richmond Times-Dispatch contains this article today.
And today in The New York Times, Neil A. Lewis reports that “Dismissal of Suit Against Times Is Upheld.”
My earlier coverage of yesterday’s Fourth Circuit ruling appears at this link.
“District Gun Bill Goes to Council; Officials Anticipate More Legal Action On Weapon Types”: This article appears today in The Washington Post.
Available online from National Public Radio: Today’s broadcast of “Day to Day” contained an audio segment entitled “S.D. Abortion Doctors Must Say: You’re Ending A Life.”
And this evening’s broadcast of “All Things Considered” contained audio segments entitled “Court Says Enemy Combatant Can Challenge Status” (featuring Nina Totenberg); “Video Released Of Guantanamo Interrogation“; and “Mass. Senate Votes To Let Out-Of-State Gays Wed.”
RealPlayer is required to launch these audio segments.
“3d Circuit: Anti-gay activists can demonstrate, not disrupt.” Emilie Lounsberry of The Philadelphia Inquirer has a news update that begins, “Anti-homosexual activists arrested when they disobeyed police orders to move during Philadelphia’s 2004 OutFest celebration had a right to demonstrate but not disrupt the coming-out festival, a federal appeals court ruled today.”
You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.
“Ninth Circuit Judge M. Margaret McKeown to Chair National Codes of Conduct Committee”: The U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Seventh Circuit rejects Commerce Clause challenge to federal child pornography conviction where the defendant demonstrated that the pornography was videotaped at the defendant’s home in Wisconsin, for his private viewing and possession: You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
“Alleged Al-Qaeda Driver Testifies on Interrogation Tactics”: The Washington Post has a news update that begins, “Salim Ahmed Hamdan, the alleged al-Qaeda driver who faces an historic military trial next week, testified Tuesday that a female interrogator elicited information from him using sexually suggestive behavior that was offensive to him.”
“Senate Republican Conference Forum on the Judicial Confirmation Process”: C-SPAN has posted online at this link (RealPlayer required) the video of this forum, which took place in Washington, DC yesterday.
“Court Backs Bush on Military Detentions”: Adam Liptak of The New York Times has this news update.
James Vicini of Reuters reports that “Terror suspect can challenge U.S. detention.”
The Associated Press provides a report headlined “Court: Enemy combatant can challenge designation.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Split decision on Al-Marri.”
“[I]f the Government’s allegations about al-Marri are true, Congress has empowered the President to detain him as an enemy combatant,” but “assuming Congress has empowered the President to detain al-Marri as an enemy combatant provided the Government’s allegations against him are true, al-Marri has not been afforded sufficient process to challenge his designation as an enemy combatant”: So holds the en banc U.S. Court of Appeals for the Fourth Circuit today, by means of a per curiam opinion, dividing 5-4 on each of these two holdings.
In addition to the court’s short per curiam opinion, seven of the nine judges participating in today’s en banc ruling wrote separate opinions:
Judge Motz wrote an opinion concurring in the judgment, in which Judges Michael, King, and Gregory joined. Judge Traxler wrote an opinion concurring in the judgment, in Part II of which Judge Niemeyer joined. Judge Gregory wrote an opinion concurring in the judgment. Chief Judge Williams wrote an opinion concurring in part and dissenting in part, in which Judge Duncan joined. Judge Wilkinson wrote an opinion concurring in part and dissenting in part. Judge Niemeyer wrote an opinion concurring in the judgment in part and dissenting in part. Judge Duncan wrote an opinion concurring in part and dissenting in part. Judge Shedd did not participate in this case.
The entire en banc ruling totals 216 pages.
Back on June 11, 2007, a divided three-judge Fourth Circuit panel ruled 2-1 that al-Marri could not be held as an enemy combatant. This blog’s coverage of that ruling appeared in various posts made on that date and in this post from the following day.
“[P]laintiff’s suggestion that the Judiciary micro-manage advertising selection by military newspapers not only is unsupported by First Amendment doctrine, but also would interfere with the military’s pursuit of its critical mission”: So writes Circuit Judge Brett M. Kavanaugh, concurring in an opinion that the U.S. Court of Appeals for the D.C. Circuit issued today.