“State Courts in the Balance: The trial bar is hoping for big gains this year.” This editorial appears today in The Wall Street Journal.

“Restore fairness to the judiciary”: Today in The Boston Globe, Michael S. Greco and Patricia M. Wald have an op-ed that begins, “On Nov. 4 voters will elect not only a president for four years – but also hundreds of federal judges for decades to come. The Bush administration has appointed too many judges with partisan political loyalties who have failed to adequately protect citizens’ freedoms.”

“As abortion foes grow more intense, a new view surfaces”: This article appears today in The Boston Globe.

“When the Police Go Through Your Email: Quirk of Search Law Sets Off Alarm Bells.” Dionne Searcey has this article today in The Wall Street Journal.

“U.S. appellate court hears cases at McGeorge; Lawyers argue video game and prison cases”: Denny Walsh has this article today in The Sacramento Bee.

“Tiny drug label raises big issue; Lawsuit: Are drugmakers shielded from state laws by FDA approval?” This article appears today in USA Today.

“Are Different Abortion Methods Morally Distinguishable? The U.S. Court of Appeals for the Fourth Circuit Hears Richmond Med. Center v. Herring.” Sherry F. Colb has this essay online at FindLaw.

The Philadelphia Phillies have won the 2008 World Series! My son and I were back at Citizens Bank Park in Philadelphia on Wednesday evening to watch the resumption of game five. Tonight was not only somewhat colder and much drier than the first part of game five on Monday night, but the outcome was also far more satisfying. Here’s hoping that the Phillies will not need to wait another twenty-eight years before winning another World Series.

Congratulations to the Tampa Bay Rays for that team’s amazing season and for making this a World Series to remember.

You can access the box score for game five at this link, while wraps can be accessed here, here, and here.

“Obama’s ‘Redistribution’ Constitution: The courts are poised for a takeover by the judicial left.” Law Professor Steven G. Calabresi had this op-ed yesterday in The Wall Street Journal.

And today at National Review Online, Edward Whelan has an essay entitled “Obama and the Supreme Court: What’s really at stake.”

“FDA Career Staff Objected to Agency Preemption Policies”: The House Committee on Oversight and Government Reform issued this majority staff report today. Exhibits to the report can be accessed via this link.

Both the Alliance for Justice and the American Association for Justice have issued related news releases.

“Flight teacher takes stand”: The Erie (Pa.) Times-News today contains this article reporting on the federal criminal trial of former Pennsylvania Superior Court Judge Michael T. Joyce.

“Court OKs Cobb meeting prayers”: Today in The Atlanta Journal-Constitution, Bill Rankin has this article.

My earlier coverage of yesterday’s Eleventh Circuit ruling appears at this link.

“Chief Justice Sears to exit next year; ’92 appointment made history: As for talk of a possible U.S. Supreme Court seat, she’ll cross that bridge if she comes to it, she says.” Bill Rankin has this article today in The Atlanta Journal-Constitution.

“Chevron trial over Nigeria protest gets started”: Bob Egelko has this article today in The San Francisco Chronicle.

“Emergency motion asks high court to choose state’s lawyer”: Yesterday’s edition of The Providence (R.I.) Journal contained an article that begins, “In a highly unusual move, the U.S. Supreme Court will be asked Friday to weigh in again on the unrelenting dispute over who should argue the state’s case to keep control over 31 acres of Narragansett Indian land in Charlestown.”

The newspaper has also posted online both the emergency motion and an accompanying letter.

Carol Rosenberg of The Miami Herald is reporting: She has articles headlined

“U.S. details role of ‘media man’; The U.S. government alleges that the ‘media man for Osama bin Laden’ conspired to commit terrorism with a video that sought to legitimize suicide bombings among devout Muslims“;

“War court judge: Threats to family is torture; A war court judge tossed a confession extracted in Afghanistan by threatening a teen captive and his family, declaring it torture“:

“Marine orders access to secret Gitmo prison camp; After a mental health board found 9/11 accused Ramzi bin al Shibh suffered a mental illness, a Marine judge agreed to let his two U.S. defense lawyers see the secret cell where he is held“; and

“Terror trial to showcase gadgetry, spy-plane imagery.”

“Will Expletives Ring Out on C-SPAN?” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

“Dreadlocks shouldn’t keep man from jury; S.C. Supreme Court rules potential juror shouldn’t have been dismissed for hair”: Today’s edition of The State of Columbia, South Carolina contains an article that begins, “A black man with dreadlocks should not have been kept off a Florence County jury in a 2004 civil trial, the state’s top court said Monday. The S.C. Supreme Court in a 3-2 decision said a defense lawyer’s stated ‘uneasiness’ about the dreadlocks was not a ‘race-neutral’ reason for excluding the prospective juror.”

You can access yesterday’s ruling of the Supreme Court of South Carolina at this link (via “Religion Clause“).

“Counsel investigating chief judge’s past”: Denver’s NBC News affiliate 9News.com provides a report that begins, “The office that regulates attorney licenses in Colorado will investigate allegations that federal Chief Judge Edward Nottingham spent $3,000 at a topless bar, viewed pornography on his work computer, intimidated a disabled woman and was a client of two prostitution businesses. The Colorado Supreme Court Attorney Regulation Counsel acknowledged the investigation Saturday in a letter to the person who filed the complaint, Sean Harrington.”

“Doctor: Joyce never said he was hurt during flight exam.” The Erie (Pa.) Times-News provides an update that begins, “An Erie physician who examined then-state Superior Court Judge Michael T. Joyce when Joyce applied for a pilot’s license testified today that Joyce never told him he was injured or had neurological problems.”

“Cardinal Assails Fordham for Award to Justice Breyer”: This article will appear Wednesday in The New York Times.

“Federal court OKs prayer at Cobb commission meetings”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “The federal appeals court in Atlanta on Tuesday upheld Cobb County’s practice of allowing predominantly Christian prayers to open commission meetings. By a 2-1 ruling, the 11th U.S. Circuit Court of Appeals said it disagreed with a lawsuit’s contention that the Constitution permits only nonsectarian prayers.”

Circuit Judge William H. Pryor, Jr. wrote the majority opinion for a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.

Today’s rulings of note from Seventh Circuit Judge Richard A. Posner: In an “in chambers” order, Judge Posner rejects plaintiffs’ motion to strike the entire fact section from the defendants’ appellate brief. The plaintiffs’ motion challenged the fact section of defendants’ brief as overly argumentative. The motion arose in a case challenging the constitutionality of Wisconsin’s practice of allowing only graduates of the two law schools located in Wisconsin the privilege of being admitted to the Wisconsin bar without taking an examination. Judge Posner’s order concludes by noting that “even the plaintiffs, in the (very brief) statement of facts section in their brief, quote from a judicial decision and from an online interview with a judge.” Perhaps the online interview is this one (see question 9 and the accompanying answer)?

And in an opinion issued today on behalf of a unanimous three-judge panel, Judge Posner reverses the class certification of an action alleging that Sears Kenmore clothes dryers were deceptively advertised as containing “stainless steel” drums in which the clothing is dried when in fact the drums are only partially made of stainless steel. The opinion contains a useful discussion of the pros and cons of class actions and also reveals that none of the wives of the judges on the panel was concerned about rust stains on clothing in their dryers.

“Appeals Courts Pushed to Right by Bush Choices”: Charlie Savage will have this article Wednesday in The New York Times.

Programming note: I’ll be attending an appellate oral argument mid-morning today in a case that raises an issue that’s presented in several appeals that I’m working on. Additional posts will appear here this afternoon.

“Ted Olson v. Joe Larisa: Will the Supreme Court Decide?” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

“In a first, World Series game suspended; Fall Classic to resume when ‘weather conditions are appropriate'”: MLB.com provides this report. Our seats for game five were located first level under an overhang, so we avoided getting too wet from the rain. You can access the box score of the suspended game at this link.

Programming note: My son and I will be attending tonight’s game five of the 2008 World Series between the Philadelphia Phillies and the Tampa Bay Rays at Citizens Bank Park in Philadelphia.

I was just about to turn sixteen years old in 1980 when I attended game six of the World Series between the Phillies and the Kansas City Royals at Veterans Stadium in Philadelphia. Here’s hoping that by the end of tonight’s game, I’ll be among the fortunate few who attended both games in which the Phillies clinched a World Series victory.

Additional posts will either appear here overnight or on Tuesday afternoon.

“Judge defines enemy combatant status for detainees”: Lara Jakes Jordan of The Associated Press has a report that begins, “Al-Qaida or Taliban supporters who directly assisted in hostile acts against the United States or its allies can be held without charges as enemy combatants, a federal judge ruled Monday.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Defining a wartime ‘enemy.’”

“Ex-Pa. justice apologizes for anti-Obama e-mail”: The Associated Press provides a report that begins, “A former Pennsylvania Supreme Court justice is apologizing after her signature was on an e-mail message to Jewish voters that likened a vote for Democratic presidential nominee Barack Obama to ignoring warning signs that led to the Holocaust.” The AP also reports that “Republicans fire consultant over e-mail to Pa. Jews.”

And JTA reports that “Pa. GOP letter invokes Holocaust.”

Update: JTA has posted the text of the email at this link.

“Award to Justice Breyer spurs Catholic protest”: The Associated Press provides a report that begins, “The leader of the Catholic church in New York is among those criticizing Fordham University for giving an award to Supreme Court Justice Stephen Breyer, a supporter of abortion rights.”

Back on August 19, 2008, Fordham Law announced that “Justice Stephen Breyer to be 33rd Fordham-Stein Ethics Prize Recipient.”

LifeSiteNews.com reports that “Fordham Students Petition University President to Revoke Award Offer to Justice Breyer” and notes that an electronic petition can be accessed at this link.

And National Catholic Register reported in its October 19, 2008 issue that “Fordham to Honor Pro-Abortion Justice.”

I’m certain that the law school will do its best to ensure that Justice Breyer feels more welcome than a Tampa Bay Rays fan in Philadelphia.

Josh Gerstein, who covered law-related news for the now-defunct New York Sun, has a blog: You can access it at this link.

And Michael Doyle, of the as-of-yet non-defunct McClatchy Newspapers bureau in Washington, DC, also has a blog, and you can access it at this link.

“Court: Sex offender law unfair to homeless; Registration requirements ruled to be ‘unconstitutionally vague.'” Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “The Georgia Supreme Court on Monday declared unconstitutional a provision of the sex-offender registry law, because it fails to inform the homeless who have no address how they can comply with the statute. In a 6-1 decision, the court found that the law’s registration requirements are ‘unconstitutionally vague.'”

And The Associated Press provides a report headlined “Court: Ga. sex offender law is unfair to homeless.”

You can access today’s ruling of the Supreme Court of Georgia at this link.

“9/11 kin to watch trial at Guantanamo; Five relatives of Sept. 11 victims will be able to attend a hearing for an alleged al Qaeda kingpin in December”: Today in The Miami Herald, Carol Rosenberg has an article that begins, “With the war court’s future uncertain, the Pentagon has made plans to bring victims of the Sept. 11 terrorist attacks — chosen by lottery — to watch a hearing of reputed al Qaeda kingpin Khalid Sheik Mohammed’s death penalty trial.”

“More felons learning — to their surprise — that they can vote; At least a dozen states have changed their laws since 2003 to allow offenders no longer in prison to regain the right to vote”: This article appears today in The Los Angeles Times.