“Recall specter hangs over high court as it considers Prop. 8 challenges; Backers of the measure banning gay marriage have said they will target justices who vote to overturn it; Legal scholars say the court has no clear path to tossing out Prop. 8”: Wednesday in The Los Angeles Times, Maura Dolan will have an article that begins, “Six months ago, California’s highest court discarded its reputation for caution and ended the state’s ban on same-sex marriage. Now the moderately conservative state Supreme Court is being asked to take an even riskier step — to overturn the November voter initiative that reinstated the gay-marriage ban and possibly provoke a voter revolt that could eject one or more of the justices from the bench.”
“Eric Holder Is Obama’s Top Pick for Justice Dept.; He Would Be the First Black Attorney General”: This front page article will appear Wednesday in The Washington Post.
And Wednesday’s edition of The New York Times will report that “Holder Seen as Pick for Justice Post as Obama Begins to Settle on His Team.”
“En Banc 3rd Circuit to Hear Key Criminal Appeals”: Shannon P. Duffy has this article today in The Legal Intelligencer.
“Begich defeats Stevens in Senate race”: The Anchorage Daily News provides an update that begins, “Mark Begich has defeated Sen. Ted Stevens in the election for U.S. Senate.”
Wednesday’s edition of The New York Times will report that “Democrats Gain as Stevens Loses His Senate Race.”
And Wednesday’s edition of The Washington Post will report that “Vote Count Indicates Alaska’s Ted Stevens Will Lose Senate Seat; 85-Year-Old Was Longest-Serving Republican.”
This result assures the Democratic party at least 58 seats in the U.S. Senate, with the outcome of the voting in Georgia and Minnesota yet to be finally decided.
“Taxpayers will pay for Gonzales’ private attorney”: Marisa Taylor of McClatchy Newspapers has an article that begins, “The Justice Department has agreed to pay for a private lawyer to defend former Attorney General Alberto Gonzales against allegations that he encouraged officials to inject partisan politics into the department’s hiring and firing practices.”
“No verdict in Joyce case; deliberations resume Wednesday”: The Erie (Pa.) Times-News provides this update.
“NH prescription privacy law upheld”: The Associated Press provides a report that begins, “A federal appeals court on Tuesday upheld the constitutionality of New Hampshire’s first-in-the-nation law that restricts drug company access to some information about doctors’ prescription writing habits. The ruling by the 1st U.S. Circuit Court of Appeals in Boston overturns a lower court decision that said the confidentiality law unconstitutionally infringed on free speech.”
Senior Circuit Judge Bruce M. Selya‘s majority opinion begins:
The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire’s legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyberspace.
You can access today’s lengthy ruling by a partially divided three-judge First Circuit panel at this link.
The Hoya of Georgetown University interviews former Solicitor General Paul Clement: You can access the interview, posted online today, by clicking here.
“Chief justice’s father dies after long illness”: The Associated Press provides a report that begins, “The father of Chief Justice John Roberts died Tuesday after a long illness, the Supreme Court said.”
Legislators and their fondness for little Roman numerals: At “The Volokh Conspiracy,” Eugene Volokh has this post seeking the origin of the term “Romanette.”
“How the Second Amendment Was Restored: The inside story of how a gang of libertarian lawyers made constitutional history.” Brian Doherty will have this article in the December 2008 issue of Reason magazine.
“Scalia: Foreign law isn’t ours; At Houston gala, he criticizes courts that cite countries’ trends for rulings.” Mary Flood has this article today in The Houston Chronicle.
“Top Judge at Guantanamo Announces Retirement”: This article appears today in The Washington Post.
“Some Abortion Foes Shifting Focus From Ban to Reduction”: The Washington Post today contains a front page article that begins, “Frustrated by the failure to overturn Roe v. Wade, a growing number of antiabortion pastors, conservative academics and activists are setting aside efforts to outlaw abortion and instead are focusing on building social programs and developing other assistance for pregnant women to reduce the number of abortions.”
“Protests Over a Rule to Protect Health Providers”: Today in The New York Times, Robert Pear has an article that begins, “A last-minute Bush administration plan to grant sweeping new protections to health care providers who oppose abortion and other procedures on religious or moral grounds has provoked a torrent of objections, including a strenuous protest from the government agency that enforces job discrimination laws.”
“Obama’s Supreme Court could ‘break a barrier,’ experts say”: This article appears online today at the ASU Web Devil.
“At trial, the district court ruled that the defendant’s counsel could not cross-examine a government witness about his swastika tattoos. We conclude that this restriction on the scope of cross-examination was a violation of the Confrontation Clause of the Sixth Amendment.” So holds the U.S. Court of Appeals for the Second Circuit in a ruling issued today. Unfortunately for the defendant, today’s Second Circuit ruling also holds that the error was harmless beyond a reasonable doubt.
“Justice Stevens gives no hint of retirement in speech at UF”: This article appears today in The Gainesville Sun.
And The Independent Florida Alligator reports today that “Justice, judge cover legal issues for lecture series.”
Last night, I linked to additional coverage of this event in this post.
“Obama’s picks may shift 4th Circuit; Conservative bench has four open seats”: The Washington Times contains this article today.
“Joyce trial goes to jury; Defense: Injuries real; Government: Judge lied.” This article appears today in The Erie (Pa.) Times-News.
Today in The Pittsburgh Tribune-Review, Jason Cato reports that “Jury to decide if ex-judge’s behavior was fraudulent or finicky.”
And in The Pittsburgh Post-Gazette, Paula Reed Ward reports that “Fraud case of ex-judge goes to jury.”
“Papers Offer Close-Up of Rehnquist and the Court”: Adam Liptak and Jonathan D. Glater have this article today in The New York Times.
And Dan Levine of The Recorder has an article headlined “Opening the Rehnquist Files.”
The Hoover Institution last week issued a press release titled “Rehnquist Papers: Finding Aid for Materials from 1947 to 1974 Available to Researchers on November 17, 2008.” You can access the finding aid by clicking here.
“Early Test for Obama on Domestic Spying Views”: This article appears today in The New York Times.
“Cops: Business partner lured attorney to his killers.” Today’s edition of Newsday contains an article that begins, “The attorney who was shot dead in a Commack restaurant parking lot was lured there with the promise of new business by his neighbor and business partner, and then was killed in a botched robbery involving two accomplices, Suffolk police said Monday.”
Email subject line of the day: An email that arrived last night contained the subject line “I GOT A CERT GRANT B/C OF YOUR WEBSITE.” And a bit of digging reveals that the author of the email is indeed counsel of record in a case recently granted review by the U.S. Supreme Court. Anyhow, I’m glad to see that “How Appealing” is at least helping someone obtain Supreme Court review.
“Appeals panel upsets award for Medicare”: The Providence Journal today contains an article that begins, “A federal appeals panel ruled yesterday that the U.S. Department of Health and Human Services was right when it chose not to reimburse Rhode Island Hospital for time resident physicians spent doing research unrelated to patient care.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the First Circuit at this link.
“Twice as much goes to defend suspects than to prosecute them”: This article appears today in The Boston Herald, along with articles headlined “Court-appointed lawyers quick to support pricey practice” and “State won’t reveal tab for Neil Entwistle’s team.”
