“California Supreme Court ponders challenges to gay-marriage ban; Four lawsuits testing Proposition 8 have now been filed; At a Berkeley conference on the high court’s role, however, the justices refrain from taking sides”: Maura Dolan has this article today in The Los Angeles Times. The newspaper also reports that “Protests to be a key test for Proposition 8 opponents; Rallies will show whether Web activism can be turned into a movement to overturn gay-marriage ban.”
The San Francisco Chronicle reports today that “Prop. 8 protests could become national movement.” And in yesterday’s newspaper, Bob Egelko reported that “State high court interested in Prop. 8 suits.”
The Washington Post reports that “Protesters Target Supporters of Gay Marriage Ban.”
And The New York Times reports that “Mormons Tipped Scale in Ban on Gay Marriage.”
“West Va. dispute goes to high court; Justices to hear Massey Energy case”: This article appears today in The Pittsburgh Post-Gazette.
The Saturday Gazette-Mail of Charleston, West Virginia reports today that “U.S. Supreme Court to review Harman-Massey case.”
And The West Virginia Record reports that “U.S. SC to rule on judicial recusal issue.”
“The Exonerator: The Dallas D.A. is Reviewing Old Cases, Freeing Prisoners — and Riling His Peers.” Today’s edition of The Wall Street Journal contains an article that begins, “Craig Watkins may be the only prosecutor in America who is making his name getting people out of prison.”
“Profanity Wars Come to PBS; ‘Filth’ Tells Story of British Precursor to U.S. War on Profanity”: Today in The Wall Street Journal, Jess Bravin has an article that begins, “Supreme Court arguments rarely offer marketing opportunities, but for WGBH-TV, the case of Federal Communications Commission v. Fox Television provided a special kind of synergy.”
“Anti-Hillary Clinton movie to get Supreme Court review; A conservative group says regulating its documentary, ‘Hillary: The Movie,’ as a campaign ad before the Democratic primaries was unconstitutional”: David G. Savage has this article today in The Los Angeles Times.
Today in The Washington Post, Jerry Markon reports that “Justices to Consider Whether Movie Violates Campaign Finance Law.”
And today’s broadcast of NPR’s “Weekend Edition Saturday” contained an audio segment entitled “High Court Tackles Campaign Financing” (RealPlayer required) featuring Nina Totenberg.
“The Supreme question”: Yesterday afternoon, The Deal Newsweekly posted online an article by Alex Lash that begins, “As the nation negotiates its transition from Bush to Obama, the U.S. Supreme Court is weighing a case that could test the new administration on matters far beyond the immediate question of the Food and Drug Administration’s regulatory authority.”
“Post-Guantanamo: A New Detention Law?” This news analysis appears today in The New York Times.
“Scalia brings original view of justice to Lubbock”: Today’s edition of The Lubbock Avalanche-Journal today contains an article that begins, “One of the most controversial justices on the U.S. Supreme Court is sometimes at controversy with himself. Justice Antonin Scalia explained to a large crowd Friday at the Lubbock Memorial Civic Center Exhibit Hall how his ardent belief in the quest to interpret the Constitution as its writers intended sometimes puts him at odds with his own personal beliefs.”
“Say no to Summum’s public display of religion: The Supreme Court should deny the sect’s demand for a monument to its beliefs, similar to one in a park featuring the Ten Commandments.” This editorial appears today in The Los Angeles Times.
And The Washington Post today contains an editorial entitled “The Seven Aphorisms: A court test of the limits on faith’s access to the public square.”
“Sonar Over Whales”: The New York Times today contains an editorial that begins, “The Supreme Court showed extreme and troubling deference to the views of the military, deciding to lift two restrictions on the Navy’s use of sonar in training exercises off the California coast.”
And today’s edition of The Los Angeles Times contains an editorial entitled “Tell it to the whales: The Supreme Court was wrong to eliminate some of the Navy’s precautions that help protect marine life.”
Available online from law.com: Shannon P. Duffy reports that “Former Supreme Court Justice O’Connor to Join 3rd Circuit Panel; O’Connor will serve as a visiting judge on the federal appeals court to hear four oral arguments.”
And in other news, “Magazine Opposes High Court Petition; National Geographic says justices should not take freelance photographer’s case because 11th, 2nd Circuits agree.”
“High school students sue over article on sex lives”: Yesterday’s edition of The Seattle Post-Intelligencer contained an article that begins, “Four Puyallup high school students whose sex lives were detailed in a student newspaper sued the school district Wednesday, saying the publication invaded their privacy and exposed them to severe sexual harassment, humiliation and embarrassment.”
Yesterday’s edition of The Seattle Times reported that “Puyallup students sue over sex story; Four current and former high-school students filed a lawsuit against the Puyallup School District on Wednesday claiming they were harassed and called ‘sluts’ and ‘whores’ after a student newspaper printed a story that detailed their sex lives.”
And yesterday’s edition of The News Tribune of Tacoma, Washington reported that “Students sue Puyallup district over story in school newspaper; A lawsuit filed in federal court alleges that the Emerald Ridge High School newspaper invaded the privacy of four students with an article about oral sex.”
I have posted online at this link a copy of the complaint initiating suit in federal court.
“Supreme Court Takes On Campaign Finance Case”: Adam Liptak will have this article Saturday in The New York Times.
“11th Circuit Judge Blazed Path for Other Female Lawyers; Judge Phyllis A. Kravitch’s career includes an impressive number of ‘firsts'”: Alyson M. Palmer has this article today in the Fulton County Daily Report.
“Retired Justice O’Connor to hear cases in Philly”: The Associated Press provides a report that begins, “Retired Supreme Court Justice Sandra Day O’Connor will return to the bench next week as a visiting judge on the 3rd U.S. Circuit Court of Appeals.”
And The Arizona Republic reports today that “Work continues on restoration, relocation of O’Connor house.”
“Closings set for Monday in Pa. judge’s fraud case”: The Associated Press provides a report that begins, “A federal court jury in Pittsburgh will have a long weekend to mull nearly three weeks of testimony in the fraud trial of a retired Pennsylvania appellate judge.”
And The Erie (Pa.) Times-News today contains this article reporting on yesterday’s developments in the trial.
“What’s the Best Way To Pack a Court? The attack on merit selection for judges.” Bert Brandenburg has this jurisprudence essay online at Slate.
“Appeals court says tax scofflaw has to pay IRS”: Jesse J. Holland of The Associated Press has a report that begins, “Millionaire tax scofflaw Walter Anderson may have to pay more than $200 million in restitution to the Internal Revenue Service, federal appellate judges said Friday.”
You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
“Britain Debates a Child’s Right to Choose Her Own Fate”: The Washington Post today contains an article that begins, “Hannah Jones needs a heart transplant. But after nine years of battling leukemia and heart disease, she has had enough of hospitals, operations, drugs and constant pain. So she has opted to skip the surgery and die at home in the company of her family. Hannah is 13 years old, and her case has prompted a wrenching public debate in Britain.”
“Law Firm’s Case Against Blockshopper Allowed To Continue”: MediaPost’s “Online Media Daily” today has a report that begins, “A federal judge Thursday refused to dismiss a case brought by the law firm Jones Day against online publisher Blockshopper.com, accusing it of trademark infringement for having linked to the law firm.” (Via ABA Journal’s “Law News Now” blog.)
I attempted moments ago to obtain a copy of the ruling from the web site of the U.S. District Court for the Northern District of Illinois, but the ruling is not yet available online, nor has it even been noted as of moments ago on the case’s PACER docket, a current copy of which I have uploaded at this link.
In mid-September 2008, the organization Electronic Frontier Foundation issued a news release entitled “Law Firm Uses Bogus Trademark Claim in Attempt to Silence Online News Site; EFF Urges Judge to Dismiss Baseless Lawsuit” and also posted online this amicus brief that the organization was seeking to file in the case. In addition, EFF has this web page devoted to the case.
According to today’s news report on yesterday’s ruling, “The case drew the attention of digital rights groups including Public Citizen and the Electronic Frontier Foundation, who attempted to file friend-of-the-court briefs. Darrah Thursday denied their motion to get involved in the case.”
“US appeals court to hear 1964 Klan killings case”: The Associated Press provides a report that begins, “A federal appeals court agreed Friday to hear arguments that a reputed Ku Klux Klansman’s conviction in the abductions of two black teenagers found slain in 1964 should not have been overturned.” In other words, the U.S. Court of Appeals for the Fifth Circuit has granted rehearing en banc in the case.
My earlier coverage of the three-judge Fifth Circuit panel’s ruling from September 2008 that overturned the convictions can be accessed here.
Update: You can now access at this link today’s order granting rehearing en banc.
“Obama likely to push courts away from right”: Reuters provides this report.
“Court to rule on campaign films, judge recusal”: Lyle Denniston has this post at “SCOTUSblog.”
The U.S. Supreme Court granted review today in five cases, and you can access today’s Order List at this link.
In early news coverage, The Associated Press reports that “High court to rule when judges must bow out“; “High Court to hear appeal over anti-Clinton movie“; and “High Court to decide limits on retrials.”
Greg Stohr of Bloomberg News reports that “Judicial Campaign Contributions Get U.S. Supreme Court Hearing” and “Former Enron Official Gets U.S. Supreme Court Hearing.”
And Reuters reports that “US top court to decide Massey Energy case.”
Programming note: A meeting with opposing counsel in a pending appeal will have me out of the office until later today. Additional posts will appear here this afternoon.
“Woman walks with $275k in dance hall case”: The Citizen-Times of Asheville, North Carolina today contains an article that begins, “Rebecca Willis sued to make her point six years ago. A settlement Thursday gave her a six-figure exclamation point. The town of Marshall agreed to pay $275,000 for banning Willis from a community dance hall on allegations her moves were too risque.”
The News-Record and Sentinel of Marshall, North Carolina reports that “Lawyer says ‘dirty dancing’ case finally settled.”
And The Associated Press reports that “Legal grind ends for woman accused of dirty dance.”
This blog’s earlier coverage of two federal appellate court rulings in the case can be accessed here and here.
“11th Circuit Dissent Could Push Attorney Fees Case to U.S. Supreme Court”: law.com provides this report. My most recent coverage of this case appears here.
“Court again struggles with First Amendment doctrines”: Tony Mauro has this news analysis online at the First Amendment Center.
“Justices Revoke Limits On Navy Use of Sonar”: Jerry Markon and Juliet Eilperin have this article today in The Washington Post.
Today in The Los Angeles Times, David G. Savage and Kenneth R. Weiss report that “Ruling unlikely to quell sonar storm.”
In USA Today, Joan Biskupic reports that “High court OKs sonar training off Calif. coast.”
law.com’s Tony Mauro reports that “High Court Sides With Navy in Sonar Case.”
McClatchy Newspapers report that “Supreme Court sides with Navy over whales in sonar dispute.”
In The San Francisco Chronicle, Bob Egelko has an article headlined “Supreme Court on sonar: Navy trumps whales.”
In The Daily Journal of California, Lawrence Hurley has a front page article headlined “Supreme Court strikes ban on Navy’s use of sonar in the Pacific.”
And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment entitled “High Court Sides With Navy In Sonar Dispute” (RealPlayer required).
“Angrier response to Prop. 8 steps up; After a professional campaign failed to defeat the measure, a Web-based opposition is making itself heard”: The Los Angeles Times contains this article today.
And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Calif. Gay-Marriage Backers Go To Court Over Ban” (RealPlayer required).
“Repeal of death penalty urged; Md. panel votes to end executions”: This article appears today in The Baltimore Sun.
And The Washington Post reports today that “Panel Calls for Abolition of Death Penalty; System Is Open to Error, Costs Too Much and Fails to Deter Crime, Members Say.”
You can access the web site of the Maryland Commission on Capital Punishment by clicking here.
“Judges Deny Congressman’s Bid to Dismiss Charges”: Today’s edition of The Washington Post contains an article that begins, “A unanimous appeals court panel yesterday rejected a bid by Rep. William J. Jefferson (D-La.) to dismiss his indictment on bribery and conspiracy charges, batting away arguments that prosecutors flouted the special protection he enjoys as a member of Congress.”
And The Times-Picayune of New Orleans reports today that “Charges against Jefferson to stand; Judges reject call to toss 14 counts.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
“Obama Team Faces Major Task in Justice Dept. Overhaul; Goal Is to Restore Confidence in Law Enforcement Actions”: This article appears today in The Washington Post.
“Indefinite Detention Center: Why you shouldn’t expect Guantanamo to close any time soon.” Joseph Landau has this essay online today at The New Republic.
And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Closing Detention Center Easier Said Than Done” (RealPlayer required).
“Brian Nichols trial: Death sentence or life in jail? Witnesses testify in penalty phase about whether society will be safe from convicted murderer.” The Atlanta Journal-Constitution contains this article today.
And the Fulton County Daily Report contains an article headlined “Prosecution: Courtroom Shooter Is Still a Danger; During sentencing trial, defense urges jury to look at Brian Nichols’ life so client can avoid death penalty.”
“State’s Top Judge, Now 70, Gives Her Farewell Speech”: This article appears today in The New York Times.
