The U.S. Court of Appeals for the Sixth Circuit has today issued its ruling in Geoffrey Fieger v. Michigan Supreme Court: Today’s ruling begins:
After a panel of judges on the Michigan Court of Appeals reversed a $15 million judgment initially entered in favor of his client, and while the case was pending before the court, attorney Geoffrey Nels Fieger made vulgar comments about the judges on a radio show he hosted.
The majority on a divided three-judge panel reached the following holding:
We vacate the judgment of the district court and remand with instructions to dismiss the complaint for lack of jurisdiction. We hold that Fieger and Steinberg lack standing because they have failed to demonstrate actual present harm or a significant possibility of future harm based on a single, stipulated reprimand; they have not articulated, with any degree of specificity, their intended speech and conduct; and they have not sufficiently established a threat of future sanction under the narrow construction of the challenged provisions applied by the Michigan Supreme Court. For these same reasons, we also hold that the district court abused its discretion in entering declaratory relief.
In the decision under review, the district court had ruled that the courtesy and civility provisions of the Michigan Rules of Professional Conduct violate the First and Fourteenth Amendments to the U.S. Constitution because the rules are overly broad and vague and enjoined their enforcement. Back on September 5, 2007, I had this post about the district court’s ruling that the Sixth Circuit has set aside today.
Senior Circuit Judge Gilbert S. Merritt dissented from today’s ruling and would have held that Fieger had standing.
“First inauguration for Roberts as chief justice”: Mark Sherman of The Associated Press has a report that begins, “Chief Justice John Roberts is giving the oath of office to President-elect Barack Obama, the first of what could be many inaugurations presided over by the affable, conservative jurist.”
“Obama Has Chance to Shape U.S. Courts; Vacancies of Appellate Judges, Makeup in Congress Should Give New President Sway Over How Laws Will Be Interpreted”: Ashby Jones has this article today in The Wall Street Journal.
“Ala. attorney general seeks support for judge in Massey case”: Yesterday’s edition of The Charleston (W. Va.) Gazette contained an article that begins, “Alabama Attorney General Troy King wants attorneys general around the country to join him in supporting West Virginia Supreme Court Chief Justice Brent Benjamin and Massey Energy in a case pending before the U.S. Supreme Court. King believes the U.S. Supreme Court should not create any federal rules about when or why state court justices should remove themselves from hearing cases before them.”
“Move to let Gary gun-violence lawsuit proceed stirs debate; Some see landmark case; others call Gary suit unfounded”: The Indianapolis Star yesterday contained an article that begins, “One by one, local governments have filed lawsuits that try to hold firearms manufacturers responsible for gun violence on city streets. And, one by one, the lawsuits have either been dismissed by courts or dropped. Until last week. In what gun control advocates quickly hailed as a landmark decision, the Indiana Supreme Court ruled last week that a lawsuit filed by the city of Gary can proceed toward trial. That leaves Gary as the last plaintiff standing among more than 30 cities and states that have sued the gun industry over the past decade — and at the epicenter of a contentious debate.”
Two Mondays ago at “The Indiana Law Blog,” Marcia Oddi had this post reproducing the text of the Indiana Supreme Court‘s ruling
“A First for Nation and Chief Justice”: Robert Barnes has this article today in The Washington Post.
“World Court: U.S. execution broke global law.” Lyle Denniston has this post at “SCOTUSblog.”
“Will Europe help close Guantanamo?” McClatchy Newspapers provide this report.
“Bush Commutes Sentences of Ex-Agents; When in U.S. Border Patrol, Two Shot Mexican Who Admitted Smuggling Drugs”: This article will appear Tuesday in The Washington Post.
Tuesday’s edition of The New York Times will report that “Bush Commutes 2 Border Agents’ Sentences.”
The Los Angeles Times provides a news update headlined “Bush commutes former Border Patrol agents’ prison terms; The two ex-lawmen had been convicted of shooting an unarmed Mexican drug smuggler; The case has been a cause celebre among illegal-immigration foes.”
McClatchy Newspapers report that “Bush commutes sentences of 2 Border Patrol agents.”
The Houston Chronicle provides a news update headlined “Bush commutes sentences of 2 ex-Border Patrol agents.”
And The Dallas Morning News provides an update headlined “Bush frees 2 Border Patrol agents imprisoned for shooting smuggler.”
“How Much Should Judges Make?” Adam Liptak will have this installment of his “Sidebar” column Tuesday in The New York Times.
“9/11 terror suspects defiant at Guantanamo hearing”: Carol Rosenberg of The Miami Herald has this news update.
And The Associated Press reports that “9/11 suspects declare guilt at Gitmo war court.”
“No Pardon For Libby; Bush uses clemency powers sparingly to the end”: Michael Isikoff of Newsweek provides this online report.
“Bush commutes sentences of former US border agents”: The Associated Press provides this report.
My earlier coverage of the Fifth Circuit’s decision affirming the agents’ criminal convictions can be accessed here.
Imagine having only yourself to blame if you’re disgruntled about the due date for filing your client’s principal brief on appeal: Last Friday, the U.S. Court of Appeals for the Second Circuit announced a new policy for determining when appellate briefs will be due in criminal appeals.
Whether this new policy will speed-up or slow-down the processing of criminal appeals remains to be seen.
“It’s too late to save face for judiciary”: Yesterday in The Galveston County Daily News, Heber Taylor had an op-ed that begins, “You can say one thing about the Judicial Council of the 5th U.S. Circuit Court of Appeals’ order saying it would reopen its investigation into U.S. District Judge Samuel B. Kent: It’s a year too late to be credible.”
“World Court says US defied order in death row case”: The Associated Press provides a report that begins, “The International Court of Justice has ruled that the United States defied its order when authorities in Texas last year executed a Mexican convicted of rape and murder.”
You can access at this link the press release that the International Court of Justice issued today. And you can access today’s ruling at this link.
“Illegal wire-tapping suit now in Obama’s court”: Today in The San Francisco Chronicle, Bob Egelko has a front page article that begins, “President-elect Barack Obama dismayed civil liberties groups last summer when he voted to authorize President Bush’s clandestine wiretapping program after publicly denouncing it. Now, thanks to a ruling by a San Francisco federal judge, Obama must take a stand on whether the Bush administration violated Americans’ rights when it intercepted their phone calls and e-mails without seeking a court’s permission.”
“Harlington Wood Jr., 88, Siege Negotiator, Is Dead”: This obituary appears today in The New York Times.
Earlier, obituaries for Senior Seventh Circuit Judge Harlington Wood, Jr. appeared in The State Journal-Register of Springfield, Illinois and in The Chicago Tribune.
“Gitmo war court back for what may be last session”: The Associated Press provides this report.
And Carol Rosenberg of The Miami Herald reports that “At Guantanamo, it’s business as usual.”
“Interest Rate Drop Has Dire Results for Legal Aid”: The New York Times today contains an article that begins, “Scores of legal aid societies that help poor people with noncriminal cases — like disputes over foreclosures, evictions and eligibility for unemployment benefits — are being forced to cut their staffs and services, even as requests for help have soared.”
“Rulings of Wrongful Detentions at Guantanamo”: This article will appear Monday in The New York Times.
“Katyal Tapped as Principal Deputy in SG’s Office”: Joe Palazzolo has this post at “The BLT: The Blog of Legal Times.”
“Claiming juror misconduct, Ford seeks to overturn settlement it agreed to pay”: Chuck Lindell and Corrie MacLaggan have this article today in The Austin American-Statesman. According to the article, the case is now pending before the Supreme Court of Texas.
“Hawaiian rights activists take land case public in Waikiki march; Demonstration held in conjunction with overthrow observance”: This article appears today in The Honolulu Advertiser.
“High court’s Gunter censured over fight with sister”: The Arkansas Democrat-Gazette yesterday contained an article that begins, “An Arkansas Supreme Court justice was reprimanded Friday by a state judicial panel, apparently the first censure ever of a member of Arkansas’ highest court.”
And The Associated Press reports that “Arkansas panel reprimands Supreme Court justice.”
You can view the reprimand at this link.
“Hoping That Left Is Right: Gavin Newsom, a vocal supporter of gay marriage, is betting his future on the fact that social attitudes are growing more liberal.” The January 26, 2009 issue of Newsweek will contain this article.
“Top court to decide fate of a killer; End of death penalty put sentence in limbo”: This article appears today in The Newark (N.J.) Star-Ledger.
And in somewhat related news, The Progress of Caldwell, New Jersey reported on Friday that “Chief Justice Rabner returns to his hometown; Enjoys lunch with Kiwanian friends and 80 guests at Hanover Manor.”
“Record labels ask First Circuit to block webcast of federal court hearing; I dissent!” Ben Sheffner has this post at his “Copyrights & Campaigns” blog.
“Alabama woman takes historic ride with Obama; defeat in court case brings Ledbetter to the attention of soon-to-be first family”: This article appears today in The Birmingham News.
“Voting Rights Anachronism”: Columnist George F. Will has this op-ed today in The Washington Post.
“Two Stars, Meeting Across a Bible”: Today in the Week in Review section of The New York Times, Linda Greenhouse has an article that begins, “A few pairings stand out in the history of chief justices swearing in presidents.”
“All the Presidents’ Justices: Barack Obama and Chief Justice John Roberts have more in common than their rhetoric might suggest.” Dahlia Lithwick will have this essay in the January 26, 2009 issue of Newsweek.
“1st time for everyone: Roberts will swear in Obama.” Mark Sherman of The Associated Press has a report that begins, “Two Harvard-educated lawyers who made rapid ascents to power will briefly share the stage Tuesday at the presidential inauguration.”
“Prosecutor seeks, loses bid to delay terror hearings; Both the chief prosecutor and his defense counterpart sought delays in next week’s war court sessions straddling the inauguration but two Army colonels denied the request”: Carol Rosenberg of The Miami Herald provides this report.
Today in The Los Angeles Times, Carol J. Williams reports that “Guantanamo defense calls for charges to be dropped; The convening authority said this week that some of the men facing trial were tortured; Dropping all charges ‘is the legally and morally correct course,’ the defense writes in a letter.” You can view the letter at this link.
Jonathan S. Landay of McClatchy Newspapers has an article headlined “Appointee: Guantanamo suspects likely to face civilian courts.”
And The New York Times reports today that “Pentagon Studies Bases as Alternative to Guantanamo; G.O.P. Lawmakers Object.”
“At confirmation, two views of Holder emerge; On the second day of hearings for the attorney general nominee, ex-FBI Director Louis Freeh hails Holder’s professionalism, while a bombing victim’s son lambastes nationalist clemencies”: This article appears today in The Los Angeles Times.
The Washington Post today contains an article headlined “Attorney General Nominee Eric Holder Gains Support From GOP, Law Enforcement.” The newspaper also contains an editorial entitled “Confirm Mr. Holder: The Senate hearing showed his grasp of the issues — and the lessons he learned about a pardon.”
The New York Times contains an article headlined “Support for Justice Dept. Nominee From Ex-F.B.I. Chief” and a news analysis headlined “Torture Remarks May Force Hand of New Administration.”
And law.com reports that “On National Security, DOJ May Stay the Course.”
