“ACLU taking Taser use to the Supreme Court”: This article appeared yesterday in Santa Rosa’s Press Gazette.
The News Herald of Panama City, Florida reports today that “Taser case could reach Supreme Court.”
And The Cape Coral Daily Breeze reported yesterday that “Taser policies may get Supreme Court review.”
Last Thursday, the ACLU of Florida issued a news release titled “ACLU of Florida Asks U.S. Supreme Court to Hear North Florida Taser Excessive Force Case.” You can access the petition for writ of certiorari at this link.
“Rounds urged to pick more minority judges; State judicial system doesn’t reflect S. Dakota population”: This article appears today in The Argus Leader of Sioux Falls, South Dakota.
“Not interested, Granholm says again; Governor reaffirms she will not take Supreme Court or other appointment in Obama administration”: Yesterday’s edition of The Detroit News contained this article.
“High court to hear Alaska man’s DNA appeal”: This article appears today in The Anchorage Daily News.
“Seeking relief from medical device makers: Recent court rulings have made it difficult for patients injured by a medical device to sue the product’s maker; But Congress has taken notice and could intervene.” The Minneapolis Star Tribune contains this article today.
“Melvin receives GOP endorsement for state Supreme Court seat”: This article appears today in The Pittsburgh Post-Gazette.
In the Winter 2009 issue of Harvard Political Review: The magazine contains articles headlined:
“Warming the Bench: Obama’s nominations will be liberal, but not in the conventional sense“;
“A Type of Justice: Judicial experience and Supreme Court nominations“;
“The Kennedy Court: How Anthony Kennedy dominates the Roberts Court“;
“Ideology and the Courts: Obama and the conservative legal movement“;
“A Small Court in D.C.: How the D.C. Circuit Court shaped the war on terror“;
“Civil Rights in the Courts: A changing legal landscape“;
“Impartial Intentions: Methods of appointing State Supreme Court judges“; and
“Legislating from the Bench: Creating precedent for the law.”
The magazine posted these articles online yesterday at its web site.
“Judge Kent asks for 2 separate trials; He’s charged with both sexual abuse and obstruction of justice”: Mary Flood had this article Thursday in The Houston Chronicle.
The article begins, “U.S. District Judge Samuel Kent has requested two criminal trials instead of one. Kent, who is scheduled to be tried this month on five felony charges of sexual abuse and one charge of obstructing justice, asked this week that the obstruction charge be dismissed or tried separately. Kent argued that he should have two trials because he must take the stand in a trial of the sexual abuse cases, but he must not testify on his own behalf in the other case. Dick DeGuerin, Kent’s lawyer, argued in the filings that Kent would lose his constitutional right not to testify about one charge, or his constitutional right to testify in the other five charges, if all six are tried together.”
“A Justice’s Battle: Ruth Bader Ginsburg’s candor about her health is an important example for her peers.” This editorial appears today in The Washington Post.
“If Ginsburg Retires, Obama Faces A Tough Choice”: Stuart Taylor Jr. will have this article in the February 16, 2009 issue of Newsweek,
“Torture on trial? A case coming before a federal appeals panel gives the judiciary another chance to examine the secrecy surrounding the government’s ‘extraordinary rendition’ program.” This editorial appears today in The Los Angeles Times.
Yesterday, I had this post linking to a related newspaper article.
“Obama Talks to Sept. 11, USS Cole Families About Guantanamo Prison”: This article appears today in The Washington Post.
And today’s edition of The Los Angeles Times contains an article headlined “Panetta tells Senate panel he’ll examine the effectiveness of coercive interrogation; Leon Panetta, Obama’s nominee to head the CIA, says he’ll look into claims that coercive methods can produce reliable information; That could open the door to reinstatement of some techniques.”
“SJC sees possible bias in rape case; Why charge only the boy? Judges bitterly divided on issue.” The Boston Globe today contains an article that begins, “A sharply divided Supreme Judicial Court said yesterday that a 14-year-old boy accused of statutory rape may have been a victim of gender discrimination because authorities charged him and not the three underage girls with whom he allegedly had sex.”
And The Associated Press reports that “Court questions whether Plymouth County prosecutors should have charged preteen girls in rape case; Teen boy claims discrimination.”
You can access yesterday’s ruling of the Supreme Judicial Court of Massachusetts at this link.
“Ginsburg’s Illness Puts Focus on Choices Ahead for Obama”: Today in The Washington Post, Carrie Johnson has an article that begins, “The announcement this week that Supreme Court Justice Ruth Bader Ginsburg had been diagnosed with pancreatic cancer served as an early reminder of the weighty judicial choices ahead for President Obama, who must fill urgent vacancies on appeals courts and federal trial courts as well as potential seats on the nation’s highest court.”
“Uncertainty for High Court in Wake of Ginsburg Health News”: law.com’s Tony Mauro has this report.
“Rulings on gay couples’ benefits question Defense of Marriage Act; Two judges’ decisions don’t extend beyond the two couples in question because the rulings came in the federal court’s administrative dispute process, rather than in lawsuit judgments”: Carol J. Williams has this article today in The Los Angeles Times.
You can access the rulings in question here and here.
“Claims of Torture Abroad Face Test Monday in Court”: John Schwartz has this article today in The New York Times about a case that is to be argued next Monday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
According to the session calendar, the three judges who will hear and decide the case are Circuit Judges Mary M. Schroeder and Michael Daly Hawkins and Senior Circuit Judge William C. Canby, Jr.
“9/11 families applaud Obama at meeting on Guantanamo”: Margaret Talev and Carol Rosenberg of McClatchy Newspapers have this report.
Saturday’s edition of The New York Times will report that “Suspects Will Face Justice, Obama Tells Families of Terrorism Victims.”
Jess Bravin of The Wall Street Journal has a news update headlined “Obama Meets With Families of 9/11, USS Cole Victims.”
And earlier, today’s issue of The Washington Post contains an article headlined “Obama to Discuss Guantanamo With Victims of Terror Attacks, Their Relatives.”
A shout-out to your humble blogger in the majority opinion in the Eleventh Circuit‘s book removal case? The majority opinion, at page 26, cites to that court’s earlier opinion in “Elend v. Bashman, 471 F.3d 1199 (11th Cir. 2006).” According to Westlaw, however, the actual name of the defendant-appellee in that case was W. Ralph Basham, in his official capacity as Director of the U.S. Secret Service.
Today at “The Volokh Conspiracy,” Eugene Volokh has posts titled “What Do Supreme Court Precedents Tell Us About Removal of Books from School Libraries” and “What May a School Board Do When It Concludes an Elementary School Library Book Omits Important Information?” addressing the substance of the ruling.
“Bid to Reclassify Guantanamo Data Marches On”: Today at his blog, Josh Gerstein has a post that begins, “Despite President Obama’s promises to bring a new wave of transparency to government, the Justice Department is still opposing a media-led effort to give the public access to certain court records pertaining to war-on-terror detainees at Guantanamo Bay.”
“SG Changes Stance in Clean Air Act Case”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
At “SCOTUSblog,” Tom Goldstein has a post titled “EPA moves to dismiss Clean Air Act case, reversing Bush Administration policies.”
The Associated Press reports that “Obama seeks tougher controls on mercury emissions.”
Greg Stohr of Bloomberg News reports that “EPA Ends Supreme Court Appeal of Power Plant Rule.”
And James Vicini of Reuters reports that “EPA drops appeal over utility mercury ruling.”
“Justice Ginsburg plans quick return to court”: Mark Sherman of The Associated Press has a report that begins, “Supreme Court Justice Ruth Bader Ginsburg plans to be back at work for the court’s next public session, less than three weeks after surgery for pancreatic cancer. Ginsburg intends to be in court when the justices hear arguments on Feb. 23, Supreme Court spokeswoman Kathy Arberg said Friday.”
“Court: Miami-Dade schools can yank book on Cuba; The Miami-Dade School Board did nothing unconstitutional when it removed ‘Vamos a Cuba’ from library shelves, a federal appeals court has ruled.” This article appears today in The Miami Herald.
My earlier coverage of yesterday’s Eleventh Circuit ruling appears here and here.
Programming note: Additional posts will appear here this afternoon.
“Ginsburg Has Surgery for Pancreatic Cancer”: Adam Liptak will have this article Friday in The New York Times.
Friday’s edition of The Washington Post contain a front page article headlined “Ginsburg Undergoes Surgery For Cancer.”
Online at The Los Angeles Times, James Oliphant and Thomas H. Maugh II have a news update headlined “Ginsburg has surgery for early-stage pancreatic cancer; The cancer is one of the most lethal of diseases, but the fact that the Supreme Court justice underwent surgery is encouraging, a doctor says.”
Michael Doyle of McClatchy Newspapers has an article headlined “Ginsburg’s cancer prompts talk of who’s next on Supreme Court.”
And law.com’s Tony Mauro reports that “Ginsburg Illness Stirs Speculation About Court Departures.”
“Obama to Discuss Guantanamo With Victims of Terror Attacks, Their Relatives”: This article will appear Friday in The Washington Post.
And Carol Rosenberg of The Miami Herald has a news update headlined “Standoff averted: Defense official dismisses charges.”
“Court says banning Cuba book from Miami-Dade schools was legal”: The Miami Herald has a news update that begins, “A federal appeals court ruled Thursday that the Miami-Dade School Board did not violate the Constitution in 2006 when it removed a controversial children’s book about Cuba from the public schools’ library system. In a 2-1 decision, the 11th Circuit Court of Appeals in Atlanta said the board did not breach the First Amendment, and ordered a Miami federal judge to lift a preliminary injunction that had allowed Vamos a Cuba to be checked out from school libraries.”
And The Associated Press provides a report headlined “Judges: Miami school board can ban book about Cuba.”
My earlier coverage of today’s Eleventh Circuit ruling appears at this link.
“Judge signals trouble for Bonds prosecution”: Bob Egelko of The San Francisco Chronicle has this news update. In today’s print edition of that newspaper, columnist Gwen Knapp has an essay entitled “MLB Bonds drug tests shouldn’t be admissible.” And columnist Ray Ratto has an essay entitled “Bonds judge faces lose-lose chore Thursday.”
The Los Angeles Times reports today that “Documents detail perjury case against Barry Bonds; The former Giants slugger tested positive for steroids three times in the months before the 2001 season, when he hit a record-breaking 73 home runs, according to the documents.”
And The New York Times contains an article headlined “Positive Drug Tests in Bonds Case.”
“Justice Ginsburg has surgery for cancer”: Bill Mears of CNN.com provides this report.
WSJ.com’s “Health Blog” has a post titled “Understanding Justice Ginsburg’s Pancreatic Cancer.”
And this evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Justice Ginsburg Has Cancer Surgery” (RealPlayer required) featuring Nina Totenberg.
“Few get surgery for grim pancreatic cancer”: The Associated Press provides this report.
“War court judge: Prison conditions my domain.” Carol Rosenberg of The Miami Herald has a news update that begins, “An Army judge who is defying a White House request to freeze the Pentagon’s war court ruled Thursday that he would decide at next week’s hearing at Guantanamo whether the military’s security measures impair a captive’s ability to defend himself.”
“Justice Ginsburg Treated for Pancreatic Cancer”: ABC News correspondent Jan Crawford Greenburg has this post at her “Legalities” blog.
“Justice Ginsburg Has Surgery For Pancreatic Cancer”: This audio segment featuring Nina Totenberg appeared on today’s broadcast of NPR’s “Day to Day.
Totenberg also appeared on a segment titled “Ginsburg Has Surgery For Pancreatic Cancer” on today’s broadcast of NPR’s “Talk of the Nation.”
RealPlayer is required to launch these audio segments.
“Call Off The RBG Retirement Watch, Before It Starts”: Tom Goldstein has this post at “SCOTUSblog.”
And The Associated Press reports that “Obama wishes speedy recovery for Justice Ginsburg.”
The Miami-Dade County Public School District’s decision to ban a book written for elementary school students about life in Cuba spawns a nearly book-length decision from the U.S. Court of Appeals for the Eleventh Circuit: A reader forwards the opinion with the message “Another Carnes classic from the Southern frontier.”
Circuit Judge Ed Carnes wrote the majority opinion, in which Senior U.S. District Judge Donald E. Walter of the Western District of Louisiana has joined. The majority holds that the school district’s decision to ban the book “¡Vamos a Cuba!” after a parent who was formerly a political prisoner in Cuba complained about the book’s accuracy did not violate the First Amendment.
Circuit Judge Charles R. Wilson issued a dissenting opinion, the conclusion of which begins: “For decades, residents of Communist Cuba have emigrated to the United States to escape the repressive totalitarian regime of its dictator, to seek freedom, and to enjoy the privileges of United States citizenship. Prominent among those privileges is the freedom of speech, protected by the First Amendment to the United States Constitution. The banning of children’s books from a public school library under circumstances such as these offends the First Amendment.”
