“Judge: Force-feeding fine for Gitmo.” At Politico.com, Josh Gerstein has an article that begins, “A federal judge ruled Tuesday that the U.S. government has the right to continue force-feeding hunger-striking prisoners at Guantanamo Bay — leaving it up to President Barack Obama whether to press on with the practice.” You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.
And Carol Rosenberg of The Miami Herald has a news update headlined “Guantanamo camps chief gets a promotion.”
“See No Evil: Why is the Obama administration clinging to an indefensible state-secrets doctrine?” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Federal Appeals Court Hears Abu Ghraib Torture Suits”: “The BLT: The Blog of Legal Times” has this post about an appeal argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
“Kagan Confirmation Hearing Doubles as Vetting for Potential New Justice; Elena Kagan has been nominated to be solicitor general, but senators at her confirmation hearing sounded like they were questioning a possible replacement for Supreme Court Justice Ruth Bader Ginsburg”: FOXNews.com provides this report.
And at CQ Politics, Keith Perine reports that “Path Seems Clear for Solicitor General Nominee, Other Top Justice Pick.”
Via C-SPAN, you can view archived video of today’s confirmation hearing before the Senate Judiciary Committee by clicking here. And “The BLT: The Blog of Legal Times” provides photos.
New York State’s highest court hears oral argument in Golden Gate Yacht Club v. Societe Nautique De Geneve: The oral argument is underway now, and you can view it live by clicking here (Windows Media Player required). [Update: The oral argument has concluded. Archived video should become available at the court’s web site sometime tomorrow.] Barry R. Ostrager is arguing for the appellee, while Maureen E. Mahoney is arguing for the appellant.
The Associated Press reports that “America’s Cup court case sails into final showdown.”
The article begins, “This isn’t quite what billionaire sailors and one-time pals Larry Ellison and Ernesto Bertarelli had in mind when they spoke in recent years about modernizing the stodgy old America’s Cup to the point that even landlubbers would embrace it. More than a year and a half after the spinnakers were doused following one of the most riveting regattas in the 158-year history of the America’s Cup, the future of the oldest trophy in international sports will be decided not by sailors splashed by sea spray, but by seven judges in a stately, columned courthouse in upstate New York.”
Listen online to yesterday’s Ninth Circuit oral argument in Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693: A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument yesterday in this case, in which the Obama Administration is persisting in the Bush Administration’s assertion of the “state secrets” doctrine in response to plaintiff’s claims of illegal rendition and torture.
You can access the oral argument audio by clicking here (Windows Media Player required).
Today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “New Administration Backs Bush Secrecy Policy” (RealPlayer required).
Last night, I had this post collecting press coverage of yesterday’s oral argument. Related recent earlier posts appear here, here, and here.
“Hawaii in Legal Spotlight: Ceded lands case headed to US Supreme Court at the end of the month.” Yesterday’s edition of The Molokai Dispatch contained this article.
“Suit claims paper broke its promise; Involved are attorney Robert L. Wolf, his former client, and Willamette Week”: This article appears today in The Oregonian.
“A story built on property rights and eminent domain”: Today in The Boston Globe, Michael Kenney has this review of Jeff Benedict’s new book, “Little Pink House: A True Story of Defiance and Courage.”
“Texas SC says Astros pitcher can’t sue Detroit team over arm injury”: The Southeast Texas Record published this article last week.
“Big money bad in Wisconsin Supreme Court race”: This editorial appears today in The Wisconsin State Journal.
“In defense of Justice Benjamin”: Al Emch had this op-ed yesterday in The Charleston (W. Va.) Daily Mail.
Chief Justice John G. Roberts, Jr. is heading to Moscow: Moscow, Idaho, that is.
The Idaho Business Review reports that “Chief Justice Roberts will visit University of Idaho in March.”
And The Moscow-Pullman Daily News reports that “Supreme Court justice to speak at the UI.”
“Harvard Dean, Chosen as Solicitor General, Goes Before Senators”: Robert Barnes has this article today in The Washington Post.
At Politico.com, John Bresnahan has an article headlined “Is solicitor hearing a trial balloon?”
And today in The Washington Times, Wendy E. Long has an op-ed entitled “Obama’s legal extremists.”
“SCOTUSblog” is planning to provide live coverage of today’s confirmation hearing beginning at 10 a.m. eastern time. And the Senate Judiciary Committee is planning a live webcast of the hearing (RealPlayer required).
“Miranda rule may hamper detainee trials; None of the men held at Guantanamo were advised of their rights against self-incrimination; That and other issues may cause problems for President Obama’s goal of trying them in a civil legal system”: Julian E. Barnes and David G. Savage will have this article Tuesday in The Los Angeles Times.
“Obama Backs Off a Reversal on Secrets”: Tuesday in The New York Times, John Schwartz will have an article that begins, “In a closely watched case involving rendition and torture, a lawyer for the Obama administration seemed to surprise a panel of federal appeals judges on Monday by pressing ahead with an argument for preserving state secrets originally developed by the Bush administration.”
Tuesday’s edition of The Washington Post will report that “Justice Dept. Uses ‘State Secrets’ Defense; Obama Backs Bush Decision on Rendition Lawsuit.”
Maura Dolan and Carol J. Williams of The Los Angeles Times have a news update headlined “Appeals court urged to reject rendition case; The Obama administration cites the ‘state secrets’ privilege, echoing Bush’s opposition to trial of the ACLU suit.”
Bob Egelko of The San Francisco Chronicle has a news update headlined “Obama sticks to Bush stance on torture suit.”
Tuesday’s edition of The Guardian (UK) reports that “Obama administration maintains Bush’s ‘state secrets’ policy.”
And James Vicini of Reuters reports that “Justice Department to review all state secrets claims.”
“AG Holder Demands Review of Bush-Era State Secrets”: David Kravets has this post at Wired.com’s “Threat Level” blog.
“Judges tentatively order Calif. inmate release”: The Associated Press has a report that begins, “A special panel of federal judges tentatively ruled Monday that California will have to release tens of thousands of inmates to relieve overcrowding over the next several years.”
I have posted online at this link today’s tentative ruling of a three-judge panel of the U.S. District Court for the Eastern and Northern Districts of California.
Update: Bob Egelko of The San Francisco Chronicle has a news update headlined “Judges order state to free thousands of inmates.”
The Los Angeles Times has a news update headlined “Judges indicate they may order prison population reduced by 58,000; Federal panel issues tentative ruling in lawsuit brought by inmates, who say overcrowding in state prisons violates their right to adequate healthcare; A massive inmate release is not likely.”
And Tuesday’s edition of The New York Times will report that “Court Orders California to Cut Prison Population.”
“Obama lawyers maintain Bush position in suit”: The Associated Press has a report that begins, “An Obama administration lawyer is urging a federal appeals court panel to throw out a lawsuit accusing a Boeing Co. subsidiary of illegally helping the CIA secretly fly terrorism suspects overseas to be tortured.”
“Exhibitionists beware: Myrtle Beach is watching; Council to vote on stricter thong rule this week.” This article appears today in The Sun News of Myrtle Beach, South Carolina.
Perhaps, given her experience on the subject, retired Justice Sandra Day O’Connor will be invited to sit by designation with the U.S. Court of Appeals for the Fourth Circuit should a constitutional challenge to the ordinance reach the federal appellate level.
“Obama Administration Maintains Bush Position on ‘Extraordinary Rendition’ Lawsuit”: Jake Tapper and Ariane de Vogue have this post at the ABC News blog “Political Punch.”
A related news release today from the ACLU is titled “Justice Department Stands Behind Bush Secrecy In Extraordinary Rendition Case.”
“There’s a New Lawyer in Town: The top 10 cases the Obama Justice Department should redo.” Emily Bazelon and Judith Resnik have this jurisprudence essay online at Slate.
“AG Holder reviewing all state secrets claims”: The Associated Press provides this report.
“Should CJ Roberts Recuse in Landmark Wyeth Case?” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
Ninth Circuit Chief Judge Alex Kozinski considers the question of implied preemption under the Federal Aviation Act: You can access today’s ruling at this link.
“Teenage terrorist or confused kid — Gitmo’s youngest prisoner”: CNN.com provides this report.
“Rendition case in S.F. to test Obama policies”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The public is likely to get its first close look at the Obama administration’s policies on torture, secrecy and prisoners’ rights in a San Francisco courtroom today, when federal judges press a government lawyer for a position on the practice known as extraordinary rendition.”
Last Friday, I had this post identifying the three judges serving on the U.S. Court of Appeals for the Ninth Circuit who will hear oral argument of the appeal today. Once that court posts the oral argument online, I will provide a link to it.
Update: In addition, yesterday’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Rendition Suit A Test Of Obama Transparency” (RealPlayer required).
“Blog ruling sets stage for high court battle”: The New Haven Register today contains an article that begins, “A New Haven-based federal judge’s ruling against a high school student for language used in her blog has led to a vow for court appeals. Meanwhile, a state legislator has introduced a bill to protect students’ free speech rights. Although U.S. District Judge Mark R. Kravitz ruled Burlington school officials were within their rights when they disciplined Avery Doninger for calling school administrators ‘douche bags’ on her blog, defense attorney Jon Schoenhorn said this is a ‘censorship’ issue that could ultimately be decided by the U.S. Supreme Court.” You can access the ruling at this link.
And in somewhat related news, The San Francisco Chronicle reports today that “Web 2.0 defamation lawsuits multiply.”
“DAs may get death penalty alternative; Bill allowing option of a life without parole sentence would fix ‘gaping hole in Georgia law'”: Bill Rankin has this article today in The Atlanta Journal-Constitution.
“State cannot have clear title to former kingdom lands”: Today in The Honolulu Star-Bulletin, Kamanamaikalani Beamer has an op-ed that begins, “Gov. Linda Lingle used her recent ‘State of the State’ address to defend her position in appealing a state Supreme Court case that halted the sale of ‘ceded lands,’ or what is often referred to as the former crown and government lands of the Hawaiian kingdom. The U.S. Supreme Court will hear arguments next month on the administration’s appeal of the Hawaii high court ruling that the state cannot sell or transfer ceded lands until native Hawaiian claims are settled.”
“Could Chicago’s Judge Wood fill Ginsburg’s seat if she resigns from Supreme Court?”: Today in The Chicago Sun-Times, Abdon M. Pallasch has an article that begins, “She seems to be at the top of many handicappers’ lists — just as she was 14 years ago when President Bill Clinton had a chance to fill an opening on the federal appellate court in Chicago. Judge Diane Pamela Wood, 58, has spent the last 14 years going toe-to-toe with the legendary conservative lions of Chicago’s 7th Circuit Court of Appeals, Richard Posner and Frank Easterbrook, and her fans say she could ably fill the shoes of Ruth Bader Ginsburg on the moderate-liberal wing of the U.S. Supreme Court.”
“‘(Ledbetter’s) story inspires everyone'”: Yesterday’s edition of The Birmingham News contained an article that begins, “Jacksonville native Lilly Ledbetter has become a household name in the fight for equal pay. But not many folks know Jon Goldfarb, the Birmingham lawyer who represented her for free during the past decade in a case that culminated last month with President Barack Obama signing the Lilly Ledbetter Equal Pay Act.”
“Linked Retirements and the Summer of 2009”: Tom Goldstein has this post at “SCOTUSblog.”
In response, at “The Volokh Conspiracy,” Orin Kerr has a post titled “The Timing of Supreme Court Retirements.”
“Ending the judge wars: It’s time to move beyond partisan battles over nominations to federal courts.” This editorial appears today in The Los Angeles Times.
“Student fails to persuade Justice Scalia”: Columnist Frank Cerabino had this op-ed yesterday in The Palm Beach Post.
