“High court justices skeptical in case against Enron exec”: The Houston Chronicle has this news update.
And Mark Sherman of The Associated Press reports that “Court weighs double jeopardy for ex-Enron exec.”
You can access the transcript of today’s U.S. Supreme Court oral argument in Yeager v. United States, No. 08-67, at this link.
“Original Sin: Scalia Unplugged — Supreme Court Justice Uses The Language Of Sin To Describe His Ideological Opponents.” CBS News legal analyst Andrew Cohen has this new installment of his “CourtWatch” column.
Programming note: This morning, I’ll be traveling to and from Bloomsburg, Pennsylvania to meet with two appellate clients who reside there. Additional posts will appear here later this afternoon.
At 10 a.m. eastern time today, the Supreme Court of the United States will issue an Order List (link won’t function until Order List posted online). “SCOTUSblog” will provide coverage of today’s orders.
“Ex-Enron exec taking his case to high court today; Yeager says he shouldn’t be retried after acquittal on related charges”: The Houston Chronicle today contains an article that begins, “The first Enron defendant to bring an argument before the U.S. Supreme Court isn’t among the best-known.”
“Wal-Mart Ruling Has Wide Reach on Discrimination Cases”: Today’s edition of The Wall Street Journal contains an article that begins, “Wal-Mart Stores Inc. heads back to a federal appeals court on Tuesday to argue that a sex-discrimination lawsuit against it shouldn’t proceed as a class-action case covering more than a million women.”
“Putting Guantanamo to good use”: Nathaniel T. Wheelwright has this op-ed today in The Boston Globe.
“Justice may face GOP ire on tenure; Albin drawing fire over his ‘activism'”: The Newark (N.J.) Star-Ledger today contains an article that begins, “Slim, slight and studious, Barry Albin can walk down just about any street in New Jersey without being recognized. That may soon change. Albin, one of seven justices on the New Jersey Supreme Court, is about to become a lightning rod in what promises to be a tough gubernatorial campaign.”
“Hellhole: The United States holds tens of thousands of inmates in long-term solitary confinement; Is this torture?” Atul Gawande has this “Annals of Human Rights” article in the March 30, 2009 issue of The New Yorker.
“Make merit matter by adopting new system of selecting judges; We can achieve accountability by retention voting”: Wallace B. Jefferson, the chief justice of the Supreme Court of Texas, has this op-ed today in The Houston Chronicle.
“Panel tackles all things Supreme Court”: This article appears today in The Charlottesville Daily Progress, reporting on this event.
“4nino” has four U.S. Supreme Court Justice bobblehead dolls (only one of which depicts Nino) up for auction at eBay: You can view the items by clicking here. The auctions will end approximately four days from now.
“Obama policies fresh air for medical marijuana advocates”: McClatchy Newspapers have this report.
“Exxon Valdez: Can it happen again?” In advance of the 20th anniversary of the Exxon Valdez disaster on Tuesday, this article appears today in The Anchorage Daily News, along with an article headlined “Guarding against another Exxon Valdez.”
“Indian feud, 21 counties, a big lawsuit: Demand for $1 trillion in gold spotlights little-known group.” This article appears today in The Newark (N.J.) Star-Ledger.
“The Guard Who Found Islam: Terry Holdbrooks stood watch over prisoners at Gitmo; What he saw made him adopt their faith.” The March 30, 2009 issue of Newsweek will contain this article.
“Judges face problems when their cases involve donors”: This article appears today in The Pittsburgh Tribune-Review.
“Tribe holds city rally to demand trust status”: Today’s edition of The Providence (R.I.) Journal contains an article that begins, “Members of the Narragansett Indian Tribe and supporters paraded more than three miles through the city and held a rally downtown yesterday to call on Congress to pass legislation that would allow the government to place land in trust for the tribe in Charlestown. Legislation would be necessary for the tribe to work around a decision last month by the U.S. Supreme Court that the U.S. Department of the Interior could not place land in trust for the tribe because the Narragansetts were not under federal jurisdiction when the Indian Reorganization Act became law in 1934.”
“Coming Soon: Declassified Bush-Era Torture Memos.” Michael Isikoff and Mark Hosenball will have this article in the March 30, 2009 issue of Newsweek.
“Lawyers’ late filings can be deadly for inmates; Tardy paperwork takes away final appeals for nine men, six of whom have been executed”: This article appears today in The Houston Chronicle.
“Preview: Movies as political messages.” Lyle Denniston has this post today at “SCOTUSblog.”
“Mr. Obama and the Rule of Law”: This editorial appears today in The New York Times.
OMG — Linda Greenhouse is a liberal !!?! In response to this news, Mark Obbie has a post titled “Did Greenhouse overstep an imaginary line?” at his “LawBeat” blog. Obbie’s post now also features a response that Greenhouse emailed to him.
For what it’s worth, I have no problem with the fact that a former news reporter has joined an organization with a political point of view. Whether Greenhouse’s own political point of view was, or should have been, imperceptable while she was covering the U.S. Supreme Court presents the more interesting question insofar as I’m concerned.
“Court settles lawsuit over 1997 death of Fort Knox worker”: This article appears today in The Fairbanks Daily News-Miner reporting on a ruling that the Supreme Court of Alaska issued yesterday.
“U.S. high court deals blow to tribe’s Amador casino plans”: The Sacramento Bee today contains an article that begins, “The U.S. Supreme Court may have done something that Amador County couldn’t manage in two years of legal battles. It may have indirectly stopped another Indian casino from locating in the rural county.”
“A Hawaii Ferry Ends Its Choppy Ride”: Sunday’s edition of The New York Times will contain an article that begins, “The Hawaii Superferry made its final interisland voyage last week, capping a period marked by lawsuits, low ridership and suspicion that its ultimate purpose had more to do with military contracts than with connecting the Hawaiian islands. On Monday, the State Supreme Court effectively grounded the vessel, the Alakai, when it struck down an act passed by the Legislature last year that exempted its operator, Hawaii Superferry Inc., from carrying out an environmental impact study.”
Monday’s ruling of the Supreme Court of Hawaii consisted of a majority opinion and a concurring and dissenting opinion.
“Ex-Enron exec seeks double jeopardy ruling from justices”: The Associated Press has a report that begins, “A former Enron Corp. executive is hoping a little known component of the Fifth Amendment’s double jeopardy clause will help him avoid a retrial on charges related to financial fraud at the once mighty energy giant. Attorneys for F. Scott Yeager are set to present oral arguments before the U.S. Supreme Court on Monday on the issue of whether double jeopardy prevents prosecutors from retrying individuals after a jury votes not guilty on some charges, but fails to reach a verdict on others that share an element with the acquitted charges.”
“Nacchio wins go-to-prison reprieve; Qwest’s ex-CEO won’t have to report to jail while the judge reviews his high-court petition”: This article appears today in The Denver Post.
The Denver Business Journal reports that “U.S. Supreme Court is asked to hear Nacchio’s appeal.”
And Dow Jones Newswires report that “Former Qwest CEO Appeals To Supreme Court.”
You can view the petition for writ of certiorari filed yesterday by clicking here.
Articles of note recently posted online at SSRN: Lori A. Ringhand has an article titled “In Defense of Ideology: A Principled Approach to the Supreme Court Confirmation Process” (via “Legal Theory Blog“).
And Ruggero J. Aldisert, Meehan Rasch, and Matthew P. Bartlett have an article titled “Opinion Writing and Opinion Readers” (via “Legal Theory Blog.”
“Shall We Get Rid of the Lawyers?” In the April 9, 2009 issue of The New York Review of Books, Anthony Lewis will have this review of Philip K. Howard’s book “Life Without Lawyers: Liberating Americans from Too Much Law.”
“Aggrieved Kinko’s bosses can sue company”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court says as many as 490 managers of Kinko’s copy shops in California can go to trial in a lawsuit claiming they have been illegally denied overtime.”
You can access Thursday’s non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“‘Hillary: The Movie,’ now showing at Supreme Court.” Jesse J. Holland of The Associated Press has this report.
“Case Closed: Questions for Sandra Day O’Connor.” In tomorrow’s edition of The New York Times Magazine, Deborah Solomon will have this interview with retired Justice Sandra Day O’Connor.
“Judge Allows Katrina Lawsuit Against Corps of Engineers”: John Schwartz has this article today in The New York Times.
And The Times-Picayune of New Orleans today contains an article headlined “Judge gives go-ahead to MRGO suit; He clears way to hear case against corps.”
You can access yesterday’s ruling of the U.S. District Court for the Eastern District of Louisiana at this link.
“The BLT: The Blog of Legal Times” takes a closer look at the nomination of U.S. District Judge David F. Hamilton to serve on the U.S. Court of Appeals for the Seventh Circuit: You can access posts titled “Circuit Nominee Mixed Corporate, Civil Liberties Work” and “So You Want to be a Judge?”
Available online from law.com: Pamela A. MacLean reports that “6th Circuit Turns to Ohio Supreme Court for Guidance on Controversial Web Obscenity Shield.” My earlier coverage of the ruling appears at this link.
And in other news, “Court Finds No Malpractice in Case Where Client Was Hit With $20 Million in Punitives.” My earlier coverage of the ruling appears at this link.