“Review of Governor’s Conviction Sought”: Today in The New York Times, John Schwartz and Charlie Savage have an article that begins, “Less than a month after the Justice Department asked a judge to drop the case against former Senator Ted Stevens of Alaska because of prosecutorial misconduct, 75 former state attorneys general from both parties have urged Attorney General Eric H. Holder Jr. to conduct a similar investigation of the prosecution of former Gov. Don Siegelman of Alabama, who was convicted nearly three years ago on bribery and corruption charges.”
The newspaper has posted online at this link the letter requesting review.
“2nd Circuit Reverses Reprimand of Dorsey & Whitney; But panel finds ‘abundant’ proof for sanctions against ex-partner”: law.com has this report.
You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“U.S. Supreme Court To Hear New Haven Fire Fighters Reverse Discrimination Case”: This article appears today in The Hartford Courant.
Mark Sherman of The Associated Press reports that “High court hears reverse discrimination arguments.”
On today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment entitled “Supreme Court Hears Firefighter Promotion Case” (RealPlayer required).
The New York Times today contains an editorial entitled “A Bad Test.”
The Washington Post contains an editorial entitled “Trouble in the Firehouse: Firefighters, civil rights law and the politics of race collide at the Supreme Court.”
And The Wall Street Journal contains an editorial entitled “Race in the Workplace: New haven firemen passed their test, but lost a promotion.” In addition, Abigail and Stephan Thernstrom have an op-ed entitled “New Haven’s Racial Test: Merit doesn’t matter for city firefighters.”
Ninth Circuit reinstates lawsuit alleging that Arizona’s private school scholarship tax credit program, as applied, violates the Establishment Clause of the U.S. Constitution: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
In news coverage, The Associated Press reports that “Court revives challenge to Ariz. school tax credit.”
“Supreme Court to hear reverse-discrimination case; In a potentially influential case, white and Hispanic firefighters in New Haven, Conn., claim racial bias in promotion”: Warren Richey of The Christian Science Monitor has this report.
And this evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Justices To Weigh Bias In Civil Service Tests” (RealPlayer required).
“Court Debates Strip Search of Student”: Adam Liptak will have this article Wednesday in The New York Times.
In Wednesday’s edition of The Washington Post, Robert Barnes will have an article headlined “Justices’ Takes on Strip Search Vary; Case of 13-Year-Old Reflects Different Perspectives on Bench.”
And Michael Doyle of McClatchy Newspapers reports that “Justices consider whether strip-search at middle school is OK.”
“Court puts limits on car searches by police”: David G. Savage will have this article Wednesday in The Chicago Tribune.
Robert Barnes of The Washington Post has a news update headlined “High Court Limits Searches of Suspect’s Car After Arrest.”
And Warren Richey of The Christian Science Monitor reports that “Top court clips police authority to search cars; Supreme Court limits warrantless police searches to instances when an officer or evidence is in danger.”
You can access today’s 5-4 ruling of the U.S. Supreme Court in Arizona v. Gant, 07-542, at this link.
“Supreme Court hears case of strip-searched schoolgirl; It heard arguments Tuesday on whether Arizona school officials violated Fourth Amendment privacy rights in strip-searching a 13-year-old girl”: Warren Richey of The Christian Science Monitor has this report.
On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Supreme Court Hears School Strip Search Case” (RealPlayer required).
Earlier, on today’s broadcast of NPR’s “Morning Edition,” Totenberg previewed the oral argument in an audio segment entitled “Supreme Court To Hear School Strip-Search Case” (RealPlayer required).
And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled “Search Me: The Supreme Court is neither hot nor bothered by strip searches.”
“Judge: Free Press reporter can protect sources.” The Detroit Free Press has a news update that begins, “U.S. District Judge Robert Cleland just ruled that Free Press reporter David Ashenfelter does not have to reveal his sources in a 2004 article about an embattled federal prosecutor. Cleland accepted Ashenfelter’s argument that naming his sources would violate Ashenfelter’s Fifth Amendment right under the U.S. Constitution to avoid self-incrimination.”
The Detroit News has an update headlined “Free Press reporter doesn’t have to reveal source, federal judge rules.”
And The Associated Press reports that “Judge upholds right of reporter to not ID sources.”
“Impeachment of U.S. judge urged; N.Y. congressman denounces Bybee for ‘torture memos'”: This article appears today in The Las Vegas Review-Journal.
And The Deseret News reports today that “Many seeking to impeach former BYU law graduate Bybee over torture memos.”
“Legal experts want more from Obama on Guantanamo; The administration appears to have moved the issue, along with global warming, to the back burner as it confronts the economic crisis, world lawyers say”: Carol J. Williams has this article today in The Los Angeles Times.
“U.S. appeals court upholds ‘gilded cage’ sentence for tax cheat”: Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.
And today in The Pittsburgh Tribune-Review, Jason Cato has an article headlined “Washington County tax cheat may serve sentence in his mansion.”
You can access last Friday’s en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.
“Court to Weigh Legality Of Animal Abuse Videos”: Robert Barnes has this article today in The Washington Post.
Today in The Los Angeles Times, David G. Savage reports that “Supreme Court to decide whether dogfight video is free speech; Justices agree to hear a case testing the constitutionality of a law against depictions of animal cruelty.”
And Jason Cato of The Pittsburgh Tribune-Review reports that “Supreme Court agrees to hear case on dogfighting videos.”
“Strip searching students illegal? Supreme Court not so sure; Justices appear unconvinced that the searches should be declared out of bounds; A 13-year-old honors student in Arizona was strip searched in a hunt for drugs.” David G. Savage of The Los Angeles Times has this news update.
Jesse J. Holland of The Associated Press reports that “Justices hear arguments over school strip search.”
Greg Stohr and Kristin Jensen of Bloomberg News reports that “School Strip-Search Draws Questions at Top U.S. Court.”
James Vicini of Reuters reports that “U.S. top court considers school strip search.”
At “SCOTUSblog,” Lyle Denniston has a post titled “A fear may drive a decision.”
At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Arizona Searches and the Supreme Court.”
And at “The School Law Blog” of Education Week, Mark Walsh has a post titled “Justices Hear Arguments in School Strip-Search Case.”
You can access the transcript of today’s U.S. Supreme Court oral argument in Safford Unified School Dist. #1 v. Redding, No. 08-479, by clicking here.
“California’s gay marriage trailblazers look East for signs of progress”: This article appears today in The Sacramento Bee.
“Obama Open to Inquiry in Interrogation Abuses”: The New York Times has a news update that begins, “President Obama on Tuesday left open the door to creating a bipartisan commission that would investigate the Bush administration’s use of harsh interrogation techniques on terrorism suspects, and he did not rule out taking action against the lawyers who fashioned the legal guidelines for the interrogations.”
The Washington Post has a news update headlined “Obama Open to Probe, Prosecutions of Top Officials Over Interrogations.”
The Los Angeles Times has a news update headlined “Obama remarks on torture memos leave open possibility of prosecution; The president opposes prosecution of CIA operatives, but high-level officials who authorized the actions may not be immune.”
Steven Thomma and Marisa Taylor of McClatchy Newspapers have an article headlined “Obama: Prosecution possible for those who OK’d torture.”
And The Associated Press has reports headlined “Obama open to prosecution, probe of interrogations“; “Unresolved debate in DOJ memos: Does torture work?“; and “Cheney: US gained information from interrogations.”
“Franken asks high court to act quickly; Minnesota’s need for its second senator justifies prompt hearing, Franken says”: The Minneapolis Star Tribune has this news update.
And The Associated Press reports that “Franken lawyers seek expedited handling of appeal.”
At his “Election Law” blog, Law Professor Rick Hasen has this post linking to the motion.
“Obama nominee touches a nerve in conservatives”: The Boston Globe today contains an article that begins, “Harold Hongju Koh, the Boston-born dean of Yale Law School, has spent part of his academic career analyzing the ways international law can influence a country’s domestic laws.”
Programming note: On Tuesday morning, I’ll be among the many attorneys presenting oral argument to a three-judge panel of the U.S. Court of Appeals for the Third Circuit in the related cases listed here.
The U.S. Supreme Court will likely release one or more opinions in argued cases at 10 a.m. eastern time on Tuesday. “SCOTUSblog” will provide timely coverage of any developments.
Additional posts will appear here on Tuesday afternoon.
Available online from law.com: Marcia Coyle reports that “High Court to Rule on Bias Avoidance in Major Job Discrimination Case.”
And Shannon P. Duffy reports that “3rd Circuit Hands Major Victories to Criminal Defense Bar.”
“Justices Hear Arizona Case On Teaching English”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening’s broadcast of NPR’s “All Things Considered.”
“Justice Dept. asks court to lift Demjanjuk stay”: The Associated Press has this report.
“Coleman files Senate appeal with state Supreme Court”: The Minneapolis Star Tribune has this news update.
The St. Paul Pioneer Press has a news update headlined “Coleman files notice to appeal.”
And The Associated Press reports that “Minnesota Senate race moves to high court appeal.”
At his “Election Law” blog, Rick Hasen has a post titled “Coleman Appeals.”
“Obama Urges C.I.A. Not to Be Discouraged by Memos”: This article will appear Tuesday in The New York Times.
The Washington Post has a news update headlined “In Visit, Obama Vows Support for CIA.”
And The Associated Press reports that “Obama defends secret memo release to CIA employees.”
“Justices to Rule on Law Banning the Depiction of Cruelty to Animals”: Adam Liptak will have this article Tuesday in The New York Times.
“Court weighs state’s duty to English learners”: The Associated Press has a report that begins, “The Supreme Court seemed to divide into liberal and conservatives camps Monday during arguments in a case that could limit the power of federal courts to tell states to spend more money to educate students who aren’t proficient in English.”
At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Advocate Starr Watches as Justices Breyer and Scalia Spar.”
And at “The School Law Blog” of Education Week, Mark Walsh has a post titled “Justices Weigh Arizona ELL Case.”
You can access the transcript of today’s U.S. Supreme Court oral argument in Horne v. Flores, No. 08-289, by clicking here.
“Dog-fighting videos at heart of Supreme Court case; The court will consider a law that bans the sale or possession of photos or videos of animals being harmed or mutilating one another; Free speech and animal cruelty are issues at stake in the case”: David G. Savage of The Los Angeles Times has this news update.
Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined “High court to hear dog fight video case.”
Greg Stohr of Bloomberg News reports that “Animal Cruelty Law Draws U.S. High Court Review in Speech Case.”
And James Vicini of Reuters reports that “US Supreme Court to rule on animal cruelty law.”
“Justices skeptical on allowing Iraq to be sued”: Jesse J. Holland of The Associated Press has this report.
Bob Egelko of The San Francisco Chronicle is reporting: In today’s newspaper, he has an article headlined “Torture case lawyers may face jail for letter.”
And in this past Saturday’s newspaper, he had an article headlined “Judge rejects bid to derail wiretap challenge.”
“Court to give same-day audio in voting rights case”: The Associated Press has this report.
And at “SCOTUSblog,” Lyle Denniston has a post titled “Early release of voting rights audio.”
“[W]e must decide whether the Second Amendment applies to the states through the Fourteenth, a question that Heller explicitly left open.” In an opinion issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers “yes.” Circuit Judge Diarmuid F. O’Scannlain wrote today’s ruling, in which Circuit Judge Ronald M. Gould and Senior Circuit Judge Arthur L. Alarcon joined. Judge Gould also wrote a short concurring opionion.
At “The Volokh Conspiracy,” Eugene Volokh notes today’s ruling in this post.
“13-year-old’s school strip-search case heads to Supreme Court”: CNN.com has this report.
“Court rejects former Kan. utility CEO’s appeal”: The Associated Press has a report that begins, “The U.S. Supreme Court has rejected the appeal from former Kansas utility head David Wittig of his prison sentence following a 2003 bank fraud conviction.”
“Killers languish on Pennsylvania death row as appeals drag on, stats show”: This article appears today in The Pittsburgh Tribune-Review.
And yesterday’s edition of The Pittsburgh Post-Gazette contained articles headlined “For those convicted, it’s a long road to the death penalty; Even if Richard Poplawski were to be sentenced to die, it may not happen” and “States finding death penalty’s costs prohibitive.”
Happy birthday to Justice John Paul Stevens: According to today’s installment of the popular “Today in History” feature from The Associated Press, Justice Stevens turns 89 years old today.
