“US prosecutor admits error, hopes for 2d chance”: Today in The Boston Globe, Jonathan Saltzman has an article that begins, “A federal prosecutor acknowledged yesterday that she withheld evidence that could have helped clear a defendant in a gun case but said it was an inadvertent mistake and implored the chief judge of the US District Court in Massachusetts not to impose sanctions that could derail her career.”

On this date in 1994, “President Bill Clinton nominated federal appeals Judge Stephen G. Breyer to the U.S. Supreme Court to replace retiring Justice Harry A. Blackmun”: So reports The Associated Press in today’s installment of its popular “Today in History” feature.

“Officials’ Testimony On Interrogations Scrutinized”: This audio segment (RealPlayer required) appeared on this evening’s broadcast of NPR’s “All Things Considered.”

“Factions lobby over potential Obama court pick”: The San Francisco Chronicle has this news update.

The Hill reports that “Clock ticks for nominee.”

Politico.com has articles headlined “Robert Gibbs to interest groups: Lobbying for Supreme Court nominees won’t help“; “Feinstein pushes two Hispanic judges“; and “New push to bring cameras in Supreme Court.”

Canwest News Service reports that “Canadian-born governor shortlisted for U.S. top court justice.”

Legal Newsline reports that “Nevada AG mentioned as possible Supreme Court nominee.”

The Daily Iowan today contains an article headlined “Who will replace Souter? Locals weigh in.”

And at law.com, Cheryl D. Stein has an essay entitled “Strip Search Case Reveals the Need for Another Female Justice.”

“Prosecutor drops charges; House’s family ‘on Cloud Nine'”: The Knoxville News Sentinel has an update that begins, “A prosecutor today dismissed murder charges against Paul House, 24 years after Union County killing for which he was sentenced to death row.”

And Bill Mears of CNN.com reports that “Man who spent 22 years on death row is cleared.”

“Will Supreme Court Keep Its Front Doors Open?” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

The Associated Press is reporting: Now available online are articles headlined “Obama’s court pick to be shaped by his experience” and “Breyer: Justices review plans to close main entry.”

“What Will Kill the Next Supreme Court Nominee? A) abortion, B) gay rights, or C) neither.” Emily Bazelon has this jurisprudence essay online at Slate.

“Yahoo wins round over nude photos; woman will continue lawsuit”: This article appears today in The Oregonian.

My earlier coverage of last week’s Ninth Circuit ruling appears at this link.

“Court Hears Appeal in D.C. Sniper Case”: Jerry Markon of The Washington Post has this news update.

And The Richmond Times-Dispatch has a news update headlined “Sniper’s lawyers say he was incompetent at trial.”

Majority on divided three-judge Ninth Circuit panel rejects Commerce Clause challenge to federal law prohibiting the purchase, ownership, or possession of body armor by violent felons: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The federal statute in question can be viewed at this link.

The Associated Press is reporting: Now available online are articles headlined “Charges dropped against former TN death row inmate” and “Court hears appeal by DC sniper mastermind.”

“[W]e agree with two other circuits that discriminatory surveillance by a retailer is insufficient to establish interference with protected activity under sec. 1981.” So holds the majority in a ruling that the en banc U.S. Court of Appeals for the Eighth Circuit issued today in a lawsuit alleging race discrimination at the Dillard’s department store in Columbia, Missouri.

Eleven judges participated in today’s ruling. Four judges dissented in full and one judge dissented in part. The lead dissenting opinion begins, “I respectfully dissent from the majority’s failure to give effect to the legislation enacted by Congress to give African Americans equal rights to contract and to purchase goods as possessed by whites.”

Circuit Judge Steven M. Colloton is the author of today’s majority opinion. In July 2007, he dissented in part from the original three-judge panel’s opinion, which had reinstated most of the plaintiffs’ claims. Judge Colloton’s opinion from July 2007 began, “The principal question presented on this appeal is whether alleged discriminatory surveillance by a retail merchant, in which members of a particular racial group are watched more closely than others while shopping, constitutes a violation of the rights guaranteed by 42 U.S.C. sec. 1981.” The other two judges on the original three-judge panel are among the four judges who dissented in full from today’s en banc ruling.

“Claims against gunmaker Glock dismissed”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court dismissed damage claims against gun manufacturers Monday by the victims of a white supremacist’s shooting rampage in the San Fernando Valley, saying a 2005 federal law backed by the firearms industry bars such lawsuits. In a 2-1 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco said Congress had the case in mind when it passed the law. Lawmakers did not violate the rights of victims of the 1999 shootings by limiting their right to sue federally licensed gunmakers and dealers for criminals’ actions, the court said.”

My earlier coverage of yesterday’s Ninth Circuit ruling appears here and here.

“Two roads to the Supreme Court: Obama is apparently debating whether to choose a traditional judicial nominee or opt for a ‘real world’ selection to replace Justice David H. Souter.” James Oliphant and David G. Savage have this article today in The Los Angeles Times.

Today in The Washington Post, Robert Barnes and Michael D. Shear report that “Hispanics See Stars Aligned on High Court; For President, Diversity Is One Of Many Factors.”

In The New York Times, Neil A. Lewis has a profile of Seventh Circuit Judge Diane P. Wood headlined “Potential Justice Offers a Counterpoint in Chicago.”

The Hill reports that “Liberal groups ready to defend court nominee.”

In The Boston Globe, Peter S. Canellos has an essay entitled “In replacing Souter, Obama should look beyond courthouse.”

And at Politico.com, Keenan Kmiec has an essay entitled “Have you ever been a ‘judicial activist’?”

“John Demjanjuk is delivered to German prison”: The Associated Press has this report.

“Battle Plans: How Obama could avoid a Congressional war over “don’t ask, don’t tell.'” Nathaniel Frank has this essay online today at The New Republic.

“Kent sentenced to 33 months behind bars; Congressional impreachment proceedings likely to begin today”: Mary Flood has this article today in The Houston Chronicle. The newspaper has also posted online the sentencing statement of Cathy McBroom.

And law.com reports that “Former Federal Judge Sentenced to 33 Months in Prison; Sentencing judge says that Samuel B. Kent will undergo treatment for alcohol abuse in prison.”

“Court Rules for Former FBI Agent in Misconduct Case”: “The BLT: The Blog of Legal Times” has a post that begins, “A former FBI special agent who was removed from his position after the agency learned he videotaped his sexual encounters with three women without their consent won an appellate victory today in the U.S. Court of Appeals for the Federal Circuit.”

My earlier coverage of today’s Federal Circuit ruling appears at this link.

“Yahoo wins round in Oregon nude photo court battle”: The Associated Press has this report.

My earlier coverage of last week’s Ninth Circuit ruling appears at this link.

“Court denies rehearing for killer”: The Press-Enterprise of Riverside, California has a news update that begins, “Condemned prisoner Kevin Cooper was denied a rehearing Monday by a federal appellate panel in a 114-page order that bristled with dissents, one of them claiming that ‘the state of California may be about to execute an innocent man.'”

And The Associated Press reports that “Calif. death row inmate narrowly loses new hearing.”

Eleven judges of the U.S. Court of Appeals for the Ninth Circuit noted their dissent from today’s order denying rehearing en banc.

“Appeals judges rule against plaintiffs in Jewish community center shootings; Gun makers and dealers aren’t liable for misuse of weapons, 9th Circuit panel rules”: Carol J. Williams of The Los Angeles Times has this news update.

My earlier coverage of today’s Ninth Circuit ruling appears at this link.

“Insiders On Obama’s Supreme Court Pick”: This audio segment (RealPlayer required) appeared on this evening’s broadcast of NPR’s “All Things Considered.”

“Is the Conservative Movement Losing Steam?” Seventh Circuit Judge Richard A. Posner has this post at “The Becker-Posner Blog.”

“Skilling asks Supreme Court to review conviction”: Mary Flood of The Houston Chronicle has this news update.

And The Associated Press has a report headlined “Former Enron CEO Skilling appeals to Supreme Court.”

You can access the petition for writ of certiorari at this link (via WSJ.com’s “Law Blog“).

“Defending Dawn Johnsen: Republican criticism of Obama’s pick to head the Office of Legal Counsel is hypocritical and shouldn’t be allowed to derail her confirmation.” The Los Angeles Times contains this editorial today.

“Securing Lawsuits: The White House should join lawmakers in reforming the state secrets doctrine.” This editorial appears today in The Washington Post.

“Kent’s punishment brings vindication to victim; Court coordinator says she overcame fears to pursue sexual misconduct case against judge”: Lise M. Olsen of The Houston Chronicle has this news update.

Texas Lawyer reports that “Former Judge Samuel B. Kent Sentenced to 33 Months in Prison.”

And “The BLT: The Blog of Legal Times” has a post titled “House Members Pressure Judge to Step Down.”

“Plane carrying John Demjanjuk takes off bound for Germany”: The Cleveland Plain Dealer has this news update.

And The Associated Press has reports headlined “Suspected Nazi guard Demjanjuk on plane to Germany” and “Demjanjuk’s health a key issue for any trial.”

“Obama Enlists Biden’s Expertise About High Court”: Michael A. Fletcher has this article today in The Washington Post.

The Associated Press reports that “Obama to talk court nomination with Senate leaders.”

CBS News correspondent Bob Schieffer yesterday had an essay about Justice David H. Souter entitled “Don’t Let The Court House Door Hit You.”

Yesterday in The Philadelphia Inquirer, law professor John Yoo had an op-ed entitled “Obama needs a neutral justice.” Kate Michelman had an op-ed entitled “We need to know what high court nominees believe.” And Maria Echaveste had an op-ed entitled “A time for boldness, not moderation.”

The Concord (N.H.) Monitor yesterday contained an editorial entitled “Thanks to Bush, Sununu and Bork.”

And yesterday in The Las Vegas Review-Journal. law professor Tuan Samahon had an op-ed entitled “The president and the high court: Obama’s standard for judges is troubling.”

“When 50 is Too Old: How to get more experienced justices on the Supreme Court.” Law professor Richard Primus has this essay online today at The New Republic.

“Once More, Without Feeling: The GOP’s misguided and confused campaign against judicial empathy.” Dahlia Lithwick has this jurisprudence essay online at Slate.

“John Demjanjuk taken from his home for trip to Germany”: The Cleveland Plain Dealer has this news update.

And The Associated Press reports that “Demjanjuk taken to federal officials by ambulance.”

“On a Somewhat Colorless Court, Scalia Stands Out”: Tuesday in The New York Times, Adam Liptak will have this new installment of his “Sidebar” column.

Ninth Circuit rejects constitutional challenge to the Protection of Lawful Commerce in Arms Act, through which the U.S. Congress shielded federally licensed manufacturers and sellers of firearms from civil liability arising from the criminal uses of their products: So holds the majority on a divided three-judge panel in a ruling issued today.

The acts alleged to give rise to the defendants’ liability occurred in 1999 or earlier, while the federal law in question was not enacted until the year 2005.