“Lawyer Wrongly Accused in Madrid Bombings Can’t Sue”: Bloomberg News has a report that begins, “An Oregon attorney wrongly accused in the 2004 Madrid terrorism bombings was barred by a federal appeals court from challenging the constitutionality of the anti-terrorism USA Patriot Act.”
And The Associated Press reports that “Federal court rules Oregon attorney Brandon Mayfield can’t challenge Patriot Act.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
U.S. Supreme Court holds ceremony to unveil marble bust of Chief Justice William H. Rehnquist: Lyle Denniston has this post at “SCOTUSblog.”
Via Yahoo! News, you can access photographs taken at the ceremony here, here, here, and here.
“Tenth Circuit Chief Judge Robert Henry Stepping Down From Bench, Taking Position at Oklahoma City University”: The U.S. Court of Appeals for the Tenth Circuit has issued a news release that begins, “Judge Robert H. Henry, Chief Judge of the United States Court of Appeals, Tenth Circuit, was today named to be the 17th President and CEO of Oklahoma City University by the Board of Trustees.”
According to the news release, “Judge Henry will step down from the bench effective June 30, 2010.” It appears that Circuit Judge Mary Beck Briscoe is next in line to be chief judge of the Tenth Circuit.
“Justices making new push to abolish elected judges”: The Associated Press has a report that begins, “An old debate about whether judges should be elected or appointed is heating up again. Former Supreme Court Justice Sandra Day O’Connor and several state Supreme Court justices are planning a nationwide push during next year’s state legislative sessions to end the practice of electing judges.”
And at “The BLT: The Blog of Legal Times,” Jordan Weissmann has a post titled “O’Connor to Helps Launch New Initiative Against Judicial Elections.”
“Court to rule if Polanski can fight case from afar”: The Associated Press has a report that begins, “A Los Angeles appeals court on Thursday considers whether Roman Polanski needs to appear in person to pursue his claim that his child rape case was tainted by judicial and prosecutorial misconduct and should be thrown out.”
“Streaming Video of Symposium on ‘Originalism and the Jury'”: At “The Volokh Conspiracy,” Orin Kerr has this post, which notes that you can access the video via this link.
“Gas station case reaches high court; Local owner among plaintiffs in lawsuit”: Today’s edition of The Sun Chronicle of Attleboro, Massachusetts contains an article that begins, ” A David-and-Goliath legal battle pitting a local service station owner against an international oil company has finally reached all the way to the Supreme Court.”
“Court will reconsider fetuses, drug use; Some maintain that it’s a form of child abuse”: This article appeared yesterday in The Louisville Courier-Journal.
“New drug conviction reversed, and US ruling is criticized”: In yesterday’s edition of The Boston Globe, Jonathan Saltzman had an article that begins, “At least a dozen drug and gun convictions have been overturned in Massachusetts as a result of a controversial US Supreme Court ruling six months ago that criminal defendants have a constitutional right to cross-examine forensic experts who prepare laboratory reports, according to prosecutors and defense lawyers.”
You can access Tuesday’s ruling of the Massachusetts Appeals Court at this link.
“Promotion day arrives for white Conn. firefighters”: The Associated Press has a report that begins, “A group of white firefighters who persuaded the U.S. Supreme Court to sanction their promotions over black colleagues are receiving their new badges Thursday in a ceremony that provides symbolic recognition of their victory.”
“US Supreme Court questions ‘honesty’ law used to convict Lord Black”: This article appears today in The Times of London.
“Court tosses death sentence in LA double murder”: The Associated Press has this report on an en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
The en banc court voted 8-3 to uphold the federal district court’s order setting aside the death sentence. Chief Justice Alex Kozinski issued a spirited and lengthy dissent in which he predicts that the U.S. Supreme Court will ultimately review and reverse today’s ruling.
“Federal Appeals Court Goes With ‘God'”: Michael Newdow will be arguing a case in the U.S. Court of Appeals for the D.C. Circuit on Tuesday of next week, Mike Scarcella reports in this post at “The BLT: The Blog of Legal Times.”
“Solicitor General as ‘Dr. No'”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
“Ohio killer asks judge to stop 2nd execution try”: The Associated Press has this report.
And yesterday, the U.S. Court of Appeals for the Sixth Circuit issued this lengthy opinion rejecting an Eighth Amendment challenge to Ohio’s new one-drug lethal injection protocol.
“Federal grand jury starts hearing evidence against evil 9/11 mastermind Khalid Shaikh Mohammed”: This article appears today in The New York Daily News, along with an article headlined “Dick Cheney hits out at Obama again by calling 9/11 trial in New York ‘a huge mistake.’”
And today’s edition of USA Today contains a front page article headlined “NYC top cop sees security costs of 9/11 trials rising; Kelly says city should not bear financial burden alone.”
“Supreme Court dismisses challenge to Illinois forfeiture law; The Supreme Court dismissed a case pitting innocent property owners against Chicago police and prosecutors who held seized autos and other property for years under a controversial Illinois forfeiture act”: Warren Richey of The Christian Science Monitor has this report.
“Supreme Court rules against Philly killer, who might now face death sentence”: This article appears today in The Philadelphia Daily News.
And The Associated Press has a report headlined “Court: Reconsider death sentence for Kindler.”
“Justices Appear Skeptical of Anticorruption Law”: Adam Liptak has this article today in The New York Times.
Today in The Washington Post, Robert Barnes reports that “Court weighs limiting ‘honest services’ law or labeling it vague; Arguments come as justices issue first opinions of term.”
Jess Bravin of The Wall Street Journal reports that “Justices Question Antifraud Law; Measure Used to Prosecute Politicians and Executives Could Be Struck Down.”
Joan Biskupic of USA Today reports that “Court muddled by ‘vague’ anti-fraud law; Review could unhinge cases on corruption.”
The Toronto Globe and Mail contains an article headlined “Black appeal: Tough questions on clause; U.S. Supreme Court judges grill lawyers on ‘honest services.’”
The Toronto Star reports that “Top court gives Black faint hope for freedom; U.S. Supreme Court signals it may be willing to quash underlying law.”
The Toronto Sun contains an article headlined “A chance for Conrad: ‘Honest services’ gives fraudster hope in U.S. Supreme Court appeal.”
Andrew Clark of The Guardian (UK) has reports headlined “Conrad Black’s hopes of release boosted as Supreme Court attacks statute under which he was jailed; Judges join press baron’s legal team to condemn the ‘honest services’ law also used to convict Jeffrey Skilling of Enron” and “Conrad Black gets another day in court.”
The Chicago Sun-Times reports that “High court shows doubts about law used against Blago, Ryan, Black.”
The Houston Chronicle reports that “‘Vague’ law used to convict Skilling troubles high court.”
Bruce Alpert of The Times-Picayune of New Orleans reports that “William Jefferson trial question addressed in Supreme Court arguments in unrelated cases.”
The New York Post contains an article headlined “High Court: Vague law may free Conrad Black.”
James Vicini of Reuters reports that “U.S. top court hears ex-media baron Conrad Black’s appeal.”
Brent Kendall of Dow Jones Newswires reports that “US Supreme Court Criticizes Fraud Law In Conrad Black Case.”
Canwest News Service reports that “U.S. high court questions law used to convict Conrad Black.”
And Tony Mauro of The National Law Journal reports that “High Court Justices Take Aim at ‘Honest Services’ Law.”
“Sotomayor Draws Retort From a Fellow Justice”: Adam Liptak has this article today in The New York Times.
“Sotomayor’s First High Court Opinion Produces Business Defeat”: Greg Stohr of Bloomberg News has this report.
And Marcia Coyle of The National Law Journal reports that “Supreme Court Rejects Early Appeals of Attorney-Client Privilege Determinations.”
“White House wants suit against Yoo dismissed”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues.”
This blog previously mentioned the federal government’s amicus brief in this earlier post.
“Supreme Court critical of ‘honest services fraud’ law; The justices seem poised to strike down or scale back the measure that has been used in corruption cases involving politicians, lobbyists and executives”: David G. Savage will have this article Wednesday in The Los Angeles Times.
The Anchorage Daily News has an update headlined “Supreme Court hears Weyhrauch arguments.”
And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “High Court Skeptical Of Anti-Fraud Law.”
“Tipsters in Moussaoui case still quarreling over FBI reward”: Greg Gordon of McClatchy Newspapers has this report.
Access online the transcript of today’s U.S. Supreme Court oral argument in Black v. United States, No. 08-876: The Court has posted the transcript at this link.
And at “SCOTUSblog,” Lyle Denniston has a post titled “Reaching, or waiting, for a constitutional issue.”
“Government Announces $1.4 Billion Settlement in Indian Trust Case”: Jordan Weissmann has this post at “The BLT: The Blog of Legal Times.”
“Killer Biros executed; says ‘peace be with you’; Ohio first to use 1-drug method; ‘no problems’ reported”: The Columbus Dispatch has this news update.
And The Associated Press reports that “Ohio executes inmate with 1-drug lethal injection.”
“Court takes on federal anti-fraud law”: Mark Sherman of The Associated Press has this report.
And the U.S. Supreme Court‘s first opinion of October Term 2009 is? The Court today issued four opinions in argued cases.
First up, Justice Sonia Sotomayor delivered the opinion of the Court in Mohawk Industries, Inc. v. Carpenter, No. 08-678. You can access the oral argument transcript at this link.
In second place, Justice Stephen G. Breyer delivered the opinion of the Court in Alvarez v. Smith, No. 08-351. You can access the oral argument transcript at this link.
In third place, Justice Ruth Bader Ginsburg delivered the opinion of the Court in Union Pacific R. Co. v. Locomotive Engineers and Trainmen Gen. Comm. of Adjustment, Central Region, No. 08-604. You can access the oral argument transcript at this link.
And last but not least, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Beard v. Kindler, No. 08-992. You can access the oral argument transcript at this link.
In early news coverage, The Associated Press reports that “Sotomayor delivers first court opinion of new term.” Of course, this is merely a result of the Court’s practice of issuing opinions in argued cases in reverse order of seniority based on which Justice wrote the majority or lead opinion.
“Supreme Court Likely to Leave Accounting Oversight Board as Is”: Tony Mauro of The National Law Journal has this report.
And on yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Court Weighs Sarbanes-Oxley.”
“Inmates’ lawyers back plan to cut California prison crowding”: Today in The Sacramento Bee, Denny Walsh has an article that begins, “Lawyers for California’s sick inmates said Monday they like the Schwarzenegger administration’s plan for reducing the prison population and urged a three-judge federal panel to let state officials decide what methods to use.”
“Court takes on federal anti-fraud law”: Mark Sherman of The Associated Press has this report.
The Independent (UK) reports today that “Black fights for his freedom in appeal against fraud conviction.”
Today’s edition of The Toronto Globe and Mail contains an article headlined “Black likely staying in jail: Prosecutor; Convicted of fraud and obstruction of justice in 2007, former giant of Canadian media to take his case to the U.S. Supreme Court.”
The Newark (N.J.) Star-Ledger reports that “Law used to convict former Newark Mayor Sharpe James goes to U.S. Suprme Court.”
The Naples (Fla.) Daily News reports that “Supreme Court to hear appeals that could impact Cabrera fraud convictions.”
And The Chicago Sun-Times reports that “Feds may re-charge Blagojevich to avoid disputed law.”
“Black firefighters try to halt promotions”: Today’s edition of The New Haven Register contains an article that begins, “Attorneys for a group of black city firefighters Monday filed a motion asking a federal court to halt the promotion of 10 other firefighters (including four minorities) who scored well enough on 2003 exams to be promoted.”
“U.S. Court debates Miranda rights in Tampa case; The ruling could affect a number of major cases nationwide, including a death penalty case in Florida”: This article appears today in The Miami Herald.
“Killer to be put to death today; 1st use of one-drug injection mixture will draw attention across the country”: Today’s edition of The Columbus Dispatch contains an article that begins, “Ohio will be squarely in the national spotlight today as it uses an untested, one-drug protocol to execute convicted Trumbull County killer Kenneth Biros.”
