“U.S. appeals court rules against Jets season-ticket holder in SpyGate lawsuit”: The New York Daily News has this update.
Reuters reports that “Football fan loses Patriots ‘Spygate’ lawsuit; Jets fan had sought $184.8 million damages.”
And The Associated Press reports that “US court tosses fan lawsuit over Patriots’ filming.”
You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.
“Speeches and writings show fuller picture of Kagan”: The Associated Press has this report.
“At least 6 Duval inmates qualify for resentencing under Supreme Court ruling; Monday’s ruling banned life without parole for juveniles in non-homicides”: This article appears today in The Florida Times-Union of Jacksonville.
And CNN.com reports that “Battle for a second chance leads to a landmark ruling.”
Sixth Circuit considers round two of Victoria’s Secret versus Victor’s Little Secret: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
After the Sixth Circuit had previously decided this case, the U.S. Supreme Court reversed the Sixth Circuit’s ruling, and then Congress enacted legislation intended to overturn the U.S. Supreme Court’s decision.
Update: In early news coverage, The Associated Press has a report headlined “Appeals court says no secrets for Ky. store.”
“Judiciary Chairman: Kagan hearings start in June.” The Associated Press has this report.
“Thesis Is Window on Roots of Kagan’s Legal Creed”: This article appears today in The New York Times. And this Sunday’s issue of The New York Times Magazine will contain an essay by Lisa Belkin entitled “Judging Women.”
In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Kagan reports assets of $1.76 million, no debts; The Supreme Court nominee submits a financial statement and two decades of writings to the Senate Judiciary Committee; Chairman Patrick J. Leahy says her confirmation hearing will be scheduled soon.”
Nathan Koppel and Jess Bravin of The Wall Street Journal report that “Kagan Criticized the Warren Court in Thesis.”
Amy Goldstein and Robert Barnes of The Washington Post report that “Kagan releases cartons of documents to Senate Judiciary Committee.”
David Ingram of The National Law Journal reports that “Kagan Discloses She Met With Skadden Lawyers Before Nomination; The White House made use of outside legal advice during the nomination of Justice Sonia Sotomayor, too.”
At Politico.com, Josh Gerstein reports that “Elena Kagan’s thesis hints at her views.”
The Associated Press reports that “White House touts nominee, releases Kagan papers.”
At his “Washington Briefs” blog, Lawrence Hurley of The Daily Journal of California has a post titled “Kagan Really Does Think The Public Company Accounting Oversight Board Is Constitutional.”
And online at Slate, Christopher Beam has an essay entitled “Youthful Indiscretions: Don’t judge Elena Kagan by her college thesis.”
“Scandal Stirs Legal Questions in Anti-Gay Cases”: John Schwartz has this article today in The New York Times.
“Slow learners at the 9th Circuit”: Columnist George F. Will has this op-ed today in The Washington Post.
“Detention Slip: The Obama administration wants to hold terrorists; Did SCOTUS just give them a green light?” Dahlia Lithwick has this jurisprudence essay online at Slate.
“At conspiracy trial in Robert Wone killing, 911 call is played”: This article appears today in The Washington Post.
And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “On Stand, Wone’s Wife Recalls Night of Stabbing.”
Programming note: I am in Harrisburg, Pennsylvania today to present oral argument in an appeal that I mentioned in this post from last night. Because the case is 21st on the oral argument list, I do not expect to be back home until late in the day.
Then, weather permitting, I’ll be at Citizens Bank Park this evening to watch Roy Halladay pitch for the Philadelphia Phillies against the Pittsburgh Pirates. I’ll be attending the game with an appellate friend. And it’s Roy Halladay bobblehead doll night — zoo not included!
As a result, additional posts may not appear here until Wednesday.
“In Academia, Kagan Wrote Far Less Than Peers; Nominee’s small body of scholarship comes under scrutiny for lacking personal opinion”: Marcia Coyle of The National Law Journal has this report.
“Extended Civil Commitment of Sex Offenders Is Upheld”: Adam Liptak will have this article Tuesday in The New York Times.
And Warren Richey of The Christian Science Monitor reports that “Supreme Court upholds federal sex offender law; The US Supreme Court on Monday ruled that Congress did not overstep its authority by passing a law that allows ‘sexually dangerous’ offenders to be detained past their prison terms.”
“Justices Limit Life Sentences for Juveniles”: Adam Liptak will have this article Tuesday in The New York Times.
David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court restricts life sentences without parole for juveniles; In a 6-3 decision, the court strikes down laws in 37 states, including California, that allow life terms with no chance for parole for a crime that does not involve murder.”
Robert Barnes of The Washington Post has a news update headlined “Supreme Court rules out some life sentences for juveniles.”
Michael Doyle of McClatchy Newspapers has an article headlined “Supreme Court: Juveniles can’t serve life terms for lesser crimes.”
And Warren Richey of The Christian Science Monitor reports that “Supreme Court puts limits on life sentences for juveniles; Juveniles who commit crimes that aren’t fatal to their victims cannot receive life sentences without possibility of parole, the Supreme Court ruled 6-to-3 on Monday.”
“Questions Elena Kagan has already answered: Supreme Court nominee Elena Kagan lacks a paper trail; But her Senate confirmation hearing last year for solicitor general offers a preview of what’s to come.” Warren Richey of The Christian Science Monitor has this article today.
Greetings from Harrisburg, Pennsylvania: Where tomorrow I will argue an appeal before a three-judge panel of the Superior Court of Pennsylvania in a case in which I filed this Brief for Appellees last December. The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, reported on the case in an article published last June.
“Prosecutor: Wone Defendants ‘Misdirected and Misguided’ Murder Investigation.” This post appears at “The BLT: The Blog of Legal Times,” along with a post titled “Defense Lawyers Argue Wone Case Built on Innuendo.”
“Kagan wins case on imprisonment of sex offenders”: The AP has this report.
“Kagan campaigns for Supreme Court job”: The Associated Press has this report. And in related news, “National Archive works to review more Kagan papers.”
Access today’s opinions in argued cases and Order List of the U.S. Supreme Court: The Court today issued three opinions in argued cases.
1. Justice Anthony M. Kennedy delivered the opinion of the Court in Abbott v. Abbott, No. 08-645. Justice John Paul Stevens issued a dissenting opinion, in which Justices Clarence Thomas and Stephen G. Breyer joined. You can access the ruling at this link and the oral argument transcript at this link.
2. Justice Kennedy also delivered the opinion of the Court in Graham v. Florida, No. 08-7412. The Chief Justice issued an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion in which Justice Antonin Scalia joined and in which Justice Samuel A. Alito, Jr. joined in part. Justice Alito also filed a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link. The Court today also dismissed as improvidently granted the writ of certiorari issued in the related case of Sullivan v. Florida, No. 08-7621.
3. And Justice Breyer delivered the opinion of the Court in United States v. Comstock, No. 08-1224. Justices Kennedy and Alito filed opinions concurring in the judgment. And Justice Thomas filed a dissenting opinion in which Justice Scalia joined in large measure. You can access the ruling at this link and the oral argument transcript at this link.
You can access today’s Order List at this link. The Court granted review in one case and called for the views of the Solicitor General in one case.
In early news coverage, The Associated Press has articles headlined “High court rules out life sentences for juveniles“; “Court: Sexually dangerous can be kept in prison“; “Justices: Child should have stayed in Chile“; and “Supreme Court rejects appeal of ‘must-carry’ rule.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “No review of ‘must carry’ rule.”
“Kagan’s skills well-suited to hearings; But high court nominee must take her game up a notch for confirmation’s political forum”: Joan Biskupic has this article today in USA Today. And in commentary, Stephen Prothero has an op-ed entitled “Faith on the court matters: A Catholic-Jewish panel is better than an all-Protestant one, but the Supreme Court has yet to reflect this country’s diversity.”
The New York Post reports today that “9/11 families blast Kagan.”
Yesterday’s edition of The Boston Globe reported that “Personal ties bind Obama, Kagan; President joins ranks of picking friend for court.” The newspaper also contained an op-ed by columnist Joan Vennochi entitled “The effort to ‘out’ Kagan” and an op-ed by columnist Joanna Weiss entitled “Kagan as a beacon for gays.”
The Associated Press has an article headlined “Should we ask if Supreme Court nominee is gay?”
The Des Moines Register reports that “Grassley vote will signal his approach to court picks.”
At Politico.com, Mike Allen reports that “White House to release Kagan theses.”
In The Toronto Globe and Mail, Gil Troy has an op-ed entitled “A careerist conundrum of Supreme proportions: Did Elena Kagan somehow lose her voice and soul while climbing her way to the top?”
In The Los Angeles Times, columnist Gregory Rodriguez has an op-ed entitled “Kagan and the triumph of WASP culture: Her confirmation wouldn’t undermine WASP culture; it would be a powerful example of its reach.”
And in The Wall Street Journal, columnist L. Gordon Crovitz has an op-ed entitled “To Be Borked or Not to Be Borked: Kagan misses the real cause of empty confirmation hearings.” You can freely access the full text of the op-ed via Google News.
“Sotomayor tells graduates to cherish kin; Supreme Court justice speaks at St. Lawrence University”: The Associated Press has this report.
“Web site grows out of fascination with Robert Wone killing”: The Washington Post contains this article today.
“Washington’s New Gun Rules Shift Constitutional Debate”: This article appears today in The Wall Street Journal. You can freely access the full text of the article via Google News.
“Activism v. Restraint: What Obama can learn from F.D.R.” Jeffrey Toobin has this essay in the May 24, 2010 issue of The New Yorker.
“Kagan Backed Broad Interpretation of 14th Amendment”: Jess Bravin will have this article Monday in The Wall Street Journal. And Evan Perez will have an article headlined “Senator Doesn’t See Bid to Block Kagan.” You can freely access the full text of this article via Google News.
The Christian Science Monitor has an article headlined “Supreme Court nominee Elena Kagan: Will her own words bite her? Republicans are already throwing the words of Elena Kagan back at her; She once called Supreme Court nominee hearings ‘vapid’; GOP senators are challenging her to open up.”
The Associated Press has articles headlined “Kagan unlikely to see GOP filibuster on nomination” and “Laura Bush says Kagan nomination is ‘great.’”
Reuters reports that “Top Republican sees bumpy Kagan court confirmation; Republican senator says ‘this is going to be a big deal.’”
At Politico.com, Josh Gerstein reports that “Civil rights vets uneasy with Kagan.”
And The New York Jewish Week has an article headlined “A Pioneer At Age 12: Elena Kagan was Lincoln Square’s first bat mitzvah.”
“Just don’t call Justice Anthony Kennedy the swing vote”: Yesterday’s edition of The Palm Beach Post contained this article.
The Palm Beach Daily News reported yesterday that “Justice Anthony Kennedy brings legal levity to Forum Club talk at Kravis.”
And law.com reports that “Justice Kennedy Questions Grilling of Supreme Court Nominees.”
“The Sotomayors, justice and doctor, tour Upstate University Hospital with friend”: This article appeared yesterday in The Post-Standard of Syracuse, New York.
“N.J. Governor Rebuffs Former Justices’ Request That He Rethink Ouster of High Court Judge”: law.com has this report.
And Friday’s edition of The Newark Star-Ledger contained an article headlined “Retired N.J. Supreme Court justices ask Gov. Chris Christie to reconsider reappointing Justice Wallace.”
“Review set for 160,000 pages on Kagan”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.
The Harvard Crimson has an article headlined “Elena Kagan’s Management Style Amped Up Pressure at Harvard Law School; In creating a culture of high expectations, Kagan placed strain on working relationships, some HLS staffers say.”
And the May 21, 2010 issue of The Forward contains an article headlined “Kagan’s ‘Hood: Liberal, Precocious, Very Jewish; Unlike Others, Her Family Didn’t Decamp to a Fancier Address.”
“Kagan’s abortion stance has both sides guessing; The Supreme Court nominee sounded like a staunch liberal in a 1980 essay, but pushed for compromise on a 1997 ban on late-term abortions”: Christi Parsons and James Oliphant will have this article Sunday in The Los Angeles Times.
In Sunday’s edition of The New York Times, Adam Liptak will have articles headlined “On Speech, Kagan Leaned Toward Conservatives” and “No Vote-Trading Here.” Tomorrow’s newspaper will also contain an article headlined “Then Comes the Marriage Question.”
The Wall Street Journal reports that “NRA Criticizes Kagan on Gun Rights.”
Tony Mauro of The National Law Journal reports that “Kagan’s Rookie Missteps Could Fuel Claims of Inexperience; Still, her confidence as solicitor general has been apparent, despite tangles with Roberts, loss in ‘Citizens United.’”
The Associated Press has reports headlined “‘General Kagan’ holds her own before high court” and “NAACP backs Obama’s Supreme Court nominee Kagan.”
And today’s broadcast of NPR’s “Weekend Edition Saturday” contained an audio segment entitled “A Republican Senator Weighs Kagan’s Merits Again.”
“Newer senators fed up with old rules that block progress; Filibusters and anonymous ‘holds’ are under assault, but change will be slow”: The Los Angeles Times contains this article today.
The newspaper also contains an editorial entitled “A pointless procedure: A single senator’s ability to block legislation or a nomination, in secret, should be abolished, or at least reformed.”
“Gruesome death photos are at the forefront of an Internet privacy battle; A car crash victim’s father is suing the CHP over the wide dissemination of pictures of his daughter’s body”: This article appears today in The Los Angeles Times.
“An elegant defense of Kagan from an unlikely source”: Eva Rodriguez has this entry at the “PostPartisan” blog of The Washington Post. Miguel A. Estrada‘s letter urging the confirmation of Elena Kagan can be accessed here.
“Asian judge nominee shows community’s progress”: The AP has this report.