“Court OKs use of tracking devices in Medford drug case; Suspect Juan Pineda-Moreno challenged use of the electronic bugs after his arrest last year for possession of marijuana”: This article appeared earlier this year in The Mail Tribune of Medford, Oregon reporting on a ruling that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued.
Today, the Ninth Circuit issued an order denying rehearing en banc in the case, over the passionate dissent of Chief Judge Alex Kozinski in which four other judges joined.
As Judge Kozinski’s dissent observes, “There’s been much talk about diversity on the bench, but there’s one kind of diversity that doesn’t exist: No truly poor people are appointed as federal judges, or as state judges for that matter. Judges, regardless of race, ethnicity or sex, are selected from the class of people who don’t live in trailers or urban ghettos. The everyday problems of people who live in poverty are not close to our hearts and minds because that’s not how we and our friends live.”
Congratulations to my wife on the very positive Publishers Weekly review of her forthcoming book, “Wanted Undead Or Alive: Vampire Hunters and Other Kick-Ass Enemies of Evil.” You can access the review directly at this link and also here (scroll down). Additional information about the book, including links to pre-order, can be accessed here.
Stay of judgment denied in California’s same-sex marriage Proposition 8 case: The docket entry text for this afternoon’s order states, “ORDER by Judge Walker denying Motion to Stay. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.” You can access the district court’s ruling at this link.
In early news coverage, The Associated Press reports that “Judge keeps gay marriages in California on hold.”
“Junk science? Another inmate on death row fights to disprove arson.” CNN.com has this report.
“Prosecutors: Gitmo inmate took pride in slaying.” The Associated Press has this report.
“Court Orders Lawyer to Return Documents About an Eli Lilly Drug”: This article appeared in December 2006 in The New York Times. And in early 2007, the newspaper published related articles headlined “Judge Rules Drug Documents Must Be Returned to Eli Lilly” and “Documents Borne by Winds of Free Speech.”
Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this decision affirming the injunction against that lawyer.
In September 2008, the documents in question appear to have been unsealed, according to another NYTimes article.
“Judge finalizes jury for war-crimes case; A military judge seated a jury in the case of a Canadian accused of killing an American soldier when he was 15”: Carol Rosenberg has this article today in The Miami Herald.
The Toronto Globe and Mail today contains an article headlined “And then there were 7: The jury who will decide Omar Khadr’s fate; U.S. military officers to weigh case against 23-year-old Canadian at Guantanamo.”
The Toronto Star contains an article headlined “Captain critical of Gitmo to stay as Khadr jurors picked.”
The New York Times reports that “Tour of Guantanamo Offers a Look, but Little Else.”
CNN.com reports that “Military trial begins for Gitmo’s youngest detainee.”
Reuters has an article headlined “Keep or close Guantanamo? Military jurors weigh in.”
MSNBC has reports headlined “Officer off Gitmo jury for agreeing with Obama; Prosecutors exclude juror for wanting to close the prison” and “Anyone for karaoke at Gitmo tonight?”
The Independent (UK) has a dispatch from Robert Verkaik headlined “Camp Delta’s ‘good kid’ fights for a second chance.”
The Toronto Sun has blog posts titled “Khadr jurors not voted off the island” and “For Omar Khadr, it’s Maher Arar to the rescue.”
And at “The Huffington Post,” Maher Arar has an essay entitled “Why Is Canadian Child Soldier Omar Khadr Being Tried by a Military Court?”
“Sovereign citizens spin history, reject government”: The Associated Press has this report.
Judge Posner on Children’s Motrin possibly causing rashes, over-the-counter medication warnings, the “most significant relationship” test for conflicts of law, and contributory negligence: The U.S. Court of Appeals for the Seventh Circuit yesterday issued this ruling written by Circuit Judge Richard A. Posner.
“Judges Reprise Testimony in Third Trial on Threats”: Today’s edition of The New York Times contains an article that begins, “Once again, one after another, three celebrated federal appeals judges from Chicago slid into the low seat just to the right of their usual, estimable perches.”
And The Bergen County (N.J.) Record reports today that “North Bergen shock jock Hal Turner details role as FBI informant on the stand.”
“Vander Plaats touts campaign to oust Iowa justices”: The Associated Press has a report that begins, “Gay rights opponents on Wednesday promised an intense and well-financed campaign to oust three Iowa Supreme Court justices who joined last year’s unanimous decision that legalized gay marriage in the state.”
And The Des Moines Register reports today that “Branstad won’t join ouster bid.”
“Judge to rule on stay Thursday in Prop. 8 case”: The Associated Press has a report that begins, “The federal judge who overturned California’s same-sex marriage ban is set to rule Thursday on whether gay marriages should resume immediately in the state or await an appeals court’s input. Chief U.S. District Judge Vaughn Walker announced late Wednesday that he would issue his decision by noon on requests to impose a stay that would keep Proposition 8 in effect while its sponsors appeal his decision.”
“Judge testifies he felt threatened by NJ blogger”: The Associated Press has a report that begins, “A federal appeals court judge from Illinois testified Wednesday that he felt threatened by a New Jersey blogger’s inflammatory Internet tirades over a ruling supporting gun control.”
The Jersey Journal has a news update headlined “Blog rants were threat on our lives, two judges testify in trial of Internet shock jock/blogger Hal Turner.”
The New York Daily News reports today that “Harold (Hal) Turner, accused of threatening to kill 3 Chicago judges, on trial for third time.”
And The New York Post reports today that “Hate-mongering shock job on trial again in B’klyn.”
“Terror suspect greets prospective jurors; Omar Khadr met his jury pool, and a plea bargain created a conundrum in another Guantanamo war-crimes case”: Carol Rosenberg has this article today in The Miami Herald.
The Salt Lake Tribune reports today that “Wounded Utah vet to testify at Guantanamo.”
The Toronto Globe and Mail reports that “Jury selection begins in Khadr trial; Defence, prosecution question pool of U.S. military officers preparing to decide Canadian’s fate.”
And The Toronto Star contains an article headlined “Omar Khadr jurors ‘owe it to our legal system to do it right.’”
“Surprise Appointment in SG’s Office”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
“Appointment For Solicitor General Not Expected Soon”: Lawrence Hurley has this article today in The Daily Journal of California.
“Judge lacks First Amendment right to insult litigants”: David L. Hudson Jr. has this report online at the First Amendment Center.
“Judge admits Khadr confessions defense team called torture”: Carol Rosenberg has this article today in The Miami Herald.
The Toronto Globe and Mail reports today that “Khadr’s confessions admissible, military judge rules; Decision to admit statements despite threats of torture dramatically strengthens prosecution’s case against Canadian held at Guantanamo Bay.”
The Los Angeles Times reports that “Youngest Guantanamo detainee to stand trial; Omar Ahmed Khadr, who was 15 when he was captured in Afghanistan in 2002, will go before a military tribunal; He is accused of killing a U.S. soldier and wounding another.”
The Toronto Sun reports that “Court to choose who will rule on Khadr’s fate.”
Warren Richey of The Christian Science Monitor reports that “First Guantanamo military tribunal under Obama gears up; A military judge ruled Monday that statements made by Omar Khadr, who is charged of killing a US soldier in Afghanistan, can be used in the trial, which is set to start Tuesday; Mr. Khadr’s lawyers say the statements were coerced.”
And The Associated Press reports that “Trial to begin for Guantanamo’s youngest prisoner.”
“Appeals court dismisses Oneida Indians’ 40-year-old land claim”: The Syracuse Post-Standard contains this article today.
The Oneida Daily Dispatch reports today that “Appeals court dismisses land claim.”
And The Utica Observer-Dispatch contains an article headlined “Court: No need for state to compensate Oneidas on land; Appeals judges reverse key element of ’07 claim ruling.”
You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Appeals court orders judge to reverse ban on publishing suspect’s photos; The California Court of Appeal acted after Judge Hilleri G. Merritt last week barred the L.A. Times from printing photos of slaying suspect Alberd Tersargyan”: This article appears today in The Los Angeles Times.
“For Third Time, Blogger Charged With Menacing Judges Goes on Trial”: In Tuesday’s edition of the New York Law Journal, Mark Fass will have an article that begins, “Round three of the United States versus Harold ‘Hal’ Turner, the Internet shock jock charged with threatening to kill three Chicago appeals judges, begins this morning in Brooklyn federal court.”
“In Defense of the New Judicial Activists: In California and Arizona, Judge Walker and Judge Bolton are just doing their jobs.” Emily Bazelon has this jurisprudence essay online at Slate.
“In S.F., Ginsburg addresses standoff on appointments”: Bob Egelko of The San Francisco Chronicle has this news update.
And The Associated Press reports that “Ginsburg hopes Senate will resume collegial ways.”
You can view the video of Justice Ruth Bader Ginsburg’s remarks today at the ABA’s 2010 Annual Meeting by clicking here.
“State Supreme Court Rules Rearview Mirror Objects Are OK”: The Associated Press has this report.
Today’s 4-3 ruling of the Supreme Court of Connecticut consists of a majority opinion and a dissenting opinion.
“While most state courts face harsh budget cuts, the 1st District Court of Appeal gets a $48 million ‘Taj Mahal'”: The St. Petersburg Times contains this article today.
“Lawyers prepare to reopen ‘honest services’ cases in wake of Supreme Court ruling”: This article appears today in The Washington Post.
“Scalia unhurt after he tripped outside restaurant”: The Associated Press has this report.
The Third Circuit’s SCOTUS report card, in two parts: Since I began writing my monthly “Upon Further Review” column for The Legal Intelligencer — Philadelphia’s daily newspaper for lawyers — in December 2000, the July installment of my column has been devoted to reporting on how the U.S. Court of Appeals for the Third Circuit has fared before the U.S. Supreme Court in the just-completed Term.
This past Term included so many cases involving the Third Circuit that, for the second time in my column’s tenure, my report had to be published in two parts. The text of last month’s column can be accessed here, while the text of this month’s column (published today) can be accessed here.
“Supreme Court Rearranges Schedule With Kagan in Mind”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
And at “SCOTUSblog,” Lyle Denniston has a related post.
“A deep bench of substitute justices goes unused”: Robert Barnes has this article today in The Washington Post.
“Detainee’s trial to be peek into war on terror; Think you know everything you need to know about the upcoming war-crimes trial of alleged teen terrorist Omar Khadr? His upcoming trial should be revealing.” Carol Rosenberg of The Miami Herald has this article, along with an article headlined “Lawyer wants less show of force at Guantanamo trial.”
Today’s edition of The Toronto Globe and Mail contains an article headlined “As trial draws near, Omar Khadr lays bare his angst in letter to lawyer; Canadian’s long-delayed date with justice at Guantanamo slated to begin in coming weeks.”
And The Associated Press reports that “Guantanamo gears up for 1st trial under Obama.”
“Also confirmed: Marshall’s legacy.” Martha Minow, dean of Harvard Law School, has this op-ed today in The Boston Globe.
“U.S. Senate Republicans Derail Judge Chatigny’s Appeals Court Nomination”: Edmund H. Mahony of The Hartford Courant has a blog post that begins, “U.S. Senate Republicans have derailed President Obama’s nomination of Hartford district judge Robert N. Chatigny to the federal appeals court, likely postponing the controversial appointment to next year when partisan opposition is expected to grow.”
“Brewing legal disputes could define Kagan’s early tenure; Coming soon to the Supreme Court: Arizona’s immigration law, same-sex marriage and President Obama’s healthcare overhaul; It’s unclear how the justices will configure themselves.” David G. Savage has this article today in The Los Angeles Times. The newspaper also reports that “Elena Kagan sworn in as Supreme Court justice; Chief Justice John G. Roberts Jr. administers the oath two days after her confirmation by the Senate; She is not expected to dramatically alter the ideological makeup of the court.”
The Washington Post reports today that “Elena Kagan sworn in as 112th U.S. Supreme Court justice.”
And The New York Daily News contains an article headlined “It’s Official! Elena Kagan sworn in as an associate justice of the U.S. Supreme Court.”
“GOP push to revise 14th Amendment not gaining steam”: This article appears today in The Washington Post.
