“California Supreme Court upholds Prop. 209 affirmative action ban”: Howard Mintz of The San Jose Mercury News has an update that begins, “Tackling Proposition 209 for the first time in a decade, the California Supreme Court today left intact the state’s ban on affirmative action in public programs. In a 6-1 ruling, the Supreme Court upheld the voter-approved 1996 law, in the process invalidating a 7-year-old San Francisco ordinance designed to aid minority- and women-owned businesses in the contracting process.”
And The Associated Press reports that “Calif high court upholds affirmative action ban.”
You can access today’s ruling of the Supreme Court of California at this link.
“US appeals court: Pa. prison can ban Muslim scarf.” The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
“Key Republican previews case against Kagan”: The Associated Press has this report.
Pennsylvania law permits a negligent design defect claim against the manufacturer of a dangerous prescription drug, the Superior Court of Pennsylvania has ruled: The Superior Court of Pennsylvania today issued this ruling in an appeal that I argued on behalf of the plaintiff on June 22, 2010.
Unfortunately, a somewhat related appeal that I argued on behalf of different plaintiffs that same day before the very same panel was decided last week in favor of the defendant. Looking on the bright side, the case in which my clients did not prevail raises an interesting question of first impression that the Supreme Court of Pennsylvania may be willing to review.
“Groups seek judge’s removal from drilling case”: The Associated Press has a report that begins, “Several environmental groups have asked a federal appeals court to disqualify a judge from a lawsuit over the Obama administration’s initial six-month moratorium on deep-water oil drilling.”
“Roberts v. Kagan? Will there be friction between the chief justice and Elena Kagan on the Supreme Court?” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Elena Kagan on rare path: first a Supreme Court clerk, later a justice; If confirmed, Elena Kagan will become the sixth former Supreme Court law clerk to become a justice later in life; Much of the work behind the scenes in the Supreme Court is done by these brilliant recent graduates”: Warren Richey of The Christian Science Monitor has this report.
And Alexander Bolton of The Hill reports that “Kagan presents a test for the NRA as court confirmation assured.”
“Corporate campaign fundraising picks up speed; Business and conservative groups see a chance to influence the midterm election because of rising anger at Democratic policies and recent court rulings on political spending”: The Los Angeles Times today contains an article that begins, “Driven by increasing anger at Democratic policies and by recent Supreme Court decisions unshackling corporate contributions, business and conservative groups are preparing a flood of campaign money to try to wrest control of Congress from the Democrats.”
“Appeals court considering UT’s use of race in admissions; Three-judge panel in New Orleans to hear oral arguments on Tuesday”: Today’s edition of The Austin American-Statesman contains an article that begins, “Is the University of Texas violating the law by considering race and ethnicity when it decides whom to admit to its freshman class? That question will be debated Tuesday before a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans.”
And last week, The Daily Texan published articles headlined “Court battle re-examines admittance policy of UT” and “Legal history of using race in admissions adds lawsuit.”
“High court trims Miranda warning rights bit by bit”: Jesse J. Holland of The Associated Press has this report.
And online at SSRN, law professor Barry Friedman has an article titled “The Wages of Stealth Overruling (With Particular Attention to Miranda V. Arizona)” (via “Legal Theory Blog“).
“Obama’s Remake of U.S. Courts Bogged Down by Republican Delays in Senate”: Laura Litvan of Bloomberg News has this report.
“Elena Kagan faces final heat this week”: This article appears today in The Boston Herald, along with an article headlined “When Harvard went to war: Vietnam vets say school gets bad rap on military service.”
“Conrad Black: My prison education.” Conrad Black had this essay yesterday in The National Post.
“Chief justice to inherit reforms — and thorns”: Claire Cooper has this article today in The Sacramento Bee.
“Former N.J. Gov. Jon Corzine, Carla Katz’s forbidden e-mails are revealed”: The Newark Star-Ledger contains this article today.
“Mother’s death puts lawsuit limits on line; Challenge of law worries doctors, hospitals”: This article appears today in The Las Vegas Review-Journal.
“Under the U.S. Supreme Court: Did Big Tobacco finally get burned?” Michael Kirkland of UPI has this article today.
“Arizona immigration clash headed for controversial appeals court”: Howard Mintz has this article today in The San Jose Mercury News.
And today in The Arizona Daily Star, Howard Fischer has an article headlined “No review of SB 1070 ruling before Nov.”