“‘Don’t ask’ challenge gains legal traction in ’03 ruling; Court cited right to gay sex”: In Monday’s edition of The Washington Times, Ben Conery will have an article that begins, “The current court challenge to the military’s ‘don’t ask, don’t tell’ policy on homosexuality is far from the first, but a notable 2003 Supreme Court decision may help make it the most likely to succeed.”

“Canadian terror trial deal would test Obama pledge; Resumption of a Canadian’s Guantanamo trial this week could test the Obama administration’s pledge for transparency”: Carol Rosenberg of The Miami Herald has this article.

“Arizona told to reveal source of drug for execution”: Today’s edition of The Arizona Republic contains an article that begins, “A federal judge Saturday night ordered that the state of Arizona ‘immediately and publicly disclose’ where it obtained a drug it intends to use to execute condemned murderer Jeffrey Landrigan on Tuesday. The drama has played out for weeks as defense attorneys have tried to discern where the state found sodium thiopental, a barbiturate that is in short supply. Executions nationwide have been postponed because of the shortage.”

The newspaper has posted the trial court’s order at this link.

“The Times recommends Charlie Wiggins for state Supreme Court”: Monday’s edition of The Seattle Times will contain this editorial, in which the newspaper withdraws its recent earlier endorsement for this judicial post.

“Meet the lawyer who argued money is speech, and won”: Greg Gordon of McClatchy Newspapers has this profile of attorney James Bopp Jr.

Justice Alito and the bobblehead dolls: Josh Blackman has a blog post titled “Supreme Court Historical Society Frank C. Jones Reenactment Series Lecture of Ware v. Hylton.”

According to Blackman’s account, Justice Alito attended the event in person, instead of in bobblehead form.

“Retired Supreme Court justice Stevens finds no justice in flag-burning decision”: This article appeared Saturday in The Las Vegas Review-Journal.

“Texas Supreme Court rejects provision in law that protects one company from asbestos claims”: Yesterday’s edition of The Dallas Morning News contained an article that begins, “The Texas Supreme Court ruled Friday that a law specifically designed to protect one company from older asbestos claims was unconstitutional. The ruling in favor of a plaintiff was a bit of a surprise from the court, which has been criticized by trial lawyers for siding more often with business defendants in these kinds of cases.”

And The Houston Chronicle reported yesterday that “Justices reject tort reform provision; Firm denied protection from asbestos suit.”

Friday’s ruling of the Supreme Court of Texas consisted of a majority opinion, two concurring opinions (here and here), and a dissenting opinion.

In particular, the concurring opinion written by Justice Don R. Willett makes for a very interesting read. It begins:

Litigants in our adversarial system are hard-wired for certitude, adept at insisting the law “clearly” or “plainly” favors their side or, as here, labeling the controlling analysis “straightforward and simple.” If only. Today’s case is both complex and consequential, and fiendishly so. The facts are compelling; the law is unclear; and the stakes are high, not just for these parties but also for our constitutional architecture that both confers and constrains governmental power.

Justice Willett’s concurring opinion also contains a Star Trek reference (click on the footnote link for the citation), as “The Supreme Court of Texas Blog” has noted.

You can access the briefs on appeal via this link, and you can view video of the oral argument by clicking here.

“A political fight provides N.J. Supreme Court with apolitical legal mind”: Today’s edition of The Newark (N.J.) Star-Ledger contains an article that begins, “While Gov. Chris Christie and state Senate President Stephen Sweeney continue their unprecedented political war over a Supreme Court seat, a quiet irony has unfolded. The seat has been filled by an apolitical judge neither man chose.”

“Supremely Bad Judgment”: Columnist Maureen Dowd has this op-ed today in The New York Times.

“David Beats Goliath, Phillies Out of Playoffs”: Bill Baer has this post at the blog “Crashburn Alley.”

David Murphy of The Philadelphia Daily News has a blog post titled “Red Shocktober: It’s All Over.”

And at MLB.com, Adam McCalvy has an article headlined “Silver lining for Phils: Big Three will be back; Halladay, Hamels and Oswalt to slot into top of 2011 rotation.”