“Barnes Foundation move opponents go back to court”: The Associated Press has this report.

“Coburn considers Tulsa judge nomination dead”: The Tulsa World has a news update that begins, “U.S. Sen. Tom Coburn said Thursday that he viewed the nomination of Arvo Mikkanen to be the next federal judge in Tulsa as dead and urged the White House to withdraw it.”

In Bashman news from here and there: In headline news from Australia, which seems to be the world’s most frequent source of Bashman news, comes the report that “Thugs bash man unconscious.”

And The Nation newspaper published in Lagos State, Nigeria today contains an article headlined “Day students honoured a SAN” that begins, “A visit by a final year Law student, Mohammed Bashman, to show appreciation to the lawyer John Baiyeshea (SAN) who assisted him to regain his studentship after expulsion expelled by the University of Ilorin (UNILORIN), has turned a moment of honour for the SAN.”

According to the article published in The Nation, Mohammed Bashman had been expelled for having undertaken too ambitious of a courseload. More specifically, he was studying both law and mass communication, perhaps in the hope of one day becoming Nigeria’s leading law blogger. Unfortunately, the article goes on to report that it was merely a “rumour that Mohammed Bashman was given N15 million as compensation,” suggesting that those who were hoping to borrow millions of naira from Bashman are likely to be disappointed.

“High court asked to end non-unanimous convictions”: Mark Sherman of The Associated Press has this report.

“Free Speech Coalition Files Appeal of 2257 Suit Dismissal; The law’s flaws which Judge Baylson refused to consider are ripe for appellate review”: Mark Kernes of AVN News has this report.

And XBIZ.com reports that “FSC Files Appeal of 2257 Suit Dismissal.”

You can access at this link the brief for appellants filed yesterday in the U.S. Court of Appeals for the Third Circuit.

“Judiciary Approves Carney, Sends 2nd Circuit Nomination to Senate”: Edmund H. Mahony of The Hartford Courant has this blog post.

And at “The BLT: The Blog of Legal Times,” David Ingram has a post titled “Nominee for 2nd Circuit Wins Committee Vote.”

“President Barack Obama plans to sign a bill Thursday to name a new courthouse in Yuma after U.S. District Court Judge John M. Roll”: So reports The Associated Press in an article that can be accessed here.

“House Democrat to seek transparency of Supreme Court conflicts of interest”: Online at The Hill, Pete Kasperowicz has a blog post that begins, “Rep. Christopher Murphy (D-Conn.) said Wednesday he would introduce legislation after next week’s break that would require Supreme Court justices to publicly disclose why they have recused themselves from cases.”

“Do Judicial Emergencies Matter? Nomination and Confirmation Delay during the 111th Congress.” The Brookings Institution has posted online this paper by Russell Wheeler and Sarah A. Binder.

“Stephen Breyer praises U.S. Supreme Court’s deliberative process despite differences in beliefs”: The Palm Beach Daily News has this update.

“Peterson prosecutors argue against ‘Drew’s Law'”: The Chicago Tribune has a news update that begins, “In attempting to get hearsay statements admitted in Drew Peterson’s murder case, Will County prosecutors today found themselves arguing against the very law they helped create.”

And The Chicago Sun-Times has a news update headlined “Court hears appeal on usage of Peterson’s dead ex’s statements.”

“California high court to rule on key Prop. 8 issue”: Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined “California Supreme Court jumps back into gay marriage fray.”

The Associated Press reports that “Calif court to answer question on gay marriage ban.”

Bloomberg News reports that “California Court to Rule on Prop. 8 ‘Standing’ Issue.”

And Reuters reports that “Gay marriage case back in California court, adds delay.”

You can access today’s order and news release of the Supreme Court of California at this link.

“Obama Admin Weighs Appeal of Contempt Ruling in Offshore Drilling Moratorium Case”: Lawrence Hurley of Greenwire has this report.

“Third Circuit Judge Denies Lawyer’s Request for Order That ‘Will Compel . . . Volokh to Remove His . . . Blog [Post]'”: Eugene Volokh has this post at “The Volokh Conspiracy.”

“Asked about WikiLeaks, Breyer gives away little”: The Associated Press has a report that begins, “Supreme Court Justice Stephen Breyer tantalized a Florida audience with his comments about the case of WikiLeaks founder Julian Assange, but gave away little about his legal stance.”

“Political fight over Guantanamo won’t die”: Pete Yost of The Associated Press has this report.

“CIA: If caught, bin Laden would be sent to Gitmo.” The Associated Press has this report.

“Dangerous Threats”: Today’s edition of The New York Times contains an editorial that begins, “Representative Denny Rehberg, a Republican and Montana’s House member, boasts that he brings Made-in-Montana solutions to Washington. His latest, proposed last week in a speech advocating states’ rights to the State Legislature, is to put a judge ‘on the Endangered Species List.'”

“Copyright lawsuits filed over pat-down photo”: The Associated Press has a report that begins, “A law firm that targets the unauthorized use of news content on the Internet has filed 32 lawsuits in federal court in Colorado seeking to stop the use of a Denver Post photograph showing an airport pat-down.”

One week from today: One week from today, I will be delivering my first oral argument to the en banc U.S. Court of Appeals for the Third Circuit in my nearly 20 years of litigating appeals in private practice. I previewed that oral argument and provided links to the supplemental en banc briefing, the three-judge panel’s opinion, and the transcript and audio of the original oral argument in this post from last week.

In the interim, Class Counsel have filed a Federal Rule of Appellate Procedure 28(j) letter to draw new authority to the court’s attention, and this morning I filed this FRAP 28(j) response letter.

Last but not least, the en banc Third Circuit must now decide whether it wishes also to hear from counsel for other appellants at the en banc reargument next Wednesday morning. My client was the only appellant who raised the issues that were the subject of the three-judge panel’s ruling, and — when the case was argued before the three-judge panel — I was the only counsel for appellant from whom the three-judge panel requested oral argument. Class Counsel’s petition for rehearing en banc focused exclusively on the issues that only my client had raised, as did the Third Circuit’s order requesting supplemental briefing at the en banc stage.

Nevertheless, the grant of rehearing en banc brings the entire case before the en banc court, and thus counsel for other appellants raising issues that the original three-judge panel never reached wish to share argument time at the en banc hearing. Whether the en banc Third Circuit wishes to hear from other counsel arguing other issues that the original panel saw no need to address on the merits remains to be seen.

“Who’ll replace Graves on bench? Governor must appoint replacement until 2012 election.” This article appears today in The Clarion-Ledger of Jackson, Mississippi.

“Anthrax report casts doubt on scientific evidence in FBI case against Bruce Ivins”: Jerry Markon has this front page article today in The Washington Post.

The New York Times reports today that “Expert Panel Is Critical of F.B.I. Work in Investigating Anthrax Letters.”

The Los Angeles Times reports that “Evidence linking anthrax to Bruce Ivins ‘not as definitive as stated,’ panel says; Researchers say they have no reason to believe federal scientist Bruce Ivins was not involved in mailing letters containing anthrax that killed five people; But they find some cracks in the FBI’s conclusions.”

The Wall Street Journal reports that “Panel Questions Key Evidence in Anthrax Case.”

And The Washington Times reports that “Review panel faults FBI on anthrax probe; Report questions conclusions in 2001 attacks.”

“In Orie trial, witnesses continue to testify that campaign work was done on state time”: The Pittsburgh Post-Gazette contains this article today.

And The Pittsburgh Tribune-Review reports today that “Habay case didn’t deter Orie work, staffers say.”

“Prosser, Kloppenburg to face off for Supreme Court seat”: This article appears today in The Milwaukee Journal Sentinel.

“California Supreme Court to consider key issue in battle over same-sex marriage”: Maura Dolan of The Los Angeles Times has this blog post.

“Are conservatives endangering the high court?” Columnist Katrina vanden Heuvel has this essay online at The Washington Post.

“Michael Dreeben on Supreme Court Advocacy, Appellate Practice, and the SG’s Office”: Orin Kerr has this post at “The Volokh Conspiracy.”

“The Right To Remain Silent: Clarence Thomas’ Supreme Court silences are less worrisome than his private speeches.” Dahlia Lithwick has this jurisprudence essay online at Slate.

And Bloomberg News columnist Ann Woolner has an essay entitled “When Keeping Your Mouth Shut Doesn’t Make Sense.”

“Graves says he feels ‘pressure’ to do good job”: The Associated Press has a report that begins, “Mississippi Supreme Court Justice James Graves says he’ll feel pressure to do a good job on the 5th Circuit U.S. Court of Appeals in New Orleans.”

“Judge again opens door to habeas challenges from Bagram”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

“U.S. Supreme Court Justice Clarence Thomas will deliver the keynote address at the 30th Annual Federalist Society Student Symposium.” More information is available from the web site of the University of Virginia School of Law by clicking here.

Brief opposing Pa. Supreme Court review filed yesterday: Yesterday I filed in the Supreme Court of Pennsylvania this brief in opposition to a petition for allowance of appeal.

The Pa. Superior Court‘s ruling in the case can be accessed here. This blog’s earlier coverage of the case can be accessed here, here, and here.

“Appeals court overturns release of Gitmo detainee”: The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “D.C. Appeals Court Overturns Guantanamo Detainee’s Release.”

By a vote of 6-5, the en banc Ninth Circuit holds that “capital defendants do not have a per se constitutional right to inquire about the possibility that a penalty-phase jury has reached a preliminary decision against imposing the death penalty”: You can access today’s en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The lead dissenting opinion, by contrast, begins with a somewhat different view of the case: “By all indications, the jurors in James Harrison’s capital trial had decided to acquit him of the death penalty. They had informed the trial judge that they were deadlocked between life with parole and life without parole.”

“Chapman Kelley’s Mutilated Garden: The Seventh Circuit is set to decide if the Park District had the right to destroy an artwork.” This article appeared in the December 3, 2009 issue of Chicago Reader.

And even earlier, The Art Newspaper published an article headlined “Artist Chapman Kelley launches federal appeal over Chicago Wildflower work; Challenges ruling that work is not original enough to be protected by US copyright law.”

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this ruling on the case.