“Court won’t halt mental exam of Tucson suspect”: The Associated Press has a report that begins, “A federal appeals court rejected a request to halt the mental competency exam that’s being conducted on the suspect in the Tucson shooting rampage.”
“Oregon court rules teeth not considered dangerous weapon in a fight”: This article appears today in The Oregonian reporting on a ruling that the Oregon Court of Appeals issued yesterday.
“No charges in courthouse gunman’s jail escape plot”: The Associated Press has this report from Atlanta.
“Enraged by Walker, activists put Kloppenburg’s Supreme Court campaign on their shoulders”: The Capital Times of Madison, Wisconsin has this report.
An editor’s note accompanying the article explains that the author of the article “has asked for the return of a $5 donation he gave to a door-to-door solicitor in December who was working in support of JoAnne Kloppenburg’s Supreme Court campaign.”
“Appeals court sends union bill appeal to Supreme Court”: The Wisconsin State Journal has a news update that begins, “Finding that there are too many issues that require clarification, a state appeals court on Thursday sent the state attorney general’s appeal of a decision barring implementation of Gov. Scott Walker’s budget repair bill to the state Supreme Court.”
And The Milwaukee Journal Sentinel has a news update headlined “Appeals panel: Supreme Court should take up collective bargaining law.”
You can access today’s certification of the Wisconsin Court of Appeals at this link
“Jared Lee Loughner Appeals Judge’s Order on Mental Competency Examination”: Bloomberg News has this report.
The Arizona Republic reports today that “Effort to delay Loughner transfer is too late.”
The Springfield (Mo.) News-Leader reports today that “Tucson shooting suspect transferred to Fed Med.”
And USA Today reports that “Loughner’s lawyers challenge mental exam order.”
You can access at this link the petition for writ of mandamus that Loughner’s lawyers filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Judge Posner on proximate cause, featuring “law by proverb”: Circuit Judge Richard A. Posner today issued this interesting opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
No cross-appeal for you! The U.S. Court of Appeals for the Federal Circuit today issued this decision addressing when it is appropriate to pursue a cross-appeal in that court.
“Rights Are Curtailed for Terror Suspects”: In today’s edition of The Wall Street Journal, Evan Perez has an article that begins, “New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.”
“Former Bush lawyer to challenge health care law”: The Associated Press has this report.
And today’s edition of The Free Lance-Star of Fredericksburg, Virginia contains an article headlined “‘Liberty’ behind reform lawsuit; Attorney General Cuccinelli explains case against health care reform.”
“Justices Grapple With Issue of Right to Lawyers in Child Support Cases”: Adam Liptak has this article today in The New York Times.
“Gay marriage ban to continue during appeal of Proposition 8; Gay marriages will not resume while the U.S. 9th Circuit Court of Appeals decides the constitutionality of Proposition 8’s ban on gay marriage; A U.S. District Court judge ruled last year that the California initiative is unconstitutional”: Carol J. Williams has this article today in The Los Angeles Times.
And in today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Same-sex marriage stays on hold for Prop. 8 appeal.”
“Bitter analogy in war crime case: Indians, al Qaeda; Seminoles in 1818 similar to al Qaeda in 2001? Some Pentagon prosecutors appeared to make this analogy to support a Guantanamo war crimes conviction, then clarified in a war court filing.” Carol Rosenberg of The Miami Herald has this report.
“Panel on Anthrax Inquiry Finds Case Against Ivins Persuasive”: This article appears today in The New York Times.
And Greg Gordon of McClatchy Newspapers reports that “FBI’s anthrax suspect is likely killer, panel concludes.”
“Ex-friend: Bonds’ steroid use was ‘out of hand.'” Lance Williams has this article today in The San Francisco Chronicle.
In today’s edition of The San Jose Mercury News, Howard Mintz reports that “Barry Bonds’ estranged friend testifies of home run king’s steroid use.”
Maura Dolan of The Los Angeles Times reports that “Former Barry Bonds aide testifies that he worried about the slugger’s alleged steroid use; Steve Hoskins says he secretly recorded Bonds’ trainer and doctor in hopes of obtaining evidence of steroid use; He also admits to making those recordings as his ties to Bonds were fraying.”
And The New York Times reports that “Bonds Trial Testimony Centers on Steroid Conversations.”
“Judge denies Komisarjevsky offer to plead guilty in exchange for no death penalty”: The New Haven Register contains this article today.
And today’s edition of The Hartford Courant contains an article headlined “Judge Won’t Allow Plea Deal for 2nd Cheshire Suspect; Case Has 3rd Juror.”
“New justices will campaign when facing retention vote”: This article appears today in The Des Moines Register.
“A Surprising Snapshot”: At the “Opinionator” blog of The New York Times, Linda Greenhouse has a post that begins, “Among common impressions of the current Supreme Court are that Justices Antonin Scalia and Clarence Thomas are joined at the hip and that the majority tilts reflexively in favor of corporations and employers.”
“Investiture Ceremony Slated for Ninth Circuit Judge Mary H. Murguia”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
“Wisconsin’s Battle Supreme: Liberals in the state are trying to make the April election for a state supreme court justice a referendum on Governor Walker.” This “Political Diary” essay appears online at WSJ.com.
“Judge who presided over Abscam cases to step down”: The Philadelphia Inquirer has a news update that begins, “U.S. District Judge John Fullam, who presided over such notable cases as the Abscam political corruption probe and the landmark bankruptcy of the Penn Central, said Wednesday that he plans to step down.”
“The future of Miranda: From the edge of a rhetorical slippery slope, and then back from it, the Court explores what would happen to Miranda rights in the future if they were to be extended to minors facing police questioning.” Lyle Denniston has this post at “SCOTUSblog.”
At the “School Law” blog of Education Week, Mark Walsh has a post titled “Justices Weigh Youths’ Miranda Rights.”
Barbara Barrett of McClatchy Newspapers reports that “Justices weigh Miranda warnings for juvenile suspects.”
And Jesse J. Holland of The Associated Press reports that “Court weighs if age should figure into questioning.”
You can access the transcript of today’s U.S. Supreme Court oral argument in J.D.B. v. North Carolina, No. 09-11121, by clicking here.
“Justices Take Up Case on Negligent Design Drug Claim”: Amaris Elliott-Engel has this article, in which I am quoted, in today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.
“Wave of anti-abortion bills advance in the states”: The Associated Press has this report.
“Class Actions at the Crossroads: An Answer to Wal-Mart v. Dukes.” The Harvard Law & Policy Review has posted online this article by law professor Suzette M. Malveaux.
“Senior judges ease ‘a very serious shortage'”: Today’s edition of The Patriot-News of Harrisburg, Pennsylvania contains an article that begins, “At age 96, long after his contemporaries have retired, U.S. Middle District Senior Judge Malcolm Muir still comes to work every day, minus the occasional holiday.”
Three-judge Ninth Circuit panel issues order denying motion to vacate stay on same-sex marriages in California: The docket entry text of the order, which has just been filed, states:
Filed order (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.
The order should be available via this link in the very near future.
Update: The Ninth Circuit has posted the order at this link.
“Women Seeking Abortions in South Dakota to Get Anti-Abortion Advice”: A.G. Sulzberger has this article today in The New York Times.
And today’s edition of The Argus Leader of Sioux Falls, South Dakota contains articles headlined “Lawsuit looms after abortion bill signed; Law’s backers raising money to defend it” and “Crisis pregnancy centers thrust into new role.”
“Top court justice Meierhenry retiring; She was state’s first woman at highest level”: Today’s edition of The Argus Leader of Sioux Falls, South Dakota contains an article that begins, “South Dakota’s first female Supreme Court justice will retire in June.”
“Lawyers ask for review of ex-judge Camp’s rulings, sentences”: Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, “Before he was sentenced for crimes he committed with a stripper, Jack Camp made a striking disclosure: The former federal judge revealed he has long suffered from a misdiagnosed bipolar disorder and brain damage from an accident more than a decade earlier. The revelations have lawyers wondering whether justice was meted out by an impaired jurist.”
“High court unlikely to grant right to lawyer”: The Associated Press has this report.
Programming note: On Wednesday morning, I will presenting oral argument to a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here once I return to the office.
“Obama’s Empathy for the Supreme Court”: John Paul Rollert has this entry at Huffington Post.
“Scenarios: Wal-Mart sex discrimination case at U.S. top court.” James Vicini of Reuters has this report.
“Significant Child Pornography Restitution Ruling in the Fifth Circuit”: At “The Volokh Conspiracy,” Paul Cassell has this post about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.