Kentucky’s “direct observation” method to obtain urine samples from pretrial releasees for drug testing does not violate the Fourth Amendment, majority on divided three-judge Sixth Circuit panel holds: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
“Supreme Court race still too close to call, Kloppenburg has narrow lead”: The Milwaukee Journal Sentinel has this news update.
The current vote tally (as of 10:12 a.m. central time) shows challenger Joanne Kloppenburg with a 311 vote lead over incumbent David Prosser.
“Get Your Hands Off My Tax Deduction: The Supreme Court muddles through tax and religion.” Avi Schick has this jurisprudence essay online at Slate.
“Breyer: Little Rock rich in symbols.” Arkansas News Bureau has this report.
And The Associated Press reports that “Supreme Court’s Breyer speaks on judges’ role.”
“House push to remake Florida Supreme Court slows in Senate”: This article appears today in The St. Petersburg Times.
“Chance and skill to Texas Hold’em: Swedish court.” The Local of Stockholm, Sweden has this report.
“Supremely bad? Area case a top court ‘worst’; Even the U.S. Supreme Court can get it horribly wrong, legal scholars say, and a 1930s ruling in a case from Luzerne County was a classic.” Today’s edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, “A case that began in Luzerne County has been named one of the U.S. Supreme Court’s biggest blunders by a panel of legal experts. The high court’s 1938 decision in the Erie v. Tompkins case changed the procedure by which civil suits involving parties from different states are decided in federal court.”
“Chief Justice Roberts makes under-the-radar visit to Utah”: Today’s edition of The Salt Lake Tribune contains an article that begins, “Third-year law student Rachel Wertheimer expected one of her professors or a guest lawyer to hear her argue for a hypothetical travel agency being sued by a Muslim man who claimed he had been wrongly fired because of his religion. So she was stunned when Chief Justice of the United States John Roberts heard her case, giving her the full Supreme Court treatment, diving in with questions before she finished her first sentence.”
“Judge bars use of secret tape in Barry Bonds trial”: Lance Williams has this article today in The San Francisco Chronicle.
Today in The San Jose Mercury News, Howard Mintz reports that “The prosecution rests in Barry Bonds perjury trial.”
And The New York Times reports that “Recording Is Excluded in Case Against Bonds.”
“Bordentown man’s jailhouse searches now a case for the Supreme Court”: This front page article appears today in The Philadelphia Inquirer.
“Supreme Court race still too close to call, Prosser has narrow lead”: The Milwaukee Journal Sentinel contains this article today.
The Wisconsin State Journal reports today that “Recount possible as Supreme Court race remains too close to call.”
The Los Angeles Times reports that “Wisconsin judicial election testing GOP’s power is a nail-biter; With 97% of precincts reporting, a normally quiet election that became a referendum on Gov. Scott Walker’s battle against public employee unions is too close to call.”
And The Wall Street Journal has a news update headlined “Wisconsin Judicial Vote Appears Headed for Recount.”
According to NBC News affiliate TMJ4, with 99% of precincts reporting, incumbent David Prosser has received 733,074 votes, while challenger Joanne Kloppenburg has received 732,489 votes.
“Might a military jury deny 9/11 suspect’s death wish? Under military commission rules, Khalid Shaikh Mohammed cannot plead guilty to a crime that carries the death penalty, even though he wants it; And a military jury might be less likely than a civilian one to grant his wish.” The Los Angeles Times has this news update.
“Wisconsin Labor Battle in Background of Judicial Race”: The New York Times has this news update.
You can view updated election results for the Wisconsin Supreme Court race by clicking here.
“Gitmo: The prison that keeps causing trouble.” Pete Yost of The Associated Press has this report.
“Lisa Montgomery’s conviction upheld”: The Kansas City Star has a news update that begins, “A federal appeals court panel today upheld Lisa Montgomery’s conviction in the 2004 slaying of Bobbie Jo Stinnett of Skidmore, Mo., and the kidnapping of Stinnett’s unborn child.”
Today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit affirmed both the conviction and death sentence that resulted.
Distinguishing between “lascivious” and “mere nudity”: The U.S. Court of Appeals for the Eighth Circuit issued this ruling today.
“Immigration court: Troubled system, long waits.” The Associated Press has this lengthy report, the first in a multi-part series
“Tulane law professor being vetted for possible federal appeals court appointment”: Bruce Alpert of The Times-Picayune of New Orleans has a news update that begins, “The White House is vetting a Tulane University law professor for a possible appointment to the 5th U.S. Circuit Court of Appeals. Stephen Griffin wasn’t on a list of four potential nominees that Sen. Mary Landrieu, D-La., sent to President Barack Obama last November, but is undergoing a background check for the court vacancy, sources said Monday.”
“In a Reversal, Military Trials for 9/11 Cases”: Charlie Savage has this article today in The New York Times.
In today’s edition of The Miami Herald, Carol Rosenberg reports that “US reverses, alleged 9/11 plotters to get tribunals.”
The Washington Post reports that “Khalid Sheik Mohammed to be tried by military commission.”
The Los Angeles Times reports that “Obama administration won’t pursue civilian trials for 9/11 suspects; The administration acquiesces to GOP demands that Khalid Shaikh Mohammed and four suspected co-conspirators be tried before a military tribunal at Guantanamo Bay.”
And Warren Richey of The Christian Science Monitor reports that “In abrupt reversal, 9/11 suspects to get Guantanamo military tribunals; The Obama administration had wanted to try Khalid Sheikh Mohammed and other 9/11 suspects in a civilian court in New York; It abandoned that plan Monday in favor of military tribunals.”
“Senate Confirms Reyna Judicial Nomination”: The blog “SENATUS” has this post.
And the Hispanic National Bar Association has issued a news release headlined “U.S. Senate Confirms Jimmie V. Reyna, Esq. as Circuit Judge; First Latino to Serve on the U.S. Court of Appeals for the Federal Circuit.”
“Appeals Court Strengthens Warrantless Searches at Border”: David Kravets had this post yesterday at Wired.com’s “Threat Level” blog.
“Cowardly, Stupid, and Tragically Wrong: The Obama administration’s appalling decision to give Khalid Sheikh Mohammed a military trial.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Supreme Court restores death sentence in 1982 Tarzana murders; By a 5-4 vote, the justices conclude that federal judges were wrong to have overturned Van Nuys resident Scott Pinholster’s original sentence after evidence of his childhood brain injuries was presented”: David G. Savage has this article today in The Los Angeles Times.
And Michael Doyle of McClatchy Newspapers reports that “Supreme Court reinstates death penalty for California killer.”
“Student fights music-sharing fine; Case is first to hit federal appeals court”: This article appears today in The Boston Globe.
And The Boston Herald reports today that “Appeals heard in BU student’s illegal-downloading case.”
The blog “Recording Industry vs The People” links to the appellate briefs in a post that you can access here.
You can download the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the First Circuit via this link (19.0MB mp3 audio file).
“Contentious races on ballot; Ballot includes state Supreme Court, Milwaukee County executive”: The Milwaukee Journal Sentinel contains this article today.
“Wisconsin Judicial Election Is a Referendum on a Lightning-Rod Governor”: This article will appear Tuesday in The New York Times.
“Wisconsin Supreme Court Race May Help Decide Union Law’s Fate”: Bloomberg News has this report.
“Judge race’s next stop: U.S. Supreme Court.” The Cincinnati Enquirer has a news update that begins, “The winner of Hamilton County’s juvenile court judge race might be decided by the U.S. Supreme Court.”
“Patrick nominates first openly gay justice to Mass. high court”: The Boston Globe has this news update.
The Boston Herald has a news update headlined “Governor names openly gay Barbara Lenk to SJC.”
And Tuesday’s edition of The New York Times will contain an article headlined “Lesbian Judge Chosen for Top Massachusetts Court.”
“U.S. Supreme Court to hear case on strip searches performed on N.J. man accused of unpaid traffic fine”: The Newark Star-Ledger has this news update.
The Philadelphia Inquirer has a news update headlined “High Court to hear S.J. strip-search case.”
And Bill Mears of CNN.com reports that “High court to examine strips searches for minor offenses.”
“Judges Leaning Toward Massey in Upper Big Branch Case”: Laurence Hurley of Greenwire has this report (via The New York Times) on a case argued today at the U.S. Court of Appeals for the D.C. Circuit.
“Justices Allow Tax Credit for Religious Tuition”: Adam Liptak of The New York Times has this news update.
David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court supports tax breaks that subsidize religious schools; The court rules, 5-4, in favor of Arizona tax credits for those who give money to parochial schools and says the credits cannot be challenged as unconstitutional; Justice Elena Kagan dissents, objecting to the court’s distinction between tax breaks and tax subsidies.”
The Arizona Republic has a news update headlined “High court upholds Arizona’s tuition tax-credit program.”
And Howard Fischer of The Arizona Daily Star has a news update headlined “Supreme Court upholds Arizona’s private school tax break.”
“Nice Argument Counselor, but Let’s Hear Mine”: In Tuesday’s edition of The New York Times, Adam Liptak will have a new installment of his “Sidebar” column that begins, “If you didn’t know it was a Supreme Court argument, you might think you were seeing a catastrophically overbooked cable television show. The justices of late have been jostling for judicial airtime in a sort of verbal roller derby.”
“Bonds’ trial delayed, feds unearth new recording”: The Associated Press has a report that begins, “A juror called in sick at the Barry Bonds perjury trial Monday, forcing testimony to be postponed, while the government tried to get new evidence admitted that could abruptly turn the case in its favor.”
“With Stakes High, N.F.L. Relies on a Star Lawyer”: This article appears today in The New York Times.