“Players call NFL a ‘cartel’ in court filing”: The Associated Press has a report that begins, “NFL players who sued the league for alleged antitrust violations liken the league to a ‘cartel’ in their latest court filing, again urging an appeals court to lift the lockout. In arguments filed in the 8th U.S. Circuit Court of Appeals, just minutes before Friday’s midnight deadline, attorneys for the players reiterated their argument that the NFL has violated antitrust laws.”
You can access at this link the Brief for Appellees filed late last night in the U.S. Court of Appeals for the Eighth Circuit.
“Supreme Court may hear case on tuition breaks for illegal immigrants; California’s policy allowing some illegal immigrants to pay in-state college tuition is being challenged as a possible violation of federal law”: David G. Savage has this article today in The Los Angeles Times.
“Keep the Briefs Brief, Literary Justices Advise”: Adam Liptak will have this article Saturday in The New York Times.
“Fighting for the Right to Tell Lies”: This article about the Stolen Valor Act will appear Saturday in The New York Times.
“Court wrestles with cultural practices case”: In today’s edition of The Honolulu Star-Advertiser, Ken Kobayashi has an article that begins, “All five Hawaii Supreme Court justices grilled lawyers yesterday in a case that could help clarify to what extent a native Hawaiian’s practice of traditional cultural and religious activities can trump a criminal prosecution.”
“Recount shows Prosser still the winner by more than 7,000 vote”: The Milwaukee Journal Sentinel has a news update that begins, “With the weeks-long recount complete, unofficial numbers confirm that state Supreme Court Justice David Prosser narrowly defeated Assistant Attorney General JoAnne Kloppenburg in the April 5 election.”
“Pro players’ unions want NFL lockout lifted”: The Associated Press has this report.
Today is the due date for the football players’-side briefs in the case captioned Tom Brady, et al. v. National Football League, et al., No. 11-1898 (8th Cir.). Already, some amicus briefs in support of the players have been filed. You can access the appellate filings in the case free of charge via this link.
“Court sides with families of beheaded contractors”: The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Whether or not he is confirmed, law professor Goodwin Liu would not be the first Asian-American judge to serve on the U.S. Court of Appeals for the Ninth Circuit: Notwithstanding the headline and text of this article published today in The Los Angeles Times (which I noted in this post from earlier today), law professor Goodwin Liu would not become the first Asian-American to serve as a judge on the U.S. Court of Appeals for the Ninth Circuit were the U.S. Senate to approve his nomination.
Rather, it appears that Liu, if confirmed, would be the fourth Asian-American judge to serve on the Ninth Circuit. The first was Circuit Judge Herbert Young Cho Choy, who began serving on the Ninth Circuit in 1971. The second was Circuit Judge Thomas Tang, who began serving on the Ninth Circuit in 1977. And Senior Circuit Judge Atsushi Wallace Tashima continues to serve on the Ninth Circuit.
The Federal Judicial Center provides this list of Asian-American federal judges and this list of judges who have served on the Ninth Circuit.
Update: The Los Angeles Times article now features a prominent correction containing the information set forth above.
“Wisconsin Supreme Court upholds life without parole for young teen”: The Milwaukee Journal Sentinel has this news update.
And The Associated Press has a report headlined “Wis. Supreme Court: Teen’s life prison sentence OK.”
You can access today’s ruling of the Supreme Court of Wisconsin at this link.
Habeas limits recognized in yesterday’s en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit draw harsh condemnation from dissenters: The U.S. Court of Appeals for the Eleventh Circuit issued this noteworthy en banc decision yesterday.
Circuit Judge Ed Carnes wrote the majority opinion. Senior Circuit Judge James C. Hill wrote a passionate dissenting opinion.
In blog-related news from last night’s Massachusetts Bar Association Centennial Ball: Robert J. Ambrogi — author of the “LawSites” and “Media Law” blogs — has this twitter post about something that an unidentified First Circuit judge said last night.
And in non-blog related news concerning that event, U.S. Supreme Court Justice Stephen G. Breyer delivered the keynote address.
“Firestorm turns into appreciation for moving words”: Yesterday’s edition of The Augusta Chronicle contained an article that begins, “Controversy that might have surrounded Supreme Court Justice Clarence Thomas’ Wednesday appearance in Augusta seemed to melt away as the conservative justice spoke of segregation, the importance of courthouses and the legacy of John H. Ruffin Jr., the namesake of the new judicial building.”
The newspaper also contained an article headlined “Thomas cites historic cases in dedication.”
“With Muskego votes reconciled, Prosser moves into statewide lead”: This article appears today in The Milwaukee Journal Sentinel.
“Arizona high court sets new rules for police’s ‘protective sweeps'”: Howard Fischer has this article today in The East Valley Tribune.
And The Associated Press reports that “Ruling restricts warrantless ‘protective sweeps.’”
You can access yesterday’s ruling of the Supreme Court of Arizona at this link.
“Deerfield couple not liable for death of teen who drank in their home; State Supreme Court overturns appellate decision”: This article appears today in The Chicago Tribune.
The Daily Herald of Arlington Heights, Illinois reports that “Lake County couple not liable in underage drunken driving death.”
And The Associated Press reports that “Illinois court blocks lawsuit on underage drinking.”
You can access yesterday’s ruling of the Supreme Court of Illinois at this link.
“Va. Supreme Court to Rule on Insurance Coverage of Warming Claims”: Lawrence Hurley of ClimateWire has this report (via The New York Times).
“Senate Republicans block judicial nominee Goodwin Liu”: The Washington Post contains this article today.
Today in The Los Angeles Times, James Oliphant reports that “GOP blocks Goodwin Liu from federal appeals court; Senate Republicans use a filibuster to block a vote on the UC Berkeley law professor’s nomination to the 9th Circuit bench in San Francisco, saying he’s too liberal; He would have been the court’s first Asian American.”
And The Fairbanks Daily News-Miner reports that “Alaska Sen. Murkowski breaks with GOP on judicial nominee vote.”
“Senate Republicans Block Vote on Obama-Appointed Judge”: This article will appear Friday in The New York Times.
Joan Biskupic of USA Today has a news update headlined “Senate rejects Obama judicial nominee.”
The Salt Lake Tribune has a news update headlined “Lee cites Alito criticism in voting against judicial nomination.”
Josh Richman of The Oakland Tribune has a news update headlined “GOP blocks UC Berkeley law professor’s vote to bench.”
The Washington Times has a news update headlined “Obama judicial nominee Liu fails to clear Senate.”
Michael Doyle of McClatchy Newspapers reports that “GOP filibuster blocks federal appeals court nominee Liu.”
Bloomberg News reports that “Senate Blocks Confirmation of Court Nominee Liu.”
Bill Mears of CNN.com reports that “Senate Democrats fail to block filibuster over judicial nominee.”
On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Controversial Obama Judicial Pick Falls To Filibuster.”
And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled “Extraordinary Hypocrisy: How Republican senators justified their decision to kill the nomination of Goodwin Liu.”
“Senate Votes Against Judicial Nominee Liu”: Jess Bravin of The Wall Street Journal has this news update.
James Oliphant of The Los Angeles Times has a news update headlined “Senate Republicans block appeals court nomination of Goodwin Liu.”
Politico.com reports that “Senate GOP filibusters Goodwin Liu.”
Alexander Bolton of The Hill has a blog post titled “Senate hands Obama his first defeat on a judicial nominee.”
And at “The BLT: The Blog of Legal Times,” David Ingram has a post titled “Republicans Block Judicial Nomination of Goodwin Liu.”
“Losing counties in Ten Commandments cases face growing legal bills to ACLU”: Today’s edition of The Lexington Herald-Leader contains an article that begins, “The legal bill continues to mount for two south-central Kentucky counties from their lengthy, unsuccessful fight to post copies of the Ten Commandments in their courthouses.”
“Obama pick for bench blocked by GOP”: The Associated Press has this report.
Update: The U.S. Senate’s official roll call vote tally can be accessed here.
The U.S. Senate‘s cloture vote on the nomination of law professor Goodwin Liu to the U.S. Court of Appeals for the Ninth Circuit is now underway: You can view the vote live, online via C-SPAN2.
Update at 2:21 p.m.: It appears that at least 41 “no” votes have been cast against invoking cloture, which would mean that the attempt to invoke cloture has failed.
Update at 2:31 p.m.: The final vote on cloture was 52 votes for, 43 votes against, and one Senator voted “present.” Because the cloture motion did not receive at least 60 votes in favor, the motion did not succeed.
Scholarly articles of interest available online via SSRN: Law professor Neil S. Siegel has an article titled “Free Riding on Benevolence: Collective Action Federalism and the Individual Mandate” (via “Legal Theory Blog“).
Law professor Marci A. Hamilton has an article titled “Employment Division v. Smith at the Supreme Court: The Justices, the Litigants, and the Doctrinal Discourse” (via “Legal Theory Blog“).
And law professor Stephen I. Vladeck has an article titled “The D.C. Circuit After Boumediene” (via “Legal Theory Blog“).
“Widow of anthrax victim doubts FBI’s conclusion”: The Associated Press has a report that begins, “The widow of a Florida tabloid photo editor who died in the 2001 anthrax mailings is casting fresh doubt on the FBI’s conclusion that a lone federal scientist staged the attacks, according to new documents filed in her lawsuit against the government.”
“Alaska Supreme Court Justice Morgan Christen Nominated to Ninth Circuit”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
My earlier coverage of the nomination appears at this link.
“Oregon Supreme Court sends message to sheriffs: Medical marijuana cardholders can’t be denied concealed gun licenses solely because they use pot.” The Oregonian has this news update.
And The Associated Press reports that “Ore. court rules medical pot users can have guns.”
You can access today’s ruling of the Supreme Court of Oregon at this link.
“Goodwin Liu teeters toward a loss”: Politico.com has this report.
“FBI investigates Unabomber in ’82 Tylenol deaths”: The Associated Press has this report.
“Private Prisons Found to Offer Little in Savings”: This article appears today in The New York Times.
“Justice in Dreamland”: Linda Greenhouse has this post at the “Opinionator” blog of The New York Times.
“Senate braces for possible filibuster over judicial nominee; Democrats need at least seven Republicans to cross party lines in order to advance the nomination process of Goodwin Liu, a UC Berkeley law professor”: James Oliphant of The Los Angeles Times has this news update.
In Thursday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Obama Court Pick Nears Pivotal Vote.”
The Washington Times has a news update headlined “Republicans stand firm against court nominee; Liu seen as activist, inexperienced.”
Michael Doyle of McClatchy Newspapers reports that “Federal appeals court nominee Liu faces Senate vote.”
Bill Mears of CNN.com reports that “Obama judicial nominee faces crucial Senate vote.”
And Tom Curry of MSNBC has a report headlined “How’s Obama doing on court vacancies?”
According to a blog post from The Hill, tomorrow’s cloture vote is scheduled to occur at 2:15 p.m. eastern time.
“Daimler must face Argentina abuse lawsuit in U.S.” Reuters has this report.
And Bloomberg News reports that “Daimler Must Face Claims Over Argentina ‘Dirty War’ Worker Kidnappings.”
Circuit Judge Stephen Reinhardt wrote today’s ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
“Activity, inactivity, and the power to regulate interstate commerce”: Law professor Brad Joondeph had this interesting post Sunday at the “aca litigation blog.”
“Obama nominates Alaska Supreme Court Justice Morgan Christen to 9th Circuit”: Erika Bolstad of The Anchorage Daily News has this blog post.
And The Associated Press reports that “Alaska justice nominated for federal Appeals Court.”
Earlier today, the White House issued a news release headlined “President Obama Nominates Justice Morgan Christen for the United States Court of Appeals.”
Update: In Thursday’s edition of The Los Angeles Times, Carol J. Williams will have an article headlined “President Obama nominates Alaska jurist to 9th Circuit panel; Alaska Supreme Court Justice Morgan Christen represented the state in litigation after the 1989 Exxon Valdez oil spill; Conservatives may oppose her due to a prior involvement with Planned Parenthood.”
