“In this appeal, we consider whether the mere offer of an automobile ride to a child
constitutes an attempt to ‘lure’ the child under Section 2910 of Pennsylvania’s Criminal Code, entitled ‘Luring a child into a motor vehicle or structure.'” So begins the majority opinion that the Supreme Court of Pennsylvania issued today in a case captioned Commonwealth v. Hart.
The decision also included a concurring opinion and an opinion concurring in part and dissenting in part.
“Court rules mass murderer Banks will not be executed”: The Times-Tribune of Scranton, Pennsylvania has this news update.
And The Associated Press has a report headlined “Pa. high court: Killer not competent for execution.”
You can access today’s ruling of the Supreme Court of Pennsylvania at this link.
“How one music downloader’s battle could change copyright law”: Reuters has a report that begins, “In the age of iTunes and an-app-for-everything, Joel Tenenbaum’s battle with the music industry over illegal downloading seems as relevant as an eight-track cassette. But it turns out the fight could produce something surprisingly enduring: a change in copyright law.”
“Pentagon announces war crimes capital case; The Pentagon moved forward with a death penalty case in an al Qaeda attack on a U.S. Navy warship and did it by unveiling a new military commissions website”: Carol Rosenberg of The Miami Herald has this news update.
“Administration Asks Justices to Rule Quickly on Health Law”: Adam Liptak of The New York Times has this news update.
Greg Stohr of Bloomberg News reports that “Obama Lawyers Appeal to U.S. High Court for Ruling on Health-Care Overhaul.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “U.S. appeals on health care.” You can access the federal government’s petition for writ of certiorari at this link.
“Justice Dept wants speedy health care ruling”: Mark Sherman of The Associated Press has this updated report.
“Considering the Role of Judges Under the Constitution of the United States”: The U.S. Senate’s Judiciary Committee has scheduled this hearing for next Wednesday afternoon. Scheduled to participate as witnesses are Justices Antonin Scalia and Stephen G. Breyer. A “webcast” button already appears on the hearing’s web page, indicating that the hearing should be available to be viewed live online.
“26 states appeal health care law to Supreme Court”: Mark Sherman of The Associated Press has this report.
“Judge: Righthaven lacked standing, abused Copyright Act.” Vegas Inc has this report.
The Las Vegas Sun has posted yesterday’s ruling of the U.S. District Court for the District of Colorado at this link.
“Broad challenges to health law”: Lyle Denniston has this post at “SCOTUSblog.”
And at the “aca litigation blog,” Brad Joondeph has posts titled “States file cert petition in Florida v. HHS” and “Non-state plaintiffs file petition for certiorari in Florida v. HHS.”
“Court Rules Young Students Have Religious-Speech Rights”: Mark Walsh has this post at the “School Law” blog of Education Week.
My earlier coverage of yesterday’s en banc Fifth Circuit ruling appears here and here.
“Cheshire Trial Evidence: Ropes, Scissors, Charred Beds And Carpets; Komisarjevsky jurors shown numerous photos of burned bedrooms and basement, stolen belongings.” This article appears today in The Hartford Courant.
And The New Haven Register reports today that “Komisarjevsky jurors see photos of Petit girls’ burned bedrooms, other evidence.”
“9th Circuit panel backs law against medal fraud”: David L. Hudson Jr. has this news analysis online at the First Amendment Center.
My earlier coverage of Monday’s Ninth Circuit ruling appears at this link.
“Prop. 8 lawsuit videos stay under wraps for now”: Bob Egelko has this article today in The San Francisco Chronicle.
“Campaign-finance law argued before Colorado Supreme Court”: This article appears today in The Denver Post.
“‘Sleeper’ Case Asks Whether Plaintiffs Can Sue Without An Injury”: Daniel Fisher has this blog post at Forbes.com.
“Obama’s Health-Care Law Has Legal Support, Retired Justice Stevens Says”: Greg Stohr of Bloomberg News has this report.
“William Jefferson office raid may get U.S. Supreme Court review”: Bruce Alpert has this article today in The Times-Picayune of New Orleans.
“Church Puts Faith in Court”: Today’s edition of The Wall Street Journal contains an article that begins, “A New York City church is asking the U.S. Supreme Court to assert its right to hold religious services in public schools.”
“Principals immune from damages in candy cane suit”: The Associated Press has this report.
My earlier coverage of yesterday’s en banc Fifth Circuit ruling appears at this link.
“Business group files high court health care appeal”: Mark Sherman of The Associated Press has a report that begins, “A small-business group opposed to the health care overhaul is asking the Supreme Court to strike down the entire law, not just the core requirement to buy health insurance or pay a penalty.”
And online at The Huffington Post, Mike Sacks reports that “Supreme Court Agrees To Hear Eight New Cases.”
“Supreme Court to decide deportation issue; The case concerns whether federal officials should avoid deporting illegal immigrants who came to the U.S. as minors and whose parents are lawful residents”: David G. Savage has this article today in The Los Angeles Times.
“Unappealing: The Supreme Court is less interested in ruling on Obama’s health care law than you think.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Justices Will Hear Appeals on Immigrants’ Residence”: Adam Liptak will have this article Wednesday in The New York Times.
“Oral Argument in the DC Circuit Mandate Case”: Randy Barnett has this post at “The Volokh Conspiracy.”
And at “ACSblog,” Simon Lazarus has a post titled “In Under-Reported D.C. Circuit Oral Argument, Prominent Republican Judges Suggest Novel Arguments for Upholding Health Care Law’s Individual Mandate.”
“Court puts gay marriage trial videos back on hold”: The Associated Press has a report that begins, “A federal appeals court has put the brakes on unsealing video recordings of last year’s trial on the constitutionality of California’s same-sex marriage ban.”
You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.
En banc Fifth Circuit rules that the First Amendment prohibits religious viewpoint discrimination at the elementary school level but that the school officials being sued are entitled to qualified immunity: The en banc U.S. Court of Appeals for the Fifth Circuit issued its ruling today in Morgan v. Swanson, which is perhaps better known as the “legend of the candy cane” case.
The en banc court’s decision totals 100 pages and consists of eight separate opinions.
The final section of Circuit Judge Jennifer Walker Elrod‘s opinion, which constitutes the majority opinion on the issue of whether the First Amendment prohibits religious viewpoint discrimination at the elementary school level and a dissenting opinion on the issue of qualified immunity, begins:
Imagine the United States of America where the First Amendment protects a minor’s right to play violent video games, a person’s right to hatefully protest the funerals of our heroic men and women in the miliary, and the right to possess portrayals depicting animal cruelty, such as videos of people crushing kittens with their shoes, but does not protect a child’s right to share a pencil with another child at school merely because the pencil says the word “Jesus.”
My earlier coverage of this case appears at this link.
“5th Circ. says class action money must go to class, not charity”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.
You can access yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Class photo of new Supreme Court”: The Associated Press has posted online this video (via The Washington Post) from last year.
And online at The Atlantic, Andrew Cohen has an essay entitled “Supreme Court Preview: The Roberts Legacy Term?”
“Supreme Court to hear deportation case”: Michael Doyle of McClatchy Newspapers has this report.
“Towards a Better Measure and Understanding Of U.S. Supreme Court Review of Courts of Appeals Decisions”: Attorneys John S. Summers and Michael J. Newman of Hangley Aronchick Segal Pudlin & Schiller have this article in today’s issue of The United States Law Week. Additional information about that law firm’s “Supreme Court Project” can be accessed here.
“As Federal Crime List Grows, Threshold of Guilt Declines”: Gary Fields and John R. Emshwiller have this article today in The Wall Street Journal.
“Supreme Court Will Rule on Immunity for Outside Counsel”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “New cases taken — and not.”
“Tax-Shelter Dispute Will Get Top Court Hearing”: Greg Stohr of Bloomberg News has this report.
“Senators Reach Deal on 10 Judicial Nominees”: David Ingram has this post at “The BLT: The Blog of Legal Times.”