Access online the video of yesterday’s panel discussion at the National Press Club titled “The New Politics of Judicial Elections 2011-12”: Last Friday, I had this post linking to the underlying report. You can view the video of the panel discussion by clicking here.
Miller v. Alabama — prohibiting the imposition of a mandatory life sentence, without the possibility of parole, for a murder committed by a juvenile — does not apply to an already final judgment, the Pa. Supreme Court has ruled today by a vote of 4-to-3: Today’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a dissenting opinion.
“What Americans Don’t Understand About the Death Penalty: Support for capital punishment has hit an all-time low, according to a new Gallup poll; But the public still has a lot to learn about how unjustly the sentence is applied.” Andrew Cohen has this essay online at The Atlantic.
“Retired U.S. Supreme Court justice to speak at freedom of the press conference”: UGA Today has issued a news release that begins, “The University of Georgia School of Law will welcome retired U.S. Supreme Court Justice John Paul Stevens on Nov. 6 as the keynote speaker for a daylong conference titled ‘The Press and the Constitution 50 Years after New York Times v. Sullivan.'”
Additional information about the event can be accessed here.
“The Supreme Court and the Perils of Advocacy Science: Examples from the Schuette Oral Argument on Affirmative Action.” The Brookings Institution has posted online this essay by law professor Richard Lempert.
“Toppled Ten Commandments back in place near Supreme Court”: The Washington Times has this report.
“U.S. Supreme Court to hear Greece prayer case next week”: This article appears today in The Rochester (N.Y.) Democrat and Chronicle.
“GOP takes aim at Metro East native in D.C. judicial nomination fight”: Bill Lambrecht has this article today in The St. Louis Post-Dispatch.
James Rowley and Greg Stohr of Bloomberg News report that “Judicial Confirmation Clash Looms Over Obama’s Nominees.”
Burgess Everett of Politico.com has reports headlined “Harry Reid on D.C. judge fight: ‘Ridiculous’” and “Hold on: Nomination fights return to the Senate.”
At FoxNews.com, Shannon Bream reports that “Battle brewing over Obama nominations to crucial DC appeals court.”
Jennifer Bendery of The Huffington Post has an article headlined “Patrick Leahy: ‘Insurmountable’ Push For Filibuster Rules Change If GOP Blocks Obama Nominee.”
And at the “Constitution Daily” blog of the National Constitution Center, Lincoln Caplan has a post titled “The Senate showdown about the D.C. Circuit.”
“No immediate decision on Texas abortion law appeal”: The Associated Press has this report.
“Between Democrats and a Push for Filibuster Change, One Nominee”: This article will appear in Wednesday’s edition of The New York Times.
“Easton Area School District to appeal ‘I Heart Boobies’ bracelet case to U.S. Supreme Court”: The Express-Times of Easton, Pennsylvania has this news update.
The Morning Call of Allentown, Pennsylvania has a news update headlined “Easton schools taking ‘boobies’ case to U.S. Supreme Court; Solicitor says state, national school groups could pay for fight against the bracelets.”
And The Associated Press reports that “‘Boobies’ bracelet fight heading to Supreme Court.”
“Public servant loses sex injury compo claim”: The Canberra Times of Australia has this news update.
The Age of Melbourne, Australia has a news update headlined “Sex injury compo bid rebuffed by High Court over ‘lack of inducements’” that begins, “There are days within the august surrounds of the High Court when even the most sober of Justices might struggle against an injudicious outbreak of levity.”
And The Australian has a news update headlined “High Court rules out compensation to public servant injured while having sex in a motel.”
You can access Wednesday’s ruling of the High Court of Australia at this link.
“Ballot Measure on Judicial Retirement Age Is Said to Divide Cuomo and Top Judge”: This article will appear in Wednesday’s edition of The New York Times.
“Oklahoma Court Deems Law a Wide Attack on Abortion”: Adam Liptak will have this article in Wednesday’s edition of The New York Times.
“SeaWorld appeal could force taming of its popular orca shows after trainer’s death”: Carlyn Kolker of Reuters has a report that begins, “A killer whale, the lawyer-son of a Supreme Court justice and the grisly death of wildlife trainer will play roles in a U.S. appeals court case next month that could forever change marine park operator SeaWorld’s marquee entertainment.”
“NY appeals judges ponder fate of stop-frisk ruling”: The Associated Press has a report that begins, “A New York City lawyer has asked a federal appeals panel to suspend a judge’s finding that facets of the stop-and-frisk program are unconstitutional.”
“Nomination fights return to the Senate”: Politico.com has this report.
And The Associated Press reports that “Senate clears an Obama pick, other battles brew.”
“When judges mouth off outside the courtroom”: Michael McGough has this essay online at The Los Angeles Times.
“U.S. Death Penalty Support Lowest in More Than 40 Years; Sixty percent of Americans favor death penalty for convicted murderers”: Gallup issued this news release today.
“Democrats, Republicans Spar Over D.C. Circuit”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”
“Constitutional amendment would let court select chief justice”: The Milwaukee Journal Sentinel has a news update that begins, “The state Supreme Court would elect its chief justice and drop the 124-year-old practice of awarding that post by seniority, under a constitutional amendment moving quickly through the Legislature.”
“Stage set for Supreme Court to rule on abortion-inducing drugs”: David G. Savage of The Los Angeles Times has this news update.
USA Today reports that “OKla. top court reaffirms abortion law unconstitutional; The ruling comes one day after a federal judge struck down parts of a Texas abortion law.”
And Greg Stohr of Bloomberg News reports that “Oklahoma Supreme Court Says Law Would Ban Pill-Induced Abortions.”
My earlier coverage of today’s Oklahoma Supreme Court ruling appears at this link.
“Who Has The Right To Know Where Your Phone Has Been?” Larry Abramson had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Barry Bonds asks federal appeals court to rehear his criminal case”: Howard Mintz has this article today in The San Jose Mercury News.
And The Associated Press reports that “Barry Bonds asks for reconsideration of conviction.”
You can access at this link the petition for rehearing en banc filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
“SCOTUSblog on camera: Donald B. Verrilli, Jr. — Part five.” You can access the video, the fifth of five parts, via this link.
“Conversations About the Law Series: Roy T. Englert Jr.” Shon R. Hopwood (who may have a series about him on TV before Tom Goldstein does) has this blog post today at “The CockleBur.”
“Stop-and-Frisk Ruling ‘Deeply Flawed,’ N.Y. Tells Judges”: Bloomberg News has a report that begins, “New York City said a U.S. judge’s decision declaring the police department’s stop-and-frisk search tactic unconstitutional will jeopardize safety, echoing a debate that has been a focal point in the campaign to succeed Mayor Michael Bloomberg.”
“Capobiancos to discuss Veronica’s return on today’s ‘Dr. Phil’ show”: The Post and Courier of Charleston, South Carolina has this news update.
“State law would ban all drug-induced abortions, Oklahoma high court says; In a closely-watched case that could ultimately be decided by the U.S. Supreme Court, the Oklahoma Supreme Court agrees with abortion rights group on law regarding abortion-inducing drugs”: Chris Casteel of The Oklahoman has this news update.
You can access today’s ruling of the Supreme Court of Oklahoma at this link.
Update: In other coverage, at “SCOTUSblog,” Lyle Denniston has a post titled “Oklahoma anti-abortion law explained.”
“Texas Seeks Emergency Stay to Implement Abortion Limits”: Laurel Brubaker Calkins of Bloomberg News has a report that begins, “Texas asked a federal appeals court in New Orleans for an emergency order blocking a U.S. judge’s ruling yesterday in Austin striking down some state abortion restrictions as it seeks to enforce new limits on the procedure that were set to take effect today.”
In addition, Elise Young and Andrew Harris of Bloomberg News report that “Texas Abortion Ruling May Begin Climb to Supreme Court.”
The Associated Press reports that “Texas AG seeks quick ruling on abortion law appeal.”
And Reuters reports that “Texas attorney general asks court to reinstate abortion measure.”
Programming note: This morning, I will be presenting an appellate oral argument to a three-judge panel of the Superior Court of Pennsylvania. And soon thereafter, I will be meeting with co-counsel in another pending appeal.
As a result, additional posts will not appear here until this afternoon.
“Judicial Nominations Fight to Flare Up”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”
In the November 2013 issue of ABA Journal magazine: David L. Hudson Jr. has an article headlined “The establishment clause is still a contentious battle among the justices.”
Hudson also has an article headlined “Virginia Supreme Court holds that advertising rules may be applied to a lawyer’s blog.”
Mark Walsh has an article headlined “High court tackles another 4th Amendment case.”
And the new installment of Bryan A. Garner’s “On Words” column is headlined “An interview with the lawyer who discovered Clarence Darrow’s letters.”
“Ralphs Gets Cold Cut in Deli Worker Dispute”: At her “Trial Insider” blog, Pamela A. MacLean has a post that begins, “Ralphs grocery chain cannot compel individual arbitration for a group of deli clerks claiming they were denied meal breaks and overtime and want to pursue the claims as a class action.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Reply Brief Filed in United States v. Auernheimer“: On Friday, Orin Kerr had this post at “The Volokh Conspiracy” linking to a copy of the reply brief filed earlier that day in the U.S. Court of Appeals for the Third Circuit.