“The (Non)Finality of Supreme Court Opinions”: You can access at this link the forthcoming Harvard Law Review article by law professor Richard J. Lazarus that is the subject of Adam Liptak’s article headlined “Final Word on U.S. Law Isn’t: Supreme Court Keeps Editing” that appears on the front page of today’s edition of The New York Times.
“Supreme Court takes Ladera man’s whistleblower case; Robert MacLean, who disclosed information while serving as an air marshal, hopes to have his one court win sustained; It came after after numerous losses and a bankruptcy long after he was fired”: The Orange County Register has this report.
“Strine, Supreme Court support office moves from courthouse; Strine has already moved to his new chambers in the Renaissance Centre at 405 N. King St.” Today’s edition of The News Journal of Wilmington, Delaware contains an article that begins, “In an unusual move for the Delaware Supreme Court, the state has signed a multi-million lease on commercial office space in Wilmington for the offices of Chief Justice Leo E. Strine Jr., his staff and the court’s administrative offices.”
“LGBT activists take UVa professor to task for his stance on cases”: Yesterday’s edition of The Daily Progress of Charlottesville, Virginia contained a front page article that begins, “University of Virginia legal scholar Douglas Laycock is facing criticism from gay rights groups for his support of religious freedom laws that activists say could lead to discrimination against the lesbian, gay, bisexual and transgender community. Activists also are upset at his support for Hobby Lobby in an ongoing Supreme Court case involving contraception coverage.”
And C-VILLE Weekly has an article headlined “Sullivan’s law professor husband criticized by gay rights group.”
“Final Word on U.S. Law Isn’t: Supreme Court Keeps Editing.” Adam Liptak will have this front page article in Sunday’s edition of The New York Times.
“Behind major US case against shareholder suits, a tale of two professors”: Alison Frankel of Reuters has this report.
“Supreme Court Has Shifted Copyright Risk to Entertainment Studios; Why the ‘Raging Bull’ ruling this week could have a big impact going forward”: Bonnie Eskenazi and Jonathan Sokol have this guest post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.
“With eye on history, judges nix gay marriage bans”: The Associated Press has this report.
“Guantanamo Inmate’s Case Reignites Fight Over Detentions”: Charlie Savage has this front page article in today’s edition of The New York Times.
Today’s edition of The Washington Post contains a front page article headlined “U.S. judge permits Pentagon to force-feed Guantanamo prisoner but issues rebuke.”
In today’s edition of The Los Angeles Times, Richard A. Serrano has an article headlined “Judge allows force-feeding of Guantanamo detainee.”
In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Administration Ordered to Produce Video of Guantanamo Force-Feeding; Judge Criticizes Methods Used to Sustain Prisoner as Needlessly Cruel.”
And Michael Doyle of McClatchy Washington Bureau reports that “Angry judge lifts ban on force-feeding of Guantanamo detainee, blasts Pentagon.”
“Behind the Komagata Maru’s fight to open Canada’s border: Dark chapter in Canadian immigration history included an unsung hero, among the first who can be called a defender of civil rights.” Michael Bird has this front page article in today’s edition of The Toronto Globe and Mail.
According to the article, “At the heart of the Komataga Maru saga was a high-stakes legal battle involving a fearless Vancouver lawyer who briefly managed to open Indian immigration to Canada for a few months before the ship’s arrival in Vancouver. After Ottawa, backed by widespread popular support, had rewritten the rule book while the Komagata Maru was steaming to the West Coast, J. Edward Bird ultimately lost the fight before a B.C. appeal court under conditions rigged in the government’s favour.”
“Cornelia G. Kennedy, Pioneering Federal Judge, Dies at 90”: This obituary will appear in Sunday’s edition of The New York Times.
“The secret short list that provoked the rift between Chief Justice and PMO”: Sean Fine has this front page article in today’s edition of The Toronto Globe and Mail.
“No, the 10th Circuit Court of Appeals isn’t issuing its same-sex marriage decision today”: Marissa J. Lang of The Salt Lake Tribune has this blog post.
“Rader Steps Down as Chief, Apologizes for Reines Email”: Scott Graham of The Recorder has this report (free registration required).
According to the article, “Rader will remain on the court but relinquish the chief judgeship on May 30 to Judge Sharon Prost — apparently the same judge whose confidence Rader betrayed with his March 5 email.”
The article goes on to report:
The controversy apparently stems from two cases Reines argued back-to-back on behalf of Promega Corp. to a Federal Circuit panel comprising Judges Prost, Haldane Mayer and Raymond Chen on March 4. Rader emailed Reines the next day, saying that over lunch one of his colleagues had remarked on Reines’ prowess against Wilmer Cutler Pickering Hale & Dorr partner Seth Waxman.
“She said Seth had a whole battery of assistants passing him notes and keeping him on track. You were alone and IMPRESSIVE in every way,” Rader wrote.
“In sum, I was really proud to be your friend today!” Rader added. “Actually, I not only do not mind, but encourage you to let others see this message.”
The email does not identify which judge Rader was referring to, but Prost was the only female member of the panel. The court issued a summary Rule 36 affirmance against Promega and Reines in one of the two cases March 10. The other case — the one Waxman participated in — remains pending.
And at Gigaom, Jeff John Roberts has a post titled “Ethics fail by top judge gives Congress new reason to close patent court.”
“Journalists Question Editorial Firewall in SCOTUSblog Credentials Appeal”: Hannah Hess has this blog post at Roll Call.
“FERC Pay-to-Save Energy Plan Thrown Out by U.S. Court”: Bloomberg News has this report.
And The Associated Press reports that “Court tosses out federal rule to reduce energy use.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
“Court rejects challenge to FCC broadband plan”: The Associated Press has this report on a lengthy ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
“Appeals court judge faces ethics questions”: The Associated Press has a report that begins, “The chief judge of a federal appeals court has issued a public apology for sending an inappropriate email to an attorney who had argued cases before him.”
You can view at this link what the Federal Circuit‘s web site currently describes as “An Open Letter from Chief Judge Randall R. Rader.”
Meanwhile, in earlier coverage, Lawrence Hurley of Reuters reports that “Chief judge on U.S. patent court steps down from lead role.”
“In vacating convictions in this Hobbs Act robbery case, a panel of the court reaches the paradoxical conclusion that a defendant who acted knowingly and voluntarily in waiving his Miranda rights could not have acted knowingly and voluntarily in responding to ensuing police questions.” So states a dissent from the denial of rehearing en banc that Second Circuit Judge Reena Raggi issued today, in which five other Second Circuit judges joined.
The vote to deny en banc review was 7-to-6. As a separate dissent from the denial of en banc review written by Circuit Judge Jose A. Cabranes explains, some of the seven judges who voted against rehearing may have believed that the case was too important to delay on its inevitable path to the U.S. Supreme Court.
The original three-judge Second Circuit panel assigned to this case issued its original ruling in December 2013 and a revised ruling on panel rehearing in March 2014.
One especially notable aspect of today’s Second Circuit denial of rehearing en banc and the three separate opinions accompanying it — neither the order nor any of the judges writing today themselves employed the term “in banc.”
“Solicitor General’s Brief in Medical Device Tort Case Capitulates to Plaintiffs’ Bar”: Richard Samp has this post at “The Legal Pulse” blog of the Washington Legal Foundation.
“RNC files lawsuit to raise unlimited cash”: The Associated Press has this report.
“Scalia’s Remarks on Law School Renew Legal Education Debate”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”
“Bad news for the Justices (and the rest of us)”: Senior U.S. District Judge Richard G. Kopf had this post yesterday at his “Hercules and the Umpire” blog.
“Ex-justice Hathaway to serve remainder of fraud sentence at home; After serving nearly 11 months in prison for fraud, Hathaway’s official release is June 26”: This article appears today in The Detroit News.
And today’s edition of The Detroit Free Press reports that “Ex-Michigan justice Hathaway eligible for home confinement.”
It appears that the “How Appealing” blog has been mentioned by Tom Goldstein in this morning’s “SCOTUSblog” credentialing appeal: Details here.
You can follow the “SCOTUSblog” live blogging of its credentialing appeal via this link.
“Legal fight over gay marriage spreads to 30 states”: The Associated Press has a report that begins, “Federal lawsuits filed this week in Montana and South Dakota leave just one state — North Dakota — with a gay marriage ban that’s not facing some form of legal challenge.”
“Court: 30 years’ solitary OK for convicted killer.” The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
And in today’s edition of The Denver Post, John Ingold has an article headlined “Supermax inmate held in solitary confinement for 30 years loses appeal.”
“Federal Circuit’s Judge Rader Resigns as Chief Judge; Will Remain on Court”: Ashby Jones and Brent Kendall have this post at WSJ.com’s “Law Blog.”
The web site of the U.S. Court of Appeals for the Federal Circuit provides this announcement.
The announcement follows an article in today’s edition of The Wall Street Journal headlined “Top Judge Who Gave Lawyer Praise Recuses Himself From Patent Cases; Laudatory Email Raises Questions About Patent Bar” (free access).
Jones and Kendall also now have a more extensive news update headlined “Judge Who Recused Himself From Patent Cases Resigns as Chief Judge; Randall R. Rader Leaves Post as Chief Judge of Court of Appeals, Stays on the Bench” (free access).
And at “The BLT: The Blog of Legal Times,” Zoe Tillman has a post titled “Randall Rader Resigns As Chief Judge of Federal Circuit.”
“Tennessee brings back the electric chair”: The Associated Press has a report that begins, “As the rest of the nation debates the feasibility and humanity of lethal injections against a backdrop of scarce drugs and botched executions, Tennessee has come up with an alternative: the electric chair.”
“Sandy Springs Sex Toys Ban Could End Up In U.S. Supreme Court”: Georgia Public Broadcasting has this report today.
Last week, Atlanta’s WSB-TV reported that “Woman files suit over sex toy law.”
You can access the complaint initiating suit, filed last Friday in the U.S. District Court for the Northern District of Georgia, at this link.
“Rare execution stay shows Supreme Court concern on death penalty”: Michael Doyle of McClatchy Washington Bureau has this report.
“Scotusblog loss of Senate press credentials fuels media uproar; Website to mount appeal of press gallery decision on Friday; Legendary reporter Lyle Denniston may be affected”: The Guardian (UK) has this report.
And yesterday at “SCOTUSblog,” Kali Borkoski had a post titled “Standing Committee to hear appeal tomorrow.” “SCOTUSblog” intends to live-blog the appeal proceeding at this link beginning at 10:30 a.m. eastern time today.
“Paying For Prestige: Law schools paid judges nearly $2 million for teaching, lecturing in 2012.” Zoe Tillman will have this article (free access) in next Monday’s edition of The National Law Journal.
Also in next Monday’s issue, Tillman will have an related article headlined “Judicial Disclosure Reports Don’t Tell All; Appellate judges shielded some financial information in nearly half of all of the documents filed last year.”
“Top Judge Who Gave Lawyer Praise Recuses Himself From Patent Cases; Laudatory Email Raises Questions About Patent Bar”: Ashby Jones and Brent Kendall will have this article in Friday’s edition of The Wall Street Journal.
“Appeals court rules against Tulsa officer in mosque lawsuit”: The Tulsa World has this news update reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.