Programming note: During the day on Thursday, I will be observing the meeting of the Advisory Committee on Rules of Appellate Procedure in Philadelphia. As a result, new posts won’t appear here until Thursday evening, although some new activity may appear in the interim on this blog’s Twitter feed.
When new posts do appear here Thursday evening, I will report on the latest news regarding the pending FRAP briefing word limit reductions, which are on the advisory committee’s agenda for further consideration tomorrow.
“Elizabeth Weaver, controversial Michigan justice, dies at 74”: The Associated Press has this report.
And The Detroit News reports that “Former Supreme Court justice Weaver dies.”
“Views of Supreme Court Little Changed as Major Rulings Loom; Ideological Divide in Views of Court’s Ideology”: The Pew Research Center has issued this news release. You can access the complete survey report at this link.
“Manufacturer asks DOC to return supplies of drug used in lethal injection”: The Arizona Republic has an article that begins, “As the U.S. Supreme Court prepares to hear oral arguments next week that may prohibit the use of the drug midazolam in executions by lethal injection, at least one of the drug’s manufacturers has asked the Arizona Department of Corrections to return the product to them.”
“Supreme Court Justices Are Getting ‘Grumpier,’ Study Finds; Computer analysis of decisions going back to John Jay finds increasing dyspepsia and a ‘lower grade level’ of writing”: Paul Barrett of Bloomberg News has this report.
“In Fourth Amendment cases, it’s a toss-up”: Orin Kerr has this post today at “The Volokh Conspiracy.”
“Tsarnaev’s Defense Tries to Recast Obscene Gesture”: Katharine Q. Seelye will have this article in Thursday’s edition of The New York Times.
And Milton J. Valencia, Kevin Cullen, Patricia Wen, and John R. Ellement of The Boston Globe have a news update headlined “Stories of pain and loss described at Marathon bombing trial.”
“Appeals court overturns Barry Bonds’ obstruction conviction”: Bob Egelko of The San Francisco Chronicle has this report.
John Branch of The New York Times reports that “Barry Bonds’s Obstruction of Justice Conviction Is Overturned.”
Dan Levine of Reuters reports that “U.S. strikes out with prosecution of baseball great Barry Bonds.”
And Peter Blumberg of Bloomberg News reports that “Barry Bonds Wins Appeal Voiding Conviction in Steroids Probe.”
Access online the agenda book for tomorrow’s meeting of the Advisory Committee on Rules of Appellate Procedure in Philadelphia: At this link. The meeting’s agenda can be viewed here.
The committee’s reporter, law professor Catherine T. Struve, has done her usual superlative job of summarizing both what’s at issue and the comments received concerning the pending FRAP briefing word limit reductions. Perhaps the most interesting portion of the memo is the reporter’s analysis of the comments received and the options now facing the committee.
“Supreme Court Hears Appeal in Raisin Case”: Adam Liptak will have this article in Thursday’s edition of The New York Times.
Robert Barnes of The Washington Post reports that “Raisin farmers appear poised to win challenge of New Deal-era program.”
David G. Savage of The Los Angeles Times reports that “Supreme Court justices appear ready to rule against California raisin board.”
Richard Wolf of USA Today reports that “High court may free raisin farmers from federal program.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Skeptical of Decades-Old Raisin Program; Family challenges program requiring producers to turn over part of their crop to government.” You can freely access the full text of the article via Google.
Michael Doyle of McClatchy Washington Bureau reports that “At Supreme Court, raisin rules get scoopful of arguments.”
Jeremy P. Jacobs of Greenwire reports that “Supreme Court struggles with Calif. raisin farmer’s takings case.”
And Lyle Denniston of “SCOTUSblog” has a post titled “Argument analysis: Imagery overwhelms the facts.”
“Don’t Hold Your Breath For Souter’s Papers”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.” You can freely access the full text of the post via Google News.
“Ted Cruz Showed Eloquence, and Limits, as Debater at Princeton”: Jason Horowitz will have this article in Thursday’s edition of The New York TImes.
And at the newspaper’s “FirstDraft” blog, Horowitz has a related post titled “Ted Cruz, the Great Debater … Sort Of.”
“Opponents of Gay Marriage Ponder Strategy as Issue Reaches Supreme Court”: Erik Eckholm will have this article in Thursday’s edition of The New York Times.
“Bonds’ obstruction conviction thrown out by appeals court”: The Associated Press has this report on the per curiam en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued late today.
In addition to a two-page per curiam decision announcing the ruling of the court, a total of five judges joined in Circuit Judge Alex Kozinski‘s concurring opinion. Circuit Judge N. Randy Smith issued a concurring opinion in which a total of four judges joined, including Circuit Judge Consuelo M. Callahan, who also joined in Judge Kozinski’s concurring opinion. Circuit Judge Stephen Reinhardt issued a concurring opinion on his own behalf. Circuit Judge William A. Fletcher issued an opinion concurring in the judgment. And Circuit Judge Johnnie B. Rawlinson issued a dissenting opinion that begins, “There is no joy in this dissenting judge. The per curiam and concurring opinions have struck out.”
In other coverage, Maura Dolan of The Los Angeles Times reports that “Barry Bonds’ obstruction of justice conviction overturned.”
“Can government squeeze raisin growers? Justices have doubts.” Sam Hananel of The Associated Press has this report.
And Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Casts Doubt on Raisin Price-Boosting Plan.”
Update: You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Horne v. Department of Agriculture, No. 14-275.
“High court makes it easier to sue government for negligence”: Mark Sherman of The Associated Press has this report.
And Lawrence Hurley of Reuters reports that “U.S. top court makes it easier for people to sue the government.”
Access online today’s ruling of the U.S. Supreme Court in argued cases: Justice Elena Kagan delivered the consolidated opinion of the Court in United States v. Kwai Fun Wong, No. 13-1074, and United States v. June, No. 13-1075. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Antonin Scalia and Clarence Thomas joined. You can access the oral arguments here (Wong) and here (June).
“Boston Bombing Jury To Hear More Testimony Before Sentencing Tsarnaev”: Tovia Smith had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
And on yesterday evening’s broadcast of “All Things Considered,” Smith had an audio segment titled “Sentencing Phase In Boston Marathon Bombing Trial Begins.”
“Democrats Call Lynch Confirmation Delay A New Low In Washington Gridlock”: Carrie Johnson had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“The case against gay marriage: Let my people vote.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.
“Supreme Court Curbs Drug-Sniffing Dogs During Traffic Stops; Justices continue on path of strengthening constitutional protections against ‘unreasonable search and seizure'”: Jess Bravin has this article in today’s edition of The Wall Street Journal.
“Judicial vacancies in Alabama pile up”: Mary Troyan of The Montgomery Advertiser has this report.
