“AG won’t appeal Delaware death penalty ruling; GOP lawmakers plan to introduce legislation to revise death penalty law”: Jessica Masulli Reyes and Matthew Albright of The News Journal of Wilmington, Delaware have this report.
“‘Sister Wives’ case moves slowly toward Supreme Court”: Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.
“Go Ahead and Lie, Donald. You’re Protected.” Law professor Noah Feldman has this essay online at Bloomberg View.
“Backpage wants First Amendment cloak in Senate sex traffic probe”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.
“No Justice for Sylville Smith: How the Supreme Court has failed victims of police brutality.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“Religious Liberty Is a Little Different in the Military”: Law professor Noah Feldman has this essay online at Bloomberg View.
“Jury: A.G. Kane guilty of perjury, obstruction, all other charges.” Craig R. McCoy, Angela Couloumbis, and Laura McCrystal of The Philadelphia Inquirer have this report.
“Federal appeals court upholds Hawaii’s open primary”: The Associated Press has this report.
And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Dems Lose Hawaii Open Primary Challenge.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“In U.S. Jails, a Constitutional Clash Over Air-Conditioning”: Alan Blinder will have this article in Tuesday’s edition of The New York Times.
“Court rules against death-row inmate who filed appeal one day late”: Nick Wicksman of Cronkite News has this report back in June 2015 reporting on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a day earlier.
Today, the en banc Ninth Circuit by a vote of 6-to-5 reversed the district court’s refusal to vacate and reenter its order to allow the appeal to be timely. You can access today’s en banc ruling at this link. In his separate dissenting opinion, Circuit Judge Paul J. Watford invited the U.S. Supreme Court to reconsider its 2007 ruling in Bowles v. Russell.
It is interesting to note that none of the judges on the original three-judge Ninth Circuit panel was selected to serve on the 11-judge en banc panel. Consequently, if cumulative voting mattered, which it does not, among Ninth Circuit judges the overall tally in favor of dismissing the appeal as untimely currently stands at 8-to-6.
“Is America Any Safer? Since 9/11, the United States has spent $1 trillion to defend against al-Qaeda and ISIL, dirty bombs and lone wolves, bioterror and cyberterror; Has it worked?” Steven Brill has this cover story in the September 2016 issue of The Atlantic magazine.
“Court rejects Cosby’s attempt to reseal testimony on affairs”: The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
“Breyer Sets Sights on Death Penalty With Transgender Vote”: Kimberly Robinson of Bloomberg BNA has this report.
“Should it be legal to have a congressional district only one party can win?” David G. Savage of The Los Angeles Times has this report.
“Megaupload’s Dotcom to seek a review of U.S. court’s forfeiture ruling”: Reuters has this report.
“Justice Sonia Sotomayor offers personal window into Supreme Court”: Matt Buxton has this front page article in today’s edition of The Fairbanks Daily News-Miner.
And Erica Martinson of Alaska Dispatch News reports that “In Fairbanks, US Supreme Court justice says the country, not the court, has become more politicized.”
“Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?” Steve Vladeck has this post today at “Just Security.”
“The Legacy of Lynching, on Death Row: In Alabama, Bryan Stevenson is saving inmates from execution and memorializing the darkest episodes of America’s past.” Jeffrey Toobin has this profile in the August 22, 2016 issue of The New Yorker.