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Archived: 04/10/2007 at 21:42:55
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Tuesday, April 10, 2007 Programming note: Work will have me in court this morning. Additional posts will appear here later today. Posted at 07:30 AM by Howard Bashman "Court: MySpace Postings Are Free Speech." The Associated Press provides a report that begins, "A judge violated a juvenile's free-speech rights when he placed her on probation for posting an expletive-laden entry on MySpace criticizing a school principal, the Indiana Court of Appeals ruled." You can access yesterday's ruling of the Indiana Court of Appeals at this link. "Lawsuit tossed against Web site that derided man": The Pittsburgh Post-Gazette today contains an article that begins, "An Allegheny County judge has tossed out a defamation lawsuit against a Florida company whose Web site allowed women to anonymously deride former partners." My earlier coverage of yesterday's ruling appears at this link. "Soccer player's suit can be tried; Court rules against UNC's Dorrance": The News & Observer of Raleigh, North Carolina contains this article today. The Greensboro News-Record reports today that 'Sexual harassment lawsuit against UNC back in court." The Daily Tar Heel reports that "Dorrance lawsuit reopened; Lower court judgment set aside." And in The New York Sun, Josh Gerstein reports that "Soccer Coach Suffers Setback in Sex Talk Case." My earlier coverage of yesterday's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit appears at this link. Monday, April 09, 2007 "Videographer, Blogger Freed from Prison": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 11:00 PM by Howard Bashman "Six U.S. Attorneys Given 2nd Posting in Washington": The Washington Post on Tuesday will contain an article that begins, "A half-dozen sitting U.S. attorneys also serve as aides to Attorney General Alberto R. Gonzales or are assigned other Washington postings, performing tasks that take them away from regular duties in their districts for months or even years at a time, according to officials and department records." Posted at 10:54 PM by Howard Bashman "Federal court: Jury should hear case against UNC soccer coach." The Associated Press provides this report on today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit. My earlier coverage appears at this link. Posted at 10:20 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "Supreme Court Quickens Pace With Big Cases to Come." In other news, "Attorney Named on 'Don't Date Him' Web Site Fails to Shut Down Online Operations." My coverage from earlier today appears at this link. An article reports that "N.Y. Chief Justice Says Judiciary Is Prepared to Sue to Obtain Raises; Kaye also outlines steps to put judges' pay back on bargaining table." And The National Law Journal contains an article headlined "Who'd Want This Job, Anyway? New U.S. Attorneys may be vexed by disarray, short stays." "This appeal presents the difficult issue of whether an admittedly inappropriate environment created by a women's collegiate soccer coach was sufficiently hostile to deprive a player of the benefits of or participation in the team or her education." The U.S. Court of Appeals for the Fourth Circuit today issued its en banc ruling in Jennings v. University of North Carolina. The trial court had granted summary judgment in favor of all defendants on plaintiff's claims under Title IX and the federal civil rights act. By a vote of 8-2, today's en banc ruling reinstates the plaintiff's Title IX claim and also overturns the grant of summary judgment on the plaintiff's civil rights claim as against two defendants. The quote that appears as the title of this post comes from the concurring opinion of Circuit Judge Roger L. Gregory. Circuit Judge M. Blane Michael, the author of today's en banc majority opinion, had dissented from the original three-judge panel's ruling, which had affirmed the grant of summary judgment in favor of the defendants on all claims. My coverage of that ruling, issued one year ago Wednesdsay, appears at this link. "State and federal courts have struggled to apply the Crawford concept of testimonial hearsay." And today the Supreme Court of California joins that struggle in a ruling that you can access here. Posted at 03:08 PM by Howard Bashman "D.C. Appeals to Keep Gun Ban": The Associated Press provides a report that begins, "District of Columbia officials warned a federal appeals court Monday that its rejection of the city's handgun ban creates a precedent that could severely limit gun control." Update: "SCOTUSblog" links here to the text of the District of Columbia's petition for rehearing en banc filed today in the U.S. Court of Appeals for the D.C. Circuit. A loss that's difficult to calculate does not equal "no loss," and an exceptionally light criminal sentence does not make the defendant a prevailing party under the Hyde Amendment: Circuit Judge Richard A. Posner issued this federal Sentencing Guidelines ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Posted at 01:30 PM by Howard Bashman "Clement to Supervise Gonzales Investigation": "The BLT: The Blog of Legal Times" provides a post that begins, "Solicitor General Paul Clement has once again been pulled into the middle of a dust-up between Congress and the Justice Department." Posted at 01:20 PM by Howard Bashman "Justice Castille's thin-skinned protest will stir state Supreme Court critics": This editorial appears today in The Allentown Morning Call. Last Thursday, The Pittsburgh Tribune-Review published an editorial entitled "Castille v. Ledewitz." And today's installment of my monthly "Upon Further Review" column for The Legal Intelligencer of Philadelphia is headlined "Justice Castille: Don't let 'em see you sweat" (free access). State trial court in Pittsburgh dismisses local attorney's defamation lawsuit against the owner of DontDateHimGirl.com for lack of personal jurisdiction: The Court of Common Pleas of Allegheny County, Pennsylvania has issued this decision in the lawsuit captioned Hollis v. Joseph. ABCNews.com covered the filing of the lawsuit in a report headlined "Women Rat, Man Sues; DontDateHimGirl.com Is Getting Sued for Defamation." And ABC News mentioned the case more recently in a report headlined "Principal Sues Student for Cyber Defamation; Teen Posted MySpace Profile Stating Man's Affinity for Porn, Booze, Underage Students." You can access the pleadings in the Hollis v. Joseph case via the trial court's online docket entries at this link. And some of my recent earlier coverage of the case can be accessed here and here. "Critics Question Status of Abramoff Probe": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:11 AM by Howard Bashman Supreme Court of California to issue decision deciding scope of "testimonial hearsay" under the U.S. Supreme Court's ruling in Crawford v. Washington: California's highest court has announced that it plans to issue a ruling today in a case that presents the following question: Are all statements made by an ostensible crime victim to a police officer in response to general investigative questioning "testimonial hearsay" within the meaning of Crawford v. Washington (2004) 541 U.S. 36, and inadmissible in the absence of an opportunity to cross-examine the declarant, or does "testimonial hearsay" include only statements made in response to a formal interview at a police station?The decision is scheduled to be released at 1 p.m. eastern time today and, once available, can be accessed via this link. Posted at 08:54 AM by Howard Bashman "May the Best Appellate Lawyer Win, Unless the Facts or Law Dictate Otherwise": This week's installment of my "On Appeal" column for law.com can be accessed here. Posted at 08:50 AM by Howard Bashman "Time to act on auto emissions": The Chicago Tribune contains this editorial today. Posted at 08:47 AM by Howard Bashman "Guantanamo detainees resume hunger strike; Prisoners protest a move into a harsher facility, according to their lawyers": This article appears today in The Los Angeles Times. And The New York Times reports today that "Guantanamo Detainees Stage Hunger Strike." The Toronto Globe and Mail is reporting: Today's newspaper contains articles headlined "Two-thirds back electing judges; Twenty-five years later, poll shows strong support for Charter"; "Judges garner greater trust than politicians, survey finds; Use of notwithstanding clause remains divisive issue among respondents"; and "Supreme Court cautious about dictating government spending." Posted at 08:37 AM by Howard Bashman "No predictions on Kamehameha decision": The Honolulu Advertiser today contains an article that begins, "The U.S. Supreme Court could issue a decision as early as next Monday that would either leave Kamehameha Schools elated over the end of the legal challenge to its Hawaiians-first admission policy or set the stage for the most significant high-court ruling involving Native Hawaiians in years." Posted at 08:32 AM by Howard Bashman "Off-target on child porn: Two recent legal cases illustrate overreach and ineffectiveness by Congress in a worthy fight." This editorial appears today in The Los Angeles Times. Posted at 08:30 AM by Howard Bashman "Gingrich joins call for Gonzales to step down; The former speaker is the latest Republican to break ranks with the administration, which still stands behind the attorney general": The Los Angeles Times contains this article today. The New York Times reports today that "Gingrich Faults Gonzales for Attorneys 'Mess.'" And The Washington Post contains an editorial entitled "The Iglesias Episode: The firing of the U.S. attorney in New Mexico has not been adequately explained." "Texas men's innocence puts a county on trial; DNA is expected to clear a convicted rapist, as it has 3 of his friends": This article appears today in The Los Angeles Times. Posted at 08:24 AM by Howard Bashman Must be the April Fool's issue: The current issue of The Harvard Law Record contains articles headlined "Tired of Fickle Humans, Zeus Appoints Kagan Supreme Justice of the Universe"; "Angry Students Stage Bluebook Burning"; "Law Review Breeding Super-Minority to Take Over as President"; and "Autoadmit Lifts Veil of Anonymity." Posted at 08:07 AM by Howard Bashman "Judges Take On Dred Scott Case; Breyer, appeals court judges reconsider most infamous legal decision": This article appears today in The Harvard Crimson. Posted at 08:02 AM by Howard Bashman "Carbon Ruling: A Welcome First Step." Christine Todd Whitman has this op-ed today in The Washington Post. Posted at 07:58 AM by Howard Bashman "Another Layer of Scandal": The New York Times today contains an editorial that begins, "As Congress investigates the politicization of the United States attorney offices by the Bush administration, it should review the extraordinary events the other day in a federal courtroom in Wisconsin." My earlier coverage of the Seventh Circuit's order to enter a judgment of acquittal in the case of Georgia Thompson can be accessed here and here. "Getting Beyond Race: Justice O'Connor ponders the twilight of affirmative action." John Fund has this essay online today at OpinionJournal. Posted at 07:44 AM by Howard Bashman The New York Sun is reporting: In today's newspaper, Josh Gerstein reports that "Al-Arian Makes New Bid To End Imprisonment." And Joseph Goldstein has articles headlined "City's Tax War Set To Erupt at High Court; Win Against India May Presage Claims on Other Countries" and "First Amendment Defense Is Pursued in Hezbollah TV Case." Available online at FindLaw: Michael C. Dorf has an essay entitled "The Supreme Court's Global Warming Ruling May Not Slow Global Warming, But it Does Restore Some Common Sense to Standing Doctrine." And Howard M. Wasserman has an essay entitled "The Supreme Court's Recent Decision in Wallace v. Kato: Complicating the Process for Civil Rights Plaintiffs Challenging Unconstitutional Convictions." Sunday, April 08, 2007 "Genocide Court Ruled for Serbia Without Seeing Full War Archive": This article will appear Monday in The New York Times. Posted at 11:23 PM by Howard Bashman "Locking Up the Crucial Evidence and Crippling the Defense": Monday's edition of The New York Times will contain the brand new installment (TimesSelect temporary pass-through link) of Adam Liptak's "Sidebar" column. It begins, "David L. Knellinger will go to trial this month in Virginia because the government says his computer's hard drive contains pornographic pictures of children." I previously reported on that case in a post that you can access here. "Naked Protest Leads To Full Frontal Fee Fight; Protest Case to Set Guidelines For Fee Recovery in Lawsuits": The April 9, 2007 installment of Tony Mauro's "Court Watch" column from law.com can be accessed here. Posted at 04:15 PM by Howard Bashman "A reheated ERA shouldn't be in the Constitution; If supporters want to revive the debate, they shouldn't try to do an end-run around our constitutional traditions": Law Professor Jonathan Turley has this op-ed today in The Los Angeles Times. In addition, the newspaper contains an op-ed by Phyllis Schlafly entitled "'Equal rights' for women: wrong then, wrong now; Just like last time, when Americans see the cynicism of a revived Equal Rights Amendment, they'll reject it." And today in The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "Is the ERA making a comeback?" "A global bench-warming?" Steven Milloy has this op-ed today in The Washington Times. Posted at 04:03 PM by Howard Bashman "Resistance to death penalty growing; Questions about justice, expense undermining political support for capital punishment": The Chicago Tribune contains this article today. Posted at 03:57 PM by Howard Bashman "Fight Against Ban Grew Out of Fear, Frustration": This profile of Shelly Parker, one of six D.C. residents who sued under the Second Amendment to invalidate the District of Columbia's gun ban, appears today in The Washington Post. Posted at 03:30 PM by Howard Bashman "Scandal puts spotlight on Christian law school; Grads influential in Justice Dept." Charlie Savage has this article today in The Boston Globe. Posted at 03:20 PM by Howard Bashman "Hunger Strike Breaks Out at Guantanamo": The New York Times provides a news update that begins, "A new, long-term hunger strike has broken out at the American detention center at Guantanamo Bay, Cuba, with more than a dozen detainees subjecting themselves to daily force-feeding to protest their treatment, military officials and lawyers for the detainees said." Posted at 03:12 PM by Howard Bashman "Gonzales Crams for a Senate Grilling": Michael Isikoff will have this Periscope item in the April 16, 2007 issue of Newsweek. Today's broadcast of NPR's "Weekend Edition Sunday" contained an audio segment entitled "Senate to Seek More Info on Attorney Firings" (RealPlayer required). The New York Times reports today that "Attorney Inquiry Touches a Pillar of New Mexico." And in the April 16, 2007 issue of U.S. News & World Report, Harold Evans will have an essay entitled "How Gonzales Failed Us." "Report: Gitmo Prisoner Can't Sell Story." The Associated Press provides this coverage. Posted at 11:10 AM by Howard Bashman "Police blotter: No privacy in home PC brought to work; Appeals court rules police don't need a warrant to search personally owned computer a manager brought to work." Declan McCullagh has this article at c|net News.com. My earlier coverage of the Tenth Circuit's recent ruling can be accessed here. "AFP, Google News settle lawsuit over Google News": Reuters provides this report. And Financial Times reports that "AFP and Google settle lawsuit." "Justice on the Cheap": The New York Times today contains an editorial that begins, "The pittance that Americans pay their judges has become such a scandal that Chief Justice John Roberts has called it a constitutional crisis." Posted at 10:40 AM by Howard Bashman "For the Chief Justice, a Dissent and a Line in the Sand": Linda Greenhouse has this article today in the Week in Review section of The New York Times. I discussed some of these same themes in the February 20, 2007 installment of my "On Appeal" column for law.com, headlined "The Chief Justice's Quest for Less Fractured Supreme Court Rulings." Saturday, April 07, 2007 "No justice at Guantanamo: Congress should change rules it wrote that deprive detainees of legal rights." This editorial appears today in Newsday. The St. Petersburg Times today contains an editorial entitled "Gates is right: Shut this prison." And The Boston Globe contains an editorial entitled "Fundamental rights." "Justices shift with society, but will justice?" Today in The Contra Costa Times, Shahid Buttar has an op-ed that begins, "Among the defining elements of the Supreme Court under the leadership of Chief Justice John Roberts is the willingness of its justices to speak their minds in the court of public opinion." Posted at 11:27 PM by Howard Bashman Available at the blog "Eminent Domain": A post titled "Seventh Circuit Judicial Conference" notes that I'll be one of the speakers at next month's program in Milwaukee. In reviewing the list of other speakers, it quickly becomes clear that the program would be quite worth attending even if I wasn't participating. And a post titled "Greenburg on Bush v Gore and Justice Thomas" provides access to Jan Crawford Greenburg on video via YouTube, from Jan's recent book tour. Need I say more? "En banc review sought on 2d Amendment case": Lyle Denniston has this post at "SCOTUSblog." The post reports that the District of Columbia will file a petition for rehearing en banc on Monday asking the full D.C. Circuit to rehear a divided three-judge panel's recent decision invalidating a D.C. gun control law under the Second Amendment. My initial coverage of that ruling can be accessed here. More recently, an installment of my "On Appeal" column for law.com was headlined "State of the Second Amendment: Does It Apply in the District of Columbia?" "What the Hecht? Texas Supreme Court justice should recuse himself when a litigant helped pay the jurist's legal bills." This editorial appears today in The Houston Chronicle. Posted at 08:20 PM by Howard Bashman "Harvard Re-Examines Dred Scott Decision": The Associated Press provides this report. Posted at 08:12 PM by Howard Bashman "Court rules Imperial Valley canal to be lined; The project will decrease seepage of Colorado River water flowing to San Diego County": This article appears today in The Los Angeles Times reporting on a decision that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. And Reuters reports that "Court backs canal expansion in U.S-Mexico dispute." "Laptops vs. Learning": Law Professor David Cole has this op-ed today in The Washington Post explaining why he has banned laptops from his classroom. Posted at 05:27 PM by Howard Bashman "U.S. Citizen Sentenced to Death in Iraq Loses Appeal": The Washington Post today contains an article that begins, "A federal appeals court in Washington ruled yesterday that U.S. courts do not have jurisdiction to intervene in the case of a U.S. citizen who was convicted of kidnapping and sentenced to death in an Iraqi criminal court, deciding that prior case law prevents the judges from hearing a petition challenging his detention." My earlier coverage of yesterday's D.C. Circuit ruling appears at this link. "Justice Kennedy Casts Deciding Votes": The Associated Press provides this report. Posted at 05:07 PM by Howard Bashman "A Chance to Be Heard": The New York Times today contains an editorial that begins, "Jack Cline, an Alabama industrial chemist, was exposed to benzene on the job and developed leukemia. When Mr. Cline tried to sue, he ran into a surreal glitch in Alabama law: any time he filed his lawsuit would have been either too early or too late. Mr. Cline's widow, Martha Jane Cline, is asking the United States Supreme Court to review the case. The court should grant review, and rule that Alabama's laws violate the Constitution." The U.S. Supreme Court's docket entries in the case can be viewed at this link. Thursday's issue of The Anniston Star reported that "Palmer asks Supreme Court to hear appeal in toxins case." The Mobile Press-Register reports today that "Lawyers for Alabama man, who blamed chemical for leukemia that caused his death, take case to U.S. Supreme Court." In January 2007, The Associated Press reported that "Man dies after long court fight over chemical contamination." And The Decatur Daily, in January 2007, published an editorial entitled "Ill chemist died without having his day in court." Finally, the "Jere Beasley Report" provides a post titled "A Terrible Opinion from the Alabama Supreme Court." "Counselor To Gonzales Announces Resignation; Goodling Had Refused to Testify on Prosecutor Firings": This front page article appears today in The Washington Post. The New York Times reports today that "A Top Aide to Gonzales Resigns, Becoming Latest Fallout Casualty." And The Los Angeles Times reports that "Another key Gonzales advisor resigns; Monica Goodling, senior counsel to the attorney general, had declined to testify about the firings of 8 federal prosecutors." "Roberts and U.K. judge will visit; The U.S. chief justice and his British counterpart plan to stop by Jamestown for a ceremony next week": The Daily Press of Hampton Roads, Virginia contains this article today. Posted at 10:54 AM by Howard Bashman "Alito visits Duquesne": This article appeared Wednesday in The Beaver County (Pa.) Times. Posted at 10:52 AM by Howard Bashman "Built to Last: A new book on the Supreme Court underscores the lasting importance of the Roberts and Alito appointments in shifting the Court rightward." Online at The American Prospect, Scott Lemieux has this review of Jan Crawford Greenburg's book, "Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court." Posted at 10:45 AM by Howard Bashman "Color-blind at Beverly Hills High: What Beverly Hills High School's program can teach the justices of the U.S. Supreme Court." This editorial appears today in The Los Angeles Times. Posted at 10:33 AM by Howard Bashman "Castille releases letter assailing critic of Pa. court": The Philadelphia Inquirer on Thursday published an article that begins, "State Supreme Court Justice Ronald D. Castille has released a letter he wrote last month lambasting a vocal critic of his court, and says he may yet pursue disciplinary action against that critic." And a related editorial also published that day was headlined "Mr. Justice: Remember free speech." You can view the letter at this link. "Justice Thomas low-profile in visit; Member of U.S. Supreme Court chats with U. students, faculty": This article appeared Thursday in The Salt Lake Tribune. Thursday's edition of The Deseret Morning News reported that "Thomas speaks of his 'overcoming.'" And Thursday's issue of The Daily Utah Chronicle reported that "Justice Thomas visits campus; Law school keeps events low-profile, bars public." "Fast track to making mistakes": Columnist Ellen Goodman had this op-ed yesterday in The Boston Globe. Therein, Goodman writes, "A few weeks ago, a Supreme Court reporter noticed that Justice Ruth Bader Ginsburg took an unusually long time getting on her feet after a hearing." Posted at 10:03 AM by Howard Bashman "Political elite turn out for dedication; Dick Thornburgh, his room draw senator, justice to Pitt": This article appeared yesterday in The Pittsburgh Post-Gazette. And yesterday's issue of The Pittsburgh Tribune-Review reported that "Ex-governor presides over Pitt library dedication." "The Drifters: U.S. Supreme Court Justices may come to the bench with an ideological point of view, but it changes." Reynolds Holding has this essay in the April 16, 2007 issue of Time magazine. Posted at 09:52 AM by Howard Bashman "Who's the Boss?: How Pat Robertson's law school is changing America." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 09:48 AM by Howard Bashman Friday, April 06, 2007 Available online from law.com: An article reports that "Fees Still Possible in Absence of Retainer Letter, N.Y. Appellate Panel Says." And the brand new installment of my "On Appeal" column is headlined "May the Best Appellate Lawyer Win, Unless the Facts or Law Dictate Otherwise." Therein, I discuss an article that is the subject of a "SCOTUSblog" post titled "The Influence of Oral Arguments." "Ex-state official freed; Judge calls evidence she steered travel contract 'beyond thin'": The Milwaukee Journal Sentinel today contains an article that begins, "Federal judges Thursday ruled that former state purchasing supervisor Georgia L. Thompson was wrongly convicted of making sure a state travel contract went to a firm linked to Gov. Jim Doyle's re-election campaign and freed her from an Illinois prison. The three-judge panel in Chicago acted with unusual speed, ruling after oral arguments by Thompson's attorney and the U.S. attorney's office." The Capital Times of Madison, Wisconsin today contains an article headlined "Thompson freed; judge chides prosecutors; Doyle taint lifted?" And The Wisconsin State Journal reports that "Georgia Thompson acquitted, set free." My earlier coverage appears at this link. "High Court, U.N. Weigh In on Climate Change": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 08:30 PM by Howard Bashman "Top Gonzales Aide Monica Goodling Resigns": The Washington Post provides this news update. And McClatchy Newspapers report that "Top Gonzales aide resigns after refusing to testify." The U.S. Court of Appeals for the Second Circuit announces its new Clerk of Court: You can view the press release by clicking here. Posted at 07:58 PM by Howard Bashman "Gonzales aide Goodling to resign; Had said she would invoke 5th Amendment if called before Congress": Pete Williams of NBC News provides this written report. And The Associated Press reports that "Gonzales Aide Goodling Resigns." "Sandra Day O'Connor Says Affirmative Action Faces Uncertain Future": The "Daily News Blog" of the Chronicle of Higher Education today provides a post that begins, "Sandra Day O’Connor, the retired associate justice of the U.S. Supreme Court and author of the majority opinion in a landmark 2003 decision upholding the legality of race-conscious college admissions, acknowledged in a speech today that she is not confident the court had preserved affirmative action in higher education for much longer." Yesterday, The SMU Daily Campus contained an article headlined "Former justice visits law school; O'Connor describes proposed Web site." In other coverage, The Associated Press reported that "O'Connor says she's concerned about attacks on judges." And Washington City Paper provides this write-up of an exhibition at the Smithsonian's National Portrait Gallery titled "Portraits of Sandra Day O'Connor." You can view a slideshow featuring some of the portraits by clicking here. "Monica Goodling and the Gonzales Debate": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:45 PM by Howard Bashman "Technicality leads Eleventh Circuit to require 5-year mandatory for veteran": The "Sentencing Law and Policy" blog provides this post about a decision that the U.S. Court of Appeals for the Eleventh Circuit issued today. The opinion even mentions that blog's author. For what it's worth, I think that the Eleventh Circuit's decision reaches the legally correct, albeit an undeniably harsh, result. Posted at 03:28 PM by Howard Bashman First Circuit reinstates RLUIPA claim of Rhode Island inmate prohibited from preaching to his fellow inmates: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. Posted at 03:18 PM by Howard Bashman "Castille v. Ledewitz: The Full Text of the Letter." Hank Grezlak has this post at "The Legal Intelligencer Blog." My earlier coverage appears here and here. Posted at 03:10 PM by Howard Bashman "U.S. citizens held abroad and the Hirota ruling": Lyle Denniston has this post today at "SCOTUSblog." And The AP reports that "Court Avoids Iraq Kidnapping Case." My earlier coverage of today's D.C. Circuit ruling can be accessed here. "City Asks Court to Quit Abu-Jamal Case": The Associated Press provides a report that begins, "Prosecutors want the entire 3rd U.S. Circuit Court of Appeals to recuse itself from the latest appeal for death-row inmate Mumia Abu-Jamal because Gov. Ed Rendell - whose wife serves on the court - was district attorney during his trial." And yesterday in The Philadelphia Daily News, columnist Michael Smerconish had an op-ed entitled "Clearing the court for Mumia's last stand." En banc Ninth Circuit votes to get in on the monkey business: Back on November 22, 2006, I had a post titled "Divided three-judge Ninth Circuit panel reinstates challenge to the USDA's decision not to adopt a Draft Policy providing guidance to zoos and research facilities on how to ensure the psychological well-being of nonhuman primates in order to comply with the federal Animal Welfare Act." My post reported on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit had issued that day. I concluded that post by writing, "At first glance, this case appears to be a strong candidate for rehearing en banc." The full Ninth Circuit appears to have agreed, as today that court issued an order granting rehearing en banc in the case. "High court's action sought; Plaintiffs ask justices to reverse appeals ruling in Enron lawsuit": Today's issue of The Houston Chronicle contains an article that begins, "Plaintiffs in a $40 billion Enron shareholder lawsuit on Thursday asked the Supreme Court to reverse an appeals ruling that sapped the litigation's strength. In a court filing, lawyers for the lead plaintiff in the litigation, the Regents of the University of California, called the appeals March appeals ruling 'an injustice to the victims of the Enron fraud.'" WSJ.com's "Law Blog" yesterday posted the cert. petition at this link. "Reinventing Appellate Jurisdiction": Law Professor Adam N. Steinman has posted this article (abstract with link for download) online at SSRN. The article's abstract begins, "Appellate jurisdiction in the federal system is a mess. The current regime has been properly criticized for both its doctrinal incoherence and its procedural complexity, and the Supreme Court has failed to address these problems despite a consistent diet of cases raising issues of appellate jurisdiction." Posted at 11:08 AM by Howard Bashman "Hardiman newest judge on federal appeals court": This article appears today in The Pittsburgh Post-Gazette. Posted at 11:00 AM by Howard Bashman "In a show-up during a Terry stop, the Fourth Amendment permits police officers to reasonably maneuver a suspect's outer clothing -- such as unzipping an outer jacket so a witness can see the suspect's clothing -- when taking that step could assist a witness’s identification." So holds the majority on a divided three-judge D.C. Circuit panel in an interesting Fourth Amendment ruling issued today. The facts of the case are as follows. In the aftermath of a bank robbery, the police stopped a man on the street who resembled the description of the perpetrator. The police then brought a witness to the scene. At that point, according to the majority opinion, "The officers unzipped Askew's outer jacket during the show-up so that the victim could see Askew's clothing -- that step, the police believed, could assist the witness's identification. Unzipping the outer jacket ultimately led the officers to discover that Askew was illegally carrying a gun." The majority, in an opinion by Circuit Judge Brett M. Kavanaugh in which Circuit Judge David B. Sentelle joined, holds that "the police during a Terry show-up may reasonably maneuver a suspect's outer clothing (such as unzipping an outer jacket so a witness can see the suspect's clothing) when taking that step could assist a witness's identification." Senior Circuit Judge Harry T. Edwards dissents from the ruling. His lengthy dissenting opinion begins: "This appeal is about a citizen's right to enforce Fourth Amendment protections against unlawful searches of his person. The case is important, because, as is clear from the argument presented to this court, the Government seeks to wreak havoc with the law under the Fourth Amendment. The majority holds that, following a Terry stop and a protective pat down that produces nothing, police officers may -- without probable cause or a warrant -- search a suspect, not for self-protection, but solely to facilitate an 'investigation.' Because this holding reflects an extraordinary departure from well-established Supreme Court precedent, I respectfully dissent." Partially divided three-judge D.C. Circuit panel holds that federal district court lacks jurisdiction to entertain habeas petition filed by U.S. citizen sentenced to death in Iraqi court who is being held in Iraq by United States military personnel serving as part of the Multi-National Force-Iraq: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. The ruling comes in the case of Mohammad Munaf. Circuit Judge David B. Sentelle issued today's majority opinion, in which Circuit Judge Brett M. Kavanaugh joined. Circuit Judge A. Raymond Randolph issued an opinion concurring in the judgment. In Judge Randoph's view, federal courts possess habeas jurisdiction but Munaf should lose his challenge on the merits. His opinion concurring in the judgment begins, "I believe the district court had jurisdiction over Munaf's habeas corpus petition. The critical considerations are that Munaf is an American citizen and that he is held by American forces overseas." At "SCOTUSblog," Lyle Denniston has previously provided coverage of this case in posts titled "Chief weighs fate of citizen in Iraq"; "Analysis: Can U.S. courts reach overseas?"; and "Citizen plea denied by Court." "Girls Gone Wild" versus federal district judge gone wild? The Associated Press provides a report headlined "Video Defendant: Judge Has Gone Wild." Posted at 10:00 AM by Howard Bashman "Tobacco firms fail to block B.C. suit": The Toronto Globe and Mail today contains an article that begins, "The Supreme Court of Canada has refused to hear an appeal from a group of foreign tobacco companies attempting to block a billion-dollar lawsuit launched by the British Columbia government to recover health-care costs." And The Associated Press reports that "Canadian Court Rejects Tobacco Appeal." "Judiciary Panel Quizzes Judge; Chief Justice Nominee's Performance Draws Praise": Lynne Tuohy has this article today in The Hartford Courant. Posted at 08:32 AM by Howard Bashman "Judge can seal names of jurors, SJC rules": The Boston Globe today contains an article that begins, "The Supreme Judicial Court ruled yesterday that a judge had the right to keep secret the names of jurors in a gang-related murder trial because of fear of reprisals from gang members." And The Standard-Times of New Bedford, Massachusetts reports that "SJC denies Standard-Times' motion in jury case." You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link. "Still no ruling on use of new drunken-driving test; State and defense attorneys at odds over need to review Alcotest software": The Newark (N.J.) Star-Ledger today contains an article that begins, "The state yesterday urged the Supreme Court to authorize the use of a new computerized device in drunken-driving cases despite calls for further testing." And The Associated Press reports that "N.J. Court Examines Breath Test Machines." "Panel Seeks Written Account From Gonzales": This article appears today in The New York Times. The Washington Post reports today that "Justice Department In New Fight Over Papers on Firings." And The Associated Press reports that "Democrats Delay Gonzales Testimony." "Giuliani Reaffirms That He Would Not Seek Abortion Changes": Today's edition of The New York Times contains an article that begins, "Rudolph W. Giuliani, campaigning in South Carolina, firmly stated that as president he would not seek to make abortion illegal. Aware of the damage his position might do to him among some conservative voters, Mr. Giuliani said that if someone was inclined to vote against him solely because of his stance on abortion, then so be it." Posted at 08:07 AM by Howard Bashman "Guantanamo Follies": The New York Times today contains an editorial that begins, "There has been much speculation about the Supreme Court's decision not to hear an appeal from a group of Guantanamo Bay inmates until they have exhausted their legal options." Posted at 08:04 AM by Howard Bashman "How Sweet It Isn't: Maker of Equal Says Ads For J&J's Splenda Misled; Chemistry Lesson for Jurors." This article (free access) appears today in The Wall Street Journal. And The New York Times reports today that "Makers of Artificial Sweeteners Go to Court." My earlier mentions of this lawsuit appeared here and here. "Judging the Bush Legacy: Past court battles, and what's to come." Columnist Kimberley A. Strassel has this op-ed (free access) today in The Wall Street Journal. Posted at 07:55 AM by Howard Bashman "Discrimination lawsuit is revived against Dillard's; Appeals court reverses ruling in case alleging store clerk uttered racial slur to shoppers": The Kansas City Star contains this article today. And The Associated Press provides a report headlined "Court: Pair May Take Dillard's to Court." My earlier coverage of yesterday's Eighth Circuit ruling appears at this link. Thursday, April 05, 2007 "Scalia at Stetson praises original intent view of Constitution": This article appears today in The St. Petersburg Times. Posted at 11:55 PM by Howard Bashman "Born To The Bench; Chief Justice Nominee Called A Natural To Take Charge Of Judicial Branch": Lynne Tuohy has this article today in The Hartford Courant. And this evening, Tuohy had a news update headlined "Chief Justice Nominee's Hearing Begins." "A Tale of Two Guantanamo Sentences": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." And The Los Angeles Times today contains an article headlined "Release of 'American Taliban' is urged; John Walker Lindh's parents contrast his five years in prison with the 9-month sentence recently given a Guantanamo detainee." "Supreme Court: More Scrutiny Required in Whistleblower Claims; Recent ruling could lead to fewer recoveries for whistleblowers." Marcia Coyle has this article online at law.com. Posted at 10:45 PM by Howard Bashman "Georgia Thompson's conviction reversed": The Milwaukee Journal Sentinel provides a news update that begins, "The U.S. Court of Appeals for the 7th Circuit has reversed the convictions of Georgia Thompson and ordered her released from prison, according to the U.S. Attorney's office in Milwaukee. Thompson, a former state purchasing employee, was convicted of steering a travel contract to a company whose executives had given the campaign of Gov. Jim Doyle large contributions." And The Wisconsin State Journal provides a news update that begins, "Appeals court tosses out 'Travelgate' conviction linked to Doyle -- evidence called 'thin,' charges unfounded." The Seventh Circuit's reversal with instructions to enter a judgment of acquittal came today just hours after this morning's oral argument. You can access the Seventh Circuit's order both here and here. You can download today's oral argument audio via this link (mp3 file). The trial court's order releasing the defendant from prison can be accessed here. Also available online are press releases from the U.S. Attorney's Office, the defendant's attorney, and the Governor of Wisconsin. "Is Crawford, the Indiana Voter Identification Case, Likely to Be Heard by the Supreme Court?" Law Professor Rick Hasen has this interesting post at his "Election Law" blog. Posted at 08:54 PM by Howard Bashman "Senior justice has a leading role at pivotal juncture; Stevens leads liberal bloc that faces re-energized conservatives; He has prevailed in recent rulings, working closely with swing vote Kennedy": Joan Biskupic has this article today in USA Today. Posted at 08:37 PM by Howard Bashman Atlanta Braves 8, Philadelphia Phillies 4: After losing the first two games of the new season to the Braves in extra innings, the Phillies managed to lose more efficiently today, without any need for extra frames. The weather was bitterly cold and windy, and snow flurries were falling throughout much of the game. The Phillies had twelve hits -- three more than the Braves -- but those hits only managed to produce a total of two runs. The other two runs that the Phillies scored came in the ninth inning, without any hits from the Phillies, when the bullpen for the Braves allowed five walks. The Phillies are now heading to south Florida, where they will have a three-game weekend series against the Marlins. Perhaps the warmer weather there will awaken the Phillies bats. Or perhaps another forgettable April will once again create a substantial obstacle to making the playoffs come October. Today's box score can be accessed at this link, while wraps are available here and here. Programming note: Despite the cold weather, my son and I will be attending this afternoon's baseball game between the Philadelphia Phillies and the Atlanta Braves at Citizens Bank Park. Today, our seats are located in this section. You can view previews of the game here and here. Posted at 12:35 PM by Howard Bashman Over the dissent of four judges, the U.S. Court of Appeals for the Seventh Circuit denies rehearing en banc of divided three-judge panel ruling that rejected challenge to Indiana's voter ID law: You can access today's order denying rehearing en banc, and the accompanying dissent of Circuit Judge Diane P. Wood, at this link. The original three-judge panel's ruling can be accessed here, while my coverage of that earlier decision appears here and here. Eighth Circuit reinstates African-American couple's federal civil rights lawsuit against retailer Dillard's based on allegation that that they were prevented from closing a purchase by the discriminatory conduct of a Dillard's employee who refused to wait on them and called them a racist epithet: Today's ruling reverses the grant of summary judgment in favor of Dillard's on the couple's claim arising under 42 U.S.C. sec. 1981. Posted at 11:30 AM by Howard Bashman "Allow assisted suicide: California's lawmakers should pass a bill to give the terminally ill control over their lives." This editorial appears today in The Los Angeles Times. Posted at 11:23 AM by Howard Bashman Details on how to attend this year's Eleventh Circuit Judicial Conference: Looks kinda secretive, as details on the program, occurring next month in Atlanta, are only being provided via return mail. By contrast, the Seventh Circuit's Judicial Conference, occuring next month in Milwaukee, puts its detailed program out there for all to see. Posted at 11:18 AM by Howard Bashman "The real crime in the David Hicks case: Any legal system in which a supposed deadly terrorist goes free by admitting his crime is a disgrace." Ben Wizner has this op-ed today in The Los Angeles Times. Posted at 09:15 AM by Howard Bashman "Gonzales Prepares to Fight for His Job in Testimony": This front page article appears today in The Washington Post. And The Los Angeles Times today contains an editorial entitled "Compromise on White House testimony: The administration should listen to the Democrats' proposed rules on White House officials speaking before Congress on the U.S. attorney firings." "A journalist in his own mind": Today in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed that begins, "There is an old journalist's saw that says you shouldn't let the facts get in the way of a good story. No wonder newspapers, including The Chronicle, have referred to blogger Josh Wolf, 24, as 'the longest imprisoned journalist' in America. There is, after all, nothing more seductive to those in this profession than a story about a plucky journalist who stands up to authoritarian power and goes to jail to preserve his right to protect his sources. So who cares if Wolf is not a journalist?" And online at the First Amendment Center, Gene Policinski has an essay entitled "Now-freed Josh Wolf went to jail ... why?" "Unusual Allies in a Legal Battle Over Texas Drivers' Gun Rights": This article appears today in The New York Times. Posted at 08:55 AM by Howard Bashman "Justices ponder city's pit bull law; Case arises from Toledo, state limits on owning vicious dogs": The Toledo Blade contains this article today. And The Columbus (Ohio) Dispatch reports today that "State justices consider limits on pit bulls." You can view online yesterday's oral argument before the Supreme Court of Ohio by clicking here (RealPlayer required). "Koh considered likely candidate for Court": This article, part two of a two-part profile, appears today in The Yale Daily News. The article begins, "The first-ever Asian-American Supreme Court justice -- still several years away from his nomination -- may be sitting today in the dean's office of Yale Law School. At Washington, D.C., cocktail hours, on the pages of the New York Times, in the minds of his students and colleagues, Law School Dean Harold Hongju Koh is perhaps more well-positioned than most other legal-minded liberals to one day sit on the highest court in the land." Posted at 07:54 AM by Howard Bashman "Court: Scout Jamboree May Receive Federal Help." Josh Gerstein has this article today in The New York Sun. The Richmond Times-Dispatch reports today that "Ruling lets jamboree stay at A.P. Hill; ACLU ponders next move; plaintiffs argued event was equal to endorsing a religion." And The Free Lance-Star of Fredericksburg, Virginia reports that "Jamboree suit fails on appeal; Federal Appeals Court reverses ban on government funding for the National Scout Jamboree." My earlier coverage of yesterday's Seventh Circuit ruling can be accessed here. "Justice Alito honored at Duquesne U.; Worked with the late Judge Mansmann": This article appears today in The Pittsburgh Post-Gazette. And The Pittsburgh Tribune-Review reports today that "Alito gets award in Pittsburgh named for friend." Wednesday, April 04, 2007 "Court: Pentagon Can Fund Scout Jamboree." The Associated Press provides this report. My earlier coverage appears at this link. Posted at 11:05 PM by Howard Bashman "Supreme court justice Alito honored for public service": The Associated Press provides this report from Pittsburgh. Posted at 09:22 PM by Howard Bashman In Thursday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "White House expected to feel the heat from Supreme Court's ruling on global warming; The high court rules that the EPA does has the authority to regulate carbon dioxide emissions" and "Firing of US attorneys puts new focus on voter fraud; From 2002 to 2006, the Justice Department has prosecuted some 120 cases and won at least 86 convictions for vote-buying and other election-related crimes." Posted at 09:10 PM by Howard Bashman Second Circuit rejects contention that the federal Justice For All Act of 2004, requiring DNA collection from federal offenders convicted of any felony, violates the Fourth Amendment when applied to individuals convicted of nonviolent crimes who were sentenced only to probation: Circuit Judge Guido Calabresi issued this decision today on behalf of a unanimous three-judge panel. Posted at 02:50 PM by Howard Bashman "Court: 2010 Jamboree can go forward." The blawg of the Boy Scouts of America provides this post about today's Seventh Circuit ruling, which I earlier noted here. Posted at 02:44 PM by Howard Bashman Available online at Reason: Jacob Sullum has an essay entitled "Lollipop Lickers: The fight against marijuana-flavored candy is a fight against pro-drug speech." And Jonathan Rauch has an essay entitled "Pardon Libby? Maybe, but Not Alone; Why David Henson McNab deserves clemency." "Hot Times in the High Court: Ruling could drive climate-change policy for years to come." Jonathan H. Adler has this essay at National Review Online. Posted at 02:30 PM by Howard Bashman "Attorneygate in Guam": Ari Berman will have this essay in the April 16, 2007 issue of The Nation. Posted at 02:28 PM by Howard Bashman Unanimous three-judge Seventh Circuit panel holds that plaintiff taxpayers lack standing to challenge the Boy Scout Jamboree statute, 10 U.S.C. sec. 2554: As the majority opinion explains, the statute at issue "requires the United States military to assist the Boy Scouts of America organization with its Jamboree, a national event held every four years." The majority opinion further explains that the plaintiffs "sued the Secretary of Defense claiming that the Jamboree statute violates the Establishment Clause because it requires the government to support an organization--BSA--that conditions membership upon a belief in God and thus that excludes believers in religions that are not based on one or more Deities, agnostics, and atheists." Today's ruling reverses, for lack of plaintiffs' standing to sue, a federal district court decision holding that the Boy Scouts of America is a religious organization and that the direct public subsidy of the Jamborees violated the Establishment Clause. Circuit Judge Diane P. Wood wrote the majority opinion, in which Senior Circuit Judge William J. Bauer joined. Circuit Judge Diane S. Sykes issued a separate concurring opinion. "Builder's PAC aided judge; Justice says help needed for his legal bills even as firm's appeal neared": The Dallas Morning News today contains an article that begins, "A political committee funded by homebuilder Bob Perry contributed $16,000 to help Supreme Court Justice Nathan Hecht pay his legal bills as the court was preparing to hear arguments in a case against the company." Posted at 12:00 PM by Howard Bashman U.S. Court of Appeals for the Sixth Circuit heard oral argument in a death penalty appeal yesterday at the Moritz College of Law of The Ohio State University: A press release that the law school issued, linking to online copies of the appellate briefs, can be accessed here. You can view an archived webcast of the oral argument by clicking here (RealPlayer required). The three-judge Sixth Circuit panel consisted of Circuit Judges Boyce F. Martin, Jr., R. Guy Cole, and Jeffrey S. Sutton. "Wooing Kennedy on Warming": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 11:44 AM by Howard Bashman "Women and the Law: Supreme Court Justice Ruth Bader Ginsburg speaks about women and the law at the Bar Association of New York City, New York; Following her comments, she introduces a panel of women who are chief justices on state Supreme Courts; Panelists include Chief Justices from Wisconsin, Utah, New York State, and Massachusetts." You can access this past Saturday's broadcast of C-SPAN's "America & the Courts" program by clicking here (RealPlayer required). Posted at 11:35 AM by Howard Bashman "Standoff over Video Ends with Blogger's Release": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 11:30 AM by Howard Bashman "Ziegler wins court seat; Expensive race ends with decisive victory": The Milwaukee Journal Sentinel today contains an article that begins, "Washington County Circuit Judge Annette Ziegler won a seat Tuesday on the state Supreme Court by a wide margin, besting Madison attorney Linda Clifford in the most expensive high-court race in state history." The Wisconsin State Journal reports today that "Ziegler wins bitter race; Clifford dominates Dane County." And The Capital Times of Madison contains an article headlined "Ziegler: 'Voters made clear that they reject negative campaigns.'" Correction -- "Vicious dog" case being argued today in the Supreme Court of Ohio: My earlier post erroneously stated that the oral argument would occur on Monday of this week. In fact, it occurs today and is scheduled to get underway around 10 a.m. eastern time. That earlier post provides a link to a live video feed of the oral argument and also to the court's online archive of oral argument videos. Yesterday, The Toledo Blade previewed the oral argument in an article headlined "Pit bull owner takes fight over city dog law to court; Ohio justices to hear challenge of Toledo rule." "Bush agrees with greenhouse gas ruling, sort of; New limits should not slow U.S. economic growth, he says; Boxer responds: 'The president still doesn't get it.'" This article appears today in The Los Angeles Times. And today in The San Francisco Chronicle, Bob Egelko reports that "Automakers call U.S. court ruling a boost; Group facing suit over global warming want case dismissed." "Supreme Court: prisons liable for lewd inmates; The high court let stand Monday a ruling that California officials didn't address sexual harassment." Warren Richey has this article today in The Christian Science Monitor. Posted at 08:05 AM by Howard Bashman "State's top court to hear Raiders suit against NFL; Team says league sabotaged bid to build L.A. stadium": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 08:04 AM by Howard Bashman "Blogger freed after 226 days in prison; Josh Wolf served 226 days for refusing to give authorities footage of a San Francisco protest": The Los Angeles Times contains this article today. Today in The Washington Post, Howard Kurtz reports that "Blogger Makes Deal, Is Released From Jail." And in The San Francisco Chronicle, Bob Egelko and Jim Herron Zamora report that "Blogger freed after giving video to feds." "Taint of terrorism shakes N.C. university; Guantanamo hearing and 9/11 confession again spotlight A&T's most infamous alum": This article appears today in The Chicago Tribune. And for those wondering who happens to be the most infamous alumnus of North Carolina Agricultural and Technical State University, the article answers Khalid Shaikh Mohammed. Posted at 07:55 AM by Howard Bashman "Justice Dept. official says she won't answer questions; Monica M. Goodling, who played a role in the U.S. attorney firings, refuses to talk to congressional panels": The Los Angeles Times contains this article today. The Washington Post reports today that "House Democrats Seek to Question Gonzales Aide About Fired Prosecutors." And The Washington Times reports that "House GOP skeptical of Gonzales." "Parents sue to get student reinstated; The senior was suspended for six days and transferred after he mooned a teacher": This article appears today in The St. Petersburg Times. Posted at 07:40 AM by Howard Bashman "Union dues and free speech": Timothy Sandefur has this op-ed today in The Washington Times. Posted at 07:38 AM by Howard Bashman "At Law School, Koh is liberal lion": This article, part one of a two-part profile, appears today in The Yale Daily News. Posted at 07:35 AM by Howard Bashman "One of the greatest rulings on earth": Columnist Derrick Z. Jackson has this op-ed today in The Boston Globe. Posted at 07:30 AM by Howard Bashman Editorials contained in today's edition of The Washington Post: The newspaper contains editorials entitled "Spectacle at Guantanamo: The new legal system for holding and trying detainees produces a predictable mess" and "Death Penalty Showdown: Gov. Kaine, not the Virginia legislature, has chosen the right direction." Posted at 07:25 AM by Howard Bashman "Fitzgerald's Cover-Up: It's time to hold the special prosecutor accountable." The Wall Street Journal today contains an editorial (free access) that begins, "For a prosecutor who claims to be a truth-seeker, Patrick Fitzgerald sure can be secretive. Even now that the Scooter Libby trial is over and his 'leak' investigation is all but closed, the unaccountable special counsel wants to keep his arguments for creating a Constitutional showdown over reporters and their sources under lock and key. Mr. Fitzgerald is fighting release of the affidavits he filed with the D.C. Circuit Court of Appeals to justify compelling two reporters to testify about their conversations with Mr. Libby, and to throw one of them in jail for 85 days until she did so. Also under court seal are eight pages of a redacted 2005 D.C. Circuit opinion by Judge David Tatel that explained the court's decision to support Mr. Fitzgerald's pursuit of the reporters." Posted at 07:10 AM by Howard Bashman The New York Sun is reporting: In today's newspaper, Joseph Goldstein reports that "Effort Is Afoot To Resume N.Y. Death Penalty." And Josh Gerstein reports that "Judge Urges Hatfill To Compel Outing of Sources." Local government employee in Oklahoma who brought his personal computer into work and joined the machine with the office computer network loses Fourth Amendment challenge to conviction for possession for child pornography found on that personal computer: Circuit Judge Michael W. McConnell yesterday issued this decision on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit. The court's opinion concludes, "Mr. Barrows voluntarily moved his personal computer into a public space and took no measures to protect its contents from public inspection. Consequently, he did not enjoy a reasonable expectation of privacy and Officer McQuown's search worked no Fourth Amendment violation." Posted at 06:50 AM by Howard Bashman Tuesday, April 03, 2007 "Court to hear case on executions today: Suit challenges doctors' roles in lethal injections." This article appears today in The Atlanta Journal-Constitution. Posted at 11:58 PM by Howard Bashman "Fewer Cases Cite Harvard Law Review": The Harvard Crimson today contains an article that begins, "Harvard Law School may dominate the Supreme Court with five alums on the bench, but a new study suggests Harvard is losing its grip on one corner of the legal establishment. The Harvard Law Review is cited less and less in decisions by federal courts, in keeping with a trend across several major law reviews, according to a study published last month by staff at the Cardozo Law Review of Yeshiva University." Posted at 11:53 PM by Howard Bashman "Judge rules fired Zamboni driver can't be charged with DWI": The Newark (N.J.) Star-Ledger contains this article today. And The Associated Press provides a report headlined "N.J. Judge: No Such Thing As Zamboni DWI." "Relatives of Interned Japanese-Americans Side With Muslims": This article appears today in The New York Times. Posted at 11:33 PM by Howard Bashman In Wednesday's edition of The New York Times: An article headlined "Bush Splits With Congress and States on Emissions" begins, "A day after the Supreme Court ruled that the federal government had the authority to regulate heat-trapping gases, President Bush said he thought that the measures he had taken so far were sufficient." In other news, "8-Month Jail Term Ends as Maker of Video Turns Over a Copy." And an article will report that "Democrats Seek to Interview Gonzales Aide." "Justices Thwart Bush Team on Environmental Policy": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:58 PM by Howard Bashman "Duke Energy loss could cost millions": The Charlotte Observer today contains an article that begins, "A U.S. Supreme Court ruling Monday could mean Duke Energy is subjected to a more expensive interpretation of the Clean Air Act -- potentially costing the company millions to retrofit older plants in the Carolinas with anti-pollution devices." Posted at 10:55 PM by Howard Bashman "The main question presented in these cross-appeals is the contention of the government that John Windell Clay's 60-month sentence for possessing methamphetamine precursors is unreasonably lenient, when the advisory Guidelines range was 188 to 235 months and the variance was based primarily on Clay's postoffense rehabilitation." On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit, Circuit Judge William H. Pryor, Jr. holds that the sentence imposed was not unreasonably lenient in an opinion issued today. At the "Sentencing Law and Policy" blog, Law Professor Douglas A. Berman has this post about the ruling. "Imprisoned freelance journalist released": Bob Egelko and Jim Herron Zamora of The San Francisco Chronicle provide a news update that begins, "Josh Wolf, the blogger whose record 7 1/2 months in federal prison stirred debate about who qualifies as a journalist and what legal protections they should receive, was freed today after releasing video footage sought by prosecutors about an anarchist protest." And David Kravets of The Associated Press reports that "Journalist Jailed for Record Time Freed." "Supreme Court refuses to hear Guantanamo detainees' case -- for now; The justices vote 6-3 against hearing prisoners' claim that they are being denied the right to habeas corpus that is protected by the Constitution": David G. Savage has this article today in The Los Angeles Times. In USA Today, Joan Biskupic reports today that "Justices reject appeals at Guantanamo -- for now; Majority signal court may intervene later." And The Washington Times reports that "High court rejects challenge of detainees at Guantanamo." "Justices push EPA to act on car emissions; The court ruling scolds the Bush administration for refusing to regulate greenhouse gases as air pollutants": David G. Savage has this article today in The Los Angeles Times. A related article is headlined "Emissions law could still face hurdles; Despite a favorable Supreme Court ruling, another suit, the EPA or Congress could still stymie state legislation." And an editorial is entitled "Supreme Court clears the air: The high court ruled in favor of California and 11 other states on limiting greenhouse-gas emissions." In USA Today, Joan Biskupic reports today that "Stricter emission limits get a boost; EPA has regulatory power over greenhouse gases, Supreme Court ruling says." The Boston Globe reports that "High court tells EPA to rethink policy on emissions; Mass. led case against agency." And an editorial is entitled "Court tells Bush to cool it." In The San Francisco Chronicle, Bob Egelko reports that "Ruling helps California battle global warming; Supreme Court affirms that states can limit greenhouse gases, attorney general says." The Chicago Tribune contains articles headlined "EPA must regulate greenhouse gases" and "Legislation to curb emissions crowds agendas." The Hartford Courant reports that "Court's Climate Ruling Hailed; May Help States Fight Greenhouse Emissions." The Wall Street Journal reports that "Industries Show Uncertainty Over Ruling's Impact; Some Favor Regulation From Congress, Others From Federal Agencies" (free access). The New York Times contains an editorial entitled "The Court Rules on Warming." And The Washington Post contains an editorial entitled "Regulating Emissions: Cleaner air, compliments of the Supreme Court." "U.S. Stance in Spy Case Sparks Concern in Academia": Josh Gerstein has this article today in The New York Sun. Posted at 07:02 AM by Howard Bashman "The U.S. Court of Appeals for the Eleventh Circuit Undercuts Sexual Harassment Victims' Rights: How the Decision Underlines Problems with the Supreme Court's Approach To Hostile Environment Harassment." Joanna Grossman has this essay online today at FindLaw. Posted at 07:00 AM by Howard Bashman Monday, April 02, 2007 Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Won't Hear Detainees' Appeals" (featuring Nina Totenberg) and "High Court Rebukes EPA on Emissions, Environment." And today's broadcast of "Day to Day" contained an audio segment entitled "High Court Rules Against EPA on Emissions." RealPlayer is required to launch these audio segments. "Supreme Court Says EPA Can Regulate Greenhouse Gases": This segment (transcript with link to audio) featuring Marcia Coyle appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 11:23 PM by Howard Bashman "Court Says EPA Can Regulate Car Emissions": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now." Posted at 11:20 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "High Court Orders EPA to Review Greenhouse-Gas Emissions." Jason McLure and Tony Mauro report that "Supreme Court Won't Hear Guantanamo Detainees' Appeal." And Justin Scheck has a report headlined "Defense Lawyers Dismayed by 9th Circuit Ruling on Willful Ignorance" that begins, "The question of how to determine whether someone knew they were committing a crime has long been an epistemological briar patch. As 9th Circuit Judge Alex Kozinski put it in a Monday opinion, 'we've seen a proliferation of narrow, heavily fact-dependant and at times contradictory opinions that have been difficult for both judges and litigants to navigate.' So, in his majority opinion for a 15-member en banc panel, Kozinski set out to 'clear away the underbrush' surrounding how juries should be told to treat a defendant who claims she didn't know that what she was doing was a crime, even if she probably should have." You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The Associated Press is reporting: Now available online are articles headlined "Supreme Court Won't Take Up Farm Ban" and "Court Rejects Appeal in James Brown Case." Posted at 11:10 PM by Howard Bashman "Little redress in US courts for detainees; The Supreme Court avoided a test of Bush's terror-fighting powers Monday, letting stand a ruling denying Guantanamo detainees access": Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 11:05 PM by Howard Bashman "Supreme Court overturns Duke clean air law ruling": Reuters provides this report. And The Associated Press reports that "Court Boosts Regulators on Power Plants." You can access today's U.S. Supreme Court ruling in Environmental Defense v. Duke Energy Corp., No. 05-848, at this link. "Justices Say E.P.A. Has Power to Act on Harmful Gases": Tuesday in The New York Times, Linda Greenhouse will have an article that begins, "In one of its most important environmental decisions in years, the Supreme Court ruled on Monday that the Environmental Protection Agency has the authority to regulate heat-trapping gases in automobile emissions." Tomorrow's paper will also contain a news analysis headlined "Ruling Undermines Lawsuits Opposing Emissions Controls." Tuesday in The Washington Post, Robert Barnes and Juliet Eilperin will have a front page article headlined "High Court Faults EPA Inaction on Emissions; Critics of Bush Stance on Warming Claim Victory." Tuesday in The Christian Science Monitor, Warren Richey and Brad Knickerbocker will have an article headlined "Supreme Court: EPA must address climate risk; The high court's 5-to-4 ruling Monday rejects the White House's view and hands environmentalists a major victory." David G. Savage of The Los Angeles Times provides a news update headlined "Greenhouse gases subject to regulation, Court rules." James Vicini of Reuters reports that "US court rules against Bush in global warming case." Greg Stohr of Bloomberg News reports that "High Court Tells EPA to Consider Global Warming Steps." And Patti Waldmeir and Edward Luce of Financial Times provide a report headlined "Blow for White House over emissions." You can access at this link today's U.S. Supreme Court ruling in Massachusetts v. EPA, No. 05-1120. "Supreme Court Denies Guantanamo Appeal": Linda Greenhouse will have this article Tuesday in The New York Times. The Washington Post will report on Tuesday that "Justices Won't Hear Detainee Rights Cases -- for Now." James Vicini of Reuters reports that "Top court won't decide Guantanamo prisoner appeal." Greg Stohr of Bloomberg News reports that "Guantanamo Bay Inmate Appeals Rejected by High Court." And CNN.com reports that "Supreme Court rejects appeal by Gitmo prisoners." The order denying certiorari, accompanied by the joint statement respecting the denial of certiorari of Justices John Paul Stevens and Anthony M. Kennedy, can be accessed here. The dissenting opinion of Justice Stephen G. Breyer, in which Justice David H. Souter joined in full and Justice Ruth Bader Ginsburg joined in part, can be accessed here. Atlanta Braves 5, Philadelphia Phillies 3 (10 innings): Strong opening day starts from John Smoltz of the Braves and Brett Myers of the Phillies went to waste as the game was deadlocked at 3-3 once neither starter remained. Despite some tense moments before a sell-out crowd in Philadelphia, the revamped bullpen for the Braves today lived up to its advance billing, holding the Phillies scoreless, while Braves shortstop Edgar Renteria hit his second home run of the day to notch the victory. You can access the box score at this link, while recaps are available here and here. The weather was beautiful, and I had the pleasure of chatting briefly with Phillies Assistant General Manager Ruben Amaro Jr. and his brother Dave while the Phillies held a 3-2 lead. Both Ruben and Dave attended Penn Charter with me many, many years ago, and it was great to see them again. Programming note: Today is opening day for the Philadelphia Phillies, hosting the Atlanta Braves at Citizens Bank Park. My son and I will be viewing the game from this location. Additional posts, including a game recap, will appear online here tonight. BREAKING NEWS -- "Court: Feds Can Regulate Car Emissions": The Associated Press provides a report that begins, "The Supreme Court ordered the federal government on Monday to take a fresh look at regulating carbon dioxide emissions from cars, a rebuke to Bush administration policy on global warming." And at "SCOTUSblog," Lyle Denniston has a post titled "EPA must consider global warming again." Lyle reports that the ruling divided the Court 5-4. The opinions that the U.S. Supreme Court issued today in argued cases will be available via this link once the Court posts them online. And the opinions may be available online sooner via "SCOTUSblog," because the Court doesn't mind that a blog is the first free online source for its newly-issued opinions. "Is the Tort System Costing the United States $865 Billion a Year?" Seventh Circuit Judge Richard A. Posner has this post at "The Becker-Posner Blog." And his co-blogger, Gary S. Becker, offers this response. Posted at 10:14 AM by Howard Bashman Joseph Frederick is originally from Texas, where a "Bong Hits 4 Jesus" banner would have bothered no one: Yesterday's issue of The Longview (Tex.) News-Journal contained an article that begins, "Former Henderson resident Joseph Frederick never thought his high school fight for free speech rights would propel him to the national limelight in a case that recently was heard by the U.S. Supreme Court. After leaving Henderson with his family and moving to Alaska while a sophomore in high school, he was looking for a way to capture the attention of news camera crews during a parade in 2002 in which the Olympic torch was passing near his Juneau-Douglas High School." (Via "Religion Clause.") Posted at 10:11 AM by Howard Bashman BREAKING NEWS -- No SCOTUS review of GITMO detainee cases at this time: At "SCOTUSblog," Lyle Denniston has a post titled "Court denies habeas cases" that begins, "The Supreme Court on Monday denied review in two new Guantanamo detainee cases. Three Justices dissented, and two others wrote separately about the denial." It takes a total of four votes to grant review. And The Associated Press reports that "Court Rejects Gitmo Detainees' Appeal." "SCOTUSblog" has posted today's regular Order List at this link. The opinions relating to today's denial of review in the Guantanamo detainees litigation will be available via this link once the U.S. Supreme Court posts them online. "Are State Law, City Ordinance Regulating All Pit Bulls as 'Vicious Dogs' Unconstitutional?" That is the issue in a case to be argued this morning before the Supreme Court of Ohio. The court's summary of the case can be accessed here, while the docket entries providing access to various court filings can be accessed here. The decision under review, which you can view at this link, begins: "This appeal comes to us from a judgment issued by the Toledo Municipal Court, which found state and local 'vicious dog' laws to be constitutional. Because we conclude that the trial court erred as a matter of law, we reverse." You can view today's Ohio Supreme Court oral arguments live, online, via this link. The oral argument in this case is expected to begin around 10 a.m. eastern time. Later, when the oral argument video becomes available from the court's oral argument archive, you will be able to access the video via this link. Correction: Thanks to a reader who emailed to note that the oral argument in this case is scheduled for Wednesday of this week, and not today (Monday). "Dr. Hook: The ouster of eight U.S. attorneys was part of the Bush administration's plan to enhance executive power." Dahlia Lithwick has this essay in the April 2007 issue of The American Lawyer. Posted at 08:07 AM by Howard Bashman "A User's Guide to Law School Supreme Court Clinics": Today's installment of my weekly "On Appeal" essay for law.com can be accessed here. Posted at 08:04 AM by Howard Bashman "Rights for Gitmo detainees: Denying Guantanamo Bay inmates their day in court is a continuing, unnecessary outrage." This editorial appears today in The Los Angeles Times. Posted at 08:00 AM by Howard Bashman "Bush officials want Gonzales' hearing to be sooner; The attorney general is scheduled to appear April 17; The Senate Judiciary Committee's chairman says his panel needs the time": The Los Angeles Times contains this article today. And in somewhat related coverage, The New York Times reports today that "Crime Intensifies Debate Over Taping of Suspects." "Preserving a Free Campus Press: An Illinois law that prevents administrative meddling is an important step forward." This editorial appears today in The Harvard Crimson. Posted at 07:45 AM by Howard Bashman Available online from The New Republic: Benjamin Wittes has an essay entitled "Head Hunt: Obviously, Gonzales should resign; But who should replace him?" And Linda Hirshman has an essay entitled "Holy Orders: 'Don't ask, don't tell' is a strictly Christian policy." Sunday, April 01, 2007 "Adding Method to Judging Mayhem": Adam Liptak will have this "Sidebar" column (TimesSelect temporary pass-through link) in Monday's issue of The New York Times. Posted at 11:04 PM by Howard Bashman "A General Rebellion: Alberto Gonzales has big troubles, but it isn't the current flap that has made him such a controversial figure." The April 9, 2007 issue of U.S. News & World Report will contain this article. Posted at 09:05 PM by Howard Bashman "Prosecutor Posts Go To Bush Insiders; Less Preference Shown for Locals, Senators' Choices": This front page article appears today in The Washington Post, along with an article headlined "2 in N.M. Delegation Feel Heat Over Firings; Ethics Panel Examines Sen. Domenici's Role." The Boston Globe reports today that "Leahy finds chance to fight executive privilege strategy; Long after Nixon, Vt. senator leads effort against Bush." The Los Angeles Times contains an editorial entitled "Gonzales shifts his story: The Attorney General's chief of staff contradicted his boss's account of why and how eight U.S. attorneys were fired." The Chicago Tribune contains an editorial entitled "Gonzales' amnesia." And The New York Times contains an editorial entitled "The Rovian Era." "Nichols' family hopes for plea, life in prison": The Atlanta Journal-Constitution contains this article today. Posted at 08:25 PM by Howard Bashman "Some Bumps at Start of War Tribunals at Guantanamo": This news analysis appears today in The New York Times. The Washington Post reports today that "Australian's Plea Deal Was Negotiated Without Prosecutors." And The Los Angeles Times reports that "Detainee's plea deal angers some legal experts; If Hicks was such a menace, critics argue, why did he get just nine months?" "Legal battle over girls sports seasons might end Monday": The Detroit Free Press contains this article today. Posted at 09:15 AM by Howard Bashman "Supreme Court Justice Puts Hamlet on Trial": This segment (transcript with links to audio and video) appeared on Thursday's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 09:14 AM by Howard Bashman Happy birthday to U.S. Supreme Court Justice Samuel A. Alito, Jr.: According to the popular "Today in History" feature from The Associated Press, today Justice Alito turns 57 years of age. Posted at 09:07 AM by Howard Bashman Saturday, March 31, 2007 "Decision nears for changing athletes' seasons; Supreme Court to look at Michigan case today; rejection would bring new schedules in fall": This article appeared yesterday in The Detroit News. And The Traverse City Record-Eagle reported yesterday that "MHSAA awaits high court ruling; Supreme Court considers season switch appeal." "Eminent domain holdouts sell; Two others still weighing their options": Today's edition of The Cincinnati Enquirer contains an article that begins, "Joy and Carl Gamble Jr. have reluctantly decided to give up plans to move back into the home they spent three years fighting to save from demolition in the landmark Norwood eminent domain battle. Because of serious health concerns, the Gambles have agreed to sell their house in Norwood to Rookwood Partners for $650,000 - or $370,000 more than the value a jury had placed on their property in the early part of the court fight." Posted at 08:25 PM by Howard Bashman "High court won't rule on policy; But another lawsuit planned over county's strip-searches": The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "A court's ruling protecting Minnehaha County's policy of strip-searching juvenile delinquents will stand, but an opposing lawyer said he'll try the case again with hundreds of new plaintiffs. The U.S. Supreme Court said this week it will not hear the case of Jodie Smook, who as a 16-year-old in 1999 was required to strip to her underwear when she was held at the county's juvenile detention center for violating curfew." Posted at 08:22 PM by Howard Bashman "Pa. high court's burden: Bob Brady's case adds another load for a court that has been perceived as playing politics." The Philadelphia Inquirer today contains an article that begins, "The Pennsylvania Supreme Court has long had its issues - tiffs with the legislature, castigation of critics, even the impeachment in the mid-1990s of an errant justice. But perhaps the most enduring issue has been that it has not always been seen as a bastion of political independence. The decision last year to uphold pay raises for judges - while killing the raise for legislators - only fueled its image as a court too caught up in politics." Posted at 08:20 PM by Howard Bashman Boston Red Sox 7, Philadelphia Phillies 5 (preseason): Dice-K was credited with the win (access the box score at this link), giving up three runs over four innings. He appears to have a deceptive mix of pitches, but he wasn't always throwing them with great control. Not sure if he was featuring the gyroball as that's not a pitch description that the scoreboard at Citizens Bank Park features. The first regular season game for the Phillies is on Monday, and my son and I will be there, as noted in this earlier post. Posted at 05:45 PM by Howard Bashman "Australian Critics See Politics in Detainee Deal": The New York Times on Sunday will contain an article that begins, "In Australia, Prime Minister John Howard is facing accusations that the relatively brief sentence and yearlong order of silence on Guantanamo detainee David Hicks resulted from governmental pressure, charges he dismissed as 'absurd.'" Posted at 05:38 PM by Howard Bashman "The Conscience of the Colonel: Lt. Col. Stuart Couch volunteered to prosecute terrorists; Then he decided one had been tortured." Jess Bravin has this front page article (pass-through link) today in The Wall Street Journal. Posted at 05:35 PM by Howard Bashman And speaking of baseball: I was pleased to note that the Milwaukee Brewers will be playing at home during this year's session of the Seventh Circuit's Judicial Conference, at which I will be speaking. Based on the schedule of events, it appears that my best bet is to catch the game on the afternoon of Sunday, May 6, 2007 between the Brewers and the Pittsburgh Pirates. Although I once attended a Brewers game at Milwaukee County Stadium (versus the Atlanta Braves), I have yet to set foot inside Miller Park. "Judge's jury award cut; High court justice gets $3 million less": The Chicago Tribune today contains an article that begins, "Saying a $7 million verdict 'shocks this judicial conscience,' a trial judge Friday lopped $3 million from the amount a jury awarded to a state Supreme Court justice in a defamation case." The Daily Herald of Arlington Heights, Illinois reports today that "Justice's libel award cut in half; Judge says state chief justice got too much money." And The Kane County Chronicle contains an article headlined "Damages drop in libel case." Update: WSJ.com's "Law Blog" has posted the trial court's ruling granting remittitur at this link. "Testimony keeps Gonzales on the defensive; He's asked to clear one of the fired federal prosecutors; Congress interviews a Justice aide": The Los Angeles Times contains this article today. And Law Professor Douglas W. Kmiec has an op-ed entitled "In defense of Alberto Gonzales: When the attorney general testifies before a Senate committee, he'll have precedent and the Constitution on his side." The Boston Globe reports today that "In Hub visit, Gonzales defends dismissals; AG says firings weren't improper." The newspaper also contains an editorial entitled "An enlarging scandal at Justice." And The New York Times contains an editorial entitled "Avoiding Secret Testimony." "Plea deal gets Australian nine months on terror charges; A military jury decided on a seven-year sentence but was preempted": This article appears today in The Los Angeles Times. And in The Miami Herald, Carol Rosenberg has an article headlined "Aussie captive's deal: freedom by year-end; In a surprise deal, an al Qaeda foot soldier from Australia trades silence on any possible Guantanamo abuse for a nine-month prison sentence in his homeland." "Government argues Jefferson raid valid": Today's issue of The Washington Times contains an article that begins, "FBI agents who raided Rep. William J. Jefferson's Capitol Hill offices last year in a bribery investigation did not violate the law when they seized papers and electronic files, the government argued yesterday in documents filed in the U.S. Court of Appeals for the D.C. Circuit." Posted at 08:15 AM by Howard Bashman "Fenty, Groups Rally Against Court Ruling; Leaders, Youth Activists Decry Bid to Weaken Restrictions": The Washington Post today contains an article that begins, "Standing before about three dozen students and young adults, Ron Moten, the co-founder of the advocacy group Peaceoholics, painted a grim picture yesterday to illustrate why he hopes to save the District ban on handguns." Posted at 08:12 AM by Howard Bashman "An Upcoming Supreme Court Fourth Amendment Decision: Can a Passenger Be Constitutionally Searched After an Unconstitutional Traffic Stop?" Vikram David Amar has this essay online at FindLaw. Posted at 08:00 AM by Howard Bashman  
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