How Appealing

Thursday, June 07, 2007

"Defending Justice Thomas": This editorial appears today in The New York Sun.
Posted at 02:03 PM by Howard Bashman

On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Cheney Blocks DOJ Official's Promotion: Document" and "Trial Lawyer Lerach May Step Down" (RealPlayer required).
Posted at 02:00 PM by Howard Bashman

This federal appellate judge may now be recused from deciding the case, but thankfully we don't have to remain in suspense over how she intended to rule before the basis for recusal became known to her: Call me an old-fashioned fussbudget, if you must, but I long for the days when recused judges didn't disclose how they would have voted on an appeal if they hadn't been recused.

The U.S. Court of Appeals for the Third Circuit today issued a decision in which a unanimous two-judge quorum joined. As for what happened to the third judge on the panel, footnote * explains, "The Honorable Maryanne Trump Barry participated in the oral argument and panel conference and joined in the decision on this case, but discovered facts causing her to recuse from this matter prior to filing of the Opinion. The remaining judges are unanimous in this decision, and this Opinion and Judgment are therefore being filed by a quorum of the panel."
Posted at 01:50 PM by Howard Bashman

McClatchy Newspapers are reporting: Available online are articles headlined "E-mail questions if conservative group was party to plan to fire U.S. attorneys" and "Complaints abound over enforcement of voter registration law."
Posted at 01:40 PM by Howard Bashman

"N.Y. Court Sides With DMV on Immigrants": The Associated Press provides a report that begins, "New York has the right to deny driver's licenses to people who can't prove they are in the country legally, the state's highest court ruled Thursday."

You can access today's ruling of the New York State Court of Appeals at this link.
Posted at 01:25 PM by Howard Bashman

The U.S. Court of Appeals for the Second Circuit has launched a redesigned web site: You can access it by clicking here.
Posted at 01:05 PM by Howard Bashman

Back online: Overnight, this blog's web host installed some new servers. As an unexpected consequence, access to "How Appealing" was disrupted. Please accept my apologies, and all should be back to normal now.
Posted at 01:03 PM by Howard Bashman

"Scooter Libby's Sentence: While It Was Justifiable, a More Lenient Sentence Could Also Have Been Appropriate Under the U.S. Sentencing Guidelines." Edward Lazarus has this essay online today at FindLaw.
Posted at 01:00 PM by Howard Bashman

Wednesday, June 06, 2007

"Cases Thrown Out, Congress Considers Tribunals": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:05 PM by Howard Bashman

"Analysis: Ruling Drives Indecency Debate." The Associated Press provides this report.
Posted at 07:58 PM by Howard Bashman

"4 Justices Often Side With the Condemned": Mark Sherman of The Associated Press provides this report.
Posted at 03:20 PM by Howard Bashman

"Line in the Sand: Have the Guantanamo judges soured on the president's war tribunals?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 03:08 PM by Howard Bashman

"Jan Crawford Greenburg and Supreme Conflict": Last Wednesday evening, ABC News correspondent Jan Crawford Greenburg spoke about her book and participated in a question-and-answer session at an Ethics and Public Policy Center event hosted by Ed Whelan. You can download audio of the event via this link (30.9MB mp3 file).
Posted at 03:05 PM by Howard Bashman

"Ninth Circuit Judicial Conference Brings Federal Bench, Bar to Honolulu": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today. One of the scheduled presentations is titled -- I kid you not -- "Killer Asteroids and What We Can Do About Them."
Posted at 02:58 PM by Howard Bashman

Ninth Circuit rejects convicted criminal defendant's challenge to FBI agent's infiltration and investigation of NAMBLA: You can access today's ruling at this link.
Posted at 02:35 PM by Howard Bashman

May a federal district court impose a harsher, non-Guidelines sentence based on community-specific considerations, such as a belief that gun trafficking in New York City inflicts greater harm and requires stiffer penalties to achieve deterrence than the same offense committed in less densely populated parts of the country? A three-judge panel of the U.S. Court of Appeals for the Second Circuit answers "no" today in a decision that you can access here.
Posted at 11:23 AM by Howard Bashman

"Katrina Lawsuit to Go to Appeal": The Associated Press provides this report.
Posted at 11:15 AM by Howard Bashman

On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Former White House Aide Lewis Libby Gets Jail, Fine" (featuring Nina Totenberg); "Civil Rights Attorney Testifes About Partisan Politics"; and "Voting Rights Group Absent Amid Charges of Fraud."

RealPlayer is required to launch these audio segments.
Posted at 10:28 AM by Howard Bashman

"Court Hears Appeal in Teen Oral Sex Case": The Associated Press provides this report.
Posted at 10:08 AM by Howard Bashman

"No fines for fleeting expletives: The FCC is ignoring its own precedent against harshly punishing broadcasters for an unexpected, rare curse word." This editorial appears today in The Los Angeles Times.
Posted at 08:50 AM by Howard Bashman

"Judge throws out efforts to keep Chief": The News-Gazette of Champaign, Illinois yesterday posted online a news update that begins, "A Champaign County judge this morning threw out two lawsuits filed as efforts to get the University of Illinois to retain Chief Illiniwek as its honored symbol."
Posted at 08:45 AM by Howard Bashman

"Death to child rapists? The Louisiana Supreme Court thinks child rapists should be executed; Might the U.S. Supreme Court agree?" This editorial appeared yesterday in The Los Angeles Times.
Posted at 08:27 AM by Howard Bashman

"Libby Given 30 Months for Lying in C.I.A. Leak Case": Neil A. Lewis has this article today in The New York Times. The newspaper also contains an editorial entitled "Jail Time for Scooter Libby."

The Washington Post today contains articles headlined "Libby Given 21/2-Year Prison Term; Former White House Aide 'Got Off Course,' Judge Says"; "In the West Wing, Pardon Is A Topic Too Sensitive to Mention"; and "Letters Cast Light on Cheney's Inner Circle; Dozens of Prominent Figures and Insiders Praise Libby as Fundamentally Decent." And Dana Milbank's "Washington Sketch" column is headlined "Standing by Their Man."

The Los Angeles Times reports that "Libby gets prison, Bush may face dilemma; Ex-Cheney aide gets 2 1/2-year sentence in probe of a former CIA operative's outing; Pressure for a pardon may hit president soon."

USA Today contains a front page article headlined "Libby seeking to delay sentence; 30-month prison term may start during appeals."

The Boston Globe reports that "Libby gets 2 1/2 years; some seek pardon; Conservatives call for Bush to take action."

In The New York Sun, Josh Gerstein reports that "Establishment Who's Who Fails To Rescue Libby."

The Washington Times reports that "Libby gets 30 months, $250,000 fine."

And The St. Petersburg Times contains an editorial entitled "A correct sentence for Libby."
Posted at 08:24 AM by Howard Bashman

"Helping attorneys hone appeals; At Schnader Harrison law firm's subsidiary institute, outside lawyers face mock court to tailor briefs, shape oral arguments": The Philadelphia Inquirer today contains an article that begins, "It's all about getting an edge. Two years ago, when partners at the Schnader Harrison law firm first began talking about setting up a consulting business aimed at lawyers who need help sharpening appeals-court arguments, a threshold question was whether it would make money. The jury is still out on that, but the consulting business is up and running."
Posted at 08:10 AM by Howard Bashman

"Sex landed him in prison; will petition bail him out? Consensual act between youths got teen 10 years; Today, he asks a judge to throw out the conviction." Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Genarlow Wilson says he regrets some of the things he did at a raunchy New Year's Eve party in 2003 that put him in the national spotlight. But he argues that his 10-year prison sentence was too harsh for receiving consensual oral sex from a 15-year-old girl when he was 17."

The newspaper also contains an op-ed by columnist Cynthia Tucker entitled "Genarlow Wilson should be free."
Posted at 08:05 AM by Howard Bashman

"Errors mar law prof's paper; Some students question how the legal writing director at FAMU's law school got her job": This article appears today in The St. Petersburg Times.
Posted at 07:58 AM by Howard Bashman

"Eminent Domain Fix At Risk; Billboard Clause Could Lead To Cuts In State's Share Of Federal Highway Funds": The Hartford Courant contains this article today.
Posted at 07:50 AM by Howard Bashman

"Ex-Prosecutor Says He Didn't Think Charges Would Affect Election": The Washington Post contains this article today.

The New York Times reports today that "Panel Asks Official About Politics in Hiring."

The Los Angeles Times reports that "Indictments may have bent Justice's rules; A Senate panel hears how four liberal activists were charged right before the midterm election despite federal guidelines."

The Washington Times reports that "Democrats hit Justice official for timing of voter-fraud case."

And USA Today reports that "Ex-prosecutor says firing cleared way for another; Replacement got indictments of 4 in liberal group."
Posted at 07:42 AM by Howard Bashman

"Guantanamo Ruling Renews The Debate Over Detainees; Bush Policy Faces New Hill Challenge": This article appears today in The Washington Post.

And The New York Times today contains an article headlined "Democrats Hope to Expand Rights at Guantanamo," along with an editorial entitled "Gitmo: A National Disgrace."
Posted at 07:33 AM by Howard Bashman

"New trial ordered for condemned man; Top court says juror who spoke of hanging should have been removed": The Newark (N.J.) Star-Ledger contains this article today.

And The New York Times reports today that "New Jersey Court Voids Death Penalty Conviction."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 06:44 AM by Howard Bashman

"Expletive Policy Deleted": This editorial appears today in The New York Times.
Posted at 06:40 AM by Howard Bashman

"In June, getting five justices to agree isn't so easy; Dissenters always try to pick off one to get a majority": Joan Biskupic has this article today in USA Today.
Posted at 06:34 AM by Howard Bashman

"A Mootness Dismissal Illustrates the Supreme Court's Split Personality: Is it a Constitutional Court or a Court of Error?" Michael C. Dorf has this essay online today at FindLaw.
Posted at 06:30 AM by Howard Bashman

Tuesday, June 05, 2007

The Associated Press is reporting: An article headlined "Judge Now Wants Just $54M From Cleaner" begins, "A judge who was seeking $67 million from a dry cleaners that lost his pants has loosened the belt on his lawsuit. Now, he's asking for only $54 million, according to a May 30 court filing in D.C. Superior Court."

And an article headlined "Feds Appeal Posada's Dismissal" begins, "Federal prosecutors have appealed a judge's decision to dismiss an immigration fraud case against an anti-Castro militant who is wanted in Cuba and Venezuela on charges that he plotted a jetliner bombing."
Posted at 11:45 PM by Howard Bashman

"Squabble erupts among opponents of abortion law": The Los Angeles Times provides this news update.
Posted at 11:42 PM by Howard Bashman

"Senator charges improper political interference in Justice Department": McClatchy Newspapers provide this report.
Posted at 11:35 PM by Howard Bashman

"Despite Docket Drop, Justices Face Packed Homestretch; After 'B-movie' term, will Supreme Court make blockbuster rulings in final weeks?" Marcia Coyle of The National Law Journal provides this report.
Posted at 11:33 PM by Howard Bashman

"Federal Appeals Court Rejects Michigan's Ban on a Controversial Method of Abortion": The New York Times contains this article today.

The Detroit News reports today that "Late-term abortion ban illegal; Appeals court decides on Mich. law despite the U.S. Supreme Court's upholding of federal ban."

And The Detroit Free Press reports that "State's ban on some abortions is struck down."

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
Posted at 08:55 PM by Howard Bashman

"Padilla Jury Begins to Hear Wiretapped Conversations": This article appears today in The New York Times.
Posted at 08:40 PM by Howard Bashman

"Court restores Missouri executions; Ruling stems from Michael Anthony Taylor’s sentence in KC teenager’s murder": The Kansas City Star contains this article today.

The St. Louis Post-Dispatch reports today that "Missouri kills moratorium on executions."

And Henry Weinstein of The Los Angeles Times reports that "Lethal injections upheld in Missouri; A panel of the 8th Circuit Court of Appeals finds 'no wanton infliction of cruel and unusual punishment,' clearing the way for executions to resume."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 08:22 PM by Howard Bashman

"Military Judges Dismiss Charges for 2 Detainees": This article appears today in The New York Times. And Adam Liptak has an article headlined "Tribunal System, Newly Righted, Stumbles Again."

The Washington Post today contains an article headlined "Charges Against Guantanamo Detainee Set for Trial Dropped Over Limit in Law." The newspaper's web site also provides a news update headlined "White House Criticizes Guantanamo Trial Ruling."

Carol Rosenberg of The Miami Herald reports that "Judges toss 2 war crimes cases; Guantanamo military judges dismissed war crimes charges against two detainees, citing the Pentagon's failure to comply with an act of Congress."

The Los Angeles Times reports that "Tribunals are dealt another legal setback; Dismissal rulings in two Guantanamo cases raise questions about the military's jurisdiction over detainees."

Wednesday in The Christian Science Monitor, Warren Richey will have an article headlined "Why detainee trials got snagged over a word: No one has designated those held at Guantanamo Bay 'unlawful' combatants; Does it matter?"

And from National Public Radio, this evening's broadcast of "All Things Considered" contained an audio segment entitled "Guantanamo Trials Likely to Resume After Change." Today's broadcast of "Day to Day" contained an audio segment entitled "Dismissed Guantanamo Charges: Legal Implications" featuring Dahlia Lithwick. And today's broadcast of "Morning Edition" contained an audio segment entitled "Guantanamo War Crimes Charges Dismissed." RealPlayer is required to launch these audio segments.

You can access the dismissal orders here and here.
Posted at 08:12 PM by Howard Bashman

"Insurers must warn consumers about rates; Notification is required if a credit report boosts the price, justices rule": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:48 PM by Howard Bashman

"Broadcasters Win Appeal Of FCC's Profanity Ruling": This front page article appears today in The Washington Post.

Jim Puzzanghera of The Los Angeles Times reports today that "FCC efforts on indecency dealt setback; TV networks can't be penalized for unscripted expletives, a court rules."

The Washington Times reports that "Court deals serious blow to FCC expletive policy."

law.com reports that "2nd Circuit Finds FCC's Policy on 'Fleeting Expletives' Arbitrary; Fox Network wins challenge after facing sanction for entertainers' language on awards show."

Finally, from National Public Radio, this evening's broadcast of "All Things Considered" contained an audio segment entitled "Federal Appeals Court Overrules FCC on Indecency." And today's broadcast of "Day to Day" contained an audio segment entitled "Court Backs Broadcasters on 'Fleeting Expletives.'" RealPlayer is required to launch these audio segments.

My earlier coverage of yesterday's Second Circuit ruling appears here and here.
Posted at 07:42 PM by Howard Bashman

"Judge orders jail time for Libby in CIA leak case; The former White House aide was sentenced to 2-1/2 years in jail, plus a fine of $250,000": This article will appear Wednesday in The Christian Science Monitor.

At Time magazine's web site, Reynolds Holding has an article headlined "Why Libby's Sentence Was So Tough."

And from National Public Radio, on this evening's broadcast of "All Things Considered," Nina Totenberg had an audio report entitled "Lewis Libby Sentenced to 30 Months in Jail." Today's broadcast of "Day to Day" contained an audio segment entitled "Libby Sentenced in CIA Leak Case." And today's broadcast of "Morning Edition" contained an audio segment entitled "Ex-White House Aide Libby Faces Sentencing" also featuring Nina Totenberg. RealPlayer is required to launch these audio segments.
Posted at 07:20 PM by Howard Bashman

"Best Buy attorney falsified e-mails; A Robins Kaplan attorney representing the retailer in a class-action suit admitted tampering with documents": The Minneapolis Star Tribune today contains an article that begins, "Timothy Block, an attorney representing Best Buy Co. Inc., has admitted falsifying e-mails and e-mail attachments submitted in a multimillion-dollar class-action lawsuit in Seattle."

law.com reports that "Firm's Mea Culpa Adds Twist to Class Action Against Best Buy."

And The Associated Press reports that "Lawyer Altered Docs in Best Buy Case."
Posted at 05:48 PM by Howard Bashman

"Terrorism, the Military, and the Courts": Benjamin Wittes has this article in the current issue of Policy Review, a publication of the Hoover Institution.
Posted at 05:40 PM by Howard Bashman

Third Circuit vacates lifetime ban on computers and internet access, and lifetime ban on possessing legal pornography, imposed as conditions of supervised release on man convicted of possessing child pornography: You can access today's ruling at this link.
Posted at 04:30 PM by Howard Bashman

"Sole...on Ice": At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has this post about yesterday's U.S. Supreme Court ruling in Sole v. Wyner, No. 06-531, the nude protester case.
Posted at 04:20 PM by Howard Bashman

"Libby Sentenced to 30 Months in Prison, Fined $250K": The Washington Post provides this news update, along with a news update headlined "Bush Faces Libby Pardon Dilemma."

Reuters provides reports headlined "Ex-Cheney aide sentenced to 30 months in leak case" and "White House: Bush won't intervene now in Libby case."

The Associated Press reports that "Libby Sentenced to 2 1/2 Years in Prison" and "Bush Feels 'Terrible' for Libby."

And Bloomberg News reports that "Libby, Ex-Cheney Aide, Gets Prison Term in CIA Case."
Posted at 04:05 PM by Howard Bashman

"Justice Department actions expected to draw congressional scrutiny": McClatchy Newspapers provide this report.
Posted at 04:00 PM by Howard Bashman

"Government suggests grant in Beal case": At "SCOTUSblog," Lyle Denniston has a post that begins, "U.S. Solicitor General Paul D. Clement urged the Supreme Court on Tuesday to grant review in a new Sentencing Guidelines case replacing one that has been ordered vacated, and suggested that the new case could be decided before the Court finishes the current Term, perhaps later this month." You can access the court filing directly at this link.
Posted at 03:50 PM by Howard Bashman

Programming note: Today, I'll be before the Superior Court of Pennsylvania for oral argument in the In re Mary and Emanuel Rosenfeld Foundation Trust appeal, a quite interesting case involving the imposition of a surcharge against trustees of a charitable trust for failure to diversify the trust's holdings from the assets used to create the trust.

You can access online both the Brief for Appellants and the decision that is the subject of the appeal.

Additional posts will appear online here later today.
Posted at 06:40 AM by Howard Bashman

"Ruling Helps Prosecutors in Death Penalty Cases": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Ruling Affirms Judges' Authority; High Court Backs Exclusion of Juror In Capital Case."

David G. Savage of The Los Angeles Times reports that "Supreme Court, in 5-4 vote, restores death sentence in Washington murder case; In their fourth reversal this term of the 9th Circuit Court of Appeals, the justices support a trial judge's decision to exclude a juror who had qualms about the death penalty."

Joan Biskupic of USA Today reports that "Court reinstates death sentence."

The Seattle Times reports that "U.S. Supreme Court reinstates death sentence."

And The Seattle Post-Intelligencer reports that "High court reinstates killer's death sentence; Justices split 5-4 in Washington state case."
Posted at 06:35 AM by Howard Bashman

"N.J. justice offers 'profound' apology amid ethics inquiry; Rivera-Soto calls bid to help son innocent": This article appeared Saturday in The Newark (N.J.) Star-Ledger.

The Philadelphia Inquirer reported on Saturday that "Judge 'profoundly sorry' for actions."

And law.com reports that "N.J. Justice Admits Ethics Infraction Stemming From Involvement in Son's Dispute."

You can access the response to the judicial misconduct charges by clicking here. My earlier coverage appears at this link.
Posted at 06:32 AM by Howard Bashman

"Justices strip out antiwar nudist's bid for legal fees": David G. Savage has this article today in The Los Angeles Times.
Posted at 06:24 AM by Howard Bashman

"Both Parties Expect Corzine's Choice for Chief Justice to Be a Fair and Moderate Voice": This article appears today in The New York Times.

And The Newark (N.J.) Star-Ledger reports today that "Corzine unveils his pick for bench; Governor also taps Rabner's assistant."
Posted at 06:18 AM by Howard Bashman

"A Bid to Litigate the Legality of U.S.-Sponsored Torture in Federal Court: Will It Succeed?" Anthony J. Sebok has this essay online today at FindLaw.
Posted at 06:12 AM by Howard Bashman

Monday, June 04, 2007

"An Unacceptable Nominee": The New York Times on Tuesday will contain an editorial that begins, "President Bush's latest appeals court nominee, Leslie Southwick, has a disturbing history of insensitivity to blacks and other minority groups. The Senate should reject this nomination and make clear to the White House that it will reject all future nominees who do not meet the high standards of fairness that are essential for such important posts."
Posted at 10:48 PM by Howard Bashman

"FBI Wiretaps Played in Padilla Case": The Associated Press provides this report.
Posted at 08:40 PM by Howard Bashman

"So when I come across a sentence like this--in which a nonviolent, relatively minor drug dealer receives a twenty-four year sentence that will consume the better portion of the remainder of her natural life--I ask: is this the case? If this within-Guidelines sentence is reasonable, does an unreasonable within-Guidelines sentence exist?" Today, Tenth Circuit Judge Michael W. McConnell issued a very interesting concurring opinion in a federal Sentencing Guidelines case.
Posted at 08:27 PM by Howard Bashman

"Naked Protester Must Pay Attorney Fees": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:14 PM by Howard Bashman

"Judge Throws Out Charges in Guantanamo Prisoner Case": The New York Times provides a news update that begins, "A military judge here dismissed the war crimes charges against a Canadian detainee today, saying there was a flaw in the procedure the military has used to file such charges against Guantanamo detainees. The ruling in the case of the Canadian, Omar Khadr, is likely to stall the military's war crimes prosecutions here. Critics of the prosecutions immediately called for Congress to reexamine the system it set up last year for military commissions to try detainees."

The Washington Post provides a news update headlined "U.S. Judge Clears Canadian Detainee at Gitmo."

Carol Rosenberg of The Miami Herald provides a news update headlined "War court tosses case against young captive."

From National Public Radio, this evening's broadcast of "All Things Considered" contained an audio segment entitled "Judge Dismisses Guantanamo Suspect's Case." Today's broadcast of "Day to Day" contained an audio segment entitled "Charge Dismissed Against Guantanamo Detainee." And today's broadcast of "Morning Edition" contained an audio segment entitled "Accused's Age Is Focus at Guantanamo Tribunal." RealPlayer is required to launch these audio segments.

And, as The Associated Press reports in an article headlined "Judges at Guantanamo Throw Out 2 Cases," all charges against Salim Ahmed Hamdan were also dismissed today on the same basis.
Posted at 08:03 PM by Howard Bashman

"Justices reinstate death penalty for West Coast killer": Michael Doyle of McClatchy Newspapers provides this report.

Linda Greenhouse of The New York Times provides a news update headlined "High Court Ruling Helps Prosecutors in Death Penalty Cases."

And The Seattle Post-Intelligencer provides a news update headlined "Supreme Court reinstates death sentence for man."
Posted at 07:54 PM by Howard Bashman

"Court calls FCC's indecency crackdown 'arbitrary'": Jim Puzzanghera of The Los Angeles Times provides this news update.

Tuesday's edition of The New York Times will contain an article headlined "F.C.C. Rebuffed by Court on Indecency Fines."

The Washington Post provides a news update headlined "Indecency Ruling Against Fox Tossed Out."

The Associated Press reports that "Appeals Court Hands Broadcasters a Win."

And Reuters reports that "Court rejects FCC broadcast decency rule."

My earlier coverage of today's Second Circuit ruling appears at this link. And my earlier coverage of the Second Circuit's oral argument (RealPlayer required) can be accessed here.
Posted at 05:30 PM by Howard Bashman

"Appeals Court upholds decision blocking Michigan's ban on 'partial birth' abortions": The Detroit News provides this update.

The Detroit Free Press provides a news update headlined "Michigan's ban on late-term abortion unconstitutional, federal appeals court rules."

And The Associated Press reports that "Appeals Court Rejects Mich. Abortion Law."

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 05:23 PM by Howard Bashman

"Headed Southwick?: The case against Bush's latest controversial judicial nominee." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:05 PM by Howard Bashman

If a case settles after the sua sponte grant of rehearing en banc, but before an en banc ruling has issued, should a federal appellate court agree to vacate the original three-judge panel's ruling? In most federal appellate courts, this question would not arise, because the grant of rehearing en banc is recognized as having the effect of vacating the three-judge panel's ruling.

In the Ninth Circuit, by contrast, an order granting rehearing en banc typically provides that "[t]he three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court."

The Ninth Circuit's unique wording of orders granting rehearing en banc today produces nearly twenty-five pages of opinions in a case that has settled. The majority on the en banc panel today orders the three-judge panel's decision vacated in accordance with the parties' settlement.
Posted at 03:24 PM by Howard Bashman

"Ruling opens door for executions to resume in Missouri; A federal appeals court says lethal injections do not constitute 'cruel and unusual punishment' in violation of the Constitution": Henry Weinstein of The Los Angeles Times provides this news update.

My earlier coverage of today's Eighth Circuit ruling appears at this link.
Posted at 02:35 PM by Howard Bashman

Divided three-judge Second Circuit panel holds that FCC's new policy regarding "fleeting expletives" is arbitrary and capricious under the Administrative Procedure Act: You can access today's ruling in Fox Television Stations, Inc. v. FCC at this link.

Circuit Judge Rosemary S. Pooler issued the majority opinion, in which Circuit Judge Peter W. Hall joined. The first paragraph of the majority opinion concludes:

We find that the FCC's new policy regarding "fleeting expletives" represents a significant departure from positions previously taken by the agency and relied on by the broadcast industry. We further find that the FCC has failed to articulate a reasoned basis for this change in policy. Accordingly, we hold that the FCC's new policy regarding "fleeting expletives" is arbitrary and capricious under the Administrative Procedure Act. The petition for review is therefore granted, the order of the FCC is vacated, and the matter is remanded to the Commission for further proceedings consistent with this opinion. Because we vacate the FCC's order on this ground, we do not reach the other challenges to the FCC’s indecency regime raised by petitioners, intervenors, and amici.

Senior Circuit Judge Pierre N. Leval dissented, explaining that he would have held that the FCC "gave a reasoned explanation for its change of standard and thus complied with the requirement of the Administrative Procedures."
Posted at 01:50 PM by Howard Bashman

"Insurers Win at U.S. Supreme Court on Credit Law": Greg Stohr of Bloomberg News provides this report. He also has an article headlined "Pollution Suits Against Foreigners Draw Top U.S. Court Inquiry."

And Reuters reports that "US court backs insurance companies on credit law."
Posted at 01:47 PM by Howard Bashman

"High court restores killer’s death sentence": David G. Savage of The Los Angeles Times provides this news update.
Posted at 01:44 PM by Howard Bashman

"Judge Dismisses Charges Against Detainee": The Associated Press provides a report that begins, "A military judge dismissed charges Monday against a Canadian who was 15 when he was captured in Afghanistan, a surprise ruling that came minutes into the arraignment of the man classified as an 'enemy combatant' at Guantanamo Bay."
Posted at 12:30 PM by Howard Bashman

"We conclude that Missouri's written lethal injection protocol does not violate the Eighth Amendment." So holds a decision that the U.S. Court of Appeals for the Eighth Circuit issued today.

In early press coverage of the ruling, The Associated Press reports that "Court Backs Mo. Death Penalty Procedure."
Posted at 12:22 PM by Howard Bashman

"Years later, Valdez's stain remains; ExxonMobil's legal battle rages 18 years after the oil spill, as the case is likely headed to the Supreme Court": This article appears today in The Christian Science Monitor.
Posted at 11:35 AM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Court Backs Firms on Credit Reporting"; "Court Reinstates Man's Death Sentence"; "Court Rules on Florida Legal Fee Case"; and "Leukemia Widow Loses Court Fight."
Posted at 11:00 AM by Howard Bashman

Today's U.S. Supreme Court opinions: The Court today issued three opinions in argued cases, one dismissal of an argued case, and one summary decision vacating and remanding.

1. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Sole v. Wyner, No. 06-531. You can access the opinion here and the oral argument transcript here.

2. Justice David H. Souter delivered the opinion of the Court in Safeco Ins. Co. of America v. Burr, No. 06-84. You can access the opinion here and the oral argument transcript here.

3. Justice Anthony M. Kennedy delivered the opinion of the Court in Uttecht v. Brown, No. 06-413, a 5-4 ruling in which the Court's conservative majority was on the prevailing side. You can access the opinion here and the oral argument transcript here.

Today's dismissal of an argued case came in Claiborne v. United States, No. 06-5618, due to petitioner's death. You can access the per curiam order of dismissal at this link.

In reporting on these rulings at "SCOTUSblog," Lyle Denniston has a post titled "Court protects trial judges on juror dismissal."

Finally, today's lone per curiam opinion vacated a ruling of the Tenth Circuit. You can access today's ruling in Erickson v. Pardus, No. 06-7317, at this link.
Posted at 10:34 AM by Howard Bashman

"Court seeks response in detainees' cases": Lyle Denniston has this post at "SCOTUSblog."

You can access today's Order List at this link.
Posted at 10:05 AM by Howard Bashman

"The Michigan Attorney General appeals the district court's decision declaring unconstitutional a state law that regulates abortion methods. Because we find that Michigan's law fails to comply with the explicit limitations that the Supreme Court has established for statutes regulating abortion, we agree with the district court's disposition, and affirm." So begins a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. The law at issue is Michigan's Legal Birth Definition Act.

In April 2006, the Michigan Attorney General's Office issued a news release titled "Attorney General Cox Files Brief on Partial Birth Abortion Ban in 6th Circuit Court of Appeals."
Posted at 10:04 AM by Howard Bashman

"Supreme Court Justice Samuel Alito delivers the commencement address at St. Mary's College in Notre Dame, IN." You can view online, on-demand this past Saturday's broadcast of C-SPAN's "America & the Courts" by clicking here (RealPlayer required).
Posted at 08:20 AM by Howard Bashman

"Sterile thinking on pay equity": The Chicago Tribune today contains an editorial that begins, "Under federal law, it's illegal for employers to discriminate on the basis of sex, so Lilly Ledbetter should have had a good claim against Goodyear Tire & Rubber."

And in yesterday's edition of that newspaper, columnist Clarence Page had an op-ed entitled "Supreme Court should do justice in the workplace."
Posted at 08:15 AM by Howard Bashman

"Abolishing Non-Precedential Appellate Court Rulings: An Idea Whose Time Has Come?" Today's installment of my "On Appeal" column for law.com can be accessed at this link.
Posted at 08:14 AM by Howard Bashman

"Judicial pay: Attracting the best." In today's issue of The National Law Journal, Abner Mikva has an essay that begins, "Judicial salaries have always been much lower than the quality of service we expect (and get) from the judicial branch of government."
Posted at 08:10 AM by Howard Bashman

"Youth won't hurt AG nominee; Just 36, Milgram has won respect as the first assistant attorney general": This article appears today in The Newark (N.J.) Star-Ledger.
Posted at 08:02 AM by Howard Bashman

"Shielding the right to know": The Chicago Tribune today contains an editorial that begins, "A lot of the important stories that journalists uncover come via people who prefer anonymity."
Posted at 07:55 AM by Howard Bashman

"Efforts would disregard race; Affirmative action in UW System, state contracting targeted": This article appears today in The Milwaukee Journal Sentinel.
Posted at 07:53 AM by Howard Bashman

"This divorce could break up records; Splitting mega-rich couple's assets equally could be a first": The Chicago Tribune today contains an article that begins, "In one of the largest contested divorces ever, a Chicago energy industry magnate is fighting to overturn a judge's ruling that would give half of his fortune -- or about $176 million -- to his wife."
Posted at 07:48 AM by Howard Bashman

"Justice official is said to have favored GOP loyalists; Bradley Schlozman is slated to testify Tuesday in the U.S. attorneys investigation": This article appears today in The Los Angeles Times.
Posted at 07:42 AM by Howard Bashman

"Nominee to Spark Showdown; Judicial Fight on Tap": Today's edition of Roll Call contains an article (subscription required) that begins, "After six months of steadily approving President Bush's top-tier judicial nominations, Senators this week may be headed for their first partisan battle over the bench this Congress when the Judiciary Committee votes to install Leslie Southwick to the 5th U.S. Circuit Court of Appeals."
Posted at 07:40 AM by Howard Bashman

"Justice has its purpose: Attorney General Thurbert Baker must right the wrong sentence thrown at Genarlow Wilson." The Atlanta Journal-Constitution contains this editorial today.
Posted at 07:35 AM by Howard Bashman

"Supreme Court Ruling Brings Split in Antiabortion Movement": This article appears today in The Washington Post.
Posted at 06:44 AM by Howard Bashman

"Show Us the Money": Today in The New York Times, Susan E. Reed has an op-ed that begins, "This year, each of the eight associate justices of the Supreme Court will earn $203,000. The only woman and the only African-American on the court are paid the same as their six white male colleagues. Only Chief Justice John G. Roberts Jr. earns more than everyone else, $212,100. Their pay is set by Congress, and it is a matter of public record."
Posted at 06:37 AM by Howard Bashman

"The Supreme Court Slams the Door on Pay Discrimination Claims: The Ruling in Ledbetter v. Goodyear Tire & Rubber Co." Joanna Grossman and Deborah Brake have this essay today online at FindLaw.
Posted at 06:24 AM by Howard Bashman

"Oddity in Picking Jurors Opens Door to Racial Bias": The installment of Adam Liptak's "Sidebar" column published today in The New York Times can be accessed here (TimesSelect temporary pass-through link).
Posted at 06:22 AM by Howard Bashman

The Associated Press is reporting: Mark Sherman has an article headlined "Ginsburg a Minority of One on High Court."

And in other news, "2 Gitmo Detainees Face Trials."
Posted at 06:20 AM by Howard Bashman

Sunday, June 03, 2007

"A prosecutor who dreamed of life on the bench hits the jackpot": The Newark (N.J.) Star-Ledger today contains an article that begins, "He applied for a federal judgeship and didn't get it. He pushed for a state judgeship and was unsuccessful. Now Stuart Rabner is the governor's choice to lead New Jersey's highest court for the next generation. Gov. Jon Corzine is expected to announce tomorrow he is nominating the 46-year-old former federal prosecutor as chief justice, and Rabner is likely to win quick and easy confirmation in the state Senate."
Posted at 11:55 PM by Howard Bashman

"Prosecutorial vendetta?" Today in The Washington Times, Dan K. Thomasson has an op-ed that begins, "What in the world did former vice presidential aide Scooter Libby ever do to special counsel Patrick Fitzgerald to make him so angry?"
Posted at 11:25 PM by Howard Bashman

"Thousands Wait to Hear Ousted Pakistani Justice": This article appears today in The New York Times.

And The Washington Post reports today that "Thousands of Pakistanis Rally Around Ousted Judge."
Posted at 10:30 PM by Howard Bashman

"The Next Big Thing in Law? The Harsh Jurisprudence of Justice Thomas." Adam Cohen has this Editorial Observer essay today in The New York Times.

And yesterday in The News & Observer of Raleigh, North Carolina, columnist Barry Saunders had an essay entitled "Getting to the heart of a justice."
Posted at 10:11 PM by Howard Bashman

"Conn. Lawmakers Limit Eminent Domain Use": The Associated Press provides this report.

And The Hartford Courant reports today that "Lawmakers Tackle Controversies; Legislation Restricts Seizure Of Private Property."
Posted at 09:22 PM by Howard Bashman

Philadelphia Phillies 9, San Francisco Giants 8: My son and I were back at Citizens Bank Park this afternoon. Due to the remnants of Tropical Storm Barry, the weather this afternoon began dark and with occasional drizzle. By 4 p.m., the drizzle had turned into a steady rain. Apparently the umpires had consulted the weather forecast before the game and recognized that a delay would serve no purpose because the pace of the rain was likely to increase as day turned to night.

Phillies starting pitcher Freddy Garcia, who was the cause of much hope among Phillies fans after his off-season acquisition, had another poor outing, surrendering seven runs (six earned) over five and one-third innings. After yielding lead-off home runs to the Giants in both the first and second innings, Garcia held the Giants scoreless in the third and fourth innings. The Phillies bats came alive in the bottom of the fourth, as both Chase Utley and Aaron Rowand hit home runs. At the end of four, the Phillies led 3-2. That lead was short lived, however, as Garcia gave up three runs in the top of the fifth, and the Giants scored another two runs in the top of the sixth. At the end of six full innings, the Giants led 7-3.

Were it not for the Phillies, Giants starting pitcher Tim Lincecum would be having a wonderful season. Just 22 years old, Lincecum heading into the seventh inning had held the Phillies scoreless in all but the fourth inning, when he surrendered the home runs to Utley and Rowand. In the second, third, fifth, and sixth innings, he retired the side in order. In the seventh inning, holding a 7-3 lead and having already thrown 89 pitches, Lincecum pitched himself into trouble, giving up hits to the first three batters. A single, followed by successive doubles, narrowed the Giants lead to 7-5. Lincecum then retired both Jimmy Rollins and Shane Victorino, but his pitch count was at 101. With two outs in the bottom of the seventh, Giants Manager Bruce Bochy brought in relief pitcher Jack Taschner. He inherited Wes Helms on second base, and Taschner then walked Utley on a full count. 2006 MVP Ryan Howard was up next, and on a 1-1 count he smacked a three-run home run to straight-away center off the brick wall that serves as the batter's eye. The Phillies now led 8-7.

Barry Bonds, who did not start the game, was called on to pinch hit in the top of the eighth inning with two outs and a runner on first. He hit a grounder over the second base bag, which is where Rollins was playing defense due to the infield shift. Phillies relief pitcher Ryan Madson, who was brought into the game in the top of the eighth to face Bonds and record the final out of that inning, stayed in the game in the top of the ninth to face the top of the Giants order. After retiring the lead-off batter on a grounder to second base, Madson walked the next two batters. The Phillies then replaced Madson with Antonio Alfonseca, who surrendered a hit to Kevin Frandsen, producing the tying run. The next batter, catcher Bengie Molina, grounded into a double play around the horn, third to second to first.

The rain-soaked bottom of the ninth began with Rollins striking out. Next up was Shane Victorino, who entered the bottom of the ninth inning 0-4 at the plate. This afternoon's promotional give-away for children was the Shane Victorino Hula Figurine, and both before the game and between innings there were numerous tributes to both Shane and Hawaii, Shane's birthplace. For a moment, amidst the rain and dark clouds, the Flyin' Hawaiian became the Sluggin' Hawaiian as Victorino drove the 1-0 pitch in the bottom of the ninth into the seats in left field to win the game with a walk-off home run. A more poetic ending would have been difficult to script. The many rain-soaked Phillies fans who remained till the end left the ballpark quite happy.

You can access the box score of today's game at this link, while wraps are available here and here. The next game that my son and I are planning to attend is next Sunday afternoon, when the Baltimore Orioles host the Colorado Rockies. The game will feature as a promotional give-away a Cal Ripken 1983 World Series bobblehead doll, which might seem to bring back painful memories for some longtime Phillies fans.
Posted at 09:18 PM by Howard Bashman

Saturday, June 02, 2007

"Bid to rescue the Claiborne issue": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:42 PM by Howard Bashman

"Class-Action Firms Extend Reach to Global Rights Cases": Adam Liptak will have this article Sunday in The New York Times.
Posted at 11:40 PM by Howard Bashman

"How Libby's Trial Hurt the Press": Norman Pearlstine has this essay online at Time magazine's web site.
Posted at 10:40 PM by Howard Bashman

"Detainee Abuse Was Well Planned": This article appears online at Time magazine's web site.

And today's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment entitled "U.S. Panel Shapes New Interrogation Guidelines" (RealPlayer required).
Posted at 10:38 PM by Howard Bashman

"Judge: Mack's confession can't be used." The Reno Gazette-Journal today contains an article that begins, "Washoe County District Attorney Richard Gammick failed in his duties as a prosecutor by not telling Darren Mack during conversations they had while he was on the run in Mexico that he was represented by lawyers, a judge ruled Friday. Therefore Mack's confession to Gammick that he killed his estranged wife, Charla, in self defense, and shot Washoe District Judge Chuck Weller can not be used during his murder and attempted murder trial, Judge Douglas Herndon ruled."
Posted at 09:22 PM by Howard Bashman

"Former Supreme Court Justice Speaks at TU: Constitutional liberties at risk, O'Connor says." This article appears today in The Tulsa World.
Posted at 08:50 PM by Howard Bashman

"Corzine to reshape court beyond chief justice choice": The Associated Press provides this report from New Jersey.
Posted at 08:44 PM by Howard Bashman

"After EBay ruling, patent injunctions no longer automatic": MarketWatch provides this report.
Posted at 08:10 PM by Howard Bashman

"The Supremes' Technical Failure": Ellis Cose will have this essay in the June 11, 2007 issue of Newsweek.
Posted at 07:30 PM by Howard Bashman

"Executions unlikely the rest of the year; A judge will not hear legal challenges to the state's lethal injection procedure until October": Henry Weinstein has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Execution moratorium extended until fall at least; Judge wants to see death chamber and study procedures."

And in The San Jose Mercury News, Howard Mintz reports that "S.J. judge plans tour of death chamber; State execution method faces legal challenge."
Posted at 04:15 PM by Howard Bashman

"Gitmo: A fetid and cancerous symbol; The offshore prison breeds terror; it must be closed now." Law Professor Joseph Margulies has this op-ed today in The Los Angeles Times.
Posted at 04:10 PM by Howard Bashman

"Lawyer under probe may quit; William Lerach says he could retire, adding to talk he may be indicted": This article appears today in The Los Angeles Times.
Posted at 04:00 PM by Howard Bashman

"Fraternity urges freedom in teen sex case; Black professionals want Genarlow Wilson released": The Atlanta Journal-Constitution today contains an article that begins, "A group of African-American business owners, educators, lawyers and other influential men joined the public crusade Friday to free a Douglas County man sentenced to 10 years in prison for engaging in consensual oral sex as a teenager with a girl two years younger than him."
Posted at 03:52 PM by Howard Bashman

"Commission accuses judge of breaching conduct code": The Orlando Sentinel today contains an article that begins, "An Orlando circuit judge made unwanted sexual advances toward a law-school student and abused people who faced him in court, according to formal charges filed by a state investigative agency Friday."

You can access the judicial misconduct charges at this link, while a related document is here.
Posted at 03:47 PM by Howard Bashman

"SEC to Side With Enron Plaintiffs; Agency Asks Court to Back Shareholders": The Washington Post today contains an article that begins, "Federal securities regulators will throw their weight behind investors in a big-money dispute that could resolve whether shareholders can sue bankers who enabled their corporate clients to engage in fraud, two people familiar with the decision said yesterday. The Securities and Exchange Commission has asked the U.S. solicitor general to file court papers supporting investors in an upcoming Supreme Court case, an action that has not been made public. The agency's decision follows intense lobbying by industry groups, unions and plaintiff lawyers, including well-known California attorney William S. Lerach."
Posted at 03:05 PM by Howard Bashman

"Detainee Case Stirs Arguments on Boy Fighters": This article will appear Sunday in The New York Times.
Posted at 02:53 PM by Howard Bashman

"Supreme Court ending term with big issues; School integration, campaign ads, Bush's faith-based initiative and more are on the divided justices' docket this last month": David G. Savage has this article today in The Los Angeles Times.
Posted at 02:50 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Padilla Judge Won't Toss FBI Wiretaps" and "Libby Learns Sentencing Outcome Tuesday."
Posted at 02:48 PM by Howard Bashman

Friday, June 01, 2007

"Partial-Birth Confusion: The Supreme Court puts doctors in the hot seat." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 11:48 PM by Howard Bashman

Available online from law.com: An article is headlined "Is Exxon Valdez Litigation Over? Company Says It Will Appeal Again."

And the brand new installment of my "On Appeal" essay is headlined "Abolishing Non-Precedential Appellate Court Rulings: An Idea Whose Time Has Come?"
Posted at 11:40 PM by Howard Bashman

"Condit balances lawsuits in Arizona, New York": Michael Doyle of McClatchy Newspapers provides a report that begins, "Former California Democratic congressman Gary Condit is proving to be both elusive and persistent in his ongoing federal court battles."
Posted at 11:25 PM by Howard Bashman

San Francisco Giants 13, Philadelphia Phillies 0: My son and I attended this evening's trouncing at Citizens Bank Park. Barry Bonds went one for two with an RBI double and was walked twice (once intentionally), before being replaced for a pinch runner in the top of the fifth inning. My son made it onto Phanavision this evening in connection with the presentation of the Nokona glove for best catch by a fan.

You can access the box score of tonight's game at this link, while wraps are available here and here.
Posted at 11:10 PM by Howard Bashman

"Women, Minorities Top Bush's Supreme Court Short List; White House Prepares for Possible Vacancy as Court Nears Summer Break": ABC News correspondent Jan Crawford Greenburg provides an exclusive written report that begins, "The White House is developing a short list of possible Supreme Court nominees so President Bush can move swiftly if a justice retires at the end of June, when the Court breaks for its summer recess, according to sources involved in the selection process."
Posted at 03:50 PM by Howard Bashman

"Ex-aide to Rove resigns amid U.S. attorney flap": CNN.com provides a report that begins, "The former White House aide whose appointment to a U.S. attorney's post helped fuel the furor over the forced resignations of eight federal prosecutors will resign Friday, according to a news release."
Posted at 03:27 PM by Howard Bashman

"Key Decisions Remain for Supreme Court": Mark Sherman of The Associated Press provides this report.
Posted at 02:18 PM by Howard Bashman

Unanimous three-judge Ninth Circuit panel rejects challenge to the University of Montana's imposition of a dollar limit on what a student may spend on his campaign for student office: You can access today's ruling at this link. Lest you dismiss this case as some kooky challenge by a wealthy student with too much time on his hands, it's worth noting that James Bopp, Jr. appears as lead counsel for the student.
Posted at 01:24 PM by Howard Bashman

"White House candidate opposes Southwick judicial appointment": This article appears today in The Clarion-Ledger of Jackson, Mississippi.

And The Houston Chronicle reports today that "Local groups oppose Bush nominee over racial slur; Leslie Southwick of Mississippi is accused of condoning the use of the word in a decade-old opinion."
Posted at 12:50 PM by Howard Bashman

Over the dissent of six active judges, the U.S. Court of Appeals for the Sixth Circuit denies rehearing en banc to decide "When does the statute of limitations begin to run on a 42 U.S.C. sec. 1983 challenge to a lethal-injection protocol?" You can access today's order denying rehearing en banc, and a dissent therefrom, at this link. The order notes the recusal of one of that court's fourteen active judges, meaning that only seven votes were needed to grant rehearing en banc.
Posted at 10:35 AM by Howard Bashman

"TB Quarantine Raises Legal Questions": The Associated Press provides this report.
Posted at 10:32 AM by Howard Bashman

"Adult film producer indicted on obscenity charges; The 10 federal counts are handed down against Paul F. Little, whose nom de porn is Max Hardcore, in Florida": This article appears today in The Los Angeles Times.

"The Smoking Gun" has posted a copy of the indictment at this link.
Posted at 08:47 AM by Howard Bashman

"Court upholds right to sue for bias without demanding policy changes; Plaintiffs needn't ask businesses for equal treatment": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Four men who were allegedly refused ladies' night discounts at a Los Angeles nightclub have the right to sue on the grounds of discrimination even if they never demanded equal treatment from the club, the state Supreme Court said Thursday."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:44 AM by Howard Bashman

"State's top court OKs dog maul murder charge; Judge ordered to reconsider owner's original conviction": Bob Egelko has this article today in The San Francisco Chronicle.

Howard Mintz of The San Jose Mercury News reports today that "Mauling case back to judge; Murder conviction of S.F. dog owner at center of dispute."

In The Los Angeles Times, Maura Dolan reports that "Murder conviction in dog attack could be reinstated; The California Supreme Court orders a judge who threw out the verdict to reconsider whether he should reinstate it against a San Francisco woman whose Presa Canarios killed a woman in 2001."

And law.com reports that "Dog Maul Case Hinges on New Question of 'Implied Malice'; Per California Supreme Court fiat, the murder prosecution against Marjorie Knoller will head back to the trial court."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:42 AM by Howard Bashman

"Class-action lawyer could face charges; A partner's possible plea deal feeds rumors that William Lerach may be indicted soon": This article appears today in The Los Angeles Times.
Posted at 08:33 AM by Howard Bashman

"Post of U.S. attorney may be filled soon; Attention focuses on Thomas O'Brien, chief of the L.A. office's criminal division who formerly worked in the D.A.'s gang unit": The Los Angeles Times today contains an article that begins, "As Congress investigates whether U.S. attorneys across the nation were fired or forced out for political reasons, the Bush administration appears to be poised to nominate a respected career prosecutor as U.S. attorney in Los Angeles."
Posted at 08:32 AM by Howard Bashman

"Witness in Padilla trial tells of time at mosque; A judge will decide whether to allow an ex-con to testify in the Jose Padilla terror trial about his experiences at a Broward County mosque": This article appears today in The Miami Herald.

The South Florida Sun-Sentinel reports today that "Ex-convict testifies at terror trial about knowing Padilla at Sunrise mosque."

And The Los Angeles Times reports that "Ex-con describes activities at Padilla's mosque; The witness appears to surprise prosecutors when he says he also considered training as an Islamic warrior."
Posted at 08:30 AM by Howard Bashman

"Court no help on unequal pay": The St. Petersburg Times today contains an editorial that begins, "Missing from the Supreme Court's sex discrimination ruling on Tuesday was a recognition of the reality of the workplace. A slim 5-to-4 majority essentially slammed the door on future Title VII pay discrimination claims by making the window of time in which to bring those claims unreasonably narrow. Now it is up to Congress to reverse the damage."
Posted at 08:20 AM by Howard Bashman

"Detainee Found Dead Trained With U.S. Forces": This article appears today in The Washington Post.

And today in The Miami Herald, Carol Rosenberg reports that "Guantanamo captive called himself jihadist; A Saudi found dead at Guantanamo was a self-described jihadist, but one who said he didn't seek to kill U.S. soldiers; He once served in the Saudi army."
Posted at 08:17 AM by Howard Bashman

"State Senate OKs Changes for Eminent Domain Laws; Measure Would Strengthen Property-Seizure Restrictions": Today's edition of The Day of New London, Connecticut contains an article that begins, "The state Senate approved an overhaul of Connecticut's eminent-domain laws Thursday night, nearly two years after a U.S. Supreme Court decision upholding the laws triggered nationwide protests and efforts to restrict the rights of government to seize property for private development."
Posted at 08:13 AM by Howard Bashman

"Senators Seek Legal Review of CIA Methods": This article appears today in The Washington Post, along with an editorial entitled "Bad Methods: President Bush's 'alternative' techniques for questioning terrorism suspects have no basis in science or law."

And The Los Angeles Times reports today that "Panel is critical of secret CIA jails; The Senate Intelligence Committee doubts whether the overseas network is in the nation's 'best interests.'"
Posted at 08:09 AM by Howard Bashman

"The Anna Effect: Too much crime, too much sex, not enough reading; This reporter says it's time to make some changes." Dahlia Lithwick has this essay in the June 2007 issue of The American Lawyer.
Posted at 07:55 AM by Howard Bashman

"Wal-Mart Workers' Wage and Hour Suit Valid as Class Action, N.J. Court Says": law.com provides a report that begins, "Hourly employees of Wal-Mart who claim they were forced to work off the clock and to miss rest and meal breaks may pursue a class action suit in New Jersey, the state's Supreme Court said Thursday."

The New York Times reports today that "New Jersey High Court Hands Wal-Mart a Setback."

And The Associated Press reports that "Workers' suit vs. Wal-Mart gets new life."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 07:54 AM by Howard Bashman

"Top lawman is Corzine pick to head court; Attorney General Rabner, at 46, may shape judiciary for generation": The Newark (N.J.) Star-Ledger today contains an article that begins, "Gov. Jon Corzine plans to nominate Attorney General Stuart Rabner for chief justice of the state Supreme Court, a move that could leave a lasting imprint on New Jersey's judiciary, according to four people with direct knowledge of the governor's plans."

And The New York Times reports today that "Attorney General Is Called Corzine's Pick for Top Judge."
Posted at 07:48 AM by Howard Bashman

"Pa. Supreme Court upholds access to jurors' identities": The Philadelphia Inquirer contains this article today.

The Pittsburgh Tribune-Review reports today that "Public has right to know jurors' names, top Pa. court says."

And The Associated Press reports that "State Supreme Court says jurors' names should usually be released."

You can access yesterday's ruling of the Supreme Court of Pennsylvania at this link.
Posted at 07:45 AM by Howard Bashman

"Libby's Lawyers Argue Against Prison as Fitzgerald Seeks 30 Months": This article appears today in The Washington Post.

Today in The New York Times, Neil A. Lewis reports that "Defense Team Asks Leniency From Judge in Libby Case."

In The New York Sun, Josh Gerstein reports that "Libby Lawyers Request He Be Spared Prison Term."

And The Wall Street Journal contains an editorial entitled "Fitzgerald Doubles Down: Prosecutor asks for a sentence based on never-seen evidence" (free access).
Posted at 06:48 AM by Howard Bashman

"Top Lawyer, Under Fire, May Depart": The New York Times today contains an article that begins, "William S. Lerach, one of the most powerful securities class-action lawyers in the nation, is considering plans to leave the law firm he founded three years ago."
Posted at 06:42 AM by Howard Bashman

"Anti-Prostitution Pledge Case To Be Heard": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal appeals court will today weigh whether Congress violated the First Amendment by requiring anti-AIDS groups to pledge that they oppose the legalization of prostitution in order to receive federal funds for work done in other countries. Should the U.S. 2nd Circuit Court of Appeals in Manhattan, which hears oral arguments in the case today, decide the requirement is unconstitutional, judges here would be in disagreement with their counterparts on the appellate bench in the District of Columbia Circuit."

My earlier coverage of that D.C. Circuit ruling from February 2007 can be accessed here.
Posted at 06:33 AM by Howard Bashman

Thursday, May 31, 2007

"The Supreme Court: Their majesties." This book-related article appears in the current issue of The Economist.
Posted at 10:42 PM by Howard Bashman

Just how difficult is it to obtain rehearing en banc from the U.S. Court of Appeals for the Second Circuit? This order issued today denying rehearing en banc, accompanied by both a concurring and a dissenting opinion, sheds further light on the issue.
Posted at 10:40 PM by Howard Bashman

"Libby Seeks Probation in CIA Leak Case": The Associated Press provides this report. The blog "TalkLeft" has posted the defendant's two sentencing memoranda here and here.
Posted at 09:10 PM by Howard Bashman

"In a case involving a variance of this magnitude, we hold that, whatever latitude a sentencing court may have to adjust a defendant's sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose sentence, instead, on the basis of evidence of the defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future." On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, Judge Michael W. McConnell today issued a decision that begins:

Leroy Eric Allen pleaded guilty to a single count of possession of methamphetamine with intent to distribute. That crime carries a statutory minimum punishment of ten years imprisonment and a maximum of life. The district court sentenced Mr. Allen to 360 months imprisonment, which is more than two-and-a-half times the top end of the Sentencing Guidelines' recommended range. The district court based its sentencing decision on certain extreme facts that came to light during the investigation of Mr. Allen--namely, his professed desire to rape and murder young girls and the possible steps he took toward achieving those ends. Indeed, the district court gave Mr. Allen the sentence he would have received had he been convicted by a jury of solicitation of murder or attempted sexual abuse and abduction of a child. We hold that, although the sentencing court may consider Mr. Allen's unrelated, non-charged conduct in fashioning a sentence, the magnitude of the variance in this case and the way it was calculated were unreasonable. We therefore vacate the sentence and remand for resentencing.

You can access the complete ruling at this link.
Posted at 09:04 PM by Howard Bashman

"Murder term again a possibility for woman in S.F. dog-mauling death": Bob Egelko of The San Francisco Chronicle provides this news update.

And The Associated Press reports that "Court to Reconsider Dog Mauling Verdict."

You can access today's ruling of the Supreme Court of California in People v. Knoller at this link.
Posted at 08:55 PM by Howard Bashman

Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Pfizer seeks swift patent protection" and "Circuit Court allows war crimes trials to begin."
Posted at 08:45 PM by Howard Bashman

"Claiborne death reported": Lyle Denniston has this post at "SCOTUSblog."

And Law Professor Doug Berman has this post at the "Sentencing Law and Policy" blog.
Posted at 12:50 PM by Howard Bashman

Rita lives; Claiborne, apparently not so much: As The St. Louis Post-Dispatch reports here today, Mario Claiborne apparently will be unable to benefit from the U.S. Supreme Court's ruling in his case challenging application of the U.S. Sentencing Guidelines. Thanks to Doug Berman of the "Sentencing Law and Policy" blog for bringing this to my attention.
Posted at 11:44 AM by Howard Bashman

"Court Upholds $2.8M Iran Terrorism Claim": The Associated Press provides a report that begins, "The brother of an Iranian terrorism victim can collect $2.8 million from a California company that owes Iran for a canceled weapons shipment, a federal appeals court ruled Wednesday."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:54 AM by Howard Bashman

"Forum asks: Does money sway judges?" The Philadelphia Inquirer today contains an article that begins, "With two seats on the Pennsylvania Supreme Court up for grabs in November, judicial campaigns are gearing up for an expensive fall race."
Posted at 10:50 AM by Howard Bashman

Sixth Circuit rejects Commerce Clause challenge that satellite TV providers asserted against Kentucky laws giving tax relief only to cable TV providers: You can access today's ruling at this link.
Posted at 10:45 AM by Howard Bashman

"Jurists not swayed on police privacy rights; State high court suggests the law allows for the disclosure of an officer's name and salary, but seems divided over releasing hiring records": Maura Dolan has this article today in The Los Angeles Times.
Posted at 08:47 AM by Howard Bashman

"Welles' daughter could get profit from 'Kane'; An appeals court rules that she may be entitled to home video rights for the filmmaker's classic": The Los Angeles Times contains this article today.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link (first item).
Posted at 08:44 AM by Howard Bashman

"A Matter of Time: The Supreme Court limits lawsuits on pay discrimination; Congress should respond." This editorial appears today in The Washington Post.

The New York Times today contains an editorial entitled "Injustice 5, Justice 4."

And The Los Angeles Times contains an editorial entitled "Life vs. the law: By reading statutes too rigidly in rendering opinions, the Supreme Court can be in denial of reality."
Posted at 08:30 AM by Howard Bashman

"S.C. to Rule on Suit Alleging Price Discrimination Against Men; Justices Agree to Decide Whether Demand for Equal Treatment Is Prerequisite to Litigation": In the October 20, 2005 issue of Metropolitan News-Enterprise, Kenneth Ofgang had an article that begins, "The California Supreme Court yesterday agreed to decide whether a patron who claims that a business charged a discriminatory price or fee based on gender is barred from suing if the patron did not demand equal treatment at the time."

The Supreme Court of California's decision in Angelucci v. Century Supper Club is scheduled to issue at 1 p.m. eastern time today.

The web sites of Lambda Legal, the ACLU of Northern California, and Pacific Legal Foundation all provide some coverage of the case.
Posted at 08:15 AM by Howard Bashman

"The justice reaches civics": Today in The Washington Times, Suzanne Fields has an op-ed that begins, "Sandra Day O'Connor describes herself as a 'product of the last century,' but she's determined to be an up-to-date grandmother. She retired from the Supreme Court a little more than a year ago and often watches her grandchildren playing on their computers. Inspired, she wants to harness this revolutionary instrument to teach kids the nuts and bolts of democracy."
Posted at 08:07 AM by Howard Bashman

"Blogger unmasked, court case upended": This very interesting article appears today in The Boston Globe.
Posted at 08:00 AM by Howard Bashman

"Plaintiff Lawyer to Quit His Firm; Lerach Represented Enron Shareholders": The Washington Post today contains an article that begins, "Plaintiff lawyer William S. Lerach, who has brought scores of cases on behalf of defrauded shareholders, has told clients and others that he is leaving the California law firm he started three years ago, according to two people briefed on the issue."
Posted at 07:55 AM by Howard Bashman

"Justice Dept. Expands Probe To Include Hiring Practices": The Washington Post contains this article today.

The Los Angeles Times today contains articles headlined "Minnesota case fits pattern in U.S. attorneys flap; A prosecutor apparently targeted for firing had supported Native American voters' rights" and "Probe of Justice Department hiring expands; The effort aims to see whether politics were injected into employment decisions at the civil rights unit."

In The Boston Globe, Charlie Savage reports that "Justice Dept. probes its hirings; Investigating for bias toward conservatives."

And USA Today reports that "Justice Dept. expands probe to hirings."
Posted at 07:50 AM by Howard Bashman

"Death of Guantanamo Detainee Is Apparent Suicide, Military Says": This article appears today in The Washington Post.

The New York Times reports today that "Detainee Found Dead in Guantanamo Cell."

And Carol Rosenberg of The Miami Herald reports that "Guantanamo captive commits suicide in cell; Almost a year after three captives at Guantanamo Bay hanged themselves, a Saudi man was found dead in his cell; U.S. authorities said it was suicide."
Posted at 07:48 AM by Howard Bashman

"Big Disparities in Judging of Asylum Cases": The New York Times today contains an article that begins, "Asylum seekers in the United States face broad disparities in the nation's 54 immigration courts, with the outcome of cases influenced by things like the location of the court and the sex and professional background of judges, a new study has found."

The law review article that is the subject of this news report is titled "Refugee Roulette: Disparities in Asylum Adjudication," and you can access it online from SSRN (abstract with link for download).
Posted at 07:35 AM by Howard Bashman

In commentary available online from FindLaw: Marci Hamilton has an essay entitled "States Move to Enact Laws Allowing the Death Penalty for Pedophiles: A Good Sign with Respect to Public Dedication to Protecting Children, But Potentially Not the Most Effective Way to Do So."

And Joanna Grossman has an essay entitled "The Fortieth Anniversary of Loving v. Virginia: The Personal and Cultural Legacy of the Case that Ended Legal Prohibitions on Interracial Marriage."
Posted at 07:25 AM by Howard Bashman

Wednesday, May 30, 2007

"Hundreds of inmate terms at stake in 2 cases in S.F.; Justices weigh judges' sentencing power after U.S. high court ruling": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 11:22 PM by Howard Bashman

"The Attack Ads Will Come to Order": Today in The Washington Post, columnist Ruth Marcus has this judicial election-related op-ed.
Posted at 10:58 PM by Howard Bashman

"From Jail, a Panhandler Fights New York's Loitering Law as a Violation of Free Speech": This article appears today in The New York Times.
Posted at 10:44 PM by Howard Bashman

"Interrogation Methods Are Criticized": The New York Times today contains an article that begins, "As the Bush administration completes secret new rules governing interrogations, a group of experts advising the intelligence agencies are arguing that the harsh techniques used since the 2001 terrorist attacks are outmoded, amateurish and unreliable."
Posted at 10:40 PM by Howard Bashman

"Pakistan's Suspended Justice Tells of Facing Down Musharraf": This article appears today in The New York Times.

And The Washington Post reports today that "Ousted Pakistani Judge Describes Confrontation."
Posted at 10:35 PM by Howard Bashman

"Oral Dissents Give Justice a New Voice": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 10:25 PM by Howard Bashman

"The High Court Lays an Anonymous Egg": Syndicated columnist James J. Kilpatrick has this essay today.
Posted at 09:25 PM by Howard Bashman

"Drug Risks and Free Speech -- Can Congress Ban Consumer Drug Ads?" Miriam Shuchman, M.D. has this essay online at The New England Journal of Medicine.
Posted at 09:10 PM by Howard Bashman

"Justice Department investigators broaden their inquiry": McClatchy Newspapers provide this report.
Posted at 09:08 PM by Howard Bashman

"Dictum, Judicial Modesty, and Judicial Efficiency": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 09:05 PM by Howard Bashman

"Commentary: Cameras and inter-branch comity." Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:53 PM by Howard Bashman

"Bad Think: The Supreme Court mixes up intending to screw over your employee and actually doing it." Law Professor Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 08:17 PM by Howard Bashman

The Associated Press is reporting: An article headlined "Foster Parents in Custody Fight Appeal" begins, "The U.S. Supreme Court has been asked to hear the case of an American couple trying to prevent an 8-year-old girl they raised since infancy from being returned to her Chinese parents."

And an article headlined "Accused Madam's Delay Request Is Denied" begins, "The Supreme Court on Wednesday denied a request to delay the criminal case against a woman accused of running a prostitution ring in the nation's capital."
Posted at 08:15 PM by Howard Bashman

"Breyer shares wit, wisdom; During Albany lecture, U.S. Supreme Court associate justice praises key role of Constitution": The Times Union of Albany, New York contains this article today.
Posted at 08:05 PM by Howard Bashman

"'De facto' parent's visitation on trial; High court to hear plea of ex-partner to see adopted girl": This article appears today in The Baltimore Sun.
Posted at 08:02 PM by Howard Bashman

"Repeal likely for abortion law; Parental notification gets a terse hearing": The Concord (N.H.) Monitor today contains an article that begins, "Next week, the debate over the state's parental-notification law could draw to a close. Several months after the House voted to repeal the contested statute - which the U.S. Supreme Court rejected last year - the Democratic-controlled Senate appears likely to follow suit. Gov. John Lynch has said that he would sign the bill."
Posted at 08:00 PM by Howard Bashman

"Daughter of Supreme Court justice pleads guilty to DUI": The Chicago Tribune provides this news update.
Posted at 07:54 PM by Howard Bashman

U.S. Court of Appeals for the First Circuit holds that the State of New Hampshire cannot prevent national banks and national thrifts from selling giftcards that carry expiration dates or are subject to administrative fees: You can access today's ruling at this link.
Posted at 04:58 PM by Howard Bashman

"Justice Dept. probe expanded on hiring practices": Reuters provides this report.
Posted at 04:50 PM by Howard Bashman

"Joint Effort: Sens. Webb, Warner Are Right To Work Together." Yesterday's issue of The Daily News Record of Harrisonburg, Virginia contained an editorial that begins, "Whether the Senate can agree to a bipartisan deal on immigration reform is up in the air but, hopefully, Virginia's two senators can agree to a bipartisan deal about circuit court judges."
Posted at 04:48 PM by Howard Bashman

"Suit seeks $5,000 in damages from Wal-Mart over vomit incident": The Quad-City Times of Davenport, Iowa contains this article today.
Posted at 04:28 PM by Howard Bashman

"Democrats Seek to Overturn Pay Ruling": Jesse J. Holland of The Associated Press provides a report that begins, "Congressional Democrats said Wednesday they would try to reverse a Supreme Court decision that limits the time that workers have to sue their employers for pay discrimination."
Posted at 04:23 PM by Howard Bashman

"The SEC, the Supreme Court, and Enron": This post appears today at "The Harvard Law School Corporate Governance Blog."
Posted at 03:50 PM by Howard Bashman

"Eighth Circuit Adds to Circuit Split on Reassignment": At his "Disability Law" blog, Law Professor Sam Bagenstos has a post that begins, "Today, in Huber v. Wal-Mart Stores, the Eighth Circuit ruled that the ADA requires that an employee with a disability be reassigned to a vacant position as an accommodation only if the employee is the most qualified applicant for that position. This decision adds to a longstanding circuit split on the question."
Posted at 02:35 PM by Howard Bashman

Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: The court issued three rulings of note today.

1. The daughter of Orson Welles sued Turner Entertainment and others seeking a declaratory judgment that she owns the copyright and home video rights to the motion picture "Citizen Kane." The federal district court granted summary judgment in favor of the defendants on all claims. Today, in a decision that you can access here, the Ninth Circuit has reinstated Beatrice Welles's claim for profit participation.

2. "The majority finds appellate jurisdiction in this case only by mistakenly assuming that if any issue decided by the district court is subject to interlocutory appeal, any other issue decided in the same order can also be reached on interlocutory appeal." So begins a dissenting opinion that Senior Circuit Judge A. Wallace Tashima issued today. You can access the Ninth Circuit's 2-1 ruling in the case at this link.

3. Finally, the Administrative Office of the U.S. Courts might wish to adjust its revenue projections to reflect that it won't be receiving a $25 processing fee to offset the costs of managing petty offense cases in the federal courts if the petty offense in question resulted from a traffic ticket at the Fort Lewis Army Base. You can access today's ruling at this link.
Posted at 02:23 PM by Howard Bashman

"Senators Should Reject Bush's Latest Nominee to 5th Circuit": The organization People For the American Way issued this statement today.
Posted at 11:33 AM by Howard Bashman

"Justices' Ruling Limits Suits on Pay Disparity": Linda Greenhouse has this article today in The New York Times. And Steven Greenhouse reports that "Experts Say Decision on Pay Reorders Legal Landscape."

Today in The Washington Post, Robert Barnes has a front page article headlined "Over Ginsburg's Dissent, Court Limits Bias Suits." Barnes will host an online chat about the ruling online at washingtonpost.com at 1 p.m. eastern time today.

In The Los Angeles Times, David G. Savage reports that "Only fresh bias counts, court rules; A divided Supreme Court says years-old evidence of job discrimination cannot be the basis of a lawsuit."

In USA Today, Joan Biskupic has articles headlined "Time limit put on pay-bias lawsuits; Divided court rules claims must be filed within 180 days" and "Alito, Ginsburg opinions highlight court's division; Business groups hail ruling that civil rights activists say is setback."

The Chicago Tribune reports that "Justices restrict pay bias lawsuits; Split Supreme Court rules for employers."

The Richmond Times-Dispatch reports that "Employee loses pay bias case; Supreme Court rules 5-4 that the worker waited too long to complain."

law.com's Tony Mauro reports that "Supreme Court Limits Time Frame for Filing EEOC Claims."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Supreme Court Sets Limits on Sex Discrimination Suits."
Posted at 09:33 AM by Howard Bashman

Tuesday, May 29, 2007

"Maraman tapped for high court": Wednesday's edition of The Pacific Daily News of Guam contains an article that begins, "Superior Court of Guam Judge Katherine Maraman yesterday was nominated to the Supreme Court of Guam, to fill the seat vacated by former Associate Justice Frances Tydingco-Gatewood."
Posted at 11:45 PM by Howard Bashman

"Back to the States: The road ahead on partial-birth abortion." Edward Whelan has this essay today at National Review Online.
Posted at 11:05 PM by Howard Bashman

Seventh Circuit posts online the audio file of last week's memorial service for Circuit Judge. Thomas E. Fairchild: You can access the audio file via this link (mp3 format). My earlier coverage appeared at this link.
Posted at 11:02 PM by Howard Bashman

Sixth Circuit reinstates portion of lawsuit in which husband claims that credit card company was responsible for his wife's suicide: You can access today's ruling at this link.
Posted at 10:37 PM by Howard Bashman

"Let federal judges use judgment in sentencing; Sioux City case highlights iron-fisted rules": This editorial appears today in The Des Moines Register.
Posted at 10:30 PM by Howard Bashman

U.S. Court of Appeals for the D.C. Circuit rejects argument that the Deficit Reduction Act of 2005 is invalid because the bill that was presented to the President did not first pass both chambers of Congress in the exact same form: You can access today's ruling at this link.

Public Citizen's lawsuit had claimed that "the statute's enactment did not comport with the bicameral passage requirement of Article I, Section 7 of the Constitution, because the version of the legislation that was presented to the House contained a clerk's error with respect to one term, so the House and Senate voted on slightly different versions of the bill and the President signed the version passed by the Senate."
Posted at 10:20 PM by Howard Bashman

"Court decides equal pay issue, grants 4 cases": Lyle Denniston had this post earlier today at "SCOTUSblog."

You can access today's U.S. Supreme Court Order List at this link.
Posted at 10:11 PM by Howard Bashman

"Justices Limit Discrimination Suits Over Pay": Linda Greenhouse of The New York Times provides this news update.

Robert Barnes of The Washington Post provides a news update headlined "Supreme Court Limits Pay Discrimination Suits; Justices Back 180-Day Deadline for Claims."

David G. Savage of The Los Angeles Times provides a news update headlined "High court narrows rules for claims of unfair pay."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court restricts time limits on filing discrimination complaints."

Patti Waldmeir of Financial Times reports that "US court backs limit on equal-pay suits."

law.com's Tony Mauro reports that "Supreme Court Limits Time Frame for Filing EEOC Claims."

Mark Sherman of The Associated Press reports that "Court Limits Lawsuits for Pay Bias."

James Vicini of Reuters provides a report headlined "Pay bias cases face 6-month limits: Supreme Court."

Greg Stohr of Bloomberg News reports that "Worker Job-Bias Claims Limited by U.S. Supreme Court."

MarketWatch reports that "Supreme Court rules 5-4 for Goodyear in pay lawsuit."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Limits Discrimination Cases" (RealPlayer required).

And today's broadcast of NPR's "Day to Day" contained an audio segment entitled "High Court Rules on Discrimination Case" (RealPlayer required) featuring Dahlia Lithwick.

In today's U.S. Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074, Justice Samuel A. Alito, Jr. issued the majority opinion, in which the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined.
Posted at 09:03 PM by Howard Bashman

Programming note: One week from today, the Superior Court of Pennsylvania will hear oral argument in the In re Mary and Emanuel Rosenfeld Foundation Trust appeal, a quite interesting case involving the imposition of a surcharge against trustees of a charitable trust for failure to diversify the trust's holdings from the assets used to create the trust. As co-counsel for appellants in that case, today I'm engaging in oral argument preparations away from my office.

You can access online both the Brief for Appellants and the decision that is the subject of the appeal.

Additional posts will appear online here later today. For timely coverage of today's U.S. Supreme Court opinions and orders, I recommend visiting "SCOTUSblog."
Posted at 08:22 AM by Howard Bashman

"Can What You're Reading Prove Intent to Commit a Crime?" Today's installment of my "On Appeal" essay for law.com can be accessed here.
Posted at 07:25 AM by Howard Bashman

"Southwick: Delays smack of politics, posturing." This editorial appears today in The Clarion-Ledger of Jackson, Mississippi.

Also in today's newspaper, columnist Eric Stringfellow has an op-ed entitled "Must the 'status quo' process continue on judicial nominees?"
Posted at 06:55 AM by Howard Bashman

"Where's the beef?" Today in The Washington Times, David B. Rivkin Jr. and Lee A. Casey have an op-ed that begins, "It is obvious by now that the U.S. Attorney 'scandal' is no scandal at all."
Posted at 06:44 AM by Howard Bashman

"Say no to home wreckers: Since a Supreme Court case ruled against homeowners in 2005, protections against eminent domain abuse are making their way to the ballot." This editorial appears today in The Los Angeles Times.
Posted at 06:30 AM by Howard Bashman

"SEC's Allegiances Are Put to Test: In Enron Case, Agency Is Under Pressure to Side With Investors and Allies." The Wall Street Journal today contains an article (free access) that begins, "When the Securities and Exchange Commission files a brief in legal disputes, it is usually a nonevent. But the cases usually don't involve Enron Corp."
Posted at 06:14 AM by Howard Bashman

Monday, May 28, 2007

"How Is Justice Roberts Like Professor Plum?" Robert Barnes will have this article Tuesday in The Washington Post.
Posted at 10:57 PM by Howard Bashman

"Leaked phone-call case could cost McDermott $1 million": This article appears today in The Seattle Post-Intelligencer.
Posted at 10:08 PM by Howard Bashman

"The others on trial in Padilla case: The terror case against two of Jose Padilla's codefendants hinges on secretly recorded calls." Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 08:17 PM by Howard Bashman

"Exonerated by DNA, guilty in official's eyes; High court hopeful's view troubles critics": This article appears today in The Chicago Tribune.
Posted at 04:50 PM by Howard Bashman

"Abortion decision could pave way for more restrictions": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 04:42 PM by Howard Bashman

"Judge in Padilla Case Draw Praise": The Associated Press provides this report.
Posted at 04:27 PM by Howard Bashman

"Supreme Court Reaches Landmark 'It Depends' Ruling": The Onion today provides an article that begins, "In a landmark 8-1 decision, an uncharacteristically subdued Supreme Court ruled 'it depends' in the case of Panetti v. Quarterman, leaving the issue of executing the mentally ill completely open-ended."

Actual U.S. Supreme Court decisions in argued cases are due to issue once again tomorrow.
Posted at 04:05 PM by Howard Bashman

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Legal Blawgs Web Archive Collection