How Appealing

Thursday, July 05, 2007

Seventh Circuit holds that U.S. Supreme Court's recent ruling in United States v. Gonzalez-Lopez that an erroneous failure to allow a defendant's chosen lawyer to represent him at trial violates the Constitution without regard to consequences does not apply retroactively on habeas review: Chief Judge Frank H. Easterbrook today issued this interesting opinion on behalf of a unanimous three-judge panel.
Posted at 02:40 PM by Howard Bashman

"Wasserstein Sells American Lawyer Unit": The Associated Press provides this report.

Reuters reports that "Incisive Media to buy Wasserstein's ALM for $630 million."

And Bloomberg News reports that "Wasserstein to Sell American Lawyer for $630 Million."
Posted at 02:20 PM by Howard Bashman

"Ninth Circuit to Make Judicial History with First Panel of Hispanic Judges": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued a news release that begins, "The United States Court of Appeals for the Ninth Circuit will make judicial history next week when an appellate panel consisting of three judges of Hispanic descent hears oral arguments in Seattle. It will be the first all-Hispanic panel to sit in any of the nation's federal courts of appeal since they were established in 1891."

According to the news release, "Appellate panels are drawn randomly and there has been the possibility of an all-Hispanic panel in the Ninth Circuit since 1998. The U.S. Court of Appeals for the Fifth Circuit has had at least three judges of Hispanic descent since 1994, but has not drawn an all-Hispanic panel yet."
Posted at 02:14 PM by Howard Bashman

"Parents don't need lawyers to fight for special-ed help; Ruling levels the field in school lawsuits": This front page article appears today in The Houston Chronicle.
Posted at 02:08 PM by Howard Bashman

"Polarizing Campaign Finance Law": Stuart Taylor Jr. has this essay in this week's issue of National Journal.
Posted at 11:40 AM by Howard Bashman

You can catch the Federal Circuit on tour this October in New York City: Don't yet know whether they'll be playing at Madison Square Garden or perhaps Yankee Stadium, but Federal Circuit roadies should be ready for this October's trip to the Big Apple. You can access a chart showing the dates and locations of the court's sessions outside of Washington, D.C. by clicking here.
Posted at 11:38 AM by Howard Bashman

"This case once again presents an issue concerning the scope of prosecution history estoppel under the doctrine of equivalents. The case has been pending for almost twenty years and has been before the Supreme Court twice and before us twice en banc." With a case name as enjoyable as Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., who would ever wish to see the litigation come to an end? Apparently not Festo Corp. whose appeal has today produced this ruling from a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit.
Posted at 11:33 AM by Howard Bashman

"This appeal concerns a First Amendment challenge to an eighth-grade student's suspension for sharing with friends via the Internet a small drawing crudely, but clearly, suggesting that a named teacher should be shot and killed." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:25 AM by Howard Bashman

"Incisive Media to acquire ALM": Incisive Media issued this press release today.

And WSJ.com's "Law Blog" provides a post titled "American Lawyer Media Sold to U.K. Firm for $630 Million."
Posted at 10:42 AM by Howard Bashman

"Chinese Judge: Death Sentencing Uneven." The Associated Press provides this report.
Posted at 10:22 AM by Howard Bashman

"The Right to Spend": Law Professor Jeffrey Rosen will have this "The Way We Live Now" essay (TimesSelect temporary pass-through link) about the future of the McCain-Feingold law in this upcoming Sunday's issue of The New York Times Magazine.
Posted at 10:18 AM by Howard Bashman

"A kick in the pants: Maybe the missing-trousers case was so compelling because it was more than just another frivolous lawsuit." This editorial appears today in The Los Angeles Times.
Posted at 08:40 AM by Howard Bashman

"Frisking away our freedoms": The St. Petersburg Times today contains an editorial that begins, "Fans of the Tampa Bay Buccaneers are asked to pay a lot of money and sit in the hot Florida sun to root for a team that has disappointed them in recent seasons. They shouldn't also have to give up their privacy and dignity as the price of admission."
Posted at 08:33 AM by Howard Bashman

"The Sky Isn't Falling: Experience may be trumping hysteria over gay marriage." The Washington Post contains this editorial today.
Posted at 08:25 AM by Howard Bashman

"Challenge to Lynn's race policy is revived; High court buoys foes of school transfer rule": This article appears today in The Boston Globe.
Posted at 08:20 AM by Howard Bashman

"The Court Returns To Brown": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 08:15 AM by Howard Bashman

"Worker sues over co-worker's perfume; City planner contends Detroit should prohibit people from wearing scents in the workplace": Yesterday's edition of The Detroit News contained an article that begins, "An employee in the Detroit planning department filed a federal lawsuit against the city Tuesday, alleging her co-worker's strong perfume has made it impossible for her to do her job."
Posted at 07:45 AM by Howard Bashman

"Justice Denied": The New York Times today contains an editorial that begins, "In the 1960s, Chief Justice Earl Warren presided over a Supreme Court that interpreted the Constitution in ways that protected the powerless -- racial and religious minorities, consumers, students and criminal defendants. At the end of its first full term, Chief Justice John Roberts's court is emerging as the Warren court's mirror image. Time and again the court has ruled, almost always 5-4, in favor of corporations and powerful interests while slamming the courthouse door on individuals and ideals that truly need the court's shelter."
Posted at 07:40 AM by Howard Bashman

"Justice Thomas carries the day: The only African-American on the Supreme Court is often a quiet presence on the bench; Yet as evidenced in the court's ruling on desegregation last week, his conservative voice on civil rights issues is loud and unmistakable." Tony Mauro has this op-ed today in USA Today.
Posted at 06:45 AM by Howard Bashman

"President Bush's Decision to Commute Scooter Libby's Sentence: Why It's Indefensible, Even if One Agrees with Republican Critiques of the Sentence." Edward Lazarus has this essay online today at FindLaw.
Posted at 06:40 AM by Howard Bashman

Wednesday, July 04, 2007

"Bush Says He's Not Ruling Out Pardon for Libby; President Defends Commutation of Prison Sentence": Amy Goldstein and Robert Barnes have this article today in The Washington Post. In addition, columnist Robert D. Novak has an op-ed entitled "Arm's-Length Leniency." And Dana Milbank's "Washington Sketch" column is headlined "Through the Looking Glass, Darkly."

The New York Times reports today that "Bush Is Said to Have Held Long Debate on Decision."

The Boston Globe reports that "Bush not ruling out a pardon for Libby; Defends 'very difficult' commutation decision."

The Los Angeles Times contains an editorial entitled "Lucky Libby: Martha Stewart, even Paris Hilton, served time. But there's the rule of law -- and the rules of Bush."

The St. Petersburg Times contains an editorial entitled "Weakened president's defiant 'compromise.'"

And in The Atlanta Journal-Constitution, columnist Cynthia Tucker has an op-ed entitled "If Libby were lowly, he'd be doing time."
Posted at 10:57 PM by Howard Bashman

"Which side is Brown vs. Board on? Its legal history can't provide absolutes in the search for racial justice." Law Professor Kenneth W. Mack has this op-ed today in The Los Angeles Times.
Posted at 10:44 PM by Howard Bashman

"Revised lethal injection plan assailed; Lawyers for death row inmate Michael Morales say a revised protocol for executing convicts is 'even more ill-conceived' than previous versions": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 10:35 PM by Howard Bashman

Available online from law.com: An article reports that "Wage Disputes Over Donning Gear Fuel Suits."

And in other news, "Former Milberg Weiss Partner Refutes 'Honest Services' Charges."
Posted at 10:30 PM by Howard Bashman

"ACLU files lawsuit to remove Jesus icon; First Amendment cited in Slidell dispute": The Times-Picayune of New Orleans today contains an article that begins, "A portrait of Jesus Christ that hangs in the lobby of Slidell City Court violates the First Amendment to the U.S. Constitution and its mandate calling for the separation of church and state, according to a federal lawsuit filed Tuesday by the Louisiana ACLU."
Posted at 08:34 PM by Howard Bashman

"Fed Up With War, Some Won't Pay Taxes": The Associated Press provides this report.
Posted at 08:30 PM by Howard Bashman

"Law's creator wants Wilson freed; Argue to high court: Ex-legislator to join fight for Douglas County man." Today's edition of The Atlanta Journal-Constitution contains an article that begins, "An author of the law that resulted in a teenager getting a 10-year prison sentence for a consensual sex act said Tuesday he is joining the legal fight to free the teen."

And a related news update is headlined "Sharpton joins efforts to free Genarlow Wilson."
Posted at 08:25 PM by Howard Bashman

"Another era of willful white ignorance": Today in The Boston Globe, columnist Derrick Z. Jackson has an op-ed that begins, "On this day of red, white, and blue, opportunity is black and blue. By throwing out the voluntary desegregation plans of Seattle and Louisville, the Reagan-Bush wing of the Supreme Court officially ended a second Reconstruction."
Posted at 08:15 PM by Howard Bashman

"Linda Greenhouse, Looking Closely at the Supreme Court": This audio segment (RealPlayer required) appeared on Monday's broadcast of the public radio program "Fresh Air from WHYY."
Posted at 08:10 PM by Howard Bashman

"Judge socks it to a Napa school's dress code; Tigger or other such decoration OK as student expression": Bob Egelko has this article today in The San Francisco Chronicle.

And The Napa Valley Register reports today that "Judge skeptical of Redwood dress code; Preliminary ruling in ‘Tigger’ case favors families seeking to topple Napa school’s clothing restrictions."
Posted at 05:24 PM by Howard Bashman

"Unfree Speech": Today in The Washington Post, columnist Robert J. Samuelson has an op-ed that begins, "The Fourth of July is an apt moment to reflect on one of the great underreported stories of our time: the rise of speech regulation."
Posted at 05:20 PM by Howard Bashman

"Bush's Supreme Moment": Columnist Ruth Marcus has this op-ed today in The Washington Post.
Posted at 05:12 PM by Howard Bashman

"Scientist Presses Case For Reporters' Sources; Plaintiff Was Called 'Person of Interest'": The Washington Post today contains an article that begins, "Lawyers for former Army scientist Steven J. Hatfill urged a judge yesterday to order several journalists to disclose the names of law enforcement sources who leaked details of the investigation of Hatfill in the 2001 anthrax attacks."
Posted at 05:10 PM by Howard Bashman

"The 2008 Election and the Supreme Court": Columnist Robin Toner has this essay online today at the web site of The New York Times.
Posted at 04:44 PM by Howard Bashman

"Libby's sentence not unusually long; Though Bush calls the 30-month prison term 'excessive,' records show defendants convicted of similar crimes served jail time": Richard B. Schmitt and David G. Savage have this article today in The Los Angeles Times.
Posted at 10:00 AM by Howard Bashman

Tuesday, July 03, 2007

In Wednesday's issue of The New York Times: Adam Liptak will have an article headlined "Bush Rationale on Libby Stirs Legal Debate" that begins, "In commuting I. Lewis Libby Jr.'s 30-month prison sentence on Monday, President Bush drew on the same array of arguments about the federal sentencing system often made by defense lawyers -- and routinely and strenuously opposed by his own Justice Department."

And Neil A. Lewis will have an article headlined "2 Senators Accuse Judge of Misleading Committee" that begins, "Senate Democrats have complained that a federal appeals court judge may have misled them at his confirmation hearings when he said he had no role in formulating detention policy when he was an official in the Bush White House."
Posted at 11:00 PM by Howard Bashman

"Skeptical jury awards just $2 for parents' pain over son's improper removal by state; But 1999 incident helped change family-rights laws": This article appears today in The Salt Lake Tribune.

And The Deseret Morning News reports today that "Trauma suit against state yields an award of $2."
Posted at 08:54 PM by Howard Bashman

"Pregnant and poor in Mississippi: Mississippi law limits abortion to the first 12 weeks of pregnancy; But for poor women short on time and money, that can be an impossible deadline." Sharon Lerner has this essay online at Salon.
Posted at 08:45 PM by Howard Bashman

"The Quality of Mercy Is Strained: Bush commutes Libby's sentence, while his lawyers come down hard on everyone else." Harlan J. Protass has this essay online at Slate.

Meanwhile, at National Review Online, you can access an editorial entitled "Appropriate Presidential Mercy." And Byron York has an essay entitled "Why Bush Saved Libby: Sure it’s controversial; But it’s what presidents do."

And online at Salon, Sidney Blumenthal has an essay entitled "Bush and Cheney walk, too: Even as the president confesses that Scooter Libby engaged in a cover-up -- after all, that was the verdict -- he completes the ultimate obstruction of justice in the Plame affair."
Posted at 08:33 PM by Howard Bashman

The Associated Press is reporting: An article headlined "Court: Mental Anguish Awards Are Taxable" reports on a ruling on panel rehearing that a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. My earlier coverage of that ruling appears here.

And in other news, "Legal Confusion Follows Libby Decision"; "ACLU Sues City Over Jesus Painting"; and "Padilla Expert Admonished for Interview."
Posted at 05:54 PM by Howard Bashman

"Race in Schools Court Ruling": This audio segment (available in both RealPlayer and Windows Media Player formats) appeared on yesterday's broadcast of the public radio program "On Point."

And today's broadcast of the public radio program "Here & Now" contained an audio segment entitled "School Assignments and Income" (RealPlayer required).
Posted at 03:33 PM by Howard Bashman

Available online from National Public Radio: Today's broadcast of "Day to Day" contained an audio segment entitled "Bush's Action on Libby: Legal Implications" featuring Dahlia Lithwick.

And today's broadcast of "Morning Edition" contained audio segments entitled "President Bush Commutes Libby's Sentence" and "Wilson Lambastes White House on Libby Case."

RealPlayer is required to launch these audio segments.
Posted at 03:15 PM by Howard Bashman

"Bush spares Libby from prison; Cheney's former aide won't have to serve his 30-month sentence, but he's not pardoned in the CIA leak case": David G. Savage and Richard B. Schmitt have this article today in The Los Angeles Times. The newspaper also contains a news analysis headlined "Bush's move cheers conservative base; The president's decision to spare Libby prison time stirs outrage but, perhaps more crucially, gratifies conservatives."

Today in The New York Times, Scott Shane and Neil A. Lewis report that "Bush Commutes Libby Sentence, Saying 30 Months 'Is Excessive.'" Adam Liptak reports that "Commutation Doesn't Equal a Full Pardon." And columnist David Brooks has an op-ed entitled "Ending the Farce" (TimesSelect temporary pass-through link).

The Washington Post contains articles headlined "Bush Commutes Libby's Prison Sentence"; "A Decision Made Largely Alone"; and "Scooter Libby's Pals, Trusting In Providence." In addition, the newspaper contains an editorial entitled "Too Much Mercy: Scooter Libby's prison sentence was excessive, but so is President Bush's commutation."

The Boston Globe reports that "Bush spares Libby from prison sentence; GOP allies applaud; Democrats outraged."

The San Francisco Chronicle contains an article headlined "What the decision on Libby means for White House: Bush commutes sentence, but lets fine stand." And an editorial is entitled "Trumping the rule of law."

The Washington Times reports that "Bush commutes Libby's prison sentence."

USA Today contains articles headlined "Dems lash out on Libby decision; Bush voids jail term; political rift heats up" and "Dems, Republicans at odds over Libby's commutation; 'Even Paris Hilton had to go to jail,' Illinois senator says."

In The New York Sun, Josh Gerstein reports that "Bush Calls a Halt to Jailing of Libby; Commutes Sentence After Rebuff by Appeals Court." In addition, the newspaper contains an editorial entitled "Bush's Clemency."

Finally, The Wall Street Journal contains an editorial entitled "Bush and Libby: The commutation is a profile in non-courage" (free access).
Posted at 03:03 PM by Howard Bashman

"Cert. Petition Filed in Indiana Voter ID Case": Law Professor Rick Hasen has this post at his "Election Law" blog. Rick's post also provides a link to the cert. petition.
Posted at 02:23 PM by Howard Bashman

Divided three-judge Ninth Circuit panel holds that defendants which continue to process credit card payments to websites that infringe Perfect 10's intellectual property rights after being notified of that infringement are not secondarily liable under federal copyright and trademark law: Another day, another nude photo-copyright and trademark ruling from the Ninth Circuit. You can access today's ruling at this link. Circuit Judge Alex Kozinski has issued a spirited dissent from the ruling.
Posted at 01:40 PM by Howard Bashman

"Raiders denied retrial in NFL case; Team lawyer calls ruling 'incomprehensible'": The Oakland Tribune today contains an article that begins, "It appears the Raiders' recent struggles on the field have followed the team into the court room. The California Supreme Court ruled Monday that a 2001 verdict against the team in its lawsuit with the National Football League should stand, ending a case that began in 1999. The ruling also ends, for the first time in at least 20 years, any litigation the team has in the court system."

And today in The San Francisco Chronicle, Bob Egelko reports that "Raiders denied new trial in suit accusing NFL of forcing them from L.A.; Unanimous ruling by state's high court ends long dispute."

My earlier coverage of yesterday's Supreme Court of California ruling appears at this link.
Posted at 12:40 PM by Howard Bashman

"'Balancing' schools and race": This editorial appears today in The Washington Times.
Posted at 12:25 PM by Howard Bashman

"White House Won't Rule Out Libby Pardon": The Associated Press provides this report.
Posted at 12:18 PM by Howard Bashman

"Navy still probing 2006 Guantanamo deaths": Carol Rosenberg has this article today in The Miami Herald.
Posted at 10:32 AM by Howard Bashman

On panel rehearing, three-judge D.C. Circuit panel holds that the federal government has the power to tax "compensatory damages for emotional distress and loss of reputation": According to today's unanimous ruling, written by Chief Judge Douglas H. Ginsburg, the court holds that "Murphy's award, even if it is not income within the meaning of the Sixteenth Amendment, is within the reach of the congressional power to tax under Article I, Section 8 of the Constitution."

Today's ruling may strike many as unremarkable, and indeed it would be if this same three-judge panel, in August 2006, had not issued a decision in this very case holding that "insofar as §104(a)(2) permits the taxation of compensation for a personal injury, which compensation is unrelated to lost wages or earnings, that provision is unconstitutional." My initial coverage of that ruling appeared at this link.

Additional coverage of the panel's decision from August 2006, reaching a result opposite from the result reached on panel rehearing today, can be accessed here, here, here, here, and here.
Posted at 10:08 AM by Howard Bashman

"The Roberts Court and the Role of Precedent": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:54 AM by Howard Bashman

"A Disappointing Term: President Bush's nominees give the Supreme Court an activist nudge to the right." This editorial appears today in The Washington Post.
Posted at 08:35 AM by Howard Bashman

"In a Shift, Judge Demurs on Dismissing KPMG Case": The New York Times today contains an article that begins, "The federal judge overseeing a faltering criminal tax shelter case indicated yesterday that he might not dismiss charges after all against a dozen indicted defendants from the accounting firm KPMG."
Posted at 08:24 AM by Howard Bashman

"Federal Judge Files Complaint Against Prosecutor in Boston": In The New York Times today, Adam Liptak has an article that begins, "Citing 'extraordinary misconduct by the Department of Justice,' the chief judge of the Federal District Court in Boston has filed an unusual disciplinary complaint against a federal prosecutor there, according to two letters from the judge dated Friday and placed in the court file yesterday."

The Boston Globe reports today that "Top judge wants US prosecutor disciplined; Says evidence was withheld at trial."

And The Boston Herald contains an editorial entitled "The 'secret' reprimand."
Posted at 08:18 AM by Howard Bashman

"Juggling Figures, and Justice, in a Doctor's Trial": Today in The New York Times, John Tierney has an essay that begins, "On April 14, 2005, the day Dr. William E. Hurwitz was sentenced to 25 years in prison, Karen Tandy called a news conference to celebrate the sentence and reassure other doctors. Ms. Tandy, head of the Drug Enforcement Administration, held up a plastic bag containing 1,600 opioid pills."
Posted at 08:11 AM by Howard Bashman

"Appeals Panel Splits Three Ways on Church-State Suit": Today in The New York Sun, Joseph Goldstein has an article that begins, "The city's policy of barring churches from holding Sunday services in public schools could provide the U.S. Supreme Court with its next big 'establishment clause' case, given the fractured judgment rendered by a federal appellate court in Manhattan yesterday."
Posted at 08:08 AM by Howard Bashman

"Legislation Could Be Path to Closing Guantanamo": The New York Times today contains an article that begins, "Seeking a legal path to shutting down the Guantanamo detention facility, senior advisers to President Bush are exploring whether the White House and Congress can agree to legislation that would permit the long-term detention of foreign terrorism suspects on American soil, Pentagon and administration officials say."
Posted at 08:07 AM by Howard Bashman

"Clues to the New Dynamic on the Supreme Court": Linda Greenhouse has this article today in The New York Times.
Posted at 08:03 AM by Howard Bashman

"Hard right: Lawyers on local panel leery of where conservative majority on the Supreme Court may be taking us." This article appeared yesterday in The Chicago Sun-Times.
Posted at 07:54 AM by Howard Bashman

"Secret trials for terrorists, says US judge": Last Friday's issue of The Australian contained an article that begins, "A top ranking US judge has stunned a conference of Australian judges and barristers in Chicago by advocating secret trials for terrorists, more surveillance of Muslim populations across North America and an end to counter-terrorism efforts being 'hog-tied' by the US constitution. Judge Richard Posner, a supposedly liberal-leaning jurist regarded by many as a future US Supreme Court candidate, said traditional concepts of criminal justice were inadequate to deal with the terrorist threat and the US had 'over-invested' in them." A related editorial published that day was headlined "Junket hit by terror: Australia's legal minds get a dose of US reality" (second item).

And yesterday, The Chicago Sun-Times published an article headlined "Judge says views distorted: Aussie paper said he supports secret trials."
Posted at 07:50 AM by Howard Bashman

"The Resolution of the Famous Multimillion-Dollar 'Pant Suit,' Filed by a Judge: Why the Drycleaner Defendants Defeated the Plaintiff." Anthony J. Sebok has this essay online today at FindLaw.
Posted at 07:40 AM by Howard Bashman

Monday, July 02, 2007

Available online from law.com: An article reports that "Judge Loses One for the Team; By leaving too much to the imagination, a Los Angeles judge blew the Oakland Raiders' chance at a new trial against the NFL." My earlier coverage of today's Supreme Court of California ruling appears at this link.

And in other news, "2nd Circuit Re-Examines Standard for Probate Exception."
Posted at 11:20 PM by Howard Bashman

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Court Denies Request to Delay Libby Sentence" (featuring Nina Totenberg); "Libby Won't Go to Prison; Fine, Probation Remain" (also featuring Nina Totenberg); "President's Move on Libby Risks Fallout"; and "Plame's Husband Reacts to Libby Commutation."

RealPlayer is required to launch these audio segments.
Posted at 10:33 PM by Howard Bashman

"Seattle Schools Take Stock After Justices Issue Ruling": This article appeared Sunday in The New York Times.
Posted at 09:22 PM by Howard Bashman

"President Bush has a friend in the Supreme Court": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 09:15 PM by Howard Bashman

"Bush spares Libby from jail; President commutes the prison sentence of former Cheney aide, who will still have to pay a $250,000 fine": David G. Savage of The Los Angeles Times provides this news update.

The New York Times provides a news update headlined "Bush Commutes Libby's Prison Sentence." And Tuesday's newspaper will contain an editorial entitled "Soft on Crime."

The Washington Post provides a news update headlined "President Bush Commutes Libby's Sentence."

McClatchy Newspapers report that "Bush voids prison sentence for former White House aide Libby."

Reuters reports that "Bush spares Libby from prison."

And Bloomberg News reports that "Bush Commutes Libby's Prison Term in CIA Leak Case."
Posted at 09:10 PM by Howard Bashman

"A Conference Discussing the Contributions of Judge Robert H. Bork": A plethora of video clips from last week's Federalist Society conference can be accessed via this link.
Posted at 06:10 PM by Howard Bashman

"Bush Commutes Libby Prison Sentence": The Associated Press provides a report that begins, "President Bush commuted the sentence of former aide I. Lewis 'Scooter' Libby Monday, sparing him from a 2 1/2-year prison term in the CIA leak case. Bush left intact a $250,000 fine and two years probation for Libby, according to a senior White House official, who spoke on condition of anonymity because the decision had not been announced." The AP has also issued an item headlined "Bush Statement on Libby Order."
Posted at 06:02 PM by Howard Bashman

"Hamdan case returns to Supreme Court": Lyle Denniston has this post today at "SCOTUSblog."

And a separate post at "SCOTUSblog" today is titled "Measuring 'Divisiveness' in OT06."
Posted at 05:30 PM by Howard Bashman

"Another Raiders loss -- this time before state's high court": Bob Egelko of The San Francisco Chronicle provides a news update that begins, "The state Supreme Court denied a new trial to the Oakland Raiders today in the team's $1.2 billion lawsuit accusing the National Football league of forcing it out of Los Angeles in 1995 by sabotaging plans for a new stadium. The court ruled unanimously that the Raiders had failed to prove misconduct by members of a Los Angeles jury that returned a 9-3 verdict in favor of the NFL in 2001."

And The Associated Press reports that "California high court ends Raiders lawsuit against NFL."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 05:20 PM by Howard Bashman

"This petition presents an issue of first impression: whether a district court has the authority to circumvent the ten-day deadline for obtaining interlocutory review of an order denying class certification by vacating and reentering that order, after the aggrieved parties filed and this Court dismissed an untimely petition for an interlocutory appeal." Circuit Judge William H. Pryor, Jr. issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 05:05 PM by Howard Bashman

"High Court Ends Term with Landmark Decisions": This lengthy audio segment (RealPlayer required) -- featuring Nina Totenberg, Michael Dorf, and Theodore Olson -- appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 04:25 PM by Howard Bashman

"The Battle Over Brown: How conservatives appropriated Brown v. Board of Education." Law Professor Risa Goluboff has this jurisprudence essay online today at Slate.
Posted at 04:13 PM by Howard Bashman

Lopez, Morrison, Raich and criminal RICO: A three-judge panel of the U.S. Court of Appeals for the First Circuit today issued a lengthy decision that begins:

The pivotal issue in this case concerns the application of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962, to a street gang engaged in violent, but noneconomic, criminal activity. That issue possesses constitutional implications weighty enough to have led one of our sister circuits to fashion a special, more rigorous, version of RICO's statutory "affecting commerce" requirement for use in connection with defendants involved with enterprises that are engaged exclusively in noneconomic criminal activity. See Waucaush v. United States, 380 F.3d 251, 256 (6th Cir. 2004). Although we are reluctant to create a circuit split, we conclude, after grappling with this difficult question, that the normal requirements of the RICO statute apply to defendants involved with enterprises that are engaged only in noneconomic criminal activity.

Senior Circuit Judge Bruce M. Selya wrote the opinion of the court.
Posted at 03:23 PM by Howard Bashman

"Court Won't Delay Prison for Libby": The Associated Press provides a report that begins, "A federal appeals court refused on Monday to step in and delay former White House aide I. Lewis 'Scooter' Libby's prison sentence in the CIA leak case. The unanimous decision is a dramatic setback for Libby's legal case and puts pressure on President Bush, who has been sidestepping calls by Libby's allies to pardon the former aide to Vice President Dick Cheney."

Update: Today's D.C. Circuit order can be accessed at this link.
Posted at 12:47 PM by Howard Bashman

"Our disparate views of this case leave us without a rationale to which a majority of the court agrees. While two judges who disagree on the merits believe the dispute is ripe for adjudication, the court cannot decide the merits of the case without the vote of the third judge, who disagrees as to ripeness." A three-judge panel of the U.S. Court of Appeals for the Second Circuit has today issued its ruling in Bronx Household of Faith v. Board of Education of the City of New York. The decision consists of a per curiam opinion, followed by two concurring opinions and one dissenting opinion. Today's ruling vacates a permanent injunction against New York City's rule governing the use of school facilities by outside groups for "social, civic, [or] recreational meetings, . . . and other uses pertaining to the welfare of the community."

Circuit Judge Guido Calabresi's concurring opinion begins, "Is worship merely the religious analogue of ceremonies, rituals, and instruction, or is worship a unique category of protected expression? I believe the answer to that question determines the result in this case brought under the Free Speech Clause of the First Amendment."

Senior Circuit Judge Pierre N. Leval's concurring opinion explains today's outcome as follows:

"In ruling on the City defendants' appeal from the judgment, our court divides three ways. Judge Walker would affirm, finding that the district court was correct in enjoining enforcement of Proposed SOP § 5.11. Judge Calabresi would vacate the judgment, finding it to be in error. I would also vacate the judgment but for a different reason, expressing no opinion whether the judgment was based on a correct or incorrect perception of the substantive standards of the First Amendment. In my view, the judgment should be vacated because there was no ripe dispute between the parties involving the constitutionality of Proposed SOP § 5.11 which the court could appropriately adjudicate."

And Senior Circuit Judge John M. Walker, Jr.'s dissenting opinion concludes: "[T]here is no doubt that this particular dispute -- no stranger to the Supreme Court and now focused on worship -– would benefit from a more conclusive resolution by that Court."

You can access today's complete 99-page Second Circuit ruling at this link. My earlier coverage of this case appears here and here.
Posted at 11:00 AM by Howard Bashman

"Court Rejects File on Pakistani Judge": The Associated Press provides a report that begins, "President Gen. Pervez Musharraf's attempt to remove Pakistan's chief justice received a setback Monday when a Supreme Court judge rejected government evidence and ordered a sweep of courts and judges' homes for spying devices."
Posted at 10:05 AM by Howard Bashman

"Bearing arms (again)": In today's issue of The National Law Journal, Joseph D. Becker has an essay that begins, "The pistols had hardly cooled after the murder of 32 innocents at Virginia Polytechnic Institute and State University in April when the old debate broke out: Does the Second Amendment prohibit government interference with the right of individuals to keep weapons for hunting and self-defense?"
Posted at 10:00 AM by Howard Bashman

"Faux Judicial Restraint in Full View": Law Professor Richard L. Hasen of the "Election Law" blog has this essay (free access) online at The Recorder.
Posted at 09:58 AM by Howard Bashman

"80% success rate at Supreme Court; Indiana lawyer tackles campaign-finance, election laws, winning 4 out of 5 challenges": This article appears today in The Indianapolis Star.
Posted at 09:55 AM by Howard Bashman

At 1 p.m. eastern time, the Supreme Court of California is scheduled to announce its decision in Oakland Raiders v. National Football League: The case presents the question "If the trial court fails to specify its reasons for granting a new trial, is the trial court's order granting a new trial reviewed on appeal under the abuse of discretion standard or is the order subject to independent review?"
Posted at 07:50 AM by Howard Bashman

"The Roberts Court": This editorial appears today at National Review Online.
Posted at 07:44 AM by Howard Bashman

"Barring the Door: Court Under Roberts Limits Judicial Power; Conservative Shift Sets Hurdles for Litigants; Businesses Get a Break." Jess Bravin has this front page article today in The Wall Street Journal.
Posted at 07:40 AM by Howard Bashman

"Multiple Choice: Anthony Kennedy punts on the question of school diversity." Benjamin Wittes has this essay online today at The New Republic.
Posted at 06:48 AM by Howard Bashman

"The Supreme Court's Split Over Public School Integration: Who Really Betrayed Brown's Legacy?" Michael C. Dorf has this essay online today at FindLaw.
Posted at 06:45 AM by Howard Bashman

Sunday, July 01, 2007

"Judging Pay: A Senate bill addresses the 'constitutional crisis' of an underpaid federal judiciary." This editorial appears today in The Washington Post.
Posted at 11:45 PM by Howard Bashman

"Under John Roberts, Court Re-Rights Itself": Edward Lazarus has this op-ed today in The Washington Post.
Posted at 11:33 PM by Howard Bashman

"Chief Justice Roberts at the Fourth Circuit Court of Appeals Judicial Conference": Via C-SPAN, you can view the Chief Justice's remarks, followed by a panel discussion focusing on the just completed Term, by clicking here (RealPlayer required).
Posted at 11:24 PM by Howard Bashman

"On Second Thought, Let's Just Rate all the Lawyers": Adam Liptak will have this "Sidebar" essay (TimesSelect pass-through link) in Monday's edition of The New York Times.
Posted at 11:20 PM by Howard Bashman

"Rulings Reveal Divided High Court": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 11:15 PM by Howard Bashman

"Bush's church-state mess takes liberties with ours": Robyn Blumner has this op-ed today in The St. Petersburg Times.
Posted at 11:12 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "High Vacancy Rate on Conservative Court"; "Court to Hear Katrina Insurance Appeal"; "Court to Rule on Records in Bribery Case"; "Court: No Nudes in Daytona"; "Military Judge Stands by Gitmo Dismissal"; and "Patrick Leahy Ready to Fight White House."
Posted at 11:08 PM by Howard Bashman

"Why can't you buy a kidney to save your life? A growing legal movement to recognize a new fundamental right -- 'medical self-defense' -- could bring jarring social changes." Christopher Shea has this essay in the Ideas section of today's issue of The Boston Globe.
Posted at 10:57 PM by Howard Bashman

"Income could be a new benchmark; District seeks ways to assign students": This article appears today in The Louisville Courier-Journal.

In addition, Law Professor Russell L. Weaver has an op-ed entitled "Ruling moves us closer to King's goal," while Professor Gary Orfield has an op-ed entitled "Supreme Court's majority failed to understand Louisville's situation."
Posted at 10:53 PM by Howard Bashman

Philadelphia Phillies 5, New York Mets 3: My son and I had the pleasure of attending this afternoon's game at Citizens Bank Park, where the Phillies salvaged the final game of the four-game series to avoid the sweep. Each team started a rookie pitcher, and Kyle Kendrick of the Phillies improved his record to 3-0. while Mike Pelfrey of the Mets slipped to 0-6. It is difficult to speak of a "must win" game at the midpoint of the season, but a loss today would have put the Phillies seven games behind the Mets. With the win, the Phillies now stand five games out of first place in the National League East.

With the Phillies on the road until after the All Star Game, we will travel next Sunday to Scranton/Wilkes-Barre to see the AAA affiliate of the New York Yankees host the Ottawa Lynx, the Phillies AAA affiliate.

You can access the box score of today's game at this link, while wraps are available from MLB.com here and here.
Posted at 06:12 PM by Howard Bashman

In Monday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Supreme Court tilt to right had its limits; The 2006-2007 term was dominated by notable conservative rulings."

And in other news, "Schools grapple with how to integrate; After the Supreme Court's ruling against race-based policy Thursday, support grows for integrating schools on the basis of factors such as income level."
Posted at 05:50 PM by Howard Bashman

"Can a Law Change a Society?" In the Week in Review section of today's edition of The New York Times, Law Professor Jeffrey Rosen has an essay that begins, "Since 1954, liberal and conservative justices have disagreed about the central meaning of Brown v. Board of Education."
Posted at 09:20 AM by Howard Bashman

"Death-row reversals of fortune; In 7 years, 50 Pa. inmates awaiting execution were spared by the courts": This front page article appears today in The Philadelphia Inquirer.
Posted at 09:10 AM by Howard Bashman

"High court has entered a new era; The chief justice, with help from fellow Bush appointee Alito, carries big rulings to the right -- a generational shift": David G. Savage has this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "The 5-4 court: Consensus and 'judicial modesty' lose out to muddled, half-reasoned decisions; Kennedy emerges as the swing vote."

Today in The Washington Post, Robert Barnes has a news analysis headlined "A Rightward Turn and Dissension Define Court This Term."

And in The San Francisco Chronicle, Bob Egelko reports that "Rulings seal high court's shift to right."
Posted at 08:12 AM by Howard Bashman

"Court Ruling Ends Era of School Desegregation": This audio segment (RealPlayer required) appeared on Saturday evening's broadcast of NPR's "All Things Considered."
Posted at 12:05 AM by Howard Bashman

Saturday, June 30, 2007

"Schools' legal fight could get more costly; After desegregation defeat, district faces paying 7-figure fees": This article appears today in The Seattle Post-Intelligencer.

The Seattle Times reports today that "Ex-Ballard principal says court ruling 'fired me up again.'"

And The Louisville Courier-Journal reports that "Ruling evokes memories of busing; Veteran teacher recalls 1970s' tensions."
Posted at 08:50 PM by Howard Bashman

"Court dismisses lawsuit against pastor; Texas preacher not liable for disclosing information from private counseling session": The Austin American-Statesman contains this article today.

The Fort Worth Star-Telegram reports today that "Court says woman can't sue minister."

And The Associated Press reports that "State Supreme Court tosses woman's suit against pastor."

You can access yesterday's unanimous ruling of the Supreme Court of Texas at this link.
Posted at 05:24 PM by Howard Bashman

"A Privilege Deal: Congress and the White House should avoid a court battle over the U.S. attorneys investigation." This editorial appears today in The Washington Post.
Posted at 05:18 PM by Howard Bashman

"Justices to Weigh Detainee Rights; In Reversal, Court Agrees to Hear Case": Robert Barnes has this front page article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage and Carol J. Williams reports that "High court to reconsider Guantanamo; In a rare reversal of themselves, the justices agree to weigh detainees' right to their day in federal court."

The New York Times contains a front page article headlined "In Shift, Justices Agree to Review Detainees' Case."

In The Miami Herald, Carol Rosenberg reports that "Bush's antiterror powers to get high-court review; The Supreme Court has set the stage for a third ruling on President Bush's war-on-terror powers to indefinitely detain 'enemy combatants' without traditional recourse to courts."

And The Washington Times reports that "Court to review detainees' civilian jurisdiction rights."
Posted at 05:14 PM by Howard Bashman

"High court remains politically divided; More 5-4 rulings mark shift to right": Charlie Savage has this article today in The Boston Globe.
Posted at 05:03 PM by Howard Bashman

"In Steps Big and Small, Supreme Court Moved Right": Linda Greenhouse will have this lengthy article Sunday in The New York Times.
Posted at 04:50 PM by Howard Bashman

"A Cautious Right Turn: The Supremes were most united on business cases." This editorial appears today in The Wall Street Journal.
Posted at 04:45 PM by Howard Bashman

Available online from The American Prospect: Scott Lemieux has an essay entitled "Scalia and Thomas: Originalist Sinners; How Thursday's ruling on school integration gives the lie to the two justices' supposedly devout 'originalism.'"

Simon Lazarus has an essay entitled "The Most Activist Court: How progressives should think about and respond to the assaults of the Roberts Court."

And Allison Stevens has an essay entitled "Race, Gender, and the Politics of Segregation: What the Supreme Court's school desegregation ruling could mean for women's rights."
Posted at 01:48 PM by Howard Bashman

"Split Decision: The Supreme Court's conservative divide." Law Professor Cass R. Sunstein has this essay online at The New Republic.
Posted at 01:45 PM by Howard Bashman

"Supremely Bad Decisions": Bruce Shapiro has this essay online at The Nation.
Posted at 01:44 PM by Howard Bashman

"Roberts Rules: The Supreme Court term ends with a 5-4 decision against racial preferences." Terry Eastland will have this essay in the July 9, 2007 issue of The Weekly Standard.
Posted at 01:40 PM by Howard Bashman

On today's broadcast of NPR's "Weekend Edition Saturday": The broadcast contained audio segments entitled "The Supreme Court Shifts Direction" (featuring Nina Totenberg) and "Court Case Could Have Big Impact on Detainees." RealPlayer is required to launch these audio segments.
Posted at 01:32 PM by Howard Bashman

"Schools scramble to shuffle girls sports": The Detroit News today contains an article that begins, "Michigan school officials are scrambling to meet a fall deadline to align boys and girls sports seasons, bringing an end to decades of discrimination against female athletes but creating a passel of headaches."
Posted at 01:25 PM by Howard Bashman

The Associated Press is reporting: An article headlined "Court Term Ends With Obvious Frustration" begins, "Supreme Court Justice Stephen Breyer shook his head. He rolled his eyes. He even grimaced once or twice as he listened to Chief Justice John Roberts read the majority opinion in the school diversity case on Thursday."

And in other news, "N.H. Repeals Parental Notice of Abortion."
Posted at 12:47 PM by Howard Bashman

"Courting Controversy": In the July 9, 2007 issue of Time magazine, Law Professor Jeffrey Rosen will have an essay that begins, "Ever since Robert Bork was defeated in his 1987 bid for a seat on the Supreme Court, liberals have feared that the court would turn right on the issues they care most about. And this was the year their fears finally began to be vindicated."
Posted at 12:44 PM by Howard Bashman

Friday, June 29, 2007

"Analyzing the Decisions of the 2006-07 Supreme Court": You can view video of yesterday's Federalist Society event via this link, or directly by clicking on part one and part two.
Posted at 11:50 PM by Howard Bashman

"Nominee lobbies for court seat; Southwick seeks support among senators for bid": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "With his nomination to a federal appeals court stalled by the opposition of key Democrats, Mississippi Judge Leslie Southwick is in Washington this week trying to save his candidacy."
Posted at 11:45 PM by Howard Bashman

"High Court Reveals a Mind for Business; In a term marked by 5-4 rulings, no one proved to be a better friend to corporate America than Alito": law.com's Tony Mauro provides this report.
Posted at 11:42 PM by Howard Bashman

"High court spares mentally ill killer; The Supreme Court rules that a Texas death row inmate cannot be executed because his illness prevents him from understanding his fate": Henry Weinstein has this article today in The Los Angeles Times.

The Milwaukee Journal Sentinel reports today that "Hayward native's execution blocked; Supreme Court says mental illness wasn't considered."

The Houston Chronicle reports that "Texas competency rules too narrow, high court decides; Justices change their course on the executions of mentally ill killers."

The Austin American-Statesman reports that "High court blocks Texas death sentence; Slim majority clarifies rules for executing potentially insane inmates."

The Fort Worth Star-Telegram contains an article headlined "Court: Inmate too mentally ill to be executed." In addition, an editorial is entitled "Death and madness."

And The Louisville Courier-Journal reports that "High court blocks execution in Texas; Ruling could affect Indiana man's case."
Posted at 11:35 PM by Howard Bashman

"Justices overturn ban on price-fixing; Some say the ruling could mean higher consumer prices and fewer discounts": David G. Savage and Daniel Yi have this article today in The Los Angeles Times.
Posted at 11:20 PM by Howard Bashman

"Conservative justice: Forget the promises -- Roberts and Alito delivered high court ideology." Law Professor Erwin Chemerinsky has this op-ed today in The Los Angeles Times.
Posted at 11:18 PM by Howard Bashman

"A Court Divided: The Supremes move right on the question of race; Liberal justices dissented passionately; But there may still be some room in the middle." Stuart Taylor Jr. has this essay online at Newsweek's web site. In addition, Ellis Cose has an essay entitled "A Sliver of Hope: The Supreme Court is divided not merely over how to interpret the Constitution; It's divided over the meaning of American history."

And online at Time magazine's web site, Reynolds Holding has an essay entitled "Can Schools Still Achieve Diversity?"
Posted at 10:38 PM by Howard Bashman

"How To Keep Brown Alive: Use income level, instead of race, to integrate the schools." Richard Kahlenberg has this jurisprudence essay online at Slate.
Posted at 10:33 PM by Howard Bashman

"Analysts See Shift in Key Supreme Court Decisions": This segment (transcript with link to audio) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:30 PM by Howard Bashman

"Landmark Ruling: The Supreme Court's ruling could be a step back in integration law." Jan Crawford Greenburg had this video segment on last night's broadcast of the ABC News program "Nightline."

And along with Howard Rosenberg, Jan has a written report headlined "Two Women Come Together to Oppose Busing; Plaintiff Crystal Meredith and Civil Rights Activist Mattie Jones Say Program Failed Their Children."
Posted at 09:10 PM by Howard Bashman

"DOJ Loses Brand": Rachel Brand is departing from the U.S. Department of Justice, "The BLT: The Blog of Legal Times" reports here.
Posted at 08:15 PM by Howard Bashman

In news coverage from Seattle: In coverage of yesterday's U.S. Supreme Court ruling in Parents Involved in Community Schools v. Seattle School District, No. 05-908, The Seattle Times today contains articles headlined "U.S. Supreme Court rejects Seattle's racial criteria"; "Parents' attorney relished chance to argue case at Supreme Court"; "Some new diversity strategies take shape"; and "Former schools superintendent watched case closely in D.C." The newspaper also contains an editorial entitled "Supreme Court challenges Seattle schools."

And The Seattle Post-Intelligencer today contains articles headlined "Schools seek new diversity answers after court rejects race as tiebreaker"; "Reaction within Supreme Court among sharpest"; and "Q&A: Woman who fought school district." The newspaper also contains an editorial entitled "Seattle Schools: Court's wrong turn." And U.S. Senator Ted Kennedy (D-MA) has an op-ed entitled "Still seeking equality in schools."
Posted at 08:02 PM by Howard Bashman

The Louisville Courier-Journal is reporting: In coverage of yesterday's U.S. Supreme Court ruling in Meredith v. Jefferson County Bd. of Ed., No. 05-915, today's newspaper contains articles headlined "5-4 ruling limits use of race by district; Official: Decision doesn't 'shut the door' on diversity"; "Woman kept 'my promise' to son"; "New school chief sees no return to segregation"; "Some find 'sunshine' amid rain"; "Businesses to keep eye on effect of ruling"; and "Catholic system sees no impact from ruling."

In addition, the newspaper contains an editorial entitled "Thwarting equity." Rebecca Owens has an op-ed entitled "'Good things going' in JCPS." And Suzy Post has an op-ed entitled "Ruling is 'a massive step backwards.'"
Posted at 07:45 PM by Howard Bashman

Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "High Court's New Race Ruling Echoes in Schools" (featuring Nina Totenberg); "Schools in Supreme Court Case Heartened"; "Court's School Race Decision Recalls Brown Case"; "High Court Changes Mind on Detainee Appeals"; and "Supreme Court Ends Ban on Price Minimums."

Today's broadcast of "Day to Day" contained an audio segment entitled "Supreme Court to Review Guantanamo Cases" featuring Tom Goldstein.

And this evening's broadcast of "All Things Considered" contained audio segments entitled "White House Loses Ground with High Court" (featuring Nina Totenberg); "Officer Cited Issues with Guantanamo Tribunals"; and "Legal Experts Weigh In on Court Decisions" (featuring Jeffrey Rosen and Doug Kmiec).
Posted at 07:28 PM by Howard Bashman

"Supreme Court to Hear Detainee Appeals": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now."
Posted at 07:08 PM by Howard Bashman

"Supreme Court Term Shows Shift to Right": Mark Sherman of The Associated Press provides this report.
Posted at 05:24 PM by Howard Bashman

"High Court to Hear Terror Detainee Case": Robert Barnes of The Washington Post provides this news update.

David G. Savage of The Los Angeles Times provides a news update headlined "High court to hear Guantanamo detainees case."

Carol Rosenberg of The Miami Herald provides a news update headlined "Supreme Court to review Gitmo detainee case."

The New York Times provides a news update headlined "Supreme Court Will Hear Case on Detainees."

James Vicini of Reuters reports that "Court to hear Guantanamo prisoners appeals."

And Greg Stohr and Laurie Asseo of Bloomberg News reports that "Guantanamo Bay Detainees Get U.S. High Court Hearing."
Posted at 03:37 PM by Howard Bashman

"Supreme Court shifts to right with Bush appointees": James Vicini of Reuters provides this news analysis.
Posted at 03:30 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Dems Denounce Court Desegregation Ruling"; "Appeals Court Unseals CIA Leak Documents"; and "Democrats Hope to Close Guantanamo."
Posted at 03:27 PM by Howard Bashman

Ninth Circuit referees battle of Monster versus Freek: A trade dress dispute between energy drinks gives rise to today's ruling, from which Freek emerges victorious. The ruling includes as an appendix these black and white images.
Posted at 02:20 PM by Howard Bashman

The state of the U.S. Court of Appeals for the Federal Circuit is "very good": So reported Federal Circuit Chief Judge Paul R. Michel in remarks delivered yesterday.
Posted at 11:34 AM by Howard Bashman

Did the Village of Glendale, Ohio violate the First Amendment when it adopted an ordinance forbidding the placement of for-sale signs on automobiles located on the public streets? By a vote of 8-7, the majority of the en banc U.S. Court of Appeals for the Sixth Circuit answers "perhaps." The dissenters would answer "no." You can access today's ruling at this link.

The Institute for Justice, which represented the plaintiff challenging the ordinance, achieved victory before the en banc court by convincing two Republican appointees to join the Sixth Circuit's Democratic appointees in ruling in favor of the plaintiff. The dissenters, meanwhile, were all appointed to the court by Republican presidents.

My coverage of the original three-judge panel's ruling in this case -- a 2-1 ruling in favor of Glendale where the dissenter was a federal district judge sitting by designation -- can be accessed here.
Posted at 11:08 AM by Howard Bashman

"[A]s requested by Dow Jones, we will release those redacted portions of Judge Tatel's concurring opinion and the two ex parte affidavits that discuss grand jury matters revealed either during the Libby trial or by grand jury witnesses themselves." On February 15, 2005, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a decision upholding the adjudications of civil contempt against reporters Judith Miller and Matthew Cooper. Circuit Judge David S. Tatel's opinion concurring in the judgment, as originally published, reflected extensive redactions. Since then, the D.C. Circuit has made public some of the redacted portions of Judge Tatel's opinion.

Now that the Lewis "Scooter" Libby trial has concluded, Dow Jones asked the D.C. Circuit to make public the rest of the redacted portions. In a per curiam decision issued today, the appellate court has agreed to make public more, but not all, of the redacted portions.
Posted at 10:55 AM by Howard Bashman

"Roberts Steered U.S. Supreme Court as It Trimmed Precedents": Greg Stohr of Bloomberg News provides this report.
Posted at 10:44 AM by Howard Bashman

"Supreme Court to Review Guantanamo Cases": Pete Yost of The Associated Press provides a report that begins, "The Supreme Court, reversing course, agreed Friday to review whether Guantanamo Bay detainees may go to federal court to challenge their indefinite confinement."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rehear detainee cases."

You can access today's Order List at this link.

In other coverage of today's orders, The AP reports that "Court Allows Student's Anti-Bush T-Shirt."
Posted at 10:40 AM by Howard Bashman

Thursday, June 28, 2007

Access online video of today's "2006-2007 Supreme Court Term Review" hosted by the American Constitution Society: Background on the panelists and a link to the video can be accessed via this link. Or you can access the video directly by clicking here (Windows Media Player required).
Posted at 10:50 PM by Howard Bashman

In Friday's edition of The Washington Post: Robert Barnes will have a front page article headlined "Divided Court Limits Use of Race by School Districts." And Charles Lane will have a related news analysis headlined "Narrow Victories Move Roberts Court to Right; Decisions Ignore Precedent, Liberal Justices Contend."

In other news, Charles Lane will have an article headlined "Execution of Schizophrenic Killer Blocked By High Court."

And Ylan Q. Mui and Robert Barnes will have an article headlined "High Court Overturns Century-Old Antitrust Rule; Manufacturers Gain Say on Retail Prices."
Posted at 10:42 PM by Howard Bashman

In Friday's issue of The New York Times: Linda Greenhouse will have an article headlined "Supreme Court Votes to Limit the Use of Race in Integration Plans." Adam Liptak will have a related news analysis headlined "The Same Words, but Differing Views." And an article will report that "School Ruling Leaves Unanswered Questions."

In other news, "Justices Block Execution of Delusional Killer."

And an article will report that "Supreme Court Lifts Ban on Minimum Retail Pricing."
Posted at 10:35 PM by Howard Bashman

Available online from law.com: An article is headlined "Mover Fails to Prove Jurisdiction in Suit Over Internet Site." My earlier coverage appears at this link.

And in other news, "Forfeiture of Wife's Share of Home Over Husband's Marijuana Is Found Excessive." My earlier coverage appears at this link.
Posted at 10:28 PM by Howard Bashman

"Supreme Court Strikes at Affirmative Action; Divided Justices' Ruling Will Affect Schools Nationwide": Jan Crawford Greenburg and Ariane de Vogue have this report online at the web site of ABC News.
Posted at 08:24 PM by Howard Bashman

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Rejects School Desegregation Plan" (featuring Nina Totenberg); "Plan Will Be Modified, School Board Member Says"; "High Court Blocks Mentally Ill Inmate's Execution": "Court Gives Manufacturers Leeway on Pricing"; and "Adjudicating the White House Subpoena Dispute."

And today's broadcast of "Talk of the Nation" contained an audio segment entitled "Supreme Court Rules on Race in the Classroom" featuring David G. Savage.

RealPlayer is required to launch these audio segments.
Posted at 08:17 PM by Howard Bashman

"Justice Kennedy's Remarkable OT06": Jason Harrow has this post at "SCOTUSblog," which had quite a few page views today.
Posted at 07:45 PM by Howard Bashman

"Death Penalty for Delusional Murderer Blocked": The New York Times provides this news update.
Posted at 07:38 PM by Howard Bashman

"Resegregation Now": This editorial will appear Friday in The New York Times.
Posted at 07:35 PM by Howard Bashman

If a federal criminal defendant signs a plea agreement waiving his right to challenge his conviction and sentence, is it ineffective assistance of counsel for the defendant's attorney to fail to file a notice of appeal challenging the conviction and sentence when directed by the client to do so? Two more federal appellate courts today have answered "yes" -- the Fourth Circuit and the Fifth Circuit.
Posted at 05:30 PM by Howard Bashman

"At issue today is the constitutionality of several zoning and public nudity ordinances adopted by the City of Daytona Beach to regulate adult theaters." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today. The appellate court holds that all of the challenged ordinances are constitutional.
Posted at 05:23 PM by Howard Bashman

"Supreme Court rejects racial diversity plans; In a major civil rights ruling, a narrow majority struck down two school-enrollment plans": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 05:14 PM by Howard Bashman

"Sorry Now?: What do the liberal and moderate lawyers who supported John Roberts' nomination say today?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 05:10 PM by Howard Bashman

On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Justices Reject Race as Factor in School Placement" and "Supreme Court Term Defined by Close Splits" (RealPlayer required), both featuring Dahlia Lithwick.
Posted at 05:05 PM by Howard Bashman

law.com's Tony Mauro is reporting: Now available online are news updates headlined "Supreme Court Strikes Down Race-Based School Programs" and "High Court Overturns Dr. Miles Rule."
Posted at 05:00 PM by Howard Bashman

"Commentary: The impact of fervent dissent." Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:55 PM by Howard Bashman

"Sharp Shift to the Right in First Full Term of the Roberts Court; Liberal Justices Play New Role in Dissenting From the Bench": ABC News correspondent Jan Crawford Greenburg provides this written report.
Posted at 04:27 PM by Howard Bashman

"Minimalists vs. Visionaries: The real divide on the Supreme Court is between two kinds of conservatives." Law Professor Cass R. Sunstein has this op-ed online today at the web site of The Washington Post.
Posted at 04:20 PM by Howard Bashman

"Court Blocks Execution of Mentally Ill Inmate": Charles Lane of The Washington Post provides this news update.

Henry Weinstein of The Los Angeles Times provides a news update headlined "High court spares mentally ill killer from execution; A split U.S. Supreme Court rules that a Texas death row inmate's illness prevents him from understanding why the state would kill him."

Patty Reinert of The Houston Chronicle provides a news update headlined "Supreme Court halts Texas man's execution."

Todd J. Gillman of The Dallas Morning News provides an update headlined "Supreme Court blocks Texas man's execution."

And The Fort Worth Star-Telegram provides a news update headlined "Supreme Court blocks Texas execution."
Posted at 04:15 PM by Howard Bashman

"Supreme Court strikes down school integration policies": David G. Savage and Joel Havemann of The Los Angeles Times provide this news update.

Joan Biskupic of USA Today reports that "Supreme Court rejects public school diversity plans."

And The Seattle Post-Intelligencer provides a news update headlined "Court rejects Seattle district's use of race in school assignments."
Posted at 04:10 PM by Howard Bashman

"Justices End 96-Year-Old Ban on Price Floors": The New York Times provides this news update.
Posted at 04:05 PM by Howard Bashman

"Supreme Court Review": This audio segment (RealPlayer required) featuring Law Professors Douglas Kmiec and Jonathan Turley appeared on today's broadcast of the public radio program "Here & Now."
Posted at 02:30 PM by Howard Bashman

"High Court Rules on Race in Schools": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 02:22 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Mistrial Sought in Jose Padilla Case"; "Libby Becomes Inmate No. 28301-016"; and "White House Asserts Executive Privilege."
Posted at 02:18 PM by Howard Bashman

"Supreme Court curbs use of race in setting school policies": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 02:15 PM by Howard Bashman

In news updates from The Louisville Courier-Journal: The newspaper provides updates headlined "2007-08 school-year assignments will not change"; "Supreme Court: Jefferson County's student-assignment plan unconstitutional"; and "Ruling prompts press conferences."
Posted at 02:10 PM by Howard Bashman

Maybe, as in that famous episode of "The Munsters," they can simply paint a while line down the middle of the house: The Associated Press provides a report headlined "Court: Feds Can Seize Half of House." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:02 PM by Howard Bashman

Greg Stohr of Bloomberg News is reporting: Now available online are articles headlined "Race-Based Pupil Placements Banned by Top U.S. Court" and "Minimum-Price Accords May Be Allowed, Top Court Says."
Posted at 12:52 PM by Howard Bashman

Reuters is reporting: James Vicini has an article headlined "Court rejects race as factor in school programs."

And in other news, "Supreme Court hands business groups victory; Against wishes of 37 states, consumer groups, justices rule that some minimum prices set by manufacturers are no longer illegal."
Posted at 12:50 PM by Howard Bashman

"Court Limits Use of Race to Achieve Diversity in Schools": Robert Barnes of The Washington Post provides this news update.
Posted at 12:30 PM by Howard Bashman

"Divided court rejects school diversity plans": Bill Mears of CNN.com provides this report.
Posted at 11:50 AM by Howard Bashman

This morning's end-of-Term U.S. Supreme Court rulings in argued cases: According to "SCOTUSblog," "Kennedy is announcing Leegin Creative," the antitrust case. So much for predictions that Justice John Paul Stevens would have the majority opinion in that case. In reporting on that decision, Lyle Denniston has a post titled "Court overrules Dr. Miles." The vote in the case was 5-4. In early news coverage, The Associated Press reports that "Court Abandons Competition Rule." The article begins, "The Supreme Court on Thursday abandoned a 96-year-old ban on manufacturers and retailers setting price floors for products." You can access today's decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, at this link.

In today's death penalty case, "SCOTUSblog" reports that "Kennedy is delivering the Court's opinion in Panetti. 5-4, Kennedy plus the liberals." According to Denniston's write-up, "the Court ruled that the Fifth Circuit Court had used too restrictive a standard of mental competency in upholding a death sentence for a man whose delusions are said to keep him from fully understanding why he would be executed." In early news coverage, The Associated Press reports that "Execution of Mentally Ill Killer Blocked." You can access today's decision in Panetti v. Quarterman, No. 06-6407, at this link.

And finally, "SCOTUSblog" reports that "Chief announces schools cases. Decided jointly. Plans reversed. 5-4, Kennedy concurs in judgment." Denniston's post on the decision is titled "Court strikes down school integration plans." Therein, he writes that "Chief Justice John G. Roberts, Jr., wrote the majority opinion in the combined cases. Justice Anthony M. Kennedy did not join all of the majority opinion, but joined in the result." In early news coverage, The Associated Press reports that "Supreme Court Rejects School Race Plans." You can access the decision in Parents Involved in Community Schools v. Seattle School District, No. 05-908, decided together with Meredith v. Jefferson County Bd. of Ed., No. 05-915, at this link.
Posted at 10:05 AM by Howard Bashman

"Bare Facts: Is an appearance in 'Happy Naked Girls' properly considered by a bar admissions committee? Is an online death threat?" Steven Lubet will have this essay in the July 2007 issue of The American Lawyer.
Posted at 09:58 AM by Howard Bashman

Today's U.S. Supreme Court opinions in argued cases: Before today, the Court has issued decisions in all but four of the cases argued this Term. Those four remaining cases are:

1. Meredith v. Jefferson County Bd. of Ed., No. 05-915 (argued December 4, 2006). You can access the oral argument transcript here.

2. Parents Involved in Community Schools v. Seattle School District, No. 05-908 (argued December 4, 2006). You can access the oral argument transcript here.

My posts collecting extensive press coverage of those two oral arguments can be accessed here and here. Linda Greenhouse's article in the December 5, 2006 issue of The New York Times was headlined "Court Reviews Race as Factor in School Plans," and the article begins, "By the time the Supreme Court finished hearing arguments on Monday on the student-assignment plans that two urban school systems use to maintain racial integration, the only question was how far the court would go in ruling such plans unconstitutional."

3. Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480 (argued March 26, 2007). You can access the oral argument transcript in this antitrust case at this link.

4. Panetti v. Quarterman, No. 06-6407 (argued April 18, 2007). You can access the oral argument in this death penalty case at this link. My posts collecting press coverage of this oral argument can be accessed here. The Austin American Statesman's article of April 19, 2007 was headlined "Supreme Court hears Texas death penalty case; Justices to decide whether inmate is too mentally ill to execute."

Stay tuned for ongoing coverage of these rulings.
Posted at 09:55 AM by Howard Bashman

"Alberto Gonzales affirms intent to find prosecutor's killer": The Seattle Times today contains an article that begins, "U.S. Attorney General Alberto Gonzales met privately Wednesday with the family of slain assistant U.S. Attorney Thomas Wales and said the Justice Department will 'work as long and hard as it takes to solve this crime and prosecute those responsible.'"

And The Seattle Post-Intelligencer reports today that "Gonzales stays on point, mum on heated issues; McKay's firing not brought up in talks."
Posted at 09:00 AM by Howard Bashman

"N.Y. Appeals Court Hears Death Case": The New York Sun today contains an article that begins, "The federal appellate court in Manhattan heard its first death-penalty appeal in more than 40 years yesterday. The three-judge panel sharply questioned the government about its strategy during the trial of Donald Fell, who was sentenced to death in Vermont in 2002."

The Rutland Herald today contains an article headlined "Expert: Fell's best chance is now; Death verdicts seldom overturned after one appeal."

And The Associated Press reports that "Fell's lawyers press appeal."
Posted at 07:44 AM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Supreme Court to Meet Thursday"; "Groups Ponder Ruling on Political Ads"; and "U.S. Govt Appeals Enemy-Combatant Ruling."
Posted at 07:40 AM by Howard Bashman

Wednesday, June 27, 2007

"Government calls Al-Marri ruling a threat to security": Lyle Denniston has this post today at "SCOTUSblog" reporting on a rehearing petition that the federal government filed today in the U.S. Court of Appeals for the Fourth Circuit.
Posted at 11:35 PM by Howard Bashman

"Appeals Panel 'Reluctantly' Tosses Child Porn Case": law.com provides a report that begins, "Judges of the Georgia Court of Appeals last week said they must 'reluctantly' issue an opinion that may make it more difficult for the state to prosecute people who look at child pornography. A three-judge panel on June 21 reversed the conviction of a North Georgia man on 106 counts of sexual exploitation of children because, the judges found, prosecutors didn't prove that the man knew he had pornographic images stored in his computer hard drive."

Relatedly, the December 4, 2006 installment of my "On Appeal" column for law.com was headlined "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?"
Posted at 11:27 PM by Howard Bashman

"Man in Ga. Teen Sex Case Is Denied Bond; Genarlow Wilson, convicted of having oral sex with a 15-year-old girl when he was 17, is trying to appeal a 10-year sentence": law.com provides this report.

And The Los Angeles Times provides a news update headlined "Man in teen-sex case must stay in prison for appeal."
Posted at 11:14 PM by Howard Bashman

"Even in Agreement, Scalia Puts Roberts to Lash": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 11:10 PM by Howard Bashman

"Got Bucs tickets? Get a free patdown; A federal appeals court disagrees with earlier decisions and clears the way for fan friskings at Raymond James." This article appears today in The St. Petersburg Times.

And The Tampa Tribune today contains an article headlined "Expect Bucs Game Pat-Downs."

My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link.
Posted at 08:50 PM by Howard Bashman

"NY Court: DWI Laws Don't Cover 'Huffing.'" The Associated Press provides a report that begins, "A motorist accused of 'huffing' stimulants from an aerosol can before getting into a deadly wreck cannot be charged with driving while intoxicated, New York's highest court ruled Wednesday."

You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link.
Posted at 08:12 PM by Howard Bashman

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Prosecution Plays Bin Laden Tape at Padilla Trial"; "Fired U.S. Attorney Testifies on Death Penalty"; and "Senate Panel Scrutinizes Wiretapping Program."
Posted at 08:04 PM by Howard Bashman

"Court's Ruling Won't Limit Christian Hate Speech: The Christian Right is concerned that yesterday's Supreme Court decision on student speech will restrict high-schoolers' ability to spread anti-gay messages; But they've got nothing to worry about." Sarah Posner has this essay online at The American Prospect.
Posted at 04:11 PM by Howard Bashman

"Bong Hits and Ad Runs: Two Supreme Court cases show the perils of making excuses for censorship." Jacob Sullum has this essay online today at Reason.
Posted at 03:50 PM by Howard Bashman

Seventh Circuit reverses sentence of one day of imprisonment for possession of child pornography: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel. The "Sentencing Law and Policy" blog offers these thoughts on the ruling.
Posted at 02:30 PM by Howard Bashman

"Case Study: Roberts to Review Supreme Court Term." Jess Bravin has this post at WSJ.com's "Washington Wire" blog.
Posted at 02:20 PM by Howard Bashman

Don't put off till tomorrow what you can do today: Lyle Denniston has this post at "SCOTUSblog" today describing what will happen when the U.S. Supreme Court holds what is expected to be the Court's final session for this Term. It would appear that Lyle doesn't expect any retirements to be announced from the bench tomorrow.
Posted at 02:07 PM by Howard Bashman

"Judge: No bond for Genarlow Wilson; Hearing canceled; ruling could keep him in jail for months." The Atlanta Journal-Constitution provides a news update that begins, "A Douglas County judge ruled Wednesday Genarlow Wilson is not eligible for bond in his child molestation case, a development that could keep Wilson behind bars for at least several more months pending an appeal in his case. Superior Court Judge David Emerson issued an order canceling a July 5 bond hearing for Wilson. He cited a state law that prohibits appeal bonds for people convicted of Wilson's crime -- aggravated child molestation -- and who have been sentenced to five years or more in prison. Wilson is now serving a 10-year prison sentence."

And The Associated Press provides a report headlined "Judge: No Appeal Bail in Teen Sex Case."
Posted at 12:28 PM by Howard Bashman

"Did student-speech rights go up in smoke?" David L. Hudson Jr. has this commentary online today at the First Amendment Center.
Posted at 12:24 PM by Howard Bashman

"DeLay Wins Round in Texas Court": The Associated Press provides a report that begins, "The Texas Court of Criminal Appeals refused Wednesday to reinstate a dropped conspiracy charge against former House Majority Leader Tom DeLay."

And The Houston Chronicle provides a news update headlined "Court refuses to reinstate charges against DeLay."

Today's 5-4 ruling of the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- consists of a majority opinion; two concurring opinions (here and here); and a dissenting opinion. You can access other documents filed in the case via this link.
Posted at 12:05 PM by Howard Bashman

There's more than one way to declaw a cat: The "Background" section of an opinion that the U.S. Court of Appeals for the Federal Circuit issued today begins, "Young is the inventor of the '579 patent, directed to a surgical method for removing a claw from a domesticated cat."

And while some judicial opinions may discuss the so-called "cat's paw" theory, this Federal Circuit opinion actually contains images of a cat's paw and associated claw. If you wish to learn about this particular method of declawing a cat, or simply to find out whether the term "near" is indefinite in the context of this patent, be sure to visit today's decision. I do not believe that the decision takes any position in the debate over whether cat declawing is cruel.
Posted at 11:58 AM by Howard Bashman

"Mosques Reflect on Padilla's Islamic Education": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:55 AM by Howard Bashman

"Jurors watch bin Laden interview; A 1997 CNN interview with Osama bin Laden took center stage at the Miami trial of Jose Padilla": This article appears today in The Miami Herald.

The Los Angeles Times reports today that "Padilla jury shown Bin Laden video; Wiretap recordings of his codefendants praising the terrorist leader are also played."

And The Washington Post reports that "Defense Objects as Padilla Jury Sees Video."
Posted at 08:52 AM by Howard Bashman

"Closing Guantanamo: It's inevitable; better that Mr. Bush do it, while fixing the flawed legal system behind it." The Washington Post contains this editorial today.
Posted at 08:47 AM by Howard Bashman

"Ruling Could Spur More Ads; Decision on Campaign Finance May Mean Influx of 'Soft Money'": This article appears today in The Washington Post.
Posted at 08:45 AM by Howard Bashman

"Justice Stevens Calls On History He Lived; 'Bong Hits' Dissent Points to Prohibition": Charles Lane has this article today in The Washington Post. In addition, the newspaper contains an editorial entitled "A Less-Than-Banner Ruling: Of bong hits and First Amendment freedoms."
Posted at 08:40 AM by Howard Bashman

"Time's Pearlstine Looks Back at Plamegate, Blames Floyd Abrams": Bloomberg News columnist Margaret Carlson has this essay today.
Posted at 08:35 AM by Howard Bashman

"Lawyers Make Final Plea To Save Libby From Jail": Josh Gerstein has this article today in The New York Sun.

And Bloomberg News reports that "Walton, Judge in Libby Case, Draws Fire Over Prison Sentence."
Posted at 07:52 AM by Howard Bashman

"'Bong' decision a wise one: The school principal and the high court did the right thing; Every day, children die from illegal drugs - an issue far beyond free speech." Claude Lewis has this op-ed today in The Philadelphia Inquirer.
Posted at 07:50 AM by Howard Bashman

"Appoint Judges: Merit, not money." This editorial appeared yesterday in The Philadelphia Inquirer.
Posted at 07:48 AM by Howard Bashman

In commentary online at FindLaw: Julie Hilden has an essay entitled "A Federal Appeals Court Strikes Down the FCC's 'Fleeting Expletives' Policy on Administrative Law Grounds: Was It Right to Do So?"

And Carl Tobias has an essay entitled "Defusing The Constitutional Confrontation over Congressional Subpoenas Relating to the U.S. Attorney Firings Scandal."
Posted at 07:42 AM by Howard Bashman

"Bong hits 4 political boys but not lowly school boys": Today in The Houston Chronicle, columnist Cragg Hines has this op-ed.
Posted at 07:35 AM by Howard Bashman

"Legislators consider fixes to Supreme Court rulings": This article appears today in The Hill.
Posted at 07:33 AM by Howard Bashman

"How Big a Setback for McCain-Feingold?" Reynolds Holding has this article online at Time magazine's web site. He also has an article headlined "Ruling 'Bong Hits' Out of Bounds."
Posted at 07:32 AM by Howard Bashman

"Supreme Court's rulings confirm winning majority for conservatives": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 07:25 AM by Howard Bashman

Tuesday, June 26, 2007

"At Supreme Court, two big GOP wins; The justices narrowly approve preelection 'issue ads' and protect Bush's faith-based initiative from legal challenges": David G. Savage has this article today in The Los Angeles Times.
Posted at 11:40 PM by Howard Bashman

"U.S. faith-based office staves off challenge; Wisconsin group lacks legal standing, Supreme Court rules": This article appears today in The Milwaukee Journal Sentinel.

The Wisconsin State Journal reports today that "High court rules against local group."

The Boston Globe reports that "Court bars suit on faith-based plan; Bush initiative can continue."

And The Los Angeles Times contains an editorial entitled "Faith and taxes: A Supreme Court opinion barring taxpayers from challenging a president's faith-based spending ignores common sense."
Posted at 11:30 PM by Howard Bashman

"Court Rocks the 2008 Campaign; Free Speech Is Backed for Ads on the Issues": The New York Sun contains this article today, along with an editorial entitled "Tie-Breaker."

The Los Angeles Times reports today that "'Send a message' ads expected to swell; Groups such as the NRA may now air spots that target specific candidates in the weeks before an election." A related editorial is entitled "A good tweak: The Supreme Court strengthens a weakness on issue ads in the McCain-Feingold campaign-finance law."

USA Today reports that "Shackles off 'issue ads' naming candidates, but who benefits up for debate." The newspaper also contains an editorial entitled "High Court opens door for wealthy interest groups."

The Milwaukee Journal Sentinel reports that "Campaign ad limits relaxed; In case from Wisconsin, justices loosen key McCain-Feingold rule."

The Washington Post contains an editorial entitled "A Loophole Reopens: The Supreme Court jettisons sense on campaign 'issue ads.'"

And The Capital Times of Madison, Wisconsin contains an editorial entitled "Court backs bad politics."
Posted at 11:25 PM by Howard Bashman

"Judge Discusses Details of Work On Secret Court; He Takes Issue With NSA's Wiretaps": This article appears today in The Washington Post. You can access via that web page audio of the judge's talk.
Posted at 11:10 PM by Howard Bashman

"U.S. agents are spared racketeering suit; The Supreme Court rejects a Woming rancher's legal strategy against the Bureau of Land Management": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 10:54 PM by Howard Bashman

"Key trial evidence goes missing; Injured customers suing U-Haul over accidents have sought key equipment, only to find it lost or discarded": This lengthy article appears today in The Los Angeles Times.
Posted at 10:50 PM by Howard Bashman

"Judge Offers Plan to Keep Vonage Afloat": The Washington Post contains this article today.

My earlier coverage of yesterday's Federal Circuit oral argument appears at this link.
Posted at 08:54 PM by Howard Bashman

"Court Rules for Cleaners In $54 Million Pants Suit": This front page article appears today in The Washington Post. In addition, the newspaper contains an editorial entitled "Dressing Down: A D.C. judge puts the pants plaintiff in his place; Will the District's judge selections be handled as sensibly?" And Metro columnist Marc Fisher has an essay entitled "A Scary View of U.S. Legal System."

The Los Angeles Times reports today that "D.C. jurist cuts pants plaintiff no slack; First he lost his trousers, now he's lost his suit, and he may yet have to dig deep into his pockets to pay the defendants' legal fees."

And USA Today contains an article headlined "Pants suit: Ruling goes to the cleaners; Missing threads not worth $54M."
Posted at 08:30 PM by Howard Bashman

"Justices let schools ban pro-drug signs; High court rules, 5-4, that administrators have the right to discipline students for promoting illegal activities": David G. Savage has this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "The wrong lesson: In the 'BONG HiTS 4 JESUS' case, the Supreme Court muddles the message of an important precedent."

The Juneau Empire reports today that "'Bong hits' ruling sides with district; Justices say Juneau principal had a right to suspend student."

Bob Egelko of The San Francisco Chronicle reports that "'Bong' case limits student speech."

USA Today contains an editorial entitled "Ruling in 'bong hits' case invites new curbs on school expression." And Claudia Mansfield Sutton has an op-ed entitled "Ruling strengthens schools; Court backs administrators' right to protect students' best interests."
Posted at 08:23 PM by Howard Bashman

"Top Court Not Cruel To Buyer Of Warhol Elvis": The Associated Press provides a report that begins, "Elvis left the building with the right owner, the Connecticut Supreme Court ruled in an opinion released Monday. A 1962 Andy Warhol silk screen featuring 36 identical images of Elvis Presley's face was at the center of a court battle in Connecticut."

You can access yesterday's ruling of the Supreme Court of Connecticut at this link.
Posted at 08:15 PM by Howard Bashman

"New Scrutiny as Immigrants Die in Custody": The New York Times today contains an article that begins, "Sandra M. Kenley was returning home from her native Barbados in 2005 when she was swept into the United States' fastest-growing form of incarceration, immigration detention. Seven weeks later, Ms. Kenley died in a rural Virginia jail, where she had complained of not receiving medicine for high blood pressure. She was one of 62 immigrants to die in administrative custody since 2004, according to a new tally by Immigration and Customs Enforcement that counted many more deaths than the 20 previously known."
Posted at 08:07 PM by Howard Bashman

"Supreme Court to Weigh Limits on Cases Involving Medical Devices": This article appears today in The New York Times.
Posted at 08:04 PM by Howard Bashman

"Prosecutors Invite a Dismissal in KPMG Tax-Shelter Case, Burdened by Technicalities": The New York Times today contains an article that begins, "Federal prosecutors trying to bolster their faltering tax-shelter investigation have essentially dared a federal judge to dismiss charges against former employees of the accounting firm KPMG so that they can appeal the ruling and get the case moving again."

And The Washington Post reports today that "U.S. Disputes KPMG Ruling; Dismissal of Tax-Shelter Case May Be Only Path to Appeal."
Posted at 07:58 PM by Howard Bashman

"Can you have a hate crime without hate?" So asks today's installment (TimesSelect pass-through link) of Clyde Haberman's "NYC" column in today's issue of The New York Times.
Posted at 07:50 PM by Howard Bashman

"Three Bad Rulings": The New York Times today contains an editorial that begins, "The Supreme Court hit the trifecta yesterday: Three cases involving the First Amendment. Three dismaying decisions by Chief Justice John Roberts's new conservative majority."
Posted at 07:44 PM by Howard Bashman

"The Truth About Guantanamo: Proposals to treat detainees as criminal defendants make a mockery of international humanitarian law." James Taranto has this op-ed (free access) today in The Wall Street Journal.

And today in The New York Times, Morris D. Davis has an op-ed entitled "The Guantanamo I Know."
Posted at 07:28 PM by Howard Bashman

The Associated Press is reporting: An article headlined "Durbin Takes on Judge Over Combatants" begins, "A Senate Democratic leader Tuesday urged a Bush-appointed judge to recuse himself from cases involving enemy combatants and requested an explanation about information that might contradict his testimony about the White House's detainee policy. 'It appears that you misled me, the Senate Judiciary Committee, and the nation,' Senate Democratic Whip Dick Durbin of Illinois wrote to Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia."

And in other news, "La. Lawmakers Ban Late-Term Abortions."
Posted at 07:12 PM by Howard Bashman

"Early action on detainees": Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:10 PM by Howard Bashman

"A Supreme Court Conversation": The most recent entries in Slate's "The Breakfast Table" conversation between Walter Dellinger and Dahlia Lithwick can be accessed via this link.
Posted at 06:02 PM by Howard Bashman

"Analysis: Some Thoughts on Opinion Authorship and the Dynamic in the Court." Tom Goldstein has this post at "SCOTUSblog."
Posted at 03:47 PM by Howard Bashman

Glad we cleared that up! The U.S. Court of Appeals for the Second Circuit today issued an order adopting Local Rule 32.1, effective immediately. That local rule governs the citation of non-precedential opinions and makes clear the reasons why the court has decided to continue to use non-precedential opinions to decide certain appeals.

A comment providing the rationale behind the rule explains, "Denying summary orders precedential effect does not mean that the court considers itself free to rule differently in similar cases." I can't help but think that the late Eighth Circuit Judge Richard S. Arnold, who considered non-precedential appellate court decisions to be unconstitutional and unwise, would have had a good laugh over that line.

Thanks to Josh Gerstein of The New York Sun for drawing today's Second Circuit order to my attention.
Posted at 03:25 PM by Howard Bashman

"Court: Stadium Pat-Downs Not A Violation." The Tampa Tribune provides a news update that begins, "Pat-down searches of fans entering Tampa Bay Buccaneers' games does not constitute a violation of the Constitution -- at least not in the case of a Tampa Bay Technical High School civics teacher who sued the NFL and the Tampa Sports Authority over the procedure."

And The St. Petersburg Times provides a news update headlined "Appeals court reverses ruling on pat-downs at Bucs games." Earlier coverage appeared in articles headlined "His civics duty: A teacher who is fighting the NFL's policy of searching fans wants to set a good example for the students in his American government class" and "Judge to Bucs: No more fan patdowns; The team's security policy of patdown searches for fans at home games is unconstitutional, a federal judge rules."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

The basis for the today's ruling appears in the second to last paragraph of the opinion:

Considering the totality of the circumstances, the Court concludes that Johnston voluntarily consented to pat-down searches each time he presented himself at a Stadium entrance to attend a game. The record is replete with evidence of the advance notice Johnston was given of the searches including preseason notice, pregame notice, and notice at the search point itself. It was clear error for the district court to find that Johnston did not consent to the pat-down searches which were conducted.

I guess that, pursuant to today's ruling, a fan who wishes to attend a Tampa Bay Buccaneers home game and obtains a ticket but then is refused admission for failing to undergo the pat-down search would have the ability to pursue a Fourth Amendment challenge to the search.
Posted at 03:12 PM by Howard Bashman

"Mass. Inmates Asks for Sex Change": The Associated Press provides a report that begins, "A trial that opened more than a year ago has become bogged down in Boston federal court. There have been hundreds of hours of testimony from witnesses, including 10 medical specialists paid tens of thousands of dollars. The judge himself even hired an expert to help him make sense of it all. The question at the center of the case: Should a murderer serving life in prison get a sex-change operation at taxpayer expense?"
Posted at 02:40 PM by Howard Bashman

"Seattle Bar Honors Ninth Circuit Senior Judge Betty Binns Fletcher": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 12:42 PM by Howard Bashman

"Mandatory Minimum Terms Result In Harsh Sentencing": The Administrative Office of the U.S. Courts has today issued a news release that begins, "Citing cases in which first-time offenders received decades-long sentences under laws imposing mandatory penalties, a federal judge today told a Congressional subcommittee that such sentences are inequitable and unduly harsh." You can access the prepared testimony of U.S. District Judge Paul G. Cassell by clicking here.

Additional coverage is available from the "Sentencing Law and Policy" blog here and here.
Posted at 12:35 PM by Howard Bashman

"First Amendment claims get mixed reception at Court": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 12:28 PM by Howard Bashman

"Good Legal News For Bloggers": The blog "Baseball Crank" this morning has a post that begins, "The Second Circuit ruled, in today's decision in Best Van Lines, Inc. v. Walker, that making statements on an Iowa-based website about a New York-based moving company, responding to a question from a reader in New York, and accepting donations from New York readers does not subject the proprietor to jurisdiction in the New York courts under New York law."

Circuit Judge Robert D. Sack wrote today's ruling of the U.S. Court of Appeals for the Second Circuit on behalf of a unanimous three-judge panel.
Posted at 11:42 AM by Howard Bashman

"Money Politics": Today's broadcast of the public radio program "On Point" included as guests Dahlia Lithwick and Lawrence Lessig discussing some of yesterday's U.S. Supreme Court rulings. You can listen online using RealPlayer and Windows Media Player.
Posted at 11:17 AM by Howard Bashman

Counting strikes under the Prison Litigation Reform Act to determine a prisoner's ability to proceed in forma pauperis: The U.S. Court of Appeals for the D.C. Circuit issued two rulings today on this issue. The more exhaustive ruling can be accessed here, while the other decision is here.
Posted at 11:08 AM by Howard Bashman

On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "High Court Rulings Show Judicial Divide" (featuring Nina Totenberg) and "Supreme Court Ruling Punctures Endangered Species Act."

RealPlayer is required to launch these audio segments.
Posted at 11:04 AM by Howard Bashman

"Court: Vasectomy 'Gift' Not Recoverable." The AP provides this report on a ruling that the Utah Court of Appeals issued last week.
Posted at 10:58 AM by Howard Bashman

"Court Upholds Prisoners' Right to Porn": The Associated Press provides a report that begins, "Convicted sex offenders in Sweden are free to read pornography in their cells following a court ruling that has angered the prison service."
Posted at 10:50 AM by Howard Bashman

"[F]ew participants (with the possible exception of IP lawyers) ever stop to consider the intellectual property regime governing karaoke." A $806,000 statutory-damage award for willful copyright infringement survives challenge under both the Eighth Amendment and the Fifth Amendment's Due Process Clause in this ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:15 AM by Howard Bashman

"Alito Champions Business Causes in First Full High-Court Term": Greg Stohr of Bloomberg News provides a report that begins, "In what may have been the most pro- business U.S. Supreme Court term in decades, standing out as companies' No. 1 ally was no small feat. Justice Samuel Alito managed it in his first full year."
Posted at 09:58 AM by Howard Bashman

"The Profession v. Gitmo: Lawyers, military or civilian, see war as just another legal case." Andrew C. McCarthy has this essay at National Review Online.
Posted at 07:50 AM by Howard Bashman

"Court's newcomers lead a measured push to the right; 5-4 rulings suggest that Roberts and Alito will reverse prior decisions -- to a point": Joan Biskupic has this front page article today in USA Today.
Posted at 07:44 AM by Howard Bashman

"N.Y. investor pools $1M for bond in Ga. teen sex case; Strangers pledge cash to free man while state appeals release order": This article appears today in USA Today.

The Los Angeles Times reports today that "$1 million pledged in teen sex case; Eleven entrepreneurs say they'll post bond to free Genarlow Wilson while his conviction for a consensual act is on appeal."

And The Atlanta Journal-Constitution reports that "$1 million pledged to cover bond for Wilson."
Posted at 07:42 AM by Howard Bashman

Monday, June 25, 2007

"Experts Analyze Supreme Court Free Speech Rulings": This segment (transcript with links to audio) featuring Walter Dellinger and Richard Garnett appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:30 PM by Howard Bashman

"Whose Opinion is Controlling in Hein? (Part One of Two)." David Stras has this interesting post at "SCOTUSblog." I think David's answer is correct.
Posted at 10:27 PM by Howard Bashman

In Tuesday's edition of The Washington Post: Robert Barnes will have a front page article headlined "5-4 Supreme Court Weakens Curbs on Pre-Election TV Ads; Ruling on McCain-Feingold Law Opens Door for Interest Groups in '08."

Charles Lane will have an article headlined "Court Backs School On Speech Curbs; A 5-4 Majority Cites Perils of Illegal Drugs In Case of the 'Bong Hits 4 Jesus' Banner."

And an article will report that "Justices Quash Suit Over Funds For Faith Groups."
Posted at 10:22 PM by Howard Bashman

Linda Greenhouse is reporting: Tuesday in The New York Times, she will have articles headlined "Vote Against Banner Shows Divide on Speech in Schools" and "Justices Reject Suit on Federal Money for Faith-Based Office."

And Tuesday's newspaper will also contain an article by Linda Greenhouse and David D. Kirkpatrick headlined "Justices Loosen Ad Restrictions in Campaign Law."
Posted at 10:18 PM by Howard Bashman

"Supreme Court: Decision Stands for Anna Mae He; The Court Won't Intervene in the Bitter Custody Battle over 8-Year-Old Girl." ABC News provides this report.

And The Associated Press reports that "Supreme Court Refuses Tenn. Custody Case."
Posted at 09:18 PM by Howard Bashman

"Fairness in Affirmative Action in Schools: Roberts Supreme Court Poised to Rule On Controversial Racial Issue." ABC News correspondent Jan Crawford Greenburg provides this written report.
Posted at 09:05 PM by Howard Bashman

"No $54 Million for Missing Pants, Judge Rules": The New York Times provides this news update.

And ABC News reports that "Judge Rules in Favor of Dry Cleaners in $54 Million Pants Lawsuit; Dry Cleaners Will Not Have to Pay Anything to Their Disgruntled Customer."
Posted at 09:03 PM by Howard Bashman

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Rules on Free-Speech Cases" (featuring Nina Totenberg) and "Court Allows Transfer of EPA Authority to States."

And today's broadcast of "Talk of the Nation" contained audio segments entitled "Supreme Court Rules Against Teen in Speech Case" (featuring David G. Savage) and "Millions for a Pair of Pants? Judge Says No!"

RealPlayer is required to launch these audio segments.
Posted at 07:30 PM by Howard Bashman

"Supreme Court rejects political ads curbs": Patti Waldmeir of Financial Times provides this report.
Posted at 07:15 PM by Howard Bashman

Warren Richey of The Christian Science Monitor is reporting: In Tuesday's issue of that newspaper, he will have articles headlined "Court restricts student expression; The Supreme Court ruled Monday that school officials retain discretion to censor student speech that they believe may encourage illegal drug use"; "Court clips campaign-finance law; In a 5-to-4 ruling, the Supreme Court justices say Wisconsin issue ads did not violate McCain-Feingold act"; and "Taxpayers can't sue over faith-based initiatives; A White House program to aid religious groups in providing social services survives a court test."
Posted at 06:00 PM by Howard Bashman

Reuters is reporting: James Vicini has articles headlined "Student loses ruling over 'Bong Hits 4 Jesus'"; "Court allows certain issue ads before elections"; and "Court: taxpayers can't sue on faith-based plan."

And in related coverage, "U.S. Supreme Court to review Medtronic case" and "Supreme Court won't review tamoxifen case."
Posted at 05:15 PM by Howard Bashman

Greg Stohr of Bloomberg News is reporting: He has articles headlined "High Court Limits Student Speech in 'Bong Hits' Case"; "Campaign Ad Limits Loosened"; and "Bush's Faith-Based Programs Win Shield at Top Court."
Posted at 05:12 PM by Howard Bashman

"Appeal Heard in Verizon-Vonage Case": The Associated Press provides a report that begins, "A judge suggested a possible compromise in a patent dispute between Internet phone carrier Vonage and Verizon Communications that would allow Vonage to continue signing up new customers while it modifies its technologies. Judge Timothy B. Dyk, part of the three-judge panel of the U.S. Court of Appeals for the Federal Circuit, made the remark during oral arguments Monday."

You can download the audio of today's oral argument of the U.S. Court of Appeals for the Federal Circuit via this link (66.2MB mp3 file).
Posted at 05:10 PM by Howard Bashman

"High Court Signals Rightward Tilt": Mark Sherman of The Associated Press provides this report.
Posted at 05:04 PM by Howard Bashman

Over the dissent of six judges, the Ninth Circuit denies rehearing en banc of three-judge panel decision that set aside one count of conviction of "Millennium Bomber" Ahmed Ressam: You can access today's order denying rehearing en banc, and accompanying dissent, at this link.
Posted at 04:58 PM by Howard Bashman

"Rulings From the High Court": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now."
Posted at 04:47 PM by Howard Bashman

"Supreme Court Rejects Election Ad Restrictions": law.com's Tony Mauro provides this news update.
Posted at 04:44 PM by Howard Bashman

"The Conservatives Crush": This afternoon's part three of Slate's "A Supreme Court Conversation" version of "The Breakfast Table" featuring Walter Dellinger and Dahlia Lithwick can be accessed here.
Posted at 04:40 PM by Howard Bashman

"High Court Hands Down Free-Speech Rulings": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:37 PM by Howard Bashman

Michael Doyle of McClatchy Newspapers is reporting: He has articles headlined "High court rules schools can curb student free speech"; "Campaign rules voided by Supreme Court"; and "Justices protect President Bush's faith-based initiatives."
Posted at 04:30 PM by Howard Bashman

David G. Savage of The Los Angeles Times is reporting: He has news updates headlined "Justices rule against student in 'bong hits' case; School principals may punish those who display signs that advocate drug use, the high court says in a narrow decision limiting free-speech rights" and "High court ends ban on corporate-funded campaign ads."
Posted at 04:25 PM by Howard Bashman

Legal Blawgs Web Archive Collection

Legal Blawgs Web Archive Collection