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Archived: 10/04/2007 at 19:06:04
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Thursday, October 04, 2007 "Policing sex-toy ban is not seen as high priority": The Tuscaloosa News today contains an article that begins, "While it's now against the law to sell sex toys in Alabama, enforcement of the law doesn't seem to be high on officials' list of threats to society." Posted at 12:38 PM by Howard Bashman "Appeals Court Leans Toward TiVo": The AP provides this report on a case argued today before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit. Posted at 12:35 PM by Howard Bashman "Senate Panel Approves Press Shield Bill": The Associated Press provides a report that begins, "The Senate Judiciary Committee on Thursday advanced a bill to shield reporters from being forced to reveal their sources in federal court, setting up a floor fight between supporters and Bush administration allies who believe the measure would harm national security." Posted at 12:32 PM by Howard Bashman "Clarence Thomas Unplugged": At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post that links to two online video segments (access them here and here) described as parts one and two of "the 'Director's Cut' version of [her] Clarence Thomas report for Nightline." Jan's post explains that "It's a special extended version and adds some extraordinary material we had to trim from the broadcast Monday night, including Thomas' thoughts on being cast as a 'follower' of Justice Antonin Scalia and his response to those who said he was not a worthy successor to Thurgood Marshall." Jan's post concludes, "Over the next few days, I'll be posting additional segments that explore Thomas as a Justice, including his thoughts on the usefulness of oral argument, why he believes the Constitution is 'color-blind,' and how he really feels about stare decisis." "Republicans seek quicker action on judges from the White House": The Hill today contains an article that begins, "Senate Republicans are growing increasingly concerned that the White House is dragging its feet in nominating judges to the federal bench, with some saying that the lack of nominees could undermine election-year GOP arguments of Democratic obstructionism." Posted at 12:23 PM by Howard Bashman "Officials: Justice's house fire intentional; No charges are filed in blaze that gutted home of judge on Texas Supreme Court." The Houston Chronicle today contains an article that begins, "The June fire that destroyed the Spring home of Texas Supreme Court Justice David Medina was intentionally set, the Harris County Fire Marshal's Office ruled Wednesday. Investigators would not comment on a motive for the arson, which destroyed a neighboring house and damaged a third, chief investigator Dan Given said Wednesday afternoon." Posted at 10:44 AM by Howard Bashman "Lethal injection won't go away, experts say; If chemical cocktail is ruled cruel and unusual, states likely to just adjust mix": This front page article appears today in The Houston Chronicle. And yesterday at "SCOTUSblog," Lyle Denniston had a post titled "Court drops one issue on lethal injection." Yesterday's order of the U.S. Supreme Court can be viewed at this link. "Law prof. borrows text for book": The Yale Daily News today contains an article that begins, "Several passages in Yale Law School professor Ian Ayres' '81 LAW '86 newest book are unattributed verbatim reproductions or nearly identical paraphrases of passages from various newspaper and magazine articles published in the last twenty years, an investigation by the News has shown." In a review of the book -- "Super Crunchers: Why Thinking-by-Numbers Is the New Way to Be Smart," by Law Professor Ian Ayres -- that David Leonhardt wrote for the September 16, 2007 issue of The New York Times Sunday Book Review, Leonhardt accused Ayres of including in the book "two sentences about a doctor in Atlanta that were nearly identical to two sentences I wrote in this newspaper last year." "Suit may spur greater Web access for blind; As more transactions move online, the case could prompt businesses and the government to adjust their pages": This article appears today in The Los Angeles Times. My earlier coverage of Tuesday's ruling of the U.S. District Court for the Northern District of California appears at this link. "Judge says U.S. must alert lawyer on detainee transfer; The ruling comes as the Supreme Court weighs whether prisoners held overseas have legal rights in U.S. system": Henry Weinstein has this article today in The Los Angeles Times. Posted at 08:52 AM by Howard Bashman "A Needed Shield: A bill protecting news sources is well balanced." This editorial appears today in The Washington Post. Relatedly -- under the heading "Shield Law Perils . . . Or Safeguards?" -- today's newspaper also contains an op-ed by Theodore B. Olson entitled "Limited Protections Are Vital to a Free Press," while Patrick J. Fitzgerald has an op-ed entitled "Bill Would Wreak Havoc on a System That Isn't Broken." "Memoirs Are Made of This: A Book Bash for Justice Clarence Thomas." The Washington Post today contains an article that begins, "Full of broad smiles, backslaps and bonhomie, the usually taciturn Supreme Court Justice Clarence Thomas was outspoken last night at a soiree celebrating his just-published memoir 'My Grandfather's Son.'" Posted at 08:30 AM by Howard Bashman "Democrats Won't Block Hearing for Gonzales Successor": This article appears today in The New York Times. The Washington Post today reports that "Leahy Set to Schedule Hearings on Mukasey; Demand for White House Papers Dropped." In addition, the newspaper contains an editorial entitled "A Hearing for Mr. Mukasey: The Senate should stop stalling consideration of the attorney general nominee." And The Los Angeles Times reports that "Mukasey hearing set to proceed; In light of papers withheld by White House, Senate panel signals it will hold the attorney general-designate to a higher standard." "ACLU Urges Supreme Court to Review NSA Warrantless Wiretapping Case": The ACLU issued this press release yesterday. The petition for writ of certiorari can be viewed at this link. Posted at 08:14 AM by Howard Bashman "Justices Seem to Support How New York State Selects Judges": Linda Greenhouse has this article today in The New York Times. Today in The New York Sun, Joseph Goldstein reports that "High Court Set To Let Parties Choose Judges." Yesterday, the newspaper contained an editorial entitled "Lopez Torres Before the Nine." And law.com reports that "Supreme Court Justices React Skeptically to N.Y. Judge Selection Challenge." You can access the transcript of yesterday's U.S. Supreme Court oral argument in New York State Board of Elections v. Lopez Torres, No. 06-766, at this link. "International Tort Crisis": Today in The Wall Street Journal, Norman Lamont has an op-ed that begins, "Most commentators who talk about the 'special relationship' the United States has with the United Kingdom focus on military, diplomatic and intelligence cooperation between our countries. But in many ways, the foundation of that relationship is economic. And, unfortunately, that foundation is now in jeopardy because of securities litigation in the U.S. and, in particular, one case -- Stoneridge v. Scientific Atlanta -- that will be heard by the U.S. Supreme Court on Oct. 9." Posted at 08:00 AM by Howard Bashman "A liberal's lament: The NRA might be right after all." Today in USA Today, Law Professor Jonathan Turley has an op-ed that begins, "This term, the Supreme Court may finally take up the Voldemort Amendment, the part of the Bill of Rights that shall not be named by liberals. For more than 200 years, progressives and polite people have avoided acknowledging that following the rights of free speech, free exercise of religion and free assembly, there is 'the right of the people to keep and bear arms.'" Posted at 07:50 AM by Howard Bashman "Justice Scalia Joins 24": Slate provides this video parody written by Dahlia Lithwick. Posted at 07:37 AM by Howard Bashman "Drugs, Disparity, and Judicial Sentencing Discretion: Two Cases Invite the Roberts Court To Finally Clarify What Constitutes A Reasonable Sentence Under the Now-Advisory U.S. Sentencing Guidelines." Mark H. Allenbaugh and Donald A. Purdy, Jr. have this essay online at FindLaw. Posted at 07:33 AM by Howard Bashman Wednesday, October 03, 2007 "Report: Security for Judges Falls Short." Hope Yen of The Associated Press has a report that begins, "Federal judges are in danger because the U.S. Marshals Service does not work quickly enough to protect them amid growing threats of violence, Justice Department investigators said Wednesday." The report of the Office of the Inspector General of the U.S. Department of Justice is titled "The United States Marshals Service Judicial Security Process." "Secret U.S. Endorsement of Severe Interrogations": The New York Times on Thursday will contain a lengthy article that begins, "When the Justice Department publicly declared torture 'abhorrent' in a legal opinion in December 2004, the Bush administration appeared to have abandoned its assertion of nearly unlimited presidential authority to order brutal interrogations. But soon after Alberto R. Gonzales's arrival as attorney general in February 2005, the Justice Department issued another opinion, this one in secret. It was a very different document, according to officials briefed on it, an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency." Posted at 10:53 PM by Howard Bashman What's a federal district court to do when a pro se litigant who is unable to afford counsel asks the district court to recruit pro bono counsel? Back in late December 2006, I had a post titled "Chief Judge Easterbrook versus Circuit Judge Posner, once again" reporting on the divided three-judge panel's ruling in this case. Thereafter, the Seventh Circuit granted rehearing en banc in the case, and today the en banc court issued its ruling, which appears to side with the dissenting view on the original three-judge panel. "Lawyer: Kent sex complaint more than words." The Galveston County Daily News today contains an article that begins, "When Cathy McBroom complained in May that she had been sexually harassed by U.S. District Judge Samuel B. Kent, she wasn't just recounting an off-color remark. Rather, she described an episode that her attorney, Rusty Hardin, characterized as unwanted physical contact." The article goes on to report, "While Hardin wouldn't further describe what McBroom claims happened, The Daily News was told the judge called his case manager to his office, where physical contact occurred. When she resisted, he told her she owed him because he had interceded in her favor in a dispute among clerk's office employees, the paper was told. Since Kent was suspended in August, The Daily News has conducted interviews with more than a dozen members of the legal community -- lawyers, their employees and employees of the court. Some claimed first-hand knowledge of allegations of Kent's misconduct, but none agreed to be identified. McBroom wasn't the only female employee Kent, who is more than 6 feet tall and more than 200 pounds, is alleged to have touched inappropriately, The Daily News was told. The judicial council's report also seems to indicate more than one incident occurred." Later, the article states, "Those aren't the only reports that Kent engaged in inappropriate conduct. Other sources have told The Daily News that, at a party and in the offices of a law firm, a drunken Kent cornered women and grabbed them." And The Houston Chronicle reports today that "Congress might consider Kent investigation." "Anita Hill, stung by justice's book, stands by story; She defends 1991 testimony about Thomas": This article appears today in The Boston Globe. Posted at 10:14 PM by Howard Bashman "Government duty in detainee cases narrowed": At "SCOTUSblog" this evening, Lyle Denniston has a post that begins, "The D.C. Circuit Court, in a significant opinion Wednesday denying rehearing in the key case setting procedures for civilian court review of Guantanamo Bay detainees' legal status, appeared to have narrowed an earlier ruling that had stirred a vehement protest by the government." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Anger Still Fresh in Clarence Thomas' Memoir": Monica Dolin has this review online today at ABCNews.com. Posted at 08:40 PM by Howard Bashman Colorado Rockies 4, Philadelphia Phillies 2: Well, no one said the post-season would be easy. This afternoon, my son and I were at Citizens Bank Park to see game one of this Division Series match-up. The Rockies stayed red-hot, while the Phillies are once again facing the same sort of adversity that the team has thrived in the face of all season. When two "Baseball Tonight" commentators on this morning's broadcast of ESPN's "SportsCenter" both picked the Phillies to face the New York Yankees in the World Series this year, they said that the Rockies-Phillies series would go five games. I don't have tickets in this series again until game five, so I hope it happens, although I'd settle for a Phillies sweep of the next three in a row. Tomorrow afternoon's game is now almost a must-win for the Phillies. Unlike today, I'll be watching that game on television. You can access the box score of today's game at this link, while wraps from MLB.com are here and here. Programming note: Due to an event that my son and I will be attending out-of-the-office this afternoon, additional posts will appear here this evening. Plenty of additional coverage of the event can be accessed here and here, and don't forget to study these notes in advance of this afternoon's 3:07 p.m. eastern time start. "Court Hears NY Judicial Elections Case": Mark Sherman of The Associated Press provides this report. Posted at 12:04 PM by Howard Bashman Additional coverage of Justice Clarence Thomas's new book, "My Grandfather's Son: A Memoir." Ann Althouse is blogging her way through the book. At "Althouse," you can access recent posts titled "Justice Thomas steels himself by listening, over and over, to 'The Greatest Love of All'"; "Justice Thomas drives south, 'drinking beer and watching other cars slide off the road and crash into one another'"; "Clarence Thomas helps 'a sister' -- Anita Hill"; "Clarence Thomas on middle-class white women who think they're 'oppressed'"; "'Cases and terms of which I knew nothing swirled about me in an incomprehensible miasma'"; and "Clarence Thomas on Ayn Rand." Yesterday's broadcast of "The Daily Show with Jon Stewart" contained video segments titled "Minority Opinion: Justice Clarence Thomas not only disagrees with the Left - he personally hates them" and "Here Comes the Grudge: Jason Jones reports that justice is blind until she gets her hands on the person who blinded her." And on a more serious note, an interview with Justice Thomas appeared yesterday on the Fox News program "Hannity & Colmes." You can access both a text report and three video reports (part one; part two; and part three). "'Howl' too hot to hear; 50 years after poem ruled not obscene, radio fears to air it": The San Francisco Chronicle today contains an article that begins, "Fifty years ago today, a San Francisco Municipal Court judge ruled that Allen Ginsberg's Beat-era poem 'Howl' was not obscene. Yet today, a New York public broadcasting station decided not to air the poem, fearing that the Federal Communications Commission will find it indecent and crush the network with crippling fines." And online at the First Amendment Center, Lydia Hailman King has a report headlined "'Howl' obscenity prosecution still echoes 50 years later." "Porn Vendor, Paper Among Mukasey Clients": The Associated Press provides this report. Posted at 10:30 AM by Howard Bashman "Thomas seen as role model": The Washington Times today contains an article that begins, "U.S. Supreme Court Justice Clarence Thomas has lived a life that should serve as an example for today's youth -- one of hard work, self-discipline, academic achievement and moral conviction, conservative blacks say." Posted at 09:20 AM by Howard Bashman "Panel Is Told of 'Mess' Over Eavesdropping": Today in The New York Times, Neil A. Lewis has an article that begins, "Jack L. Goldsmith, a Harvard law professor who led the Justice Department office that objected to a Bush administration domestic eavesdropping plan, told a Senate committee on Tuesday that the situation became a 'legal mess' because the White House did not believe either the courts or Congress had any role to play." And The Washington Post today contains articles headlined "White House Secrecy On Wiretaps Described" and "Telecoms Pressed on Surveillance; Democrats Seek Details on What Government Is Given." "California Supreme Court will rule on boycott leafleting at a mall": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A divided California Supreme Court debated Tuesday whether a mall can prohibit union members and others with gripes about retailers from leafleting shoppers to urge a boycott. The case is an outgrowth of the court's landmark 1979 ruling that extended the state constitutional right of free expression to large shopping centers, which the justices described as the modern equivalent of a town square. By contrast, the U.S. Supreme Court has ruled that the federal Constitution prohibits only government interference with free speech." Posted at 09:08 AM by Howard Bashman "Judges weigh whether city's emblem religious; Las Cruces, N.M., man says cross is; city calls symbol historic": Yesterday's issue of The Denver Post contained an article that begins, "Three Latin crosses displayed on the official city emblem of Las Cruces, N.M., are the subject of a legal battle over the U.S. Constitution's treatment of religion and its proper place in government. The fight made its way to the 10th U.S. Circuit Court of Appeals on Monday as a three-judge panel heard arguments from lawyers representing the city and Paul Weinbaum, a resident who is fed up with the seal." Posted at 09:05 AM by Howard Bashman "Two court employees suing over Bible study; Group meetings at courthouse barred": The San Diego Union-Tribune today contains an article that begins, "Two San Diego court employees are suing the Superior Court because they say they have been prohibited from holding a lunch-hour Bible study in the courthouse. The federal civil rights suit claims court officials unfairly denied the group's request to meet in an empty courtroom or jury deliberation room." The "Religion Clause" blog provides this post linking to the plaintiffs' complaint initiating suit in federal court. "Malvo Offers an Apology By Phone; Five Years Later, Sniper Talks to Ariz. Victim's Daughter": The Washington Post contains this article today. Posted at 08:57 AM by Howard Bashman "Texas Ruling Signals Indefinite Halt to Executions": This article appears today in The New York Times. The Austin American-Statesman reports today that "Ruling could halt Texas executions; After stay, temporary ban likely while judges debate appeal." The Houston Chronicle reports that "Appeals court halts execution of Honduran man." The Dallas Morning News reports that "Arlington killer granted reprieve." The Fort Worth Star-Telegram reports that "Gunman in Arlington case gets stay of execution." And The Los Angeles Times contains an editorial entitled "The death penalty injection paradox: The search for 'humane' capital punishment could end up making state-sanctioned killing more prevalent." "Justice's house fire seen as 'suspicious'": The Houston Chronicle today contains a front page article that begins, "Three months after a fire destroyed the home of Texas Supreme Court Justice David Medina, investigators are treating the blaze as arson, saying it is 'very suspicious,' in part because a dog detected an accelerant, the Harris County Fire Marshal's Office said Tuesday." The article goes on to report that "Green said six 'persons of interest,' all of whom are Medina family members or friends, have been identified in the investigation, which is expected to be completed within 90 days. He said there were inconsistencies in Medina's and his wife's account of where he was the night of the fire. She was at home. Contacted by telephone on Tuesday, Medina said he would not comment about his whereabouts that night. The judge also said he was unaware that investigators had identified six people of interest, including family members and friends." "Justices Take Up Discretion of the Courts in Sentencing": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Court Revisits Sentencing Guidelines; Increased Penalties for Crack Cocaine Disproportionately Affect Blacks." The newspaper also contains an editorial entitled "The Crack Gap: The Supreme Court hears a case about unequal penalties for cocaine possession." David G. Savage of The Los Angeles Times reports that "Justices say they lean to sentencing leeway; Foes of strict guidelines point to overcrowded prisons and substantial variations in terms." And Joan Biskupic of USA Today reports that "High court examines judges' power to be lenient; Some impose penalties that fall short of what sentencing guidelines call for." "Mukasey Papers Cite Giuliani Friendship; Nominee Recused Himself From Cases": This article appears today in The Washington Post. Posted at 08:25 AM by Howard Bashman "Judge allows class action against Target website": Reuters provides a report that begins, "A federal judge in California certified a class action lawsuit against Target Corp brought by plaintiffs claiming the discount retailer's website is inaccessible to the blind, according to court documents. Judge Marilyn Patel of the U.S. District Court for the Northern District of California also rejected Target's motion for summary judgment in the case, according to the ruling filed October 2." And the National Federation of the Blind has issued a press release headlined "Court Ruling Says California Disabled Rights Law Applies to the Web; Federal Court Issues Landmark Decision Certifying Nationwide Class Action Against Target Corporation to Make its Web Site Accessible to the Blind." I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of California. "Appeals Court Extends Time for Suit on Holocaust Insurance Payments": The New York Times today contains an article that begins, "A federal appeals court yesterday extended a long-running dispute over unpaid life insurance claims brought by victims of the Holocaust and their families, potentially reopening a case that many thought had been resolved." You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Second Circuit at this link. "When $1,000 an Hour Is Not Enough": David Lat has this article today in The New York Times. Posted at 08:05 AM by Howard Bashman "Justice Thomas looks back in anger": Today in The Philadelphia Inquirer, Karen Heller has a book review that begins, "Clarence Thomas has sat on the Supreme Court for 16 years. He chose this week, the moment of the court's return, to publish his $1.5 million My Grandfather's Son, possibly the most intimate, angry and vindictive book ever written by a justice on the nation's highest court, the government's last bastion of professional reserve." And today in The Washington Post, columnist Ruth Marcus has an op-ed entitled "One Angry Man: Clarence Thomas Is No Victim." "State panel files complaint against Judges Fiss, Young in DUI case; Discipline sought for judges' actions": The Belleville (Ill.) News-Democrat today contains an article that begins, "St. Clair County Circuit Judges Patrick Young and Jan V. Fiss drank Bloody Marys and beers before a traffic crash that injured a Swansea man, according to an Illinois Judicial Inquiry Board complaint filed Tuesday. The complaint alleges the judges' actions were 'prejudicial to the administration of justice and brought the judicial office into disrepute,' and seeks to discipline them." The Madison County Record reports today that "Judicial Inquiry Board files complaint against Fiss and Young." And The Associated Press reports that "2 Judges' Jobs on Line After Car Wreck." You can access the Illinois Judicial Inquiry Board's complaint both here and here. "Anita Hill vs. Clarence Thomas, Redux": These seven letters to the editor appear today in The New York Times. Posted at 07:45 AM by Howard Bashman "High Court Seems To Tilt Toward City on Special Ed": Yesterday in The New York Sun, Joseph Goldstein had an article that begins, "The Supreme Court appears poised to make it more difficult for the parents of children with disabilities to get the government to pay for a private education. On the first day of the high court's new term yesterday, several justices seemed to side with New York City's interpretation of a federal law that requires school districts to pay for children who require specialized teaching techniques to attend private schools." Posted at 07:35 AM by Howard Bashman In commentary available online from FindLaw: Marci Hamilton has an essay entitled "Did the Six Supreme Court Justices Who Chose to Attend the 54th Annual 'Red Mass' Exercise Bad Judgment?" And Joanna Grossman has an essay entitled "Maryland's Highest Court Rules Against A Claim to a Right to Same-Sex Marriage: Why, In This Area, Litigation Still Matters." Tuesday, October 02, 2007 "NOW takes Kent complaint to Congress": The Galveston County Daily News today contains a front page article that begins, "The National Organization of Women said Monday it was asking Congress to investigate whether U.S. District Judge Samuel B. Kent should be impeached and removed from the bench." On Sunday, that newspaper contained an article headlined "Experts: Judges discipline too secretive." In addition, Heber Taylor had an op-ed entitled "Judge story displays arrogance in court." And The Associated Press reports that "Reprimanded federal judge accustomed to attention." "Witness for the Persecution": Today in The Washington Post, columnist Eugene Robinson has an op-ed that begins, "I believe in affirmative action, but I have to acknowledge there are arguments against it. One of the more cogent is the presence of Justice Clarence Thomas on the U.S. Supreme Court." And at the Pajamas Media web site, Richard Miniter has a post titled "My Dinner With Clarence Thomas." Available online from law.com: Shannon P. Duffy reports that "3rd Circuit to Hear Appeal of Prayer Lawsuit Over High School Coach's Actions; Coach's lawyer had argued that bowing and genuflecting are secular coaching techniques for fostering team unity." And Mike McKee reports that "Lawyers' Notes Become Ethics Test in Case Before Calif. Supreme Court; Justices hear arguments from an attorney who used pretrial notes he inadvertently obtained from the opposing counsel." "State of Washington Defends Its Primaries Before Supreme Court": Robert Barnes has this article today in The Washington Post. The Seattle Times reports today that "Justices question state's 'top two' primary." The Seattle Post-Intelligencer reports that "Supreme Court justices skeptical of state's 'top-two' primary system." Joan Biskupic of USA Today reports that "Court weighs rights of parties and candidates; Organizations fight Wash. law." And Michael Doyle of McClatchy Newspapers reports that "State's primary laws get harsh critique from Supreme Court." "Appeal planned in Garden Grove girl-kissing case; Lawyer for then-student says he’ll appeal ruling against girl punished for kissing other girl at Garden Grove school": The Orange County Register provides this news update. And The Los Angeles Times reports today that "Judge rules against lesbian in O.C. school suit; Garden Grove officials were found not to have violated the student's rights when they disciplined her for kissing her girlfriend on campus." "Supreme Court Turns Down Cases on Religious Separation": Linda Greenhouse has this article today in The New York Times. David G. Savage of The Los Angeles Times reports today that "High court says no to new rights for church groups; Justices rebuff a quest for services in a library, along with a Catholic group's effort to avoid paying for employees' birth control." Joseph Goldstein of The New York Sun reports that "Supreme Court Declines To Hear Church-State Cases." And Bob Egelko of The San Francisco Chronicle has articles headlined "East Bay church's plea rejected by U.S. Supreme Court" and "Supreme Court denies hearing for fired 'honk for peace' teacher." "Court opens, Thomas center stage; Jurist's new memoir, '60 Minutes' interview grab spotlight before his more assertive colleagues take reins": James Oliphant has this article today in The Chicago Tribune. Posted at 10:30 PM by Howard Bashman "Judicial Pushback: Two rulings curtail the Bush administration's overreaching in national security investigations." This editorial appears today in The Washington Post. Posted at 10:25 PM by Howard Bashman "Real Judicial Elections": The New York Times today contains an editorial that begins, "The United States Supreme Court hears arguments tomorrow in a challenge to New York's undemocratic method of electing its Supreme Court judges. A federal appeals court ruled that the process, a relic of the era of clubhouse politics, infringes on the constitutional rights of voters and candidates. The Supreme Court should affirm that well-reasoned decision." Posted at 10:08 PM by Howard Bashman "Supreme Court Preview": This audio segment (available in both RealPlayer and Windows Media Player formats) featuring Jeffrey Toobin and Law Professor Jeffrey Rosen appeared on Monday's broadcast of the public radio program "The Diane Rehm Show." Posted at 08:34 PM by Howard Bashman "The war over unconscious bias: Wal-Mart and others are facing class actions for job discrimination; But the biggest problem isn't their policies, it's their managers' unwitting preferences; Can any company be immune?" In the October 15, 2007 issue of Fortune magazine, Roger Parloff will have an article that begins, "Last February a federal appeals court panel in San Francisco decided, 2-1, to allow the largest class action employment discrimination case ever convened to go forward against Wal-Mart Stores." Posted at 08:20 PM by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Court Mulls Crack-Cocaine Sentencing Disparity" (featuring Nina Totenberg); "Disparity Related to Crime History of Crack" (featuring Law Professor Doug Berman); and "Ex-Official Speaks Against Key Bush Strategies" (reporting on Law Professor Jack Goldsmith's congressional testimony today). Posted at 08:17 PM by Howard Bashman "Justice Thomas: I'm not 'bitter', you 'uninformed ... traitor'": Scott Moss has this post today at "PrawfsBlawg." A much more favorable perspective on Justice Clarence Thomas's new book -- "My Grandfather's Son: A Memoir" -- can be found at the "Justice Thomas Appreciation Page." That blog also contains a post providing an email address "to send feedback to Justice Clarence Thomas on his new book." Congratulations to Law Professor Daniel J. Solove of the "Concurring Opinions" blog on the publication of his new book, "The Future of Reputation: Gossip, Rumor, and Privacy": Additional details are available here. Posted at 08:02 PM by Howard Bashman "Run-On Sentencing: The Supreme Court takes another crack at the sentencing mess." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 07:54 PM by Howard Bashman Today's links for a certain Philadelphia Phillies fan on the U.S. Supreme Court: Today in The Philadelphia Inquirer, retired columnist Bill Lyon has an essay entitled "Never-say-die Phillies offer reason to believe; A surging, surprising team finds a place in our hearts." And The Rocky Mountain News reports today that "Rockies, Phillies set to rekindle contentious relationship." Update: In addition, the brand new issue of Sports Illustrated contains a cover story headlined "J-Rollin' In Philly: Why Jimmy Rollins Is MVP." "GOP Still Hunting for Southwick Votes": Roll Call today contains an article that begins, "While it appears increasingly likely that the Senate will punt a vote on the controversial appellate court nomination of Leslie Southwick until at least after the October recess, Republican leaders are still eyeing the possibility of a roll call this week and are igniting a wholesale lobbying campaign to try to come up with 60 votes to win his confirmation." And today at Politico.com, Carrie Budoff Brown has an article headlined "Bush stirs sparks on judges" that begins, "President Bush's snub of home-state senators on several recent judicial nominations could doom those candidates in the Senate, setting the stage for a confrontation fueled by election-year politics. Senators from Virginia, New Jersey and Michigan are threatening to withhold support for U.S. Court of Appeals nominees because they say Bush dismissed their recommendations." "Step by step on a path toward conservatism; From 'black radical' to Reagan Republican, Clarence Thomas logs his trip": David G. Savage has this article today in The Los Angeles Times. Posted at 05:25 PM by Howard Bashman What we have here is a failure to communicate: A unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit today issued a very short but interesting decision holding that a criminal defense lawyer who did not hear his client's spoken request to appeal from the client's judgment of conviction and sentence was not ineffective for failing to appeal where no valid basis for appeal was readily apparent. Posted at 04:54 PM by Howard Bashman "Ex-White House Lawyer Targets Spy Tactic": The Associated Press provides a report that begins, "A former top lawyer for the Bush administration on Tuesday said that parts of the President Bush's much-criticized eavesdropping program were illegal. There were aspects of the Terrorist Surveillance Program 'that I could not find the legal support for,' Jack Goldsmith, the former head of the Justice Department's Office of Legal Counsel, told the Senate Judiciary Committee." Earlier, on today's broadcast of NPR's "Morning Edition," Nina Totenberg previewed today's hearing in an audio segment titled "Senate Panel to Hear from Ex-DOJ Official." "State set to enforce ban on sex toys; Supreme Court won't hear store owner's challenge": The Huntsville Times today contains an article that begins, "Within days, police and deputies in Alabama could begin to arrest merchants who sell sex toys. Monday, the U.S. Supreme Court declined to hear the challenge of a state ban on sex toy sales by Sherri Williams, effectively ending a nine-year legal battle over the constitutionality of the law." Posted at 04:15 PM by Howard Bashman "CBS vs. ABC: The Thomas interviews." Mark Obbie has this interesting post today at his "LawBeat" blog. Posted at 04:05 PM by Howard Bashman "The Smear This Time": Today in The New York Times, Anita Hill has an op-ed that begins, "On Oct. 11, 1991, I testified about my experience as an employee of Clarence Thomas's at the Equal Employment Opportunity Commission. I stand by my testimony." Hill also appeared on today's broadcast of the ABC News program "Good Morning America." Via ABCNews.com, you can access both written and video coverage of her appearance. And The Associated Press provides a report headlined "Hill: Thomas Harassment Charge True." "Crack Sentence Gets High Court Review": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court wrestled Tuesday with how to give judges discretion to impose shorter prison terms, including for some crack cocaine crimes, without abandoning the long-standing national goal of similar punishments for similar crimes. In a pair of cases involving drug crimes, trial court judges handed down sentences that were shorter than those called for in the federal sentencing guidelines established by the U.S. Sentencing Commission." Robert Barnes of The Washington Post has a news update headlined "Supreme Court Weighs Federal Sentencing Guidelines." And at "SCOTUSblog," Lyle Denniston has a post titled "Analysis: More trouble for Guidelines." From National Public Radio, Nina Totenberg previewed the oral arguments on today's broadcast of "Morning Edition" in a segment titled "Justices to Review Cases on Sentencing Limits" (segment begins 4 minutes and 24 seconds into audio clip). And on today's broadcast of "Day to Day," Dahlia Lithwick had an audio segment titled "Justices Review Disparities in Drug Sentencing." RealPlayer is required to launch these audio segments. The U.S. Supreme Court has posted online the transcript of today's oral arguments in Gall v. United States, No. 06-7949, and Kimbrough v. United States, No. 06-6360. "Judge slams lawyers' delays; The attorneys were sanctioned for stalling in a class-action case": The Philadelphia Inquirer today contains an article that begins, "Delivering a blistering rebuke, a federal judge slammed some of the region's top law firms and lawyers, saying they deliberately dragged their feet in producing evidence in a class-action lawsuit." Last Friday, U.S. District Judge James Knoll Gardner of the Eastern District of Pennsylvania issued this opinion and order in the case. Update: And at WSJ.com's "Law Blog," Peter Lattman has a post titled "Federal Judge Slams Pennsylvania Lawyers." Programming note: I'll be presenting oral argument today before a three-judge panel of the Superior Court of Pennsylvania in the appeal that was the subject of this commentary. Additional posts will appear here later today. Update: The oral argument seemed to go quite well from my client's perspective. Monday, October 01, 2007 "An evening with Justice Thomas": Paul Mirengoff has this post tonight at "Power Line." Posted at 10:40 PM by Howard Bashman "Court looks again at sentencing laws: The Supreme Court takes up two cases Tuesday that could bring clarity to what has become a murky federal sentencing system." Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 10:35 PM by Howard Bashman "Courting Justice Kennedy's 'Swing' Vote": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 10:02 PM by Howard Bashman "In the Bedroom: A first Monday heavy with rumor and gossip." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 09:03 PM by Howard Bashman "Former Presidents Can't Withhold Records": The Associated Press provides a report that begins, "Presidents don't have indefinite veto power over which records are made public after they've left office, a federal judge ruled Monday." You can access today's ruling of the U.S. District Court for the District of Columbia at this link. "'My Grandfather's Son' by Clarence Thomas: The Supreme Court justice lambastes liberals and those who challenged his confirmation." Edward Lazarus has this book review today in The Los Angeles Times. Posted at 05:47 PM by Howard Bashman "Rush Interviews Justice Clarence Thomas": You can access at this link a transcript of the 90-minute interview broadcast today on The Rush Limbaugh Show. Posted at 05:35 PM by Howard Bashman "Court Leaves Ala. Sex Toy Ban Intact": The Associated Press provides a report that begins, "The U.S. Supreme Court declined Monday to hear a challenge to Alabama's ban on the sale of sex toys, ending a nine-year legal battle and sending a warning to store owners to clean off their shelves." Posted at 05:24 PM by Howard Bashman "Crack Sentencing Is Wack: But a fix may finally be on the way." Harlan J. Protass has this jurisprudence essay online at Slate. Posted at 03:42 PM by Howard Bashman "Supreme Court convenes to crowded, controversial docket": Bob Egelko has this article today in The San Francisco Chronicle. Laura Smith-Spark of BBC News has a report headlined "US Supreme Court's swing to right: As the US Supreme Court begins a new term, it promises once again to become the stage where America's ideological battles are played out." And James Vicini of Reuters reports that "U.S. court opens term, with terrorism, death penalty." "Lilly Withstands U.S. High Court Challenges to Zyprexa Patent": Greg Stohr of Bloomberg News provides this report. Posted at 02:12 PM by Howard Bashman Reuters is reporting: James Vicini reports that "U.S. top court won't hear Guantanamo prisoner's case." And in other news, "US top court rejects tobacco industry in Fla. case." Access online the transcript of today's U.S. Supreme Court oral argument in Washington State Grange v. Washington State Republican Party, No. 06-713: The Court has posted the transcript at this link. Update: The transcript of the other case argued today, Board of Education of the City School District of the City of New York v. Tom F., No. 06-637, can now be accessed here. "David Savage, Los Angeles Times, Supreme Court Reporter reviews the major cases of the Supreme Court term which begins today." C-SPAN has posted online this video segment (RealPlayer required) from today's broadcast of "Washington Journal." Posted at 02:00 PM by Howard Bashman The Associated Press is reporting: An article reports that "Washington State's Primary System Argued." And Mark Sherman reports that "Dispute on Private School Payments Heard." "Court opens term with First Amendment case": Tony Mauro has this news analysis at the First Amendment Center. Posted at 12:55 PM by Howard Bashman Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Court refuses to hear Hamdan case" and "Court opens new Original case in water dispute." Posted at 12:52 PM by Howard Bashman "Justices' docket a combustible mix; Death penalty, guns, drugs among issues": James Oliphant has this article today in The Chicago Tribune. And today in The Christian Science Monitor, Warren Richey has an article headlined "Too-close-to-call cases at Supreme Court; In this term, beginning Monday, several key cases could hinge on one justice." "Commentary: Conservative Supreme Court is Bush's legacy." Jeffrey Toobin has this essay online at CNN.com. Posted at 11:45 AM by Howard Bashman "Court Time: Why I'm Not Looking Forward to the New Supreme Court Term." Benjamin Wittes has this essay today at The New Republic. Posted at 10:40 AM by Howard Bashman "Detainee, Gun Cases at High Court May Temper Roberts-Led Shift": Greg Stohr of Bloomberg News provides this report. Posted at 10:20 AM by Howard Bashman In early coverage of today's denials of review by the U.S. Supreme Court: The first Monday in October is typically accompanied by a lengthy Order List from the U.S. Supreme Court denying review in a massive number of cases. Today is no different. You can access today's 83-page Order List at this link. The Associated Press provides reports headlined "High Court Won't Hear Birth Control Case"; "Court Refuse Osama Driver Detainee Case"; "Court Rejects Tobacco Case"; "Court Turns Down Evangelical Group"; and "High Court Won't Hear Two Religion Cases." On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Detainee Rights to Top Supreme Court Docket" (featuring Nina Totenberg) and "Justice Clarence Thomas' Memoir Hits Stores." RealPlayer is required to launch these audio segments. "Sowell of a Justice: An early influence on Clarence Thomas." Kathryn Jean Lopez has this essay at National Review Online. Posted at 09:14 AM by Howard Bashman "Kennedy talks poverty, rights; Justice avoids topic of Court politics": Last Friday's issue of The Yale Daily News contained an article that begins, "He may be the swing vote on the U.S. Supreme Court, but Anthony Kennedy said calling it the 'Kennedy Court' might motivate his colleagues to rebel. 'If you keep saying that, the decisions will be 8-1,' Kennedy joked after delivering a lecture at the Yale Law School. His speech, according to attendees, mostly avoided talk about the High Court, its decisions and its internal politics." A related photo can be viewed at this link. Posted at 08:20 AM by Howard Bashman "On the Bench in the Philippines, An Improbable Revolutionary; Chief Justice Campaigns to End Killings of Journalists, Activists": The Washington Post contains this article today. Posted at 08:05 AM by Howard Bashman "Woman Suing IRS Over Sex-Change Tax Claims; Case to Test if Procedure Is Deductible": This article appears today in The Washington Post. Posted at 08:04 AM by Howard Bashman "Courtroom to be full as jury selection starts": The Rene Gazette-Journal today contains an article that begins, "Beginning today, a stretch of Virginia Street in front of the Washoe District Court will be lined with large satellite television vans as jury selection begins in Darren Mack's trial on charges of murder and attempted murder. National, state and local news organizations will pack the courtroom as prosecutors and defense lawyers begin questioning potential jurors to decide the fate of the 45-year-old pawn shop owner, charged with fatally stabbing his 39-year-old estranged wife, Charla, and shooting their divorce judge, Chuck Weller." And The Associated Press reports that "Reno Courthouse Shooting Case to Begin." "Yale Law, Newly Defeated, Allows Military Recruiters": The New York Times contains this article today. Posted at 07:54 AM by Howard Bashman "Exoneration Using DNA Brings Change in Legal System": This article appears today in The New York Times. Posted at 07:50 AM by Howard Bashman "The Right Judicial Litmus Test": Today in The Wall Street Journal, Law Professor Steven G. Calabresi has an op-ed that begins, "Today the U.S. Supreme Court begins its second full term since President Bush's appointments of Chief Justice John Roberts and Associate Justice Samuel Alito. Given the complaints made by many on the left and in the press about the Court's alleged 'radical turn to the right' last year, now is a good time to consider how the Court ought to decide its constitutional cases." Posted at 07:48 AM by Howard Bashman "New Issues, Familiar Battles: Supreme Court Begins Term With Kennedy Again as Swing Vote." Jess Bravin has this article today in The Wall Street Journal. Today in The Washington Post, Robert Barnes reports that "Supreme Court to Take On Contentious Cases in New Term." David G. Savage of The Los Angeles Times reports that "Guantanamo inmates' rights to get fresh look; The Supreme Court will also consider drug sentences, workplace fairness and how lethal injection is carried out." In addition, the newspaper contains an editorial entitled "Consensus on the Supreme Court: After a fractious last term, the Supreme Court has a fresh chance to forge a strong voice." And at National Review Online, Jonathan H. Adler has an essay entitled "First Monday: What next for the 'Kennedy Court'?" "Thomas memoirs try to clear 'untruths' about him": Joan Biskupic has this article today in USA Today. Today in The Washington Post, Kevin Merida has an essay entitled "To Cite a 'Mockingbird': Justice Thomas Casts His Ordeal in a Literary Light." And The New York Sun reports today that "Justice Thomas's Remarks May Impact Race in 2008." "Court To Hear Ground Zero Liability Case": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal appeals court's reading of an obscure Cold War-era law, passed amid fears of a Soviet nuclear attack, will decide whether the thousands who toiled at ground zero can hold the city liable for their exposure to toxins. The U.S. 2nd Circuit Court of Appeals, which sits in Manhattan, will hear oral arguments today on whether the city is immune from lawsuits brought by the thousands of firefighters, police officers, and construction workers who searched for survivors and cleaned up on the site of the World Trade Center." Posted at 07:35 AM by Howard Bashman "Clarence Thomas: The Justice Nobody Knows; Supreme Court Justice Gives First Television Interview To 60 Minutes' Steve Kroft." You can access the transcript of Sunday's "60 Minutes" segments by clicking here (or click here to access the single-page print version). The two video segments themselves can be accessed online here (part one) and here (part two). "Law-and-order issues top Supreme Court docket": Bill Mears has this report at CNN.com. Posted at 12:23 AM by Howard Bashman Sunday, September 30, 2007 "Previewing the Supreme Court's New Session": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition Sunday." Posted at 11:30 PM by Howard Bashman "Supreme Court facing a broad array of issues": David G. Savage will have this article Monday in The Los Angeles Times. Posted at 10:24 PM by Howard Bashman "Black judge: my sex case anger." Today in The Sunday Times of London, Sarah Baxter has an article that begins, "The Supreme Court justice Clarence Thomas has broken a 16-year silence to reveal the bitterness he feels towards the woman who tried to derail his confirmation by accusing him of sexual harassment." Posted at 10:20 PM by Howard Bashman ABC News has posted online Jan Crawford Greenburg's eight-part write-up of her interviews with Justice Clarence Thomas in connection with his new book, "My Grandfather's Son: A Memoir." You can access all eight parts via a web page headlined "Justice Clarence Thomas Speaks Out: Exclusive Analysis, Video Clips and Photos on the Controversial Supreme Court Justice." Part one is titled "My Grandfather's Son" (for single-page print version, click here). Part two is titled "The Integrator" (for single-page print version, click here). Part three is titled "Going North" (for single-page print version, click here). Part four is titled "A Conservative in Washington -- And the Personal Struggles" (for single-page print version, click here). Part five is titled "Finding Peace" (for single-page print version, click here). Part six is titled "Becoming a Judge -- and perhaps a Justice" (for single-page print version, click here). Part seven is titled "'Traitorous' Adversaries: Anita Hill and the Senate Democrats" (for single-page print version, click here). And part eight is titled "Rebuilding a Life" (for single-page print version, click here). "Justices Begin Work on a Polarizing New Docket": In Monday's edition of The New York Times, Linda Greenhouse will have an article that begins, "The Supreme Court has so many polarizing cases on the docket for its new term that the deep ideological divisions that characterized the last term are all but certain to remain on display after the justices reconvene on Monday." Posted at 08:07 PM by Howard Bashman Philadelphia Phillies 6, Washington Nationals 1: My son and I were at Citizens Bank Park in Philadelphia this afternoon to see the Phillies clinch the National League East division title. To win the division title today, the Phillies had to win their game and the Florida Marlins had to defeat the New York Mets. Before the Phillies even took the field at 1:35 p.m. this afternoon, the Marlins had staked themselves to a 7-0 first inning lead. The Marlins recorded the final out of their 8-1 victory over the Mets when the Nationals were batting with none out in the top of the ninth inning, trailing the Phillies 6-1. The crowd at the Phillies ballpark has never as this loud as it was in the top of the ninth inning today. The Phillies will now host whichever team wins the National League Wild Card spot, to be determined tomorrow in a one-game tiebreaker game between the San Diego Padres at the Colorado Rockies. It should be a happy first Monday in October tomorrow at the U.S. Supreme Court, as Justice Clarence Thomas's book officially goes on sale, and as Justice Samuel A. Alito, Jr.'s Philadelphia Phillies celebrate their first playoff appearance since 1993. You can access the box score of today's Phillies game at this link, while wraps are available here and here. Update: Monday's edition of The New York Times will contain an article headlined "After a 14-Year Absence, Phillies Head to the Playoffs." The Philadelphia Inquirer provides a news update headlined "We win! Fans erupt in joy." And Ken Mandel, who has covered the Phillies all season for MLB.com, reports that "Phils relish first NL East title since '93; Players, coaches, fans celebrate as 'fairy tale' continues." This blog's occasional Phillies coverage will continue for as long as the team remains in the playoffs, as I have tickets for two games of the Division Series, two games of the League Championship Series, and thus far one game of the World Series. In video coverage available online from CBSNews.com: "Justice Thomas Writes A Book: Supreme Court Justice Clarence Thomas has much to write about in his new autobiography, including his controversial confirmation hearings" and "Steve Kroft's Reporter's Notebook." On this evening's broadcast of the CBS News program "60 Minutes," Kroft will have two interview segments with Justice Thomas in advance of the official release tomorrow of the book "My Grandfather's Son: A Memoir." "Federal judge disciplined for sexual harassment": The Houston Chronicle today contains an article that begins, "A judicial council has reprimanded federal Judge Samuel B. Kent of Galveston after a four-month secret investigation into serious allegations of a pattern of sexual impropriety and abuse of power. In the most recent incident, Kent is accused of harassing and inappropriately touching his 49-year-old case manager in his chambers in March." The newspaper also contains an op-ed by columnist Rick Casey headlined "Feds to shred evidence against judge." And at "The Volokh Conspiracy," Ilya Somin has a post titled "The Ethical Cloud Over Judge Samuel B. Kent." "Court starts term with half its cases chosen": Michael Doyle of McClatchy Newspapers provides this report. Doyle also has related articles headlined "Key election cases on Supreme Court docket" and "Crack vs. powder cocaine sentencing gets Supreme Court hearing." Posted at 07:45 AM by Howard Bashman Saturday, September 29, 2007 "Justice Clarence Thomas' Memoir Unveils Bitterness": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 10:47 PM by Howard Bashman "The Roberts Court Returns": This editorial will appear Sunday in The New York Times. Posted at 10:42 PM by Howard Bashman "In New Book, Justice Thomas Weighs In on Former Accuser": Neil A. Lewis will have this article Sunday in The New York Times. Posted at 10:40 PM by Howard Bashman "High court can regain ground; strike voter ID": Cynthia Tucker will have this op-ed Sunday in The Atlanta Journal-Constitution. Posted at 02:15 PM by Howard Bashman "A Look Inside the Ultimate Lockup; Top-Security Prison Now Home to Terrorists": The Washington Post on Sunday will contain a front page article that begins, "The most secure federal prison in America has the polished tile corridors of a modern regional high school and the empty stillness of summer break. The marquee inmates -- including Zacarias Moussaoui, the so-called 20th hijacker; 'shoe bomber' Richard Reid; Ted Kaczynski, the Unabomber; FBI agent turned traitor Robert Hanssen; and Terry Nichols, convicted of the Oklahoma City bombing -- wait out their days in cellblocks the warden leads reporters quickly past on the first media tour since the Florence 'supermax' opened 13 years ago." A couple of weeks ago, I linked here to several similar articles published elsewhere. "New Court Term Begins Monday": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court is set to begin a term that could lead to enhanced rights for terrorism detainees, a ruling against part of a child pornography law and shorter prison terms for crack cocaine dealers. Whatever happened to the court's march to the right?" Posted at 02:00 PM by Howard Bashman "Supreme Court Heads Into New Term; Some see rightward drift stalled in array of criminal law cases": law.com's Tony Mauro provides this report. Posted at 01:55 PM by Howard Bashman "Texas Planning New Execution Despite Ruling": Ralph Blumenthal and Linda Greenhouse have this article today in The New York Times. Today in The Austin American-Statesman, Chuck Lindell has articles headlined "Are executions on hold nationwide? Experts weigh implications of Supreme Court's intervention in Texas" and "5 p.m. closing time at Texas court a factor in execution; Lawyer blames office hours on failure of appeal similar to one that suceeded two days later." The Dallas Morning News reports that "Irving killer's reprieve may slow executions nationwide; But legal experts don't expect moratorium as lethal injection reviewed." And The Houston Chronicle reports that "Texas executions probably on hold until next year; State awaits High Court ruling on lethal injection." "Legal Aid Offer for Detainees Is Retracted": The New York Times today contains an article that begins, "The American Bar Association said this week that it was backing out of an agreement to find lawyers for Guantanamo detainees because it did not want to 'lend support and credibility' to what it called inadequate legal protections for the 340 men held there." Posted at 01:40 PM by Howard Bashman "Clarence Thomas Book Portrays a Tortured Soul": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Saturday." Posted at 01:23 PM by Howard Bashman "US Supreme Court Opens New Term Monday": Voice of America provides this report. Posted at 01:18 PM by Howard Bashman "Toobin v. Supreme Court": Today in The Toronto Globe and Mail, Philip Slayton has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court." Posted at 01:17 PM by Howard Bashman "Justice Thomas Breaks Silence on Bitter Confirmation Hearings; Thomas Speaks Out in New Autobiography, 'My Grandfather's Son'": Liz Marlantes has this report at ABCNews.com. And today in The Wall Street Journal, Jess Bravin reports that "Justices' Opinions May Compete With a Page-Turner in Bookstores." "Judges seek leeway in prison sentences; The Supreme Court will look at strict rules that are a holdover from the 1980s war on drugs and that legal activists say are unfair": David G. Savage has this article today in The Los Angeles Times. Posted at 11:34 AM by Howard Bashman "Judges evaluate an argument on gun access": At "SCOTUSblog," Lyle Denniston has a post that begins, "In a highly unusual order, two judges of the D.C. Circuit Court appeared to have narrowed a major gun control ruling, and in doing so gave their view on a central argument the District of Columbia government has made in its Supreme Court appeal seeking to enforce its flat ban on handguns in Washington, D.C." On Thursday, Eugene Volokh had a post at "The Volokh Conspiracy" quoting at length from the D.C. Circuit's order. You can view the full text of the order at this link. Friday, September 28, 2007 "Behind the Black Robes: A new book about the Supreme Court focuses on the private lives of the justices; But should they be treated like Britneys in black?" Adam B. Kushner has this essay online at Newsweek.com. Posted at 11:00 PM by Howard Bashman "Justice Thomas Lashes Out in Memoir; Book Attacks Liberals and the Media, Breaks Near-Silence on Anita Hill": Saturday in The Washington Post, Robert Barnes, Michael A. Fletcher, and Kevin Merida will have this front page article. And Mark Sherman of The Associated Press reports that "Justice Thomas Writes Autobiography." Sherman's article begins, "Breaking his 16-year public silence on his bitter confirmation hearings, Supreme Court Justice Clarence Thomas says Anita Hill was a mediocre employee who was used by political opponents to make claims she had been sexually harassed." As I had anticipated, both The Washington Post and The Associated Press were able to purchase the book at bookstores that placed it on sale before Monday's official release date. "Federal judge disciplined for sexual harassment": Harvey Rice of The Houston Chronicle provides a news update that begins, "A judicial council today reprimanded and admonished U.S. District Judge Samuel Kent, who presides in Galveston, on allegations that he sexually harassed a court employee." The Galveston County Daily News provides an update headlined "Kent reprimanded after harassment complaint." And Texas Lawyer provides a news update headlined "5th Circuit Judicial Council Reprimands and Admonishes U.S. District Judge Samuel B. Kent." "U.S. Court of Appeals for the Fifth Circuit Admonishes Judge Samuel B. Kent for Sexual Harassment of a Judiciary Employee": At "The Volokh Conspiracy," Eugene Volokh has this post linking to an Order of Reprimand and Reasons that the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit issued today. Posted at 06:00 PM by Howard Bashman "Lethal Injection Under Scrutiny": The AP provides a report that begins, "Lethal injection was supposed to be the humane, enlightened way to execute inmates and avoid the pain and the gruesome spectacle of firing squads, the electric chair and the noose. But now it, too, is under legal attack as cruel and unusual, with the U.S. Supreme Court agreeing this week to hear arguments that lethal injection can cause excruciating pain." And in related coverage, The AP reports that "Hiatus Possible on Texas Executions." "Courts a Tough Road to Gay Marriage": The Associated Press provides this report. Posted at 04:25 PM by Howard Bashman The U.S. Congress considers giving more power to partially-retired, senior status federal judges: Congress is continuing to consider proposed legislation known as the Court Security Improvement Act of 2007. The first four titles of the legislation deal with subjects related to the legislation's name, but the fifth and final title consists of "Miscellaneous Provisions." One of those "Miscellaneous Provisions," contained in Section 503, provides: Section 296 of title 28, United States Code, is amended by inserting at the end of the second undesignated paragraph the following new sentence: "However, a judge who has retired from regular active service under section 371(b) of this title, when designated and assigned to the court to which such judge was appointed, shall have all the powers of a judge of that court, including participation in appointment of court officers and magistrate judges, rulemaking, governance, and administrative matters."One question that has arisen is whether a law that purports to give a senior circuit judge "all the powers of a judge" on the court on which he or she serves would thereby enable senior circuit judges to cast votes on whether cases should be reheard en banc and/or to participate in deciding the merits of cases that have been granted en banc review even where the senior judges had not served on the original three-judge panel that issued the initial decision in the case. Thus, the proposed legislation's impact on Sections 46(c) and 294 of Title 28 is apparently of concern to some of the federal appellate judges who have been made aware of this aspect of the proposed legislation. Whether Section 503 of the Court Security Improvement Act of 2007 would in fact authorize senior appellate judges to vote on whether to rehear cases en banc or to participate in deciding on the merits all cases that have been voted en banc is not immediately clear to me. If readers have views on the subject, feel free to send them along via email. If the concern is a legitimate one, I may write more about this in a future installment of my weekly "On Appeal" column for law.com. "Justice Thomas Speaks Out": This morning, ABC News correspondent Jan Crawford Greenburg has this post at her "Legalities" blog previewing her forthcoming coverage of Justice Clarence Thomas's new book, "My Grandfather's Son: A Memoir." According to Jan's post, she has conducted "a series of wide-ranging interviews with [Justice Thomas] in several different locations (and states), as well as an extensive interview with his wife, Virginia." Her post advises us "to be on the lookout Sunday night for my substantial dot com piece, which will be posted in several parts on ABCNEWS.com." Jan's post concludes, "Then, starting Monday morning with Good Morning America, my pieces on Justice Thomas will begin airing on ABC News. We will have a full report on all our platforms: Good Morning America, World News Tonight and a series of lengthy and revealing segments on Nightline, which of course is the perfect place for a closer look at one the most complex, compelling, maligned and misunderstood figures in modern history. I've covered the Court and Justice Thomas for 13 years now, and I can tell you this is something you will not, under any circumstances, want to miss.... I also will be blogging on this throughout the weeks to come. Thomas has much to say, and there will be much to discuss." "U.S. Supreme Court: A history of the hows and whys." Today in The Seattle Times, Kevin J. Hamilton has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court." And today in The Seattle Post-Intelligencer, columnist Joel Connelly has an essay entitled "High court moderates may leave after Bush, writer says." "Inside the Supreme Court: Three new books offer rare insight into the world of the 'brethren.'" Stephen R. Reily had this book review last Saturday in The Louisville Courier-Journal. Posted at 10:44 AM by Howard Bashman "A new poll tax? Election fraud isn't a problem, but the Supreme Court may OK an ID law that burdens poor and minority voters." Law Professor Daniel P. Tokaji has this op-ed today in The Los Angeles Times. Posted at 09:08 AM by Howard Bashman "Supreme Court Recusals: The justices should explain the reasons when they remove themselves from cases." This editorial appears today in The Washington Post. Posted at 09:03 AM by Howard Bashman "Nixon, Hoover Bashed Justices in '71 Phone Call": Today's edition of The Washington Post contains an article that begins, "President Richard Nixon described the Supreme Court's June 1971 Pentagon Papers decision as 'unbelievable' and 'stinking,' and vowed 'to change that court,' during an unusually frank telephone conversation on July 1, 1971, with FBI Director J. Edgar Hoover. Referring to the six justices who voted 6 to 3 to permit newspapers to continue publication of material from the once-classified history of the Vietnam War, Nixon said: 'You know those clowns we got on there. I'll tell you I hope I outlive the bastards.'" Posted at 08:57 AM by Howard Bashman "Journalist Ross of ABC Ordered To Disclose Sources": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal judge in New York has ordered a journalist at ABC News, Brian Ross, to disclose the identities of the government sources he relied upon when reporting about the anthrax attacks of 2001. Mr. Ross is now the sixth reporter to have been ordered to give up sources to assist with a civil lawsuit brought by a former Army scientist, Steven Hatfill, whom the government named as a 'person of interest' in the investigation into the deadly anthrax mailings. Mr. Hatfill, who was never charged with the mailings, is suing the federal government for invading his privacy." Posted at 08:54 AM by Howard Bashman "Indiana, Faced With Suit, Takes Chaplain Off Payroll": This article appears today in The New York Times. Posted at 08:50 AM by Howard Bashman "Verizon Reverses Itself on Abortion Messages": Adam Liptak has this article today in The New York Times. The Washington Post reports today that "Verizon Ends Text-Message Ban; Abortion-Rights Group Had Been Barred From Network." And The Los Angeles Times contains an editorial entitled "NARAL's case for net neutrality: The public and Congress should be alarmed over Verizon's attempt to block a pro-choice group's messages." "The New Affirmative Action: Colleges want diversity; Students want diversity; There's just this little problem with the law." This article will appear in this upcoming Sunday's issue of The New York Times Magazine. Posted at 08:42 AM by Howard Bashman "A Prosecution Tests the Definition of Obscenity": Today in The New York Times, Neil A. Lewis has an article that begins, "Sometime early next year, Karen Fletcher, a 56-year-old recluse living on disability payments, will go on trial in federal court here on obscenity charges for writings distributed on the Internet to about two dozen subscribers. In an era when pornography has exploded on the Web almost beyond measure, Ms. Fletcher is one of only a handful of people to have been singled out for prosecution on obscenity charges by the Bush administration. She faces six felony counts for operating a Web site called Red Rose, which featured detailed fictional accounts of the molesting, torture and sometimes gruesome murders of children under the age of 10, mostly girls." The article goes on to report that "What has attracted the attention of First Amendment scholars and lawyers is that Red Rose -- which Ms. Fletcher says is an effort to help her deal with her own pain from child sexual abuse -- was composed entirely of text without any images. Although a narrowly divided Supreme Court said in 1973 that images were not necessary to label a work obscene, there has not been a successful obscenity prosecution in the country that did not involve drawings or photographs since then." Back on September 28, 2006, I had this post linking to additional press coverage of the case, including an article headlined "Woman charged over 'vile' Web stories" published that day in The Pittsburgh Post-Gazette. By the way, I think Lewis's article is incorrect in asserting that "there has not been a successful obscenity prosecution in the country that did not involve drawings or photographs" since 1973. As I noted in the October 9, 2006 installment of my "On Appeal" column for law.com -- headlined "Text This: Words Alone Can Violate Federal Obscenity Laws" -- the U.S. Court of Appeals for the Eleventh Circuit on October 4, 2006 issued a decision affirming a criminal conviction for spoken obscenities that did not involve drawings or photographs. "Antiterror Vindication": The Wall Street Journal today contains an editorial that begins, "You probably haven't seen it reported, but the Guantanamo trial system for enemy combatants won a big victory earlier this week." Of course, careful readers of this blog previously saw it reported here. "KPMG Judge Questions Laws, Tactics Used in Corporate Cases": The Wall Street Journal today contains an article that begins, "The federal judge in the case involving allegedly fraudulent tax shelters marketed by KPMG LLP said it may be time to re-examine laws governing corporate criminal liability and the tactics used by prosecutors to investigate those cases." Posted at 08:04 AM by Howard Bashman "Thompson's convictions upheld by appeals court": The Tulsa World today contains an article that begins, "Former Creek County District Judge Donald D. Thompson lost his appeal of his criminal convictions Thursday. Thompson was convicted of four counts of indecent exposure and was ordered to serve four, consecutive, one-year sentences. Prosecutors alleged that he used a penis pump while presiding over trials." And The Associated Press reports that "Judge's Exposure Conviction Is Upheld." Yesterday's ruling of the Oklahoma Court of Criminal Appeals is not yet freely available online. "Roberts-led Supreme Court to start 2nd term": Joan Biskupic has this article today in USA Today. Posted at 07:40 AM by Howard Bashman "Thomas: Anita Who? Abortion Was Key." This article appears today in The New York Post. Posted at 07:37 AM by Howard Bashman "Justice Thomas": Online at Human Events, Armstrong Williams has an essay that begins, "Justice Thomas has just released his much anticipated memoir about his upbringing, years of government service, the confrontational and x-rated Supreme Court hearings and his musings about today's issues. 'My Grandfather's Son' is Justice Thomas' story about his upbringing and how it can be seen throughout his life. Due to my close relationship with this oft-misunderstood man, I am particularly grateful that his story will finally be told. In the book, Justice Thomas addresses Anita Hill, allows us a glimpse into his childhood and gives some insight into his personality." Posted at 07:34 AM by Howard Bashman Thursday, September 27, 2007 "U.S. to Allow Key Detainees to Request Lawyers; 14 Terrorism Suspects Given Legal Forms at Guantanamo": This article will appear Friday in The Washington Post. Posted at 11:18 PM by Howard Bashman Available online from law.com: An article is headlined "Filing a Malpractice Suit Against a Firm? Better Be Quick About It; Under unanimous Calif. Supreme Court ruling, former clients will have less time to hit their old firms with malpractice suits." You can access today's ruling of the Supreme Court of California at this link. And in other news, "2nd Circuit Removes Judge From Case for Repeated Refusal to Document Sentence Grid Departure." You can access today's Second Circuit ruling at this link. "2007-2008 Supreme Court Preview": The American Constitution Society hosted this program yesterday in Washington, DC, and you can view archived video of the program online using either RealPlayer or Windows Media Player. Posted at 10:03 PM by Howard Bashman "Supreme Court Preview: Detainee Rights on the Docket." Stephanie Mencimer has this preview online at the web site of Mother Jones magazine. Posted at 08:54 PM by Howard Bashman "Coming Monday: A Ninety-Minute Conversation with Justice Clarence Thomas." RushLimbaugh.com provides this transcript from today's broadcast of the Rush Limbaugh Show. Posted at 08:50 PM by Howard Bashman The Heritage Foundation, The Federalist Society, and the National Center for Policy Analysis announce the details of Justice Clarence Thomas's book tour: You can view the details by clicking here. Posted at 08:32 PM by Howard Bashman "A Preview of the Supreme Court's Next Term": This audio segment (RealPlayer required) featuring David G. Savage of The Los Angeles Times and Law Professor Jeffrey Rosen appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 08:00 PM by Howard Bashman "Clarence Thomas: Abortion Was Real Issue; Supreme Court Justice Gives First TV Interview To Steve Kroft." CBSNews.com provides this preview of Justice Thomas's appearance Sunday on the CBS News program "60 Minutes." On Monday, October 1, 2007, Justice Thomas's book -- "My Grandfather's Son: A Memoir" -- will go on sale, although booksellers sometimes place books out for purchase before their official release date. "Supreme Court Preview": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now." Posted at 05:50 PM by Howard Bashman "Deal Floated On Liability Of Telecoms; Damages Cap for Those Involved in Secret Wiretapping?" Lawrence Hurley has this article today in The Daily Journal of California. Posted at 05:30 PM by Howard Bashman "Verizon Reverses Itself on Abortion Messages": Adam Liptak of The New York Times provides this news update. Posted at 03:55 PM by Howard Bashman Now available online, a "Digital Archive of the Papers of Harry A. Blackmun": The archive, which you can access via this link, currently includes cert. pool memoranda from Justice Blackmun's years on the Rehnquist Court, which spanned the 1986 through 1993 Terms. Posted at 03:10 PM by Howard Bashman "Pausing the Machinery of Death: The Supreme Court Takes Baze." Law Professor Alison J. Nathan has this commentary online at Jurist. Posted at 03:05 PM by Howard Bashman "Sentencing disparity for cocaine under attack; Crack nets users more prison time than powder drug": This article appears today in The Houston Chronicle. Posted at 03:00 PM by Howard Bashman "At issue in this case is the right to a jury trial in an admiralty case." So begins a complex but interesting ruling that a unanimous two-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today. Posted at 02:57 PM by Howard Bashman "Senate Panel Moves Forward on Press Bill": Jesse J. Holland of The Associated Press has an article that begins, "A Senate committee on Thursday decided to push ahead with legislation shielding reporters from being forced to reveal their sources in federal court, despite objections from the federal law enforcement and intelligence community." Posted at 02:35 PM by Howard Bashman "Nomination Is a Classic Case of Partisanship": In today's issue of Roll Call, Law Professor Carl Tobias has an op-ed (subscription required) that begins, "On Sept. 6, President Bush nominated Duncan Getchell, a Richmond lawyer, for an opening on the U.S. Court of Appeals for the 4th Circuit. The nominee was not one of the five individuals whom Virginia Sens. John Warner (R) and Jim Webb (D) had earlier proposed to Bush. This nomination is a classic example of divisive partisanship, although the president frequently mouths the platitudes of bipartisanship. Thus, the Commonwealth's Senators and the entire Senate would be within their rights to reject the nominee." Posted at 02:30 PM by Howard Bashman "Boulder students protest pledge, under God": The Rocky Mountain News provides this update. The Denver Post provides a news update headlined "Boulder students protest 'God' in pledge." And The Boulder Daily Camera today contains an article headlined "Pledging to protest: Some students don't want to hear Pledge of Allegiance during class." The newspaper's web site also provides an update headlined "School won't move pledge, despite student protest." "A Law-Abiding Attorney General? Mukasey's respect for limits on executive power makes him an improvement." Jacob Sullum has this essay online at Reason. Posted at 02:08 PM by Howard Bashman "Painting the Court Green: Anti-energy judicial activism." Marlo Lewis has this essay at National Review Online. Posted at 02:05 PM by Howard Bashman "Court Won't Declare Chimp a Person": The Associated Press provides a report that begins, "He's now got a human name - Matthew Hiasl Pan - but he's having trouble getting his day in court. Animal rights activists campaigning to get Pan, a 26-year-old chimpanzee, legally declared a person vowed Thursday to take their challenge to Austria's Supreme Court after a lower court threw out their latest appeal." Posted at 12:15 PM by Howard Bashman "Money helped Spector more than celebrity; His fortune gave him access to top attorneys and other resources that 99% of defendants could never afford, legal experts say": Henry Weinstein has this article today in The Los Angeles Times. Also in that newspaper today, columnist Steve Lopez has an essay entitled "Exhibit M: money, money, money" that begins, "If I'm ever tempted to kill someone, please remind me to raise a few million dollars first. It can't hurt. Celebrity music producer Phil Spector had the .38-caliber Cobra in his hand, he had blood on his jacket, the driver heard him say he thought he just killed someone, five women testified that he had brandished guns in their presence, and Spector brushed off his murder rap like a bad wig." "Court clears way for suit against SAG": The Los Angeles Times today contains an article that begins, "In a setback for the Screen Actors Guild, a federal appeals court Wednesday cleared the path for a former employee to pursue a wrongful termination case against the union. The case was brought by Patricia Heisser Metoyer, an affirmative action administrator for the union who was fired in May 2001 after an audit found she had authorized payment of more than $30,000 in grant funds to friends, business partners and her husband's production company." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Courts rebuff most of Vonage's patent arguments; Verizon, Sprint secure wins over Internet phone service company": Today's edition of USA Today contains an article that begins, "A federal appeals court on Wednesday affirmed the bulk of Verizon's patent claims against Vonage, marking another setback for the Internet phone service pioneer." My earlier coverage of yesterday's Federal Circuit ruling appears at this link. "Judge rejects portion of Patriot Act; The law gives federal agents too much power, the ruling says, supporting Oregon lawyer Brandon Mayfield's challenge": This article appears today in The Oregonian. The New York Times reports today that "Judge Rules Provisions in Patriot Act to Be Illegal." And The Washington Post reports that "Patriot Act Provisions Voided; Judge Rules Law Gives Executive Branch Too Much Power." My earlier coverage of yesterday's ruling of the U.S. District Court for the District of Oregon appears at this link. "Court reverses itself - finds credit agency violated man's rights": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage of Tuesday's Ninth Circuit ruling appears at this link. "FCC pushes review of indecency policy": Today in The Los Angeles Times, Jim Puzzanghera has an article that begins, "The Bush administration will ask the Supreme Court to reinstate a tough broadcast indecency policy that was invalidated by a lower court last spring, the nation's top communications regulator said Wednesday." My most recent earlier coverage appears at this link. "Ruling gives breast-feeding student extra break in exam": The Boston Globe contains this article today. The New York Times reports today that "In Reversal, Student Is Given Extra Exam Time to Pump Breast Milk." And The Harvard Crimson reports that "HMS Student Wins in Court; State appeals court says student can express breast milk into bottle during exam." "Va. Execution Is Likely to Be Delayed; State Has Used Lethal Injection 70 Times": This article appears today in The Washington Post. Posted at 08:25 AM by Howard Bashman "Justice Dept.'s warrantless eavesdropping rejected": Declan McCullagh of c|net News.com provides this report. Posted at 08:09 AM by Howard Bashman "Verizon Rejects Messages of Abortion Rights Group": Today in The New York Times, Adam Liptak has an article that begins, "Saying it had the right to block 'controversial or unsavory' text messages, Verizon Wireless has rejected a request from Naral Pro-Choice America, the abortion rights group, to make Verizon's mobile network available for a text-message program." Posted at 08:00 AM by Howard Bashman "Clarence Thomas's book party": The Hill today contains an article that begins, "Most Washington parties can be crashed with simple name-dropping or the flash of a powerful business card. Next week's book party for Supreme Court Justice Clarence Thomas, however, is off-limits to intruders. 'If you don't have an invite, don't come,' said Armstrong Williams, who will host the party at his Northeast D.C. home." Posted at 07:57 AM by Howard Bashman "The Upcoming Supreme Court Lethal Injection Death Penalty Case: How It Will Likely Illustrate the Serious Ideological Divisions That Continue to Separate the Justices." Edward Lazarus has this essay online today at FindLaw. Posted at 07:45 AM by Howard Bashman Wednesday, September 26, 2007 "Prisons to Restore Purged Religious Books": This article will appear Thursday in The New York Times. Posted at 11:17 PM by Howard Bashman "Gov't Appealing Indecency Ruling": The Associated Press provides a report that begins, "The government will ask the Supreme Court to review an appeals court decision that invalidated the Federal Communication Commission's policy on the broadcast of profanity." And Variety reports that "FCC seeks Supreme Court review; Agency fights for policy on fleeting expletives." My earlier coverage of the Second Circuit's ruling from June 2007 appears here, here, and here. "Ky. case may settle issue of execution; Lethal-injection drug combo challenged": The Louisville Courier-Journal contains this article today. The Lexington Herald-Leader reports today that "U.S. Supreme Court to review lethal injection; Ruling in Kentucky case could have wide effect." David G. Savage and Henry Weinstein of The Los Angeles Times report that "High court to hear lethal injection case; Justices may ban commonly used chemical concoctions that may cause dying inmates suffering, but ruling would not prohibit practice." Joan Biskupic of USA Today has a front page article headlined "Justices to weigh lethal injection; Review may affect executions set for fall." Patty Reinert of The Houston Chronicle reports that "Justices to rule whether method is cruel, unusual." The Atlanta Journal-Constitution reports that "Court execution review won't move Georgia." And The New York Sun reports that "Capital Case To Test 9 on Life's Value; Execution Method at Issue, Political Implications Seen." "High court takes case on voter ID in Indiana; Ruling on state law may affect elections across the U.S." This article appears today in The Indianapolis Star. The Louisville Courier-Journal reports today that "Justices to rule on Indiana's voter-ID law; Critics call rule an unfair burden." David G. Savage of The Los Angeles Times reports that "Supreme Court to hear voter ID case; A GOP-backed Indiana law requires photo identification to be shown at the polls. In their appeal, Democrats say the policy discourages voters." Joan Biskupic of USA Today reports that "Supreme Court will consider voter ID law; Concerns clash on rights, fraud." And The Atlanta Journal-Constitution reports that "U.S. high court case may affect state voter ID." "Supreme Court to Consider Use of Voter ID; Justices Will Also Hear Lethal-Injection Case": Robert Barnes has this front page article today in The Washington Post. Posted at 10:15 PM by Howard Bashman "High court botched death reviews; In justifying death sentences, Georgia's Supreme Court has repeatedly cited overturned cases": Today's installment of The Atlanta Journal-Constitution's series on the death penalty can be accessed here. Posted at 08:40 PM by Howard Bashman "Judge rules in favor of Mayfield challenge": The Oregonian provides a news update that begins, "A federal judge in Portland declared a portion of the USA Patriot Act unconstitutional Wednesday. U.S. District Judge Ann Aiken ruled that the Patriot Act violated the constitutional ban on unreasonable search and seizure. The decision is a victory for Brandon Mayfield, a Beaverton lawyer mistakenly linked to the 2004 Madrid train bombings because the FBI botched a botched fingerprint match." And The Associated Press reports that "2 Patriot Act Provisions Ruled Unlawful." You can access today's ruling of the U.S. District Court for the District of Oregon at this link. "The Law Blog Lunches with Justice Kennedy": Amir Efrati has this post today at WSJ.com's "Law Blog." Posted at 06:02 PM by Howard Bashman "Executions Set Despite Ky. Case Review": The AP provides a report from Texas that begins, "Lawyers for a convicted murderer set to die Thursday in the nation's busiest death penalty state hurriedly prepared appeals Wednesday challenging lethal injection after the U.S. Supreme Court announced it would review a Kentucky case on the issue. An execution by lethal injection was also scheduled Thursday in Alabama, with lawyers for the inmate seeking a delay for the same reason. As attorneys for death row inmates scramble, legal experts predict it's unlikely the Supreme Court will impose a national moratorium on lethal injections while it considers the Kentucky case." Posted at 05:57 PM by Howard Bashman "Supreme Court candidate also gave back raise, spokeswoman says": The Associated Press provides this report from Pennsylvania. Posted at 04:37 PM by Howard Bashman Ninth Circuit overturns preliminary injunction that prohibited defendant "from making any comments that could be construed as to disparage [a trademark]": You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit in Freecycle Network, Inc. v. Oey at this link. At "The Volokh Conspiracy" blog, Eugene Volokh previously had several posts (see, in particular, here and here) discussing the case and linking to background material. "Court affirms Vonage infringed 2 Verizon patents": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Update: And in other coverage, The Associated Press reports that "Court Partially Affirms Vonage Verdict." "Judge throws out alleged rape victim's federal lawsuit": The Omaha World-Herald today contains an article that begins, "A federal judge threw out a lawsuit challenging a state judge's order barring the use of 'rape' and other words in the trial of a man accused of sexual assault." And The Associated Press reports that "Judge Tosses Lawsuit Over Word 'Rape.'" I have posted online at this link yesterday's ruling of the U.S. District Court for the District of Nebraska. "Disney wins lawsuit ruling on Pooh rights; An appellate court says the family of the cartoon character's creator committed 'egregious misconduct' in seeking evidence": This article appears today in The Los Angeles Times. Bloomberg News reports that "Disney Wins Ruling in 16-Year Battle Over Pooh Rights." The Associated Press reports that "Court of Appeal denies request to reinstate Pooh lawsuit." Reuters reports that "California court sides with Disney in Pooh case." And Variety reports that "Disney wins 'Winnie' royalties war; California court affirms dismissal of 'Pooh' case." You can access yesterday's ruling of the California Court of Appeal for the Second Appellate District, Division Four, at this link. "Lawyer finds documents suggesting Jesse James couldn’t fight his way out of a lawsuit": Monday's edition of The Kansas City Star contained this article. Posted at 08:35 AM by Howard Bashman "Experian 'negligent,' judges say; A federal appeals panel slams the credit reporting firm, saying it should have fixed errors in a Los Angeles man's record": This article appears today in The Los Angeles Times. Yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit, on panel rehearing, can be accessed here. Circuit Judge Alex Kozinski wrote yesterday's ruling. By contrast, Judge Kozinski dissented from the panel's original per curiam decision, even though that per curiam decision contained stylistic indications that it too had been written by Judge Kozinski. "Does affirmative action hurt minorities? Racial preferences may be setting up many black and Latino law students for failure." Law Professors Vikram Amar and Richard H. Sander have this op-ed today in The Los Angeles Times. Posted at 08:25 AM by Howard Bashman "A Street Performer Crusades for the First Amendment": The New York Times today contains an article that begins, "What is the purpose of the First Amendment? That was the question before a judge in Manhattan Criminal Court yesterday, as a street performer named Reverend Billy, a k a William Talen, faced charges of harassing police officers in Union Square Park by reciting the First Amendment to the Constitution." Posted at 08:22 AM by Howard Bashman "Nominee for C.I.A. Counsel Withdraws": The New York Times today contains an article that begins, "The White House on Tuesday withdrew the nomination of John A. Rizzo to become the Central Intelligence Agency's top lawyer amid mounting opposition from Democrats over his role in the harsh interrogation of C.I.A. detainees." Posted at 08:12 AM by Howard Bashman "Senate Panel to Consider Shield Bill for Reporters": Today in The New York Times, Adam Liptak has an article that begins, "A bill that for the first time would give journalists limited protection from efforts to force them to reveal their sources in the federal courts will be taken up by the Senate Judiciary Committee on Thursday, and its sponsors said its prospects are good." Posted at 08:09 AM by Howard Bashman "Dispute Stymies Guantanamo Terror Trials; Chief Prosecutor Claims Interference; Office Is in Disarray": Jess Bravin has this article today in The Wall Street Journal. Posted at 08:03 AM by Howard Bashman "New York Cases Emerge as Key in Coming Term": Today in The New York Sun, Joseph Goldstein has an article that begins, "When the Supreme Court kicks off its new term next week with two appeals out of New York, judges and education officials based in the city will be paying close attention." Posted at 07:55 AM by Howard Bashman "When Is A Class Action Superior to Multiple Individual Lawsuits?: Part Two in a Two-Part Series on the New Jersey Supreme Court's Decertification of a Nationwide Vioxx Class Action." Anthony J. Sebok has this essay online today at FindLaw. Part one can be accessed here. Posted at 07:53 AM by Howard Bashman "Thomas's Impact on Legal Debates Exceeds High-Court Influence": Greg Stohr of Bloomberg News provides this report. Earlier this month, The West Virginia Record reported that "Thomas talks courts, sports at Marshall." The Parthenon of Marshall University reported that "Thomas shares views of Supreme Court; Justice speaks to AARP members, public." And The Associated Press reported that "In W.Va. visit, Clarence Thomas blasts critics of court." Tuesday, September 25, 2007 "4th Circuit's 5-5 Split May Impact Hot-Button Cases; One closely watched case could set precedent on detention of 'enemy combatants' without a trial or the filing of charges": law.com provides this report. Posted at 11:05 PM by Howard Bashman Linda Greenhouse is reporting: Wednesday in The New York Times, she will have articles headlined "Justices Agree to Hear Case About Voter ID Laws" and "Justices to Enter the Debate Over Lethal Injection." Posted at 11:00 PM by Howard Bashman "Supreme Court to Examine Lethal Injection, Voter Identification; Justices grant 17 new cases, perhaps in response to concerns about shrinking docket": law.com's Tony Mauro provides this report. Posted at 10:03 PM by Howard Bashman "Review Doesn't Halt Texas Executions": The Associated Press provides a report that begins, "The nation's busiest death penalty state executed another inmate Tuesday night, undeterred by a Supreme Court review of whether the lethal injection method most states use is cruel and unusual." Posted at 09:55 PM by Howard Bashman Jeffrey Toobin is guest-blogging about his new book at "TPMCafe": You can view his posts by clicking here. Posted at 09:04 PM by Howard Bashman "Supreme Court agrees to weigh lethal injection executions": Bob Egelko of The San Francisco Chronicle provides this news update. And James Oliphant of The Chicago Tribune has a news update headlined "High court to hear voter ID, death penalty cases." "High court to hear voter ID case": Joan Biskupic of USA Today provides this news update. Posted at 05:20 PM by Howard Bashman "Supreme Court to Consider Lethal Injection": Robert Barnes of The Washington Post provides this news update. And Joan Biskupic of USA Today has a news update headlined "High court to rule on lethal injections." "Levels of Deception": In the current issue of CQ Weekly, columnist Kenneth Jost has this preview of Stoneridge Investment Partners v. Scientific-Atlanta, a case that will be argued before the U.S. Supreme Court on October 9, 2007. Posted at 04:40 PM by Howard Bashman "Supreme Court Considers Lethal Injection, Voter I.D." This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:52 PM by Howard Bashman "Justices to hear Kentucky lethal-injection case": The Courier-Journal of Louisville provides this news update. And The Associated Press provides a report headlined "Ky. Inmate Challenges Execution Method" that begins, "Ralph Baze admits he shot a sheriff and a deputy 15 years ago in eastern Kentucky. But he doesn't want his death sentence carried out with the three-drug formula commonly used in lethal injections across the nation. Baze, 52, had been scheduled to be put to death Tuesday until the Kentucky Supreme Court issued a stay of execution earlier this month. Now the U.S. Supreme Court has decided to hear his appeal, agreeing to review the first direct challenge to the constitutionality of how 37 states conduct executions." "Mukasey Security Detail Filed Complaint": The Associated Press provides a report that begins, "Emptying the trash, carrying groceries and toting golf clubs were among duties allegedly assigned to U.S. marshals protecting two federal judges in New York over the last decade - one of whom has been nominated to be the next U.S. attorney general. The valet-like chores were outlined in a complaint two years ago against Michael B. Mukasey, another judge and their wives by deputy marshals assigned to the judges' security details." Posted at 03:15 PM by Howard Bashman "Lethal Injection Challenge Gets Top U.S. Court Review": Greg Stohr of Bloomberg News provides this report. Posted at 01:55 PM by Howard Bashman Reuters is reporting: James Vicini has articles headlined "Supreme Court to decide photo ID voting law" and "Top U.S. court to rule on lethal injections." And in related coverage, "US Supreme Court agrees to hear Pfizer patent case" and "Supreme Court says it will hear LG patent case." "Reopening a very old issue": At "SCOTUSblog," Lyle Denniston has a post that begins, "Not since March 17, 1879, has the Supreme Court faced a constitutional test over a method of carrying out the death penalty." Posted at 01:10 PM by Howard Bashman "Lawyer requests $750,000; Gordon cites complexity of Jefferson desegregation case": The Courier-Journal of Louisville, Kentucky today contains an article that begins, "The Louisville attorney who helped overturn Jefferson County Public Schools' student-integration policy is asking a federal judge to order the district to pay him $750,000 in fees and bonuses." Posted at 01:05 PM by Howard Bashman "Supreme Court to rule on voter ID laws": David G. Savage of The Los Angeles Times provides this news update. Posted at 01:03 PM by Howard Bashman "Court Will Hear Lethal Injection Case": The Associated Press provides a report that begins, "The Supreme Court on Tuesday agreed to consider the constitutionality of lethal injections in the case of two death row inmates from Kentucky." The ruling of the Supreme Court of Kentucky in Baze v. Rees, which the U.S. Supreme Court this morning agreed to review, can be accessed here. My earlier coverage of that ruling appears at this link. "Breaking News: Supreme Court Grants Cert in Indiana Voter Identification Case." Rick Hasen has this post at his "Election Law" blog. Posted at 10:26 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Supreme Court to Hear Voter ID Case"; "Court to Consider Technology Patent Case"; and "Court to Review Virginia Drug Case." Posted at 10:19 AM by Howard Bashman "Court grants 17 new cases": Lyle Denniston has this post at "SCOTUSblog." Today's Order List can be viewed at this link. Posted at 10:08 AM by Howard Bashman "Foreigners can't sue police for violating their legal rights": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Foreigners who are arrested in the United States can't sue police for failing to tell them of their right to contact their consulate, despite a treaty requiring such notification, a federal appeals court ruled Monday." My earlier coverage of Monday's Ninth Circuit ruling appears at this link. "Ruling paves way for terrorism trials; A military review panel gives U.S. officials the authority to try Guantanamo Bay detainees": This article appears today in The Los Angeles Times. And The Washington Post reports today that "Court Reverses Ruling on Detainees." "The Case That the President's Reach Exceeds His Grasp": Today in The New York Times, Michiko Kakutani has this review of Pulitzer Prize-winning journalist Charlie Savage's new book, "Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy." Posted at 07:48 AM by Howard Bashman "Contingency-Fee Con-Men": Law Professor Lester Brickman has this op-ed today in The Wall Street Journal. Posted at 07:44 AM by Howard Bashman Monday, September 24, 2007 "High Court Is Set for High Drama": Marcia Coyle has this article in today's edition of The National Law Journal. Posted at 11:00 PM by Howard Bashman "Court Reinstates Terrorism Charges": The Associated Press provides a report that begins, "A military appeals court sided with the Pentagon on Monday, overruling a judge who threw out terrorism charges against a Guantanamo Bay detainee." Tuesday's edition of The New York Times will report that "Court Advances War Crime Trials." Carol Rosenberg of The Miami Herald provides a news update headlined "Panel reinstates captive's war charges." And at "SCOTUSblog," Lyle Denniston has a post titled "Military commissions' powers broadened." "In the chambers of the US Supreme Court: Jeffrey Toobin examines the nine personalities that sit on the nation's highest court." Tuesday in The Christian Science Monitor, Warren Richey will have this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court." Posted at 09:07 PM by Howard Bashman "Federal court vacancies yet to be filled": The Providence Journal today contains an article that begins, "U.S. Sen. Sheldon Whitehouse, a Democratic member of the Senate Judiciary Committee, last week said the time might have passed already for the White House to successfully nominate candidates for a vacancy on the U.S. District Court in Providence and for the vacant 1st U.S. Circuit Court of Appeals seat long held by a Rhode Islander." Posted at 08:50 PM by Howard Bashman "Mukasey's Role in Terror Detention Is Questioned": Joseph Goldstein of The New York Sun provides a news update that begins, "Following the September 11, 2001 terrorist attacks, a judge who is now President Bush's nominee for attorney general, Michael Mukasey, allowed prosecutors to keep a man behind bars for ten months without any criminal charges being filed against him." Posted at 08:47 PM by Howard Bashman "D.C. opposes gun access plea": Lyle Denniston has this post at "SCOTUSblog." Posted at 08:40 PM by Howard Bashman "A break for bloggers": Today in The Philadelphia Daily News, Dan Gross has an item that reports, "The U.S. Court of Appeals Third Circuit has dismissed blueberry heir Anthony DiMeo III's motion to reverse a lower court's dismissal of the libel/defamation-of-character suit DiMeo filed against blogger Tucker Max." You can access last Wednesday's non-precedential ruling of the U.S. Court of Appeals for the Third Circuit in DiMeo v. Max at this link. "Judging Controversial Cases: A panel of judges, who ruled in controversial cases, talk about the pitfalls of presiding over high-profile cases, judicial independence and how their lives have changed since the rulings." That was the title of this past Saturday's broadcast of C-SPAN's "America & the Courts" program. You can view the broadcast online by clicking here (RealPlayer required). C-SPAN has also posted online the entire panel discussion (RealPlayer required). Posted at 04:10 PM by Howard Bashman "Freud, the FCC & the doctrine of respondeat superior": Online at the First Amendment Center, Ronald K.L. Collins has an essay that begins, "Justin Timberlake and Janet Jackson tarted it up for the 2004 Super Bowl halftime show. Compared to their ribald routine, the resulting legal show was Victorian. When the infamous bustier malfunction case came before the 3rd U.S. Circuit Court of Appeals recently, black robes and dark, pinstriped, buttoned-down, tailored suits were the order of the day." Ensuring that there would be no possibility of a "wardrobe malfunction," C-SPAN allows you to "watch" the Third Circuit oral argument audiotape by clicking here (RealPlayer required). "6 stories in service of justice; The Orlando federal-courthouse annex is called 'spectacular' in a dedication after years of disagreement": This article appeared Saturday in The Orlando Sentinel. According to the article, "The six-story courthouse annex was dedicated during an hourlong ceremony that featured 500 guests, a long procession of robed federal judges and speeches from several dignitaries, including U.S. Supreme Court Justice Clarence Thomas." The article goes on to report that "Afterward, Thomas participated in several ribbon-cutting ceremonies with dignitaries and was mobbed like a rock star. He signed autographs, posed for pictures and chatted with the public." Does Article 36 of the Vienna Convention on Consular Relations create judicially-enforceable rights that may be vindicated by foreign nationals who were arrested and detained without being advised of their right to have a consular officer notified as required by Article 36? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued a decision holding that the answer to that question is "no." Posted at 01:50 PM by Howard Bashman  
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