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Archived: 11/01/2007 at 18:52:14
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Thursday, November 01, 2007 "Plea for bail in high-profile jury misconduct case": Lyle Denniston has this post at "SCOTUSblog" on the emergency application for continued bail that former Illinois Governor George H. Ryan, Sr. and co-defendant Lawrence E. Warner have filed. Posted at 02:15 PM by Howard Bashman "State Court Upholds Fla. Executions": The Associated Press provides a report that begins, "Florida's Supreme Court ruled Thursday that the state's lethal injection procedures are not cruel and unusual, which could clear the way for an execution scheduled for this month." You can access today's ruling of the Supreme Court of Florida at this link. "G'town students court the Supremes": The Georgetown Voice today contains an article that begins, "Though not wearing costumes, the 17 Georgetown students huddled around the GUTS bus stop in front of Leo's at 6:30 a.m. on Wednesday had woken up early for a special Halloween treat: a private meeting with Associate Justice Stephen Breyer." Posted at 11:40 AM by Howard Bashman "As a matter of federal constitutional law, a criminal suspect does not have a right to keep her mug shot and the information contained in a police report outside of the public domain--and least of all from legitimate requests for the information from the press." A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a decision that begins, "Dorothy Bailey claims that the Port Huron Police Department violated her constitutional right to privacy by disclosing her name, hometown, photograph, phone number and husband's occupation after prosecutors charged her in connection with a drunk-driving accident." Information disclosed to the press included that Ms. Bailey's husband worked as an undercover law enforcement officer, and in fact he was employed as an undercover deputy sheriff in the drug task force unit of the St. Clair County, Michigan Sheriff's Department. Circuit Judge Jeffrey S. Sutton was the author of today's ruling. "The facts of this case read like a novel in that they involve the resurrection of an inventor thought to be deceased." This decision issued today demonstrates what passes for excitement these days in the U.S. Court of Appeals for the Federal Circuit. Posted at 11:30 AM by Howard Bashman "U.S. Supreme Court hears case of convicted Minnesota sex offender": This article appears today in The Minneapolis Star Tribune. Posted at 11:24 AM by Howard Bashman "Protest hits home for Texas judge who refused to hear late appeal": Yesterday's issue of The Daily Texan contained an article that begins, "A group of activists opposing the death penalty rallied outside Judge Sharon Keller's home in North Austin Tuesday night. Keller presides over the Texas Court of Criminal Appeals and refused to accept a late death penalty appeal on Sept. 25, which resulted in Michael Richard's execution." And The Fort Worth Star-Telegram yesterday contained an editorial entitled "Hello? Hello?! Criminal justice." "Scott Peterson can't collect on murdered wife's insurance, court rules": Bob Egelko has this article today in The San Francisco Chronicle. And The Modesto Bee reports today that "Policy goes to Laci Peterson's mother; Appellate court panel sees no reason to delay payout." You can access yesterday's ruling of the California Court of Appeal for the Fifth Appellate District at this link. "Terror case prosecutor acquitted of rigging trial; Jury: Convertino and agent didn't hide evidence." The Detroit Free Press contains this article today. The Detroit News reports today that "Federal jury acquits terror prosecutor; Jubilant Convertino calls trial 'politically motivated prosecution.'" The New York Times reports that "Ex-Prosecutor Acquitted of Misconduct in 9/11 Case." And The Washington Post reports that "Ex-Prosecutor, Security Officer Cleared in Terrorism Case." "Brian Nichols case: Fellow judge blasts Fuller; Seeking replacement: In an e-mail, Schwall calls fellow jurist a 'fool'; Court spokesman says other judges are frustrated." This article appears today in The Atlanta Journal-Constitution. The newspaper also reports that "Nichols lawyers drop contempt of court motion." And Law Professor Anne Emanuel has an op-ed entitled "Judge easy, but wrong, scapegoat; State raised the bar, bringing on a costly defense for Nichols." In other coverage, Fulton County Daily Report today contains an article headlined "Ga. Judge Blasts Judge in Courthouse Murder Case as a 'Fool' and 'Embarrassment'; Judge Craig Schwall blasts Fuller in an e-mail to Superior Court judges, saying Fuller should be replaced." "Huge award in funeral lawsuit; $10.9 million damages for kin of Marine killed in Iraq": Today's edition of The Baltimore Sun contains an article that begins, "A federal jury in Baltimore awarded nearly $11 million yesterday to the father of a Marine killed in Iraq, deciding that the family's privacy had been invaded by a Kansas church whose members waved anti-gay signs at the funeral. It was the first-ever verdict against Westboro Baptist Church, a fundamentalist Christian group based in Topeka that has protested military funerals across the country with placards bearing shock-value messages such as 'Thank God for dead soldiers.' They contend that the deaths are punishment for America's tolerance of homosexuality and of gays in the military." The Topeka Capital-Journal reports today that "Phelpses found liable for $10.9 million; Spokeswoman says appeal likely to happen." The Washington Post reports that "$11 Million Awarded in Funeral Protest Suit." And USA Today reports that "Church liable for protest at funeral; Jury gives Marine's family nearly $11M in damages." "Media vote may be delayed; At a hearing, the FCC is urged to complete a long-running study before deciding on new ownership regulations": Jim Puzzanghera has this article today in The Los Angeles Times. And The Washington Post reports today that "Critics Turn Out To Protest Media Consolidation." "Marin judge rules lethal injection procedures invalid": Bob Egelko has this article today in The San Francisco Chronicle. Today in The Los Angeles Times, Henry Weinstein reports that "Judge bars new plan for executions; The jurist rules that state broke the law by not seeking public comment or independent review." And The Marin Independent Journal reports that "Marin judge rejects new execution method." "Two More Democrats To Oppose Mukasey; White House Says Justice Pick Will Still Be Confirmed": This article appears today in The Washington Post. The Los Angeles Times reports today that "Democrats' resistance to Mukasey grows; Two more Democratic senators say they will not support his nomination as attorney general when the committee votes on it Tuesday." In addition, columnist Rosa Brooks has an op-ed entitled "Mukasey's black magic on torture: Anyone with a conscience has an opinion on waterboarding; the would-be attorney general should come clean on his." USA Today reports that "Mukasey draws more criticism for answers on 'waterboarding' issue." The New York Times contains an editorial entitled "Torture and the Attorneys General." In addition, Senior U.S. District Judge John C. Coughenour of the Western District of Washington has an op-ed entitled "How to Try a Terrorist." "Executions likely on hold until high court ruling; Reprieve in Miss. case signals more stays as justices review lethal injection": Joan Biskupic has this article today in USA Today. Greg Stohr of Bloomberg News reports that "U.S. Cuts Back on Executions as It Debates Lethal Injections." The Houston Chronicle reports today that "DA decides to hold off on some death penalty cases; County will wait until Supreme Court rules on punishment's constitutionality." And in The Washington Post, Law Professor David R. Dow has an op-ed entitled "The Last Lethal Injection?" "Alito puts rookie year behind, gets a few words in; The former U.S. attorney brings 'prosecutorial experience to bear'": Joan Biskupic has this article today in USA Today. Posted at 08:04 AM by Howard Bashman "Roadblock for Telecom Immunity; Senate Judiciary Leaders Resist Leniency for Surveillance": The Washington Post contains this article today. And The New York Times reports today that "Key Senators Raise Doubts on Eavesdropping Immunity." "Enemy-combatant case returns to U.S. appeals court": This article appears today in The Richmond Times-Dispatch. The Washington Post reports today that "Appeals Court in Va. to Hear Enemy Combatant Case." And law.com reports that "4th Circuit Hears Enemy Combatant Case." Wednesday, October 31, 2007 "Court Takes Second Look at Enemy Combatant Case": Adam Liptak will have this interesting article Thursday in The New York Times. Posted at 11:24 PM by Howard Bashman "Attorney general nominee's confirmation may now be in doubt": Marisa Taylor of McClatchy Newspapers provides this report. And The New York Times on Thursday will contain an article headlined "Nominee's Stand Avoiding Tangle of Torture Cases." "Perfect example of why torture is a failed tactic: A recent court ruling shows how the FBI allegedly threatened to use torture to coerce a terror suspect into a false confession." The Denver Post today contains an editorial that begins, "The next time you hear 'Trust us' from the Bush administration when it comes to fighting the war on terrorism, think of Abdallah Higazy. A federal appeals court ruling issued recently revealed details of how an FBI interrogator is said to have coerced Higazy into confessing to a crime he didn't commit. The ruling from the 2nd U.S. Court of Appeals gave Higazy the legal footing to sue the FBI over his treatment. A version of the ruling on the court's website last week was quickly replaced with a redacted version omitting the embarrassing details. But the early version gave the public a window on the tactics this administration is accused of using to pursue suspected terrorists. It's another compelling example of why federal lawmakers need to push for oversight and greater disclosure of the methods the administration uses." The original version of the Second Circuit's ruling remains available online at this link. Higazy-related posts at "Daily Kos": "Valtin" today has a post titled "Cover-up: FBI Threatens Suspect's Family with Torture." "dday" has a post titled "The FBI, Egyptian Torture, and the Court Opinion That Wasn't." And "albaum" has a post titled "Federal Appeals Court Covers Up Abuse?" I'm planning to discuss the Higazy matter in the November 5, 2007 installment of my "On Appeal" column for law.com. On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Stayed Executions Revive Lethal Injection Debate" (featuring Nina Totenberg) and "Mukasey's Torture Comments Give Panel Pause." RealPlayer is required to launch these audio segments. Did these federal district courts properly decide to order that a criminal defendant be involuntarily medicated in order to be competent to stand trial? In a case from Louisiana, the Fifth Circuit answered "yes" in this decision issued today. And in a case from California, the Ninth Circuit answered "no" in this decision issued today. "Father of slain Marine wins case against funeral protesters; Pa. man awarded $2.9 million in compensatory damages": The Baltimore Sun provides a news update that begins, "Albert Snyder of York, Pa., the father of a Westminster Marine who was killed in Iraq, today won his case in a Baltimore federal court against members of Topeka, Kan.-based Westboro Baptist Church who protested at his son's funeral last year. The jury of five women and four men awarded Snyder $2.9 million in compensatory damages. The amount of punitive damages to be awarded has not yet been decided. The jury deliberated for about two hours yesterday and much of today." And The Associated Press reports that "Jury Awards Father $2.9M in Funeral Case." Update: Later today, as updated versions of the articles linked above confirm, the jury's award increased to nearly $11 million after the jury announced, following further deliberations, that it was also awarding $6 million in punitive damages for invasion of privacy and $2 million for emotional distress. "Former Detroit Prosecutor Acquitted": The Associated Press provides a report that begins, "A jury has acquitted a former federal prosecutor of withholding evidence in the nation's first major terrorism trial after Sept. 11." The Detroit News provides an update headlined "Exonerated Convertino: Prosecution of terror case 'politically motivated.'" And The Detroit Free Press provides a news update headlined "Jury: Convertino not guilty on all charges." "Law grads face off at high court: Pat Diamond and Ben Butler, both Law School alumni, will present to the Supreme Court on opposing sides." The Minnesota Daily today contains an article that begins, "When oral arguments begin today in a case before the U.S. Supreme Court, it's clear history will be made - not just in terms of the eventual decision, but because of who's squaring off in the courtroom. That's because two University Law School alumni - Pat Diamond, Hennepin County attorney who graduated from the school in 1986, and Ben Butler, state public defender who graduated in 2001 - are representing opposing sides in what promises to be an intriguing case with nationwide implications. Cynthia Huff, Law School spokeswoman, said it's the first time in recent history that anyone at the school knows of where two University Law School alumni have faced each other before the U.S. Supreme Court. " Posted at 04:11 PM by Howard Bashman "October Ends With No Executions in US": Mark Sherman of The Associated Press provides a report that begins, "For the first time in nearly three years, a month passed with no executions in the United States." Of course, because October doesn't end until midnight, the article's claim could be seen as premature. Posted at 03:54 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument in Danforth v. Minnesota, No.06-8273: The Court has posted the transcript at this link. Posted at 03:48 PM by Howard Bashman "There is no provision in the rules of procedure for a district court to predict that an appellate court will find an appeal frivolous and to set a bond for costs on appeal based on an estimate of what 'just damages' and costs the appellate court might award." I guess it's too much to expect that a trial judge will always rejoice at the prospect of appellate review, but it's never ceased to amaze me the extent to which some trial judges will go to try to prevent a party from obtaining appellate review. I related one such scenario in a recent installment of my "On Appeal" column for law.com headlined "May a Trial Court Force the Parties to Waive Appellate Review?" Today, in an entirely separate case, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has vacated a federal district court's order requiring the appellant to post an appeal bond in the amount of $150,000 just to obtain appellate review. The proper amount of an appeal bond in that case, today's Fifth Circuit ruling holds, is $1,000. "Court: Former Ill. Gov Must Go to Jail." The Associated Press provides a report that begins, "A federal appeals court on Wednesday denied former Gov. George Ryan's request to remain free on bail while he appeals his conviction on corruption charges. The ruling means Ryan will likely have to go to prison next week." The Chicago Tribune provides a news update headlined "Ryan a step closer to prison." And The Chicago Sun-Times provides a news update headlined "Appeals court refuses Ryan bond, says must go to prison next week; 'End of the line' for Ryan, judge says." Today's Seventh Circuit rulings in this case consist of a decision refusing to allow the defendants to continue to remain on bail and a decision refusing to issue a stay of the Seventh Circuit's appellate mandate. "Attorney General Chess: If Mukasey is knocked out, which party loses?" Emily Bazelon has this jurisprudence essay online at Slate. Posted at 01:05 PM by Howard Bashman "Children of the Porn: The Supreme Court contemplates lying about porn in the real world." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 01:03 PM by Howard Bashman "What does the Supreme Court really do?" At "SCOTUSblog," Lyle Denniston has this post reporting on today's U.S. Supreme Court oral argument in Danforth v. Minnesota. Posted at 01:02 PM by Howard Bashman "Appeals Court Hears Enemy Combatant Case": The Associated Press provides this report. Posted at 12:54 PM by Howard Bashman "Enemy Combatant Gets Day in Court": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Earlier today, I collected additional press coverage at this link. "Fury at vote reflects a politicized process": Yesterday in The Boston Globe, columnist Peter Canellos had an essay that begins, "Last week, Senator Dianne Feinstein of California either created 'a miracle of bipartisanship,' in the words of the Hattiesburg American, a Mississippi newspaper, or committed a 'slap in the face to African-Americans and people of good will,' in the words of Wade Henderson of the liberal-leaning Leadership Conference on Civil Rights. Feinstein, a Democrat, voted with Republicans on the Senate Judiciary Committee to advance President Bush's nomination of Leslie Southwick, a former Mississippi state court judge, to the federal appeals court for his region." Posted at 11:12 AM by Howard Bashman "Court overturns ban on Ind. House prayer": The Indianapolis Star today contains an article that begins, "Sectarian prayers, including those to Jesus Christ, could return to the front of the Indiana House chamber after a court ruling Tuesday, but opponents warned of a legal challenge if that happens." The Journal Gazette of Fort Wayne, Indiana reports today that "House prayer ban falls on appeal; Court finds plaintiffs have no legal right to sue." And The Louisville Courier-Journal reports that "Limits on House prayers lifted; Plaintiffs don't have standing, court says." My earlier coverage of yesterday's Seventh Circuit ruling appears at this link. "Reprieve: U.S. Supreme Court halts execution of Miss. man." This article appears today in The Clarion-Ledger of Jackson, Mississippi, along with articles headlined "Victim's spouse must endure longer wait for justice" and "Death penalty protesters rejoice at stay of execution." Joan Biskupic of USA Today reports that "Supreme Court halts Miss. execution." Greg Stohr of Bloomberg News reports that "High Court Signals Execution Halt During Lethal-Injection Case." And James Vicini of Reuters reports that "Mississippi death row inmate gets last-minute stay." "Jury gets 2 views of terror prosecutor": The Detroit News today contains an article that begins, "The Justice Department says Richard Convertino was a politically ambitious federal prosecutor willing to break the law to notch a high-profile terrorism case under his belt. Convertino's lawyer says he was an overworked hero fighting to make Americans safe from radicals plotting to harm them. Today, jurors begin deciding which picture is accurate after a full day of emotionally charged closing arguments Tuesday." The Detroit Free Press reports today that "Terror prosecutor faces judgment; Corruption case goes to jury today." And The New York Times reports that "Ex-Prosecutor 'Crossed Over the Line,' Jury Is Told." "California may be forced to redesign executions; A decision to toss latest plan would increase uncertainty over state's death penalty, already on hold because of a constitutional challenge": Henry Weinstein has this article today in The Los Angeles Times. Today in The San Francisco Chronicle, Bob Egelko reports that "State's new lethal injection procedures ruled invalid." And The Marin Independent Journal reports that "Marin judge ready to toss new method of execution." "An isolated case: The fall of a renowned class-action lawyer isn't evidence for curtailing such lawsuits." This editorial appears today in The Los Angeles Times. Posted at 08:55 AM by Howard Bashman "Jury sees video of funeral protest; Five women and four men begin weighing lawsuit by Marine's family against church": The Baltimore Sun today contains an article that begins, "The father of a young Marine killed in Iraq wept repeatedly in federal court in Baltimore yesterday as a jury watched video images of members of a Kansas church protesting the military's inclusion of homosexuals by picketing his son's Westminster funeral. The videos provided an emotional ending to the evidence portion of the weeklong trial in U.S. District Court. Albert Snyder of York, Pa., the Marine's father, is attempting to be the first in the nation to hold members of Topeka-based Westboro Baptist Church legally liable for their shock protests at military funerals." Posted at 08:44 AM by Howard Bashman "Partners In the War On Terror: Telecommunications Firms And the Senate's FISA Bill." U.S. Senator John D. Rockefeller IV (D-WV) has this op-ed today in The Washington Post. Posted at 08:42 AM by Howard Bashman "Justices Hear Arguments on Internet Pornography Law": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "High Court Surveys Child Pornography Law's Scope." David G. Savage of The Los Angeles Times reports that "High court weighs child porn law; Justices seek to establish whether a tool to punish online purveyors of illegal pictures infringes on the 1st Amendment." In USA Today, Joan Biskupic reports that "Court puts child porn law to test; Justices appear skeptical of challengers' arguments." In The Chicago Tribune, James Oliphant reports that "Child porn law goes to high court; Critics say statute too broad to stand." And The Miami Herald reports that "Child-porn law debated; The attorney for a former Miami-Dade officer argued before the U.S. Supreme Court that a law to curb child pornography is too broad." "Judge Who Lost Pant Suit Loses Job": The Washington Post today contains an article that begins, "Roy L. Pearson Jr., the administrative law judge who lost his $54 million lawsuit against a Northeast Washington dry cleaner, lost his job yesterday and was ordered to vacate his office, sources said. Pearson, 57, who had served as a judge for two years, was up for a 10-year term at the Office of Administrative Hearings, but a judicial committee last week voted against reappointing him. The panel had a seven-page letter hand-delivered to Pearson about 3:30 p.m., directing him to leave his office by 5 p.m. Pearson's term ended in May, at the height of his battle with the dry cleaners. Since then, he has remained on the payroll, making $100,000 a year as an attorney adviser. A source familiar with the committee's meetings said Pearson's lawsuit played little role in the decision not to reappoint him." Posted at 08:30 AM by Howard Bashman "When Judges Attack! The war president is finding a less pliant judiciary." Nat Hentoff has this essay in the current issue of The Village Voice. Posted at 08:28 AM by Howard Bashman "Federal Appeals Court to Hear 'Enemy Combatant' Case": The Washington Post provides a news update that begins, "The battle over President Bush's power to indefinitely detain a U.S. resident without charge moves to the full federal appeals court in Richmond this morning, as the judges consider the case of Qatari national Ali Saleh Kahlah al-Marri. A three-judge panel of the U.S. Court of Appeals for the 4th Circuit ruled in June that Bush had overreached his authority when he declared Marri an 'enemy combatant' and that the Constitution protects U.S. citizens and legal residents such as Marri from unchecked military power. The administration is now appealing to the full court, which will hear arguments from both sides." Today in The Christian Science Monitor, Warren Richey reports that "Appeals court weighs who's an enemy combatant; Enemy combatant Marri says the US can't hold him without charge indefinitely." And The Peoria Journal Star reports that "Al-Marri challenges Bush's war on terror; Judges to decide whether ex-West Peorian can be held as an 'enemy combatant.'" My earlier coverage of the original three-judge panel's ruling in the case can be accessed here, here, and here. "Mukasey Calls Harsh Interrogation 'Repugnant'": The New York Times contains this article today. Today in The Washington Post, Dan Eggen has a front page article headlined "Mukasey Losing Democrats' Backing; Nominee Unsure If Waterboarding Breaks Torture Law." The Los Angeles Times reports that "Mukasey's reply draws more fire; The attorney general nominee declines to call water-boarding torture, as Democrats on Senate panel had sought." Marisa Taylor of McClatchy Newspapers reports that "Mukasey calls waterboarding repugnant but declines to say it's illegal." The Wall Street Journal reports that "Mukasey Riles Backers On Waterboarding Issue." The New York Sun reports that "Mukasey's Fate Now in Doubt in the Senate." The newspaper also contains an editorial entitled "Mukasey's Mettle." James Rowley of Bloomberg News reports that "Mukasey Vote for Attorney General May Be Closer Than Predicted." And The Washington Times contains an editorial entitled "The Mukasey test." "Some Respite, if Little Cheer, for Skid Row Homeless": This article, reporting on Los Angeles, appears today in The New York Times. Posted at 08:04 AM by Howard Bashman "Roots of False Confession: Spotlight Is Now on the F.B.I." The New York Times today contains an article that begins, "This month, Abdallah Higazy managed to crawl from the landslide of forgotten history on a slow-motion journey toward the truth." The article refers to the original, now-withdrawn version of the Second Circuit's ruling in the case, which I have posted online at this link. Tuesday, October 30, 2007 "Justices Stay Execution, a Signal to Lower Courts": Linda Greenhouse will have this article Wednesday in The New York Times. And in Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Stay of Execution Is Granted For Mississippi Murderer." "Supreme Court hears arguments over child-pornography law": McClatchy Newspapers provide this report. Posted at 10:55 PM by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Court Examines Law to Curb Child Porn on Internet" (featuring Nina Totenberg) and "Respected Marine Lawyer Alleges Military Injustices." RealPlayer is required to launch these audio segments. "AG Nominee Unsure About Waterboarding": The Associated Press provides a report that begins, "President Bush's nominee for attorney general told the Senate Judiciary Committee on Tuesday that an interrogation technique called waterboarding is repugnant but that he did not know if it is legal." And Dan Eggen of The Washington Post has a news update headlined "Attorney General Nominee Sends Letter to Dems." You can view the four-page letter at this link. "Supreme Court Halts Halt Miss. Execution": Mark Sherman of The Associated Press provides this report. Linda Greenhouse of The New York Times has a news update headlined "Supreme Court Stays Execution in a Sign of a Broader Halt." Jan Crawford Greenburg of ABC News has a written report headlined "'De Facto Moratorium' on Lethal Injections? With Lethal Injection Case Pending, Supreme Court Blocks Miss. Execution." And at "SCOTUSblog," Lyle Denniston has a post titled "Court delays Mississippi execution." "Convicted killer hoping Supreme Court will grant appeal in 6 o'clock execution": The Clarion-Ledger of Jackson, Mississippi provides this news update. Posted at 06:07 PM by Howard Bashman "Court overturns ban on Statehouse prayer": The Indianapolis Star provides this news update. My earlier coverage of today's Seventh Circuit ruling appears at this link. Access online the transcripts of today's U.S. Supreme Court oral arguments: By clicking on the following links, you can access the transcripts of oral argument in United States v. Williams, No. 06-694, and Logan v. United States, No. 06-6911. Posted at 04:00 PM by Howard Bashman "Lethal Injection in Mississippi": This audio segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here & Now." Posted at 03:34 PM by Howard Bashman "Supreme Court Takes Up Child Porn Case": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." And at "The Volokh Conspiracy," Orin Kerr has a post titled "Oral Argument in United States v. Williams." "[T]he fact that a litigant is psychotic does not mean that he cannot assist in his case": Circuit Judge Richard A. Posner issued this interesting decision today on behalf of a unanimous three-judge Seventh Circuit panel discussing what level of mental competency a state death row prisoner must possess in order for his federal habeas challenge to proceed. Posted at 02:50 PM by Howard Bashman "An anti-porn law that will survive?" Lyle Denniston has this post at "SCOTUSblog." Posted at 02:44 PM by Howard Bashman Divided three-judge Seventh Circuit panel rejects for lack of standing a taxpayer challenge to the practice of the Indiana House of Representatives' opening each session with a prayer: You can access today's ruling at this link. The effect of today's ruling is to overturn a permanent injunction that a federal district court had issued to prohibit the prayers in question. Both the majority opinion and the dissenting opinion engage in a lengthy discussion of the impact of the U.S. Supreme Court's recent ruling in Hein v. Freedom from Religion Foundation, Inc. on the issue of taxpayer standing in an Establishment Clause challenge such as this. In her dissenting opinion, Circuit Judge Diane P. Wood writes: I do not rule out the possibility that some or all of the prayers offered before the Indiana House might similarly pass muster under Marsh. Unfortunately, however, we are never to find out. Under the majority's approach, even if the Speaker decides to start working his way through the Anglican Book of Common Prayer day by day, notwithstanding the presence of Jewish, Muslim, Hindu, Buddhist, and other legislators, staff, and constituents, nothing can be done to enforce the command of the Establishment Clause. As long as a majority of the House is Christian, it is also reasonable to predict that the House itself will never take action to curb such a practice.I previously had this post linking to the briefs filed in the case and the online audio of the appellate oral argument. Posted at 02:23 PM by Howard Bashman The U.S. Court of Appeals for the Seventh Circuit has begun posting online its decisions on judicial misconduct complaints: If these have been available online previously, they've avoided my notice until now. In any event, you can access the decisions, which date back to November 29, 2006, via this link. Posted at 02:15 PM by Howard Bashman "Court Reviews Child Pornography Law": Mark Sherman of The Associated Press provides a report that begins, "The Bush administration urged the Supreme Court Tuesday to uphold a law against the promotion of child pornography, rejecting First Amendment claims that it limits legitimate creative expression." Posted at 12:24 PM by Howard Bashman Federal Circuit denies en banc rehearing to reconsider its decision declaring the District of Columbia's Prescription Drug Excessive Pricing Act of 2005 preempted by federal patent law: You can access today's order, which is accompanied by both a concurring opinion and a dissenting opinion, at this link. My earlier coverage of the three-judge panel's original ruling appears at this link. A few days later, The Washington Post published this article about the decision. Inactive Senior Judge Wilson Cowen of the U.S. Court of Appeals for the Federal Circuit has died at the age of 101: An announcement appears at that court's internet home page. Biographical information about Judge Cowen can be accessed here and here. Posted at 11:14 AM by Howard Bashman "Executive Power & the War: A panel of Supreme Court experts talk about the Boumediene v. Bush case in a session titled, 'Executive Power and the War on Terror.'" If you missed this past Saturday's broadcast of C-SPAN's "America & the Courts" or, more likely, you can't wait to watch it again, you can access the broadcast online, on-demand by clicking here (RealPlayer required). On this occasion, Linda Greenhouse of The New York Times allowed C-SPAN to record her remarks. Among her co-panelists were Lyle Denniston, Walter Dellinger, and John Yoo. Posted at 10:27 AM by Howard Bashman "When Punitive Damages Make No Sense": Stuart Taylor Jr. has this essay about the Exxon Valdez case in this week's issue of National Journal. Posted at 10:22 AM by Howard Bashman "Happy Birthday To Us!" Two days after I declared myself forty-three years old, the blog "Drug and Device Law" today declares itself one year old. I first noted that blog's existence in this post from December 18, 2006. Update: In other blog birthday news, the blog "LawBeat" also declares itself to be one year old today. "Wilson on 'Today' show, says his release was unexpected": The Atlanta Journal-Constitution contains this article today. In addition, Law Professor Donald E. Wilkes Jr. has an op-ed entitled "Justice gets new lease on life; Wilson didn't deserve cruel punishment." USA Today reports today that "Man in teen sex case considers his future." The Associated Press reports that "Many Teens Don't Know the Law About Sex." And The Los Angeles Times contains an editorial entitled "Judgment call: The ruling that freed a Georgia man in a sex case wasn't judicial activism, it was righting a wrong." "Class-action lawyer pleads guilty; Former Milberg Weiss partner William Lerach faces up to two years in prison for conspiracy in a scheme to bribe plaintiffs": This article appears today in The Los Angeles Times. The Washington Post reports today that "Lerach Enters Guilty Plea In Class-Action Conspiracy." And The New York Times reports that "Leading Class-Action Lawyer Pleads Guilty to Conspiracy." "Opening Halls of Justice": The Dallas Morning News today contains an editorial that begins, "It may be impossible to remove the stain that Sharon Keller, presiding judge of the Texas Court of Criminal Appeals, has placed on the state's judiciary. But two lawyer-driven actions might keep it from spreading. More than 300 members of the Texas bar joined a petition last week asking Judge Keller's court to adopt modern procedures and allow e-mailed filings in death penalty cases. Of course it should. Electronic filing in life-or-death cases might have avoided Judge Keller's disgraceful decision Sept. 25 in which she refused a condemned man's plea for a 20-minute extension beyond the court's usual 5 p.m. closing." Posted at 08:50 AM by Howard Bashman "On Torture, 2 Messages and a High Political Cost": This news analysis appears today in The New York Times. And Adam Cohen has an Editorial Observer essay entitled "Honey, They Shrunk the Congress." Today's edition of USA Today contains an editorial entitled "Is Mukasey willing to be a 'no' man in the White House? Bush's pick for attorney general must clarify views on executive authority." And Bradford A. Berenson has an op-ed entitled "President has inherent powers; Mukasey, a fine nominee, is simply pointing out constitutional reality." And The Washington Post contains an editorial entitled "The Waterboarding Dodge: Who's really to blame for Mr. Mukasey's evasions on torture?" "Elizabeth Taylor to Keep Van Gogh": Linda Greenhouse has this newsbrief today in The New York Times. Posted at 08:30 AM by Howard Bashman "Killer down to final appeal; Justices have one last chance to halt execution": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "Convicted killer Earl Wesley Berry's final request to halt his execution remained unanswered by the nation's high court Monday as Mississippi continued preparations to put him to death tonight. Attorneys for Berry and the state expected a ruling on his appeal before his 6 p.m. execution at the Mississippi State Penitentiary at Parchman." Posted at 08:25 AM by Howard Bashman "Exxon Valdez on radar of high court; Justices agree to reconsider whether Exxon can be forced to pay $2.5 billion in punitive damages for allowing a heavy drinker to take the helm of the ship": David G. Savage has this article today in The Los Angeles Times. Today in USA Today, Joan Biskupic reports that "Court to weigh $2.5B award in Valdez spill." And The Anchorage Daily News contains articles headlined "Exxon appeal granted; high court to hear case" and "Exxon case may turn on 1818 court ruling; Shipowner was not liable for a captain's recklessness." "Thomas J. Meskill Dies at 79; Ex-Congressman, Connecticut Governor and Federal Judge": This obituary appears today in The New York Times. And The Hartford Courant today contains an obituary headlined "A Public Life: Governor, Congressman And Federal Appellate Judge, He Was A Principled 'Man Of The Old School.'" "Va. group's $ behind high court candidate; Maureen Lally-Green is beneficiary": The Philadelphia Daily News today contains an article that begins, "A mysterious non-profit group based in Virginia is throwing tens of thousands of dollars into Pennsylvania's state Supreme Court campaign, without disclosing the sources of the money." And The Philadelphia Inquirer today contains an article headlined "Plugging tirelessly toward high court" that begins, "He's been a biker, a Philly police officer, a lawyer, the Eagles Court judge, a Marine, an Air Force colonel, and an appellate judge. And now, Seamus P. McCaffery wants more than anything to be a justice on Pennsylvania's highest court." "U.S. Supreme Court rejects ex-convict's legal argument; Austin company argued most inmates must be freed on technicality": Chuck Lindell has this article today in The Austin American-Statesman. Posted at 07:52 AM by Howard Bashman "Child porn law at center of free-speech case; Opponents argue statute is too broad": Joan Biskupic has this article today in USA Today. The Deseret Morning News reports today that "Child-porn law focus of appeal." And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Supreme Court Considers Range of Child Porn Law" (RealPlayer required). "The Supreme Court Considers a Procedural Roadblock to Recovery Under the Age Discrimination in Employment Act": Joanna Grossman has this essay online today at FindLaw. Posted at 07:40 AM by Howard Bashman Available online from law.com: An article reports that "High Court Finds High-Tech Persuasive." And in other news, "Major Publishers Back National Geographic in Copyright Fight." Monday, October 29, 2007 "Justices to Hear Exxon's Challenge to Punitive Damages": Linda Greenhouse will have this article Tuesday in The New York Times. And in Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Justices to Examine Punitive Damages In Exxon Oil Spill." "Eyes on Supreme Court in Execution Case Tuesday": In Tuesday's edition of The New York Times, Linda Greenhouse will have an article that begins, "By 6 p.m. Tuesday, when a Mississippi inmate is scheduled to die by lethal injection, the Supreme Court may give the clearest indication so far of whether it intends to call a halt to all such executions while a case from Kentucky that the justices accepted last month remains undecided." The Clarion-Ledger of Jackson, Mississippi provides a news update headlined "High court denies first of two appeals by convicted killer." And The Hattiesburg American reported on Sunday that "USM student to watch grandmother's killer die." "Clarence Thomas at Baltimore Book Party": This post appears today at The Washington Post's "Maryland Moment" blog. Posted at 10:50 PM by Howard Bashman "Bursting the dam on judicial nominations; Though the big-spending left exacts a price": The Las Vegas Review-Journal today contains an editorial that begins, "On Wednesday, the Senate voted 59-38 to approve the nomination of former Mississippi Court of Appeals Judge Leslie Southwick to the U.S. Court of Appeals for the 5th Circuit. Those not familiar with the process might figure a vote that lopsided means the nomination didn't generate much controversy." Posted at 10:44 PM by Howard Bashman "Mack prosecutors resume testimony today in Vegas": The Reno Gazette-Journal today contains an article that begins, "After a three-day weekend to observe Nevada Day, prosecutors will resume today trying to prove that Reno businessman Darren Mack is guilty in the fatal stabbing of his wife shooting of the judge who was handling their contentious divorce." That newspaper's "Darren Mack Blog" provides additional updates from the trial. "Is child-porn law too broad? US Supreme Court takes up the case of a man convicted of trying to distribute make-believe porn." Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 10:18 PM by Howard Bashman "Judge won't block 'moment of silence'": The Chicago Tribune provides a news update that begins, "Despite signaling he has concerns about a new state law mandating a moment of silence in Illinois public schools, a federal judge today declined to issue a temporary restraining order that would have prevented a period of reflection at Buffalo Grove High School beginning Tuesday." And The Associated Press reports that "Court Allows Ill. Moment of Silence." "Exxon Asks Supreme Court to Limit $2.5M Spill Tab; Oil giant argues that punitive damage award for the Valdez disaster is excessive": law.com's Tony Mauro provides this report. At CNN.com, Bill Mears reports that "Supreme Court to review Exxon Valdez award; The high court will determine if the $2.5 billion in punitive damages owed for the 1989 Alaska oil spill is excessive." And today's broadcast of the public radio program "Here & Now" included an audio segment featuring Lyle Denniston entitled "Supreme Court and Exxon Dispute" (RealPlayer required) Access online the transcripts of today's U.S. Supreme Court oral arguments: By clicking on the following links, you can access the transcripts of oral argument in Klein & Co. Futures v. Board of Trade of City of New York, No. 06-1265, and Ali v. Federal Bureau of Prisons, No. 06-9130. Posted at 03:33 PM by Howard Bashman On today's broadcast of NPR's "Day to Day": The broadcast included audio segments entitled "Future of Lethal Injection in Question" (featuring Dahlia Lithwick) and "Controversial Suicide Law Marks 10 Years." RealPlayer is required to launch these audio segments. Posted at 03:27 PM by Howard Bashman "Supreme Court may cut Exxon Valdez damages": Joan Biskupic of USA Today provides this news update. And The Washington Post provides a news update headlined "Supreme Court to Hear Exxon Valdez Case." "Lawyer Pleads Guilty in Kickback Case": The Associated Press provides a report that begins, "William Lerach, a former partner at a prestigious New York law firm, pleaded guilty Monday to conspiracy for his role in a scheme to bribe people to become plaintiffs in lucrative class-action lawsuits." Posted at 03:11 PM by Howard Bashman "Federal courts are not comprised of philosopher-kings or legislative aides, and the Constitution forbids us from pontificating about abstractions in the law or merely giving advice about the potential legal deficiencies of a law or policy when no ongoing controversy exists with respect to that law or policy." So writes Fourth Circuit Chief Judge Karen J. Williams, on behalf of a unanimous three-judge panel of that court, in dismissing as moot a South Carolina state prison inmate's First Amendment challenge to a policy that prevents inmates in the maximum security unit from receiving publications via mail. As today's ruling explains, because the inmate was released back into the general prison population from the maximum security unit over two years ago, and because the inmate "controls his own fate so far as the prospects for his return to the MSU are concerned," the panel today dismisses the inmate's appeal as moot. "The Mukasey Ultimatum: The Dems do have a way to make the attorney general nominee talk about waterboarding." Benjamin Wittes has this essay online today at The New Republic. Posted at 03:00 PM by Howard Bashman "Ex-convict appeals to inmates' hopes for freedom; Company says cases can be won on a legal technicality": Chuck Lindell had this article yesterday in The Austin American-Statesman. Posted at 02:15 PM by Howard Bashman "Muslim Says Copies of Quran Confiscated": Pete Yost of The Associated Press has an article that begins, "The Bush administration urged the Supreme Court on Monday to bar a Muslim inmate from suing prison officials who allegedly confiscated two copies of his Quran and prayer rug. The inmate should be limited to filing an administrative complaint as thousands of other prisoners do every year for a variety of allegations, a Justice Department lawyer told the court." Posted at 02:14 PM by Howard Bashman Greg Stohr of Bloomberg News is reporting: He has articles headlined "Exxon Gets Court Review of $2.5 Billion Valdez Award" and "Elizabeth Taylor Can Keep van Gogh Work as Court Rejects Appeal." Posted at 12:43 PM by Howard Bashman James Vicini of Reuters is reporting: He has articles headlined "Supreme court to decide Exxon Mobil Valdez appeal"; "US court rejects ex-trader's 7-year contempt case"; and "Court lets Liz Taylor keep van Gogh painting." Posted at 12:40 PM by Howard Bashman "Rocky Mountain High": CBS News legal analyst Andrew Cohen, author of the "Bench Conference" blog hosted by washingtonpost.com, lives in Denver and roots for the Boston Red Sox. That apparently gives him at least two reasons to gloat today at the expense of a certain Philadelphia Phillies fan. On a brighter note, there are now only three and a half months till pitchers and catchers report for spring training. Posted at 11:45 AM by Howard Bashman "Man freed in teen sex case says no 'negative energy' toward DA": CNN.com provides this report. Posted at 11:14 AM by Howard Bashman The Associated Press is reporting: An article headlined "Court Declines Case Involving Painting" begins, "The Supreme Court on Monday refused to consider a dispute involving actress Elizabeth Taylor over ownership of a Vincent van Gogh painting. The painting is claimed by descendants of a Jewish woman who fled Nazi Germany." And an article headlined "Court Declines Alabama Murder Case" begins, "The Supreme Court on Monday declined to review a triple-murder case in which the trial prosecutor stood up in court, clapped his hands several times and said 'bravo' after the accused killer finished testifying in his own defense." Senior Second Circuit Judge Thomas J. Meskill has died: The Associated Press reports that "Former Gov. Thomas Meskill Dies." Judge Meskill was continuing to perform the work of his court until the end, as this ruling issued today demonstrates. Is that a one-pound package of powder cocaine in your pants or are you just glad to see me? In a decision issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit affirms the suppression of a one-pound package of powder cocaine discovered during the pat-down search of a car passenger. Today's ruling holds that a pat-down search of the passenger was unlawful because the prosecution had failed to show that the police officer had a reasonable suspicion that the passenger was armed and dangerous before conducting the search. Posted at 10:45 AM by Howard Bashman U.S. Supreme Court can't hear case in which seven of that Court's nine Justices are recused: The Order List that the Supreme Court of the United States issued today contains the following order at the bottom of page one: Because the Court lacks a quorum, 28 U.S.C. �1, and since a majority of the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment is affirmed under 28 U.S.C. �2109, which provides that under these circumstances the Court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided Court. Justice Stevens, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer took no part in the consideration or decision of this petition.You can learn a little more about the case in this decision of the U.S. District Court for the District of Columbia dismissing the action in October 2006. Ironically, the current lawsuit alleged that these Justices should have recused from deciding the plaintiff's earlier lawsuit. As a result of their recusal from deciding this lawsuit, he again loses. Posted at 10:30 AM by Howard Bashman "Supreme Court to Hear Exxon Valdez Case": Mark Sherman of The Associated Press provides this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on Exxon Valdez verdict." That blog has posted online the petition for writ of certiorari, the brief in opposition, and the petitioner's reply brief. You can access amicus briefs filed at the cert. stage via this link (scroll down to seventh case). My earlier coverage of the Ninth Circuit's ruling in this case can be accessed here, while I collected press coverage of that ruling in this post. Today's U.S. Supreme Court Order List, which can be accessed here, indicates that Justice Samuel A. Alito, Jr. has recused himself from this case. "Advocacy Matters": Guest-blogger Richard Lazarus has this post at "The Volokh Conspiracy" about his new paper "Advocacy Matters Before and Within the Supreme Court: Transforming the Court By Transforming the Bar" (abstract with links for download). Posted at 09:08 AM by Howard Bashman "Refusing to Accept Defeat as the Result on Appeal": You can access today's installment of my "On Appeal" column for law.com at this link. Posted at 09:02 AM by Howard Bashman "Sperm donor needed pact, high court rules": Saturday's edition of The Topeka Capital-Journal contained an article that begins, "The Kansas Supreme Court ruled Friday that a sperm donor who wants to have parental rights with any subsequent children must have a written agreement with the mother. The 4-2 decision upholding constitutionality of Kansas' current donor law was the first of its kind in the nation." And The Kansas City Star reported on Saturday that "Kansas high court rules against sperm donor." You can access Friday's ruling of the Supreme Court of Kansas at this link. "High court overturns $30 million award in Walter Hollins case": Friday's issue of The Cleveland Plain Dealer contained an article that begins, "Walter Hollins of Cleveland, brain-damaged since birth 20 years ago, must return to court with a new lawyer if he hopes to ever be compensated for his injuries. The Ohio Supreme Court on Thursday threw out the $30 million verdict that Hollins won in 2004, blaming his attorney, Geoffrey Fieger of Southfield, Mich., for courtroom misconduct that critically tainted the outcome. The verdict was the state's largest medical malpractice award ever. But it was a verdict influenced by passion and tainted by Fieger's theatrics and inappropriate behavior, Justice Terrance O'Donnell wrote in the court's 6-1 opinion." And The Associated Press reports that "Ohio court tosses $30M verdict over Fieger antics." You can access last week's ruling of the Supreme Court of Ohio at this link. "Appellate judge called 'out of control'": Today's edition of The San Antonio Express-News contains an article that begins, "Sharon Keller won election to Texas' highest criminal court 13 years ago with a promise to be a staunch supporter of the death penalty and a 'pro-prosecution' judge." Posted at 08:48 AM by Howard Bashman "Floridians head back to court for Big Tobacco fight": This article appears today in The Palm Beach Post. Posted at 08:47 AM by Howard Bashman "Exxon asks high court to void Valdez spill damages; Justices may say today whether they'll hear case involving jury's $2.5 billion award": Patty Reinert has this article today in The Houston Chronicle. And The Anchorage Daily News reported on Saturday that "Exxon's run of appeals could end Monday; Supreme Court will decide if it will take the case." "Enforcing flag law is a long shot": The Omaha World-Herald today contains an article that begins, "Nebraska's law prohibiting flag desecration is the legal equivalent of a butter churn or slide rule: a device that has outlived its usefulness, according to two scholars and a lawyer seeking to declare the law void." Today's newspaper also contains related articles headlined "Nebraskans' beer label brought flag fracas to head" and "Defender adds touch of irony." "ABA seeks execution moratorium; Study of states finds 'deeply flawed' process, inequities": The Chicago Tribune contains this article today. Posted at 08:20 AM by Howard Bashman "Checking Child Pornography: The Supreme Court considers a pandering case." This editorial appears today in The Washington Post. Posted at 08:14 AM by Howard Bashman "Good judges: Voters should retain the best and let one go." Today's edition of The Pittsburgh Post-Gazette contains an editorial that begins, "Judicial retention elections, until quite recently, have been low-key and easily overlooked. Not this year, not after what happened in 2005. That's when angry voters lashed out at the only statewide candidates on the ballot and threw Supreme Court Justice Russell Nigro off the bench. They nearly did the same to Justice Sandra Schultz Newman, who was also on the ballot; she later resigned. That stunning election was a response to a middle-of-the-night pay raise enacted, then rescinded, by the Legislature and to a subsequent state Supreme Court ruling that upheld the increases for judges." The Philadelphia Inquirer today contains an editorial entitled "For Pa. Supreme Court: Todd and McCaffery." The Allentown Morning Call contains an editorial entitled "These candidates for appellate courts offer chance to restore their esteem." And yesterday's issue of The Harrisburg Patriot-News contained an editorial entitled "Todd, Lally-Green deserve election to the Supreme Court." "Muslim Says Copies of Quran Confiscated": Pete Yost of The Associated Press has an article that begins, "A Muslim inmate says prisoners around the country are regularly mistreated by their jailers because of religious faith. The Supreme Court is considering his case Monday. The issue in the inmate's lawsuit is whether he can sue prison officials for allegedly confiscating two copies of his Quran and his prayer rug." Posted at 07:58 AM by Howard Bashman "The Wiretap This Time": Studs Terkel has this op-ed today in The New York Times. Posted at 07:55 AM by Howard Bashman "Kent, his accuser in same building": Saturday's edition of The Galveston County Daily News contained an article that begins, "The chief judge of the Southern District of Texas on Friday said he didn't know when -- or whether -- Galveston would get a permanent federal judge. Meanwhile, it was hard to learn the reason why suspended U.S. District Judge Samuel B. Kent was removed Thursday as Galveston's permanent judge. Some speculated it could be an attempt to inconvenience the judge and get him to resign. Others said it might be an attempt to avoid the appearance that some attorneys would receive favored treatment by filing cases in Galveston. Still others said it might be an attempt to retaliate against a court employee who transferred from Galveston after she made a sexual harassment complaint against the judge. Once he resumes hearing cases in January, Kent will be based primarily in Houston -- in the same building with his accuser." Friday's newspaper reported that "Galveston to keep court after Kent's transfer." And in yesterday's newspaper, columnist Heber Taylor had an op-ed entitled "Moving Kent a confusing and weak response." "Torturing Mukasey: The judge becomes a pawn in the politics of interrogation." This editorial appears today in The Wall Street Journal. Posted at 07:45 AM by Howard Bashman "Bond Funds With $155 Billion Imperiled If U.S. Court Voids Law": Greg Stohr and Jeremy R. Cooke of Bloomberg News have an article that begins, "Municipal-bond investors may be owed billions of dollars, and bond funds holding $155 billion rendered obsolete, as the result of a U.S. Supreme Court fight over state tax powers." Posted at 07:35 AM by Howard Bashman "Why Does the U.S. Sentence Adolescents To Life Without Parole?" Sherry F. Colb has this essay today at FindLaw. Posted at 07:33 AM by Howard Bashman Sunday, October 28, 2007 "The Smart Way to Shut Gitmo Down": Matthew Waxman has this op-ed today in The Washington Post. Posted at 10:54 PM by Howard Bashman "Act on the Shield Law: The Senate majority leader has two good choices." The Washington Post contains this editorial today. Posted at 10:50 PM by Howard Bashman "On trial in Atlanta: Cost of justice; Georgia's death penalty cases are on hold as state, judge wrangle over $1.8 million price tag for defending Brian Nichols." This article will appear Monday in The Christian Science Monitor. And The Atlanta Journal-Constitution reports today that "Judge for Nichols hearing is familiar with spotlight." "Now free, Genarlow Wilson plans to attend college": The Atlanta Journal-Constitution provides this news update. Today's print edition of that newspaper contained an article headlined "Jackson warns of crisis in justice; Thousands of black men wrongly punished, the veteran activist says; Genarlow Wilson to address church today." The newspaper also contains an editorial entitled "Genarlow Wilson is free ... but other victims of Georgia's sweeping sex offender laws are not." And columnist Jim Wooten has an op-ed entitled "Court ruling is legislating from the bench." Mark Sherman of The Associated Press is reporting: He has articles headlined "Black Lawyers Rare at Supreme Court" and "Lawyers' Group Wants Halt to Executions." Posted at 06:35 PM by Howard Bashman "Judicial Races Now Rife With Politics; Corporate Funds Help Fuel Change": Robert Barnes has this front page article today in The Washington Post. Posted at 05:33 PM by Howard Bashman "A killer argument against assisted suicide: In exposing the euthanasia lobby's disregard for equality before the law, and for free will itself, Neil M Gorsuch has written the most important book yet on the 'right to die.'" In the October 2007 issue of "the spiked review of books," Kevin Yuill has this review of Tenth Circuit Judge Neil M. Gorsuch's book, "The Future of Assisted Suicide and Euthanasia." Posted at 02:12 PM by Howard Bashman "Justice O'Connor Addresses Oral Argument, Supreme Court": This article appeared last Wednesday in The Cornell Daily Sun. And The Ithaca Journal on Wednesday reported that "O'Connor stresses role of oral advocacy." "Abortion's 'So-What' Factor": Today in The Washington Post, columnist George F. Will has an op-ed that begins, "Almost 35 years have passed since the Supreme Court decided to end America's argument about abortion. Because of the court's supposedly therapeutic intervention in the nation's supposedly inadequate democratic debate about that subject, the issue still generates an irritable irrationality that was largely absent before 1973." Posted at 10:08 AM by Howard Bashman "Thomas' rulings contrast meager beginnings; The justice has carved out a stern judicial philosophy in which his early struggles are rarely apparent": David G. Savage has this article today in The Los Angeles Times. Last Wednesday in The Chicago Sun-Times, columnist Steve Huntley had an op-ed entitled "Thomas' life story, philosophy win admirers." And last Thursday, High Point University issued a news release titled "Justice Clarence Thomas To Speak At HPU Commencement." "Scalia honored by Jesse Helms Center; Conservative Supreme Court justice defends his concept of strict constructionism, claiming Constitution 'is not a living organism' but a 'legal document'": This article appeared in yesterday's edition of The News & Observer of Raleigh, North Carolina. Posted at 09:52 AM by Howard Bashman "Bush sets US Supreme Court legacy": BBC News provides this report. Posted at 09:50 AM by Howard Bashman Saturday, October 27, 2007 "President's power to detain in U.S. at issue": At "SCOTUSblog," Lyle Denniston has a post that begins, "In Courtroom Two of the federal courthouse in Richmond, Va., on Wednesday morning at 9, ten judges of the Fourth Circuit Court take up a broad new test of the power of the President to detain terrorist suspects inside the borders of the U.S." Posted at 11:50 PM by Howard Bashman "Torture Stance Raises Doubts on Mukasey": The Washington Post contains this article today. And The New York Times today contains an article headlined "Denounce Waterboarding, Democrats Tell Nominee." "Appeal to halt execution is denied; U.S. high court ruling on lethal injection may decide Berry's fate": This article appears today in The Clarion-Ledger of Jackson, Mississippi. My earlier coverage of yesterday's Fifth Circuit ruling appears at this link. "Political Sway at Guantanamo? Former Prosecutor Says Pressure Began With Australian's Case." Jess Bravin has this article today in The Wall Street Journal. Posted at 08:55 PM by Howard Bashman "Wilson's Sentence Overturned": This article, in which I am quoted, appears online at the web site of Time magazine. The Atlanta Journal-Constitution today contains an article headlined "Wilson rejoices: 4-3 decision frees Gemarlow." The New York Times reports today that "Georgia Court Frees Man Convicted in Sex Case." The Washington Post reports that "Court Orders Release of Man in Teen-Sex Case; Ruling Determines 10-Year Prison Sentence Was Cruel and Unusual Punishment for Consensual Act." The Los Angeles Times reports that "After teen sex ruling, he's a free man; Georgia's high court overturns Genarlow Wilson's conviction, saying his sentence was 'cruel and unusual.'" And Jonathan Ringel of Fulton County Daily Report has an article headlined "Ga. Justices' Ruling in Teen Sex Case Confounds Some Predictions; Justice Thompson provided swing vote in releasing Genarlow Wilson, though he dissented in a similar case." You can access yesterday's ruling of the Supreme Court of Georgia at this link. "Judicial confirmation process 'broken,' federal appeals judge says": The Arkansas News Bureau provides a report that begins, "The judicial confirmation process is 'broken' and needs an overhaul, a federal appeals court judge whose confirmation process lasted three years said Thursday. Senate confirmation of a president's judicial nominees should be rigorous but should not be allowed to drag on for years, said Brett Kavanaugh, a member of the U.S. Court of Appeals for the District of Columbia Circuit. Kavanaugh was a guest speaker Thursday at the University of Arkansas Clinton School of Public Service." And a related news release is titled "D.C. Circuit Judge Brett Kavanaugh speaks at Clinton School." This is not the first time that Clinton and Kavanaugh have been mentioned together in the mass media. "From CIA Jails, Inmates Fade Into Obscurity; Dozens of 'Ghost Prisoners' Not Publicly Accounted For": This front page article appears today in The Washington Post. Posted at 01:03 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "Abortion Ban Back at 4th Circuit; Virginia case tests high court ruling in 'Gonzales.'" In other news, "NHL's Insurers Score Hat Trick in N.J. Supreme Court." An article reports that "Court Ruling Spikes Internet Ministers, Highlights Legal Issue; Divorce attorneys claim ruling could be used as a way to avoid alimony, division of property." In news from Texas, "The Decision-Making Behind the Wait for the HLF Verdict." And the brand new installment of my "On Appeal" column is headlined "Refusing to Accept Defeat as the Result on Appeal." Friday, October 26, 2007 Three-judge Fifth Circuit panel denies stay to Mississippi death row inmate who is scheduled to be executed by lethal injection next Tuesday and who seeks to challenge that State's protocol for lethal injection: You can access today's ruling at this link. Posted at 08:15 PM by Howard Bashman And since they resided in Alabama, the wife couldn't lawfully purchase a sex toy to ameliorate her sexless marriage: The Associated Press reports that "Ala. Appeals Court Ends Sexless Marriage." According to the article, now that they are no longer married, the former husband and wife are planning to have lots of sex. In any event, it's on occasions like these that one is glad Alabama state appellate court rulings are not readily and freely available over the internet. In earlier, unrelated coverage, on February 22, 2006, I had a post titled "When will this Bad Marriage end?" Update: The blog "Alabama Appellate Watch" has posted the opinion at this link. "Craig to Make Constitutional Argument": The AP provides a report that begins, "Idaho Sen. Larry Craig will argue before an appeals court that Minnesota's disorderly conduct law is unconstitutional as it applies to his conviction in a bathroom sex sting, according to a new court filing. This is the first time Craig's attorneys have raised that issue. However, an earlier friend-of-the-court filing by the American Civil Liberties Union argued that Craig's foot-tapping and hand gesture under a stall divider at the Minneapolis airport are protected by the First Amendment." Posted at 05:00 PM by Howard Bashman "Ex-Gov. Ryan Ordered to Prison by Nov. 7": The Associated Press provides this report. And The Chicago Tribune provides a news update headlined "Ryan lawyers to seek bond this afternoon." "Court Allows Anti-Harass Training Suit": The Associated Press provides a report that begins, "A high school student can pursue nominal damages from an eastern Kentucky school district over its required anti-harassment training, an appeals court ruled Friday." My earlier coverage of today's Sixth Circuit ruling appears at this link. Seventh Circuit dismisses for lack of standing Indiana Right to Life's federal constitutional challenge to Indiana's Code of Judicial Conduct, which prohibits candidates for judicial office from pledging or promising how they will rule on cases or issues likely to come before the court: Circuit Judge Terence T. Evans issued this interesting ruling today on behalf of a unanimous three-judge panel. Posted at 12:15 PM by Howard Bashman Sixth Circuit reinstates student's claim alleging that his high school's now-abandoned policy against making stigmatizing or insulting comments about the sexual orientation of other students unlawfully chilled his ability to express his religiously influenced beliefs about homosexuality: You can access today's ruling from a divided three-judge Sixth Circuit panel at this link. Circuit Judge Deborah L. Cook dissents, explaining that "The majority burdens a federal district judge with a full-blown trial to determine whether to award the plaintiff a single dollar if a policy no longer in effect was unconstitutional despite never being enforced against the plaintiff." BREAKING NEWS -- "Supreme Court frees Genarlow Wilson": The Atlanta Journal-Constitution provides a news update that begins, "The Georgia Supreme Court on Friday ordered the release of Genarlow Wilson, the Douglas County teenager who has been serving a controversial 10-year sentence for consensual oral sex. The court's 4-3 decision upholds a Monroe County judge's ruling that the sentence constituted cruel and unusual punishment under both the Georgia and U.S. constitutions. The majority opinion said the sentence appeared to be 'grossly disproportionate' to the teenager's crime and noted that it was out of step with current law." And The Associated Press provides a report headlined "Ga Court: Release Man Jailed in Sex Case." You can access today's ruling of the Supreme Court of Georgia at this link. The court also issued this news release summarizing the decision. "CIA Paranoia and the Lady from Vermont: 9/11 hysteria, even surrounding 60-year-old documents about American spies." The Village Voice contains an article that begins, "On October 9, Charlotte Dennett, a prim Vermont woman uneasily holding her handbag, stood up in federal court in Manhattan to try yet again to pry the 60-year-old secrets about her father's death from the U.S. government." Update: A bit later this morning, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a non-precedential ruling dismissing Dennett's appeal for having been filed too late. "Court won't rehear ex-Gov. Ryan's appeal; The Illinois Republican is to begin a prison sentence for fraud and corruption; He'll ask the Supreme Court to hear the case": This article appears today in The Los Angeles Times. The Chicago Tribune reports today that "Ryan down to last hope; Ex-governor looks to high court to overturn corruption verdict." And The Chicago Sun-Times contains an article headlined "From his house to...the big house? He was sentenced to prison more than 400 days ago. Now ex-Gov. George Ryan could finally report in about two weeks; But even after his appeal was denied Thursday, he might be able to avoid jail again -- for a while." My earlier coverage of yesterday's Seventh Circuit order denying rehearing en banc can be accessed here. "Panel to See Papers on Agency's Eavesdropping": Today's edition of The New York Times contains an article that begins, "The White House on Thursday offered to share secret documents on the National Security Agency's domestic surveillance program with the Senate Judiciary Committee, a step toward possible compromise on eavesdropping legislation." Posted at 09:00 AM by Howard Bashman "Panel to probe Nichols' judge; House speaker forms committee; Delays, soaring expenses anger Richardson": The Atlanta Journal-Constitution today contains an article that begins, "Angered by trial delays and spiraling costs, Georgia House Speaker Glenn Richardson (R-Hiram) set up a special committee Thursday to investigate whether the judge in the Brian Nichols murder case has abused his office and should be impeached." And The Los Angeles Times reports today that "Costly trial puts heat on Georgia judge; The escalating price tag of Brian Nichols' public defense is causing lawmakers to look at how the capital case is being handled." A kinder, gentler method of imposing the death sentence: The Birmingham News reports today that "State's new execution procedure detailed; New method aims to ensure inmate is unconscious." The Associated Press reports that "Cancer may claim serial killer before execution in Alabama." And The Huntsville Times today contains an editorial entitled "Facing legal realities." "Detectives testify about 'to-do' list, suspect identification": The Reno Gazette-Journal today contains an article that begins, "Family Court Judge Chuck Weller was laying in a trauma room with an oxygen mask on his face and blood on his chest when a Reno police detective leaned down and asked if he knew who might have shot him, the officer testified Thursday." Posted at 08:40 AM by Howard Bashman "Judge Sees No Reason For New Skakel Trial": Lynne Tuohy has this article today in The Hartford Courant. The Stamford Advocate today contains an article headlined "No new trial for Skakel." And The New York Times reports that "Skakel Loses in Effort to Gain a New Trial." "Funeral protest case opens; Member of anti-gay church denies father of soldier could see rally": The Baltimore Sun on Wednesday contained an article that begins, "A member of a Kansas-based anti-gay church told a federal jury yesterday that America's acceptance of homosexuality spurred her and fellow parishioners to picket a Westminster Marine's funeral, one of the demonstrations by the group that have become so frequent that 22 states have enacted or proposed laws limiting the rights of protesters at memorial services." And The New York Times reports today that "Marine�s Father Sues Church for Cheering Son's Death." "Princeton Faces Trial Over Use of Gift Now Worth $880 Million": The New York Times today contains an article that begins, "In a legal battle watched nervously by universities around the country, a New Jersey judge yesterday sent to trial a dispute between Princeton University and the heirs of a supermarket fortune and left open the possibility that Princeton could lose a donation that is now worth $880 million. In a set of rulings, the judge, Neil H. Shuster of Superior Court, established the ground rules for one of the largest lawsuits ever filed exploring how closely colleges must adhere to the original intent of donors." The Newark Star-Ledger reports today that "Trial nears on family's Princeton donation; Suit alarms nonprofits." And The New York Sun reports that "Battle Over Use of Donor Gift Could Cost Princeton $1.5 Billion." "Trials & Tribulations: A quick glimpse at court decision." The Times Herald-Record of Middletown, New York today contains an article that begins, "A local lawyer and blogger Steve Bergstein played a major role in revealing information that someone wanted to keep secret, although they can't say why." Posted at 07:50 AM by Howard Bashman "The U.S. Court of Appeals for the Ninth Circuit's En Banc Rehearing in the Navajo Nation Case: Striking the Difficult Balance Between Religious Liberty and Law." Vikram David Amar has this essay today at FindLaw. Posted at 07:44 AM by Howard Bashman Thursday, October 25, 2007 "Sullivan Settles With Former Associate Who Sued Firm for Discrimination": law.com provides a report that begins, "Sullivan & Cromwell said Thursday it had reached a settlement with former associate Aaron Charney, who sued the New York law firm earlier this year for sexual orientation discrimination." Posted at 10:58 PM by Howard Bashman "Embattled judge moved to Houston": The Galveston County Daily News provides an update that begins, "U.S. District Judge Samuel B. Kent, reprimanded last month by a judicial panel after a court employee accused him of sexual harassment, has been transferred from Galveston to Houston." And Harvey Rice of The Houston Chronicle has a news update headlined "Order leaves Galveston without federal judge." "Insanity defense begins; Mack attorney says divorce, stress, drug abuse sparked slaying": The Las Vegas Review-Journal today contains an article that begins, "Wealthy Reno pawnshop owner Darren Mack abused illegal drugs to intensify his sexual encounters, but the drugs eventually made Mack so delusional that he shot the judge presiding over his divorce -- after first killing his estranged wife in self-defense, defense attorneys said Wednesday." And The Reno Gazette-Journal today contains articles headlined "Opening words paint contrasting motives" and "The Jury: Who made the cut?" The newspaper also provides an update headlined "Mack trial testimony focuses on judge." "Judges impose secrecy on remake of ethics rules": Marisa Taylor of McClatchy Newspapers has an article that begins, "As the federal judiciary embarks on a historic revision of its rules against judicial misconduct, the panel of judges that's overseeing the drafting of new regulations refuses to disclose the public comments that could help shape the overhaul. After requesting public comments about the proposed rules, the Committee on Judicial Conduct and Disability refuses to say how many responses it received, who commented or what was said." Posted at 06:14 PM by Howard Bashman "We decide principally whether a 19th-Century shotgun hanging on a defendant's living room wall qualifies as an 'antique firearm' not subject to the general registration requirement of the National Firearms Act": So begins the opinion that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today. Based on the rule of lenity, the majority's decision in favor of the defendant-appellant on that issue in this federal criminal case saves him a whopping $100 but leaves his criminal sentence otherwise unchanged. Eleventh Circuit grants rehearing en banc in Alabama death row inmate's lethal injection challenge: Today's order granting rehearing en banc vacates the three-judge panel's stay of execution entered yesterday but then in the very next sentence grants a new stay of execution on behalf of the en banc court. (Take that, three-judge panel!) Fortunately for the inmate, the State of Alabama did not execute the inmate after reading that the three-judge panel's stay had been vacated but before reading that the stay had been reimposed by the en banc court. Earlier today, I collected at this link news coverage of yesterday's three-judge panel ruling. "Ryan loses appeal": The Chicago Tribune provides a news update that begins, "Former Gov. George Ryan may soon be reporting to federal prison after an appellate court refused today to reconsider an August ruling that affirmed his sweeping convictions for public corruption and fraud." And The Chicago Sun-Times provides a news update headlined "Ex-Gov. Ryan loses appeal." "Court Denies Ex-Gov. Ryan a New Hearing": The Associated Press provides a report that begins, "A federal appeals court refused Thursday to grant former Gov. George Ryan a fresh hearing on his racketeering and fraud conviction." You can access today's order of the U.S. Court of Appeals for the Seventh Circuit denying rehearing en banc at this link. The joint opinion dissenting from the denial of rehearing en banc, in which three judges joined, concludes: "The role of the courts of appeals in protecting jurors and litigants from excessively protracted criminal trials that strain the capacities of jurors, and by doing so undermine procedural justice, merits plenary consideration by this court." "Judges hear arguments in DPS security tape case; DPS lawyer says release of tapes would set bad precedent, compromise security": The Austin American-Statesman today contains an article that begins, "An attorney for the Department of Public Safety told a Court of Appeals panel Wednesday that publicly releasing security camera tapes from public buildings was little different from giving someone the access codes to a building's security center. DPS has for more than two years been arguing to keep certain security tapes secret, after a public information request by the Texas Observer, a small nonprofit investigative newspaper. The case made its way to the 3rd Court of Appeals after the Texas attorney general's office and a state district judge ruled that the public's right to the tapes in this case outweighed security concerns." And The Houston Chronicle reports today that "Court hears appeal on Capitol surveillance video." "300 lawyers seek change in court policy on death row appeals; Petition asks appeals judges to avoid another 'unnecessary execution'": Chuck Lindell has this article today in The Austin American-Statesman. And The Houston Chronicle reports today that "Texas lawyers call for e-filed execution appeals." You can view the petition at this link. "Following Moratorium Trend, Court Halts Alabama Execution": This article appears today in The New York Times. And The Birmingham News reports today that "Dying killer gets stay of execution." You can access at this link yesterday's decision of the U.S. Court of Appeals for the Eleventh Circuit. "Justice Ginsburg and Legislative Independence": Orin Kerr has this post today at "The Volokh Conspiracy." Posted at 08:44 AM by Howard Bashman "Southwick approved for 5th Circuit seat; Democrat Feinstein saluted for breaking partisan deadlock": The Sun Herald of Biloxi, Mississippi contains this article today. The New York Times reports today that "Senate Backs Disputed Judicial Nomination." The Wall Street Journal contains an editorial entitled "One Judge Makes It." And The Clarion Ledger contains an editorial entitled "Southwick: Judge judged by region's history." "Mukasey's take on torture: His evasive testimony hinders what was supposed to be a breezy confirmation process." This editorial appears today in The Los Angeles Times. Posted at 08:34 AM by Howard Bashman "The $114.69 Speech Police": Today in The Washington Post, columnist George F. Will has an op-ed that begins, "The speech policeman's lot is not a happy one, as the University of Montana at Missoula is learning. Herewith a tale about the mess that institution has made by regulating political speech." My earlier coverage of the Ninth Circuit ruling that is the subject of Will's op-ed can be accessed here. "Second Court Ruling Redacts Information About Interrogation": This article appears today in The Washington Post. And ABA Journal has a post titled "Appeals Clerk Explains Why Details of Alleged FBI Coercion Withdrawn from Opinion." "Texas Judge Draws Outcry for Allowing an Execution": The New York Times today contains an article that begins, "The presiding judge of the Texas Court of Criminal Appeals is the target of a rising national outcry a month after turning away the last appeal of a death row inmate because the rushed filing was delayed past the court's 5 p.m. closing time." Posted at 08:08 AM by Howard Bashman "Laurence Fishburne as Thurgood Marshall": The New York Times today contains a newsbrief that begins, "Laurence Fishburne is going to Broadway next spring in a production of 'Thurgood,' the one-man play by George Stevens Jr. about the former Supreme Court Justice Thurgood Marshall." Posted at 08:07 AM by Howard Bashman "Fight over TV indecency is on high court's doorstep; Case tests FCC's attempt to limit expletives": Joan Biskupic has this front page article today in USA Today. Posted at 07:45 AM by Howard Bashman Wednesday, October 24, 2007 "Lawyers to begin arguing today": The Reno Gazette-Journal today contains an article that begins, "Opening statements will begin today in the trial of Darren Mack, who is accused of fatally stabbing his estranged wife and shooting a Reno judge about 16 months ago." The newspaper also contains an update headlined "Mack: My wife pointed gun at me, I killed her." "Mukasey's confirmation: a vote about torture; The attorney general nominee's evasive remarks on 'water-boarding' should disqualify him from the job." Law Professor Jonathan Turley has this op-ed today in The Los Angeles Times. Posted at 10:35 PM by Howard Bashman "What the Senate Should Do": At "Balkinization," Chris Eisgruber yesterday had a post that begins, "This post is the last of three marking the 20th anniversary of the Senate vote rejecting Robert Bork's nomination to the Supreme Court (the vote was twenty years ago today: October 23, 1987)." Posted at 08:17 PM by Howard Bashman "Justices to consider gun case Nov. 9": Lyle Denniston has this post at "SCOTUSblog." And at "PrawfsBlawg," Michael O'Shea has a lengthy but interesting post titled "What Happened in Heller, Chapter I: The Certiorari Briefing." "Advocacy Matters Before and Within the Supreme Court: Transforming the Court By Transforming the Bar." On Monday, Tony Mauro had this article reporting on a new study by Law Professor Richard Lazarus. Lazarus has posted his paper to SSRN, and you can access it via this link (abstract with link for download). "Court attempts to hide FBI threats to innocent man's family": Josh Wolf has this post today at his "Media Sphere" blog hosted by c|net. Andrew Sullivan at "The Daily Dish" has a post titled "Bush's America: The Higazy Case." The blog "Corrente" has a post titled "Court Decision Redacted to Obscure FBI Role In Coerced False Confession Is a Non-Story? What's With That?" "The Group News Blog" has a post titled "FBI Tortures Innocent Civilians." The blog "TFS Magnum" has a post titled "Welcome to the Police State." Kevin Drum at "Political Animal' has a post titled "Higazy revisited." And "ACSBlog" provides a post titled "Bloggers Reveal Redacted Second Circuit Opinion Contained Allegations of Coercion That Occurred During an FBI Interrogation Related to 9/11." "Southwick confirmation to federal bench clears Senate": The Clarion-Ledger of Jackson, Mississippi provides this news update. Posted at 06:03 PM by Howard Bashman Eleventh Circuit overturns a Florida federal district court's dismissal of a lawsuit stemming from a 2001 collision between two aircraft in Milan, Italy that was the deadliest aviation disaster in Italian history: Circuit Judge Ed Carnes wrote today's ruling on behalf of a unanimous three-judge panel. Posted at 06:00 PM by Howard Bashman "The Interrogation of Abdallah Higazy: So far, press accounts have missed the point." Clint Hendler has this interesting article, in which I am quoted, online today at Columbia Journalism Review. Posted at 05:48 PM by Howard Bashman The "Last, Best" trademark that federal law prohibits anyone from registering: The Last Best Beef, LLC between 2001 and 2004 sought to register eight trademarks of the phrase "The Last Best Place" in connection with a variety of different products and services. A federal appropriations act signed into law on November 22, 2005 prohibits the registration, issuance, transfer, or enforcement of any trademark of the phrase "The Last Best Place." When the appropriations act became law, Best Beef's eight trademark applications were in various stages of consideration with the USPTO. As a result of the appropriations act's having become law, the USPTO suspended all proceedings and canceled two registrations that it had approved. Last Best Beef filed suit, claiming that the appropriations act violated Section 1052 of the Lanham Act, which provides that "[n]o trademark ... shall be refused registration on the principal register on account of its nature." A federal district court agreed, but today the U.S. Court of Appeals for the Fourth Circuit issued a decision holding that the USPTO acted properly in suspending proceedings and canceling registration pursuant to the appropriations act. The Missoulian previously covered this controversy in articles you can access here and here. And in October 2006, "The TTABlog" had this post reporting on the federal district court's ruling that the Fourth Circuit reversed today. We are joining this program already in progress: Attorneys Tom Goldstein and Maureen Mahoney are discussing business cases pending before the U.S. Supreme Court, at an event hosted by the Institute for Legal Reform. You can view the discussion live by clicking here (RealPlayer required). I'll link to archived video of the event later, when it becomes available. Posted at 04:22 PM by Howard Bashman "Court Urged to Enter Spurned Spouse Case": The Associated Press provides this report. Posted at 04:20 PM by Howard Bashman "Southwick Wins Confirmation": The Associated Press provides a report that begins, "The Senate on Wednesday confirmed Judge Leslie Southwick to the federal appeals court in Mississippi despite complaints by some Democrats that decisions he supported were racially insensitive and inappropriate for a region still shadowed by civil rights struggles. The 59-38 vote on confirmation was sealed after the nomination survived its main obstacle, a test tally moments earlier. Majority Democrats pressured by labor unions and other constituencies did not have the votes to filibuster, or block, Southwick's confirmation." The U.S. Senate's official vote tally on cloture, achieved by a margin of 62-35, can be accessed here. The vote tally on confirmation is not available yet but should be posted to this link. "Court Ruling Removes Hurdle to a VW Takeover": This article appears today in The New York Times. My earlier coverage of yesterday's European Court of Justice ruling appears at this link. "Appeals court rules child-porn law invalid": The Associated Press provides a report that begins, "A federal appeals court on Tuesday backed a Cleveland sex magazine publisher's claim that a law intended to fight child pornography is unconstitutional because it restricts protected speech by setting reporting requirements that are overbroad." My earlier coverage of yesterday's Sixth Circuit ruling appears at this link. "Anti-Terrorism on Trial: Why the Government Loses Funding Cases." Law Professor David Cole has this op-ed today in The Washington Post. Posted at 11:02 AM by Howard Bashman "Ex-Attorney General Says Politics Drove Federal Prosecution; House Panel Evaluating Justice Dept." The Washington Post today contains an article that begins, "Richard L. Thornburgh, who served as attorney general under Presidents Ronald Reagan and George H.W. Bush, accused the Justice Department yesterday of prosecuting a prominent Pennsylvania Democrat for political reasons, one of a series of cases singled out by House Democrats as examples of alleged GOP meddling at the Justice Department." The Los Angeles Times reports today that "Ex-attorney general says Democrats were targets; Richard Thornburgh accuses the U.S. attorney in Pittsburgh of ignoring evidence of misconduct by Republican officials." The Pittsburgh Post-Gazette reports that "Wecht arguments go to Washington; The question of whether the prosecution of former Coroner Cyril H. Wecht is politically motivated reverberates around Capitol Hill." And Jason Cato of The Pittsburgh Tribune-Review reports that "'Trivial' Wecht charges baffling, Thornburgh says." "Death Penalty Be Not Proud, Courts Reckon": The New York Sun today contains an article that begins, "By vacating the death sentence of New York's last death row inmate, the Court of Appeals yesterday sent Albany a clear message: The resurrection of capital punishment in this state won't be achieved by judicial intervention but only by the will of the Legislature." The New York Times reports today that "State's Highest Court Tosses Out Death Sentence in Killings at a Queens Wendy's." And The Times Union of Albany, New York reports that "Death penalty law dead; Queens killer avoids execution as high court affirms 2004 decision halting capital punishment in state." "Limited gun ruling urged": Lyle Denniston has this post at "SCOTUSblog." Posted at 10:28 AM by Howard Bashman "Roberts Skirts Hot Topics at BYU Speech": The Associated Press has a report that begins, "Students and community members lined up by the dozens at Brigham Young University to ask the U.S. Supreme Court's chief justice about subjects including race, Roe v. Wade, Guantanamo Bay prisoners, and gay marriage." The Salt Lake Tribune today reports that "Chief justice speaks at BYU." And The Deseret Morning News reports today "Tech cases critical, Roberts says at Y." "Tilting the Scales of Justice": The New York Times today contains an editorial that begins, "Every time we take a look at the United States attorney scandal, more evidence emerges that Alberto Gonzales politicized the Justice Department to the point where it sometimes seems like a branch of the Republican National Committee." Posted at 09:54 AM by Howard Bashman Programming note: A forthcoming issue of ABA Journal magazine will contain a feature article about law bloggers. The magazine has hired photographers to go out and take pictures of some of the handful of law bloggers on whom the article will focus. This morning, my photo is being taken by photographer Chris Chrisman. You can view examples of his quite impressive work via this link. "The Surveillance Law That Matters: The president is bound by the Constitution, not the whims of Congress." Robert F. Turner has this op-ed today in The Wall Street Journal. Posted at 07:54 AM by Howard Bashman The Associated Press is reporting: An article headlined "Texas Judge Known for Toughness on Crime" begins, "The path to the nation's busiest death chamber winds through a court of last resort where the presiding judge recently refused to keep her office open past 5 p.m. to accept a last-minute appeal from an inmate about to be executed." And in news from Rhode Island, "Prisoner Fights for Religious Expression." "Deal Struck on Southwick Vote": Roll Call today contains an article (subscription required) that begins, "A hands-off posture by Senate Majority Leader Harry Reid (D-Nev.) and promises from key Republicans to help smooth the way for deals on outstanding appropriations bills appear to be the right recipe for the Senate confirmation this week of controversial appellate court nominee Leslie Southwick." The Clarion-Ledger of Jackson, Mississippi reports today that "Senate debate on Southwick may end today." The Sun Herald of Biloxi, Mississippi contains an article headlined "Circuit judge vote today" that begins, "The Senate is scheduled to vote at 10 a.m. today on the nomination of former Mississippi Court of Appeals Judge Leslie Southwick to the U.S. Court of Appeals for the Fifth Circuit." And The Associated Press reports that "GOP Senators to Push Judicial Nominee." Tuesday, October 23, 2007 "Republicans target red-state Dems on Judge Southwick": Wednesday's issue of The Hill will contain an article that begins, "Senate Republicans and their conservative allies on Tuesday were targeting red-state Democrats in a last-ditch bid to win a confirmation battle over the most contentious judicial nominee of the 110th Congress, Leslie Southwick." Posted at 11:54 PM by Howard Bashman "Financing Mistrial Adds to U.S. Missteps in Terror Prosecutions": Adam Liptak and Leslie Eaton will have this news analysis Wednesday in The New York Times. Posted at 11:47 PM by Howard Bashman "Microsoft Is Yielding in European Antitrust Fight": This article appears today in The New York Times. The Washington Post reports today that "Microsoft Yields to European Regulators; Software Giant Ends Years-Long Antitrust Fight." Jim Puzzanghera of The Los Angeles Times reports that "Microsoft ends 9-year battle with European regulators; The software giant, running out of legal options, agrees to make highly guarded code available at low prices." And The Seattle Post-Intelligencer reports that "Microsoft drops EU battle; Company agrees to concessions, won't pursue antitrust appeal." "Prosecutors: Qwest had a pact; Assertion shoots hole in Nacchio's secret info stance." The Rocky Mountain News contains this article today. And The Washington Post reports today that "Papers Contradict Nacchio's Defense; Qwest Was Considered for NSA Contract." In related coverage, Denver's NBC news affiliate 9NEWS reported yesterday that "2nd investigation of federal judge launched after disabled parking violation." And The Associated Press reports that "Judge Nottingham accused of parking in handicapped spot." You can access online both the judicial misconduct complaint and the judge's response thereto. Judge who filed suit against dry cleaner for losing his pants will soon be losing his judgeship: The Washington Post reports today that "Judge Set to Lose Job, Sources Say; Panel Reportedly Votes Against Reappointment." Posted at 11:05 PM by Howard Bashman "Senators Say White House Cut Deal With Panel on FISA; Documents Said to Be Traded for Telecom Immunity": This article appears today in The Washington Post. In addition, the newspaper contains an editorial entitled "The Price of Admission: The White House will share details on telecommunications firms' immunity, but only with those who agree with it." "Top Court in Georgia Again Delays an Execution": The New York Times contains this article today. And The Atlanta Journal-Constitution reports today that "No execution today, state high court rules." "A Dead Spy, a Daughter�s Questions and the C.I.A." This article about a case now pending before the U.S. Court of Appeals for the Second Circuit appears today in The New York Times. Posted at 10:54 PM by Howard Bashman "Immigrant fights to keep $59,000 U.S. confiscated": Yesterday's edition of The South Florida Sun-Sentinel contained this article reporting on a case now pending on appeal before the U.S. Court of Appeals for the Eleventh Circuit. And Reuters reports that "Guatemalan migrant fights U.S. for his wages." "Companies Seeking Immunity Donate to Senator": The New York Times today contains an article that begins, "Executives at the two biggest phone companies contributed more than $42,000 in political donations to Senator John D. Rockefeller IV this year while seeking his support for legal immunity for businesses participating in National Security Agency eavesdropping." Posted at 10:20 PM by Howard Bashman "Death Penalty Is Thrown Out in Wendy's Killings": The New York Times provides a news update that begins, "Closing a chapter on one of the bloodiest crimes in recent New York City history, the state's highest court today tossed out the death sentence imposed on a man for his role in the murders of five workers at a Wendy's restaurant in Queens seven years ago. The man, John B. Taylor, was the last remaining inmate on New York State's death row. The divided decision by the Court of Appeals not only ordered the trial court to resentence Mr. Taylor -- almost certainly to life in prison without parole -- but it also reaffirmed a landmark decision in 2004 that effectively invalidated the state's death penalty law." My earlier coverage of today's New York State Court of Appeals ruling appears at this link. Latest crop of Higazy-related posts: The blog "Wash Park Prophet" has a post titled "FBI Coverup Thwarted." The blog "Donkey Punch" has a post titled "Your Tax Dollars at Work." Matthew Yglesias offers these thoughts. The blog "Educated Guesswork" has a lengthy post titled "Information wants to make you look foolish" in which the post's author concludes, "I'm not a lawyer, but I must admit to being a little puzzled as to why this is an appropriate matter to seal. If Templeton hadn't worked for the FBI and threatened a confession out of someone would that be sealable? If not, doesn't the public have a pretty significant interest in knowing what their law enforcement officials do? Whatever the reason, once you've made the mistake of posting this to a web site somewhere, trying to take it back just makes you look stupid." And the blog "Petunias" has a post titled "Higazy and Coerced Confessions." "An ancient wrong and the Constitution": Lyle Denniston has this interesting post this evening at "SCOTUSblog" about a case involving the tort of alienation of affection. Posted at 08:34 PM by Howard Bashman "NY Court: Police Can Pose As Children." The Associated Press provides a report that begins, "Law enforcement officers investigating sexual predators can pose as children to catch their prey, a federal appeals court ruled Monday, saying the First Amendment provides no refuge for such criminals." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "We have consolidated for decision four intertwined cases that present nine questions under the Fair Debt Collection Practices Act, several of which have engendered considerable controversy at the circuit level and even some circuit splits." So begins an opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Several of the questions ask whether the Act should be applied in the same manner where the consumer is represented by, and being contacted through, a lawyer as where the consumer is being contacted directly by the debt collector. "Highest court upholds change to death penalty law": The Times Union of Albany, New York provides a news update that begins, "The state's highest court today upheld a 2004 ruling that effectively overturned New York's death penalty law." You can access today's 4-3 ruling of the Court of Appeals of New York at this link. Majority on partially divided three-judge Sixth Circuit panel strikes down as facially unconstitutional the recordkeeping requirements federal criminal law places on producers of images of "actual sexually explicit conduct" to verify the ages of those depicted in the images: Describing the federal statute at issue, the majority opinion explains, "The plain text, the purpose, and the legislative history of the statute make clear that Congress was concerned with all child pornography and considered recordkeeping important in battling all of it, without respect to the creator's motivation." The majority proceeds to hold the statute facially overbroad and then strikes down the law as unconstitutional. You can access today's ruling at this link. Even the dissenting judge agrees that the statute is overbroad, but he believes that judicial narrowing of the statute can save it from being unconstitutional. This decision is a significant First Amendment ruling that directly implicates the controversial subjects of legal adult pornography and illegal child pornography. I expect that the ruling will receive plenty of attention. "Vote Expected This Week on Judge Southwick Nomination to Circuit Court": FOXNews.com provides this report. And Politico.com reports that "Vote to indicate heft of Southwick baggage." "Lawbreaker in Chief": Today in The New York Times, Law Professor Jed Rubenfeld has an op-ed that begins, "At his confirmation hearings last week, Michael B. Mukasey, President Bush's nominee for attorney general, was asked whether the president is required to obey federal statutes." Posted at 08:48 AM by Howard Bashman "European Court Strikes Down 'Volkswagen Law'": The New York Times provides a news update that begins, "The European Court of Justice in Luxembourg today struck down a 47-year-old German law that was the only roadblock standing between Porsche and its long-sought goal of taking over Volkswagen." The Wall Street Journal provides a news update headlined "EU Court Overturns Law That Shields Volkswagen." BBC News provides reports headlined "'Volkswagen law' is ruled illegal; The European Union's highest court has said a German law protecting carmaker Volkswagen from takeovers is illegal" and "Porsche expected to take control of VW." The Telegraph (UK) provides a news update headlined "EU ruling may trigger Porsche bid for Volkswagen." Reuters reports that "EU's top court strikes down VW law." And The Associated Press reports that "EU Court Strikes Down VW Law." You can access today's ruling of the European Court of Justice at this link. That court today also issued a press release summarizing the ruling. "The War for the Constitution : The anniversary of Robert Bork's failed nomination reminds us what's at stake in the coming election." Gary L. McDowell has this op-ed today in The Wall Street Journal. Posted at 08:25 AM by Howard Bashman "Due Process for Exxon": Today in The Wall Street Journal, Theodore J. Boutrous, Jr. has an op-ed that begins, "It has been nearly two decades since the Exxon Valdez ran aground in Alaska, spilling 258,000 barrels of crude oil. The company long ago paid dearly for the catastrophic accident: some $3.4 billion in clean-up costs, natural resource damages, claims payments, fines and penalties. Now the Ninth Circuit Court of Appeals has ordered Exxon Mobil Corp. to pay $2.5 billion in punitive damages, the largest such award affirmed by a federal court in history." Posted at 08:24 AM by Howard Bashman "A Former Florida Professor, Al-Arian, Again Rebuffed Over Contempt Citation": Today in The New York Sun, Josh Gerstein has an article that begins, "A federal judge has rebuffed another bid by a former Florida college professor, Sami Al-Arian, to end a contempt of court citation stemming from his refusal to testify before a grand jury investigating Islamic charities in Virginia, one of Al-Arian's daughters said yesterday." Posted at 08:15 AM by Howard Bashman Available online from law.com: Jonathan Ringel reports that "Ginsburg Notes Israeli Judges' Ban on Torture." In other news, "Rough Seas Forecasted for Mukasey: Can attorney general nominee pilot the Justice Department through turbulent waters?" And this week's installment of Tom Goldstein's "Conference Call" column is headlined "Exxon Appeals Award to High Court; Justices consider challenge of a $2.5 billion decision." "The Second Circuit's Stunning Reversal, in Two Suits Involving the Alien Tort Claims Act": Anthony J. Sebok has this essay, part one of a two-part series, today at FindLaw. Posted at 08:03 AM by Howard Bashman Monday, October 22, 2007 "No Convictions in Trial Against Muslim Charity": The New York Times provides a news update from Dallas that begins, "A deadlocked federal jury here did not convict any leaders of a Muslim charity who were charged with supporting Middle Eastern terrorists, and the judge today declared a mistrial in what has been widely viewed as the government's flagship terror-financing case." And The Washington Post provides a news update headlined "Mistrial Declared in Muslim Charity Case; Holy Land Foundation Official Acquitted on Other Counts." "Microsoft drops appeal of European antitrust case; The software giant, which faces a $1 billion fine, will make some of its Windows operating system code available so developers can better design products for it": Jim Puzzanghera of The Los Angeles Times provides this news update. The New York Times provides a news update headlined "Microsoft Concedes in European Antitrust Case." And The Washington Post provides a news update headlined "Microsoft Yields to EU Antitrust Ruling." "Canada Revises Indefinite Terror Jailing": The Associated Press provides a report that begins, "Canada's government moved Monday to address a court ruling against one of its most contentious anti-terrorism measures, a law allowing authorities to detain foreign terrorism suspects indefinitely without disclosing evidence against them." Posted at 08:14 PM by Howard Bashman Available online at Slate: Phillip Carter and Dahlia Lithwick have a jurisprudence essay entitled "All Wet: Why can't we renounce waterboarding once and for all?" And Frank Bowman has a jurisprudence essay entitled "From Toady to True Believer: How confirming Michael Mukasey will further cripple Congress." "FBI Coerced Confession Deemed 'Classified'": This post appears today at Slashdot. At his "Political Animal" blog, Kevin Drum has a post titled "Redactions." Patterico is already up to his fourth update on a post titled "Was a Passage Omitted from a Recent Second Circuit Opinion for 'Security' Reasons -- Or to Cover Up Material Embarrassing to the FBI?" The blog "Appellate Law & Practice" has a post titled "Why not more about the Second Circuit's censorship?" And additional coverage can be accessed in the following linked posts at the blogs "Unqualified Offerings"; "Free Constitution"; "anotherpanacea"; and "A Second Hand Conjecture." If you ever wish to conclude your service as jurors in this criminal case, you the jury will return a unanimous verdict: An impermissibly coercive jury instruction constituted plain error and thus caused a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit to vacate a criminal conviction in a decision issued today. Posted at 05:40 PM by Howard Bashman "Senate vote on Southwick nomination near; Dems may block judge's confirmation": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "Senate Majority Leader Harry Reid said Friday he would schedule a vote this week on the nomination of Mississippi Judge Leslie Southwick. Reid's press secretary, Jim Manley, said the long-awaited vote could come as early as Tuesday." Posted at 02:20 PM by Howard Bashman  
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