How Appealing

Thursday, April 03, 2008

The Supreme Court of California unanimously adopts the "sophisticated user" defense to negate a manufacturer's duty to warn of a product's potential danger when the plaintiff has (or should have) advance knowledge of the product's inherent hazards: You can access at this link today's ruling from California's highest court.
Posted at 02:52 PM by Howard Bashman

"Jurors in Wecht case tell judge they're deadlocked": The Pittsburgh Post-Gazette provides a news update that begins, "The jury in the Dr. Cyril H. Wecht trial told U.S. District Judge Arthur J. Schwab they were deadlocked, but the judge told them to keep deliberating anyway. The jury sent a note at 1:40 p.m. to Judge Schwab that read, in part, 'We agree that additional deliberations would not be helpful.' The judge then polled jurors individually, and all agreed they would be unable to reach a unanimous verdict on any of the 41 charges the former county coroner faces."

And Jason Cato of The Pittsburgh Tribune-Review provides a news update headlined "Wecht jurors say they are deadlocked."
Posted at 02:42 PM by Howard Bashman

"Justices Kennedy & Thomas on the SCOTUS 2009 Budget": You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" by clicking here (RealPlayer required).
Posted at 02:38 PM by Howard Bashman

"Judge in DUI case buoyed by support; Letter-writing effort shows perspective shift": This article appears today in The Boston Globe.
Posted at 02:32 PM by Howard Bashman

"Suit on Light Cigarettes Is Thrown Out": The New York Times provides a news update that begins, "The tobacco industry scored a legal victory on Thursday when a federal appeals court threw out an $800 billion class-action lawsuit on behalf of smokers of light cigarettes who said they were misled to believe the cigarettes were safer than regular ones."

Reuters reports that "Appeals court tosses $800 billion tobacco suit."

Dow Jones Newswires report that "Appeals Court Rejects Class Action In 'Light' Cigarettes Marketing Case."

And The Associated Press reports that "Court Overturns Tobacco Suit Ruling."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 02:27 PM by Howard Bashman

Eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issues its ruling in Fair Housing Council v. Roommates.com: You can access today's 8-3 ruling at this link.

Chief Judge Alex Kozinski, who had written the majority opinion on behalf of a divided three-judge panel in this case, wrote today's en banc majority opinion. Circuit Judge M. Margaret McKeown wrote a spirited dissent from today's ruling, and Circuit Judges Pamela Ann Rymer and Carlos T. Bea joined in the dissent.

My extensive earlier coverage of the three-judge panel's ruling in this case can be accessed via posts that appear here and here. And the May 21, 2007 installment of my "On Appeal" column for law.com was headlined "When Should a Commercial Web Site Be Held Liable for User-Generated Content?"
Posted at 01:32 PM by Howard Bashman

U.S. Court of Appeals for the Second Circuit reverses U.S. District Judge Jack B. Weinstein's class action certification of an action brought by cigarette smokers allegedly deceived into believing that "light" cigarettes were healthier than "full-flavored" cigarettes: You can access today's ruling, by a unanimous three-judge panel, at this link.

Today's Second Circuit decision overturns a 540-page ruling issued on September 25, 2006. My earlier coverage of that ruling appeared here and here.

Update: Joseph Goldstein of The New York Sun reports that "$800 Billion Tobacco Lawsuit Is Thrown Out."
Posted at 11:18 AM by Howard Bashman

"Prosecutor says cyclist hampered BALCO case": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "Authorities were unable to close the deal and indict a chemist who played a key role in the BALCO steroids scandal, because a former cycling champion lied about the drugs she obtained from him, a federal prosecutor declared Wednesday. But a lawyer for perjury defendant Tammy Thomas, a former high-profile bicycle racer, retorted that his client's only offense was to refuse to 'confess her sins' to government investigators whom the attorney characterized as being bent on driving steroids from elite sports rather than prosecuting real crime."
Posted at 09:55 AM by Howard Bashman

"Behind the Scenes of Secret Surveillance and Its Public Unmasking": Today in The New York Times, Law Professor Jeffrey Rosen has this review of Eric Lichtblau's new book, "Bush's Law: The Remaking of American Justice."
Posted at 09:44 AM by Howard Bashman

"Legal Bondage: Why we like restrictions on sex." Online at The New Republic, Law Professor Jeffrey Rosen has an essay that begins, "The day of Eliot Spitzer's ignominious resignation, I reread one of the most splenetic dissents in the recent history of the Supreme Court: the jeremiad Antonin Scalia wrote in response to the Lawrence v. Texas ruling that legalized sodomy."
Posted at 09:40 AM by Howard Bashman

"How To Write An Effective Torture Memo; After Years Of Legal Wrangling, An Infamous Document Is Finally Made Public": CBS News legal analyst Andrew Cohen has this "CourtWatch" column.
Posted at 09:38 AM by Howard Bashman

"Focus on 'honest services'; Pros, cons of argument take center stage in Skilling's appeal": The Houston Chronicle contains this article today.

The Times-Picayune of New Orleans reports today that "Enron appeal is argued in N.O.; U.S. jurists weigh former CEO's case."

And Texas Lawyer reports that "Skilling's Lawyer Stresses Honest-Services Issue at 5th Circuit."
Posted at 09:35 AM by Howard Bashman

"A warrant for William Jefferson: Members of Congress should be subject to warrants, just like any other American citizen." This editorial appears today in The Los Angeles Times.
Posted at 09:32 AM by Howard Bashman

"Weiss of Milberg Weiss Enters Guilty Plea in Deal": Josh Gerstein has this article today in The New York Sun.

The Associated Press reports that "Weiss Pleads Guilty in Kickback Case."

Reuters reports that "Class action king pleads guilty to racketeering."

And Bloomberg News reports that "Mel Weiss Pleads Guilty to Paying Clients Kickbacks."
Posted at 09:30 AM by Howard Bashman

"Quilt Show Bumps Ex-Soldier's Trial": In news from Paducah, Kentucky (which I once had to visit for work, many years ago), The Associated Press provides a report that begins, "The trial of a former Fort Campbell soldier charged with raping a 14-year-old Iraqi girl and murdering her and her family has been delayed by two weeks because of a quilt show."
Posted at 09:23 AM by Howard Bashman

"Freedom eludes many crack inmates; Though new rules have reduced sentences for some, others remain behind bars because of bureaucratic delays and Justice Department opposition": The Los Angeles Times contains this article today.
Posted at 09:17 AM by Howard Bashman

"Memo Sheds New Light on Torture Issue": This article appears today in The New York Times.
Posted at 09:15 AM by Howard Bashman

"Gitmo tribunal rules limit evidence disclosures; As the Guantanamo war court edges toward full-blown trials, closures, censorship and document delays cloud transparency": Today in The Miami Herald, Carol Rosenberg has an article that begins, "A defense lawyer lets slip at the war court convening here that a battlefield commander changed an Afghanistan firefight report in a way that seemed to help a U.S. government murder case. Reporters hear the field commander's name but are forbidden to report it. In another case, a judge approves the release of a captive's interrogation video showing the blurred face of an American agent. But a federal prosecutor on loan to the Pentagon withholds it 'out of an abundance of caution.'"

The newspaper has also posted online a 12-page document entitled "Media Policy and Ground Rules for Naval Station Guantanamo Bay, Cuba." I guess this would be useful reading material for anyone hoping to be included in a possible law bloggers' tour of Guantanamo.
Posted at 09:14 AM by Howard Bashman

"Florida abortions may require ultrasound; The House passed a bill to mandate ultrasounds for all abortions while critics called it a barrier to abortion access": The Miami Herald contains this article today.

The South Florida Sun-Sentinel reports today that "Florida House votes to require ultrasound before all abortions."

The Tampa Tribune reports that "House Votes To Require 1st Trimester Ultrasound."

The St. Petersburg Times reports that "House votes to add abortion rule."

The Tallahassee Democrat reports that "Florida House debates, OKs abortion bill."

And The Ledger of Lakeland, Florida reports that "Abortion Bill Would Require Ultrasound; State House OKs plan; Senate may hear the proposal next week."
Posted at 09:08 AM by Howard Bashman

"Lawyers Fight DNA Samples Gained on Sly": This article appears today in The New York Times.
Posted at 08:50 AM by Howard Bashman

"After bitter race, calls for reform; Election's tone hurt high court's standing, some say": The Milwaukee Journal Sentinel today contains an article that begins, "The bitter race between Louis Butler and Michael Gableman for the state Supreme Court turned what was supposed to be a nonpartisan contest into a partisan battle that former justices and others said tattered the court's reputation."

Relatedly, The Wall Street Journal today contains an editorial entitled "The Wisconsin 'Tragedy': A state Supreme Court justice is ousted by referendum; Too bad more states can't hold their judges to account."

And in other news from Wisconsin, The New York Times today contains an article headlined "Wisconsin Voters Excise Editing From Governor's Veto Powers" that begins, "Wisconsin governors have long been allowed to sign off on budget bills but do some tricky erasing first. They could delete words, numbers, sentences, paragraphs or some combination of all of those, to create entirely new meanings never intended by the original authors -- a legislative twist on the game of Mad Libs." Those interested in this issue won't want to miss the "VetoMatic" web site.
Posted at 08:33 AM by Howard Bashman

"Wecht lawyer objects to ill juror's dismissal; Ex-coroner's attorney wants judge to halt deliberations in case": The Pittsburgh Post-Gazette contains this article today.

And today in The Pittsburgh Tribune-Review, Jason Cato has an article headlined "Defense moves to halt jury deliberations" in which I am quoted.
Posted at 08:22 AM by Howard Bashman

"Kelo and Us": This editorial appears today in The New York Sun.
Posted at 07:58 AM by Howard Bashman

Wednesday, April 02, 2008

"Baboon provided needed link in BALCO test": Lance Williams has this article today in The San Francisco Chronicle.

And this evening, The Associated Press reports that "Jury Gets BALCO Case."
Posted at 09:05 PM by Howard Bashman

"Yoo Talkin' to Me? Plausible deniability, and other reasons why warfare by midlevel legal memoranda is a really bad idea." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:57 PM by Howard Bashman

"Memo Justified Warrantless Surveillance": The Associated Press provides a report that begins, "For at least 16 months after the Sept. 11 terror attacks in 2001, the Bush administration believed that the Constitution's protection against unreasonable searches and seizures on U.S. soil didn't apply to its efforts to protect against terrorism. That view was expressed in a secret Justice Department legal memo dated Oct. 23, 2001. The administration on Wednesday stressed that it now disavows that view."

According to The AP's article, "The 37-page memo is classified and has not been released. Its existence was disclosed Tuesday in a footnote of a separate secret memo, dated March 14, 2003, released by the Pentagon in response to a Freedom of Information Act lawsuit by the American Civil Liberties Union."
Posted at 08:55 PM by Howard Bashman

"Justice Probes Lawyer's Dismissal Amid Gay Rumor": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:50 PM by Howard Bashman

"Wecht defense objects to excusing sick juror": The Pittsburgh Post-Gazette provides a news update that begins, "Attorneys for Dr. Cyril H. Wecht this afternoon filed an emergency motion asking a judge to vacate his order excusing a juror who fell ill yesterday afternoon."

And Jason Cato of The Pittsburgh Tribune-Review has a news update headlined "Wecht jury continues minus-1."
Posted at 08:45 PM by Howard Bashman

"Lawyer to appeals court: Clear Skilling of Enron charges." The Houston Chronicle provides this news update.
Posted at 08:42 PM by Howard Bashman

"Skilling hearing concludes with a smaller audience than expected": The Times-Picayune of New Orleans provides a news update that begins, "A hearing for former Enron chief executive Jeffrey Skilling at the 5th U.S. Circuit Court of Appeals in New Orleans this afternoon commanded less of an audience than some of the post-Hurricane Katrina insurance cases heard in New Orleans." According to the article, seats remained in the courtroom where the appeal was being argued, and thus the available overflow courtrooms did not need to be used.

And The Associated Press reports that "Court Hears Appeal of Enron's Skilling."
Posted at 05:21 PM by Howard Bashman

"Enron onlookers bring cocktail party atmosphere to court library": A little earlier this afternoon, The Times-Picayune of New Orleans posted online a news update that begins, "The normally quiet library at the 5th U.S. Circuit Court of Appeals on Camp Street is filled with noisy chatter at this hour as a crowd gathers in anticipation of hearing former Enron Corp. chief executive Jeffrey Skilling's appeal this afternoon."
Posted at 04:37 PM by Howard Bashman

"The Green Light: As the first anniversary of 9/11 approached, and a prized Guantanamo detainee wouldn't talk, the Bush administration's highest-ranking lawyers argued for extreme interrogation techniques, circumventing international law, the Geneva Conventions, and the army's own Field Manual; The attorneys would even fly to Guantanamo to ratchet up the pressure--then blame abuses on the military." Philippe Sands will have this article in the May 2008 issue of Vanity Fair magazine.
Posted at 04:33 PM by Howard Bashman

In the April 2008 issue of ABA Journal magazine: David G. Savage has an article headlined "Death for Rape, an Echo of the Past; In a busy month for criminal cases, SCOTUS looks once more at capital punishment."

And the publication also contains an article headlined "A Cowgirl Rides the Circuits; Retired Justice Sandra Day O'Connor puts her brand on federal appellate courts."
Posted at 04:20 PM by Howard Bashman

"Gableman victorious; Challenger beats Butler in high court race; 1st such ouster since '67": The Milwaukee Journal Sentinel today contains an article that begins, "Burnett County Circuit Judge Michael Gableman won a seat on the Wisconsin Supreme Court by a narrow margin Tuesday, bucking history and becoming the first challenger to knock off an incumbent state Supreme Court justice in more than 40 years. When Gableman takes the seat Aug. 1, it will be the first time in 110 years there hasn't been a justice from Milwaukee."

The Capital Times of Madison, Wisconsin today contains an article headlined "Gableman's victory shifts court to right" and an editorial entitled "Ugly result to ugly race."

And The Associated Press reports that "Wisconsin Justice Ousted in Nasty Race."
Posted at 04:08 PM by Howard Bashman

"Bar wants Scruggs' law license stripped; Formal action would be premature, lawyer's attorney argues": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 02:45 PM by Howard Bashman

Unanimous three-judge Ninth Circuit panel recognizes a state convict's limited due process right of access to the evidence, used to convict him of sexual assault, for purposes of post-conviction DNA testing: You can access today's ruling at this link.
Posted at 02:42 PM by Howard Bashman

Seventh Circuit affirms the dismissal of a securities class action and an ERISA class action against Tribune Company arising from fraudulently overstated circulation figures of two newspapers, Newsday and the Spanish-language Hoy: Circuit Judge Terence T. Evans wrote today's opinion on behalf of a unanimous three-judge panel.
Posted at 02:33 PM by Howard Bashman

"Judge Posner's How Judges Think--Part 1": Ed Whelan has this post today at National Review Online's "Bench Memos" blog. [Update: Part 2 of Ed's series of posts on this book has now arrived, and you can access it here.]

Judge Posner's book, published by Harvard University Press, is scheduled to be released on April 15, 2008. You can read an excerpt by clicking here. And you can learn a bit more about the book via a Columbia Law School news release headlined "How Judges Think: U.S. Appellate Judge And Prolific Author Richard Posner Explains The View From The Bench."
Posted at 12:08 PM by Howard Bashman

"Senate Shutdown": The Wall Street Journal today contains an editorial that begins, "It's not every day that a Member of the world's greatest deliberative body stops by to chat about his plans 'to close the Senate down.' Especially if his name is Arlen Specter. But the Pennsylvania Republican tells us he's concluded that this is the only way to prod Democrats to vote on, or even hold confirmation hearings on, President Bush's appeals-court nominees."
Posted at 12:00 PM by Howard Bashman

More information about today's oral argument in the case of United States of America vs. Jeffrey K. Skilling, Appellant, No. 06-20885, before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit: The Fifth Circuit has issued this notice regarding the oral argument. The oral argument is scheduled to begin at 2 p.m. central time in Room 223 (also known as the East Courtroom) of the John Minor Wisdom United States Court of Appeals Building, 600 Camp Street, in New Orleans. Once all seats are taken in that courtroom, the Fifth Circuit plans to open up additional courtrooms for the expected overflow crowd, and a live audio feed of the oral argument will be transmitted into those additional courtrooms.

The three-judge panel assigned to hear and decide the appeal consists of Circuit Judges Jerry E. Smith and Edward C. Prado, joined by U.S. District Judge Alia M. Ludlum of the Western District of Texas, sitting by designation.

Previewing the oral argument, The Times-Picayune of New Orleans reports that "Enron CEO's appeal to be heard in N.O. today; large crowds expected in court." And yesterday, the newspaper reported that "Ex-Enron exec fighting verdict; 5th Circuit in N.O. braces for crowds." The newspaper has also posted online Skilling's opening Brief for Appellant and the federal government's Brief for Appellee.

Earlier today, I collected additional press coverage in a post that you can access here. Judge Smith, who will preside over the appellate panel this afternoon, was the first interviewee in this blog's "20 Questions for the Appellate Judge" series. You can access his interview by clicking here.
Posted at 10:45 AM by Howard Bashman

"Memo: Laws Didn't Apply to Interrogators; Justice Dept. Official in 2003 Said President's Wartime Authority Trumped Many Statutes." Dan Eggen and Josh White have this front page article today in The Washington Post. The newspaper has posted online the now-infamous memo, by Law Professor John C. Yoo, in two parts: part one and part two.

The New York Times reports today that "'03 U.S. Memo Approved Harsh Interrogations."

And The Wall Street Journal reports that "U.S. 2003 Memo Allowed 'Enhanced' Interrogation."
Posted at 09:17 AM by Howard Bashman

"The Laws in Wartime: Boost trust, Close Guantanamo and establish a national security court." Jack Goldsmith has this essay online today at Slate.

And Slate today has also posted online an essay by Bruce Fein entitled "The Presidency: End the war on terror as a legal paradigm; abolish military commissions, and restore FISA."
Posted at 09:10 AM by Howard Bashman

"Va. Executions Are Put on Hold; Kaine Orders Halt Till U.S. Supreme Court Rules on Lethal Injections": This article appears today in The Washington Post.

And The Times-Dispatch of Richmond, Virginia reports today that "Governor Kaine postpones Bell execution; Executions will be stayed till U.S. high court rules in lethal-injection case."
Posted at 09:05 AM by Howard Bashman

"US judge in DUI rethinks quitting; Arrest, cross-dressing had caused an uproar": The Boston Globe today contains an article that begins, "A federal judge said yesterday that he is reconsidering his resignation, two months after he was charged by New Hampshire authorities with drunken driving. The arrest had caused an uproar, not only because a member of the judiciary had been accused of a crime, but because, as his lawyer confirmed yesterday, US Bankruptcy Court Judge Robert Somma was wearing a woman's dress when he was involved in the car accident that triggered the charges."
Posted at 09:02 AM by Howard Bashman

"Ignoring the Supreme Court: The Bush administration punts on greenhouse emissions." This editorial appears today in The Washington Post.
Posted at 09:00 AM by Howard Bashman

"Antiabortion Ballot Initiative Appears Likely": Today's edition of The Washington Post contains an article that begins, "Abortion opponents in South Dakota filed petitions this week that are likely to put an initiative on November's ballot calling for a near-ban on abortion, renewing a contentious fight over a similar proposal in 2006."

And yesterday's edition of The Argus Leader of Sioux Falls, South Dakota reported that "Backers say ban will pass this time; Groups gear up for abortion fight."
Posted at 08:58 AM by Howard Bashman

"MHSAA ordered to pay legal bill; Judge: Association owes $7.4 million for gender-equity suit." The Ann Arbor News today contains an article that begins, "With the Michigan High School Athletic Association ordered to pay $7.4 million in legal fees and interest, one area athletic director expects member schools will continue to support the governing body. Regardless of the costs, school districts statewide may be asked to cover the bill. On Monday, U.S. District Judge Richard A. Enslen directed the MHSAA to pay $4.4 million in attorneys' fees relating to a 2007 decision that deemed its previous scheduling system discriminatory to some female student-athletes."

The Detroit News reports today that "Michigan prep sports group to pay $7.4M; Court ruling is big financial blow to Michigan High School Athletic Association."

The Detroit Free Press reports that "Judge orders MHSAA to pay $7 million plus."

The Grand Rapids Press contains an article headlined "Judge: MHSAA to pay $4.5 million."

And The Associated Press reports that "Mich. Athletic Group Ordered to Pay $7M."

I have posted online at this link Monday's ruling of the U.S. District Court for the Western District of Michigan.
Posted at 08:45 AM by Howard Bashman

"U.S. and Britain at Odds Over Guantanamo Inmate": This article appears today in The New York Times.
Posted at 08:30 AM by Howard Bashman

"Embassy bombings widow criticizes war court": Today in The Miami Herald, Carol Rosenberg has an article that begins, "An American college professor whose Kenyan husband was killed in the 1998 al Qaeda suicide bombing of the U.S. Embassy in Tanzania said Tuesday that a Guantanamo detainee accused in the attack should be tried in a civilian federal court, not by a military commission."
Posted at 08:25 AM by Howard Bashman

"2nd Circuit Allows Bias Claim of White Man With Black Wife": law.com provides this report.

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

"Atlantic Yards May Prompt 9 To Revisit Eminent Domain": Today in The New York Sun, Joseph Goldstein has an article that begins, "The proposed Atlantic Yards development near downtown Brooklyn could prompt the U.S. Supreme Court to reconsider when government may use eminent domain to seize private property."

The New York Daily News reports today that "Residents being displaced by Atlantic Yards ask Supreme Court to hear case."

The New York Post reports that "'Yards' case to Supremes."

The Associated Press reports that "Property group appeals to Supreme Court in Atlantic Yards case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Kelo sequel to Court."

You can view the petition for writ of certiorari by clicking here.
Posted at 08:11 AM by Howard Bashman

"Court to Hear Appeal of Enron's Skilling": The Associated Press provides a report that begins, "Former Enron Corp. CEO Jeffrey Skilling's best chance at overturning some of his convictions could hinge on a legal theory by the prosecution, which an appeals court has already decided was flawed. Attorneys for Skilling planned to argue Wednesday before a three-judge panel of the 5th U.S. Circuit Court of Appeals that Skilling's 2006 convictions for his role in Enron's collapse should either be dismissed or he should be retried."

Today's edition of The Houston Chronicle contains articles headlined "Skilling has shot, experts say; 'Honest services' ruling could lead to many convictions being overturned" and "Former Enron boss Skilling brings new strength to appeal."

Bloomberg News reports that "Skilling May Stay in Prison Even If He Wins Enron Fraud Appeal."

And The American Lawyer contains an article headlined "Did Prosecutors Mishandle Skilling Evidence? 5th Circuit to hear latest appeal to overturn former Enron CEO's conviction."
Posted at 08:04 AM by Howard Bashman

"Lethal Injection and Animal Euthanasia: A Fair Comparison?" Sherry F. Colb has this essay online today at FindLaw.
Posted at 07:57 AM by Howard Bashman

Tuesday, April 01, 2008

"Terrorism Interrogators Immune From Prosecution, '03 Memo Says; Since Rescinded, the Document Granted Nearly Unfettered Presidential Power": Dan Eggen and Josh White of The Washington Post have a news update that begins, "Federal laws prohibiting assault and other crimes did not apply to military interrogators who questioned al-Qaeda captives because the president's ultimate authority as commander-in-chief overrode such statutes, according to a newly declassified 2003 Justice Department memo released today."

The newspaper has posted online the memorandum, written by John C. Yoo, in two parts: part one and part two.
Posted at 08:05 PM by Howard Bashman

"ACLU: Military Skirting Law to Spy." The Associated Press provides a report that begins, "The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans' Internet service providers, financial institutions and telephone companies, the ACLU said Tuesday."

The ACLU today issued a news release headlined "Newly Unredacted Documents Confirm Lack Of Oversight Of Military's Domestic Surveillance Powers; Records Released In ACLU's National Security Letters Lawsuit."
Posted at 06:15 PM by Howard Bashman

In the April 2008 issue of The American Lawyer: The magazine contains an article headlined "Empty Chairs: The Pentagon seeks the death penalty but doesn't appoint counsel."

Another article is headlined "For Defendants Alone? The Supreme Court has ruled that FDA approvals preempt many state tort claims, and there may be more preemptions to come."

And my friend Denise Howell, author of the "Bag and Baggage" blog, has an essay entitled "On Life Support: Was the formula for a good work/life balance figured out in the 1970s?"
Posted at 05:04 PM by Howard Bashman

"Public forums at heart of 2 cases": Tony Mauro has this analysis online at the First Amendment Center.
Posted at 03:43 PM by Howard Bashman

"State Courts Unbound": Law Professor Frederic M. Bloom has this interesting article in the March 2008 issue of Cornell Law Review (via "Concurring Opinions").

The article's abstract begins, "We may not think that state courts disobey binding Supreme Court precedent, but occasionally state courts do. In a number of important cases, state courts have actively defied apposite Supreme Court doctrine, and often it is the Court itself that has invited them to."
Posted at 02:34 PM by Howard Bashman

"Bell Atlantic must not be overread." In a decision issued today, Seventh Circuit Judge Richard A. Posner considers the consequences of the U.S. Supreme Court's recent ruling in Bell Atlantic Corp. v. Twombly.

On a related note, in the March 2008 issue of Boston College Law Review, Law Professor A. Benjamin Spencer has an article titled "Plausibility Pleading" (via "Concurring Opinions").
Posted at 02:30 PM by Howard Bashman

"Judge: $1M in Legal Fees for Boehner." The Associated Press provides a report that begins, "A federal judge says House Minority Leader John Boehner can collect more than $1 million in legal fees in his lawsuit against Democratic Rep. Jim McDermott of Washington state. The decision was issued in a decade-long dispute over an illegally taped telephone call. In the 1996 call, Republican leaders discussed an ethics case against then-House Speaker Newt Gingrich, R-Ga. A Florida couple recorded the cell phone call on a radio scanner and McDermott leaked the tape to two newspapers."

You can access yesterday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 12:14 PM by Howard Bashman

Deer, cotton mouse, woodrat, tree-cactus, marsh rabbit, swallowtail butterfly, silver rice rat, and tree snail defeat FEMA and U.S. Department of the Interior on appeal: The U.S. Court of Appeals for the Eleventh Circuit issued this ruling today. A list of the prevailing parties on appeal can be found in footnote one of the opinion.
Posted at 12:02 PM by Howard Bashman

"We * * * hold that an employer may violate Title VII if it takes action against an employee because of the employee's association with a person of another race." The U.S. Court of Appeals for the Second Circuit today issued a ruling that vacates the entry of summary judgment against a Title VII claim brought by a white man who alleges that Iona College's decision to terminate his employment as an assistant coach of its basketball team was motivated by his marriage to a black woman.
Posted at 11:48 AM by Howard Bashman

Happy birthday to Justice Samuel A. Alito, Jr. According to the popular "Today in History" feature from The Associated Press, Justice Alito turns 58 years old today. Also celebrating birthdays today, the Hughes brothers turn 36, while rapper-actor Method Man turns 37.
Posted at 09:15 AM by Howard Bashman

"Supreme Court won't hear 7 killers' appeals; Execution dates for Mexicans pending ruling on lethal injection": This article appears today in The Houston Chronicle.

The Monitor of McAllen, Texas reports today that "Supreme Court won't reconsider Mexican nationals death sentences."

Reuters reports that "Mexico protests U.S. ruling on death row case."

And The Associated Press reports that "Condemned Mexican Inmates Denied Appeals."
Posted at 09:10 AM by Howard Bashman

"Supreme Court Rules for Delaware in River Dispute": Linda Greenhouse has this article today in The New York Times.

The Philadelphia Inquirer reports today that "U.S. Supreme Court sides with Delaware in N.J. dispute."

The News Journal of Wilmington, Delaware reports that "Supreme Court backs Del. in river dispute, says state can block N.J. LNG pier; Justices say First State controls river to Garden State's shoreline."

The Newark (N.J.) Star-Ledger reports that "Del. wins border battle over gas pier; Supreme Court upholds block on N.J. project."

The Gloucester County Times contains an article headlined "BP: LNG plan still a go in Logan."

And The Courier-Post of Cherry Hill, New Jersey contains an article headlined "Del. wins fight over Logan gas facility" and an editorial entitled "Congress should split river down the middle."

Coincidentally, the two Justices from New Jersey -- Antonin Scalia and Samuel A. Alito, Jr. -- were the only two Justices to dissent from yesterday's U.S. Supreme Court ruling in favor of Delaware and against New Jersey.
Posted at 09:03 AM by Howard Bashman

"Family Pursues MySpace Sex Assault Suit": The Associated Press provides a report that begins, "The family of a teenage girl who says she was sexually assaulted by a 19-year-old man she met on MySpace.com asked a federal appeals court Monday to revive their lawsuit against the social networking Web site. A federal judge in Austin, Texas, dismissed the $30 million suit in February 2007, rejecting the family's claim that MySpace has a legal duty to protect its young users from sexual predators. U.S. District Judge Sam Sparks also ruled that interactive computer services like MySpace are immune from such lawsuits under the Communications Decency Act of 1996."

My earlier coverage of the trial court's ruling appeared in this post from February 14, 2007.
Posted at 08:51 AM by Howard Bashman

"Supreme Court to consider Ten Commandments vs. 'Seven Aphorisms'; Must a city park that displays one monument also permit others'?" David G. Savage has this article today in The Los Angeles Times.

Today in The Washington Post, Robert Barnes has an article headlined "With the Commandments, Must City Make Room?"

Joan Biskupic of USA Today reports that "Court to consider rules on religious displays."

Pamela Manson of The Salt Lake Tribune reports that "Tenet display dispute heads to high court; Justices to hear Utah city's appeal over exhibition of faith group's monolith."

And The Deseret Morning News reports that "Justices to hear Pleasant Grove tablets case; Top court to decide city's monument dispute."

My most recent post about this dispute, which this blog began covering in July 2002, appeared yesterday at this link.
Posted at 08:42 AM by Howard Bashman

"Judges can still punish acquitted defendants; In refusing to consider a Wisconsin man's appeal, the Supreme Court says jurists can issue prison sentences even if the jury has cleared a defendant of certain crimes": Today in The Los Angeles Times, David G. Savage has an article that begins, "The Supreme Court declined Monday to reconsider a legal rule that might surprise most Americans: Judges can punish defendants for certain crimes even after a jury has acquitted them of those charges."
Posted at 08:34 AM by Howard Bashman

"Gitmo detainee charged in embassy bombings; A military prosecutor swore out new death-penalty charges against a Guantanamo captive for war court trial in a U.S. Embassy bombing in East Africa": Carol Rosenberg has this article today in The Miami Herald. And on Friday of last week, she had an article headlined "Navy Lawyer: Gitmo trials pegged to political campaign."

The New York Times reports today that "Guantanamo Detainee, Indicted in �98, Now Faces War Crimes Charges."

The Washington Post reports that "Detainee Is Charged With Capital Murder in Embassy Bombing."

And The Los Angeles Times reports that "Pentagon pursues Guantanamo tribunal for embassy bombing suspect; Ahmed Khalfan Ghailani was indicted by a federal grand jury in 1998 -- so why a military trial? critics ask."
Posted at 08:23 AM by Howard Bashman

"Shades of Gray: Barack Obama has gotten past affirmative action. Have we?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:19 AM by Howard Bashman

"Administration Rebuffed on House Office Search": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Robert Barnes and Susan Schmidt report that "As Jefferson Ruling Stands, Prosecutors Feel Stymied; Justices Decline to Review Decision Against FBI Raid on Congressman's Office, Raising Fears Over Other Inquiries."

David G. Savage of The Los Angeles Times reports that "Supreme Court stays out of congressional search dispute; FBI agents had seized documents in Louisiana Rep. William Jefferson's office as part of a graft investigation."

The Washington Times reports that "Supreme Court refuses to listen to Jefferson case."

The Times-Picayune of New Orleans reports that "Court ruling critical of Jefferson raid stands; FBI overstepped its bounds in House."

And at "SCOTUSblog," Lyle Denniston has a post titled "Government rebuffed on Capitol Hill searches."
Posted at 08:13 AM by Howard Bashman

"Colorado Petition Draws Charges of Deception": This article about the Colorado Civil Rights Initiative appears today in The New York Times.
Posted at 08:04 AM by Howard Bashman

"Oral Argument in DC v. Heller: The view from the Counsel Table." David Kopel has this interesting post at "The Volokh Conspiracy."
Posted at 07:58 AM by Howard Bashman

"Bush Softens on Spy Bill; Overhaul of FISA May Rest on Move Toward Compromise": This article appears today in The Wall Street Journal.
Posted at 07:50 AM by Howard Bashman

Monday, March 31, 2008

Available online from law.com: Tony Mauro reports that "Supreme Court Upholds Delaware's Veto Power Over British Petroleum Project; High court appointed a special master to sift through thousands of documents and hear arguments from both sides."

Marcia Coyle reports that "Federal Circuit May Be in for Big Changes; A startling two-thirds of the court soon to be eligible for senior status."

And in other news, "State AG Attacks Business Method at Center of Key Patent Case."
Posted at 11:57 PM by Howard Bashman

Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc? Apparently the answer is "yes" in the Sixth Circuit, as evidenced by the senior status of the author of this dissent from the denial of rehearing en banc issued today. Thus, although a total of six judges join in the dissent, it only equates to five votes in favor of rehearing en banc.

You can access the ruling of the original divided three-judge Sixth Circuit panel at this link. I had this post about that decision on the day it issued.
Posted at 11:25 PM by Howard Bashman

"In the wake of September 11th, some Muslim Americans, completely innocent of any wrongdoing, became targets of gross misapprehensions and overbroad assumptions about their religious beliefs. But the event that shook the foundations of our buildings did not shake the premise of our founding -- that here, in America, there is no heretical faith." So writes Circuit Judge J. Harvie Wilkinson III on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in an opinion issued today.
Posted at 11:14 PM by Howard Bashman

"Forever Guantanamo": Raymond Bonner has this review of four Guantanamo-related books in the April 17, 2008 issue of The New York Review of Books.
Posted at 11:02 PM by Howard Bashman

"U.S. Supreme Court agrees to take Pleasant Grove-Summum free speech case": Pamela Manson of The Salt Lake Tribune provides this news update.

Tuesday in The Christian Science Monitor, Warren Richey will have an article headlined "U.S. Supreme Court takes a new 10 Commandments case; The Decalogue is on display in a public park in Utah; Is the park, therefore, a forum for expression of all types?"

James Vicini of Reuters reports that "Court to rule on city park's religious monument."

And Pete Yost of The Associated Press reports that "Court Agrees to Take 2 Free Speech Cases."

This blog's first coverage of the dispute over whether towns in Utah that displayed on public property a monument to the Ten Commandments also had to permit the display on public property of a monument to the Seven Principles of the Summum religion appeared in a post I published at "How Appealing" on July 19, 2002. I also noted in that post that "Adherents of the Summum faith, at least according to the group's official Web site, are heavily into mummification after death and also take quite a liking to masturbation while still among the living."

You can access today's U.S. Supreme Court Order List at this link.
Posted at 08:37 PM by Howard Bashman

"Supreme Court says Del. can block LNG project ; BP hopes to push on": The News Journal of Wilmington, Delaware provides this news update.

Tuesday in The Christian Science Monitor, Warren Richey will have an article headlined "Supreme Court upholds Delaware border claim; Ruling 6 to 2, the justices say New Jersey has no right to build a liquefied natural gas plant with a Delaware River pier."

The Associated Press reports that "Delaware Wins High Court Fight Over NJ."

And Reuters provides a report headlined "US high court: Delaware can block BP LNG terminal."

You can access today's ruling of the U.S. Supreme Court in New Jersey v. Delaware, No.134, Orig., at this link.
Posted at 08:28 PM by Howard Bashman

What's new? On Monday through Thursday of last week, and again today, I was attending the trial of a civil case in the U.S. District Court for the District of New Jersey in Camden. In November 2006, the U.S. Court of Appeals for the Third Circuit issued a decision on an appeal in which I represented the plaintiff-appellant. The Third Circuit's ruling reversed the district court's grant of summary judgment against the plaintiff's breach of contract claim and remanded that claim for trial.

The trial took place last week and concluded today with a jury verdict in favor of the plaintiff on all issues, awarding to the plaintiff all of the damages that the plaintiff had sought. I was attending the trial at the plaintiff's request to ensure that the plaintiff took all necessary steps during trial to preserve its appellate rights. Thanks to the great work of plaintiff's trial counsel -- David Sokasits, Esquire -- it is now the defendant that is facing the need to file any post-judgment motions and any appeal.

Also today, I filed this Reply Brief for Appellants in the Third Circuit in a separate case that I previously mentioned in this post from January 2008. The opening Brief for Appellants in that case can be accessed here.
Posted at 05:44 PM by Howard Bashman

Programming note: I will again be in court today on a client matter. Additional posts will appear here later today. "SCOTUSblog" will provide timely coverage of today's U.S. Supreme Court Order List and any opinions that the Court issues today.
Posted at 06:45 AM by Howard Bashman

"Wounded vet loses libel appeal against Moore": Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of this recent First Circuit ruling appears at this link.
Posted at 06:44 AM by Howard Bashman

"Judge Elizabeth Halverson courts trouble in Las Vegas; Her ex-bailiff, for example, has testified that she treated him like a houseboy; She has been suspended; an April hearing could remove her permanently": This article appears today in The Los Angeles Times.
Posted at 06:42 AM by Howard Bashman

"A Day in Court Denied": Today in The Washington Post, Harold Hongju Koh, dean of Yale Law School, has an op-ed that begins, "Last week, the Supreme Court heard a case from Shawqi Omar and Mohammad Munaf, two American citizens held in a U.S. prison for more than three years without access to lawyers or judges."
Posted at 06:40 AM by Howard Bashman

"The Vienna Convention: The U.S. must ensure that arrested foreigners can contact their consulates." This editorial appears today in The Washington Post.
Posted at 06:37 AM by Howard Bashman

"Enron's Skilling Attempts to Reverse His Guilty Verdict": Today in The Wall Street Journal, John R. Emshwiller has an article that begins, "More than a year after U.S. prosecutors put former Enron Corp. president Jeffrey Skilling behind bars for his part in the iconic corporate scandal of the last decade, a court this week will weigh the possibility of overturning the government's only unalloyed courtroom victory in its nearly five-year Enron probe."
Posted at 06:27 AM by Howard Bashman

"The Fight Over 'Fleeting Expletives': How A Grant of Supreme Court Review May Lead to Expanded FCC Power and Reduced First Amendment Rights for Broadcasters." Julie Hilden has this essay online today at FindLaw.
Posted at 06:20 AM by Howard Bashman

Sunday, March 30, 2008

"Congress' first task: FISA; When Congress reconvenes, it needs to act quickly on new terrorist surveillance legislation." This editorial appears today in The Los Angeles Times.
Posted at 11:40 PM by Howard Bashman

"Debate and Protest at Spy Program's Inception": Eric Lichtblau has this article today in The New York Times.
Posted at 11:33 PM by Howard Bashman

Steven Brill reviews John Grisham's new book, "The Appeal": The review appears in today's issue of the Sunday Book Review of The New York Times.
Posted at 11:30 PM by Howard Bashman

"Fed Rules Claim to Pre-Empt Injury Suits": The Associated Press provides this report.
Posted at 11:28 PM by Howard Bashman

"My Way or the Highway": This editorial about President Bush's nomination of Steven Bradbury to head the Justice Department's Office of Legal Counsel appears today in The New York Times.
Posted at 11:23 PM by Howard Bashman

The nation's first DNA-based "John Doe" warrants were illegal, the Supreme Court of Kansas has ruled: Yesterday's edition of The Wichita Eagle contained an article headlined "Court quashes 1st DNA-based rape warrants" that begins, "The Kansas Supreme Court ruled Friday that the arrest warrants in seven rape cases -- the first in the nation to charge someone's DNA with a crime -- weren't specific enough to meet legal standards. The ruling means death-row inmate Douglas Belt won't be tried for the rapes."

And The McPherson Sentinel reported yesterday that "Kaufman finds good and bad news in John Doe rulings."

You can access at this link Friday's ruling of the Supreme Court of Kansas.
Posted at 12:12 PM by Howard Bashman

"Same-sex marriages gain support": The Des Moines Register yesterday contained an article that begins, "A new flock of same-sex marriage supporters jumped into Iowa's constitutional battle over gay rights Friday with legal briefs they hope will influence the Iowa Supreme Court."
Posted at 12:08 PM by Howard Bashman

"High court: Privacy extends to airspace above homes." Yesterday's edition of The Rutland Herald contained an article that begins, "The Vermont Supreme Court held Friday that 'Vermont citizens have a constitutional right to privacy that ascends into the airspace above their homes and property,' overturning the conviction of a Goshen man on marijuana charges. The court ruled that the aerial surveillance of Stephen Bryant's land constituted a search under Article 11 of the Vermont Constitution and, as such, required a warrant."

You can access Friday's ruling of the Supreme Court of Vermont at this link.
Posted at 12:07 PM by Howard Bashman

"Profanity, sex, violence: What's appropriate on TV?" Columnist Gail Pennington has this op-ed today in The St. Louis Post-Dispatch.
Posted at 12:02 PM by Howard Bashman

"Activist involved in landmark Supreme Court speech rights case dies": Today's edition of The Columbia Missourian contains an article that begins, "Lorena Jeanne Tinker, a peace and civil rights activist, made it her mission to change what she could and chronicle what she couldn't."

You can access the U.S. Supreme Court's ruling in Tinker v. Des Moines Independent Community School District via this link.
Posted at 12:00 PM by Howard Bashman

"Medellin v. Texas: A case of more than murder." Ted Cruz, the Solicitor General of Texas, has this op-ed in The Houston Chronicle.
Posted at 11:57 AM by Howard Bashman

Saturday, March 29, 2008

"Brothers file claim in S.F. zoo tiger attack": The San Francisco Chronicle provides this news update. The newspaper has posted a copy of the claim online at this link.
Posted at 11:17 PM by Howard Bashman

"More Flimflam on Warming": The New York Times today contains an editorial that begins, "On April 2, 2007, the Supreme Court ruled that the Clean Air Act clearly empowered the Environmental Protection Agency to address greenhouse gas emissions from cars and trucks."
Posted at 10:44 PM by Howard Bashman

"Freed Ex-Governor of Alabama Talks of Abuse of Power": This article appears today in The New York Times.

And The Birmingham News reports today that "Siegelman rejoins family after 9 months; Balloons welcome ex-governor who wore prison garb."
Posted at 10:40 PM by Howard Bashman

"Ruling Gives Heirs a Share of Superman Copyright": The New York Times today contains an article that begins, "Time Warner is no longer the sole proprietor of Superman. A federal judge here on Wednesday ruled that the heirs of Jerome Siegel -- who 70 years ago sold the rights to the action hero he created with Joseph Shuster to Detective Comics for $130 -- were entitled to claim a share of the United States copyright to the character."

I have posted online at this link Wednesday's ruling of the U.S. District Court for the Central District of California.
Posted at 10:32 AM by Howard Bashman

"Asking a Judge to Save the World, and Maybe a Whole Lot More": This article appears today in The New York Times.
Posted at 10:24 AM by Howard Bashman

Available online from law.com: An article reports that "9th Circuit Panel Sounds Ready to OK Logging Plan."

And in other news, "Pa. Supreme Court Agrees Again to Hear Appeal Over H&R Block Refund Program."
Posted at 08:45 AM by Howard Bashman

"Dog owners have responsibility to stop attacks, court says; Ruling against dog owner whose pets injured a visitor": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "Texas' 'first free bite' rule -- allowing dog owners to escape most legal liability if a previously gentle dog attacks -- does not free owners from the responsibility of stopping an attack once it begins, the Texas Supreme Court ruled Friday."

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

"Final defendant in 2003 smuggling deaths set to plead": The Houston Chronicle today contains an article that begins, "The Mexican citizen whose extradition to the United States last year made him the final defendant in the nation's worst human smuggling tragedy is set to plead guilty next month."
Posted at 08:37 AM by Howard Bashman

"Appeals court upholds Austin smoking ban; Enforcement can shift from individuals back to businesses, city officials say": This article appears today in The Austin American-Statesman.

My earlier coverage of yesterday's Fifth Circuit ruling appears at this link.
Posted at 08:34 AM by Howard Bashman

Friday, March 28, 2008

"Salazar to size up judge; Complaints spur look at Nottingham conduct": The Denver Post today contains an article that begins, "U.S. Sen. Ken Salazar said Thursday that he is concerned about reports that U.S. District Chief Judge Edward Nottingham Jr. engaged in immoral conduct and wants to investigate further to determine whether sanctions are necessary."

And The Rocky Mountain News reports today that "Salazar compares Nottingham's conduct with Spitzer's."
Posted at 08:05 PM by Howard Bashman

Fifth Circuit reinstates municipal ordinance intended to prohibit smoking in public places in Austin, Texas: You can access today's ruling at this link.
Posted at 03:54 PM by Howard Bashman

Partially divided three-judge First Circuit panel reverses class certifications in MDL consumer action alleging a conspiracy by automobile manufacturers to illegally block lower-priced imports from Canada: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:22 PM by Howard Bashman

A man is accused of grabbing his own crotch, and a D.C. Circuit appeal ensues: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:57 AM by Howard Bashman

Today at the "Althouse" blog: A post from Ann stating, "I was tempted to write a post about the existential angst of Howard Bashman." Alas, her discussion of that subject apparently must await another day.
Posted at 09:30 AM by Howard Bashman

"Ex-Governor of Alabama Is Ordered Released": The New York Times today contains an article that begins, "Donald Siegelman, former governor of Alabama, was ordered released from prison on Thursday by a federal appeals court, pending his appeal of a bribery conviction that Democrats say resulted from a politically driven prosecution."

The Birmingham News reports today that "Court orders Siegelman free on bond, won't let Scrushy out on appeal; Scrushy, once labeled flight risk, remains locked up."

And The Montgomery Advertiser reports that "Siegelman granted release from prison."

Last month, the CBS News program "60 Minutes" had this video segment about the prosecution. A transcript of the segment can be accessed here.
Posted at 09:17 AM by Howard Bashman

"Tapes' Destruction Hovers Over Detainee Cases": Today's edition of The New York Times contains a front page article that begins, "When officers from the Central Intelligence Agency destroyed hundreds of hours of videotapes documenting harsh interrogations in 2005, they may have believed they were freeing the government and themselves from potentially serious legal trouble. But nearly four months after the disclosure that the tapes were destroyed, the list of legal entanglements for the C.I.A., the Defense Department and other agencies is only growing longer. In addition to criminal and Congressional investigations of the tapes' destruction, the government is fighting off challenges in several major terrorism cases and a raft of prisoners' legal claims that it may have destroyed evidence."
Posted at 09:05 AM by Howard Bashman

"Life term or new penalty hearing ordered for Mumia Abu-Jamal": This article appears today in The Philadelphia Inquirer, along with articles headlined "Maureen Faulkner reacts to Abu-Jamal decision" and "Abu-Jamal's defenders irate; detractors see mixed bag."

And today's edition of The Philadelphia Daily News reports that "Abu-Jamal's conviction upheld, death sentence questioned." In addition, columnist Jill Porter has an op-ed entitled "Just let Abu-Jamal rot in jail and get it over with."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 08:48 AM by Howard Bashman

"Cyclist a hindrance, agent says": In today's edition of The San Francisco Chronicle, Lance Williams has an article that begins, "The federal agent who led the investigation of the BALCO steroids ring said Thursday that his probe stalled for a time because an elite cyclist didn't tell the truth about the chemist who created the drugs at the heart of the scandal."

And in yesterday's newspaper, Williams had an article headlined "Cyclist appeared to be shaving face, drug tester tells jury." That's apparently newsworthy because the cyclist in question is female.
Posted at 08:40 AM by Howard Bashman

"Mukasey backs Bush efforts on wiretapping": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The New York Sun, Josh Gerstein reports that "Mukasey Makes Emotional Plea for Surveillance Powers." The newspaper also contains an editorial entitled "Mukasey's Emotion."
Posted at 08:34 AM by Howard Bashman

"Lockerbie Lawyer Optimistic on Libya Claims Accord": Bloomberg News provides this report.

And The Associated Press reports that "US Weighing Libyan Compensation Offer."
Posted at 08:22 AM by Howard Bashman

"The House of Representatives' Contempt Citation Against White House Officials: Why the U.S. District Court for the District of Columbia Should Opt for En Banc Review." Carl Tobias has this essay online today at FindLaw.
Posted at 06:40 AM by Howard Bashman

Thursday, March 27, 2008

Available online from law.com: An article is headlined "N.J. Supreme Court: Punitives for Wrongdoer Only, Not for General Deterrence." You can access today's ruling of the Supreme Court of New Jersey at this link.

Shannon P. Duffy reports that "Mumia Abu-Jamal's Death Sentence Overturned, but Conviction Upheld." My earlier coverage of today's Third Circuit ruling appears at this link.

And in other news, "Office of Legal Counsel Nominee Has Liberal Roots; Steven Bradbury may have started in a vegetarian commune, but the OLC nominee moved right."
Posted at 11:02 PM by Howard Bashman

"Protecting Americans' habeas rights: No matter what the administration says, two U.S. citizens held by the military in Iraq deserve a hearing." The Los Angeles Times contains this editorial today.
Posted at 10:57 PM by Howard Bashman

"Court allows Siegelman release from prison pending appeal": The Associated Press provides a report that begins, "A federal appeals court approved the release of former Alabama Gov. Don Siegelman on bond Thursday while he appeals his conviction in a corruption case. The 11th U.S. Circuit Court of Appeals said the former governor had raised 'substantial questions of fact and law' in challenging his conviction."
Posted at 10:50 PM by Howard Bashman

"Pulitzer winner to join Yale Law; Linda Greenhouse, Supreme Court reporter for the Times, to become journalist-in-residence": This article appears today in The Yale Daily News.
Posted at 10:45 PM by Howard Bashman

"A Lawyer's 'Good Day' at the Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 10:34 PM by Howard Bashman

Justice Sandra Day O'Connor acknowledges that she won't have to wear a thong bathing suit if she visits the state parks of Florida: Details are contained in the update to my post from earlier this month titled "At a minimum, don't omit 'at a minimum.'"

Justice O'Connor is also in the news today for less provocative reasons. Today's edition of The Winchester Star contains articles headlined "Former justice receives Byrd service award; Sandra Day O'Connor honored at VMI" and "O'Connor: Clear policy needed for prisoners; Standards of treatment have been blurred in war on terror."
Posted at 10:32 PM by Howard Bashman

"Scalia Criticizes News Media": The Associated Press provides this report.
Posted at 10:12 PM by Howard Bashman

Dispute over how to apply U.S. Supreme Court's fractured ruling in Rapanos v. United States gives rise to a dissent from the Eleventh Circuit's denial of rehearing en banc: Two judges serving on the U.S. Court of Appeals for the Eleventh Circuit joined in this dissent from the denial of rehearing en banc issued today.
Posted at 04:44 PM by Howard Bashman

"Ninth Circuit Court of Appeals Announces New Clerk of Court": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday issued this news release.
Posted at 04:30 PM by Howard Bashman

"City can't limit liability in Staten Island Ferry crash, court rules": The Staten Island Advance provides this news update.

The Associated Press reports that "Appeals court finds city can be held fully liable in ferry crash."

And the "City Room" blog of The New York Times provides a post titled "Court Finds City Was Negligent in S.I. Ferry Crash."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 04:15 PM by Howard Bashman

Eligibility for deportation for "stalking" conviction is not unconstitutionally vague on its face or as applied, Second Circuit rules: The U.S. Court of Appeals for the Second Circuit issued this ruling today.
Posted at 04:11 PM by Howard Bashman

"No death for Mumia Abu-Jamal -- at least for now": The Philadelphia Inquirer provides a news update that begins, "A federal appeals court today refused to reinstate the death sentence of world-famous death row inmate Mumia Abu-Jamal, but left intact his murder conviction in the 1981 shooting death of Philadelphia Police Officer Daniel Faulkner." That newspaper has also collected some of its extensive earlier coverage of the case at this link.

The Associated Press provides a report headlined "Court: Mumia Deserves New Hearing."

And BBC News reports that "US court overturns death sentence; A US federal appeals court has overturned the death sentence imposed on former Black Panthers member Mumia Abu-Jamal."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 03:58 PM by Howard Bashman

Programming note: I will again be in court today on a client matter. Additional posts will appear here this evening.
Posted at 06:40 AM by Howard Bashman

"Court Looks at Legal Role for Mentally Ill": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "High Court Weighs Self-Representation."

Joan Biskupic of USA Today reports that "Court weighs self-representation; Justices signal openness to new limits for mentally ill."

And law.com's Tony Mauro reports that "Supreme Court Hears Case Involving Mentally Ill Defendants Representing Themselves."
Posted at 06:37 AM by Howard Bashman

"U.S. Court upholds 10 Commandments on public land": Reuters provides a report that begins, "A nearly 50-year-old monument inscribed with the Ten Commandments does not violate the Constitution just because it sits nearly alone on public grounds in a Washington city, a federal appeals court ruled on Wednesday." According to the article, the ruling involves "a 6-foot-tall (1.8-meter-tall) granite monument near the Old City Hall in Everett, Washington, about 25 miles north of Seattle."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The opinion also contains an appendix consisting of several photographs.
Posted at 06:32 AM by Howard Bashman

"Appeal Allows Lawsuits by Ground Zero Workers": This article appears today in The New York Times.

And Joseph Goldstein of The New York Sun reports that "Court Clears Way for 9/11 Illness Lawsuit."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 06:25 AM by Howard Bashman

"A Recent Supreme Court Decision on the Vienna Convention Reaffirms that Justice Stevens, at Eighty-Eight, Remains A Force to Be Reckoned With": Edward Lazarus has this essay online today at FindLaw.
Posted at 06:18 AM by Howard Bashman

"Constitutionally Incorrect: Barack Obama is just the latest person to get the history of the Constitution wrong by ignoring the Reconstruction amendments." Doug Kendall has this essay online at The New Republic.
Posted at 06:15 AM by Howard Bashman

Wednesday, March 26, 2008

"Court Hears Arguments on Americans Held in Iraq": Linda Greenhouse has this article today in The New York Times.

Today in USA Today, Joan Biskupic reports that "Justices mull limits on rights of detainees."

Last Friday, Jess Bravin of The Wall Street Journal previewed the oral argument in an article headlined "U.S. Prisoners Fight Transfer; Military Wants 2 in Iraq To Be Tried by Baghdad; Supreme Court to Rule."

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "Jail of Two Cities: The Supreme Court gives the right to habeas corpus a swirly."

From National Public Radio, yesterday's broadcast of "Morning Edition" contained an audio segment entitled "High Court Hears Cases of U.S. Citizens Held in Iraq" featuring Nina Totenberg. And yesterday's broadcast of "Day to Day" contained an audio segment entitled "Court Weighs Rights of Americans Arrested in Iraq" featuring Dahlia Lithwick. RealPlayer is required to launch these audio segments.

And at "SCOTUSblog," Lyle Denniston has a post titled "A simple argument made confusing."

You can access the transcript of yesterday's U.S. Supreme Court oral argument in Munaf v. Geren, No. 06-1666, at this link.
Posted at 11:44 PM by Howard Bashman

"Mukasey Goes to Court to Argue a Terrorism Case": This article appears today in The New York Times.

The Washington Post today contains an article headlined "After a Lifetime in Law, a First Day in Court."

David G. Savage of The Los Angeles Times reports that "Supreme Court hears war-on-terrorism cases; Justices sound as if they will rule on the side of the Bush administration in case of the 'Millennium Bomber' and a U.S. citizen who was arrested by U.S. forces in Iraq."

Yesterday's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Attorney General Argues First Supreme Court Case" (RealPlayer required).

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Mukasey's Moment."

You can access the transcript of yesterday's U.S. Supreme Court oral argument in United States v. Ressam, No. 07-455, at this link.
Posted at 11:30 PM by Howard Bashman

"Affirmative Action Foes Push Ballot Initiatives; Activists, With Eyes on November, Focus on Five States": Today's edition of The Washington Post contains an article that begins, "Sixteen months after voters in Michigan voted to kill affirmative action in the public sphere, opponents of preferences based on race and gender are pushing five more states to ban the practice."
Posted at 11:15 PM by Howard Bashman

"Why have Clinton and Obama ducked gun control issue?" David Lightman of McClatchy Newspapers has an article that begins, "When Supreme Court justices debate the legality of the District of Columbia's ban on handguns in coming weeks, their file will include a legal brief from Vice President Dick Cheney, Arizona Sen. John McCain and 54 other senators asking that the law be overturned. But they won't find anything from Democratic Sens. Hillary Clinton of New York or Barack Obama of Illinois. They didn't sign the rival brief from other members of Congress who back the tough handgun restrictions."
Posted at 10:54 PM by Howard Bashman

"Firing of library worker causes uproar; Aide's dismissal after she alerted police to a patron allegedly viewing child porn has roiled the Central Valley town of Lindsay": This article appears today in The Los Angeles Times.

And today's edition of The Visalia Times-Delta contains articles headlined "Retired judge may mediate library dispute" and "Manuals offer little guidance on illegal computer use."
Posted at 10:48 PM by Howard Bashman

"Appeals court will reconsider homeschooling ruling": Bob Egelko of The San Francisco Chronicle provides a news update that begins, "A state appeals court has agreed to reconsider its decision last month that barred homeschooling by parents who lack teaching credentials, raising the possibility that the judges will change a decision that has infuriated homeschool advocates nationwide. The Second District Court of Appeal in Los Angeles granted a rehearing Tuesday at the request of a couple who have taught their eight children at home without credentials."
Posted at 10:47 PM by Howard Bashman

"Justices Rebuff Bush and World Court; Powers Limited in Texas Death Case": Robert Barnes has this front page article today in The Washington Post.

Today in The New York Times, Linda Greenhouse reports that "Justices Block New Hearing for Mexican."

In The Los Angeles Times, David G. Savage reports that "Supreme Court rules Bush exceeded his powers; Saying he does not have 'unilateral authority' to force states to comply with an international treaty, justices vote 6-3 to reject presidential order to reopen cases of foreign nationals." The newspaper also contains an editorial entitled "Supreme Court doesn't mess with Texas; The high court properly rebuked Bush; But it should have given a Mexican man his day in court."

In USA Today, Joan Biskupic reports that "High court rejects Bush action in Mexican's death row case."

Charlie Savage of The Boston Globe reports that "Court rebukes Bush in death penalty case; Conservatives check expansion of executive power."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rules against Bush in death-row case; A 6-to-3 majority said the president can't order a state court to abide by an international court ruling."

Patti Waldmeir of Financial Times reports that "Top US court at odds with Bush over his powers."

law.com's Tony Mauro reports that "Supreme Court Sides With Texas in Dispute With Bush; High court's 6-3 decision drew strong reaction on both sides."

The Washington Times reports that "Court says Bush stretched powers."

The Houston Chronicle reports that "Supreme Court trumps executive power; President can't force a new trial for Mexican in 1993 murders, the justices find."

The San Antonio Express-News reports that "Justices rule foreigners can be executed."

The Fort Worth Star-Telegram reports that "Court rules against Bush in Texas death-penalty case."

The Dallas Morning News contains an article headlined "Supreme Court: No new hearing for Texas death row inmate."

From National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "States Not Subject to All Treaties, High Court Rules" featuring Nina Totenberg. And today's broadcast of "Morning Edition" contained an audio segment entitled "High Court Rejects Bush Assertion on U.S. Treaties" also featuring Nina Totenberg. RealPlayer is required to launch these audio segments.

And yesterday's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Court Overrules President Bush in Texas Case, Weighs Detainee Rights" (transcript with links to audio and video) featuring Marcia Coyle.
Posted at 10:28 PM by Howard Bashman

"Court Strikes Down State Law Protecting Fliers": This article appears today in The New York Times.

Joseph Goldstein of The New York Sun reports today that "Judges Ground N.Y.'s Airline Regulation Law."

The Washington Post reports that "Court Rejects Air Travelers Bill of Rights; Appeals Panel Rules Against N.Y. Law Saying States Cannot Regulate Airlines."

Bob Egelko of The San Francisco Chronicle reports that "N.Y.'s Passenger Bill of Rights struck down."

USA Today reports that "Air passenger rights law struck down; Federal court says states don't have such authority."

Newsday reports that "State airline passenger bill of rights struck down."

Bloomberg News reports that "Air Traveler 'Bill of Rights' Downed by Appeals Court."

Reuters reports that "U.S. court rejects airline passengers rights law."

And law.com reports that "2nd Circuit Strikes Down N.Y. 'Passenger Bill of Rights.'"

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 10:14 PM by Howard Bashman

"9th Circuit Pulls Judge Off Case, Accusing Him of 'Biased Interventions'; U.S. District Judge Manuel L. Real has been removed from at least seven other cases in the past": Pamela A. MacLean of The National Law Journal provides this report.

My earlier coverage of last week's Ninth Circuit ruling appears at this link.
Posted at 09:58 PM by Howard Bashman

"Yale Law School nabs Linda Greenhouse after Times departure": The Yale Daily News provides this news update.

And Yale Law School today issued a news release headlined "Linda Greenhouse Returning To Yale Law School in 2009 as Journalist-in-Residence" (via "LawBeat").
Posted at 08:32 PM by Howard Bashman

"Foreign Courts Wary of U.S. Punitive Damages": Adam Liptak has this article today in The New York Times.
Posted at 08:27 PM by Howard Bashman

"Ruling on Mercury Emissions Is Appealed": The Associated Press provides a report that begins, "The Bush administration has appealed a court ruling that the Environmental Protection Agency violated the federal Clean Air Act when it issued less stringent requirements to reduce mercury releases from power plants. The Justice Department, on behalf of the EPA, asked that the full Court of Appeals for the District of Columbia Circuit reconsider the ruling in a lawsuit brought by New Jersey and 16 other states."
Posted at 08:00 PM by Howard Bashman

"Supreme Court presses Crown on Khadr": The Toronto Globe and Mail provides a news update that begins, "Several Supreme Court of Canada justices applied strong pressure to a federal lawyer this morning to reveal what U.S. authorities were given confidential information about accused terrorist Omar Khadr."

The Toronto Star provides a news update headlined "Ottawa fights Khadr ruling; Supreme Court justices pepper government lawyer with questions."

The Canadian Press reports that "Khadr's lawyers hopeful top court will aid in defence against U.S. charges."

CBC News reports that "Top court reserves judgment on release of Khadr transcripts; Canada 'took advantage' of Khadr at Guantanamo Bay, lawyer says."

Canwest News Service reports that "Wrong court for Khadr disclosure arguments, government says."

The Associated Press reports that "Guantanamo Argued in Canada's High Court."

And Reuters reports that "Canada court told of Guantanamo rights violations."
Posted at 07:44 PM by Howard Bashman

Access online the transcripts of today's U.S. Supreme Court oral arguments: You can access the transcript of today's oral argument in Indiana v. Edwards, No. 07-208, at this link. And you can access the transcript of today's oral argument in Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., No. 07-312, at this link.

In news coverage, Mark Sherman of The Associated Press reports that "Court Hears Mentally Ill Defendant Case."

The Indianapolis Star provides a news update headlined "Court hears Ind. self-representation case."

From National Public Radio, this evening's broadcast of "All Things Considered" contained an audio segment entitled "Justices Weigh Definitions of Competency" featuring Nina Totenberg. And today's broadcast of "Day to Day" contained an audio segment entitled "Supreme Court Hears Schizophrenia Case" featuring Lyle Denniston. RealPlayer is required to launch these audio segments.

And at "SCOTUSblog," Lyle Denniston has a post titled "Competency and the criminal trial."
Posted at 07:33 PM by Howard Bashman

"About Face: The Roberts Court Sets the Stage for Shrinking Voting Rights, Putting Poor and Minority Voters Especially In Danger." Law Professor Richard L. Hasen, author of the "Election Law" blog, has this essay online today at FindLaw.
Posted at 07:23 PM by Howard Bashman

Programming note: I will be in court again today on a client matter. "SCOTUSblog" will provide timely coverage of any opinions that the U.S. Supreme Court issues today.

An internet outage at home prevented updates to this blog last night. Hope springs eternal for tonight, however.
Posted at 08:04 AM by Howard Bashman

Tuesday, March 25, 2008

The Supreme Court of the United States today issued two decisions in argued cases: The Court today issued decisions in the following two cases --

1. In Medellin v. Texas, No. 06-984, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court, in which Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice John Paul Stevens issued an opinion concurring in the judgment. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices David H. Souter and Ruth Bader Ginsburg joined. You can access the opinion at this link and the oral argument transcript at this link.

2. And in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989, Justice Souter delivered the opinion of the Court, in which the Chief Justice and Justices Thomas, Ginsburg, and Alito joined in full and in which Justice Scalia joined in large measure. Justice Stevens issued a dissenting opinion, in which Justice Kennedy joined. And Justice Breyer also issued a dissenting opinion. You can access the opinion at this link and the oral argument transcript at this link.

In news coverage from The Associated Press, Mark Sherman reports that "Court Backs Texas in Dispute With Bush." And Pete Yost reports that "High Court Rules in Arbitration Case."

Robert Barnes of The Washington Post provides a news update headlined "Court Backs Texas in Dispute With Bush."

David G. Savage of The Los Angeles Times provides a news update headlined "Supreme Court rejects Bush's claim on death cases; In a case that pitted the president against his home state of Texas, the high court rules that he does not have the authority to order new hearings for Mexican nationals."

Dave Montgomery of McClatchy Newspapers has a report headlined "Supreme Court: Bush can't order hearing for condemned Mexican."

James Vicini of Reuters reports that "Court rules against Bush, Mexican on death row."

Greg Stohr of Bloomberg News reports that "U.S. High Court Denies Hearing to Death Row Mexicans."

And at "SCOTUSblog," Lyle Denniston has a post titled "States win over President on criminal law issue."
Posted at 06:05 PM by Howard Bashman

"Court Overturns Air Passenger Rights Law": The Associated Press provides a report that begins, "A federal appeals court Tuesday struck down a state law requiring airlines to give food, water, clean toilets and fresh air to passengers stuck in delayed planes, saying the measure was well-intentioned but stepped on federal authority. The 2nd U.S. Circuit Court of Appeals said New York's law - the first of its kind in the country - interferes with federal law governing the price, route or service of an air carrier."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:30 PM by Howard Bashman

Programming note: I will be in court today on a client matter. "SCOTUSblog" will provide timely coverage of any opinions that the U.S. Supreme Court issues today.
Posted at 06:42 AM by Howard Bashman

"2 opposing views of cyclist in BALCO case": Lance Williams has this article today in The San Francisco Chronicle.
Posted at 06:40 AM by Howard Bashman

"At Supreme Court: Americans accused in Iraq want U.S. judge; Key issue: Do citizens held by the US military in a foreign war have constitutional protections?" Warren Richey has this article today in The Christian Science Monitor.

Today in USA Today, Joan Biskupic reports that "Justices to hear dispute on U.S. citizens captured in Iraq; Two men seek court access to challenge their detention."

And Mark Sherman of The Associated Press reports that "Americans Held in Iraq Head to Court."
Posted at 06:38 AM by Howard Bashman

"Justices to Weigh Search and Consent": Linda Greenhouse has this article today in The New York Times.

And today in The Los Angeles Times, David G. Savage reports that "Supreme Court allows retiree benefit cuts; Employers may coordinate with Medicare on healthcare provisions for seniors; An AARP legal challenge is turned away."
Posted at 06:30 AM by Howard Bashman

Available online from law.com: An article is headlined "9th Circuit: County Can't Use RICO to Sue Companies for Hiring Illegal Aliens."

Shannon P. Duffy has an article headlined "3rd Circuit: Final Judgment No Prerequisite for Attorney Fees."

And in other news, "11th Circuit Demands Sanctions in Libel Suit; Panel says district judge erred in not sanctioning the plaintiffs in their failed suit."
Posted at 06:24 AM by Howard Bashman

Monday, March 24, 2008

"Consensus on Counting the Innocent: We Can't." Tuesday's installment of The New York Times will contain this new installment of Adam Liptak's "Sidebar" column.

It begins, "A couple of years ago, Justice Antonin Scalia, concurring in a Supreme Court death penalty decision, took stock of the American criminal justice system and pronounced himself satisfied. The rate at which innocent people are convicted of felonies is, he said, less than three-hundredths of 1 percent -- .027 percent, to be exact."
Posted at 11:25 PM by Howard Bashman

"S.C. inmate's Supreme Court win earns him criminal probe": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 11:24 PM by Howard Bashman

"Courthouse's bold art draws a mixed verdict; Not all see worth in valuable works": The Boston Globe today contains an article that begins, "To the untutored eye, they are simply huge rectangular panels - reds, yellows, blues, greens - that have hung like oversized Post-it Notes on the walls of the cavernous federal courthouse since it opened a decade ago. Hundreds of people pass them daily; few seem to notice. In fact, the fiberglass-and-aluminum panels are among the most valuable works of art in Boston by a living artist, commissioned at a cost of $800,000 in tax dollars, and probably worth millions today. The revelation usually leaves visitors to the John Joseph Moakley courthouse incredulous or bemused."
Posted at 08:35 PM by Howard Bashman

"Cyclist's trial foreshadows Bonds' case": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "Caught up in the BALCO steroids scandal, an elite athlete adamantly denies using banned drugs, then mounts an aggressive defense to a perjury indictment. It sounds like the case of former Giants slugger Barry Bonds, accused of lying under oath to the federal grand jury that investigated Burlingame's Bay Area Laboratory Co-Operative steroid ring in 2003. Instead, starting today in federal court in San Francisco, a lesser-known American sports champion - Tammy Thomas, a onetime star of bicycle track racing - goes on trial, charged with perjury and obstruction of justice. Her case is of interest because it amounts to a dress rehearsal for the trial of Bonds, which may get under way later this year."
Posted at 08:32 PM by Howard Bashman

Seventh Circuit affirms federal death sentence imposed on a criminal defendant who, while robbing a bank, murdered two people: You can access today's ruling at this link.
Posted at 07:27 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral arguments: The Court today heard oral argument in three cases. You can access the transcript in Burgess v. United States, No. 06-11429, at this link. You can access the transcript in United States v. Clintwood Elkhorn Mining Co., No. 07-308, at this link. And you can access the transcript in Riley v. Kennedy, No. 07-77, at this link.

In news coverage, The Associated Press reports that "High Court Tackles Ala. Voting Case."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "A Trifecta and a Sprint at the Supreme Court."
Posted at 07:08 PM by Howard Bashman

"Agee deserves quick confirmation": Law Professor Carl Tobias has this op-ed today in The Roanoke Times.
Posted at 06:54 PM by Howard Bashman

"With the Supreme Court Poised to Redefine the Right to Bear Arms, Far-Reaching Questions Loom": Michael C. Dorf has this essay online today at FindLaw.
Posted at 06:50 PM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: It is available online at this link.

In news coverage, Pete Yost of The Associated Press reports that "Justices to Hear Warrantless Search Case." The AP also reports that "Court Takes Firearms Possession Case"; "Court Allows Inmates to Get Abortions"; "Court Turns Down Anti-Clinton Group"; and "High Court Declines AARP Appeal."

David G. Savage of The Los Angeles Times provides a news update headlined "U.S. Supreme Court allows employers to reduce health benefits for older retirees; The AARP had argued that reducing benefits for Medicare-eligible retirees amounted to age discrimination; The Supreme Court disagreed."

Greg Stohr of Bloomberg News reports that "Top U.S. Court Won't Question NYSE Immunity in Suit."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Saucier Than Usual, the Supreme Court Tackles a Precedent."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court rejects campaign ad case."
Posted at 06:42 PM by Howard Bashman

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