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Archived: 05/01/2008 at 22:24:36
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Thursday, May 01, 2008 "6th Circuit to Rehear Major NCLB Case": At "The School Law Blog" of Education Week, Mark Walsh has a post that begins, "A federal appeals court today agreed to re-examine a ruling by a panel of the court that revived a lawsuit challenging the No Child Left Behind Act for imposing unfunded mandates on states and school districts." Today's order grants rehearing en banc of a ruling that a divided three-judge panel issued in January 2008. My earlier coverage of that ruling appears at this link. "Fourth Circuit Decides Two Important Campaign Finance Cases, Raising Issues that Could Get En Banc or Supreme Court Attention": Law Professor Rick Hasen has this post at his "Election Law" blog. Posted at 04:05 PM by Howard Bashman Unanimous three-judge Fourth Circuit panel rejects constitutional challenge to North Carolina's system of voluntary public financing for candidates seeking election to that state's appellate courts: Attorney James Bopp, Jr. was on the winning side of the case mentioned in the post immediately below, but Bopp ends up on the losing side of this ruling, which the U.S. Court of Appeals for the Fourth Circuit also issued today. The judge who wrote the dissenting opinion in the decision discussed immediately below wrote the opinion of the court rejecting the challenge to the public financing of campaigns for appellate judgeships. He was the only judge involved in these two rulings who served on both panels. Divided three-judge Fourth Circuit panel holds unconstitutional various provisions of North Carolina's law governing the financing of political campaigns: You can access today's ruling, on a challenge brought by the organization North Carolina Right to Life, Inc., at this link. Posted at 03:22 PM by Howard Bashman "Federal appeals court won't yet overturn 'Plan B' ruling": Reuters provides a report that begins, "A federal appeals court on Thursday left in place a lower court's ruling that allowed Washington state pharmacists to refuse to sell emergency contraceptive 'morning after' pills on religious grounds." You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. After all, the case did involve trying to recoup from the federal government the value of lost medication to facilitate weight loss and to prevent baldness and erectile dysfunction: The price of liberty can be steep, the U.S. Court of Appeals for the Federal Circuit today reminds AmeriSource Corporation. The concluding paragraph of an opinion that a unanimous three-judge Federal Circuit panel issued today begins, "It is unfair that any one citizen or small group of citizens should have to bear alone the burden of the administration of a justice system that benefits us all. But the war memorials only a short distance from the Federal Circuit courthouse remind us that individuals have from time to time paid a dearer price for liberties we all enjoy." Accordingly, the Federal Circuit has today affirmed the rejection of AmeriSource's request to recover $150,826.26 from the federal government, representing the lost value of Viagra, Propecia, and Xenacil that the federal government seized in a criminal investigation. "Alleged Driver for Bin Laden Boycotts Military Hearing": The Washington Post contains this article today. And today in The Miami Herald, Carol Rosenberg reports that "Bin Laden's driver can send notes to detainees." "Closing Arguments in Suit on Veterans' Mental Care": This article appears today in The New York Times. And today in The San Francisco Chronicle, Bob Egelko reports that "Vets' case rests with call to overhaul system." "Dead soldiers' parents seek class action for T-shirt lawsuit": The Associated Press provides a report that begins, "A Tennessee couple who lost their son in Iraq want an Arizona merchant to pay more than $40 billion in damages to survivors of soldiers whose names are on the anti-war shirts he is selling online. A complaint seeking class-action status for the lawsuit by Robin and Michael Read says Dan Frazier of Flagstaff has no right to profit from commercial sale of products that use the dead soldiers' names without permission." And last Friday, The Arizona Republic reported that "Tenn. family sues maker of war T-shirt." "Justice Dept. Will Share Interrogation Opinions": The New York Times today contains an article that begins, "In a partial concession to Congressional pressure, the Bush administration agreed on Wednesday to show the Senate and House Intelligence Committees secret Justice Department legal opinions justifying harsh interrogation techniques that critics call torture." And The Washington Post reports today that "Lawmakers to See Secret Documents." John P. Elwood, deputy assistant attorney general for the Office of Legal Counsel, was the Justice Department's representative who testified at yesterday's hearing of the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Property Rights. The title of yesterday's hearing was "Secret Law and the Threat to Democratic and Accountable Government." You can view video of the hearing by clicking here (RealPlayer required). "U.S. Appeals Court Rejects City's Suit to Curb Guns": This article appears today in The New York Times. Today in The New York Sun, Joseph Goldstein reports that "Bloomberg Anti-Gun Suit Suffers a Blow." The New York Daily News reports that "Appeals court dismisses NYC's suit against gun makers." The New York Post reports that "City suit misfires; Gun makers win." And law.com reports that "2nd Circuit Dismisses NYC's Suit Against Gun Manufacturers; Gun makers found insulated under U.S. law." My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Trials and Triumphs on the Road to Justice": The New York Times today contains this review of the new play "Thurgood," which officially opened on Broadway last night. The review calls the play "surprisingly absorbing, at times even stirring." And a review from Hollywood Reporter via Reuters is headlined "Fishburne wins case in rather dry 'Thurgood.'" "Law Professor Accuses Students of Defamation": This article appears today in The New York Times. Posted at 08:38 AM by Howard Bashman "Cuomo Balks in Case on Judges' Pay; Refuses to Lead Defense in Judge Kaye's Lawsuit": Joseph Goldstein has this article today in The New York Sun. Posted at 08:28 AM by Howard Bashman "Feds ask for review of Nacchio case; Responding to a decision to toss Nacchio's conviction, Justice requests a rehearing before the full 10th Circuit": This article appears today in The Denver Post. And The Rocky Mountain News reports today that "U.S. tries long shot on Nacchio; Appeals court asked to affirm 2007 conviction." You can view at this link the federal government's petition for rehearing en banc filed yesterday in the U.S. Court of Appeals for the Tenth Circuit. "Grand jury indicts justice's wife on arson charge": The Houston Chronicle provides a news update that begins, "For the second time, a Harris County grand jury indicted the wife of Texas Supreme Court Justice David Medina, alleging she burned down the couple's Spring home and damaged two neighbors' homes in a fire last year." law.com reports that "Second Grand Jury Looking Into Fire at Texas Justice's House." And The Associated Press reports that "Texas Supreme Court justice's wife re-indicted in house fire." Wednesday, April 30, 2008 San Diego Padres 4, Philadelphia Phillies 2: I was at Citizens Bank Park in Philadelphia this evening with some friends, to watch the Phillies host the Padres on Toyota Jamie Moyer 2007 NL East Champions Bobble Figurine night. Moyer, who happened to be this evening's starting pitcher for the Phillies, recorded his first base hit of the season. Unfortunately, the Phillies did not win the game, and Moyer took the loss. On the bright side, the Phillies are off to their best start in years and are just one-half game out of first place in the National League East. You can access the box score of tonight's game at this link, while wraps from MLB.com are available here and here. Fourth Circuit again reinstates "dirty dancing" plaintiff's equal protection claim: Back on October 7, 2005, I had a post titled "Allegedly provocative dancer banished, due to her supposedly suggestive moves, from dances held at town's community center brings federal civil rights claim and wins a portion of her Fourth Circuit appeal from an order dismissing the case" reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued that day. On remand, following discovery, the federal district court granted summary judgment against the plaintiff on her equal protection claim. Today, however, a unanimous three-judge Fourth Circuit panel, by means of a non-precedential ruling, has reversed the grant of summary judgment and has remanded the case for trial. As a result, it appears that the U.S. District Court for the Western District of North Carolina, at Asheville, will soon need to conduct a "dirty dancing"-related trial. And another Fourth Circuit appeal in this case could result therefrom. "US murky on judges' role in reviewing Guantanamo Bay cases": The Associated Press provides a report that begins, "The Bush administration assured the Supreme Court last December that Guantanamo Bay prisoners who felt they were unfairly being detained could have their cases thoroughly reviewed by a federal appeals court. Now, it's not so clear." Posted at 03:00 PM by Howard Bashman "Abortion ultrasound bill fails on tie vote": The Miami Herald provides a news update that begins, "A proposed law requiring all Florida women seeking an abortion to have an ultrasound -- then have a chance to view the image and have it explained to her -- failed in a tie vote Wednesday after almost 90 minutes of impassioned debate about privacy, pregnancy and women's rights that crossed party lines." Posted at 12:47 PM by Howard Bashman "People of Lesbos take gay group to court over term 'Lesbian'": The Associated Press provides a report that begins, "A Greek court has been asked to draw the line between the natives of the Aegean Sea island of Lesbos and the world's gay women." Posted at 12:10 PM by Howard Bashman Best wishes to the anonymous author of the "Decision of the Day" blog: As this post from today indicates, the blog may have reached its conclusion. Posted at 11:48 AM by Howard Bashman "Circuit Court will make rare Albany sitting": The Times Union of Albany, New York today contains an article that begins, "Court junkies, take notice. For the first time in recent memory, the U.S. Court of Appeals for the 2nd Circuit -- an appellate court in the federal system -- is coming to Albany next month to hear cases." According to the article, this marks the first time since 1994 or 1995 that the Second Circuit has heard oral argument outside of New York City. Posted at 11:22 AM by Howard Bashman Second Circuit holds that the Protection of Lawful Commerce in Arms Act requires dismissal of New York City's lawsuit, against manufacturers and wholesale sellers of firearms, seeking injunctive relief to inhibit the diversion of guns into illegal markets: You can access today's ruling, by a divided three-judge panel, at this link. At the blog "Wait A Second!" Stephen Bergstein discusses the ruling in a post titled "Statute prohibiting lawsuits against gun industry is constitutional." Update: The Associated Press reports that "Appeals court tosses out NYC lawsuit against gun industry." "Justices come off the bench to chat; Possibly signaling a new era of openness, Scalia and several court colleagues are granting interviews": James Oliphant has this article today in The Chicago Tribune. Posted at 11:08 AM by Howard Bashman "Bin Laden's driver 4th to boycott military trials; Despite a judge's pleas, Osama bin Laden's driver Salim Hamdan apologetically declared a boycott of his trial at Guantanamo Bay": Carol Rosenberg has this article today in The Miami Herald. The Washington Post reports today that "Guantanamo Detainee Rejects Court Procedure." And The New York Times contains an article headlined "An Apologetic Boycott in Good-Natured Banter." "Florida abortion bill debate gets hypothetical; The Senate debate over a bill that would require women seeking abortions to first pay for a sonogram turned to hypothetical scenarios": This article appears today in The Miami Herald. Posted at 09:30 AM by Howard Bashman "Supreme Court is rejecting broad legal challenges; Its ruling on Indiana's voter ID law signals that the justices want evidence of actual violations of constitutional rights": David G. Savage has this article today in The Los Angeles Times. Posted at 09:25 AM by Howard Bashman "State Asks Supreme Court to Permit Execution; Defense Objects to Lethal Drug Protocol": Today in The Washington Post, Robert Barnes has an article that begins, "The U.S. Supreme Court will consider next month whether to allow Virginia to set an execution date for a death row inmate who contends that the commonwealth's lethal injection procedures do not meet the standards that the court recently found constitutional." Posted at 09:22 AM by Howard Bashman "Lawyer Urges Canada to Try a Citizen Held by U.S. Forces": This article appears today in The New York Times. The Toronto Globe and Mail reports today that "Khadr a typical Canadian, lawyer says; In first appearance before parliamentary committee, defence team pushes for repatriation of Canadian accused of killing U.S. soldier." And The Toronto Star contains an article headlined "Canada is Khadr's 'only hope'; Accused war criminal wouldn't be a risk if returned, his U.S. military lawyer tells Commons committee." "Judge Dismisses Connecticut's Challenge to Education Law": The New York Times today contains an article that begins, "A federal judge has dismissed a closely watched challenge to President Bush's signature education law, ruling that the State of Connecticut failed to prove that federal officials had forced it to spend its own money to comply with the law’s requirements." And The Hartford Courant reports today that "Last Of State's No-Child Suit Dismissed." You can access at this link Monday's ruling of the U.S. District Court for the District of Connecticut. "Montana Museum Board Breached Duty, Court Says": Today's edition of The New York Times contains an article that begins, "The Montana Supreme Court dismissed on Tuesday the board of the Charles M. Bair Family Museum in Martinsdale, Mont., saying it breached its fiduciary duties by closing the museum in 2002." The Billings Gazette reports today that "Board erred in closing Bair museum, high court rules; Ruling orders trustee to replace board members." And The Great Falls Tribune reports today that "Ruling will keep Bair home open." You can access yesterday's ruling of the Supreme Court of Montana at this link. In addition, the briefs filed in the case can be accessed via this link. "Foreign Law and the First Amendment: How British courts threaten free speech in America." Floyd Abrams has this op-ed today in The Wall Street Journal. Posted at 08:40 AM by Howard Bashman "Judicial Nominee Argued Against Education Dept." Today in The New York Sun, Joseph Goldstein has an article that begins, "A lawyer who recently argued a case at the U.S. Supreme Court against the city's Department of Education has been nominated for a federal judgeship in New York." And today in The Salt Lake Tribune, Pamela Manson reports that "Bush picks SLC trial lawyer Waddoups for federal judgeship." You can view the official announcement of yesterday's federal judicial nominations at this link. "Rambus Wins on Shredding Appeal": law.com provides this report. And Reuters reports that "Rambus says court sides with it in Samsung suit." You can access yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. "Tension Mounts Over U.S. Bench Vacancies; A total of 28 nominees await approval; some deals are being made": Pamela A. MacLean has this article in this week's issue of The National Law Journal. Posted at 08:09 AM by Howard Bashman "Kennedy v. Louisiana and the Lessons of a Supreme Court Oral Argument": Sherry F. Colb has this essay online today at FindLaw. Posted at 08:05 AM by Howard Bashman Tuesday, April 29, 2008 "Port Authority Liable in 1993 Trade Center Attack": The New York Times on Wednesday will contain an article that begins, "A state appeals court ruled on Tuesday that the Port Authority was liable for damages caused by the 1993 World Trade Center bombing, because it knew about but chose to ignore 'an extreme and potentially catastrophic vulnerability that would have been open and obvious to any terrorist who cared to investigate and exploit it.'" And The Associated Press reports that "Agency loses appeal in 1993 World Trade Center bombing case." You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link. "State appeals ceded lands ruling to U.S. Supreme Court": The Honolulu Star-Bulletin provides this news update. And The Honolulu Advertiser provides a news update headlined "State appeals ceded lands ruling." "Sun-Times, Trib ask court to unseal R. Kelly documents, proceedings": The Chicago Sun-Times today contains an article that begins, "News organizations asked the Illinois Supreme Court on Monday to order a judge to unseal court documents and proceedings in R&B star R. Kelly’s child pornography case." Posted at 11:00 PM by Howard Bashman "Judge in veil case to issue written ruling; Woman takes case to federal court; lawyer says rights violated": The Detroit Free Press provides a news update that begins, "A Muslim woman who lost a small-claims suit in Hamtramck district court in 2006 after she refused to remove her religious veil during testimony took her case before a federal judge today, hoping to overturn the district judge's decision and establish precedent in eastern Michigan courtrooms." Posted at 08:32 PM by Howard Bashman "A timely reminder from Justice Stevens: Supreme Court's voter ID ruling underscores high stakes for new president." Tom Curry, national affairs writer for MSNBC, provides this report. Posted at 08:10 PM by Howard Bashman "Va. Supreme Court to revisit divisive spam case; It upheld convictions but will consider constitutional issue": The Richmond Times-Dispatch today contains an article that begins, "The Supreme Court of Virginia yesterday agreed to a limited rehearing of its closely divided decision upholding the first felony spam convictions in the country." My earlier coverage of the Supreme Court of Virginia's original 4-3 ruling in this case, issued February 29, 2008, appears here and here. Yesterday's order granting rehearing on specified issues can be accessed at this link. "O'Connor to hear cases as visiting judge to Hub court; Ex-justice to serve US appeals court": The Boston Globe today contains an article that begins, "She left the nation's highest court two years ago, but retired US Supreme Court justice Sandra Day O'Connor evidently still likes to hear lawyers make arguments before her. And where better than Boston to watch members of the bar mix it up? O'Connor is scheduled to serve as a visiting judge today on the US Court of Appeals for the First Circuit at the John Joseph Moakley Courthouse, said Susan Goldberg, deputy circuit executive." And today in The Providence (R.I.) Journal, Edward Fitzpatrick reports that "O’Connor back on the bench." "Gettysburg trip changed perspective of Supreme Court justice": Mark Sherman of The Associated Press has a report that begins, "A trip to the Gettysburg battlefield changed Supreme Court Justice David Souter's perspective on handling difficult cases that inevitably come a judge's way. In a rare public address Tuesday, Souter admitted that at least one Supreme Court case -- he didn't name it -- once prompted him to ask, 'Why do I have to resolve that case?'" Posted at 06:05 PM by Howard Bashman "Court: FDA should address restaurant calorie listings issue." The Associated Press provides a report that begins, "A federal appeals court said Tuesday it wants to hear the Food and Drug Administration's position on whether its rules permit cities to force restaurants to display calorie counts for their menu items." Posted at 05:11 PM by Howard Bashman "Law Restricting College Aid for Drug Offenders Upheld": At "The School Law Blog" of Education Week, Mark Walsh has a post that begins, "A federal appeals court has rejected a constitutional challenge to a federal law that restricts, and in some cases bars, students with drug convictions from participation in federal college aid programs." You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "Terror trials rushed, officer charges; Former Pentagon prosecutor testified that political pressure demanded speedier, less transparent trials": Carol Rosenberg has this article today in The Miami Herald. The Washington Post today contains a front page article headlined "From Chief Prosecutor To Critic at Guantanamo." And The New York Times reports today that "Ex-Prosecutor Tells of Push by Pentagon on Detainees." "Abortion bill heads to vote; The Florida Senate will decide Tuesday whether ultrasound scans should be required for women seeking abortions": This article appears today in The Miami Herald. Posted at 10:01 AM by Howard Bashman "U.S. admits negligence in detainee's death": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The federal government has admitted that its negligence was responsible for the death of an illegal immigrant who pleaded during 11 months in custody for treatment for a condition that proved to be terminal penile cancer." Posted at 10:00 AM by Howard Bashman "High Court Upholds Indiana Law On Voter ID; 6-3 Ruling Calls Measure Reasonable to Fight Fraud": Robert Barnes has this front page article today in The Washington Post. The newspaper also contains an editorial entitled "Carded at the Polls: Indiana's voter ID law is ruled constitutional; it's still a bad solution to a nonproblem." Today in The Los Angeles Times, David G. Savage reports that "Voter ID law upheld; The high court's ruling that a photo can be required is a victory for Republicans." The newspaper also contains an editorial entitled "Supreme Court OKs voter ID: By upholding the Indiana law, the court tarnishes its record of promoting democracy." In USA Today, Joan Biskupic and Richard Wolf report that "Ruling may spur more voter ID laws; Justices uphold Indiana photo requirement." James Oliphant of The Chicago Tribune reports that "Indiana voter ID ruling is victory for GOP; Critics fear open door to partisan election rules." Warren Richey of The Christian Science Monitor reports that "U.S. high court upholds voter photo I.D.; Monday's ruling gives a green light to aggressive antifraud efforts often favored by the GOP." The Boston Globe reports that "Supreme Court upholds voter ID law; Justices say states can make checks at polling places." law.com's Tony Mauro reports that "Supreme Court Upholds Indiana Voter ID Law." The Washington Times reports that "Court upholds requisite ID at voter polls." The Indianapolis Star reports that "High court lets state voter ID law stand; 6-3 decision could pave way for similar rules across U.S." The Louisville Courier-Journal reports that "Supreme Court backs Indiana's photo ID law for voters; Justices: Photo rule no big burden." The Fort Wayne Journal Gazette reports that "Voter ID law upheld by justices; Decision avoids rush to rewrite statute before May 6 primary." The Times of Munster, Indiana reports that "U.S. Supreme Court upholds Voter ID Law." Yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Ruling on Voter ID Law May Spur Tighter State Regulation" (transcript with links to audio and video) featuring Marcia Coyle. From National Public Radio, today's broadcast of "Morning Edition" contained an audio segment entitled "Supreme Court Upholds Indiana's Voter ID Law" featuring Nina Totenberg. Yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "High Court Supports Indiana Voter ID Law" also featuring Nina Totenberg. And yesterday's broadcast of "Day to Day" contained an audio segment entitled "Supreme Court Approves Voter ID Requirement" featuring Dahlia Lithwick. RealPlayer is required to launch these audio segments. In commentary, The New York Times contains an editorial entitled "The Court Fumbles on Voting Rights." Finally, The Wall Street Journal contains an editorial entitled "Photo Finish," while John Fund has an op-ed entitled "A Victory Against Voter Fraud." "Lawmaker Threatens Subpoenas for Aides; Officials Spurn Hearing on Torture": This article appears today in The Washington Post. Posted at 09:17 AM by Howard Bashman "Getting Away With Torture: Legal maneuvering has shielded those responsible for conditions at Guantanamo Bay." Dahlia Lithwick has this essay in the May 5, 2008 issue of Newsweek. Posted at 09:15 AM by Howard Bashman "Could Constitutional Flaw Unravel Eight Years of Patent Board Rulings?" Marcia Coyle has this article in this week's issue of The National Law Journal. Via the blog "Patently-O," you can access at this link the petition for writ of certiorari that is the subject of this article. Posted at 09:10 AM by Howard Bashman "A New Look at Race When Death Is Sought": Today's issue of The New York Times contains this new installment of Adam Liptak's "Sidebar" column. Posted at 09:02 AM by Howard Bashman "Justice lashes out at GOP state senators": The Philadelphia Inquirer today contains a front page article that begins, "State Supreme Court Chief Justice Ronald D. Castille has toughened his criticism of Senate Republicans for not acting on four interim appointments to state appellate courts, and dismissed their arguments about diversity as 'misplaced.'" And earlier this month, The Patriot-News of Harrisburg, Pennsylvania published an article headlined "Top justice backs Rendell on 4 appellate nominees." Monday, April 28, 2008 "In a 6-to-3 Vote, Justices Uphold a Voter ID Law": Linda Greenhouse will have this article Tuesday in The New York Times. Tomorrow's newspaper will also contain an article headlined "Decision Is Likely to Spur Voter ID Laws in More States." Parts two and three of National Public Radio's interview with Justice Antonin Scalia: Part two appeared on today's broadcast of "Day to Day" in an audio segment entitled "Justice Scalia: Be Likeable and Avoid Contractions." And part three appeared on this evening's broadcast of "All Things Considered" in an audio segment entitled "Scalia Vigorously Defends a 'Dead' Constitution." Both segments featured Nina Totenberg, and RealPlayer is required to launch these audio segments. Earlier today, I linked here to part one of this three-part interview. Carol Rosenberg of The Miami Herald is reporting: Today she has articles headlined "Bin Laden driver scruffy, threatens boycott" and "Alleged al Qaeda plotters consult Navy lawyers." Update: The Associated Press reports that "Bin Laden former driver refuses to participate in trial." "Supreme Court Upholds Ind. Voter ID Law": Robert Barnes of The Washington Post has this news update. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds Indiana's voter ID law; Republicans have pushed for such laws in an effort to combat 'voter fraud'; Democrats have argued they are attempts to discourage elderly and poor people from casting ballots." Michael Doyle of McClatchy Newspapers has an article headlined "Supreme Court: States can require voter IDs." The Indianapolis Star provides a news update headlined "Supreme Court upholds Indiana voter ID law." At "The Swamp" blog of The Chicago Tribune, James Oliphant has a post titled "Supreme Court upholds 'Voter ID' law." Greg Stohr of Bloomberg News reports that "Voter-Identification Law Upheld by U.S. Supreme Court." And James Vicini of Reuters reports that "Top court upholds photo ID voting law." "Making Your Case: The Art of Persuading Judges." ABA Journal has posted online at this link substantial excerpts from the new book by Antonin Scalia and Bryan A. Garner. And ABA Journal has also posted online an mp3 podcast interview with the authors, which you can access online at this link or download for listening later via this link (25.0 MB mp3 audio file). "Justice Scalia, the Great Dissenter, Opens Up": This audio segment (RealPlayer required; view transcript at this link) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." This is the first of a three-part interview that NPR will be broadcasting. "Victims of Genital Mutilation Face Deportation": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal appeals court in Manhattan will hear arguments tomorrow on whether three women who were forced to undergo genital mutilation in West Africa should be granted safe harbor in America." Posted at 10:47 AM by Howard Bashman "Court rejects voter ID challenge; no new grants": Lyle Denniston has this post at "SCOTUSblog." Today's lone ruling of the U.S. Supreme Court in an argued case issued in Crawford v. Marion County Election Board, No. 07-21. Justice John Paul Stevens announced the judgment of the Court and issued an opinion in which the Chief Justice and Justice Anthony M. Kennedy joined. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined. Justice David H. Souter issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. And Justice Stephen G. Breyer issued a dissenting opinion. You can access the decision at this link and the oral argument transcript at this link. In early news coverage, Mark Sherman of The Associated Press reports that "Supreme Court upholds photo ID law for voters in Indiana." And you can access today's Order List at this link. "Suing the DA: Should prosecutors be immune from civil lawsuits?" Online at Reason, Radley Balko has an essay that begins, "Last week, the U.S. Supreme Court agreed to hear the case of Thomas Goldstein, an ex-marine who was convicted of murdering his neighbor." Posted at 08:57 AM by Howard Bashman "Unusual Nonsense: The Supreme Court's continued failure to rationalize its decisions about cruel and unusual punishment." Benjamin Wittes has this essay online today at The New Republic. Posted at 08:55 AM by Howard Bashman "Lawyers Fear Monitoring in Cases on Terrorism": The New York Times today contains an article that begins, "Thomas Nelson, an Oregon lawyer, has lived in a state of perpetual jet lag for the last two years. Every few weeks, he boards a plane in Portland and flies to the Middle East to meet with a high-profile Saudi client who cannot enter the United States because he faces charges here of financing terrorism. Mr. Nelson says he does not dare to phone this client or send him e-mail messages because of what many prominent criminal defense lawyers say is a well-founded fear that all of their contacts are being monitored by the United States government." Posted at 08:25 AM by Howard Bashman "The ABA's 'Diversity' Diktat: How the American Bar Association mandates discrimination in our law schools." Gail Heriot has this op-ed today in The Wall Street Journal. Posted at 08:20 AM by Howard Bashman Sunday, April 27, 2008 "Justice Scalia On The Record: 60 Minutes' Lesley Stahl Interviews The Justice About His Life And Career." CBS News has posted online this transcript (for the single-page print version of the transcript, click here) of tonight's interview of Justice Antonin Scalia on "60 Minutes." CBS News has also posted online the video of this evening's "60 Minutes" interview in two parts: part one and part two. "Scalia opens up on '60 Minutes'": The Associated Press provides this report. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Scalia Speaks Out." Saturday, April 26, 2008 "Sniper Fights Death Sentence; Lawyers Argue Muhammad Had Mitigating Factors": The Washington Post contains this article today. Posted at 11:54 PM by Howard Bashman "South Dakota to Revisit Restrictions on Abortion": This article appears today in The New York Times. Posted at 11:45 PM by Howard Bashman "Letters Give C.I.A. Tactics a Legal Rationale": The New York Times on Sunday will contain an article that begins, "The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law." The letters referenced in the article can be accessed here, here, here, and here. "Top court puts leash on random searches by sniffer dogs": The Toronto Globe and Mail today contains an article that begins, "The Supreme Court of Canada jettisoned evidence of narcotics detected by sniffer dogs at an Alberta bus terminal and an Ontario high school because the individuals involved had a reasonable expectation of privacy. The majority of the court in a pair of 6-3 decisions yesterday said police must have a reasonable suspicion an individual has a narcotic before they can conduct a search with sniffer dogs. The rulings, which featured an unusually factionalized court and starkly differing constitutional visions, provides guidelines to police for sniffer-dog searches in public places such as malls and stadiums." The Toronto Star reports today that "Random searches curbed; Bringing in sniffer dogs without justification violates privacy rights, Supreme Court rules." The Sarnia Observer contains articles headlined "Search deemed unlawful" and "Supreme Court got it right; Supreme court says police actions were 'unjustifiable.'" The London Free Press contains an article headlined "Hands off backpacks." The Edmonton Sun contains an article headlined "'Power to dealer'; Parents' group slams court ruling on sniffer dogs." The Vancouver Sun reports that "Muzzling of sniffer dog use won't alter private business; There's still money in detecting illegal materials in buildings, ships, trucks." Canwest News Service reports that "Supreme Court muzzles sniffer dogs." CBC News provides a report headlined "Random use of police sniffer dogs breaches charter: top court." Reuters reports that "Canada's high court limits drug-sniffing dogs." Bloomberg News reports that "Canadian Police Barred From Random School Searches by Top Court." And Agence France-Presse reports that "Canada high court rules police dog's sniff is unlawful search." You can access here and here yesterday's rulings of the Supreme Court of Canada. "John Demjanjuk's lawyer files appeal of deportation with U.S. Supreme Court": This article appears today in The Cleveland Plain Dealer. Posted at 03:02 PM by Howard Bashman "Detainees' Mental Health Is Latest Legal Battle": The New York Times today contains a front page article that begins, "Next month, Salim Ahmed Hamdan, a Yemeni who was once a driver for Osama bin Laden, could become the first detainee to be tried for war crimes in Guantanamo Bay, Cuba." Posted at 11:44 AM by Howard Bashman Friday, April 25, 2008 "Stock Holdings May Force Justices to Sit Out Apartheid Case": Today in The Daily Journal of California, Brent Kendall has a front page article that begins, "When the U.S. Supreme Court meets today in a private conference, it could face the mother of all recusal problems for justices who own stocks." Posted at 11:50 PM by Howard Bashman "Opponents Challenge Death Penalty in Florida": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 11:40 PM by Howard Bashman "How Dumb Are We? How long will women shoulder the blame for the pay gap?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 11:38 PM by Howard Bashman Reading Phillies 3, Connecticut Defenders 2: My son and I traveled to Reading, Pennsylvania this evening to watch the Reading Phillies -- the AA Eastern League affiliate of the Philadelphia Phillies -- host the Connecticut Defenders -- the AA Eastern League affiliate of the San Francisco Giants. Not only did the game feature a Chase Utley bobblehead doll giveaway, but Phillies center fielder Shane Victorino was on rehab assignment to Reading and started the game. As luck would have it, our seats were in the front row along the first base line just past the base, so my son obtained Victorino's signature on a baseball as Shane was heading back to the dugout after his pre-game warmups. Victorino went one-for-three at the plate and tracked down some well-hit balls in the outfield. He did not seem to be experiencing any lingering effects of the leg injury that put him on the disabled list. Trailing the game 2-1 at the end of the first inning, Reading scored two runs on a home run in the bottom of the 7th inning and held on to win 3-2. You can view the box score at this link, while wraps are available here and here. My son and I are likely to see Victorino again on Sunday, when we travel to the Allentown, Pennsylvania region to watch the Lehigh Valley IronPigs -- AAA affiliate of the Phillies -- host the Rochester Red Wings -- the AAA affiliate of the Minnesota Twins -- in an International League match-up. But it won't be until Wednesday that I retrieve our next Phillies-related bobblehead doll. And by then, Shane Victorino should be back with the major league Phillies. "Court says Neuqua student can wear anti-gay T-shirt": This article appears today in The Daily Herald of Arlington Heights, Illinois. My earlier coverage of Wednesday's Seventh Circuit ruling appears at this link. "Chief Justice Names New Executive Committee Chairman": The Administrative Office of the U.S. Courts today issued a news release that begins, "Chief Justice John G. Roberts, Jr. has appointed Anthony J. Scirica, the Chief Judge of the United States Court of Appeals for the Third Circuit, to be chairman of the Executive Committee of the Judicial Conference of the United States." Posted at 12:05 PM by Howard Bashman "Official defends VA's mental health effort": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Department of Veterans Affairs' top health official, testifying in a lawsuit by veterans' groups that accuse the VA of inept mental health care, cautioned Thursday against overstating the problem of mental illness among returning troops and said most patients are satisfied with their treatment." Posted at 10:07 AM by Howard Bashman "New trial ordered on San Bernardino strip club; The Flesh Club says San Bernardino misled a judge in 1995, leading to an injunction against nude dancing": The Los Angeles Times today contains an article that begins, "The state Supreme Court ruled Thursday that a new trial be held to determine if the city of San Bernardino intentionally misled a judge during its battle to close down a notorious strip club that officials said was actually a brothel." The Press-Enterprise of Riverside, California reports today that "New hearing ordered for Flesh Club; The court focuses on whether the judge received needed information." And The San Bernardino County Sun reports that "Flesh Club victory on hold; State high court sends case back to trial court." You can access yesterday's ruling of the Supreme Court of California at this link. "Effort intensifies for same-sex marriage ban": Today's edition of The San Francisco Chronicle contains an article that begins, "The battle over same-sex marriage in California heated up Thursday, when supporters of an initiative to ban it in the state's Constitution submitted more than 1.1 million signatures in an effort to qualify the measure for the November ballot." Posted at 10:00 AM by Howard Bashman "Court reduces Genentech damages in royalty suit": Bob Egelko and Bernadette Tansey have this article today in The San Francisco Chronicle. And law.com reports that "$300 Million Award Stands Against Genentech, but $200 Million in Punitives Get Tossed; Case drew national attention when jurors hit Genentech with huge damages for allegedly cheating center of billions in royalties." My earlier coverage of yesterday's ruling of the Supreme Court of California appears at this link. "Domenici Rebuked for Call to U.S. Attorney Before Election": This article appears today in The Washington Post. Posted at 09:47 AM by Howard Bashman "The War on Terror Is Not a Crime: Bush antiterror policies have been repeatedly vindicated in the courts." David B. Rivkin Jr. and Lee A. Casey have this op-ed today in The Wall Street Journal. Posted at 09:35 AM by Howard Bashman "Damages reach $35 million in '01 Bridgeport fire; The Bridgeport business blaze led to a class-action suit; The last of 16 defendants agreed to settle for $1 million": This article appears today in The Philadelphia Inquirer. Earlier this month, I began working as appellate counsel for what was then the only non-settling defendant in the case. Posted at 09:27 AM by Howard Bashman "If a drug has FDA's OK, should you be able to sue? Allow litigation, but make it hard to win cases against drugmakers." USA Today contains this editorial today. The newspaper also contains an op-ed by Diane Bieri, senior vice president and general counsel of PhRMA, entitled "Let FDA do its job: Exposing drug companies to huge damages is unfair, harms patients." "Does a Minority Religion Have a Right to Join Majority Religions in Placing Its Own Monument in a Public Park? The Supreme Court Opts to Resolve the Question." Vikram David Amar and Alan Brownstein have this essay online at FindLaw. Posted at 09:05 AM by Howard Bashman Thursday, April 24, 2008 "New guidelines cut sentences for 3,000 crack offenders": Lara Jakes Jordan of The Associated Press has a report that begins, "More than 3,000 crack cocaine convicts have had their prison sentences cut since the federal government eased harsh penalties for drug crimes overwhelmingly committed by blacks. A U.S. Sentencing Commission study released Thursday says it is not immediately clear how many offenders have actually been released from custody after having their sentences reduced." Posted at 05:20 PM by Howard Bashman "Scalia On Bush v. Gore: Get Over It! Supreme Court Justice Tells 60 Minutes It’s Nonsense To Say The Decision Was Politically Motivated." CBS News provides this report. You can view a related video segment by clicking here. And in related coverage, The Associated Press provides a report headlined "Scalia: I'm conservative, but not biased." This Sunday's broadcast of "60 Minutes" will feature Lesley Stahl's interview of Justice Antonin Scalia. "How is an immigration judge to sift honest, persecuted aliens from those who are feigning?" Chief Judge Frank H. Easterbrook today issued this quite interesting ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Posted at 03:55 PM by Howard Bashman "Court Rules Foreign Prisoners Can't Sue State": Joseph Goldstein of The New York Sun has a news update that begins, "Foreign nationals arrested in New York City but never not told of their right to communicate with their consulate can’t sue for money damages, a federal appeals court ruled this morning." My earlier coverage of today's Second Circuit ruling appears at this link. Former Illinois state prisoner has a blog, and -- thanks to a ruling that the Seventh Circuit issued today -- he now also has a viable RLUIPA claim against prison officials who refused to accommodate his request for a non-meat diet: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. In an entertaining concurring opinion that questions the value of the former prisoner's claim, Circuit Judge Terence T. Evans cites to the plaintiff's blog. "Court spares salmon-scarfing sea lions; A federal appeals court injunction issued Wednesday says Northwest states can trap, but not kill, the animals": The Oregonian today contains this article reporting on an order that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued late yesterday. Posted at 02:55 PM by Howard Bashman "Genentech Must Pay $300 Million Award, Court Rules": Bloomberg News provides a report that begins, "Genentech Inc., the world's second- largest biotechnology company, must pay $300 million to a nonprofit medical research center seeking royalty payments for genetically engineered human insulin, a California court ruled. The California Supreme Court in San Francisco today said the company didn't have to pay another $200 million in punitive damages to City of Hope National Medical Center." Reuters reports that "Court upholds $300 mln of award against Genentech." And The Associated Press reports that "Court cuts $200M from royalty judgment against Genentech." You can access today's ruling of the Supreme Court of California at this link. Earlier today, I previewed the ruling in a post you can access here. "Lawyer fears 9/11 mastermind trial will be 'insanity'": CNN.com provides a report that begins, "Prescott Prince is a small-town lawyer who has never taken a death penalty case to trial. Yet he finds himself involved in one of the biggest capital punishment cases this century: He's defending the alleged mastermind of the September 11, 2001, terror attacks, Khalid Sheikh Mohammed." And this past Sunday's edition of The Idaho Statesman contained an article headlined "9/11 trial will test Boise attorneys; Defense team members David Nevin and Scott McKay will be ‘making sure the government plays by the rules’ in the case of Khalid Sheikh Mohammed." Second Circuit holds that the United States' alleged violation of the obligation under Article 36 of the Vienna Convention to inform detained aliens of the prospect of consular notification and access cannot be vindicated by a private action for damages: You can access today's ruling at this link. Posted at 11:30 AM by Howard Bashman "Accused writer of threatening letters enters not guilty plea": The Associated Press provides a report that begins, "A man suspected of writing racially hateful letters to blacks, including U.S. Supreme Court Justice Clarence Thomas and New York Yankees shortstop Derek Jeter, pleaded not guilty in federal court Thursday." Posted at 11:04 AM by Howard Bashman Supreme Court of California to issue its ruling today in City of Hope Nat. Medical Center v. Genentech, Inc. At issue in the case: When an inventor or researcher entrusts a new idea or discovery to another under an arrangement providing for the other party to develop, patent, and commercially exploit the idea or discovery in return for royalties to be paid to the inventor or researcher, does a fiduciary relationship arise between the two parties, a breach of which may support tort, and in an appropriate case punitive, damages, or should the arrangement be treated like an ordinary contractual agreement, a breach of which supports only contract and not punitive damages?After California's highest court agreed to review the case in 2005, Bob Egelko of The San Francisco Chronicle had an article headlined "State's highest court steps in; Genentech dispute over royalties to be heard by justices." Some additional background on the case can be accessed here and here. Ironically, the law firm that employs the lawyers who write the "California Punitive Damages" blog represents the plaintiff seeking to uphold an award of $200 million in punitive damages in this case, showing just how difficult it is for a law firm to be anti-punitive damages all day, every day, without exception. "Republican Senators Block Pay Discrimination Measure": This article appears today in The New York Times. The Washington Post reports today that "Senate Republicans Block Pay Disparity Measure." The Los Angeles Times reports that "Democrats fall short on pay discrimination bill; They fail to overturn a threatened GOP filibuster in the Senate on legislation that would allow more time for employees to file lawsuits in such cases." And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Senate Debates Reversing High Court Pay Ruling" (RealPlayer required). "Bush lawyer tangles with judge over wiretaps; Attorney won't say if Congress can limit president's power": Bob Egelko has this article today in The San Francisco Chronicle. And The Associated Press reports that "U.S. Islamic group argues against warrantless wiretaps." "Caseload, Marital Problems Raised as Factors in Judge's Tirade Over Courtroom Cell Phone; Attorney: Judge's case is chance for N.Y. high court to address for the first time the issue of 'judicial burnout and stress.'" law.com provides this report. Yesterday's edition of The Buffalo News reported that "Niagara Falls judge fights to remain on bench; Restaino's attorney argues on his behalf before State Court of Appeals in Albany." And yesterday's edition of The Niagara Gazette contained an article headlined "Restaino: Awaiting final judgment; State Court of Appeals hears final plea to keep City Court judge on bench." "Court Hears Arguments on Burden of Proof in Age Suits": Linda Greenhouse has this article today in The New York Times. Posted at 09:35 AM by Howard Bashman "Would you believe?" The Associated Press reports that "Florida lawmakers debate offering a Christian license plate." And earlier this month, The Miami Herald reported that "Officials believe new tag should contain cross; Florida lawmakers may approve a new license that includes a cross and the words 'I Believe.'" In the current issue of The Harvard Law Record: The publication contains articles headlined "HLS Wins National Appellate Advocacy Competition" and "ATL's Lat Muses About Professional Responsibility." Posted at 09:15 AM by Howard Bashman "Parents of slain boy drop lawsuit against NAMBLA; Witness incompetent to testify, judge rules": Today's edition of The Boston Globe contains an article that begins, "The parents of Jeffrey Curley, the 10-year-old Cambridge boy raped and smothered by two men who lured him into a car, have dropped their federal lawsuit against a group that advocates sex between men and boys, which the parents contended had incited their son's 1997 murder." Posted at 09:00 AM by Howard Bashman Second Circuit allows New York City residents to remain fat and stupid, until at least next Tuesday: Today's edition of The New York Times contains an article headlined "City Order to List Calories Is Delayed for Appeal" that begins, "A federal appeals judge on Wednesday delayed the enforcement of new city rules requiring calorie counts to be posted alongside prices in some restaurants. The delay, ordered by Judge Robert A. Katzmann, is only until Tuesday, when he said a three-member panel of the Second Circuit Court of Appeals would hear oral arguments on continuing the delay. The rules had been scheduled to take effect on Saturday." Posted at 08:52 AM by Howard Bashman "States rushing to make room for DNA samples; Hiring, building booms precede expansion of genetic collections": This article appears today in USA Today. Posted at 08:47 AM by Howard Bashman "Five Decades of Fighting Over the Constitutionality of the Death Penalty: What Can We Learn from This Lengthy War?" Edward Lazarus has this essay online today at FindLaw. Posted at 08:40 AM by Howard Bashman "Appeals court hears debate on 'Be Happy, Not Gay' T-shirt": Earlier this month, The Daily Herald of Arlington Heights, Illinois published an article that begins, "A federal appeals court heard arguments from attorneys today that could determine whether a Neuqua Valley High School sophomore will be allowed to wear a previously banned anti-gay T-shirt at school. The expedited appeals hearing was requested because of Alexander Nuxoll's desire to wear a shirt bearing the message 'Be Happy, Not Gay' during April 28's National Day of Truth at his Naperville school. The Christian-based event follows the pro-gay National Day of Silence held this year April 25." Late yesterday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued its decision (in typescript format) in the case. By a vote of 3-0, the panel enters a preliminary injunction allowing Nuxoll to wear the T-shirt. The majority, in an opinion by Circuit Judge Richard A. Posner in which Circuit Judge Michael S. Kanne has joined, views the issue of whether to grant a preliminary injunction as presenting a very close call. Circuit Judge Ilana Diamond Rovner, in an opinion concurring in the judgment, writes "I view this as a simple case." Judge Rovner's must-read opinion stands as a ringing endorsement of the First Amendment rights of young adults in a public school setting. Update: Mark Walsh has this post about yesterday's ruling at "The School Law Blog" of Education Week. Wednesday, April 23, 2008 "CIA Foresaw Interrogation Issues; Agency Considered Investigations 'Virtually Inevitable'": Thursday in The Washington Post, Dan Eggen will have an article that begins, "The CIA concluded that criminal, administrative or civil investigations stemming from harsh interrogation tactics were 'virtually inevitable,' leading the agency to seek legal support from the Justice Department, according to a CIA official's statement in court documents filed yesterday." Posted at 10:40 PM by Howard Bashman "Study: Late judge's court contaminated with mold; A study sought by the family of a judge who died of a lung ailment says his courtroom was contaminated with mold spores." Today in The Miami Herald, Jay Weaver has an article that begins, "A lawyer for the family of late U.S. Magistrate Theodore Klein released a critical report Tuesday that says Miami's historic federal courthouse is plagued with dangerous mold spores, citing the evidence as a basis to sue the government for his death." Posted at 10:17 PM by Howard Bashman Access online the transcripts of today's U.S. Supreme Court oral arguments: You can access the transcript of argument in Metropolitan Life Ins. Co. v. Glenn, No. 06-923, by clicking here. And you can access the transcript of argument in Meacham v. Knolls Atomic Power Laboratory, No. 06-1505, by clicking here. "SCOTUS hits primetime . . ." Dahlia Lithwick has this post at Slate's "Convictions" blog. Posted at 07:44 PM by Howard Bashman "Another justice sits out another case": Mark Sherman of The Associated Press provides this report. Posted at 05:17 PM by Howard Bashman "O'Connor Sees Ethical Deficit in Legal Profession": Josh Gerstein has this article today in The New York Sun. Posted at 03:42 PM by Howard Bashman "High court: Do health insurance plans have conflict of interest? MetLife withdrew the long-term disability benefits of an Ohio woman after she got better." Warren Richey has this article today in The Christian Science Monitor. Posted at 10:57 AM by Howard Bashman "Court allows search and seizure in Virginia case": The Associated Press provides a report that begins, "The Supreme Court has ruled that police can conduct searches and seizures of evidence after arrests that sometimes violate state law." And at "SCOTUSblog," Lyle Denniston has a post titled "Court rules on police search." Today's lone ruling of the U.S. Supreme Court in an argued case issued in Virginia v. Moore, No. 06-1082. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices John Paul Stevens, Anthony M. Kennedy, David H. Souter, Clarence Thomas, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment. You can access the decision at this link and the oral argument transcript at this link. "VA faulted in diagnosing suicide candidates": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Former soldiers are killing themselves at three to seven times the rate of the general population and the Department of Veterans Affairs is failing to diagnose or treat them effectively, a suicide expert testified Tuesday in a lawsuit challenging the VA's mental health system." Posted at 09:15 AM by Howard Bashman "D.C. Circuit Tosses Out FTC's Antitrust Ruling Against Rambus": law.com provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday. Posted at 09:14 AM by Howard Bashman "Judge Dismisses 9/11 Suit Against Former Head of E.P.A." The New York Times contains this article today. My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Supreme Court hears Los Angeles case on a killer's right to confront his victim; Duane Giles' lawyer says secondhand testimony that he'd threatened his ex-girlfriend wasn't admissible because the dead woman couldn't be cross-examined": David G. Savage has this article today in The Los Angeles Times. At "SCOTUSblog," Lyle Denniston has a post titled "An old adage may not apply." In addition, "The Confrontation Blog" has posted two (arguably partisan) accounts of yesterday's oral argument here and here. "After Court Ruling, States to Proceed With Executions": This article appears today in The Washington Post. Posted at 08:50 AM by Howard Bashman "Justices Hear Case of the 'Millionaire's Amendment'": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Justices Assail 'Millionaires' Amendment'; Whether Majority Will Junk Measure Is Not Yet Clear." David G. Savage of The Los Angeles Times reports that "Supreme Court considers the 'millionaire's amendment'; The campaign finance law provision was intended to level the playing field in political races; A decision in June could affect the fall campaign." In USA Today, Joan Biskupic reports that "Justices split over campaign financing; '02 law challenged as free speech violation." law.com's Tony Mauro reports that "Supreme Court Justices Appear Torn Over 'Millionaires' Amendment.'" And The Wall Street Journal contains an editorial entitled "The Millionaire Ruse." "ACLU wins Bible lawsuit; Judge: Distribution during school hours unconstitutional." The Advocate of Baton Rouge, Louisiana today contains an article that begins, "The Tangipahoa Parish School Board violated the First Amendment by allowing Gideons International to pass out pocket Bibles to Loranger fifth-graders during school hours in May, a federal judge ruled Tuesday. Just hours after the decision became public, the School Board voted 8-0 to seek an appeal to the 5th U.S. Circuit Court of Appeals." You can view yesterday's ruling of the U.S. District Court for the Eastern District of Louisiana at this link. "G.O.P. Set to Block Bill Easing Limits on Pay Discrimination Suits": The New York Times today contains an article that begins, "Senate Republicans said on Tuesday that they were confident they would be able to block legislation intended to reverse a Supreme Court ruling last year that established tight time restrictions on lawsuits over pay discrimination." The newspaper also contains an editorial entitled "Pass the Fair Pay Act." The Washington Post reports today that "White House Threatens to Veto Discrimination Bill." The newspaper also contains an editorial entitled "Fair Pay, Fair Play: The Senate should restore workers' ability to sue over pay discrimination, whenever the injustice is discovered." And The Los Angeles Times contains an editorial entitled "Congress fights for fair pay: Proving job discrimination is tough, thanks to the Supreme Court; Lawmakers aim to change that." "Serial killer Daniel Siebert dies of pancreatic cancer on Alabama's Death Row; Daughter of New Jersey victim says justice not served": This article appears today in The Birmingham News. And The Associated Press reports that "Alabama death row inmate who challenged protocol dies." "Court to hear case that could help workers claim benefits": The Associated Press provides a report that begins, "When Wanda Glenn first sought disability benefits from MetLife Inc. in 2000, she 'never in a million years' expected it would end up as a Supreme Court case. But on Wednesday, the justices will hear oral arguments in a dispute that is being closely watched by insurance companies and business groups. Depending on how the justices rule, the case could make it easier for employees to win health and disability benefit payments in court." Posted at 08:20 AM by Howard Bashman "Cruel and Unusual History: The Supreme Court has repeatedly ignored the barbaric history of the death penalty." Gilbert King has this op-ed today in The New York Times. Posted at 08:07 AM by Howard Bashman "Inmate Count in U.S. Dwarfs Other Nations'": Adam Liptak has this article today in The New York Times. Posted at 08:05 AM by Howard Bashman "Butt out, Judicial Qualifications Commission tells high court": Saturday's edition of The St. Petersburg Times contained an article that begins, "No court, not even the state's highest court, can intervene in the affairs of the Judicial Qualifications Commission, attorneys for the JQC said in a sharply worded brief filed Friday with the Florida Supreme Court. The JQC was responding to an unprecedented effort to get the high court to intervene and block the JQC from proceeding against 1st District Court of Appeal Judge Michael E. Allen." You can view the court filings that are the subject of that article here and here. "Springtime for Judges: Democrats are trying to run out the clock on Bush's nominees." This editorial appears today in The Wall Street Journal. Posted at 07:58 AM by Howard Bashman "How to open up our court: Justice Scalia will make a rare TV appearance -- but only to peddle his book; The Supreme Court needs to find more innovative ways to lift its cloak of secrecy." Tony Mauro has this op-ed today in USA Today. Posted at 07:48 AM by Howard Bashman Tuesday, April 22, 2008 "Justices Hear Campaign Finance Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 10:07 PM by Howard Bashman A motion for reconsideration of an order denying or granting class certification, if filed more than ten days after the issuance of that order, does not extend the time for seeking interlocutory appellate review of the order: A three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this ruling today. Posted at 08:15 PM by Howard Bashman "U.S. justices question law on self-funded candidates": James Vicini of Reuters provides this report. Posted at 05:50 PM by Howard Bashman "'Millionaire Amendment' in trouble?" Lyle Denniston has this post at "SCOTUSblog." At his "Election Law" blog, Law Professor Rick Hasen has a post titled "Davis v. FEC: Splitting the Baby?" And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Scalia and the Price of Homes." "Court overturns government's ruling against Rambus": The Associated Press provides a report that begins, "An appeals court on Tuesday overruled a decision by the Federal Trade Commission that Rambus Inc. violated antitrust law, sending the computer-chip designer's shares up almost 4 percent." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. The Associated Press is reporting: Mark Sherman reports that "Supreme Court reviews 'millionaire's amendment.'" The U.S. Supreme Court has posted online at this link the transcript of today's oral argument in Davis v. Federal Election Comm’n, No. 07-320. And Pete Yost reports that "Justices question use of dead woman's statements at trial." The U.S. Supreme Court has posted online at this link the transcript of today's oral argument in Giles v. California, No. 07-6053. Better late than never? A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued an order that states, in full: The Government's unopposed motion to amend the opinion is GRANTED. The opinion published at 451 F.3d 578 (9th Cir. 2006) is amended to delete all mentions of the name "Keith Vercauteren." Accordingly, the phrase "In September 2003, Assistant United States Attorney Keith Vercauteren ("AUSA Vercauteren") . . . " shall be amended to read, "In September 2003, an Assistant United States Attorney ("the AUSA") . . . " All subsequent references to "AUSA Vercauteren" shall be amended to read, "the AUSA."As that order reveals, the opinion being amended today issued in 2006 (June 26, 2006, to be precise), and therefore presumably thousands of bound versions of the Federal Reporter (Third Series) permanently contain (and will continue to contain, despite today's order) Keith Vercauteren's name. Until today, however, his name had not previously appeared here at "How Appealing." Posted at 02:35 PM by Howard Bashman "Supreme Court - The Hottest Docket in Town; Firms Clamor to Be Among the Few To Go Before the Nation's Final Arbiter": Brent Kendall has this very interesting front page article today in The Daily Journal of California. Posted at 12:14 PM by Howard Bashman "NY appeals court: Whitman not liable in Sept. 11 air case." The Associated Press provides a report that begins, "Former EPA chief Christine Todd Whitman cannot be held liable for telling residents near the World Trade Center site that the air was safe to breathe after the 2001 terrorist attacks, a federal appeals court said Tuesday." And at the blog "Wait A Second!" Stephen Bergstein has a post titled "9/11 health claim against Whitman fails." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Laptops fair game for airport customs searches": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Customs agents at U.S. airports don't need any evidence of wrongdoing to search the contents of passengers' laptop computers, a federal appeals court ruled Monday. Reinstating child pornography evidence against a passenger at Los Angeles International Airport, the Ninth U.S. Circuit Court of Appeals in San Francisco said a computer is no different from a suitcase, a car or any other piece of property subject to search at an international border." And law.com reports that "9th Circuit OKs Border Guards' Search of Traveler's Laptop." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "VA stalling on care, judge told at S.F. trial": Bob Egelko has this article today in The San Francisco Chronicle. The Los Angeles Times reports today that "Class-action suit against Veterans Affairs opens; E-mails noting high rate of veteran suicide are shown, but agency says it is doing its best to provide healthcare." And The New York Times contains an article headlined "In Federal Suit, 2 Views of Veterans' Health Care." "Justices Turn Down 11 Death Row Appeals": This article appears today in The New York Times. Posted at 08:45 AM by Howard Bashman "High Court to Hear Uranium Case; Bethesda's USEC Argues to Impose Anti-Dumping Duties on French Firm": Robert Barnes has this article today in The Washington Post. Posted at 08:44 AM by Howard Bashman "Detainees Allege Being Drugged, Questioned; U.S. Denies Using Injections for Coercion": The Washington Post today contains a front page article that begins, "Adel al-Nusairi remembers his first six months at Guantanamo Bay as this: hours and hours of questions, but first, a needle." Posted at 08:37 AM by Howard Bashman "Appellate Argument: An Artist's View." Today's edition of The New York Times contains this new installment of Adam Liptak's "Sidebar" column. It begins, "For three days last week, Chief Justice John G. Roberts Jr. heard arguments in a real court in Washington. Then he came to New York to preside over a fake one -- the finals of the moot court competition at Columbia Law School." Posted at 08:34 AM by Howard Bashman "4th Circuit Ruling Stalls Probe of Saudi Money Transfer": Joseph Goldstein has this article today in The New York Sun. You can access at this link yesterday's non-precedential ruling of the U.S. Court of Appeals for the Fourth Circuit. "High Court Weighs Campaign Finance Amendment": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Today in The New York Sun, Josh Gerstein reports that "9 Will Hear Campaign-Finance Case." And The Washington Post contains an editorial entitled "No Seats for Sale: The Supreme Court should uphold the 'Millionaires' Amendment' governing congressional races." "A defendant's right to confront accusers: How far does it extend? The Supreme Court's answer could affect some murder, domestic-abuse, and child-molestation cases." Warren Richey has this article today in The Christian Science Monitor. Posted at 08:07 AM by Howard Bashman "Justice Thomas, Husker Helper": Tony Mauro has this post (accompanied by this photo) at "The BLT: The Blog of Legal Times." Posted at 07:55 AM by Howard Bashman Monday, April 21, 2008 "Supreme Court rules Internet user has right to privacy": The Newark (N.J.) Star-Ledger provides a news update that begins, "The state Supreme Court ruled today that under the New Jersey Constitution an Internet user has the right to privacy in the subscriber information maintained by the individual's Internet service provider." And The Associated Press reports that "NJ court requires subpoena for Internet subscriber records." You can access today's ruling of the Supreme Court of New Jersey at this link.  
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