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Archived: 06/05/2008 at 22:25:44
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Thursday, June 5, 2008 "KSM in Gitmo: A view of the 'Mastermind.'" Jan Crawford Greenburg has this post at her "Legalities" blog. Posted at 05:08 PM by Howard Bashman "Tabloid Constitutionalism: How a Bill Doesn't Become a Law." Law Professor Brian C.Kalt has posted this article (abstract with links for download) online at SSRN (via "Legal Theory Blog"). The article's abstract begins, "What does it take to get Congress to pass a law? To get a judge to declare a statute unconstitutional? To get your law-review article featured in the National Enquirer? Based on one data point, at least, I can say that two of those three things are difficult. This piece is a follow-up to my 2005 Georgetown Law Journal article, The Perfect Crime. Back then, I argued that there is a fifty-square-mile swath of Idaho - a so-called zone of death - where one can commit crimes with impunity." "Appeals court says apartment owner can sue Jupiter": The Associated Press provides a report that begins, "The federal appeals court in Atlanta says a landlord can sue the city of Jupiter, Fla., for alleged discrimination against Hispanic immigrant tenants through overly aggressive enforcement of the building code." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. "Court upholds NY judge's removal for jailing 46": The Associated Press provides a report that begins, "New York's top court has upheld the removal of a Niagara Falls city court judge who jailed 46 people after no one would own up to a cell phone that rang in court." You can access today's ruling of the New York State Court of Appeals at this link. "Alleged 9/11 Mastermind Seeks Death Penalty, Martyrdom; Khalid Sheik Mohammed, 4 Others Arraigned in Military Courtroom at Guantanamo": The Washington Post provides this news update. Carol Rosenberg of The Miami Herald has a news update headlined "9/11 mastermind suspect: I want death." Carol J. Williams of The Los Angeles Times has a news update headlined "Alleged 9/11 mastermind asks for death sentence; Khalid Shaikh Mohammed criticizes the proceedings at Guantanamo as 'an inquisition' and says he wants to be a martyr; He and four others are accused of murder in the 2001 terrorist attacks." The New York Times has a news update headlined "Guantanamo Hearing Starting for 9/11 Suspects." Jan Crawford Greenburg and Dennis Powell of ABC News have a report headlined "'I Wish to Be Martyred': KSM Arraigned; Accused Sept. 11 Plotter Khalid Sheikh Mohammed Appears in Court." James Rowley of Bloomberg News reports that "Sept. 11 'Architect' Will Defend Himself at Guantanamo Tribunal." And The Associated Press provides reports headlined "Accused 9/11 mastermind wants death sentence" and "Alleged 9/11 plotter says artist made nose too big." "Those scarred by 9/11 families hope trials bring justice -- and peace; Alleged 9/11 mastermind Khalid Sheik Mohammed and four others are set to be arraigned Thursday": Carol Rosenberg has this article today in The Miami Herald. Posted at 07:40 AM by Howard Bashman "Take Me Out© to the Ballgame®: The biggest fantasy was Major League Baseball's claim that its fans should pay to talk about fantasy baseball." The New York Times contains this editorial today. Posted at 07:38 AM by Howard Bashman "'Cuban 5' fail in appeal of spy case; An appellate court in Atlanta ruled that the 2001 espionage convictions of five Cuban men must stand, but three of their sentences must be reconsidered": This article appears today in The Miami Herald. The Associated Press reports that "Court rules on sentences of 'Cuban 5.'" And Reuters reports that "U.S. court upholds conviction of Cuban spies." Circuit Judge William H. Pryor, Jr. issued a lengthy opinion for the majority on a partially-divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. Circuit Judge Stanley F. Birch, Jr. concurred in the majority opinion but issued a separate opinion restating his earlier view, in dissent from an earlier en banc ruling in the case, that the defendants' motion for change of venue should have been granted. According to Judge Birch, "Given the technological advances and 24-hour news cycle that have become prevalent in our nation since 1984, I respectfully suggest that this case provides a timely and appropriate opportunity for the Court to address the issue of change of venue in this internet and media permeated century." "Jurors in Max Hardcore porn trial seek clarification": The St. Petersburg Times today contains an article that begins, "Jurors deliberating in the obscenity trial of a Hollywood pornographer sought Wednesday to clarify the meanings of words and phrases in their instructions, including 'morbid and degraded,' 'unhealthy interest in sex,' and 'candid interest in sex.'" And The Tampa Tribune reports today that "Defense Attorney Calls Porn Videos 'Political Expression.'" "Does the Constitution Permit Government to Favor Religion over Nonreligion? Justice Scalia Says Yes." Michael C. Dorf has this essay online today at FindLaw. Posted at 07:15 AM by Howard Bashman Failure to impose any sentence of imprisonment on man convicted of possessing child pornography survives deferential appellate review, Fifth Circuit holds: The U.S. Sentencing Guidelines had indicated a sentence of imprisonment of 46 to 57 months. You can access yesterday's Fifth Circuit ruling at this link. Posted at 07:12 AM by Howard Bashman Greetings from Farmington, Pa.: I arrived at the Nemacolin Woodlands Resort -- where the D.C. Circuit Judicial Conference is taking place this week -- very early this morning. I'm pleased to report that the palatial room in which I am staying appears to have very good wireless internet service. My panel is first on the agenda today, so I'll be offline between breakfast and lunch. According to the conference schedule (linked above), Chief Justice John G. Roberts, Jr. will be speaking tonight and before lunch tomorrow, while Justice Antonin Scalia will be one of tomorrow morning's panelists. Wednesday, June 4, 2008 The Associated Press is reporting: Now available online are articles headlined "Retired justice developing online civics lessons"; "Va. high court hears arguments on law against spam"; and "Accused Sept. 11 plotters due in Guantanamo court." And an article headlined "Feds: Militant's immigration case wrongly dropped" begins, "A U.S. judge improperly dismissed immigration fraud charges against an anti-Castro militant suspected of plotting the 1976 bombing of a Cuban airliner, a government lawyer told a federal appeals court Wednesday." "Court nixes suit by black would-be firefighters": The Chicago Sun-Times has a news update that begins, "Chicago taxpayers would be off the hook for as much as $100 million -- and 132 would-be black firefighters would not move to the head of the class -- thanks to a federal appeals court ruling today tied to a 1995 firefighters entrance exam." Circuit Judge Richard A. Posner is the author of today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. "Prosecutors drop appeal of Siegelman and Scrushy sentences": The Associated Press provides this report. Posted at 12:44 PM by Howard Bashman "California Supreme Court Denies Rehearing and Stay in Marriage Cases": The Supreme Court of California issued this news release today. The order denying rehearing and denying a stay is attached as page two of the news release. And in early news coverage, The Associated Press reports that "Calif. court refuses to stay gay marriage ruling." "Mukasey defends military commissions for terror cases": The Associated Press provides a report that begins, "Attorney General Michael Mukasey, defending military commissions to prosecute suspected terrorists, told federal judges Wednesday the upcoming trials will be 'in the best traditions of the American legal system.' Mukasey's remarks came amid fresh criticism of the legal processes at Guantanamo Bay. Just this week, the Pentagon defended the abrupt removal of a judge from a case after rulings unfavorable to the government. Speaking to an annual conference of Washington federal judges, Mukasey said the decision to try terrorism cases outside of civilian courthouses is not made lightly." The article shows that you won't have to rely on mere law bloggers to report on what's happening at the D.C. Circuit's Judicial Conference, which has begun this morning. In any event, I won't be arriving there until very late tonight. U.S. Court of Appeals for the Federal Circuit decides patent dispute related to baby diaper changing stations that are able to resist vandalism when used in public restrooms: Among other things, today's ruling holds that "partially" does not mean "totally." Posted at 11:40 AM by Howard Bashman "NY court hears arguments in ex-NYSE head's pay case": Reuters provides this report. The Associated Press reports that "NY seeks to renew Spitzer claim vs. NYSE's Grasso; Court asked to reinstate claim against Grasso's $187.5M NYSE pay package targeted by Spitzer." And law.com reports that "N.Y. High Court Questions AG's Involvement in Suit Over Grasso's Pay." "Five Detainees Charged in Sept. 11 Attacks to Be Arraigned": The Washington Post today contains an article that begins, "More than 6 1/2 years after devastating suicide attacks against the United States launched the Bush administration's fight against global terrorism, the alleged mastermind of the Sept. 11, 2001, plot is scheduled to appear in a Guantanamo Bay courtroom tomorrow morning." (Sadly, Guantanamo Bay is also where ABC News correspondent Jan Crawford Greenburg will be tomorrow morning, instead of on a law blogging panel with me at the D.C. Circuit's Judicial Conference in Farmington, Pennsylvania.) Today in The Los Angeles Times, Carol J. Williams reports that "Guantanamo detainee to be charged with war crimes; The Ethiopian man is alleged to have been part of an Al Qaeda plot to unleash a 'dirty bomb' and blow up apartment buildings in the U.S." Carol Rosenberg of The Miami Herald reports that "Gitmo captive accused of 'dirty bomb' plot." And in The Wall Street Journal, Rear Adm. Mark H. Buzby has an op-ed entitled "Guantanamo Is a Model Prison (Really)." "Let wedding bells ring: Other states may not be holding their peace, but California should proceed with same-sex weddings." The Los Angeles Times contains this editorial today. And columnist Tim Rutten has an op-ed entitled "Marriage amendment may backfire on GOP; California Republicans shouldn't be so sure they have a winning issue on the November ballot." "Lawyers Fear for Marri's Sanity; U.S. Defends Conditions of Detainee's Solitary Confinement": This article appears today in The Washington Post. Posted at 08:55 AM by Howard Bashman In news and commentary from Erie, Pennsylvania: This blog has fallen a bit behind in covering the forthcoming federal criminal trial of former Pennsylvania Superior Court Judge Michael T. Joyce. Last month, The Erie Times-News published articles headlined "Debate over venue; Prosecutor fights Joyce's change-of-venue bid" and "Linchpin in Joyce case; Defense wants evidence released to help clear former judge." The newspaper also published an editorial entitled "Joyce trial should stay in Erie." "Fieger wins, and campaign cash still rules": This editorial appears today in The Detroit Free Press. Posted at 08:35 AM by Howard Bashman "Porn videomaker's trial goes to jury": Today's edition of The St. Petersburg Times contains an article that begins, "Jurors will begin deliberating today about whether the violent and graphic pornography produced by a California man violates local community standards and federal obscenity laws." Posted at 08:17 AM by Howard Bashman "Lose That Lawyer: Do defendants in Georgia have any right at all to competent representation?" Alan Berlow has this jurisprudence essay online at Slate. And in related news coverage, The Atlanta Journal-Constitution reports today that "Killer requests no special meal for last day." "Killer's execution delayed; Texas lethal injection was to resume, but Harris County inmate gets new stay": This article appears today in The Houston Chronicle. Posted at 08:07 AM by Howard Bashman "Opposing views on path to divorce": Today in The Providence Journal, Edward Fitzpatrick has an article that begins, "The two women who sought Rhode Island's first same-sex divorce agree that they want to end their marriage, but they disagree about how to do it. Margaret R. Chambers is seeking a divorce in Superior Court, while Cassandra B. Ormiston is now living in Massachusetts, waiting for a year to pass before she can get divorced there." Posted at 08:03 AM by Howard Bashman Available online from law.com: Marcia Coyle reports that "High Court Hasn't Closed the Book on Retaliation." And the new installment of my "On Appeal" column is headlined "Should an Appellate Judge Join in a Decision He Disagrees With to Diminish its Impact?" It begins, "I've recently begun reading 7th Circuit Judge Richard A. Posner's newest book, 'How Judges Think.' It's too soon to tell how many installments of my 'On Appeal' column the book will spawn, but the topic of this week's column arises from the book's introduction, in which Posner writes that 'A judge might join the majority opinion in a case not because he agreed with it but because he thought that dissenting publicly would magnify the effect of the majority opinion by drawing attention to it.'" Tuesday, June 3, 2008 "Ex-CEO Scrushy asks court to throw out conviction": The Associated Press provides a report that begins, "Former HealthSouth CEO Richard Scrushy has asked a federal appeals court to overturn his conviction in a government corruption case, saying in part that jurors violated court rules by communicating with each other by e-mail. Scrushy's attorneys filed a 118-page brief late Monday asking the 11th U.S. Circuit Court of Appeals to reverse Scrushy's June 2006 conviction or order a new trial." And the "White Collar Crime Prof Blog" has a post titled "Scrushy Files Appellate Brief" providing online access to the appellate brief. The U.S. Court of Appeals for the Fifth Circuit has begun posting online the audio of its oral arguments: The court issued this announcement today. The oral argument audio files themselves can be accessed via this link. In news coverage of one of yesterday's oral arguments, The Associated Press has an article headlined "Klan member Seale appeals to 5th Circuit Court" that begins, "The attorney for James Ford Seale, the reputed Ku Klux Klan member serving three life sentences for his role in the 1964 abduction and deaths of two black Mississippi teenagers, argued before the 5th U.S. Circuit Court of Appeals on Monday that the statute of limitations had expired, negating Seale's conviction." You can access the audio of yesterday's oral argument in United States v. Seale via this link (19.2MB Windows Media audio file). "'Survivor' winner takes case to Supreme Court": The Associated Press provides a report that begins, "'Survivor' winner Richard Hatch has appealed his tax evasion conviction to the U.S. Supreme Court, his attorney said Tuesday." Posted at 02:20 PM by Howard Bashman Supreme Court of Pennsylvania summarily reverses lower court ruling which held that an insurer's attempt to appoint guardian for minor plaintiff whose parents are refusing to accept the insurer's settlement offer is not an abuse of process: On Thursday of last week, Pennsylvania's highest court issued a summary reversal in a case captioned Cruz v. Princeton Insurance Co. Originally, the trial court dismissed the lawsuit on summary judgment. Next, a three-judge panel of the Superior Court of Pennsylvania voted 2-1 to reverse and remand for trial by means of a non-precedential ruling. The Superior Court next granted reargument en banc -- which set aside the three-judge panel's reversal -- and the en banc ruling affirmed the trial court's entry of summary judgment in favor of the defendants by a 7-2 vote. I was then hired by counsel for plaintiffs to prepare a petition for allowance of appeal seeking Pa. Supreme Court review. The petition for allowance of appeal that I drafted presented the following question: Whether a judgment debtor or its insurance company, which initiates a proceeding to appoint a guardian ad litem for an injured minor judgment creditor to pressure the minor's parents to settle the litigation for less money, can be sued for abuse of process for having used the guardian ad litem procedure "primarily to accomplish a purpose for which the process was not designed."Both defendants filed briefs in opposition arguing against Pa. Supreme Court review. The Pennsylvania Rules of Appellate Procedure do not authorize reply briefs in support of a petition for allowance of appeal. Most recently, on Thursday of last week, the Supreme Court of Pennsylvania issued its order granting allowance of appeal and summarily reversing on the issue on which that court's review was sought. The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- has previously covered the case, although registration is required to access those articles. "Porn producer's lawyers ask judge for acquittal in Tampa": This article appears today in The St. Petersburg Times. And The Tampa Tribune today contains an article headlined "'I'm Kind Of An Extremist,' Ex-Actress Says In Web Porn Trial." "The Judiciary Fund: A Modest Proposal that the Bar Give to Judges What Congress Will Not Let Them Earn." Law Professor Ross E. Davies has posted this paper (abstract providing links for download) online at SSRN (via Ilya Somin at "The Volokh Conspiracy"). Posted at 10:47 AM by Howard Bashman "In my judgment, the majority opinion illustrates the magnetic pull that the Guidelines still occasionally exert over appellate courts in cases involving sentences outside the Guidelines range." So writes Circuit Judge Brett M. Kavanaugh, dissenting from a decision that a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. Circuit Judge Janice Rogers Brown wrote the majority opinion, in which Circuit Judge Douglas H. Ginsburg joined. Posted at 10:40 AM by Howard Bashman All the Michigan state court system is asking for is a little respect, just a little bit: The U.S. Court of Appeals for the Sixth Circuit today affirmed the dismissal of the federal civil rights claims of a man who sued the State Bar of Michigan in connection with its denial of his application for a license to practice law. According to today's ruling, during the man's interview with members of the state bar's Character and Fitness Committee, the man "stated that he had little respect for the Michigan state court system, and he expressed the view that the federal courts are the 'guardians of the constitution' and that the Michigan state court system fails adequately to protect individuals' constitutional rights." As a result of that interview, the Character and Fitness Committee found that the applicant failed to display "the requisite good character and fitness to be recommended to the practice of law in this state." In particular, the committee's report stated, ""We are concerned about providing a law license to someone who, even before he has handled his first case as a member of the bar, has effectively written off such a huge component of the justice system." Today's ruling also notes that "In 2003, [the applicant] also began operating a registered website called 'StateBarWatch' on which he actively criticized the SBM and BLE for alleged dishonesty within the Michigan attorney licensing system." It is too early to tell whether today's ruling will cause the plaintiff to dislike the federal judicial system almost as much as he apparently dislikes Michigan's state court system. "Fieger is cleared in campaign fund case; Lawyer was 'scared to death' of guilty verdict": This article appears today in The Detroit News. And The Detroit Free Press reports today that "Fieger hugs jurors, says let's party." Available online from law.com: Shannon P. Duffy has an article headlined "3rd Circuit: Woman Cannot Be Fired for Having Abortion." And in other news, "Calif. Court Resets Trade Secrets Clock." "9th Circuit Says Judge Botched Murder-for-Hire Trial": Dan Levine of The Recorder has an article that begins, "The judicial careers of Richard Tallman and William Fletcher are uniquely intertwined. But the next time they're in the same room, best not bring up the 'fed-a-pult' guy. The two judges ascended to the 9th U.S. Circuit Court of Appeals together, part of a deal whereby President Bill Clinton got Fletcher, his relatively liberal buddy from his Oxford University days, seated on the court, in exchange for choosing a conservative. Fletcher landed on a panel reviewing a bizarre 2005 murder solicitation trial in Idaho, which Tallman had presided over by designation. And in a 72-page opinion released Friday, Fletcher found Tallman erred when he denied defendant David Hinkson a new trial despite evidence the government's key witness had committed perjury." The Spokesman-Review of Spokane, Washington reports today that "Court reverses businessman's conviction; New trial ordered on murder solicitation charges." Metropolitan News-Enterprise reports that "Court Orders New Trial After Witness Lies About Combat Experience." And The Associated Press reports that "Court overturns conviction of N. Idaho businessman." My earlier coverage of Friday's Ninth Circuit ruling appears at this link. "Measure to bar gay marriage qualifies for California ballot; The initiative to amend the state Constitution will go before voters in November": This article appears today in The Los Angeles Times. The San Francisco Chronicle reports today that "Initiative to ban gay marriage is on ballot." The Sacramento Bee reports that "Marriage initiative will go to voters." And The San Jose Mercury News reports that "Initiative to ban gay marriage qualifies for California ballot." "Pacifist teacher to be allowed to change oath": Bob Egelko has this article today in The San Francisco Chronicle. And The Los Angeles Times reports today that "Cal State Fullerton lecturer allowed to add to oath; With the loyalty issue resolved, the pacifist will be hired to teach two courses next fall." "Melvyn Weiss sentenced in class-action kickback scheme; The securities lawyer made millions by paying off plaintiffs to sue major companies; He gets 30 months in prison and must forfeit $9.75 million in earnings": The Los Angeles Times contains this article today. The New York Times reports today that "Class-Action Lawyer Gets 30 Months in Prison." And law.com reports that "Mel Weiss Sentenced to 30 Months for Kickback Scheme." "Ruling Against Type: As two decisions show, 'conservative' and 'liberal' don't mean everything at the Supreme Court." This editorial appears today in The Washington Post. Posted at 08:45 AM by Howard Bashman "Judge's dismissal blamed on Army; A Marine colonel defended the war-court dismissal of a Guantanamo judge who is considered a maverick": Carol Rosenberg has this article today in The Miami Herald. USA Today reports today that "9/11 suspect finally goes to trial in military system; Questions, criticism surround proceedings." And yesterday's broadcast of NPR's "Talk of the Nation" contained an audio segment entitled "Khalid Sheikh Mohammed to Face Military Tribunal" (RealPlayer required). "No Ruling Means No Change for Fantasy Baseball Leagues": Linda Greenhouse has this article today in The New York Times. Today in The Los Angeles Times, David G. Savage reports that "Fantasy baseball leagues can use real players' names, Supreme Court agrees; Justices deny the appeal by pro players who argued that no one had a right to exploit their identities for commercial gain." In USA Today, Joan Biskupic reports that "Justices let stand fantasy use of stats." Warren Richey of The Christian Science Monitor has an article headlined "High court rejects fantasy baseball challenge; The effect: Made-up leagues can keep using names and statistics of real players without paying licensing fees." And The Wall Street Journal reports that "Fantasy Sports Score Victory; Supreme Court Strikes Out Major League Baseball, Confirming Firms' Control." "Repairing the Damage, Before Roe": Today in The New York Times, Waldo L. Fielding, M.D. has an essay that begins, "With the Supreme Court becoming more conservative, many people who support women's right to choose an abortion fear that Roe v. Wade, the 1973 decision that gave them that right, is in danger of being swept aside." Posted at 08:28 AM by Howard Bashman "Justices Narrow Money-Laundering Law": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes has an article headlined "Victories for Money-Laundering Defendants." David G. Savage of The Los Angeles Times reports that "Supreme Court limits money laundering law; In a blow to prosecutors who use the law in drug cases, the justices rule that hiding cash to take it out of the U.S. is not proof of a crime." Warren Richey of The Christian Science Monitor has an article headlined "Harder task to nail money launderers; Two high court rulings on Monday will complicate US efforts to prove certain crimes." And law.com's Tony Mauro reports that "High Court Deals Government Three Losses on Clement's Last Day as SG; Two pro-defendant decisions will make prosecuting money laundering more difficult." "Judge's conduct improper; High Court: Fulton's Schwall became an advocate for one side." Today's edition of The Atlanta Journal-Constitution contains an article that begins, "A Fulton County judge was harshly criticized by the state Supreme Court on Monday for becoming an advocate for one side in a civil case and jailing a man for 20 days without letting him defend himself. In the highly unusual ruling, the high court said Superior Court Judge Craig Schwall violated rules of judicial conduct, violated the rules of evidence and violated the rights of Scottie Cousins, a defendant in an internal squabble over the assets of a small, southwest Atlanta church." You can access yesterday's ruling of the Supreme Court of Georgia at this link. "Blog Panel at D.C. Circuit Judicial Conference": Ed Whelan has this post at National Review Online's "Bench Memos" blog. I'll be sandwiching my appearance on that panel between two baseball-related bobblehead dolls. This Wednesday evening -- before I head to the conference -- I'll be picking up an American Red Cross Jimmy Rollins MVP Bobble Figurine as the Philadelphia Phillies host the Cincinnati Reds. And then on Friday evening -- before heading home -- I'll be picking up a Richie Hebner bobblehead doll as the Pittsburgh Pirates host the Arizona Diamondbacks. "Harry Reid's Handshake: On judges, he's giving the GOP the runaround." This editorial appears today in The Wall Street Journal. Posted at 08:04 AM by Howard Bashman Monday, June 2, 2008 "Alito on Baseball and Antitrust": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 05:27 PM by Howard Bashman "Cass Sunstein and Eugene Volokh on Bloggingheads": This diavlog was recorded May 27, 2008 and posted online today (via "Althouse"). Update: "How Appealing" is mentioned, on the topic of "the architecture of serendipity." "Top court rules against government on money laundering": James Vicini of Reuters has this report. And Greg Stohr of Bloomberg News reports that "Money Laundering Law Narrowed by U.S. Supreme Court." "Fantasy baseball leagues can use real players' names, Supreme Court agrees; Justices deny the appeal by pro players who argued that no one had a right to exploit their identities for commercial gain": David G. Savage of The Los Angeles Times provides this news update. And Greg Stohr of Bloomberg News reports that "MLB Rebuffed by U.S. Supreme Court on Fantasy Rights." "Fieger, law partner acquitted of illegal political donations": The Detroit Free Press provides this news update. And The Detroit News provides an update headlined "Federal jury acquits Fieger, partner on all charges." "Bush nominating Garre for solicitor general": The Associated Press provides this report. Posted at 02:58 PM by Howard Bashman "Court rules on paralegal fees, money laundering": Lyle Denniston has this post at "SCOTUSblog." The U.S. Supreme Court today issued three decisions in argued cases. 1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Richlin Security Service Co. v. Chertoff, No. 06-1717. Although no Justice filed any separate opinion, Justices Antonin Scalia and Clarence Thomas did not join in all of Justice Alito's opinion. You can access the decision at this link and the oral argument transcript at this link. 2. Justice Thomas delivered the opinion for a unanimous Court in Regalado Cuellar v. United States, No. 06-1456. Justice Alito also filed a concurring opinion, in which the Chief Justice and Justice Anthony M. Kennedy joined. You can access the decision at this link and the oral argument transcript at this link. 3. And Justice Scalia announced the judgment of the Court and delivered an opinion in which Justices David H. Souter and Ruth Bader Ginsburg joined in full and in which Justice Thomas joined in part in United States v. Santos, No. 06-1005. Justice John Paul Stevens filed an opinion concurring in the judgment. Justice Stephen G. Breyer filed a dissenting opinion. And Justice Alito filed a dissenting opinion, in which the Chief Justice, Justice Kennedy, and Justice Breyer joined. You can access the decision at this link and the oral argument transcript at this link. You can access today's Order List at this link. In early news coverage, The Associated Press reports that "Justices rule for defendants on money laundering" and "Court refuses to consider fantasy baseball dispute." Recently on C-SPAN's "America and the Courts": Two Saturday's ago, Solicitor General Paul D. Clement -- whose final day in office is today -- was the program's focus. You can view the broadcast by clicking here (also featuring remarks from Chief Justice John G. Roberts, Jr.), while a bonus interview with Clement can be viewed by clicking here. This past Saturday's broadcast focused on the commencement addresses that three U.S. Supreme Court Justices recently delivered. C-SPAN has also separately posted online the commencement addresses from Justice Clarence Thomas; Justice Stephen G. Breyer; and Justice Samuel A. Alito, Jr. RealPlayer is required to launch these video segments. "Gay marriage may be a gift to California's economy; Business is up for hotels, bakers and photographers as same-sex couples prepare to wed": The Los Angeles Times contains this article today. Posted at 09:05 AM by Howard Bashman "Money Everyone Can Use: The Treasury should adapt bills for the blind." This editorial appears today in The Washington Post. Posted at 09:02 AM by Howard Bashman "Convicted killer and alleged KKK member to appeal": The Associated Press provides a report that begins, "James Ford Seale, the reputed Ku Klux Klan member serving three life sentences for his role in the 1964 abduction and murder of two black Mississippi teenagers, is disputing his conviction." According to the article, "On Monday, Kathy Nester, Seale's attorney, was expected to argue to the 5th U.S. Circuit Court of Appeals that federal prosecutors failed to prove key elements needed for conviction." Posted at 08:54 AM by Howard Bashman "Porn trial more than a simple smut case": Yesterday's edition of The St. Petersburg Times contained an article that begins, "Twelve local residents spent last week doing a dirty job for the rest of us. Jurors in the federal trial of Paul F. Little, a California man who known by the nom de porn Max Hardcore, watched hours of explicit, violent pornography to determine if, among other things, Little violated community standards. The case, which continues this week, has captured the attention of groups from New York City to California by raising larger questions about the legal standards for obscenity in an online world." On Saturday, The St. Petersburg Times reported that "Defense wants new judge in porn trial." In addition, columnist Sue Carlton had an op-ed entitled "Tampa porn case is a trial for jurors, too." And, in earlier coverage, The St. Petersburg Times previewed the trial last Wednesday in an article headlined "Jurors in Tampa to decide; What is obscene?" Additional trial coverage appeared in articles headlined "Juror asks to view less porn in court" and "Judge may spare jury from watching 8 hours of violent porn." And The Tampa Tribune has covered the trial in articles headlined "Porn Producer's Lawyers Say He Didn't Mail DVDs To Tampa"; "Jurors View Sex Videos As Max Hardcore Obscenity Trial Begins"; and "Jury Selected For Obscenity Trial Over X-Rated Films." "Future uncertain for Florida's Bush-Gore ballots from 2000 race; All six million-plus ballots cast in the historic 2000 presidential election remain in storage, and the secretary of state is debating whether to move them out": This article appeared yesterday in The Miami Herald. Posted at 08:42 AM by Howard Bashman "At war crimes trials, is no defense a defense? Military defense lawyers face a dilemma at the war court: Is offering up no defense the way to defend an alleged terrorist at trial?" Carol Rosenberg has this article today in The Miami Herald. And today's edition of USA Today contains an editorial entitled "Terror trials have flaws but need to be tested; Best way to find out whether system is fair is to see how it works," while Anthony D. Romero has an op-ed entitled "'Abandon this farce': Guantanamo trials are fatally flawed; it's time to start over." "How Cozen took on a kingdom for 9/11 liability": Today's edition of The Philadelphia Inquirer contains this article -- part two of a two-part series. Part one appeared in yesterday's newspaper, and you can access it at this link. Posted at 08:14 AM by Howard Bashman "Bryan Garner: The art of persuasion." This interview appeared Sunday in The Dallas Morning News. Posted at 08:05 AM by Howard Bashman "Scalia Decries Drift of Court On Religion; U.S. Tradition Not Neutral, Justice Tells Torah Sages": Joseph Goldstein has this article today in The New York Sun. The newspaper also contains a related editorial entitled "Sage and Sages." Posted at 08:00 AM by Howard Bashman Sunday, June 1, 2008 "Advice of Consul: In two major treaty rulings, the Roberts court has drawn the line at the border." David G. Savage has this article in the June 2008 issue of ABA Journal magazine. Posted at 11:35 PM by Howard Bashman "The Volokh Conspiracy" should be back online soon: It's proving to be a difficult weekend for certain law-related blogs, as "How Appealing" was inaccessible for a bit early in the weekend when this site moved to new web servers. And now "The Volokh Conspiracy" is off-line. Details on when "The Volokh Conspiracy" may be back online can be accessed in this post at "InstaPundit." Posted at 11:02 PM by Howard Bashman "Pinning the blame for 9/11: A Phila. law firm wages an epic legal battle to win billions from Saudi Arabia." The Philadelphia Inquirer today contains this front page article -- part one of a two-part series. Posted at 10:05 AM by Howard Bashman "Court gets behind spanking, to a degree; In the case of a boy paddled 36 times, the state Supreme Court says the practice is legal unless punishment is excessive or cruel": This article appeared yesterday in The Minneapolis Star Tribune. And The St. Paul Pioneer Press reported yesterday that "Court lets spanking parents off hook; Ruling doesn't OK punishment but cites case's lack of evidence." You can access Friday's ruling of the Supreme Court of Minnesota at this link. "Release of footage showing Khadr interrogation sought; Video documentation of Canadian agents' questioning has been kept secret for five years": Yesterday's edition of The Toronto Globe and Mail contained an article that begins, "Canadian intelligence agents were videotaped as they questioned a 16-year-old prisoner held in Guantanamo Bay, and a court battle is brewing to force disclosure of the footage. A videotaped interrogation of Omar Khadr over three days, conducted seven months after he was shot and captured in Afghanistan, has been kept secret for five years. Yet efforts are under way to force government officials to release four DVDs containing the recordings that may yield insights into the secrets of the U.S. prison camp and one of Canada's more ethically fraught investigations." And The Toronto Star reported yesterday that "Judge's exit sparks fresh outcry; Ouster midway through Khadr's Guantanamo legal battle fuels push for his return to Canada." "Picking Judges": Syndicated columnist Linda Chavez has an essay that begins, "If you ask Americans what issues matter most to them in choosing a president, the candidate's judicial philosophy is not likely to make it into the top 10. But a president's power to nominate judges is, in fact, one of his most powerful tools -- and often leaves a legacy that lasts far longer than any policy initiative." Posted at 08:47 AM by Howard Bashman Would you like Fries with that? The Associated Press provides a report headlined "Ore. Supreme Court rules moving marijuana illegal" that begins, "Helping a friend move a few plants to his new house can get you into trouble with the police, if they happen to be marijuana plants. The Oregon Supreme Court ruled Friday that a man who helped his friend move things could be convicted on marijuana possession charges." You can access Friday's ruling of the Supreme Court of Oregon in State v. Fries at this link. Don't microwave the cat: Yesterday's edition of The Vancouver Sun contained an article headlined "B.C. man guilty of cruelty for microwaving cat; John Ronald Hughes killed girlfriend's cat after it was injured by wobbly couch." You can access Friday's ruling of the Supreme Court of British Columbia at this link. "Supreme Court highly rated in study": The Arkansas Democrat-Gazette yesterday contained an article that begins, "The Arkansas Supreme Court was rated highly in a study made public this month in a University of Chicago Law School working paper series based on opinions written by members of state high courts in 1998-2000." I previously mentioned this study in a post you can access here. "Top court beckons, who will be called? Speculation intense as spot opens on Supreme Court for judge from Atlantic region." Yesterday's edition of The Toronto Star contained an article that begins, "The job comes with eager young assistants, smart colleagues, a chauffeur-driven car, a private dining room, wood-panelled office, guards at the front door, an annual salary of $309,300 and a view of the Ottawa River. But a seat on the Supreme Court of Canada -- with the long hours, social isolation and political and public scrutiny that come with it -- isn't everybody's idea of a dream job." Posted at 08:30 AM by Howard Bashman "Major League Baseball goes to the Supreme Court; The justices are to consider taking up a case involving whether Internet fantasy baseball games have a free-speech right to use the names and statistics of famous athletes": David G. Savage has this article today in The Los Angeles Times. Posted at 08:27 AM by Howard Bashman Saturday, May 31, 2008 "States Seek Delay in California Marriage Ruling": The New York Times today contains an article that begins, "Concerned about the national ramifications of same-sex marriages in California, attorneys general from 10 states have asked the California Supreme Court to stay its decision legalizing the marriages, which are set to begin on June 17." And Bob Egelko of The San Francisco Chronicle reports today that "10 state ask delay in same-sex ruling." "Judge critical of Guantanamo war crimes case is dismissed; Army Col. Peter Brownback III had threatened to suspend proceedings unless prosecutors handed over key records to the defense": Carol J. Williams has this article today in The Los Angeles Times. And The New York Times reports today that "Army Judge Is Replaced for Trial of Detainee." "Court Upholds Key Provision of the Voting Rights Act": Neil A. Lewis has this article today in The New York Times. The Washington Post reports today that "Judges Uphold Voting Rights Act; Challenge to Law Called Key Test Case." The Austin American-Statesman reports that "Austin MUD loses Voting Rights Act challenge; Group did not want pre-clearance to move a voting location out of a garage." At "SCOTUSblog," Lyle Denniston has a post titled "Federal court upholds voting rights extension." And at his "Election Law" blog, Rick Hasen offers these thoughts on yesterday's ruling of a three-judge U.S. District Court for the District of Columbia. "Strong Backing for Ex-Governor's Appeal": The New York Times today contains an article that begins, "Fifty-four former state attorneys general filed a brief Friday supporting the appeal of former Gov. Don Siegelman of Alabama, convicted two years ago on bribery and corruption charges in a prosecution depicted by his supporters as politically motivated." Posted at 05:30 PM by Howard Bashman "Vindicating Vioxx": Today's edition of The Wall Street Journal contains an editorial that begins, "Texas and New Jersey may have different political cultures, but appeals courts in both states this week delivered a one-two punch to the liability suits against Merck for its Vioxx painkiller." Posted at 05:15 PM by Howard Bashman "US judge in DUI case won't return to bench; Resignation delayed by his second thoughts": The Boston Globe today contains an article that begins, "US Bankruptcy Court Judge Robert Somma, who resigned after his arrest on a drunken driving charge in February and then tried to rescind it, will not be coming back to work, federal court officials said yesterday." The Boston Herald reports today that "Judge nabbed in sexy dress is off bench." And The Manchester (N.H.) Union Leader reports that "Drunk driving judge will stay resigned." You can access at this link yesterday's statement from the U.S. Court of Appeals for the First Circuit. "How Appealing" has completed its move to new web servers: If you attempted to access this blog late last night or this morning, you may instead have found yourselves at the law.com home page. As I recently mentioned, "How Appealing" was moving from one company's web servers to another company's web servers. The switch-over is now complete. Thanks again to rubystudio, which served as this blog's online host since the now-defunct "Legal Affairs" magazine began hosting this blog. This blog's new online host is pair Networks. If any aspect of this blog is not functioning normally for you as a result of the switch to new web servers, please let me know via email so that I can (if possible) get the issue resolved. Friday, May 30, 2008 Available online from law.com: Pamela A. MacLean of The National Law Journal has an article headlined "Bid to Sue 4th Circuit's Former Chief Judge Over Fees Falters" reporting on a non-precedential decision that the U.S. Court of Appeals for the Fourth Circuit issued on Wednesday. It is interesting to note that Eighth Circuit Chief Judge James B. Loken sat by designation as the trial judge in the case. An article headlined "2nd Circuit Holds Magistrates Lack Power to Remand" reports on this ruling issued Wednesday. And in other news, "Miami Law Firms in Talks With State Supreme Court Justice." "Did Affirmative Action Really Hinder Clarence Thomas? The Supreme Court Justice says racial preference made it impossible for him to find a law firm job; His black classmates tell a different story." Tamara Loomis will have this article in the June 2008 issue of The American Lawyer. Posted at 11:28 PM by Howard Bashman Welcome to "How Appealing" located at its new web host: If this page looks somewhat different than normal, the reason is that some of the images normally present on this page are not yet loading normally, and the font in which the posts on this page appear is not the same as before. Once the internet's Domain Name Service begins to recognize howappealing.law.com as the IP address of 65.181.161.172/blog/, then this page will appear the same as at its former web host. Update: The issues noted in this post appear to have all been resolved. WSJ.com's "Law Blog" interviews Justice Antonin Scalia about his new book: The interview appears in three parts: here, here, and here. For the record, the author of "How Appealing" has taken no steps to arrange an interview with Justice Scalia, although I will be in the same room as him one week from today in Farmington, Pennsylvania (of all places). "Logjam: Politicians can't agree who should fill vacancies on the nation's most reliably conservative appellate court' If the logjam lasts past November, the court may take a turn to the left." This article will appear in the June 2008 issue of ABA Journal magazine. Posted at 04:10 PM by Howard Bashman Three-judge federal district court rejects argument that the U.S. Congress in 2006 lacked sufficient evidence of racial discrimination to extend Section 5 of the Voting Rights Act of 1965 for another twenty-five years: Circuit Judge David S. Tatel issued today's lengthy decision on behalf of a unanimous three-judge panel of the U.S. District Court for the District of Columbia. In early news coverage, The Associated Press provides a report headlined "Court: Voting Rights Act provision deemed constitutional." Divided three-judge Ninth Circuit panel grants a new trial to man convicted of soliciting the murders of an Assistant U.S. Attorney, an IRS Special Agent, and a U.S. District Judge: You can access today's ruling at this link. Interestingly, another Ninth Circuit judge served by designation as the trial court judge in the case, making the score 2-2 among Ninth Circuit judges over whether the defendant's new trial motion should have been granted. Posted at 01:10 PM by Howard Bashman "Will the Supreme Court Play Ball With Fantasy Baseball Leagues?" FOXNews.com provides this report. Posted at 01:00 PM by Howard Bashman "Fieger jury signals verdict could take a while": David Ashenfelter has this article today in The Detroit Free Press. Posted at 12:55 PM by Howard Bashman "Court finds Texas A&M administrators can be held liable in bonfire collapse lawsuit": The Waco Tribune-Herald today contains an article that begins, "Twelve former Texas A&M University administrators are not immune from lawsuit claims filed by the families of three students killed and two injured in the November 1999 collapse of the Aggie bonfire, a divided Waco appeals court has ruled." The Fort Worth Star-Telegram today reports that "Texas A&M officials can't claim immunity in bonfire case, court rules." And The Associated Press reports that "Appeals court says A&M officials not immune in bonfire suits." Wednesday's ruling of the Tenth Court of Appeals of Texas consisted of a majority opinion and a dissenting opinion. In news from the Canadian province of Saskatchewan: The Regina Leader-Post reports that "Supreme Court sides with Sask. anti-abortion protester." And Reuters reports that "Top court won't hear abortion picketer case." "Foes, in court, seek to delay gay marriages": Bob Egelko has this article today in The San Francisco Chronicle. Today in The Los Angeles Times, Maura Dolan reports that "State urges California Supreme Court not to delay same-sex marriages; Delaying enactment of the ruling would improperly mix judicial and political affairs, attorney general argues; Opponents had requested a stay until November, when a measure will appear on state ballot." And Howard Mintz of The San Jose Mercury News reports that "Supreme Court urged to finalize gay-marriage ruling; Opponents seek delay until Nov." "Courts Reject Two Major Vioxx Verdicts": This article appears today in The New York Times. Today in The Houston Chronicle, Mary Flood reports that "Court tosses Vioxx award; Houston panel rules plaintiff will get none of the $26 million." The Newark (N.J.) Star-Ledger reports that "Vioxx awards overturned; Drugmaker wins appeals in Texas and New Jersey." And Texas Lawyer reports that "Plaintiffs Lawyer Lanier to Appeal Vioxx Reversal." Yesterday morning, I had this post linking to both rulings. "Verdict mixed in S.F. steroid trial of coach": Lance Williams and Bob Egelko have this article today in The San Francisco Chronicle. Posted at 09:20 AM by Howard Bashman "Texas Loses Court Ruling Over Taking of Children": The New York Times contains this article today. The Washington Post reports today that "High Court in Texas Backs Sect's Parents." The Los Angeles Times reports that "FLDS ruling upheld by Texas Supreme Court; The state failed to show that the polygamist sect's children were in imminent danger when they were seized, justices agree; Experts say each case will have to be handled individually." USA Today reports that "Ruling upheld in polygamist case; 126 kids may soon return to sect ranch." The Houston Chronicle reports that "State officials prepare to reunite sect children with parents." The Dallas Morning News reports that "Children removed from polygamist ranch could be going home." The Fort Worth Star-Telegram contains an article headlined "Texas Supreme Court: CPS overstepped its bounds in polygamy sect case." The San Antonio Express-News reports that "State is set to return children to sect parents." Texas Lawyer reports that "Texas Supreme Court Nixes Removal of Children From Polygamists' Ranch." The Salt Lake Tribune reports that "Texas Supreme Court says the state crossed the line by keeping FLDS kids in custody." And from National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Texas Court Agrees Children Must Be Returned," while today's broadcast of "Morning Edition" contained an audio segment entitled "Court Deems Polygamist Kids' Removal Unlawful." RealPlayer is required to launch these audio segments. "34 Convicted in Display At U.S. Supreme Court; Protesters Had Decried Guantanamo": This article appears today in The Washington Post. Posted at 08:37 AM by Howard Bashman "Court To Decide If Spitzer Overreached on Grasso": Today in The New York Sun, Joseph Goldstein has an article that begins, "The state's highest court is gearing up to decide whether Eliot Spitzer overreached four years ago when, as attorney general, he sought to force a former New York Stock Exchange chief, Richard Grasso, to relinquish his $187.5 million pay package." Posted at 07:58 AM by Howard Bashman "Future Gay Unions Face Legal Hurdles in California": law.com provides a report that begins, "Same-sex couples excited by the California Supreme Court's two-week-old decision declaring their right to wed are already booking dates to get licenses. But what will happen to those marriages if voters approve a proposed constitutional amendment in November that would restrict marriage to the union of a man and a woman? There is no clear answer, but attorneys on both sides of the issue have staked out their positions and are ready for a fight." Posted at 07:55 AM by Howard Bashman "Appeals Court Rules Against Burlington Student": The Hartford Courant today contains an article that begins, "Ruling in a case that addresses broad questions of the boundaries of free speech in the Internet age, a federal appeals court on Thursday effectively ended a Burlington student's effort to serve as a class officer and speak at graduation." And The Associated Press reports that "NY court finds speech made outside of school can be punished." My earlier coverage of yesterday's Second Circuit ruling appears at this link. Thursday, May 29, 2008 The Associated Press is reporting: Now available online are articles headlined "Gitmo judge removed from Canadian's case" and "Lawyers want 9/11 trial dismissed." Posted at 10:52 PM by Howard Bashman "The state illegally removed more than 400 children from their parents last month after raiding a polygamist sect's West Texas ranch, the Texas Supreme Court said today." So begins this news update from The Houston Chronicle. And The Associated Press provides a report headlined "Court: Sect children should be returned to parents." Today's ruling of the Supreme Court of Texas consists of a majority opinion and an opinion concurring in part and dissenting in part. The majority opinion in a second, related case can be accessed here. Second Circuit rules against high school student who claims her First Amendment rights were violated when she was disciplined by the school for posting a vulgar and misleading message about an upcoming school event on an publicly-accessible web log: The U.S. Court of Appeals for the Second Circuit today issued its ruling in the much-anticipated case of Doninger v. Niehoff. Today's opinion begins, "Plaintiff-Appellant Lauren Doninger appeals from the August 31, 2007 order of the United States District Court for the District of Connecticut (Kravitz, J.) denying her motion for a preliminary injunction. Doninger v. Niehoff, 514 F. Supp. 2d 199 (D. Conn. 2007). Doninger sued Defendants-Appellees Karissa Niehoff and Paula Schwartz, respectively the principal of Lewis Mills High School and the superintendent of the district in which LMHS is located, when her daughter, Avery Doninger, was disqualified from running for Senior Class Secretary after she posted a vulgar and misleading message about the supposed cancellation of an upcoming school event on an independently operated, publicly accessible web log (or 'blog')." The introductory paragraph continues, "Doninger, alleging principally a violation of her daughter's First Amendment rights, moved for a preliminary injunction voiding the election for Senior Class Secretary and ordering the school either to hold a new election in which Avery would be allowed to participate or to grant Avery the same title, honors, and obligations as the student elected to the position, including the privilege of speaking as a class officer at graduation. The district court denied the motion, concluding that Doninger had failed to show a sufficient likelihood of success on the merits. Because Avery's blog post created a foreseeable risk of substantial disruption at LMHS, we conclude that the district court did not abuse its discretion. We therefore affirm the denial of Doninger's preliminary injunction motion." The federal district court's decision, which today's Second Circuit ruling affirms, can be accessed at this link. My earlier coverage of this case appears here (covering the Second Circuit's oral argument) and here (covering the trial court's ruling). "Personhood amendment on Nov. ballot": The Denver Post provides a news update that begins, "Colorado voters will be asked to amend the state Constitution this November to define personhood as 'any human being from the moment of fertilization.' Colorado for Equal Rights, the grassroots group seeking a measure to extend constitutional protections to the earliest individuals, fertilized eggs, succeeded in submitting more than enough valid voter signatures, the secretary of state said Thursday morning." And The Associated Press reports that "Anti-abortion measure OK'd for Colo. ballot." "NJ, Texas courts scrap awards from Vioxx cases": The Associated Press provides this report on state intermediate appellate court rulings that issued today from Texas and New Jersey. You can access today's ruling of the Fourteenth Court of Appeals of Texas at this link. And you can access today's lengthy ruling of the Superior Court of New Jersey, Appellate Division, at this link. Does Arkansas law prohibit marriage between a man and his adopted daughter's adopted daughter? As characterized by the dissenting judge, today's ruling of the U.S. Court of Appeals for the Sixth Circuit in a case involving convictions for conspiracy to defraud the United States Department of Defense and making material false statements to a federal agent involves a scheme notable for its "ickiness." Posted at 11:12 AM by Howard Bashman "For Blind High Court Clerk, the Sky's the Limit": law.com's Tony Mauro has this report. According to the article, in July 2008, Isaac Lidsky will become the first blind person to become a law clerk at the U.S. Supreme Court. According to the article, Lidsky previously clerked for Circuit Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit. Thanks to YouTube, you can watch Isaac throw out the first pitch at a Florida Marlins game from last year and speak about his charitable organization, Hope For Vision. "High court hearing pits religious vs. equal rights; Lesbian sued doctors who denied her fertility procedure": Greg Moran has this article today in The San Diego Union-Tribune. Today in The San Francisco Chronicle, Bob Egelko reports that "Court weighs if doctors can not treat lesbian." In The Los Angeles Times, Maura Dolan reports that "State Supreme Court may give gays a medical victory; Justices appear to be leaning toward forbidding doctors from denying treatment based on their religious views." And The Bay Area Reporter has an article headlined "Infertility case goes to high court." "Phila. fire paramedics win right to receive overtime pay": The Philadelphia Inquirer today contains an article that begins, "Philadelphia Fire Department paramedics who went to court to get overtime pay won a significant victory yesterday when a federal appeals court ruled they are entitled to overtime pay if they work more than 40 hours a week. The 2-1 ruling by the U.S. Court of Appeals for the Third Circuit came in a case involving about 300 fire service paramedics who are assigned to 40 different units at firehouses across the city. The appellate judges sent the case back to federal district court for a determination of damages." My earlier coverage of yesterday's Third Circuit ruling appears at this link. "Justices Show Ability To Move to the Center": Robert Barnes has this news analysis today in The Washington Post. Posted at 09:12 AM by Howard Bashman "Day ends without a Fieger verdict; Deliberating jury asks to see exhibits": David Ashenfelter has this article today in The Detroit Free Press. Posted at 09:05 AM by Howard Bashman "Paul House will remain in jail until retrial; Prosecution won't seek death penalty": The Tennessean today contains an article that begins, "After 22 years on death row, after all the appeals, after a U.S. Supreme Court decision questioning the evidence and testimony against him, Paul House will remain in jail. A federal judge had considered releasing him from prison Wednesday after House had won some victories in federal court, but now that state prosecutors plan to retry House, U.S. District Judge Harry S. Mattice Jr. has decided he should stay in jail, saying the case is now under state jurisdiction." And The Knoxville News Sentinel reports today that "House to be retried in Oct.; After state loses appeal, judge sets ruling in motion." "In Defense of Workers": The New York Times today contains an editorial that begins, "The Supreme Court handed down a pair of well-reasoned, fair-minded rulings this week upholding the rights of employees who charge age and race discrimination." And The Washington Post today contains an editorial entitled "Flawed Victory: The Supreme Court stretches the law to help victims of workplace retaliation." "Watchdogs question lawyer's assistance to Medina's wife; Lawyer whose firm has a case before court aids in securing bail": The Houston Chronicle today contains an article that begins, "A prominent Houston lawyer whose firm is involved in a major asbestos liability case before the Texas Supreme Court helped Justice David Medina's wife obtain bail after she was indicted earlier this month on arson and related charges." And The Associated Press reports that "Lawyer with case before court helped judge's wife get bail." "Mentally incompetent defendants on rise; Trend tied to limited health care access, lawyers' strategies": This article appears today in USA Today. Posted at 08:30 AM by Howard Bashman "Why a Texas Appellate Court Seriously Erred In Concluding that Texas Child Protective Services Should Not Have Rescued All of the Children at the FLDS Compound": Marci Hamilton has this essay online today at FindLaw. Posted at 08:23 AM by Howard Bashman Wednesday, May 28, 2008 "George H. Ryan, Illinois ex-governor, is rebuffed by Supreme Court; The justices' refusal to hear an appeal of his corruption conviction means his 6 1/2-year prison sentence stands": David G. Savage has this article today in The Los Angeles Times. The New York Times reports today that "Ex-Governor, Now in Prison, Sees Case End." The Chicago Tribune contains an article headlined "Ryan's final appeal: White House; After Supreme Court rejects bid to hear case, only remaining option is commutation." And The Chicago Sun-Times contains an article headlined "Ryan's hope: Ex-Gov. Thompson to seek presidential commutation for former governor." "State Supreme Court reprimands Ziegler in unprecedented ruling": The Capital Times of Madison, Wisconsin provides a news update that begins, "The Wisconsin Supreme Court reprimanded its newest sitting justice for conflicts of interest during cases she presided over while a circuit judge in Washington County, marking the first time the court issued a decision disciplining one its own." The Wisconsin State Journal provides a news update headlined "Supreme court's newest member reprimanded over conflicts of interest." And The Milwaukee Journal Sentinel provides a news update headlined "Supreme Court reprimands Ziegler." You can access at this link today's ruling of the Supreme Court of Wisconsin. "New York to Back Same-Sex Unions From Elsewhere": This article will appear Thursday in The New York Times. Posted at 10:48 PM by Howard Bashman "Fed appeals court nixes party registration, voter ID ruling": The AP provides an article that begins, "The 5th U.S. Circuit Court of Appeals on Wednesday overturned a ruling that would have forced Mississippians to register by political party and to show photo identification at the polls to be able to vote." You can access today's Fifth Circuit ruling at this link. "Appeals court revives lawsuit against Halliburton": The Associated Press provides a report that begins, "A federal appeals court on Wednesday revived lawsuits against military contractors over a deadly ambush that killed civilian truck drivers in Iraq. The suits filed by truckers and their families accuse Halliburton and a former subsidiary, KBR Inc., of knowingly sending a convoy into a dangerous area where six KBR drivers were killed and several others wounded on April 9, 2004. A federal judge in Houston threw out the lawsuits in September 2006, saying the judiciary can't second-guess the military's battlefield decisions. But the 5th U.S. Circuit Court of Appeals in New Orleans reversed that judge's ruling on Wednesday and sent the three cases back to the lower court for further proceedings." You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. "No verdict in first day of Fieger deliberations": David Ashenfelter of The Detroit Free Press has this news update. Posted at 10:22 PM by Howard Bashman "State high court may give gays another victory; Justices are apparently leaning toward forbidding doctors from denying treatment based on their religious views; Such a ruling would follow the justices' decision to grant same-sex marriages": Maura Dolan of The Los Angeles Times has this news update. Greg Moran of The San Diego Union-Tribune has a news update headlined "High court mulls role of religious beliefs in discrimination claim." And Howard Mintz of The San Jose Mercury News has an update headlined "Lesbian couple denied infertility treatment take case to California Supreme Court." "Same-sex marriages can start June 17": The San Francisco Chronicle provides a news update that begins, "California counties can begin issuing marriage licenses to same-sex couples on June 17, the state's Office of Vital Records determined today. That is a day later than many county officials had assumed and some same-sex couples had booked time slots for weddings on June 16. The decision to issue licenses starting June 17 allows the state Supreme Court the maximum time to consider any challenge to its ruling before it takes effect, according to a letter sent today to county clerks by the Office of Vital Records." And The Associated Press provides a report headlined "State: Gay marriage to begin June 17 in California." "This appeal forces us to choose sides in an emergent circuit split regarding the interpretation of the phrase 'responsibility to engage in fire suppression' as used in * * * the Fair Labor Standards Act": A three-judge panel of the U.S. Court of Appeals for the Third Circuit has today divided 2-1 over whether "paramedics employed by the City of Philadelphia Fire Department have 'legal authority and responsibility' for fire suppression activities within the meaning of the Fair Labor Standards Act" so as to make them exempt from being entitled to receive time-and-a-half pay for working overtime. A Philadelphia-based federal district judge had ruled, in the decision under review, that the paramedics were not entitled to receive overtime pay. Today's majority disagrees, holding that "the plaintiff-appellants in the instant case are not firefighters at all, but are single function paramedics who happen to be employed by a fire department" and thus remain entitled to overtime pay under the FLSA. You can access today's ruling at this link. Interestingly, today's three-judge panel consists of the Third Circuit's longest-serving active judge (an appointee of President Carter) and two of the Third Circuit's newest judges (both appointees of President George W. Bush). It is the Third Circuit's newest judge who is the author of today's dissent. "Prosecutors: Alleged terrorist shouldn't get news." The Associated Press provides a report that begins, "The staff guarding a suspected terrorist could be in danger if he is allowed to watch television news about the wars in Iraq and Afghanistan, prosecutors said. Ali al-Marri, a legal resident alien from Qatar, is the only enemy combatant held on U.S. soil. He was arrested in 2001 and has been held in solitary detention at a U.S. Navy brig near Charleston for nearly five years." Posted at 12:45 PM by Howard Bashman View live today's California Supreme Court oral argument on a doctor's religious objection to lesbian artificial insemination: By clicking here (Windows Media Player required), you can view the oral argument live, online. Posted at 12:05 PM by Howard Bashman "Don't believe Fieger, jury told; Defense counters that U.S. is out to get him": Today in The Detroit Free Press, David Ashenfelter has an article that begins, "A federal court jury is expected this morning to start deciding the fate of controversial Southfield criminal lawyer Geoffrey Fieger and law partner Vernon (Ven) Johnson. U.S. District Judge Paul Borman is instruct the jury on the law at 10 a.m. before sending jurors into a room to decide whether the men broke the law when they recruited 64 people to contribute a total of $127,000 to John Edwards' 2004 presidential campaign and reimbursed them with law firm funds. In court Tuesday, prosecutors and defense lawyers spent five hours trying to bring jurors around to their point of view." And The Associated Press reports that "Judge to give jury instructions in Geoffrey Fieger campaign finance trial in Detroit." "Michigan House bans partial birth abortion; Bill to end partial birth practice now goes to Granholm's desk, where it is likely to be vetoed": This article appears today in The Detroit News. And The Associated Press reports that "Michigan House votes to ban partial birth abortions." Emily Litella was pleased to learn that thespians were largely unaffected by these physicians' refusal to perform artificial insemination: The North County Times today contains an article headlined "State's high court to hear local case of civil rights clash" that begins, "Can doctors cite religious beliefs in refusing to provide a nonemergency treatment to gays and lesbians? The question, which stems from a North County case that some say pits religious freedoms against protection from discrimination, is at issue Wednesday as California's highest court hears arguments from both sides. Some argue that the case, a clash of civil rights, has landmark potential that could reverberate throughout the state. The hearing comes just two weeks after the same court split 4-3 in favor of legalizing gay marriage. The question before the court is whether a doctor has a constitutional right to cite religious grounds in refusing to perform a medical procedure because of the patient's sexual orientation, or whether state law precludes such discrimination." And ABC News provides a report headlined "Doctors Deny Lesbian Artificial Insemination; 'You Can't Opt Out of the Law Because of Your Religious Beliefs,' Says Lambda." The Supreme Court of California is scheduled to hear oral argument in the case today, and the California Channel plans to televise the oral argument and make it available online via this link (Windows Media Player required), beginning at noon eastern time, 9 a.m. pacific time. The Second Circuit hears oral argument on The Associated Press's request to obtain the identities of hundreds of Guantanamo Bay detainees: By clicking here (RealPlayer required), you can view the May 17, 2008 broadcast of C-SPAN's "America and the Courts" program. After the Second Circuit's oral argument concludes, you can watch Tom Goldstein speak for approximately thirty minutes about building an appellate practice. Posted at 09:30 AM by Howard Bashman "Supreme Court gives workers protection from retaliation; The justices rule that employees who say they were punished for complaining of bias can sue for damages": David G. Savage has this article today in The Los Angeles Times. Today in USA Today, Joan Biskupic reports that "High court's rulings on bias protect workers, respect past." law.com's Tony Mauro reports that "High Court OKs Suits Against Retaliation Over Workplace Claims." On yesterday evening's broadcast of NPR's "All Things Considered." Nina Totenberg had an audio segment entitled "High Court Holds Steady on Bias Cases" (RealPlayer required). And yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained this report featuring Marcia Coyle (RealPlayer required) about the rulings. "Please, Is This $1 or $100? A federal appeals court has ruled, properly, that American currency discriminates against the blind because the bills are too hard to tell apart." This editorial appears today in The New York Times. Posted at 09:07 AM by Howard Bashman "Judge Gives Terror Victims a Victory Over Iran; Rules in Case Involving Artifacts Held by Chicago Museums": Josh Gerstein has this article today in The New York Sun. Posted at 08:55 AM by Howard Bashman "'9/11 hero' takes over prison camp; A Navy officer who entered the burning Pentagon on Sept. 11 to save lives has been named head of the complex that houses terror suspects": Carol Rosenberg has this article today in The Miami Herald. Posted at 08:44 AM by Howard Bashman "GE Suffers a Redaction Disaster; General Electric's sensitive information easy to access behind black veil": law.com provides a report that begins, "Lawyers involved in the class action sex discrimination case against Fairfield, Conn.-based General Electric in 2007 would rather you not read passages from various filings. After all, the plaintiffs' firm, Sanford, Wittels & Heisler in Washington, D.C., took the time and effort to black out reams of pages in numerous briefs to make them inaccessible to the public -- or so they thought." Posted at 08:40 AM by Howard Bashman "Hearsay, the Sixth Amendment, and Framers' Intent: The U.S. Supreme Court Hears Argument in Giles v. California." Sherry F. Colb has this essay online today at FindLaw. Posted at 08:35 AM by Howard Bashman "Justice In A Time Of Terror: Despite Past Failures In Legal War On Terror, It's Not Too Late To Get Things Right." CBS News legal analyst Andrew Cohen has this CourtWatch column. Posted at 08:30 AM by Howard Bashman "Tenn. man on death row despite high court ruling": The Associated Press provides a report that begins, "Multiple sclerosis has Paul House in a wheelchair. A tenacious prosecutor has him on death row, deemed too dangerous to be released two years after the U.S. Supreme Court said he likely isn't guilty. That closely watched ruling, which made it easier for inmates to get new hearings on DNA evidence that emerges after their trials, and the fallout from it have left House in limbo while a prosecutor methodically battles every effort from the courts to have him retried." Posted at 08:27 AM by Howard Bashman Tuesday, May 27, 2008 "Justices Say Law Bars Retaliation Over Bias Claims": Linda Greenhouse will have this article Wednesday in The New York Times. And Wednesday in The Washington Post, Robert Barnes and William Branigin will have a front page article headlined "Justices Uphold Retaliation Lawsuits; Federal, Private Workers Have Same Protections." "Philadelphia to challenge boy scouts on gay stance": Reuters provides this report. Posted at 10:55 PM by Howard Bashman "U.S. Supreme Court rejects Ryan appeal; Ex-Illinois governor runs out of legal options": The Chicago Tribune provides this news update. Posted at 10:45 PM by Howard Bashman "Does the Supreme Court's Current Doctrine of Stare Decisis Require Adherence to the Supreme Court's Current Doctrine of Stare Decisis?" Law Professor Michael Stokes Paulsen has posted this article (abstract with link for download) online at SSRN (via "Legal Theory Blog"). Posted at 10:38 PM by Howard Bashman "Firm's unlikely client: Bin Laden's ex-driver; Seattle lawyers taking on Bush, Guantanamo." Today's edition of The Seattle Post-Intelligencer contains an article that begins, "With corporate clients such as The Boeing Co. and more than a third of a billion dollars in annual revenue, it might seem odd that lawyers from the Seattle firm of Perkins Coie would find themselves defending a dirt-poor Yemeni tribesman with a fourth-grade education. But the tribesman is Osama bin Laden's former driver. And defending him, the lawyers say, means checking the power of the president of the United States and exposing inhumane conditions at the Guantanamo Bay prison." Posted at 07:58 PM by Howard Bashman "Workers can sue firms over retaliation, Supreme Court rules; In two rulings Tuesday, the justcies took an expansive view of civil rights law": Warren Richey will have this article Wednesday in The Christian Science Monitor. Posted at 06:08 PM by Howard Bashman "Texas appeal says FLDS families are flight risks": The Associated Press provides a report that begins, "Families of children seized from their polygamist sect's ranch could flee Texas if they regain custody, child welfare authorities said Tuesday as they urged the state Supreme Court to block a ruling that found the massive removals to be improper." Posted at 06:00 PM by Howard Bashman State of California, don't tax Eugene Volokh's porn! Law Professor Volokh (the elder) explains why a proposed California tax on "the sale of, or the storage, use, or other consumption of, tangible personal property that is adult material" would be unconstitutional in a post that you can access here. Posted at 05:20 PM by Howard Bashman "Boy Scouts sue Phila. to stay in headquarters": The Philadelphia Inquirer provides a news update that begins, "The Boy Scouts of America's Philadelphia chapter has sued the City of Philadelphia in federal court to block the city's May 31 deadline for the scouts to open membership to gays and atheists, or vacate their historic 1928 headquarters off Logan Square. The civil rights lawsuit, filed Friday in federal court in Center City, contends that the city's ultimatum violates the scouts' rights under the U.S. and Pennsylvania Constitutions." And The Associated Press reports that "Boy Scouts sue Philadelphia over rent, policy barring gays." "Supreme Court bolsters anti-bias protections for workers in 2 rulings; In one case, justices back a fired black man's bias claim based on the nation's first civil rights law; In the other, a federal clerk wins an anti-retaliation safeguard enjoyed in the private sector": David G. Savage of The Los Angeles Times has this news update. Posted at 03:08 PM by Howard Bashman Access online today's decisions in argued cases and Order List of the U.S. Supreme Court: The Court today issued three decisions in argued cases but did not grant review in any new cases, although the Court did call for the views of the Solicitor General in one case. 1. In Gomez-Perez v. Potter, No. 06-1321, Justice Samuel A. Alito, Jr. delivered the opinion of the Court, in which Justices John Paul Stevens, Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. The Chief Justice issued a dissenting opinion, in which Justices Antonin Scalia and Clarence Thomas joined. Justice Thomas also issued a short separate dissent, in which Justice Scalia joined. Speculation abounds that Justice Alito did not want to squelch the current meme about the Court's no longer deciding cases by 5-4 margins, and also he never really liked those Harry Potter books very much. You can access the decision at this link and the oral argument transcript at this link. 2. In CBOCS West, Inc. v. Humphries, No. 06-1431, Justice Breyer delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Kennedy, Souter, Ginsburg, Breyer, and Alito joined. Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the decision at this link and the oral argument transcript at this link. 3. And in Riley v. Kennedy, No. 07-77, Justice Ginsburg delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Kennedy, Thomas, Breyer, and Alito joined. Justice Stevens issued a dissenting opinion, in which Justice Souter joined. You can access the decision at this link and the oral argument transcript at this link. At "SCOTUSblog," Lyle Denniston has a post titled "Court protects against retaliation." The Associated Press provides reports headlined "Court OKs suits on retaliation in race, age cases"; "Supreme Court sides with Ala. governor"; "Court turns down former Illinois governor"; and "Justices turn down T-Mobile appeal over contracts." Greg Stohr of Bloomberg News reports that "Worker Retaliation Suits Backed by U.S. Supreme Court." And James Vicini of Reuters reports that "Court rejects appeal by ex-Illinois Gov. Ryan." "Court to hear insemination case; Lesbian's suit spurred by denial of treatment": Today in The San Diego Union-Tribune, Greg Moran has an article that begins, "With its historic same-sex marriage ruling still reverberating across the state, the California Supreme Court this week will take up another case - with landmark potential - involving same-sex civil rights and religious freedom. The issue is whether fertility physicians at North Coast Women's Care in Vista discriminated against a lesbian couple from Oceanside when they cited religious beliefs in refusing to perform artificial insemination." And The Associated Press reports that "High court to hear lesbian's case; Woman claims doctors denied artificial insemination because of sexual orientation." "Are FLDS sect's beliefs sufficient grounds for taking the kids? Texas Supreme Court is set to weigh in on state's actions toward a polygamous sect." The Christian Science Monitor contains this article today. Posted at 08:14 AM by Howard Bashman "Judge's old notes shed light on last execution in R.I." This article appeared Sunday in The Providence Journal. Posted at 08:05 AM by Howard Bashman "Three Gavels for Tennessee": Today's edition of The Wall Street Journal contains an editorial that begins, "It was sunny in Tennessee last week, when the state's controversial method of picking judges was allowed to expire amid high-stakes legislative wrangling. The change marks the first time a merit selection plan has been ousted in any state that has adopted it." Posted at 07:50 AM by Howard Bashman "Off the bench, judge blogs her mind; Gertner's observations an anomaly in Mass." The Boston Globe today contains an article that begins, "For those who think the typical blogger is a twenty-something tapping on a laptop while wearing pajamas and listening to Death Cab for Cutie through earbuds, a Brookline woman who blogs on legal affairs for Slate magazine is an anomaly. At 62, she finds listening to music with lyrics too distracting when she writes, although she sometimes likes Chopin in the background. She typically composes her blogs in her work attire - a business suit or a dress. And she's a federal judge." U.S. District Judge Nancy Gertner is among the many contributors to Slate's "Convictions" blog. You can access only her posts (totaling four, thus far) by clicking here. "The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: Why Domestic Partnerships Are Not Enough." Joanna Grossman and Linda McClain have this essay online today at FindLaw. Posted at 07:35 AM by Howard Bashman Monday, May 26, 2008 "California gay marriage ruling isn't seen as trend; The state Supreme Court's decision to strike down a ban on such unions is not likely to have a national ripple effect, experts on both sides of the issue say": David G. Savage has this article today in The Los Angeles Times, along with an article headlined "Bans on gay marriages are expected to face legal challenges; Conservative activists say the California ruling exposes a vulnerability in the laws against same-sex unions." And The San Francisco Chronicle reports today that "Battle looms for plan to ban same-sex nuptials." "With Other Nations Refusing Detainees' Return, 'We Are Stuck' With Guantanamo, Gates Says": This article appears today in The Washington Post. Posted at 10:05 PM by Howard Bashman "11th Circuit to Consider Whether Right to Counsel Is Lost When Assets Are Frozen": law.com provides this report. Posted at 09:57 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "YouTube suit called threat to online communication" and "Lethal injections raise defense attorneys' fears." Posted at 09:10 PM by Howard Bashman "The California Supreme Court's Decision Equalizing Marriage for Gay and Straight Couples: Did the Court Overstep?" Edward Lazarus has this essay online at FindLaw. Posted at 08:54 PM by Howard Bashman  
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