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Archived: 11/06/2008 at 20:08:46
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Thursday, November 6, 2008 "Shape of Chamber Hangs in Balance; Outcomes of Four Tight Races Could Take Up to a Month to Determine": The Washington Post today contains an article that begins, "The final shape of the new Senate lingered in doubt yesterday with a runoff likely in Georgia, recounts pending in Minnesota and possibly Oregon, and uncertainty over whether the longest-serving Republican senator in U.S. history had held on to his Alaska seat barely a week after being convicted on corruption charges." Posted at 08:47 AM by Howard Bashman "Bans in 3 States on Gay Marriage": This article appears today in The New York Times, along with an editorial entitled "Equality's Winding Path." The Los Angeles Times today contains articles headlined "Backers focused Prop. 8 battle beyond marriage; Opponents of gay marriage shrewdly targeted the implications for schools, churches and children, analysts say" and "Gay rights backers file 3 lawsuits challenging Prop. 8; Lawyers for same-sex couples argue that the anti-gay marriage measure is an illegal constitutional revision; Backers of the measure attack the suits." In addition, the newspaper contains an editorial entitled "After Prop. 8: The road to equal rights may be long, but Obama's victory proves that change can come," and John Corvino has an op-ed entitled "Gay marriage isn't over; The passage of Prop. 8 is only a temporary setback." The Washington Post reports that "California Voters Narrowly Approve Same-Sex Marriage Ban; Limits on Abortion Rejected in Colorado And South Dakota." The Wall Street Journal reports that "California Set to Join Trend of Banning Gay Marriage." The newspaper also contains an editorial entitled "Voters and Marriage: The people have spoken -- again." USA Today reports that "California same-sex marriage ban faces three lawsuits." And The Harvard Crimson reports that "California Gay Marriage Ban Inflames Students." "Federal judge wants his polygraph used in Houston trial": Last Friday in The Houston Chronicle, Mary Flood had an article that begins, "U.S. District Judge Samuel Kent is asking that the results of two polygraph tests he passed be presented to the jury that will decide whether he is guilty of federal charges of sexually abusing an employee." Posted at 08:30 AM by Howard Bashman "First Female Solicitor General? Could Happen In Obama's Administration." Rachel Breitman has this post today at "The Am Law Daily" blog. Posted at 08:27 AM by Howard Bashman "Court Hears Asylum Case of Ex-Guard From Eritrea": Adam Liptak has this article today in The New York Times. Posted at 08:23 AM by Howard Bashman "Lawyers Will Be Lawyers, Dumping More on Juries Than They Can Process": Leslie Eaton and Amir Efrati have this article today in The Wall Street Journal. Posted at 08:20 AM by Howard Bashman "Difficult Choices Await New President On Guantanamo, Intelligence Policies": Jess Bravin and Siobhan Gorman have this article today in The Wall Street Journal. Posted at 08:14 AM by Howard Bashman "School Board, Frederick reach settlement in 'Bong Hits' case; Agreement includes a $45,000 payment to former student": This article appeared yesterday in The Juneau Empire. And The Associated Press reports that "Settlement brings end to Juneau's Bong Hits case." Thanks to the author of the "Sheridan: Con-Law" blog for the pointer. In news from Harvard Law School: The Boston Globe today contains an article headlined "Clients' data missing, Harvard Law warns; Computer backup lost during transit" that begins, "Harvard Law School is alerting thousands of clients from a legal services clinic after a computer tape containing their Social Security numbers, addresses, and financial information was lost in September." The Harvard Crimson reports today that "Nesson, Harvard Law Professor, Sues RIAA." The article begins, "A Harvard Law School professor filed a counterclaim last Friday against the Recording Industry Association of America that challenges the constitutionality of the RIAA's efforts against those caught downloading music from file-sharing services." And a news release from the law school headlined "Will the Supreme Court be transformed in the next four years?" links to this video (RealPlayer required) of a panel discussion that was "moderated by Dean Elena Kagan '86, [and] included professors David Barron '94, Charles Fried, Cass Sunstein '78, Laurence Tribe '66 and New Yorker staff writer and CNN senior legal analyst Jeffrey Toobin '86." "San Francisco Court Puts Kozinski Complaint on Hold": Cynthia Cotts of Bloomberg News has an article that begins, "An ethics committee of the federal appeals court in San Francisco issued an order to stop an investigation of a lawyer's complaint alleging misconduct by Alex Kozinski, the court's chief judge. Cyrus Sanai, a Los Angeles attorney, accused Kozinski of putting pornography on a public Web site and revived allegations that the judge broke into a computer security system in 2001 and disabled porn-detecting software." You can access Monday's order of the Judicial Council of the Ninth Circuit at this link. Wednesday, November 5, 2008 "Bush Got a Conservative High Court, With Caveats": law.com's Tony Mauro has this report. Posted at 11:40 PM by Howard Bashman "Although I have been on the short end of en banc votes before, this is the first time in sixteen years on the bench that I have written, or even joined, a dissent from the denial of rehearing en banc." So begins a dissent from the denial of rehearing en banc that Eleventh Circuit Judge Ed Carnes issued today. The balance of that dissent is expressly devoted to explaining why the case presents a strong candidate for U.S. Supreme Court review on the question whether "Under the federal fee-shifting statutes can a reasonable attorney's fee be enhanced based on extraordinary effort or results where some evidence and findings support the enhancement, or are all of the factors that lead to the quality of the performance and the results obtained already covered in the lodestar calculation, as the opinions in Delaware Valley and Dague imply?" My earlier coverage of the three-judge panel's ruling in this case can be accessed here. "Nichols prosecutor's closing words: 'He is vicious'; Defendant was not delusional, district attorney says." The Atlanta Journal-Constitution has a news update that begins, "Prosecutors ended the Brian Nichols case like they started -- by playing a blood-curdling recording Wednesday of two loud gunshots and the shrieks of a woman who saw Nichols kill a judge and a stenographer in a Fulton County courtroom." And Greg Land of the Fulton County Daily Report has an article headlined "Lawyers Make Closing Arguments in Courthouse Shooting Case." "Defense starts in Joyce case; Ex-law clerk, secretary say 2001 accident affected boss": This article appears today in The Erie (Pa.) Times-News. Posted at 11:05 PM by Howard Bashman "Justices question doctrines at heart of union-fees case": Tony Mauro has this news analysis online at the First Amendment Center. You can access Monday's transcript of the U.S. Supreme Court's oral argument in Ysursa v. Pocatello Ed. Assn., No. 07-869, at this link. "Same-sex marriage issue heading back to state Supreme Court": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A day after California voters approved a state constitutional ban on same-sex marriage, the incendiary issue returned to the state Supreme Court, where gay and lesbian couples and the city of San Francisco filed lawsuits Wednesday seeking to overturn Proposition 8." And in The Los Angeles Times, Maura Dolan and Tami Abdollah have a news update headlined "Gay rights backers file 3 lawsuits challenging Prop. 8; Lawyers for same-sex couples argue that the anti-gay marriage measure is an illegal constitutional revision; Backers of the measure attack the suits." "Dewey Lawyer, Ex-AG Optimistic After His Day Before U.S. Supreme Court": At "The Am Law Daily" blog, Zach Lowe has a post that begins, "John Van De Kamp, a former Los Angeles district attorney and state Attorney General of California, walked into the U.S. Supreme Court today hoping the justices would grant him absolute immunity from a lawsuit brought by a man wrongly convicted of murder under his watch." You can access today's transcript of oral argument in Van de Kamp v. Goldstein, No. 07-854, at this link. Yesterday, I linked here to Lawrence Hurley's preview of the oral argument published on Monday of this week in The Daily Journal of California. "Left at the Altar: What happens now to gay marriage, in California and elsewhere?" Kenji Yoshino has this jurisprudence essay online at Slate. Posted at 08:22 PM by Howard Bashman "Hathaway unseats Chief Justice Taylor": The Detroit Free Press today contains an article that begins, "Diane Hathaway sprung a stunning upset Tuesday of Clifford Taylor, the conservative chief justice of the Michigan Supreme Court who was the target of a scathing advertising campaign from Democrats." And The Detroit News reports today that "Chief justice concedes defeat." "Appeals Court Rules Against Diversity in Defense Contracts": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times." My earlier coverage of yesterday's Federal Circuit ruling appears at this link. Ninth Circuit holds that California's maintenance of a database of known or suspected child abusers violates due process because identified individuals are not given a fair opportunity to challenge the allegations against them: You can access today's ruling, by a unanimous three-judge panel, at this link. Posted at 02:50 PM by Howard Bashman Ninth Circuit rejects Los Angeles-based strip club's trademark infringement claim against the producer of a video game in the "Grand Theft Auto" series: You can access today's often humorous ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 02:45 PM by Howard Bashman "Obama Wins Mandate on the Courts": Kathryn Kolbert, president of the organization People For the American Way, issued this statement today. Posted at 01:55 PM by Howard Bashman "Same-sex marriage ban wins": The San Francisco Chronicle provides a news update that begins, "After a heated, divisive campaign, fueled by a record $73 million of spending, California voters backed Proposition 8, which would change the state Constitution to ban same-sex marriage. With 96 percent of the vote counted, the measure was winning by a decisive 400,000-vote margin, 52.2 percent to 47.8 percent." The Los Angeles Times has a news update headlined "California voters approve Proposition 8 ban on same-sex marriages; The measure was the most divisive on the state ballot; Its passage throws into doubt the unions of thousands of recently wed couples." The San Jose Mercury News has an update headlined "California voters approve constitutional ban on same-sex marriage, opponents refuse to concede defeat." And The Associated Press reports that "California voters approve gay-marriage ban." "Obama, Democratic-Run U.S. Senate Poised to Reshape Judiciary": Greg Stohr of Bloomberg News provides this report. Posted at 12:33 PM by Howard Bashman "Obama, The Supreme Court And DOJ": CBS News legal analyst Andrew Cohen has this essay today. Posted at 12:28 PM by Howard Bashman "Abortion ban rejection might leave supporters with nowhere to go": The Argus-Leader of Sioux Falls, South Dakota today contains an article that begins, "For the second election in a row, South Dakota voters rejected by a double-digit margin an attempt to ban abortion in the state. The margin for Initiated Measure 11 -- a proposed law to criminalize abortion unless done in cases of rape or pregnancy or to safe the life or health of a woman -- was 55-45 with 736 of 799 precincts reported early Wednesday." The Denver Post reports today that "'Personhood' push rejected; The amendment called for full legal rights from the point of conception; Foes saw a Pandora's box" The Rocky Mountain News reports that "Voters reject Amendment 48 'personhood' issue." The San Francisco Chronicle reports that "Prop. 4, abortion notification, losing." And The Los Angeles Times reports that "Ballot initiatives to curtail abortions defeated; South Dakota's Measure 11, aimed at triggering a Supreme Court showdown on Roe vs. Wade, is losing soundly; Bans on gay marriage appear headed for passage." "Gay marriage ban leading; Possible passage of Prop.8 throws thousands of same-sex unions into doubt": This article appears today in The Los Angeles Times. The San Francisco Chronicle reports today that "Voters backing same-sex marriage ban." The Miami Herald reports that "Amendment banning same-sex marriage in Florida passes." The Arizona Republic reports that "Voters approve proposal to ban gay marriage." And USA Today reports that "Bans on gay marriage gain ground." "Supreme Court Takes Up Case of Use of Profanity on TV": Jerry Markon has this article today in The Washington Post. Today in The Los Angeles Times, David G. Savage reports that "High court conservatives favor indecency rule; U.S. Solicitor General says the strict regulation of broadcast TV preserves a 'safety zone' for families with children." In USA Today, Joan Biskupic reports that "Justices hear FCC obscenity case; Offer few clues to how they'll rule." In The Wall Street Journal, Jess Bravin reports that "Justices Appear Split Over Impact of TV Vulgarity." And law.com's Tony Mauro reports that "Supreme Court Justices Debate the 'F-Bomb.'" After yesterday's voting, the balance of power in the U.S. Senate stands at 56 Democrats and 40 Republicans, with four seats undecided: The States with undecided seats are Alaska, Georgia, Minnesota, and Oregon. The Republican candidate currently has a narrow lead in all four states, with the narrowest lead in Minnesota, where Al Franken is trailing by only 662 votes with 99% of the precincts reporting, according to CNN. You can view more datails from CNN.com at this link. The composition of the U.S. Senate is, of course, relevant to the question of federal judicial confirmations, and sixty votes are needed to have a filibuster-proof majority. In related news coverage, The New York Times reports today that "Democrats Widen Senate Edge to Solid Majority." The Associated Press is reporting: Now available online are articles headlined "California gay marriage vote still undecided"; Posted at 07:35 AM by Howard Bashman Tuesday, November 4, 2008 "Justices Ponder TV's 'Fleeting Expletives'": Adam Liptak will have this article Wednesday in The New York Times. Posted at 11:37 PM by Howard Bashman "Shit Doesn't Happen: The Supreme Court's 100 percent dirt-free exploration of potty words." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 11:35 PM by Howard Bashman A look at the current and future federal appellate court vacancies that President-elect Obama will now be able to fill: A list of the current vacancies can be accessed here, while a list of the anticipated future vacancies can be accessed here. Posted at 11:28 PM by Howard Bashman "Former L.A. District Attorney Goes to High Court to Protect Immunity for Supervisors": Lawrence Hurley of The Daily Journal of California had this front page article yesterday previewing tomorrow's U.S. Supreme Court oral argument in Van de Kamp v. Goldstein, No. 07-854. Posted at 08:32 PM by Howard Bashman "Denied US asylum, an Eritrean prison guard appeals to high court; He says he was forced to stand guard as others were tortured and killed": Warren Richey will have this article Wednesday in The Christian Science Monitor. Posted at 08:04 PM by Howard Bashman "Supreme Court Hears FCC Profanity Case": Jerry Markon of The Washington Post has this news update. David G. Savage of The Los Angeles Times has a news update headlined "U.S. Supreme Court hears case on broadcast indecency; The justices discuss -- without uttering -- the sorts of words at issue in a challenge to the Federal Communications Commission's crackdown on broadcast expletives." And Michael Doyle of McClatchy Newspapers reports that "Supreme Court debates 'F-word' without using it." "Top court considers television dirty words case": James Vicini of Reuters provides this report. And Greg Stohr of Bloomberg News reports that "Profanity Divides Justices in U.S. Broadcasting Case." "Dirty Words Hit Supreme Court": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:27 PM by Howard Bashman Who says you can't argue "fleeting expletives" appeal without uttering any fleeting expletives? Mark Sherman of The Associated Press provides a report headlined "Court wrestles with TV profanity case" that begins, "A divided Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any." And at "SCOTUSblog," Lyle Denniston has a post titled "Prudence prevailed, but the news stops there." Apparently Carter G. Phillips's pretense for delivering a profanity-laden oral argument when this very same appeal was argued before the Second Circuit was simply a load of cr*p. Update: You can access the transcript of today's U.S. Supreme Court oral argument in the "fleeting expletives" case by clicking here. Federal Circuit declares unconstitutional federal law setting goal that five percent of federal defense contracting dollars be awarded to small business concerns owned and controlled by "socially and economically disadvantaged individuals": You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. The final paragraph of today's opinion begins, "For the foregoing reasons, we hold that Section 1207, on its face, as reenacted in 2006, violates the equal protection component of the Fifth Amendment right to due process. Because the statute authorizes DOD to afford preferential treatment on the basis of race, we must apply strict scrutiny. And because Congress did not have a 'strong basis in evidence' upon which to conclude that DOD was a passive participant in pervasive, nationwide racial discrimination--at least not on the evidence produced by DOD and relied on by the district court in this case--the statute fails strict scrutiny." D.C. Circuit affirms dismissal of First Amendment challenge to Treasury regulations that tightened restrictions on Cuba-based study programs: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. The two concurring opinions that accompany the ruling address whether a challenge based on a so-called right of "academic freedom" might have produced a different result. "Tax cases could bring Mass. $1b; Courts poised to rule on where corporations pay": This article appears today in The Boston Globe. According to the article, the cases "are being closely watched around the country, as other states seek to curb strategies that companies use to lower tax bills. Some of the biggest names in corporate America are fighting Massachusetts on this front: Microsoft Corp., Comcast Corp., and Home Depot Inc., among other firms." In news from Harvard Law: The Harvard Crimson reports today that "Tribe Recalls Obama At HLS." And the current issue of The Harvard Law Record contains an article headlined "Justice O'Connor: affirmative action should continue." "Quick ruling sought on claim; Erie Insurance lawyer testifies in Joyce case": The Erie (Pa.) Times-News today contains an article that begins, "Erie Insurance Group fast-tracked then-Superior Court Judge Michael T. Joyce's underinsured motorist claim in 2002 so that the company would not lose the benefit of his rulings on one of the state's highest courts." Posted at 10:50 AM by Howard Bashman "The Court and 'Fleeting Expletives'": The New York Times contains this editorial today. And The Washington Post today contains an editorial entitled "You Can't Say That on Television: The FCC's edict on expletives reaches the Supreme Court." "Supreme Court will rule on rights to DNA testing; The justices will decide whether the constitution empowers inmates to obtain testing of old evidence that might free them; The case is from Alaska, one of six states that do not give that right": David G. Savage has this article today in The Los Angeles Times. Posted at 10:40 AM by Howard Bashman "Bin Laden cohort defiant after getting life sentence; A military jury convicted Osama bin Laden's media secretary of three war crimes charges then condemned the terrorist to serve life in prison; he responded with defiance": Carol Rosenberg has this article today in The Miami Herald. The New York Times reports today that "Detainee Convicted on Terrorism Charges." And The Washington Post reports that "Guantanamo Jury Sentences Bin Laden Aide to Life Term." "Justices Weigh Effect of F.D.A. Approval of Drug Labels on Suits in State Courts": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Jerry Markon reports that "High Court Case Looms Large for Drugmakers." David G. Savage of The Los Angeles Times reports that "Supreme Court weighs lawsuits against drug makers; In Wyeth vs. Levine, the justices appear closely split on whether to uphold the Bush administration's policy that shields companies if the FDA has approved warning labels." In The Wall Street Journal, Jess Bravin reports that "Justices Stake Out Middle Ground in Wyeth Case." The newspaper also contains an editorial entitled "Legal Side Effects: Can companies be sued even if they follow FDA instructions?" In USA Today, Joan Biskupic and Julie Appleby report that "Drugmakers' lawsuit immunity tested; Court reviews strength of FDA label in amputee case." And Michael Doyle of McClatchy Newspapers reports that "Businesses have much at stake in drug suit's outcome." "Singapore says WSJ wages two-decade judicial attack": Reuters provides a report that begins, "Singapore's attorney general accused the Wall Street Journal on Tuesday of waging a two-decade campaign to besmirch the Singapore judiciary, at the start of a contempt of court case brought against the newspaper." Posted at 10:12 AM by Howard Bashman "High Court To Revisit Issue Of Vulgar Speech On Air": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:54 AM by Howard Bashman "Indian land case goes before Supreme Court": The Providence (R.I.) Journal today contains an article that begins, "The Narragansett Indians are entitled to a special trust status that would free 31 acres of tribal land from Rhode Island laws and taxes, a federal lawyer told the U.S. Supreme Court yesterday, but several justices greeted the argument with skeptical questioning." Posted at 09:50 AM by Howard Bashman Caution -- the f-word and/or the s-word may appear here at "How Appealing" before the day's end: And I'm not just talking about Chase Utley. As Mark Sherman of The Associated Press reports, "Supreme Court takes up TV profanity case." Monday, November 3, 2008 Available online from law.com: Tony Mauro reports that "High Court Appears Torn Over Drug Labeling Case." And Amaris Elliott-Engel of The Legal Intelligencer has an article headlined "Pa. Judge Denies Another Breast Cancer-HRT Claim" in which I am quoted. "Justices Agree to Consider DNA Case": Adam Liptak will have this article Tuesday in The New York Times. Posted at 11:25 PM by Howard Bashman "Next President Will Face Test on Detainees": This article appears today in The New York Times. Posted at 11:23 PM by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Court Weighs Reach Of Drug Warning Labels" (featuring Nina Totenberg) and "As Court Weighs 'F' Word Case, Context Examined." And today's broadcast of "Morning Edition" contained an audio segment entitled "Supreme Court Hears Case Involving Drug Labels" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments. "Don't Read His Lips -- You Might Be Offended; The Supreme Court Hears a Challenge to the FCC's Crackdown on 'Fleeting Expletives'; Says Bono, 'I Genuinely Blew It'": Jess Bravin and Amy Schatz will have this article Tuesday in The Wall Street Journal. Posted at 10:55 PM by Howard Bashman "Lawyers Aim to Roll Back Curbs on Lawsuits": The Wall Street Journal today contains an article that begins, "Plaintiff and consumer groups, buoyed by prospects of a Democratic president and expanded Democratic majority in Congress, are preparing a big push for legislation that would roll back limitations on personal-injury and class-action lawsuits." Posted at 10:50 PM by Howard Bashman "Supreme Court considers FCC's rein on foul words; The federal crackdown on the rising use of expletives on TV has sparked free-speech concerns": Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 10:00 PM by Howard Bashman "Label Conscious: The Supreme Court gets positively passionate about pre-emption." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 09:58 PM by Howard Bashman "DNA Testing Will Get Scrutiny by U.S. Supreme Court": Greg Stohr of Bloomberg News provides this report. The Associated Press reports that "Court to decide on convict's right to test DNA." At "SCOTUSblog," Lyle Denniston has a post titled "Court grants two cases." And in other coverage of today's Order List of the U.S. Supreme Court, The AP reports that "Court leaves NC campaign finance law untouched" and "Court won't review Golden Venture smuggling case." "The supreme opportunity": Today in The Chicago Tribune, James Oliphant has an article that begins, "The direction of the Supreme Court could shift significantly depending on whether John McCain or Barack Obama is elected president." Posted at 08:10 PM by Howard Bashman "Supreme Court hears American Indian land case": The Associated Press provides this report. The Providence (R.I.) Journal's news blog has a post titled "Tribal land case arguments ask: What does 'now' mean?" And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Ted Olson Earns His Keep." You can access today's transcript of the U.S. Supreme Court's oral argument in Carcieri v. Kempthorne, No. 07-526, at this link. Carol Rosenberg of The Miami Herald is reporting: She has news updates headlined "Military jury sentences bin Laden video-maker to life in prison; A military jury convicted Osama bin Laden's media secretary of three war crimes charges then ordered the terrorist to serve life in prison; he responded with defiance" and "Al Qaeda media man wouldn't phone home; The second-ever convict at the war crimes court spurned a phone call home as his terror trial reached a climax on Monday." Posted at 07:40 PM by Howard Bashman "Supreme Court considers the reach of drug warning labels; The justices sound closely split as they hear arguments on whether product liability lawsuits should be allowed if a federal agency such as the FDA regulates the product": David G. Savage of The Los Angeles Times provides this news update. Jerry Markon of The Washington Post has a news update headlined "Supreme Court Hears Pharmaceutical Case." In Tuesday's edition of The Christian Science Monitor, Warren Richey will have an article headlined "Supreme Court takes up drug warning labels; The case pits a Vermont musician who lost a limb against a pharmaceutical giant." Mark Sherman of The Associated Press reports that "Court weighs amputee's case; limits on drug suits." And Reuters reports that "Top court weighs drugmaker liability for harm." You can access today's oral argument transcript in Wyeth v. Levine, No. 06-1249, by clicking here. "FCC v. Fox draws intense interest": Tony Mauro has this analysis online at the First Amendment Center. Posted at 04:32 PM by Howard Bashman Programming note: I'll be attending a private (not court-sponsored) mediation this morning in Philadelphia of a case in which my clients have already won on appeal. Additional posts will appear here later today. Posted at 06:40 AM by Howard Bashman Sunday, November 2, 2008 "Retiring judge left his mark": This article about Justice John M. Greaney of the Supreme Judicial Court of Massachusetts appears today in The Republican of Springfield, Massachusetts. Posted at 07:05 PM by Howard Bashman "Politics weighs heavy in contest for top state court seat": The Detroit Free Press contains this article today. Posted at 07:04 PM by Howard Bashman "High court to revisit broadcast profanity": This article appears today in The Washington Times. Posted at 07:02 PM by Howard Bashman "Federal appeals court sides with Westboro Baptist Church on picketing funerals": Yesterday's edition of The Kansas City Star contained an article that begins, "An appeals court reaffirmed Friday that a Kansas church can picket soldiers' funerals while a lower court determines the constitutionality of Missouri's laws banning such protests." And The Associated Press provides a report headlined "Court: Missouri cannot enforce picketing law." You can access Friday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "Supreme Court weighs drug lawsuits": This article appears today in The San Francisco Chronicle. And today's edition of The Philadelphia Inquirer contains an article headlined "When can a drug consumer sue? The principle of 'preemption' could strengthen FDA." "Supreme Court hears case over American Indian land": The Associated Press provides this report. Posted at 04:30 PM by Howard Bashman "Cases Against Detainees Have Thinned; Algerians' Habeas Corpus Hearings Will Begin With Fewer and Lesser Charges": This article appears today in The Washington Post. Posted at 12:20 AM by Howard Bashman "Charlestown lawyer bows out of high court arguments": Yesterday's edition of The Providence (R.I.) Journal contained an article that begins, "To the growing dismay of the governor and the attorney general, Joseph S. Larisa Jr. refused for 2½ months to budge from his position that he should be the one to argue a Narragansett Indian land case before the U. S. Supreme Court. Yesterday, facing an ultimatum from the court, Larisa gave up, with just minutes to spare." And today's newspaper reports that "Rhode Island's advocate before high court is seasoned." "Legislators Using Law As Shield In Probes; Clause Complicates Congressional Cases": This front page article appeared Saturday in The Washington Post. Posted at 12:10 AM by Howard Bashman Saturday, November 1, 2008 "Justices Greet Diva: It's Ardor in the Court ." The New York Times today contains an article that begins, "Justice Antonin Scalia has a reputation as an intimidating jurist who poses withering questions during arguments before the Supreme Court. But on Friday afternoon, when the soprano Leontyne Price entered the West Conference Room at the Court to attend an honorary luncheon hosted by the National Endowment for the Arts, Justice Scalia, an avid opera fan, visibly melted." Posted at 11:54 PM by Howard Bashman "Must It Always Be About Sex?" Adam Liptak will have this article Sunday in the Week in Review section of The New York Times. Posted at 11:48 PM by Howard Bashman "Justices Might Take DNA Evidence Case; Convict Seeks New Tests That He Thinks Could Exonerate Him in Homicide": Jerry Markon will have this article Sunday in The Washington Post. Posted at 11:45 PM by Howard Bashman "Drugmakers seek lawsuit limits at top US court": Reuters provides this report. And Michael Doyle of McClatchy Newspapers has an article headlined "Supreme Court considers: Can states enhance federal rules?" "Judge Allen ethics drama ready for showdown as Florida Supreme Court sets date to hear arguments": Yesterday's edition of The Tallahassee Democrat contained an article that begins, "The Florida Supreme Court will hear oral arguments in the ethics case of 1st District Court of Appeal Judge Michael E. Allen. The decision sets a Dec. 2 showdown in a drama that's gone on for four years at Tallahassee's 1st DCA." Posted at 10:00 AM by Howard Bashman "Supreme Court arguments will focus on naughty words": Michael Doyle of McClatchy Newspapers has this report. Posted at 09:52 AM by Howard Bashman Friday, October 31, 2008 "Nottingham might have made 'false statements'": Today's edition of The Denver Post contains an article that begins, "A judicial investigation into former Chief U.S. District Judge Edward W. Nottingham Jr.'s ties to local prostitutes effectively concluded with Nottingham's resignation, but his problems might not be at an end." And law.com reports that "10th Circuit Drops Judicial Conduct Probe of Former Federal Judge." "High Court Case Turns Political Spotlight on Pre-emption": law.com's Tony Mauro provides this report. Posted at 11:14 PM by Howard Bashman "Ted Olson Wins Supreme Court Showdown": Tony Mauro has this post at "The BLT: The Blog of Legal Times." At "SCOTUSblog," Lyle Denniston has a post titled "Olson will argue on Monday." And the news blog of The Providence (R.I.) Journal has posts titled "Larisa hands off Indian land case to Olson" and "Court: Settle feud in tribal land case yourselves." You can access today's order of the U.S. Supreme Court at this link. Although we may never know whether Larisa's oral argument would have been superior to Olson's, we now do know that Olson and/or his clients have proved more adept at the game of chicken. "Cover-Up Alleged in D.C. Killing Of Lawyer": Saturday's edition of The Washington Post will contain an article that begins, "A police affidavit made public yesterday provided a wealth of new details about one of the District's most mysterious homicide cases, yet it failed to answer the central questions of who killed prominent lawyer Robert Wone in an elegant Dupont Circle townhouse -- and why." And law.com reports that "Arrest Made in Murder of Washington Lawyer; Police say residents of home co-owned by Arent Fox partner obstructed homicide investigation." "The BLT: The Blog of Legal Times" today posted the arrest affidavit at this link. "Doctor found no injury on Joyce": The Erie (Pa.) Times-News today contains this article reporting on the federal criminal trial of former Pennsylvania Superior Court Judge Michael T. Joyce. Posted at 10:45 PM by Howard Bashman "Sex Toy Sales Now Completely Legal In Fifth Circuit; Texas decides not to seek cert in Reliable Consultants case": AVN Media Network provides this report. My earlier coverage of the Fifth Circuit's ruling from February 2008 appears here and here. "Justice Alito, Phillies Phanatic": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Therein, Tony writes that "Alito, a Phillies fan since he was 4 or 5 years old, granted a rare in-chambers interview Friday to convey his enthusiasm about the World Series victory after a 28-year drought." And thanks to the many readers of this blog -- including two federal appellate judges -- who have emailed to congratulate me on the amazing end to the Phillies season this October. "Supreme Court to hear case about indecent speech on TV": Bill Mears of CNN.com provides this report. And in a somewhat related report from today's Phillies celebration, Ken Mandel of MLB.com has an article headlined "Utley, edited: World [Series] champions!" At least this will give Justice Samuel A. Alito, Jr. or his temporarily foul-mouthed friend, Carter G. Phillips, an opportunity to quote Chase Utley at next Tuesday's oral argument of Federal Communications Commission v. Fox Television Stations, Inc. (As shown on this YouTube clip, Philadelphia's Fox affiliate broadcasted the f-word over the public airwaves live earlier this afternoon.) Sadly, as Lyle Denniston reports here at "SCOTUSblog," no same-day audio of Tuesday's oral argument will be made available for broadcast by C-SPAN. Programming note: I and a certain other family member have seats inside Citizens Bank Park this afternoon for the 2008 Philadelphia Phillies World Series Championship Celebration. Additional posts will appear here later today. Posted at 09:55 AM by Howard Bashman "Judge Rejects Motion to Keep Bin Laden Driver Locked Up": Jess Bravin of The Wall Street Journal has this report. You can access the ruling at this link. Posted at 08:10 AM by Howard Bashman "Abortion debate central for some voters": Joan Biskupic has this article today in USA Today. Posted at 08:00 AM by Howard Bashman "Attorney general's private trips have cost taxpayers $155,800": Marisa Taylor of McClatchy Newspapers has this report. Posted at 07:58 AM by Howard Bashman Thursday, October 30, 2008 "Why Those 'Other' Federal Courts Are So Important In This Election: There is considerable opportunity for the next president to shape the legal landscape through appointments to the 13 federal appellate courts." Alexander Wohl has this essay online today at The American Prospect. Posted at 11:32 PM by Howard Bashman Available online from law.com: Mike Scarcella reports that "Federal Circuit Restricts Patent Protection of Business Methods; Court rules that methods or processes can't be patented unless they are tied to a machine or involve a physical transformation." And Shannon P. Duffy reports that "Lawyer Asks Federal Appeals Court to Revive Pa. Anti-Immigration Law; Case is described as the first major court challenge to a growing trend of local laws focusing on immigration concerns." "Navy judge refuses to re-sentence Bin Laden driver; A judge has spurned a Pentagon prosecutor's request to revisit the 66-month sentence of Osama bin Laden's driver on grounds he didn't have authority to grant credit for time serve": Carol Rosenberg of The Miami Herald has this news update. Posted at 08:45 PM by Howard Bashman "US jury convicts son of ex-Liberian president": The Associated Press provides a report that begins, "A federal jury on Thursday convicted the son of former Liberian President Charles Taylor in the first case brought under a 1994 U.S. law allowing prosecution for torture and atrocities committed overseas." And Jay Weaver of The Miami Herald has a news update headlined "Miami jury convicts ex-Liberian leader's son in torture case." "Amputee awaits high court, wants musical glow back": The Associated Press provides this report. Posted at 08:24 PM by Howard Bashman "FDA Memos Undercut Stance On Pre-Empting Drug Suits": This article appears today in The Wall Street Journal. Posted at 06:23 PM by Howard Bashman "Might vulgarity be quite proper?" This afternoon at "SCOTUSblog," Lyle Denniston has a post that begins, "Unless Chief Justice John G. Roberts, Jr., intervenes, some of the argument in the Supreme Court chamber next Tuesday morning may sound at times like a typical conversation in a seventh grade boys' restroom -- the uninhibited use of four-letter words." Posted at 04:35 PM by Howard Bashman "Court limits 'business method' patents": The Associated Press provides a report that begins, "A federal appeals court on Thursday ruled against a man trying to patent a business idea, a decision with far-ranging implications for the financial services and high-tech industries, which have major players on both sides of the issue." My earlier coverage of today's en banc Federal Circuit ruling appears at this link. "Panel says ex-judge Nottingham 'may have lied'": The Rocky Mountain News provides an update that begins, "Former U.S. District Court Judge Edward W. Nottingham may have lied to investigators about using his court-issued computer to access pornography, a special committee of the 10th Circuit Court of Appeals determined. The finding is revealed in an order issued this morning dismissing all complaints against Nottingham, one day after his resignation took effect." The Denver Post provides a news update headlined "Complaints dismissed against former Judge Nottingham." And Denver's NBC News affiliate 9News.com provides a report headlined "Special Committee: Nottingham may have made false statements." In connection with posting online this order, the web site of the U.S. Court of Appeals for the Tenth Circuit today contains a statement that "The Judicial Council of the Tenth Circuit issued the following final order terminating the proceedings involving Judge Nottingham as unnecessary in light of his full resignation, effective yesterday." Another apparently related order posted online today can be accessed here. "The preposition's the thing, court rules; Court applies grammar rules to void deadly conduct conviction": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "The law, it turns out, can be a harrowing preposition. Delivering a grammar lesson and playfully misquoting Shakespeare, the state's top criminal court Wednesday threw out the deadly conduct conviction of a Brazos County man who shot his hallway wall while fighting his twin brother in 2002." Yesterday's ruling of the Texas Court of Criminal Appeals consisted of a majority opinion and a concurring opinion. En banc U.S. Court of Appeals for the Federal Circuit decides what constitutes a "new and useful process" for purposes of patent eligibility: You can access today's 132-page ruling in In re Bilski at this link. Twelve judges participated in the ruling. Nine joined in the majority opinion, while the three remaining judges each issued separate dissenting opinions. The case has been viewed as exceptionally important because it involves the patentability of business methods. Joe Palazzolo of Legal Times covered the en banc oral argument in an article headlined "Judges Ask for More Concrete Patent Test; Federal Circuit argument over business method test answers few questions." "Ecuador choses new Supreme Court by lottery": According to this report from The Associated Press, even the lottery's winners aren't happy about the method of their selection. Posted at 11:10 AM by Howard Bashman "Video-game ban considered by appeals court": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state lawyer tried Wednesday to revive California's ban on selling violent video games to minors by arguing, to an apparently skeptical federal appeals court, that mayhem should be judged by the same obscenity standards as explicit sex." And The Associated Press reports that "Court weighs Calif. law on violent video games." The Ninth Circuit included a short description of the case in a recent news release titled "Ninth Circuit Plans Special Sitting at McGeorge School of Law." "FDA staff, White House disagreed on drug lawsuits, papers show; Waxman releases documents showing that regulators tried to guard injured patients' right to sue as the Bush administration pushed to shield drug makers; The Supreme Court takes up the issue Monday": David G. Savage has this article today in The Los Angeles Times. Posted at 09:54 AM by Howard Bashman "Gay married couples face legal limbo if Prop. 8 passes; Experts see a period of 'legal chaos' on the issue; A challenge to existing marriages would raise novel questions, so no one is certain how courts would rule": Maura Dolan and Jessica Garrison have this article today in The Los Angeles Times. Posted at 09:50 AM by Howard Bashman "Bin Laden propagandist smiles as jury sees his film; A Pentagon prosecutor presented a grisly al Qaeda recruiting video as evidence in Guantanamo trial of Osama bin Laden's 'media man'": Carol Rosenberg has this article today in The Miami Herald. Posted at 09:22 AM by Howard Bashman "Psychiatrist: Nichols angry, not deluded; Apology shows suspect not insane, witness testifies." This article appears today in The Atlanta Journal-Constitution. Posted at 09:18 AM by Howard Bashman "The Times has misspelled her name at least two dozen times since 1980; this is the first correction the paper has published." The New York Times today contains a "For the Record" correction that states, "An article in some editions on Wednesday about Fordham University's plan to give an ethics prize to Supreme Court Justice Stephen G. Breyer misspelled the surname of another Supreme Court justice who received the award in 2001. She is Ruth Bader Ginsburg, not Ginsberg. The Times has misspelled her name at least two dozen times since 1980; this is the first correction the paper has published." Posted at 09:14 AM by Howard Bashman "Same-Sex Marriage on the Ballot in Arizona, a Second Time": This article appears today in The New York Times. Posted at 09:05 AM by Howard Bashman "Joyce trial continues": The Erie (Pa.) Times-News today contains an article that begins, "William Burt, a claims specialist with State Farm insurance, told jurors he approved a $50,000 settlement with former state Superior Court Judge Michael T. Joyce based on Joyce's description of his injuries and on what Joyce's medical providers said in a 3-inch stack of medical records." Posted at 09:00 AM by Howard Bashman "Nottingham officially off the bench": Denver's NBC News affiliate 9News.com provides a report that begins, "Judge Edward Nottingham's resignation became official Wednesday, making him the first federal judge nationwide in the last five years to step down in disgrace and under investigation." The Louisville Courier-Journal reported yesterday that "Louisville native is chief federal court judge in Colorado." And online at The Denver Post's web site, Law Professor Carl Tobias has an essay entitled "Restoring resources to the U.S. District Court." "The Lasting Legacy of a Supreme Court Nomination: The Next President Could Achieve Dramatic Change on Supreme Court." ABC News correspondent Jan Crawford Greenburg provides this report. Posted at 08:45 AM by Howard Bashman "Governor 'outraged' over lawyer dispute": The Providence (R.I.) Journal today contains an article that begins, "Governor Carcieri last night blasted the Charlestown Town Council for refusing to go along with his plan to have a prominent attorney represent the state in a landmark case before the U.S. Supreme Court that will ultimately decide who will control 31 acres of Narragansett Indian land in Charlestown." And last night at "SCOTUSblog," Lyle Denniston had a post titled "Jockeying for the podium." "State Courts in the Balance: The trial bar is hoping for big gains this year." This editorial appears today in The Wall Street Journal. Posted at 08:30 AM by Howard Bashman "Restore fairness to the judiciary": Today in The Boston Globe, Michael S. Greco and Patricia M. Wald have an op-ed that begins, "On Nov. 4 voters will elect not only a president for four years - but also hundreds of federal judges for decades to come. The Bush administration has appointed too many judges with partisan political loyalties who have failed to adequately protect citizens' freedoms." Posted at 08:27 AM by Howard Bashman "As abortion foes grow more intense, a new view surfaces": This article appears today in The Boston Globe. Posted at 08:25 AM by Howard Bashman "When the Police Go Through Your Email: Quirk of Search Law Sets Off Alarm Bells." Dionne Searcey has this article today in The Wall Street Journal. Posted at 08:17 AM by Howard Bashman "U.S. appellate court hears cases at McGeorge; Lawyers argue video game and prison cases": Denny Walsh has this article today in The Sacramento Bee. Posted at 08:15 AM by Howard Bashman "Tiny drug label raises big issue; Lawsuit: Are drugmakers shielded from state laws by FDA approval?" This article appears today in USA Today. Posted at 08:05 AM by Howard Bashman "Are Different Abortion Methods Morally Distinguishable? The U.S. Court of Appeals for the Fourth Circuit Hears Richmond Med. Center v. Herring." Sherry F. Colb has this essay online at FindLaw. Posted at 08:02 AM by Howard Bashman The Philadelphia Phillies have won the 2008 World Series! My son and I were back at Citizens Bank Park in Philadelphia on Wednesday evening to watch the resumption of game five. Tonight was not only somewhat colder and much drier than the first part of game five on Monday night, but the outcome was also far more satisfying. Here's hoping that the Phillies will not need to wait another twenty-eight years before winning another World Series. Congratulations to the Tampa Bay Rays for that team's amazing season and for making this a World Series to remember. You can access the box score for game five at this link, while wraps can be accessed here, here, and here. Wednesday, October 29, 2008 "Obama's 'Redistribution' Constitution: The courts are poised for a takeover by the judicial left." Law Professor Steven G. Calabresi had this op-ed yesterday in The Wall Street Journal. And today at National Review Online, Edward Whelan has an essay entitled "Obama and the Supreme Court: What's really at stake." "FDA Career Staff Objected to Agency Preemption Policies": The House Committee on Oversight and Government Reform issued this majority staff report today. Exhibits to the report can be accessed via this link. Both the Alliance for Justice and the American Association for Justice have issued related news releases. "Flight teacher takes stand": The Erie (Pa.) Times-News today contains this article reporting on the federal criminal trial of former Pennsylvania Superior Court Judge Michael T. Joyce. Posted at 09:25 AM by Howard Bashman "Court OKs Cobb meeting prayers": Today in The Atlanta Journal-Constitution, Bill Rankin has this article. My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link. "Chief Justice Sears to exit next year; '92 appointment made history: As for talk of a possible U.S. Supreme Court seat, she'll cross that bridge if she comes to it, she says." Bill Rankin has this article today in The Atlanta Journal-Constitution. Posted at 09:20 AM by Howard Bashman "Chevron trial over Nigeria protest gets started": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 09:17 AM by Howard Bashman "Emergency motion asks high court to choose state's lawyer": Yesterday's edition of The Providence (R.I.) Journal contained an article that begins, "In a highly unusual move, the U.S. Supreme Court will be asked Friday to weigh in again on the unrelenting dispute over who should argue the state's case to keep control over 31 acres of Narragansett Indian land in Charlestown." The newspaper has also posted online both the emergency motion and an accompanying letter. Carol Rosenberg of The Miami Herald is reporting: She has articles headlined "U.S. details role of 'media man'; The U.S. government alleges that the 'media man for Osama bin Laden' conspired to commit terrorism with a video that sought to legitimize suicide bombings among devout Muslims"; Posted at 08:22 AM by Howard Bashman "Will Expletives Ring Out on C-SPAN?" Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 08:09 AM by Howard Bashman Tuesday, October 28, 2008 "Dreadlocks shouldn't keep man from jury; S.C. Supreme Court rules potential juror shouldn't have been dismissed for hair": Today's edition of The State of Columbia, South Carolina contains an article that begins, "A black man with dreadlocks should not have been kept off a Florence County jury in a 2004 civil trial, the state's top court said Monday. The S.C. Supreme Court in a 3-2 decision said a defense lawyer's stated 'uneasiness' about the dreadlocks was not a 'race-neutral' reason for excluding the prospective juror." You can access yesterday's ruling of the Supreme Court of South Carolina at this link (via "Religion Clause"). "Counsel investigating chief judge's past": Denver's NBC News affiliate 9News.com provides a report that begins, "The office that regulates attorney licenses in Colorado will investigate allegations that federal Chief Judge Edward Nottingham spent $3,000 at a topless bar, viewed pornography on his work computer, intimidated a disabled woman and was a client of two prostitution businesses. The Colorado Supreme Court Attorney Regulation Counsel acknowledged the investigation Saturday in a letter to the person who filed the complaint, Sean Harrington." Posted at 10:48 PM by Howard Bashman "Doctor: Joyce never said he was hurt during flight exam." The Erie (Pa.) Times-News provides an update that begins, "An Erie physician who examined then-state Superior Court Judge Michael T. Joyce when Joyce applied for a pilot's license testified today that Joyce never told him he was injured or had neurological problems." Posted at 10:44 PM by Howard Bashman "Cardinal Assails Fordham for Award to Justice Breyer": This article will appear Wednesday in The New York Times. Posted at 10:40 PM by Howard Bashman "Federal court OKs prayer at Cobb commission meetings": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The federal appeals court in Atlanta on Tuesday upheld Cobb County's practice of allowing predominantly Christian prayers to open commission meetings. By a 2-1 ruling, the 11th U.S. Circuit Court of Appeals said it disagreed with a lawsuit's contention that the Constitution permits only nonsectarian prayers." Circuit Judge William H. Pryor, Jr. wrote the majority opinion for a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. Today's rulings of note from Seventh Circuit Judge Richard A. Posner: In an "in chambers" order, Judge Posner rejects plaintiffs' motion to strike the entire fact section from the defendants' appellate brief. The plaintiffs' motion challenged the fact section of defendants' brief as overly argumentative. The motion arose in a case challenging the constitutionality of Wisconsin's practice of allowing only graduates of the two law schools located in Wisconsin the privilege of being admitted to the Wisconsin bar without taking an examination. Judge Posner's order concludes by noting that "even the plaintiffs, in the (very brief) statement of facts section in their brief, quote from a judicial decision and from an online interview with a judge." Perhaps the online interview is this one (see question 9 and the accompanying answer)? And in an opinion issued today on behalf of a unanimous three-judge panel, Judge Posner reverses the class certification of an action alleging that Sears Kenmore clothes dryers were deceptively advertised as containing "stainless steel" drums in which the clothing is dried when in fact the drums are only partially made of stainless steel. The opinion contains a useful discussion of the pros and cons of class actions and also reveals that none of the wives of the judges on the panel was concerned about rust stains on clothing in their dryers. "Appeals Courts Pushed to Right by Bush Choices": Charlie Savage will have this article Wednesday in The New York Times. Posted at 06:04 PM by Howard Bashman Programming note: I'll be attending an appellate oral argument mid-morning today in a case that raises an issue that's presented in several appeals that I'm working on. Additional posts will appear here this afternoon. Posted at 08:54 AM by Howard Bashman "Ted Olson v. Joe Larisa: Will the Supreme Court Decide?" Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 12:45 AM by Howard Bashman "In a first, World Series game suspended; Fall Classic to resume when 'weather conditions are appropriate'": MLB.com provides this report. Our seats for game five were located first level under an overhang, so we avoided getting too wet from the rain. You can access the box score of the suspended game at this link. Posted at 12:30 AM by Howard Bashman Monday, October 27, 2008 Programming note: My son and I will be attending tonight's game five of the 2008 World Series between the Philadelphia Phillies and the Tampa Bay Rays at Citizens Bank Park in Philadelphia. I was just about to turn sixteen years old in 1980 when I attended game six of the World Series between the Phillies and the Kansas City Royals at Veterans Stadium in Philadelphia. Here's hoping that by the end of tonight's game, I'll be among the fortunate few who attended both games in which the Phillies clinched a World Series victory. Additional posts will either appear here overnight or on Tuesday afternoon. "Judge defines enemy combatant status for detainees": Lara Jakes Jordan of The Associated Press has a report that begins, "Al-Qaida or Taliban supporters who directly assisted in hostile acts against the United States or its allies can be held without charges as enemy combatants, a federal judge ruled Monday." And at "SCOTUSblog," Lyle Denniston has a post titled "Defining a wartime 'enemy.'" "Ex-Pa. justice apologizes for anti-Obama e-mail": The Associated Press provides a report that begins, "A former Pennsylvania Supreme Court justice is apologizing after her signature was on an e-mail message to Jewish voters that likened a vote for Democratic presidential nominee Barack Obama to ignoring warning signs that led to the Holocaust." The AP also reports that "Republicans fire consultant over e-mail to Pa. Jews." And JTA reports that "Pa. GOP letter invokes Holocaust." Update: JTA has posted the text of the email at this link. "Award to Justice Breyer spurs Catholic protest": The Associated Press provides a report that begins, "The leader of the Catholic church in New York is among those criticizing Fordham University for giving an award to Supreme Court Justice Stephen Breyer, a supporter of abortion rights." Back on August 19, 2008, Fordham Law announced that "Justice Stephen Breyer to be 33rd Fordham-Stein Ethics Prize Recipient." LifeSiteNews.com reports that "Fordham Students Petition University President to Revoke Award Offer to Justice Breyer" and notes that an electronic petition can be accessed at this link. And National Catholic Register reported in its October 19, 2008 issue that "Fordham to Honor Pro-Abortion Justice." I'm certain that the law school will do its best to ensure that Justice Breyer feels more welcome than a Tampa Bay Rays fan in Philadelphia. Josh Gerstein, who covered law-related news for the now-defunct New York Sun, has a blog: You can access it at this link. And Michael Doyle, of the as-of-yet non-defunct McClatchy Newspapers bureau in Washington, DC, also has a blog, and you can access it at this link. "Court: Sex offender law unfair to homeless; Registration requirements ruled to be 'unconstitutionally vague.'" Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court on Monday declared unconstitutional a provision of the sex-offender registry law, because it fails to inform the homeless who have no address how they can comply with the statute. In a 6-1 decision, the court found that the law's registration requirements are 'unconstitutionally vague.'" And The Associated Press provides a report headlined "Court: Ga. sex offender law is unfair to homeless." You can access today's ruling of the Supreme Court of Georgia at this link.  
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