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Wednesday, March 4, 2009 "Court worried about big penalty for phone buyer": Jesse J. Holland of The Associated Press has this report on a case argued today before the U.S. Supreme Court. You can access the transcript of today's oral argument in Abuelhawa v. United States, No. 08-192, at this link. Interviewing Yoo about torture memos: Yesterday's issue of The Orange County Register contained an article headlined "Ex-Bush lawyer talks about torture memos; Visiting Chapman professor wrote opinions on interrogation methods." Posted at 02:34 PM by Howard Bashman "Gertner having second thoughts on Tenenbaum webcast order; invites motion for reconsideration": Ben Sheffner has this post today at his "Copyrights & Campaigns" blog. Posted at 02:30 PM by Howard Bashman "Court: Federal Rules Don't Protect Drugmakers From Consumer Lawsuits." Robert Barnes of The Washington Post has this news update. Joan Biskupic of USA Today has a news update headlined "Supreme Court rejects limits on drug lawsuits." At "SCOTUSblog," Lyle Denniston has a post titled "A warning to the FDA." And the "Drug and Device Law" blog has a post titled "Wyeth v. Levine - First Real Thoughts." "Death by firing squad may not be an option in Idaho if bill passes; Idaho's attorney general hopes to avoid potential appeals that could delay executions under the death penalty law": This article appears today in The Idaho Statesman. Posted at 11:54 AM by Howard Bashman "Supreme Court rules patients can sue drug makers; The justices, acting in a Vermont case, reject the Bush administration's contention that drug companies should be shielded from lawsuits if their products were approved by the FDA": David G. Savage of The Los Angeles Times has this news update. Posted at 11:52 AM by Howard Bashman "Justice O'Connor on The Daily Show": Howard Wasserman has this post (with links to video clips) today at "PrawfsBlawg." And ABCNews.com reports that "Former Justice Pushing for More Civics, Less 'American Idol'; Sandra Day O'Connor Says Civics Lessons Have All but Vanished." "Court allows drug label lawsuit": Lyle Denniston has this post at "SCOTUSblog." Lyle's post begins, "The Supreme Court, voting 6-3, ruled that federal approval of labels giving warnings about effects of drugs does not bar lawsuits under state law claiming inadequate warnings." You can access today's ruling of the U.S. Supreme Court in Wyeth v. Levine, No. 06-1249, at this link. Justice John Paul Stevens delivered the opinion of the Court, in which Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. Justice Breyer also filed a concurring opinion. Justice Clarence Thomas filed an opinion concurring in the judgment. Justice Samuel A. Alito, Jr. filed a dissenting opinion, in which the Chief Justice and Justice Antonin Scalia joined. You can access the oral argument transcript at this link. In early news coverage, Mark Sherman of The Associated Press reports that "Supreme Court rejects limits on drug lawsuits." Greg Stohr of Bloomberg News reports that "Wyeth, Drugmakers Lose as Top U.S. Court Allows Suits." And Reuters reports that "US top court rules against Wyeth in liability case." Divided three-judge Sixth Circuit panel reinstates lawsuit filed by women who complained of ill effects after having been gassed by pesticides at luxury resort hotel in Maui: You can access yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit in Gass v. Marriott Hotel Servs. at this link. And in news coverage of the ruling, The Associated Press reports that "Case of pesticides in Maui hotel will go to trial." "Justices Hear Arguments on Money-Court Nexus": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Justices Consider When a Judge Should Bow Out; Case Involves Campaign Contributor With Business Before Recipient's Court." In USA Today, Joan Biskupic reports that "High court weighs when judges should step aside; Expresses support for standard tied to appearance of bias." In The Wall Street Journal, Jess Bravin reports that "High Court Split Over Case on Judicial Ethics." The Pittsburgh Post-Gazette reports that "Supreme Court hears W.Va. recusal case; Should standard be established for judicial campaign contributions?" The Charleston (W. Va.) Gazette reports that "Justices clash over Benjamin case; Supreme Court debates fairness, campaign money." The Charleston (W. Va.) Daily Mail reports that "Manchin wants to examine court system." law.com's Tony Mauro reports that "Supreme Court Justices Appear Ready to Set Recusal Rules." And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Cash Bar: The Supreme Court ponders when your right to a fair trial collides with their right to be divine." "Custody case of same-sex couple back in state court; Woman filed suit to be sole parent in Frederick in 2004": This article appears today in The Northern Virginia Daily. And The Associated Press reports that "Ex-lesbian appeals custody case again." "California Supreme Court may reveal stance on Prop. 8 on Thursday; The hearing will be televised; demonstrations are planned statewide; The justices will rule on whether to uphold the gay-marriage ban and the marriages of an estimated 18,000 same-sex couples": Maura Dolan has this article today in The Los Angeles Times. And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Prop. 8 hearing: majority vote, minority rights." Tuesday, March 3, 2009 "Louisiana criminal defense lawyer: ethical violation for blogger/attorney to contact witnesses." Today at his "Copyrights & Campaigns" blog, Ben Sheffner has a post that begins, "Here's one near and dear to my heart: a criminal defense attorney in Louisiana has threatened to file state bar ethics charges against a California attorney and blogger who, in the course of reporting for his blog, contacted a witness in the Louisiana attorney's case." Posted at 09:00 PM by Howard Bashman "Al-Marri: Case should go ahead." Lyle Denniston has this post at "SCOTUSblog." At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "ACLU Opposes Dismissal of al-Marri Case." And The Associated Press reports that "Lawyers ask Supreme Court to rule in terror case." "High Court Split Over Case on Judicial Ethics": Jess Bravin of The Wall Street Journal has this news update. The Pittsburgh Post-Gazette has a news update headlined "Supreme Court mulls W.Va. justice bias case." Greg Stohr of Bloomberg News reports that "Massey Case Prompts High Court to Weigh Restrictions on Judges." This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court Weighs Judicial Ethics" (RealPlayer required) featuring Nina Totenberg. And The West Virginia Record has a report headlined "Tough day for both sides of judicial recusal case." "Supreme Court limits challenges to logging in federal forests": Michael Doyle of McClatchy Newspapers has this report. Posted at 07:50 PM by Howard Bashman "Justice Dept. May Release More Terrorism Memos": Neil A. Lewis and Charlie Savage will have this article Wednesday in The New York Times. Posted at 07:45 PM by Howard Bashman "Here We Go Again: Obama shouldn't get away with the same tricks in al-Marri that Bush got away with in Padilla." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 05:23 PM by Howard Bashman "Md. high court sets legal standard for outing online foes": David L. Hudson Jr. has this analysis online at the First Amendment Center. My earlier coverage of the ruling appears at this link. "Supreme Court rules for Eritrean asylum seeker": James Vicini of Reuters has this report. Posted at 03:17 PM by Howard Bashman Access the transcript of today's U.S. Supreme Court oral argument in Caperton v. A.T. Massey Coal Co., No. 08-22: The Court has posted the transcript onine at this link. Posted at 03:14 PM by Howard Bashman "Supreme Court Hears Judicial Bias Case; West Virginia Case Called One of the Most 'Extreme' Bias Cases to Come Before the Supreme Court": ABCNews.com provides this report. And at "SCOTUSblog," Lyle Denniston has a post titled "In search of a limiting principle." Books recently received in the mail: Three books to note today -- 1. "Mystery Writers of America Presents The Prosecution Rests: New Stories about Courtrooms, Criminals, and the Law," edited by Linda Fairstein (available April 14, 2009); 2. "Above the Law," by Tim Green (the book, not the blog); and 3. "Patient Zero," by Jonathan Mayberry. "Court curbs right to sue over public land policy": Lyle Denniston has this post at "SCOTUSblog." Posted at 02:14 PM by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the Eleventh Circuit: On behalf of a unanimous three-judge panel, Circuit Judge Ed Carnes has issued another opinion with a must-read opening paragraph: When Robert Shaw was thirteen years old he hurled a rock through a car windshield, sending shards of glass into his victim's face. Fifteen years later Shaw was speeding through Miami, with a cocked and loaded pistol and ski masks, on his way to burglarize a "drug hole." His rap sheet during the intervening years is long enough to require extra postage. It shows 27 arrests involving 62 counts, and sentences totaling at least 105 months in spite of receiving one break after another from the system. Indeed, from Shaw's criminal record it seems as though he is determined to serve a life sentence, albeit on the installment plan. The question this appeal presents is whether the current installment is a reasonable one.Last month, the Fulton County Daily Report published this article about Judge Carnes. And a second opinion issued today -- this one written by the Eleventh Circuit's Chief Judge -- provides further evidence that judges don't always appreciate lawyers who sue other lawyers, even when the lawsuit has merit. "This case requires us to answer a question of first impression in this Circuit: Do bounty hunters constitute state actors for purposes of the Fourth Amendment when they conduct a search in the course of seeking out a bail-jumper?" So begins an opinion that the U.S. Court of Appeals for the Tenth Circuit issued today. Posted at 01:47 PM by Howard Bashman Three-judge Ninth Circuit panel examines the liability of the Vatican for the alleged sexual abuse of a boy by a priest in Oregon: You can access today's lengthy ruling at this link. The per curiam majority opinion begins, "We consider whether, on the allegations made in the Plaintiff's complaint in this case, the Holy See is entitled to immunity from suit under the Foreign Sovereign Immunities Act." Law professor Marci A. Hamilton represented the plaintiff on appeal. You can access the oral argument audio via this link (Windows Media Player required). "Supreme Court justices considering new judge standards": Joan Biskupic of USA Today has a news update that begins, "Supreme Court justices expressed concern Tuesday about people's confidence in the impartiality of elected state judges and suggested they might set a new standard for when judges should take themselves out of cases that involve big financial supporters." And Robert Barnes of The Washington Post has a news update headlined "Supreme Court Divided Over Judicial Bias Case." "High court to decide when judges should step aside": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court appears to be willing to say that elected judges must step aside from cases in which there would be at least an appearance of bias if they took part." Posted at 12:17 PM by Howard Bashman "Republicans warn Obama on judges": Politico.com has this report. The Hill reports that "Obama urged to think bipartisan on judges." And Roll Call reports that "GOP Senators Want Obama to Renominate Bush Judges." You can access at this link the letter that Republican U.S. Senators sent yesterday to President Obama. Access online today's U.S. Supreme Court rulings in argued cases: The Court today issued two rulings in argued cases. 1. Justice Antonin Scalia delivered the opinion of the Court in Summers v. Earth Island Institute, No. 07-463. The Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined in the majority opinion. Justice Kenendy also issued a concurring opinion. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Ruth Bader Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link. 2. Justice Kennedy delivered the opinion of the Court in Negusie v. Holder, No. 07-499. The Chief Justice and Justices Scalia, Souter, Ginsburg, and Alito joined in the majority opinion. Justice Scalia also issued a concurring opinion, in which Justice Alito joined. Justice Stevens issued an opinion concurring in part and dissenting in part, in which Justice Breyer joined. And Justice Thomas issued a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link. In early news coverage, The Associated Press has reports headlined "Court makes it harder to challenge forest rules" and "Court: Forced persecution doesn't prevent asylum." "How the Supreme Court Was Won: Is the Historic Case Marbury v. Madison All It's Cracked Up To Be?" Cliff Sloan has this conversation-starting post this morning online at Slate's "The Book Club" about his new book, "The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court." Posted at 08:12 AM by Howard Bashman "Benjamin's votes scrutinized; State justices release figures as case goes to U.S. Supreme Court": This article appears today in The Charleston (W. Va.) Gazette. Mark Sherman of The Associated Press reports that "High court to decide when judges should step aside." Greg Stohr of Bloomberg News reports that "Massey Chairman's Gifts to Judge Puts Bias Issue Before Court." Today's broadcast of NPR's "Morning Edition" contains an audio segment entitled "High Court To Decide If Judges Should Step Aside" (RealPlayer required) featuring Nina Totenberg. West Virginia Public Broadcasting reports that "Blankenship, Benjamin and judicial ethics argued before Supreme Court." The New York Times today contains an editorial entitled "Justice Not for Sale." And USA Today contains an editorial entitled "Mining case shows sooty side of big-money judicial elections; Public confidence suffers when special interests finance court races." In response, Sean Parnell has an op-ed entitled "Don't chill political speech; Forcing taxpayers to subsidize candidates won't lead to better judges." Monday, March 2, 2009 "In Legal Memos, Clearer View of Power Bush Sought": Neil A. Lewis will have this article Tuesday in The New York Times. And Tuesday's edition of The Washington Post will report that "Bush-Era Anti-Terrorism Documents Made Public." "Pat-Down Searches at Entertainment Venues Need Justification, Calif. Supreme Court Rules": law.com provides this report. And The Contra Costa Times has a news update headlined "State Supreme Court forces question over 49ers security pat-downs back to lower court." My earlier coverage of today's California Supreme Court ruling can be accessed via this post. "Scholars, Writers Debate John Paul Stevens' Legacy": UC Davis today issued a news release that begins, "Pulitzer Prize-winning journalist Linda Greenhouse will join former judges and U.S. Supreme Court law clerks in a daylong symposium exploring the legacy of Justice John Paul Stevens at the UC Davis School of Law on Friday, March 6." Posted at 10:32 PM by Howard Bashman "Justices Debate Convict's Right to DNA Test; Questions Focus on Prisoner's Motives, Alaska's Refusal to Grant Access to Evidence": Robert Barnes will have this article Tuesday in The Washington Post. And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Court Weighs Convict's Right To Test DNA" (RealPlayer required) featuring Nina Totenberg. "Supreme Court to Revisit a Case on Breach of Copyright": Adam Liptak will have this article Tuesday in The New York Times. Posted at 10:20 PM by Howard Bashman "Summary of Chief Justice Benjamin's Dispositive Voting Record Regarding Massey Energy Cases from 01/01/2005 to 12/31/2008": The Public Information Office of the Supreme Court of Appeals of West Virginia issued this news release today. According to the summary, "Overall, Chief Justice Benjamin voted against the interests of Massey Energy or its subsidiary 81.6% of the time." The summary also describes the approximate amount of money at stake to Massey Energy in those cases. "In waning days, Bush officials backpedaled on terror memos": Marisa Taylor of McClatchy Newspapers has this report. And The Associated Press reports that "Obama releases secret Bush anti-terror memos." You can access the memos via this link. "Supreme Court closely divided on felon's right to DNA test": Michael Doyle of McClatchy Newspapers has this report. Posted at 08:17 PM by Howard Bashman "Should judges step aside when campaign cash is involved? A West Virginia case before the US Supreme Court could clarify when judges must recuse themselves." Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 08:15 PM by Howard Bashman "L.A. judge shares her unusual story; Audrey B. Collins, 63, the new chief judge of the U.S. District Court in Los Angeles, is the granddaughter of a slave": Scott Glover has this article today in The Los Angeles Times. Posted at 08:10 PM by Howard Bashman "Supreme Court Enters the YouTube Era": Adam Liptak will have this installment of his "Sidebar" column in Tuesday's issue of The New York Times. Posted at 05:07 PM by Howard Bashman "Barry Bonds trial may be postponed until late summer or early fall": Howard Mintz of The San Jose Mercury News has this update. Posted at 05:00 PM by Howard Bashman "Suit over Niners' pat-downs of fans is revived": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The California Supreme Court reinstated a lawsuit challenging pat-downs of fans entering San Francisco 49ers games today, but suggested it would give the team leeway in justifying the searches as a safety measure. The court said unanimously that lower courts should not have concluded two season ticket-holders had agreed to be searched, and thus had given up their right to sue for invasion of privacy, when they bought their tickets after learning of the policy." And Howard Mintz of The San Jose Mercury News has an update headlined "Pat down lawsuit against 49ers can proceed." My earlier coverage of today's California Supreme Court ruling appears here and here. "Surveillance Court Quietly Moving; Some Say Previous Location, in Justice Dept., Gave an Impression of Bias": Today's edition of The Washington Post contains an article that begins, "First, the workers encased the room in reinforced concrete. Then came the thick wood-and-metal doors that seal into the walls. Behind those walls they labored in secret for two years, building a courtroom, judge's chambers and clerk's offices. The only sign that they were done came recently, when biometric hand scanners and green 'Restricted Access' placards were placed at the entrances. What workers have finally completed -- or perhaps not; few really know, and none would say -- is the nation's most secure courtroom for its most secretive court. In coming days, the Foreign Intelligence Surveillance Court will move from its current base at the Justice Department and settle into a new $2 million home just off a public hallway in the District's federal courthouse." Posted at 04:17 PM by Howard Bashman "When Judges Go Bad: Nothing Good Comes From Requiring State Judges To Campaign For The Bench." CBS News legal analyst Andrew Cohen today has this installment of his "CourtWatch" column. Posted at 04:11 PM by Howard Bashman "Why Does Justice Stevens Recuse in Agent Orange Cases?" Tony Mauro has this post at "The BLT: The Blog of Legal Times." Update: Link fixed! "Court to decide on convict's right to test DNA": The Associated Press has a report that begins, "The Supreme Court expressed skepticism Monday about giving a convict the broad constitutional right to test DNA evidence, which for 232 people has meant exoneration years after they were found guilty." Update: The U.S. Supreme Court has posted online the transcript of today's oral argument in District Attorney's Office for Third Judicial Dist. v. Osborne, No. 08-6, at this link. Supreme Court of California reinstates lawsuit challenging the lawfulness of pat-down searches at San Francisco 49ers home games: You can access today's ruling at this link. Update: In early news coverage, The Associated Press reports that "49ers fan search case sent back to lower court." "Deja new: Prop. 8 challenge reaches Calif. court." The Associated Press has a report that begins, "A year after the state Supreme Court entertained arguments on extending marriage to gay couples, many of the same lawyers will be back before the same justices this week arguing why California's voter-appproved ban on same-sex marriage should stand or fall." The challenge to Proposition 8 will be argued this Thursday before the Supreme Court of California. "Abdullahi v. Pfizer and the Alien Tort Statute": This post appears today at the "Drug and Device Law" blog. My earlier coverage of the Second Circuit's ruling, which issued on January 30, 2009, can be accessed here and here. Supreme Court of California to rule today on case challenging the legality of pat-down searches at San Francisco 49ers home games: According to the court's notice of forthcoming decision, the case presents the following issues: (1) Did ticket holders of the San Francisco 49ers football team impliedly consent to the team's policy of conditioning admission to its stadium on submission to a patdown search when they purchased season tickets with knowledge of that policy? (2) If so, did that consent extinguish any reasonable expectation of privacy with respect to the searches as matter of law, such that the trial court was not required to consider the justifications in support of the policy or balance plaintiffs' privacy interests against the team's countervailing interests?The decision should be available online at 1 p.m. eastern time via this link. I considered these very same issues in the July 9, 2007 installment of my "On Appeal" column for law.com, headlined "Did a Federal Appeals Court Avoid Tackling the Real Issues Behind Football Fan's Lawsuit? 11th Circuit rules that season ticket-holder can't object to being searched upon entering stadium." "CIA destroyed 92 interrogation tapes": The Associated Press provides this report. Posted at 10:38 AM by Howard Bashman "The Right to DNA Evidence": This editorial appears today in The New York Times. Posted at 10:32 AM by Howard Bashman "Court to rule on copyrights": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court at this link. In addition to granting review in one case, the Court also requested the views of the Solicitor General in two cases. In early news coverage, The Associated Press reports that "Court hears appeal in freelancers case"; "Court turns down Agent Orange cases"; and "Court refuses to take case on coach's team prayer." "No Snow Delay at Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 09:30 AM by Howard Bashman "Court to review justice's decision": Today's edition of The Charleston (W. Va.) Daily Mail contains an article that begins, "In his four years on the bench of the West Virginia Supreme Court, Chief Justice Brent Benjamin has voted against Massey Energy and its subsidiaries 82 percent of the time, according to documents released by the court. It paints a different picture of Benjamin, who has been heavily scrutinized for having an assumed relationship with Massey chief Don Blankenship." And today in The Seattle Times, Robert Utter and Charlie Wiggins have an op-ed entitled "Judges should recuse themselves from cases involving campaign benefactors." "Plaintiffs Attempt to Revive Hormone Therapy Mass Tort": Amaris Elliott-Engel has this article today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers. The article reports on the appellate oral argument that I delivered last Tuesday before a three-judge panel of the Superior Court of Pennsylvania. Sunday, March 1, 2009 "Dueling lawyers in California Prop. 8 case are a study in opposites": The Sacramento Bee today contains a front page article that begins, "Kenneth Starr and Shannon Minter, lead attorneys in the California Supreme Court case that will decide the fate of same-sex marriage in the state, are as different as the competing sides they represent." Posted at 11:10 PM by Howard Bashman "S.F. grapples with 1st death trials in years": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "For the first time since 1948, lives are at stake in a San Francisco federal courtroom. Two alleged gang members went on trial before separate juries last week, each accused of three murders as part of a racketeering enterprise to control local drug trafficking. The Justice Department is seeking the death penalty for both defendants, in one case over the objections of the U.S. attorney's office, which had agreed on a 40-year prison sentence." Posted at 10:55 PM by Howard Bashman "Case May Define When a Judge Must Recuse Self; W.Va. Justice Ruled for a Man Who Spent Millions to Elect Him": Robert Barnes will have this front page article Monday in The Washington Post. And Monday's edition of The Dallas Morning News will contain an article headlined "Cases with Texas justices' big campaign donors raises question: Does money rule the courts?" "Facing numerous Seroquel lawsuits, drugmaker AstraZeneca releases documents": Yesterday's edition of The St. Petersburg Times contained an article that begins, "The public got a glimpse into the inner workings of a global pharmaceutical company Friday when AstraZeneca released more than 100 sealed documents in a tsunami of lawsuits claiming its powerful antipsychotic Seroquel caused diabetes, weight gain and other health problems." Posted at 08:55 PM by Howard Bashman "Legal status of poker: Is it a game of skill or chance? Arguments for poker as more a game of skill than luck are surfacing in court cases as close as Westmoreland County." This article appears today in The Pittsburgh Post-Gazette. Posted at 03:22 PM by Howard Bashman "Scotus to eye W.Va. case focusing on campaign cash": The Associated Press provides this report. Today's edition of The Pittsburgh Post-Gazette reports that "Top court to hear W.Va. judicial bias case Tuesday; Should W. Va. justice have heard case against coal firm?" And the current issue of The Economist contains an article headlined "Only in America: The trouble with electing judges." "Supreme Court will consider convicts' rights to DNA tests; Lawyers for William Osborne, convicted in an Alaska rape, hope to broaden prisoners' rights to prove their innocence with new tests on old evidence": David G. Savage has this article today in The Los Angeles Times. Posted at 12:20 AM by Howard Bashman "W.Va. mining case could shape U.S. judicial races; Supreme Court to hear arguments in Caperton, Massey dispute Tuesday": Paul J. Nyden has this article today in The Sunday Gazette-Mail of Charleston, West Virginia. And at "SCOTUSblog," Lyle Denniston has a post titled "Preview: Judges, Politics and the Constitution." Saturday, February 28, 2009 "Feds defy judge's order in Islamic group case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court rejected the Obama administration's attempt Friday to stop a judge in San Francisco from reviewing a challenge to the wiretapping program ordered by former President George W. Bush. Hours later, President Obama's Justice Department filed papers that appeared to defy the judge's order to allow lawyers for an Islamic organization to see a classified surveillance document at the heart of the case. The department said the judge had no power to enforce such an order." Today in The Los Angeles Times, Carol J. Williams reports that "Wiretapping lawsuit may have its day in court; The Obama administration had tried to halt a case challenging Bush's program of spying on terrorism suspects without first getting court approval." Marisa Taylor of McClatchy Newspapers reports that "Court rules that warrantless surveillance suit can proceed." And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Appeals Court Allows Classified Evidence in Spy Case." You can view yesterday's Ninth Circuit order by clicking here. "Indefinite delay in Bonds perjury trial": Lance Williams has this article today in The San Francisco Chronicle. Today in The Los Angeles Times, Maura Dolan reports that "Barry Bonds trial to be delayed; Federal prosecutors' appeal of judge's ruling to exclude evidence is expected to delay the start of the perjury trial by several weeks, perhaps months." Howard Mintz of The San Jose Mercury News reports that "Barry Bonds trial postponed after prosecutors decide to appeal judge's ruling." And The New York Times reports that "Prosecutors to Appeal Evidence Ruling; Bonds Trial Faces Delay." "Virginian retains disputed copy of Declaration of Independence": Frank Green has this article today in The Richmond Times-Dispatch. The Washington Post reports today that "Decision Signed, Sealed: Fairfax Man Owns Rare 1776 Copy of Declaration." And The Portland (Me.) Press Herald reports that "Maine loses fight for rare piece of history; Virginia's high court allows a collector to keep a 1776 copy of the Declaration of Independence." You can access yesterday's ruling of the Supreme Court of Virginia at this link. "Illinois' highest-security prison a study in isolation; The state's most dangerous inmates live with sparse human contact, no jobs and little chance for education at Tamms": This article appears today in The Los Angeles Times. Posted at 11:50 PM by Howard Bashman "Court rules to protect identities in online libel case; Decision Internet forum comments sets guidelines for future cases": The Baltimore Sun today contains an article that begins, "Maryland's Court of Appeals issued a decision yesterday protecting the identity of three anonymous Internet posters and, for the first time, offering guidelines for state courts to follow in libel cases before unmasking online commenters." And The Washington Post reports today that "Media Need Not Reveal Web Posters' Identities; Ruling Applies 1st Amendment to Internet." You can access yesterday's ruling of the Court of Appeals of Maryland -- that State's highest court -- at this link. "Health Workers' 'Conscience' Rule Set to Be Voided": This front page article appears today in The Washington Post. Posted at 11:35 PM by Howard Bashman "Obama facing tough decisions on Guantanamo; Defenders and detractors of the detention camps at Guantanamo Bay are bringing pressure to bear on the Obama administration to make some tough decisions": Carol Rosenberg has this article today in The Miami Herald. Posted at 11:34 PM by Howard Bashman "A Terrorism Test Case Obama May Not Want": John Schwartz has this news analysis today in The New York Times. The Washington Post reports today that "Terrorism Suspect Headed to U.S. Court; Obama Orders Military to Transfer Case." And The Peoria Journal Star contains articles headlined "Al-Marri indicted on terrorism-related charges; Justice Department seeks dismissal of complaint he filed" and "Attorney recalls time with al-Marri." "High court looks at prisoners' right to DNA test": The Associated Press provides this report. Posted at 11:21 PM by Howard Bashman "Lest Ye Be Judged: Does America need protection from its out-of-control judges?" Dahlia Lithwick will have this essay in the March 9, 2009 issue of Newsweek. Posted at 10:24 AM by Howard Bashman Friday, February 27, 2009 Available online from law.com: Marcia Coyle of The National Law Journal reports that "Much-Watched Judicial Recusal Case Reaches Supreme Court; More than a dozen amicus briefs have been filed in case that asks the U.S. Supreme Court to decide what standard due process requires." In other news, "Some Justice Department Lawyers Have Gitmo Conflicts." And an article is headlined "What's Next for Samuel Kent in Wake of Guilty Plea?" "'Enemy combatant' expected to be charged; The move in the case of Ali Saleh Kahlah Marri may be timed to avoid a showdown in the Supreme Court": Josh Meyer and David G. Savage have this article today in The Los Angeles Times. Today's edition of The Washington Post contains an article headlined "'Combatant' Case to Move From Tribunal To U.S. Court." The New York Times reports that "U.S. Will Give Qaeda Suspect a Civilian Trial." And The Peoria Journal Star provides a news update headlined "Al-Marri indicted on terrorism-related charges; Justice Department seeks dismissal of complaint he filed." "Bonds' perjury trial delayed indefinitely": Lance Williams of The San Francisco Chronicle has a news update that begins, "Federal prosecutors indefinitely postponed Barry Bonds' trial on perjury charges Friday while they appeal a judge's ruling that put alleged positive steroid tests and other key evidence off limits. The move, announced three days before the trial was to begin, could delay the case for months, legal experts said." Posted at 09:40 PM by Howard Bashman "No harm in Pa. pay raise, court rules": Today's edition of The Philadelphia Inquirer contains an article that begins, "A panel of federal judges yesterday upheld a lower court decision dismissing claims that state lawmakers and top members of the judiciary conspired to enact the controversial 2005 pay raise." My earlier coverage of yesterday's Third Circuit ruling appears at this link. "Obama's Testing Test: Why is the Justice Department on the wrong side of a Supreme Court case about DNA evidence?" William S. Sessions has this jurisprudence essay online at Slate. Posted at 07:50 PM by Howard Bashman "U.S. would leave detention power unsettled": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Obama Administration asked the Supreme Court on Friday afternoon to end the case of an individual captured and held in the U.S. as a terrorism suspect, but did not tell the Court that it is abandoning the claim that it has power to do so." Posted at 06:55 PM by Howard Bashman "Why Are Court Docs Still Behind Paid Firewall, Joe Lieberman Wants To Know": This afternoon at Wired.com's "Threat Level" blog, Ryan Singel has a post that begins, "The head of a powerful Senate committee wants the federal courts to explain why its online database still charges eight cents a page for court documents, and why many of those documents still contain social security numbers and other sensitive information." The Senator's letter to the Chair of the U.S. Courts Committee on Rules of Practice and Procedure can be accessed here. "Court rejects Obama bid to stop wiretapping suit": The Associated Press has a report that begins, " The Obama administration has lost its argument that the state secrets privilege is a good enough reason to stop a lawsuit over the government's warrantless wiretapping program. A federal appeals court in San Francisco has rejected the Justice Department's request for an emergency stay. The Obama administration, like the Bush administration before it, claimed that national security would be compromised if a lawsuit brought by the U.S. chapter of an Islamic charity was allowed to proceed." Posted at 03:47 PM by Howard Bashman "Possible delay in Bonds' perjury trial": Lance Williams of The San Francisco Chronicle has a news update that begins, "The government may delay Barry Bonds' trial on perjury charges to appeal a judge's ruling that put key evidence off limits, a prosecutor said Friday." Howard Mintz of The San Jose Mercury News has an update headlined "Barry Bonds judge: Anderson will go to jail again if he refuses to testify." The Associated Press reports that "Feds to decide on appeal of Bonds evidence ruling." And earlier, law.com published an article headlined "Will Feds Swing at Bonds, or Run to Umpires?" "Rounds fills high court spot; Severson, veteran of second circuit, looks forward to new challenge": The Argus Leader of Sioux Falls, South Dakota contains this article today. And The Associated Press reports that "Judge Severson appointed to Supreme Court." "Justice Stevens leads exploration of key Court case": Daniel O'Neil has this report online at the First Amendment Center. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Stevens on Oath-Taking and Dolley Madison." "Enemy combatant case moved into civilian courts": The Associated Press provides this report. And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. charges Al-Marri, seeks end of Court case." You can view the indictment, unsealed today, at this link. "High court upholds firing of trooper in KKK case": The Omaha World-Herald has this news update. And The Associated Press reports that "Neb. court upholds firing of trooper for Klan link." You can access today's ruling of the Supreme Court of Nebraska at this link. Bob Egelko of The San Francisco Chronicle is reporting: In today's newspaper, he has articles headlined "Obama administration backs telecom immunity" and "U.S. to yield marijuana jurisdiction to states." Posted at 12:10 PM by Howard Bashman "Judge in Bonds Case Has Reputation as Quick Study": The New York Times today contains an article that begins, "Susan Illston was an accomplished trial lawyer when the N.F.L. hired her in the 1980s to fight a referee's wrongful termination lawsuit. But she knew nothing about football." Today's newspaper also reports that "News Organizations Seek to Unseal Bonds Juror Questionnaires." "Va. Supreme Court says collector can keep Declaration of Independence copy": Frank Green of The Richmond Times-Dispatch has a news update that begins, "A wealthy Fairfax County collector can keep a rare copy of the Declaration of Independence claimed by the small Maine town where it was sent in 1776, the Supreme Court of Virginia ruled this morning." And The Associated Press has a report headlined "Court: Va. man owns 1776 copy of Declaration." You can access today's ruling of the Supreme Court of Virginia at this link. "Lawsuit Cracks Open Online Anonymity; Shortcomings in the Law Allow Cyberdefamation Campaigns, Legal Expert Says": ABCNews.com provides this report. Update: And at "The Legality" -- an online law journal published by students at the University of Oregon Knight School of Law -- you can access a related item titled "You Read What About Me on the Internet?!: Anonymous Online Libel." "Palin says bill would protect children; Abortion: Parents would have to give consent for girls under 17." This article appears today in The Anchorage Daily News. And in somewhat related coverage, The Associated Press provides a report headlined "AP Source: Obama to rescind Bush abortion rule." "Pentagon report on Guantanamo detainees: incomplete? The Pentagon should have included more laws in its assessment of conditions, some experts argue." Warren Richey has this article today in The Christian Science Monitor. Posted at 10:34 AM by Howard Bashman "Lawyer says Kent deserves pension": Today in The Houston Chronicle, Mary Flood has an article that begins, "Judge Samuel Kent is a psychologically broken man who served well on the bench for 18 years and deserves mercy and his pension, his lawyer said Thursday." And today in The Times-Picayune of New Orleans, columnist James Gill has an op-ed entitled "Most likely to be impeached?" "The Supreme Court Decides an Important Case the Wrong Way: Why It Held that the Government Lacked the Power to Become a Trustee on Behalf of the Narragansett Tribe of Indians." Edward Lazarus has this essay online at FindLaw. Posted at 07:40 AM by Howard Bashman Thursday, February 26, 2009 "Sources: Feds moving al-Marri to Illinois court." The Peoria Journal Star has a news update that begins, "Nearly six years after he was whisked away after being named an enemy combatant, it appears Ali Saleh Kahlah al-Marri will come back to the land of Lincoln." Posted at 08:30 PM by Howard Bashman "Appeals court declines to revive pay raise lawsuit": The AP has a report that begins, "A federal appeals court Thursday declined to reinstate a lawsuit over how a state government pay raise law was rammed through the Pennsylvania Legislature nearly four years ago. The 3rd U.S. Circuit Court of Appeals upheld a Harrisburg-based district court judge's decision in 2006 to throw out the lawsuit by Common Cause of Pennsylvania and others, saying the plaintiffs lacked legal standing to sue." My earlier coverage of today's Third Circuit ruling appears at this link. "Judge dissolves gag order in Kent case": Mary Flood of The Houston Chronicle has this news update. And The Associated Press reports that "Review requested of convicted judge's retirement." "Stevens: No White House oath needed for justices." Jesse J. Holland of The Associated Press has a report that begins, "Justice John Paul Stevens said Thursday Supreme Court justices shouldn't take their judicial oaths at the White House, calling it 'inappropriate symbolism' for an independent branch of government." Posted at 08:02 PM by Howard Bashman "Media urge unsealing of juror data in Bonds trial": The Associated Press provides this report. Posted at 03:30 PM by Howard Bashman "Prosecutors Prepare Charges Against Final 'Enemy Combatant' in U.S." The Washington Post has this news update. And at "SCOTUSblog," Lyle Denniston has a post titled "Court trial for Al-Marri?" "Montana church may shield donations to gay marriage ban; The Baptist church in East Helena isn't obliged to make campaign finance disclosures because its support for the Montana Marriage Protection Amendment was 'extremely minimal,' an appeals court panel ruled": Carol J. Williams has this article today in The Los Angeles Times. The Associated Press provides a report headlined "Appeals court: State violated church's rights." And law.com reports that "9th Circuit Backs Church on Disclosure of Donors to Campaign Against Gay Marriage." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Plaintiffs allege that, for the past ten years, members of the Pennsylvania Supreme Court have traded judicial decisions favorable to the Pennsylvania General Assembly in return for the legislature's funding the state judiciary." Today, however, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued a decision affirming the dismissal of the action due to plaintiffs' lack of standing. Because Pennsylvania's Governor, Edward G. Rendell, is both a defendant in the lawsuit and the spouse of a judge currently serving on the Third Circuit, the three-judge panel that issued today's ruling consisted entirely of federal appellate judges sitting by designation from other U.S. Courts of Appeals. "Media ask judge in Kent case to end gag order": Mary Flood has this article today in The Houston Chronicle. And the newspaper also reports today that "U.S. House committee looks into Kent case." "Free the Bush memos: The Obama administration should make public the rest of the memos drafted by his predecessor's Office of Legal Counsel." Jameel Jaffer has this op-ed today in The Los Angeles Times. Posted at 09:02 AM by Howard Bashman "Qwest ex-CEO Nacchio loses appeal; Ordered to begin 6-year jail sentence": This article appears today in The Denver Post, along with articles headlined "Nacchio case could spur others"; "Recovery of fees unlikely for Qwest; Nacchio's final legal tally could be $75 million, but an expert says it might be 'very tough' to get any of it back"; and "Jurors' Reaction: 'Refreshing' affirmation of judicial system." The Rocky Mountain News today contains articles headlined "Joe Nacchio's conviction reinstated; Former Qwest CEO faces prison; Supreme Court his last chance" and "Getting on high court docket no easy task; Opinions mixed on case landing before justices." In addition, Scott Robinson has an op-ed entitled "Nacchio's number not up yet." And Al Lewis of Dow Jones Newswires has an essay entitled "A saga not near its end." My earlier coverage of yesterday's en banc Tenth Circuit ruling appears at this link. "Court Denies a Religion Its Monument in a Park": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "City Can Reject Religious Display; Supreme Court Backs Utah Officials." In The Los Angeles Times, David G. Savage reports that "Supreme Court rejects free-speech argument for 'Seven Aphorisms' display; Monuments and statutes in public parks speak for the government and are not equivalent to a speaker standing in a public park voicing his views, justices rule unanimously in a Utah case." In USA Today, Joan Biskupic has an article headlined "Justices: City can refuse monument; Utah park doesn't have to take marker from small religious sect." In The Wall Street Journal, Jess Bravin reports that "City Is Cleared to Reject a Religious Monument." In The Christian Science Monitor, Warren Richey reports that "Supreme Court rules Utah city can reject religious sect's monument; Lawyers for the Summum religion had argued that its monument should be allowed in a public park where the Ten Commandments were already displayed." And law.com's Tony Mauro reports that "Supreme Court Unanimous in Speech, Antitrust Rulings." "Supreme Court questions use of ID theft law against illegal workers; The justices appear sympathetic to an undocumented immigrant who claimed that he didn't know his fake identification had an actual person's Social Security number": David G. Savage has this article today in The Los Angeles Times. And today in The New York Times, Adam Liptak and Julia Preston have an article headlined "Supreme Court Hears Challenge to Identity-Theft Law in Immigration Cases." "N.J. high court divided on police car searches": Today's edition of The Philadelphia Inquirer contains an article that begins, "A divided New Jersey Supreme Court yesterday defined parameters for when police can search a car without a warrant, but the dissenting justices said the ruling created a legal 'quagmire' that would hinder officers." And The Newark (N.J.) Star-Ledger reports today that "Warrantless car search rules stand; Decision forms task force to study telephonic, electronic procedures." You can access yesterday's 4-3 ruling of the Supreme Court of New Jersey at this link. "Ruling near on privacy issues in Seroquel case": The Philadelphia Inquirer today contains an article that begins, "Does the world have the right to know about negative studies on AstraZeneca's potent antipsychotic drug Seroquel? Or whether company representatives promoted the drug for unapproved uses? And what about details of sexual relationships between Wayne Macfadden, AstraZeneca's former U.S. medical director for Seroquel, and two women who researched and wrote papers supporting the drug's safety and efficacy? A federal judge in Orlando may answer those questions as soon as today in a case stemming from personal-injury claims by 15,000 people that Seroquel triggered weight gain, diabetes, and other health problems." Posted at 08:21 AM by Howard Bashman "For 20 at Guantanamo, Court Victories Fall Short": This article appears today in The New York Times. Posted at 08:00 AM by Howard Bashman "Justice Dept. Nominee Avoids Confrontation at Hearing": Today in The New York Times, Neil A. Lewis has an article that begins, "Newly changed political realities were on vivid display on Wednesday as the Senate Judiciary Committee met to question Dawn Johnsen, President Obama's nominee to head the Office of Legal Counsel." And The Indianapolis Star reports today that "IU staffer's ideals questioned; Law professor gets bipartisan scrutiny at hearing to lead Justice Department unit." "Chief Sachem Matthew Thomas says tribes will fight court ruling": The Providence (R.I.) Journal today contains an article that begins, "Narragansett Chief Sachem Matthew Thomas vowed yesterday that his tribe along with others nationwide will go to Congress, the White House and even the United Nations in seeking to undo a U.S. Supreme Court decision that blocks the federal government's ability to hold lands for certain tribes." Posted at 07:45 AM by Howard Bashman Wednesday, February 25, 2009 "Justices sympathetic to immigrant in ID theft case": Mark Sherman of The Associated Press has this report. On today's broadcast of NPR's "Morning Edition," Nina Totenberg previewed the oral argument in an audio segment entitled "High Court Hears Illegal Worker's ID Theft Case" (RealPlayer required). And yesterday's broadcast of NPR's "Day to Day" contained an audio segment entitled "Targeting Illegal Immigrants Through ID Theft Laws" (RealPlayer required). You can access the transcript of today's U.S. Supreme Court oral argument in Flores-Figueroa v. United States, No. 08-108, at this link. "Judge in sex crimes case could face impeachment": The Associated Press provides this report. Posted at 08:42 PM by Howard Bashman "High Court Rules Against Religious Marker": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 08:34 PM by Howard Bashman "Thou Shalt Not Blog: Obama's OLC Nominee discovers the perils of 'blogging, advocating, and speeching.'" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:25 PM by Howard Bashman "Experts: Nacchio appeal not a certainty." The Associated Press has a report that begins, "Legal analysts are divided over whether the Supreme Court would re-examine expert witness rules if former Qwest Communications chief Joe Nacchio appeals his conviction on $52 million worth of illegal stock sales." Posted at 06:27 PM by Howard Bashman "Senators Question OLC Nominee on National Security": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The nominee to lead the Office of Legal Counsel faced questions today about the same set of issues that occupied the office under the Bush administration: the legal limits of the executive branch in preventing terrorism." Posted at 05:42 PM by Howard Bashman "Should Supreme Court Justices Have Term Limits?" This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 05:25 PM by Howard Bashman "AG Holder says closing Guantanamo won't be easy": The Associated Press provides this report. Posted at 05:07 PM by Howard Bashman "Posner writes faster than publishers can publish": At the "Brainiac" blog of The Boston Globe, Christopher Shea has a post that begins, "How fast does the prolific law professor and appellate judge Richard Posner write? Faster than the Harvard University Press can edit." Posted at 04:52 PM by Howard Bashman "Ysursa puts Roberts' stamp on union-fees debate": Tony Mauro has this news analysis online at the First Amendment Center. Posted at 03:55 PM by Howard Bashman "U.S. Supreme Court hears arguments in ceded-lands dispute": The Honolulu Advertiser has this news update, along with an update headlined "Hawaiians plan protests nationwide." In addition, the print edition of today's newspaper contains articles headlined "Hawaii ceded-lands bills differ on which properties OHA would get" and "Decision probably months away." The Honolulu Star-Bulletin has a news update headlined "Hawaiian protests coincide with Supreme Court hearing." And The Associated Press reports that "Hawaii argues over land dispute at Supreme Court." You can access the transcript of today's U.S. Supreme Court oral argument in Hawaii v. Office of Hawaiian Affairs, No. 07-1372, at this link. "Bar Association Recommends Akin Gump's Millett for 4th Circuit": This post appears today at "The BLT: The Blog of Legal Times." Posted at 03:32 PM by Howard Bashman "U.S. Supreme Court sides with Pleasant Grove": The Deseret News has an update that begins, "The U.S. Supreme Court has ruled unanimously that Pleasant Grove cannot be forced to place a Salt Lake City-based religious sect's "Seven Aphorisms of Summum" in its park, even though the city already displays other religious monuments like the Ten Commandments. But an attorney for Summum told the Deseret News the fight was not over." David G. Savage of The Los Angeles Times has a news update headlined "Religious group's monument does not fall under free speech; Utah city is not required to allow 'Seven Aphorisms' in park beside Ten Commandments, court rules." Robert Barnes of The Washington Post has a news update headlined "Court: Religious Group Does Not Have Right to Erect Monument in Utah Park." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Alito 'Imagines' John Lennon." "Full court upholds Nacchio insider trading conviction": The Denver Post has a news update that begins, "A federal appeals court in Denver today upheld Joe Nacchio's criminal insider trading conviction, overturning an initial three-judge panel's decision to grant the former Qwest chief executive a new trial." An additional news update is headlined "Qwest unlikely to recapture Nacchio legal fees." The Rocky Mountain News has an update headlined "Court reinstates Nacchio's insider trading conviction." The Associated Press reports that "Court reinstates conviction of former Qwest CEO." And Bloomberg News reports that "Nacchio's Conviction, Prison Term Reinstated by Court." You can access at this link today's 5-4 ruling of the en banc U.S. Court of Appeals for the Tenth Circuit. "Court rules for Utah city in religious marker case": The Associated Press provides a report that begins, "The Supreme Court has ruled unanimously that a small religious group cannot force a city in Utah to place a granite marker in a local park that already is home to a Ten Commandments display." Justice Samuel A. Alito, Jr. delivered the opinion of the U.S. Supreme Court today in Pleasant Grove City v. Summum, No. 07-665. Everyone other than Justice David H. Souter joined in Justice Alito's opinion. Justice Souter issued an opinion concurring in the judgment. Justice John Paul Stevens issued a concurring opinion, in which Justice Ruth Bader Ginsburg joined. Justice Antonin Scalia issued a concurring opinion, in which Justice Clarence Thomas joined. And Justice Stephen G. Breyer issued a concurring opinion in which no one else joined. The oral argument transcript in the case can be accessed here. At "SCOTUSblog," Lyle Denniston has a post titled "Court allows religious monument." The Court today also issued its ruling in a second argued case, Pacific Bell Telephone Co. v. linkLine Communications, Inc., No. 07-512. Chief Justice John G. Roberts, Jr. issued the majority opinion, in which Justices Scalia, Kennedy, Thomas, and Alito joined. Justice Breyer issued an opinion concurring in the judgment, in which Justices Stevens, Souter, and Ginsburg joined. The oral argument transcript in the case can be accessed here. "E.P.A. Is Told to Reconsider Its Standards on Pollutants": This article appears today in The New York Times. My earlier coverage of yesterday's D.C. Circuit ruling appears at this link. "Classified Documents Allowed in Espionage Trial": Jerry Markon has this article today in The Washington Post. Today in The New York Times, Neil A. Lewis reports that "Ex-Lobbyists in U.S. Case of Espionage Win a Round." And The Washington Times reports that "Lobbyists win classified leaks ruling; Government bar set higher." My earlier coverage of yesterday's Fourth Circuit ruling appears at this link. "Horse-slaughtering plants endorsed by House": Today's edition of The Helena Independent Record contains an article that begins, "The Montana House Tuesday easily endorsed a bill to allow and encourage horse-slaughtering plants in the state, as supporters said it will address a national crisis of horse abandonment and bring jobs to Montana." Posted at 08:22 AM by Howard Bashman "And Unequal Justice for Some": The New York Times today contains an editorial that begins, "The Supreme Court hears arguments Wednesday in the case of an illegal immigrant who provided an employer with phony identification numbers." Posted at 08:20 AM by Howard Bashman "Lawsuit Over Leaking Law School Library Dismissed": The Hartford Courant today contains an article that begins, "A Superior Court judge in Waterbury has thrown out the state's lawsuit against the contractors and designers who built the leaking University of Connecticut law school library, saying the legal action was filed beyond the time limit set by the state's statute of limitations." Posted at 08:10 AM by Howard Bashman "In U.S. Supreme Court ruling, Narragansett Indian Tribe loses fight for sovereignty over 31-acre parcel in Charlestown": This article appears today in The Providence (R.I.) Journal, along with an article headlined "U.S. Supreme Court ruling deals blow to Massachusetts tribes' casino plans." And The Boston Globe reports today that "Ruling puts tribe hope for casino in doubt; US justices bar land trust tactic." In commentary available online from FindLaw: Anthony J. Sebok has an essay entitled "The Recent, Eight-Million-Dollar Verdict Against Philip Morris and in Favor of A Smoker's Family: Why It Will Likely Be Reversed as Unconstitutional." And Michael C. Dorf has an essay entitled "Can Anyone Protect Clients From Bad Lawyering? Some Lessons of a Recent Appeals Court Case." "Congressman wants Kent impeached; He also wants to deny retirement for judge who pleaded guilty in sex-crimes case": Today in The Houston Chronicle, Mary Flood has an article that begins, "A ranking congressional judiciary committee Republican said Tuesday he will call for the impeachment of U.S. District Judge Samuel Kent, who pleaded guilty to obstruction of justice this week. U.S. Rep. James Sensenbrenner, R-Wis., said Tuesday that once Kent has been sentenced he will introduce a resolution to impeach the 59-year-old jurist who is seeking to retire with full pay." In addition, columnist Rick Casey has an op-ed entitled "The Judge Sam soap opera continues." Pamela A. MacLean of The National Law Journal reports that "Kent's abrupt retirement shrouded in mystery." And at the web site of the Houston Press, Richard Connelly has a blog post titled "What We Missed Because Of Judge Kent's Plea Deal." Tuesday, February 24, 2009 "Justices Hear Cases on Paying for Superfund Cleanups": Adam Liptak will have this article Wednesday in The New York Times. And online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "Superfun!!! Toxic sludge oozes at the Supreme Court." You can access the transcript of today's U.S. Supreme Court oral argument in Burlington N. & S.F.R. Co. v. United States at this link. "Citing Cost, States Consider Halting Death Penalty": This article will appear Wednesday in The New York Times. Posted at 10:54 PM by Howard Bashman "Judge questions law giving telecoms immunity": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge in San Francisco is raising questions about the constitutionality of a law designed to dismiss suits against telecommunications companies accused of cooperating with government wiretapping. Chief U.S. District Judge Vaughn Walker has asked President Obama's Justice Department to present its views by Wednesday on whether the law gives the attorney general too much power to decide whether a company is immune from lawsuits." Posted at 10:50 PM by Howard Bashman "Appeals court: Classified info OK to use at trial." The AP has this report about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today. And at his blog, Josh Gerstein has a post titled "Big Defense Win in Aipac Case, But Beware the Footnote." "Turmoil on legal team for Canadian at Gitmo": The Associated Press has this report. Posted at 08:27 PM by Howard Bashman "Court orders EPA to reconsider soot threshold": The Associated Press has this report about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 08:20 PM by Howard Bashman "Specter Tries to Explore Kagan's Constitutional Views": David Ingram has this post at "The BLT: The Blog of Legal Times" about these answers that the nominee recently provided to the Senator's written questions. Posted at 06:22 PM by Howard Bashman Today's U.S. Supreme Court rulings in argued cases: The Supreme Court of the United States today issued three rulings in argued cases. 1. Chief Justice John G. Roberts, Jr. issued the opinion of the Court in Ysursa v. Pocatello Ed. Assn., No. 07-869. You can access the decision at this link and the oral argument transcript at this link. In news coverage, Jesse J. Holland of The Associated Press has a report headlined "Court: State can stop union political deductions." 2. Justice Clarence Thomas issued the opinion of the Court in Carcieri v. Salazar, No. 07-526. You can access the decision at this link and the oral argument transcript at this link. In news coverage, The Associated Press reports that "Court rules for state in American Indian land case." And The Providence (R.I.) Journal has a news update headlined "Court rules for RI in Narragansett tribal case." I guess that Theodore B. Olson wasn't such a bad choice to argue for Rhode Island after all. 3. And Justice Ruth Bader Ginsburg issued the opinion of the Court in United States v. Hayes, No. 07-608. You can access the decision at this link and the oral argument transcript at this link. Mark Sherman of the Associated Press reports that "Court upholds conviction in guns case." David G. Savage of The Los Angeles Times has a news update headlined "High court keeps guns away from domestic abusers; Justices uphold broader interpretation of law aimed at people convicted of felony and misdemeanor violence." At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Second Amendment Absent in Supreme Court Gun Ruling." Finally, at "SCOTUSblog," Lyle Denniston has a post titled "Some limits on political donations upheld" reporting on all three rulings. "High court to weigh dispute over Mojave cross": Tony Mauro has this news analysis online at the First Amendment Center. And at "SCOTUSblog," Lyle Denniston has a post titled "Intriguing issues about religion." In yesterday's mail: "In the Name of Justice," edited by Timothy Lynch and published by the Cato Institute. The contributors include several notable appellate judges. And The Green Bag's "2009 Almanac and Reader," featuring, among other things, the writings of several notable appellate judges. "Judge Kent accepts plea deal, retires; Trial 'would have been long, embarrassing and difficult for all involved,' defense attorney says": The Houston Chronicle contains this article today. The newspaper also contains an editorial entitled "Kent's guilty plea: Galveston federal judge betrayed a sacred trust with his despicable conduct." And columnist Lisa Falkenberg has an op-ed entitled "Is Kent getting off easy?" The New York Times reports today that "Plea Deal Ends Sexual Abuse Case Against Federal Judge in Texas." And The Galveston County Daily News reports today that "Women's group, law experts weigh in on Kent plea." "Solicitor General asked to weigh in on 9/11 suit; The request from the U.S. Supreme Court may indicate a close hearing": This article appears today in The Philadelphia Inquirer. Posted at 04:15 PM by Howard Bashman Programming note: This morning, I'll be arguing on appeal for the plaintiff/appellant in a case in which The Legal Intelligencer of Philadelphia previously reported that "JNOV Wipes Out Verdict of $1.5 Million in Hormone Replacement Case." The appeal is being heard by a three-judge panel of the Superior Court of Pennsylvania, sitting in Philadelphia. My client's Brief for Appellant and Reply Brief for Appellant/Response Brief for Cross-Appellee are both available online. Additional posts will appear here later today. Update: The oral argument seemed to go quite well. Federal district judges sitting by designation with the U.S. Court of Appeals for the Seventh Circuit: In response to this post of mine from last night, Seventh Circuit Chief Judge Frank H. Easterbrook emails: District judges have indeed begun to sit with the Seventh Circuit, after a gap of more than 15 years.I thank Chief Judge Easterbrook for offering this explanation. Posted at 06:30 AM by Howard Bashman Monday, February 23, 2009 "On Return, Ginsburg Is Quick to Question": Adam Liptak will have this article Tuesday in The New York Times. Posted at 10:40 PM by Howard Bashman "Liberals Use Supreme Court Gun Case to Bolster Other Rights": law.com's Tony Mauro has this report. Posted at 10:38 PM by Howard Bashman Isn't that "special"? What differentiates a "special concurrence" from an ordinary, run-of-the-mill concurrence? A ruling that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today raises that question, as two of the three judges on the panel "specially concurred" in the lead opinion of the third judge. The author of the first special concurrence states that he joins in the lead opinion in full, making the concurrence perhaps somewhat less special than if it had sought to accomplish something utterly bizarre. And the second of the two special concurrences offers no reasoning whatsoever, suggesting that it is little more than an ordinary (and therefore not particularly special) concurrence in the judgment. In news coverage of the substance of the ruling, The Associated Press reports that "Amnesty International wins round in speech lawsuit." Seventh Circuit again begins allowing U.S. District Judges to sit by designation on that federal appellate court's three-judge panels: See, for example, this ruling issued today. If any reliable explanation for this change should reach me, I'll more than gladly pass it along to the readers of this blog. "U.S. District Court Judge Pleads Guilty to Obstruction of Justice": The U.S. Department of Justice issued this news release today. Posted at 09:00 PM by Howard Bashman David G. Savage of The Los Angeles Times is reporting: In Tuesday's newspaper, he will have articles headlined "Supreme Court to hear Mojave cross case Justices will decide whether the monument can stand in a national park to honor fallen soldiers; It will be the Roberts court's first chance to rule on separation of church and state" and "Supreme Court won't hear appeal in patronage fraud case; Aides to Chicago Mayor Richard Daley were convicted of 'honest services fraud' in awarding city jobs based on political connections; Justice Antonin Scalia dissents, calling the law too vague." "Marriage ruling gave gay people legal protection": Greg Moran has this article today in The San Diego Union-Tribune. Posted at 08:54 PM by Howard Bashman "'Secret' deadly for Montana town saturated in asbestos, prosecutors say; Trial begins in the case of W.R. Grace company, accused of knowingly exposing Libby, Mont., residents to asbestos; About 1,200 have sickened or died; The defense says there was no conspiracy": The Los Angeles Times has this news update. Posted at 08:47 PM by Howard Bashman "Justice Ginsburg Returns to Work; Less Than 3 Weeks After Cancer Surgery, She Is an Active Participant on the Bench": Robert Barnes will have this article Tuesday in The Washington Post. And The Louisville Courier-Journal has a news update headlined "Bunning apologizes for Ginsburg comments." Programming note: I have a work-related meeting out of the office this afternoon. As a result, additional posts will appear here this evening. Posted at 12:00 PM by Howard Bashman "Judge Kent accepts plea deal and retires from bench; Trial 'would have been long, embarrassing and difficult for all involved,' defense attorney says": Mary Flood of The Houston Chronicle has this news update. And The Associated Press reports that "Federal judge pleads guilty before start of trial." "Court grants religious symbol case, five others": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the Supreme Court of the United States at this link. In addition to granting review in six cases, the Court also called for the views of the Solicitor General in two cases. And Justice Antonin Scalia issued this dissent from the denial of certiorari in a case seeking to challenge the constitutionality of, and clarify the meaning of, "honest services" fraud under the federal mail and wire fraud statutes. In early news coverage from The Associated Press, "Ginsburg in court after surgery"; "Court will rule in dispute over 8-foot cross"; "Court to rule on death sentence for neo-Nazi"; "Court rejects appeal from convicted Daley aides"; "Court rules against al-Qaida member, a US citizen"; "Court turns down utilities over mercury emissions"; "Court won't revisit Holocaust insurance settlement"; "Court turns down FTC in Rambus case"; and "Court won't revive Kentucky teen's lawsuit." "W.R. Grace asbestos trial to open today; Md. firm, former managers charged in Mont. pollution and cover-up": This article appears today in The Baltimore Sun. As I noted in this post from last week, The Missoulian is providing extensive local coverage of the trial. "Supreme Court to tackle judicial conflict of interest; At issue in a West Virginia case is whether big spending on a judge's election can create an unconstitutional 'appearance of bias'": David G. Savage has this article today in The Los Angeles Times. Posted at 08:10 AM by Howard Bashman "Justice Roberts's Portfolio: Why stock investments and Supreme Court service don't mix." The Washington Post contains this editorial today. Posted at 08:07 AM by Howard Bashman "A 'Ticking Time Bomb' Goes Off: When Abdallah Al-Ajmi Returned to Kuwait After Nearly Four Years at Guantanamo, His Family Tried to Get Him to Move On; But He Didn't Want to Let Go." This front page article appears today in The Washington Post. The Kansas City Star reports today that "Future of Gitmo detainees raises many questions." And The Los Angeles Times contains an editorial entitled "Free the Uighurs: It's time to untie the legal knot keeping 17 Chinese Muslim dissidents at Guantanamo." "Justice for American Indians": The New York Times today contains an editorial that begins, "The federal government has a long history of cheating American Indians, and not all of this dirty dealing is in the distant past. On Monday, the Supreme Court hears arguments in a suit by the Navajo, who lost millions of dollars' worth of coal royalties because the government helped a coal company underpay for their coal. A lower court ruled for the Navajo Nation. The Supreme Court should affirm that well-reasoned decision." Posted at 07:52 AM by Howard Bashman In the March 2, 2009 issue of The New Yorker: Jeffrey Toobin has a "Comment" headlined "Voter, Beware: The Supreme Court takes on a civil-rights landmark." And Lauren Collins has a "Talk of the Town" essay headlined "Gitmo Get-Together: Defense lawyers celebrate the order to close the Guantanamo Bay prison." "Jury selection in Kent trial starts today; Federal judge's sex crimes case being watched nationwide": Mary Flood has this front page article today in The Houston Chronicle. And today in The Wall Street Journal, Nathan Koppel reports that "Criminal Trial of U.S. Judge Set to Open." "Obama And Terror Law: More Of The Same? Early Decisions By Obama Justice Dept. Seem To Follow Precedent Of Bush's Terror Policy." CBS News legal analyst Andrew Cohen has this new installment of his "CourtWatch" column. Posted at 07:30 AM by Howard Bashman "High Court returns after break; Ginsburg expected": The Associated Press has this report. Posted at 07:28 AM by Howard Bashman Sunday, February 22, 2009 "Legal Experts Propose Limiting Justices' Powers, Terms": Robert Barnes will have this article Monday in The Washington Post. Posted at 10:58 PM by Howard Bashman "Bunning: Justice Ginsberg likely will be dead in 9 months." The Courier-Journal of Louisville, Kentucky has this news update. Posted at 10:54 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Big asbestos case in Libby, Mont., goes to trial" and "Hawaii is latest civil unions battleground." Posted at 10:50 PM by Howard Bashman In the current issue of The Harvard Law Record: The publication contains articles headlined "Kagan sails through confirmation hearing; Senators praise Dean's public service, credentials; probe Obama administration policies on detainees, terror"; "HLS veterans defend Kagan from 'anti-military' charges; Praise Obama administration choices, but describe difficult road ahead on military justice questions"; and "Starr Struck: Clinton's old investigator speaks on SCOTUS, Prop 8." Posted at 10:10 PM by Howard Bashman "WSJ cuts lead Law Blog reporter": Mark Obbie had this post yesterday at his "LawBeat" blog. Posted at 10:04 PM by Howard Bashman "Jury selection in Kent trial starts Monday; Federal judge's sex crimes case being watched nationwide": Mary Flood of The Houston Chronicle has a news update that begins, "History will be made if a jury is selected as scheduled on Monday in the felony trial of U.S. District Judge Sam Kent, the first federal judge to be accused of federal sex crimes. The case is fascinating to area lawyers and those who practice the maritime law Kent has overseen for 17 years in Galveston. It will be watched by federal judges and legal scholars around the nation. If Kent is convicted, it could mean the U.S. Congress will have to take an interest, too." Posted at 09:12 PM by Howard Bashman "From Captive To Suicide Bomber: Accused of Being Little More Than a Low-Level Taliban Fighter, Abdallah al-Ajmi Was Held by the U.S. for Nearly Four Years; After His Release, He Blew Up an Iraqi Army Outpost; Did Guantanamo Propel Him to Do It?" This front page article appears today in The Washington Post. And Monday in The Christian Science Monitor, Warren Richey will have an article headlined "The case of the Guantanamo detainee who wanted to see the sun: Yasin Ismail's case highlights the difficulty of verifying conditions of confinement." The newspaper will also contain an article headlined "Canadian churches take up cause of five Guantanamo detainees; The churches have applied to help the men -- who cannot be safely returned home -- resettle as refugees in Canada." "High Court to Hear DNA Testing Case; Justices to Debate Whether Convicts Should Be Guaranteed Access to Latest Techniques": Robert Barnes has this article today in The Washington Post. Posted at 03:25 PM by Howard Bashman  
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