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Archived: 04/02/2009 at 17:23:49
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Thursday, April 2, 2009 "Judge: Afghanistan Prisoners Can Challenge Detention in U.S. Courts." The Washington Post has this news update. And The Associated Press has a report headlined "Judge: Bagram prisoners can challenge detention." You can access today's ruling of the U.S. District Court for the District of Columbia at this link. "Obama taps 2 more for federal appeals courts": The Associated Press has this report. Posted at 01:03 PM by Howard Bashman "Toll Discounts for In-State Residents Draw Constitutional Challenge": John Schwartz has this article today in The New York Times. My most recent earlier coverage of this matter appeared Tuesday in a post titled "For whom the bridge tolls." "State high court asked to rule on tobacco suit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court asked California's highest court Wednesday to decide whether a Bay Area woman with terminal lung cancer waited too long to sue tobacco companies because she had been diagnosed with lesser illnesses many years earlier." You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link. "The Strategic Content Model of Supreme Court Opinion Writing": Yonatan Lupu and James H. Fowler have posted online at SSRN a paper whose abstract begins, "The Supreme Court's reasoning in a decision, including the precedent it cites in support of that reasoning, can be as significant as the outcome in determining the long-term impact of a case. As a result, the content of opinions can be used to provide important new insights into existing debates regarding judicial politics. In this article we present a strategic content model of the judicial process, which demonstrates how opinion content results from the strategic interaction between justices during the Court's bargaining process." Posted at 10:20 AM by Howard Bashman "Who pays the legal fees for judges charged with ethical violations?" This editorial appears today in The Fort Worth Star-Telegram. Posted at 08:27 AM by Howard Bashman "King County asks state high court to void records ruling": The Seattle Times today contains an article that begins, "King County has asked the state Supreme Court to vacate a landmark public-records decision issued earlier this year, alleging that Justice Richard Sanders -- who wrote the majority opinion -- 'stood to personally gain' from that decision." Posted at 08:22 AM by Howard Bashman "Former N.J. Supreme Court justice O'Hern dies; Red Bank native was nominated by Gov. Byrne in 1981 and served until 2000": This article appears today in The Newark (N.J.) Star-Ledger. Posted at 08:17 AM by Howard Bashman "N.J. Supreme Court is expected to rule on witness intimidation": The Associated Press has a report that begins, "New Jersey's Supreme Court is expected to rule today in a case that examines the issue of witness intimidation in criminal trials." After the ruling issues, it will be available via this link. From the April 1, 2009 issue of The Harvard Law Wrecker: "Obama Nominates Obama; Michelle Obama '88 becomes first First Lady, first African-American Woman, Latest HLS Graduate Nominated to Highest Court"; "Tribe publishes yet another long book nobody reads; Reviews Uniformly Hail Work as 'Breathtaking.'" "Holder's bold stroke": At Politico.com, Josh Gerstein has an article that begins, "Eric Holder's decision to drop the Ted Stevens case is just the kind of bold stroke longtime critics of the Bush Justice Department wanted from the new attorney general. In one move, he issued a sharp rebuke to a high-profile Bush-era prosecution and asserted his authority over the department." Posted at 08:05 AM by Howard Bashman "Hoosier's hearing boycotted": The Indianapolis Star today contains an article that begins, "Republicans on the Senate Judiciary Committee boycotted Wednesday's confirmation hearing of Hoosier David Hamilton to serve on the U.S. Court of Appeals for the 7th Circuit. Pennsylvania Sen. Arlen Specter, the panel's top Republican, said lawmakers were given 'grossly insufficient time' to prepare for the hearing." The Journal Gazette of Fort Wayne, Indiana reports today that "Lugar, Bayh praise judicial pick." The Deseret News reports that "Hatch protests fast hearings." And The Associated Press reports that "Many Republicans boycott judicial nominee hearing." Wednesday, April 1, 2009 "Supreme Court Strengthens Arbitration in Labor Case Ruling": law.com's Tony Mauro has this report. Posted at 11:55 PM by Howard Bashman "Ruling by Justices Backs Power Plants": Adam Liptak will have this article Thursday in The New York Times. And Thursday in The Washington Post, Robert Barnes will have an article headlined "EPA Can Weigh Cost-Benefits in Environmental Action, Court Says." "Legislation could undo ruling on Narragansett land": Thursday's edition of The Providence (R.I.) Journal will contain an article that begins, "The chairman of a key congressional committee said Wednesday that he is 'inclined' to sponsor a bill to address concerns raised by a recent Supreme Court decision that blocked the Narragansett Indians from securing federal trust status for a parcel of land they own in Charlestown." Posted at 10:55 PM by Howard Bashman "Keller's attorney says her omissions in disclosure form were unintentional": Today's edition of The Dallas Morning News contains an article that begins, "The failure of the state's highest criminal court judge to disclose all of her real estate holdings was unintentional and not an attempt to hide assets, her attorney said Tuesday." Posted at 10:45 PM by Howard Bashman "Storm Clouds Gather Over Obama Nominees": Neil A. Lewis has this article today in The New York Times. Posted at 08:54 PM by Howard Bashman "Obama's First Circuit Nominee Gets Quick Hearing": This post appears this evening at "The BLT: The Blog of Legal Times." For those readers who might wonder when President Obama made a nomination to the First Circuit, the referenced post actually pertains to President Obama's Seventh Circuit nominee, U.S. District Judge David F. Hamilton. "And Then They Came for Koh... If mainstream America can't stand up for Harold Koh, we will get precisely the government lawyers we deserve." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:32 PM by Howard Bashman James Vicini of Reuters is reporting: He has articles headlined "U.S. court upholds power plant cooling water rule" and "Death row inmate wins clemency lawyer appeal." Posted at 06:18 PM by Howard Bashman Greg Stohr of Bloomberg News is reporting: He has articles headlined "Union Contracts Can Limit Bias Suits, High Court Says" and "Power Plants Win at Top U.S. Court on EPA Water Rule." Posted at 06:15 PM by Howard Bashman "Just In: The Souter Bobblehead, With Bling." Tony Mauro has this post at "The BLT: The Blog of Legal Times." More details are available from The Green Bag at this link. Access today's U.S. Supreme Court rulings in argued cases: The Court today issued its ruling in 14 Penn Plaza LLC v. Pyett, No. 07-581. Justice Clarence Thomas delivered the opinion of the Court in this 5-4 ruling. Joining in the Court's opinion were the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Samuel A. Alito, Jr. Justice John Paul Stevens issued a dissenting opinion. And Justice David H. Souter also issued a dissenting opinion in which Justices Stevens, Ruth Bader Ginsburg, and Stephen G. Breyer joined. You can access the ruling at this link and the oral argument transcript at this link. Today's second ruling in an argued case issued in Entergy Corp. v. Riverkeeper, Inc., No. 07-588. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Kennedy, Thomas, and Alito joined. Justice Breyer issued an opinion concurring in part and dissenting in part. And Justice Stevens issued a dissenting opinion in which Justices Souter and Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link. And today's third and final ruling issued in Harbison v. Bell, No. 07-8521. Justice Stevens delivered the opinion of the Court, in which Justices Kennedy, Souter, Ginsburg, and Breyer joined. The Chief Justice and Justice Thomas each filed an opinion concurring in the judgment. And Justice Scalia filed an opinion concurring in part and dissenting in part, in which Justice Alito joined. You can access the ruling at this link and the oral argument transcript at this link. At "SCOTUSblog," Lyle Denniston has a post titled "Worker rights arbitration upheld." And in early news coverage, The Associated Press has reports headlined "Court rules for employers in arbitration case"; "Court sides with power plants over fish"; and "Court: Gov't should pay lawyers for clemency work." "Philip Morris, Wyeth Cases Mark Shift in U.S. Court's Course": Greg Stohr of Bloomberg News has an article that begins, "Companies are in a slump at the normally business-friendly U.S. Supreme Court." Posted at 08:22 AM by Howard Bashman "High Court to Weigh Relevance Of Voting Law in Obama Era": Robert Barnes has this front page article today in The Washington Post. Posted at 08:21 AM by Howard Bashman "Portland widow beats Big Tobacco": The Oregonian today contains an article that begins, "The widow of a Portland janitor won her 10-year legal battle with the world's largest cigarette maker Tuesday when the U.S. Supreme Court dismissed the tobacco company's appeal of a $79.5 million award." The newspaper also has reposted online this related article from February 1, 2008, in which I am quoted. Today in The New York Times, Adam Liptak reports that "Justices End Tobacco Company Appeal." In The Washington Post, Robert Barnes reports that "High Court Won't Take Up Award Against Philip Morris." Warren Richey of The Christian Science Monitor reports that "Supreme Court dismisses appeal in tobacco case with $79.5 million verdict; The case was considered one of the most important of the current term because it suggested the justices were headed into a showdown with the Supreme Court of Oregon." And law.com's Tony Mauro reports that "High Court Dismisses Philip Morris Appeal of $79 Million Punitive Damages Verdict." "Justices Limit the Reach of Apology to Hawaiians": Adam Liptak has this article today in The New York Times. Today in The Wall Street Journal, Jess Bravin reports that "Native Hawaiians Lose Claim." And The Honolulu Star-Bulletin contains articles headlined "Ceded lands case sent home; U.S. Supreme Court ruling favors the state but OHA also pleased" and "Bills seek to define ceded lands policy; OHA lawsuit on ceded lands keeps issue on front burner." In addition, the newspaper contains an editorial entitled "Ceded lands ruling creates quick need for sovereignty." "A Split At Justice On D.C. Vote Bill; Holder Overrode Ruling That Measure Is Unconstitutional": Carrie Johnson has this front page article today in The Washington Post. Posted at 08:03 AM by Howard Bashman "State Court of Appeals to Hear Two Same-Sex Marriage Cases": This article appears today in The New York Times. Posted at 07:59 AM by Howard Bashman "Administration Is Debating Release of Interrogation Memos": The New York Times today contains an article that begins, "The Obama administration is intensely debating whether and when to release documents from the Bush administration related to harsh interrogation methods used on prisoners belonging to Al Qaeda, according to administration and Congressional officials." Posted at 07:54 AM by Howard Bashman "Will high court make age-bias lawsuits easier or harder to win? A case the justices heard Tuesday offers them an opportunity to decide the standard for proving illegal discrimination." Warren Richey of The Christian Science Monitor has this report. Posted at 07:44 AM by Howard Bashman Happy 59th birthday to U.S. Supreme Court Justice Samuel A. Alito, Jr. This is no April Fool's joke, according to the popular "Today in History" feature from The Associated Press. Posted at 07:38 AM by Howard Bashman Tuesday, March 31, 2009 Here's hoping that life doesn't imitate "24": The Associated Press has a report headlined "Oldest US nuke plant could get new license" that begins, "Regulators don't have to consider the threat of a terrorist attack on the nation's oldest nuclear power plant, a federal court ruled Tuesday, and a vote on a new 20-year license for it is scheduled for Wednesday." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. The other Adam Liptak is losing weight thanks to the recession: This past Sunday's edition of The Boston Globe contained an article that begins, "As a banker who puts together complex loan packages for developers and other high-fliers, Adam Liptak has felt the recession's pain in the now all-too-familiar ways. But in the months since the credit markets went into piston-lock, he has noticed an unexpected and beneficial side effect: He has dropped 35 pounds." Posted at 07:32 PM by Howard Bashman "Judge orders Guantanamo informer released": Josh Gerstein has this post this afternoon at his "Under the Radar" blog at Politico.com. You can access the order of the U.S. District Court for the District of Columbia at this link. Update: In other coverage, The Associated Press reports that "Judge orders Guantanamo detainee released." And at "SCOTUSblog," Lyle Denniston has a post titled "Detainee informer wins release." "Judge Keller's disclosures omit nearly $2 million in real estate, public records show": Yesterday's edition of The Dallas Morning News contained an article that begins, "The presiding judge of the Texas Court of Criminal Appeals, while seeking state aid to defend herself against ethics charges, failed to abide by legal requirements that she disclose nearly $2 million in real estate holdings, according to an analysis of public records by The Dallas Morning News." And today, the newspaper has an update headlined "Civil, criminal complaints filed against Judge Sharon Keller over real estate holdings." The Associated Press reports that "Ethics complaint filed against Keller." And at the "Focal Point" blog of The Austin American-Statesman, Chuck Lindell has a post titled "Watchdog group files 2 complaints against Keller." The blog has also posted "Keller's 2008 financial disclosure statement"; "Ethics Commission complaint"; and "County attorney complaint." "Mixed-Up Names and Mixed Motives at the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." You can access the transcript of today's U.S. Supreme Court oral argument in Gross v. FBL Financial Services, Inc., No. 08-441, at this link. "Supreme Court Upholds Tobacco Award": Robert Barnes of The Washington Post has this news update. And Dow Jones Newswires report that "US Supreme Court Dismisses Philip Morris Appeal." In praise of Hewlett-Packard's customer service: At the start of 2009, I upgraded my office's computer system to a machine that's running the 64-bit Windows Vista operating system. As a result, it was also necessary to upgrade my office printer-photocopier-scanner-fax all-in-one machine from the hp LaserJet 3330 to the hp LaserJet 1522nf. The new printer was performing wonderfully until last Friday, when it began to stop printing documents before all pages had emerged. That issue persisted through yesterday, when the printer also exhibited the dreaded "Scanner Error 5" malfunction code. Mid-morning yesterday, I called Hewlett-Packard's toll-free customer service number, where a helpful representative located in Costa Rica had me attempt a number of possible fixes (all to no avail) before offering to supply a replacement printer at no charge. According to the customer service representative, the replacement printer was scheduled to arrive in two to three business days. Fortunately, I had retainer my older printer, which is capable of printing from my current system. This morning at 10 a.m. -- less than 24 hours after a replacement printer had been promised -- FedEx delivered the replacement printer, which had been sent overnight from California. That's the fastest under warranty replacement of technology that I've ever had the pleasure to experience. U.S. Court of Appeals for the Second Circuit issues "chutzpah" footnote: See footnote five (located on page seven of the PDF file) of this opinion issued today (via "Wait A Second!"). The sentence to which the footnote pertains states, "Despite their flat-out refusal to comply with the District Court's lawful orders, the Uzans now have the chutzpah to seek post-judgment, equitable relief from complying with those orders." "Office of Legal Counsel Nominee Still Awaiting Vote": Today at "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Dawn Johnsen, nominated to be assistant attorney general in charge of the Office of Legal Counsel, may have to wait at least another three weeks for a vote in the Senate." Posted at 11:27 AM by Howard Bashman "Altria Appeal of Smoker Award Dismissed by Top Court": Greg Stohr of Bloomberg News has this report. And James Vicini of Reuters reports that "U.S. top court dismisses Philip Morris appeal." "Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages." In related news (see post immediately below), law professor Thomas B. Colby had this article in the December 2008 issue of The Yale Law Journal (via "Drug and Device Law" blog). Posted at 10:54 AM by Howard Bashman Today's U.S. Supreme Court rulings in argued cases: The Court today resolved three argued cases. The first ruling that the Court released today issued in Hawaii v. Office of Hawaiian Affairs, No. 07-1372. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court. You can access the opinion at this link and the oral argument transcript at this link. The second ruling that the Court released today issued in Rivera v. Illinois, No. 07-9995. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court. You can access the ruling at this link and the oral argument transcript at this link. Third and finally, the Court today issued a per curiam order dismissing the writ of certiorari as improvidently granted in Philip Morris USA Inc. v. Williams, No. 07-1216. You can access the oral argument transcript at this link. The case was argued on December 3, 2008, suggesting that the decision to dismiss the case as improvidently granted was not reached with typical dispatch. In any event, no dissents from this disposition are noted in the Court's order. At "SCOTUSblog," Lyle Denniston has a post titled "Tobacco punitive verdict stands." I guess, at the end of the day, the analysis expressed in the February 11, 2008 installment of my "On Appeal" column headlined "Not Even U.S. Supreme Court Victory Can Vanquish $79.5 Million Punitive Award Against Philip Morris" proved to be correct. In early news coverage, The Associated Press reports that "Court ends Philip Morris appeal of $79.5M award"; "Hawaii wins land dispute at Supreme Court"; and "Court refuses to throw out murder conviction." "Judge blocks Tunkhannock Area sexting charges": This article appears today in The Times-Tribune of Scranton, Pennsylvania. I have posted online at this link yesterday's ruling of the U.S. District Court for the Middle District of Pennsylvania. For whom the bridge tolls: Today's edition of The Providence (R.I.) Journal contains an article headlined "Suit contests higher tolls for out-of-state drivers on Pell Bridge." Posted at 08:18 AM by Howard Bashman "Texas Judge Asks for Dismissal of Charges in Inmate's Execution": law.com provides this report. Posted at 08:10 AM by Howard Bashman "Legal Group's Neutrality Is Challenged": Today's installment of Adam Liptak's "Sidebar" column begins, "Two weeks ago, the American Bar Association's eight-year exile ended. The Obama administration restored the group to the special status it had enjoyed since the Eisenhower years, and it will once again get early word about potential nominees to the federal bench." Liptak's report links to a paper titled "Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial Nominees," recently posted online at SSRN. "Can A True Statement Form the Basis for a Defamation Lawsuit? In a Controversial Ruling, the U.S. Court of Appeals for the First Circuit Says Yes." Julie Hilden has this essay online at FindLaw. Posted at 08:02 AM by Howard Bashman "Commission to select chief justice nominees for state Supreme Court": This article appears today in The Providence (R.I.) Journal. Posted at 08:00 AM by Howard Bashman "CNN analyst gives history of Court": Today's edition of The Brown and White -- the student newspaper of Lehigh University -- contains an article that begins, "Jeffrey Toobin, journalist and analyst for CNN, discussed the public and private sides of the U. S. Supreme Court on Wednesday in Packard Laboratory." And in other coverage, Lehigh University issued a news release headlined "Toobin offers perspective on presidents and justices." This evening at Lehigh, law professor Jeffrey Rosen will deliver this year's Tresolini Lecture, titled "Obama's Constitution: The Future of the Supreme Court." "McVeigh lawyer Stephen Jones loses tax-break bid; Deduction was claimed in donation of files": This article appears today in The Oklahoman. The Enid (Okla.) News & Eagle reports today that "Jones says IRS personally attacked him." And The Associated Press reports that "Appeals court rejects tax case of McVeigh's lawyer." This blog's earlier coverage of last Friday's Tenth Circuit ruling appears here and here. Monday, March 30, 2009 "Gun Lobby Files New Suit in D.C. Over Federal Restrictions": Jordan Weissmann has this post at "The BLT: The Blog of Legal Times." Posted at 10:44 PM by Howard Bashman "Federal judge blocks charges in Pa. 'sexting' case": The Associated Press has this report. And The Times-Tribune of Scranton, Pennsylvania has a news update headlined "Judge bars DA from charging girls in sexting case." I have posted online at this link today's ruling of the U.S. District Court for the Middle District of Pennsylvania. "Supreme Court Won't Revive Va. Anti-Spam Law": Jerry Markon of The Washington Post has this news update. And Frank Green of The Richmond Times-Dispatch has a news update headlined "U.S. Supreme Court declines to consider reinstating Va. anti-spam law." "Full House for Supreme Court Arguments on Asbestos": Tony Mauro has this post at "The BLT: The Blog of Legal Times." You can access the transcript of today's U.S. Supreme Court oral argument in Travelers Indemnity Co. v. Bailey, No. 08-295, by clicking here. "Justice O'Connor at Pepperdine": Benjamin Shatz has this post today at the "en Banc" blog of the Los Angeles Bar Association." Last Friday, retired Justice Sandra Day O'Connor was at Pepperdine University School of Law to deliver the third annual William French Smith Memorial Lecture. Access today's Order List of the U.S. Supreme Court: The Court today granted review in no new cases. You can access the Order List at this link. At "SCOTUSblog," Lyle Denniston provides this coverage. And The Associated Press reports that "Court won't revive Va. anti-spam law." "A confirmation fight for a challenging job: Perez would face issues of civil rights, Justice morale." The Baltimore Sun today contains an article that begins, "In the annals of the capital's acid partisanship, their names are boldfaced: candidates for America's highest civil rights post who never got confirmed. During the last Democratic administration, conservatives succeeded in blocking Senate approval of Lani Guinier and Bill Lann Lee to head the civil rights division at the Justice Department. Now, they're gearing up to put Thomas E. Perez, a Maryland lawyer selected for the job by President Barack Obama, through the grinder. Senate sources predict that the state's labor secretary will be confirmed for the federal post, but history suggests that it won't be without a fight." Posted at 08:37 AM by Howard Bashman "A debate swirls over teens' lurid pictures; Should self-portraits draw harsh penalties?" This article appeared yesterday in The Newark (N.J.) Star-Ledger. Posted at 07:58 AM by Howard Bashman "Why Card Check Is Unconstitutional: Only secret ballots are consistent with the First Amendment." David B. Rivkin Jr. and Lee A. Casey have this op-ed today in The Wall Street Journal. Posted at 07:48 AM by Howard Bashman "Philadelphia Tour Guides Say Licensing Quiz Treads on Them; Ben Franklin's 80 Progeny and Other Myths Raised Hackles; Now It's a Federal Case": This article appears today in The Wall Street Journal. Posted at 07:45 AM by Howard Bashman "We must guard our free speech fortress: Two Supreme Court cases -- one just settled, one upcoming -- involve the government's role in religious expression; Our system's dirty little secret: Government is already inside, and active, in the free speech arena." Law professor Richard W. Garnett has this op-ed today in USA Today. Posted at 07:35 AM by Howard Bashman Sunday, March 29, 2009 "Author Examines Effects Of Solitary Confinement": This audio segment (RealPlayer required) featuring Atul Gawande appeared on this evening's broadcast of NPR's "All Things Considered." In the March 30, 2009 issue of The New Yorker, Gawande has an "Annals of Human Rights" article headlined "Hellhole: The United States holds tens of thousands of inmates in long-term solitary confinement; Is this torture?" "Palin stands firm on consent; State lawmakers consider compromise requiring parental notification": This article appeared yesterday in The Anchorage Daily News. Posted at 08:44 PM by Howard Bashman "Error Correction": Law professor Chad M. Oldfather has posted this article online at SSRN (via "Legal Theory Blog"). The article's syllabus begins, "Under most accounts of appellate review, error correction stands with law declaration as the core purposes of the process. Yet while a vast amount of scholarship addresses the process of judicial law creation, error correction has received comparatively little attention." "Campus security bills for speakers challenged": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "When a UC Berkeley student group invited a speaker known for his hard-line pro-Israel stance, the university feared clashes with Palestinian supporters and billed the group more than $3,000 for police protection." The article reports on the efforts of "the Foundation for Individual Rights in Education, a conservative-leaning group that defends free speech on campus," to challenge such fees as unconstitutional. "Kansans to vote on gun ownership amendment": This article appears today in The Wichita Eagle. Posted at 09:24 AM by Howard Bashman "McHugh rumored to be in line to replace Albright": Friday's edition of The Charleston (W. Va.) Daily Mail contained an article that begins, "Some say Gov. Joe Manchin won't have to look far to find a suitable replacement for former West Virginia Supreme Court Justice Joseph Albright." Posted at 09:23 AM by Howard Bashman "Tennessee could have no appellate judge elections in 2010 or 2014": The Memphis Commercial Appeal provides a report that begins, "There would be no Tennessee elections in 2010 or 2014 for appellate judges -- including Tennessee Supreme Court justices -- if the legislature doesn't enact some means for judicial election to replace the current selection system that is set to expire June 30, according to an advisory opinion by the state attorney general released Friday." The Tennessee Attorney General's opinion bears the title "Effect of Expiration of Judicial Selection Commission and Judicial Evaluation Commission." "Reinstated, Chief Justice Bears Hopes of Pakistan": This article appears today in The New York Times. Posted at 09:15 AM by Howard Bashman "State Supreme Court challenger counting on undecided voters": The Milwaukee Journal Sentinel contains this article today. Posted at 09:14 AM by Howard Bashman "Judge dismisses attempt to remove 'one state under God' from Texas pledge": This article appeared yesterday in The Dallas Morning News. And The Associated Press reports that "Judge rules Texas pledge may reference God." You can access Thursday's ruling of the U.S. District Court for the Northern District of Texas at this link. Saturday, March 28, 2009 "Detainee's Harsh Treatment Foiled No Plots; Waterboarding, Rough Interrogation of Abu Zubaida Produced False Leads, Officials Say": Sunday's edition of The Washington Post will contain this front page article. Posted at 11:58 PM by Howard Bashman "Spanish Court Weighs Inquiry on Torture for 6 Bush-Era Officials": This article will appear Sunday in The New York Times. Update: And Sunday's edition of The Los Angeles Times will report that "Spanish judge considers trying U.S. officials over Guantanamo; A complaint has been filed against former Atty. Gen. Alberto Gonzales and other Bush administration figures, citing harsh interrogation tactics at the prison." "Jury finds abortion doctor not guilty on 19 charges": The Kansas City Star contains this article today. The Los Angeles Times reports today that "Doctor acquitted by Kansas jury in late-term abortion trial; Prosecutors had argued that the second opinions in 19 of his procedures weren't given by an independent physician; Next up is an administrative challenge from a state health board." And The New York Times reports today that "Jurors Acquit Kansas Doctor in a Late-Term Abortion Case." Meanwhile, in other abortion-related news from Kansas, The Wichita Eagle reports today that "Kathleen Sebelius signs Kansas right to know abortion bill." And The Kansas City Star reports that "Sebelius signs abortion law on fetal sonograms." "Does Antonin Scalia hate gays? Rep. Barney Frank may have gone too far in calling the Supreme Court justice a 'homophobe,' but the jurist's opinions on homosexuals should raise some concerns." This editorial appears today in The Los Angeles Times. Posted at 01:30 PM by Howard Bashman "House Judiciary gets files on U.S. Attorneys": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 12:42 PM by Howard Bashman "10th Circuit Denies $300k Charitable Deduction Claimed by Timothy McVeigh's Lawyer for Donation of Work Papers to University of Texas": This detailed post appears today at "TaxProf Blog." My earlier coverage of yesterday's Tenth Circuit ruling appears at this link. "A Showdown on Voting Rights: In Texas Case, a Divide Over How Far Minorities Have Come." Jess Bravin has this article today in The Wall Street Journal. Posted at 12:34 PM by Howard Bashman "Ruling means deportation for Oakland dad": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A Mexican who entered the United States illegally in 1988 and now is a hard-working family man in Oakland must be deported because he paid a smuggler $1,000 to bring his bride across the border, a federal appeals court has ruled." You can access Thursday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "E-Mail Theft Case Sparks First-of-a-Kind Ruling; Actual damages must be proven for award under Stored Communications Act": Marcia Coyle of The National Law Journal has this report. You can access the recent ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. "Judges' Kickbacks Thrived Despite Red Flags": This front page article appears today in The New York Times. Today's edition of The Citizens Voice of Wilkes-Barre, Pennsylvania contains articles headlined "Without objections" and "Ciavarella tells '20/20' he didn't plead guilty to 'kids for cash.'" The Associated Press reports that "Pa. youth court corruption creates legal headache." And law.com reports that "Juvenile Records to Be Expunged in Response to Judicial Kickback Case." "Oklahoma City bombing co-conspirator Terry Nichols sues over his diet": Today's edition of The Oklahoman contains an article that begins, "Oklahoma City bombing co-conspirator Terry Nichols is complaining about his diet again -- this time in a handwritten federal lawsuit seeking more than $2 million." Posted at 10:17 AM by Howard Bashman "No Vacancy: Reading the tea leaves of the Supreme Court's retirement prospects." Dahlia Lithwick has this jurisprudence essay online at Slate. Update: Dahlia's essay also will appear in the April 6, 2009 issue of Newsweek, under the headline "Watching For Supreme Surprises: Institutional penchants for privacy and drama mean there is rarely warning of big news." Friday, March 27, 2009 "Jury finds Kan. doctor not guilty in abortion case": The Associated Press has this report. Posted at 09:10 PM by Howard Bashman Tenth Circuit agrees that the IRS properly denied a charitable contribution deduction to attorney Stephen Jones for donating to a university the discovery material that he acquired while serving as lead attorney for Oklahoma City bomber Timothy McVeigh: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. Posted at 08:37 PM by Howard Bashman "Court upholds Md. funeral home law": The Associated Press has a report that begins, "Maryland's restrictions on funeral home ownership serve a worthy goal of protecting the public and do not excessively impair interstate commerce, a federal appeals court ruled Friday. A three-judge panel of the 4th U.S. Circuit Court of Appeals reversed a Baltimore judge's ruling that the Maryland Morticians and Funeral Directors Act violates the commerce clause of the U.S. Constitution." You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. "Justice Rivera-Soto will not face sanctions for violating court order": The Newark (N.J.) Star-Ledger has a news update that begins, "New Jersey Supreme Court Chief Justice Stuart Rabner today said Justice Roberto Rivera-Soto will not be sanctioned for publicly using the name of Hunterdon County investigator who uttered a racial slur while discussing former NBA star Jayson Williams, even after he was told about a court order not to identify the man." And The Associated Press reports that "No sanctions for NJ judge in Jayson Williams case." "SG Kagan Recuses in Supreme Court Brief": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 04:10 PM by Howard Bashman "Dismissal of lawsuit over Sudan strikes upheld": The Associated Press has this report. My earlier coverage of today's D.C. Circuit ruling appears at this link. "Reid: Roberts 'didn't tell us the truth.'" Politico.com has a report that begins, "Senate Majority Leader Harry Reid said Friday that John Roberts misled the Senate during his confirmation hearings by pretending to be a moderate -- and that the United States is now 'stuck' with him as chief justice." And at the "Legal Beat" blog of CQ Politics, Keith Perine has a post titled "Reid Won't Go Nuclear Against GOP Judicial Filibusters." "Appeals court upholds ruling allowing 'Choose Life' on Missouri license plates": This article appears today in The Kansas City Star. My earlier coverage of yesterday's Eighth Circuit ruling appears at this link. "Plea for freer commercial speech": At "SCOTUSblog," Lyle Denniston has a post that begins, "Two companies that gather wide-ranging data on health care, including several billion reports each year on drugs that doctors are prescribing for patients, asked the Supreme Court on Friday to give the highest level of constitutional protection to assembling and selling commercial data." You can access the petition for writ of certiorari by clicking here. "In 1998, the President of the United States ordered a missile strike against a pharmaceutical plant in Sudan that he believed was connected to the terrorist activities of Osama bin Laden." So begins an opinion that the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. The opening paragraph of the majority opinion continues: "The owners of the plant sued the United States, challenging several allegedly defamatory statements made by senior executive branch officials justifying the strike as well as the government's failure to compensate them for the destruction of the plant. The district court dismissed plaintiffs' complaint, and we affirm on the ground that it presents a nonjusticiable political question." "In appeals court, S.F. defends strip searches": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "With millions of dollars in damages potentially at stake, attorneys for San Francisco defended the city's former policy of strip-searching new jail inmates Thursday, arguing that the need to curb jailhouse smuggling of weapons or drugs justified the practice." You can access the audio of yesterday's en banc oral argument before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link (9.69MB Windows Media audio file). A little over one month ago, I had this post about the Ninth Circuit's order granting rehearing en banc. The August 2008 opinion of a divided three-judge Ninth Circuit panel in the case, in which each of the three judges wrote an opinion, can be accessed here. "State Supreme Court awards another $40,000 to former justice": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "The state Supreme Court ruled Thursday that property owners whose land was burned in a forest fire were eligible for additional damages - a decision that will double from nearly $40,000 to almost $80,000 the award for a farm partly owned by a former Supreme Court justice." And The Associated Press reports that "Wis. court doubles damages for 2003 forest fire." You can access yesterday's ruling of the Supreme Court of Wisconsin at this link. "Court tells Mack to pay divorce settlement": In today's edition of The Reno Gazette-Journal, Martha Bellisle has an article that begins, "The Nevada Supreme Court upheld a lower court ruling Thursday ordering Darren Mack, convicted of killing his estranged wife and shooting their divorce judge, to pay her estate almost $1 million under an agreement they had made verbally." You can access yesterday's ruling of the Supreme Court of Nevada at this link. "Clean Slates for Youths Sentenced Fraudulently": Today in The New York Times, John Schwartz has an article that begins, "The Supreme Court of Pennsylvania on Thursday ordered the slate cleaned for hundreds of youths who had been sentenced by a corrupt judge." The Philadelphia Inquirer today reports that "Judge may overturn hundreds of cases in Luzerne scandal." And The Citizens Voice of Wilkes-Barre, Pennsylvania contains an article headlined "State court: Clear juvenile records." My earlier coverage of yesterday's Pennsylvania Supreme Court order appears at this link. "Court grants AP's appeal over Maynard's e-mails": The West Virginia Record has a report that begins, "The West Virginia Supreme Court on Thursday unanimously granted a petition filed by The Associated Press, which is seeking eight e-mails between former Justice Elliott 'Spike' Maynard and Massey Energy CEO Don Blankenship." And The Associated Press reports that "WVa Supreme Court agrees to hear e-mail FOIA case." "High court denies Massey brief filing in Harman case": This article appeared yesterday in The Charleston (W. Va.) Gazette. Posted at 08:35 AM by Howard Bashman "Judge Sees 'Serious' Issues in Cellphone Photos Case": The New York Times today contains an article that begins, "A federal judge said at a hearing on Thursday that 'serious constitutional issues' were raised in a lawsuit filed by three teenage girls and their mothers against a county district attorney who threatened to arrest the students on pornography charges after seminude photographs of them appeared on other students' cellphones." And The Scranton (Pa.) Times;Tribune reports today that "Girls in 'sexting' scandal defy Wyoming County DA." "Let's give Judge Keller a free lawyer": Rick Casey has this op-ed today in The Houston Chronicle. Posted at 08:11 AM by Howard Bashman "As New Lawyer, Senator Defended Big Tobacco": This lengthy article about U.S. Senator Kirsten E. Gillibrand (D-NY) appears today in The New York Times. Posted at 08:10 AM by Howard Bashman "Enron's Skilling resentencing hearing set for July": The Associated Press has this report. Posted at 07:52 AM by Howard Bashman Thursday, March 26, 2009 "Environmental policy a specialty of Obama's solicitor general": Greenwire has this article online at the web site of The New York Times. Posted at 11:44 PM by Howard Bashman "'Survivor' star Hatch seeks early release from prison": Katie Mulvaney of The Providence Journal has a blog post that begins, "He bared it all as the 'Survivor' show's first star, and now Richard Hatch wants to get out of jail -- immediately." And The Associated Press reports that "Survivor winner seeks release from US prison." You can access the pro se habeas petition at this link. "Who's Policing the Fourth Amendment? Two cases push the unevenly enforced exclusionary rule closer to repeal." David G. Savage will have this article in the April 2009 issue of the ABA Journal magazine. Posted at 05:07 PM by Howard Bashman "A Busy April for Civil Rights Litigation at the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 04:55 PM by Howard Bashman "Hundreds of Pa. juvenile convictions reversed": The Associated Press has a report that begins, "Pennsylvania's highest court on Thursday overturned hundreds of juvenile convictions issued by a corrupt judge accused of taking millions of dollars in kickbacks to send kids to privately owned detention centers." The Citizens Voice of Wilkes-Barre, Pennsylvania has a news update headlined "Judge orders expungement of juvenile court records." And The Philadelphia Inquirer has a news update headlined "Court overturns hundreds of cases in court scandal." You can view today's order of the Supreme Court of Pennsylvania at this link. And the Administrative Office of Pennsylvania Courts today issued a news release headlined "Supreme Court of Pennsylvania Approves Expungement of Juvenile Records in Luzerne County." "Former Ala. gov., HealthSouth CEO seek full review": The Associated Press has a report that begins, "Former Alabama Gov. Don Siegelman and former HealthSouth CEO Richard Scrushy are asking the full 11th U.S. Circuit Court of Appeals to review arguments to overturn their convictions in a government corruption case." Posted at 03:11 PM by Howard Bashman Eighth Circuit affirms federal district court decision that orders State of Missouri to issue "Choose Life" specialty license plates: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. In early news coverage, The Associated Press reports that "Appeals court upholds decision requiring Mo. to issue 'Choose Life' license plates." Police officer who lost sense of smell says this appellate court ruling stinks! The Associated Press has a report headlined "Pa. court OKs removal of officer who can't smell" that begins, "A Pennsylvania appeals court says a township is allowed to discharge an officer because he lost his sense of smell in an off-duty motorcycle accident." You can access today's ruling of the Commonwealth Court of Pennsylvania at this link. "Obama Backs Banks, Seeks to Block State Fair-Lending Crackdown": Greg Stohr of Bloomberg News has a report that begins, "The Obama administration's call for greater financial regulation may have its limits. The administration late yesterday urged the Supreme Court to bar New York and other states from enforcing their fair-lending and other consumer-protection laws against federally chartered banks including JPMorgan Chase & Co. and Wells Fargo & Co." Posted at 02:22 PM by Howard Bashman "Arizona's high court bans school vouchers": The Arizona Republic today contains an article that begins, "The Arizona Supreme Court on Wednesday declared the state's school-voucher programs unconstitutional because they violate a ban against appropriating public money for private or religious schools. The unanimous decision shuts the door on vouchers in Arizona unless voters agree to a statewide ballot measure to change the state Constitution." And Howard Fischer of The Arizona Daily Star reports today that "AZ vouchers for schools ruled illegal; High-court ruling for public education overturns '06 programs of Legislature." You can access yesterday's ruling of the Supreme Court of Arizona at this link. "High court unanimous in decisions so far": Today's edition of The Charleston (W. Va.) Daily Mail contains an article that begins, "So far this term, the state Supreme Court has delivered unanimous decisions in every one of the 19 appeals it has heard. The five judges have been in agreement on every case since the term began Jan. 13. It seems to be a shift from recent years. Prior to the November election that changed the make-up of the court, many decisions split the justices 3-2." Posted at 07:58 AM by Howard Bashman "Is the Bonus Tax Unconstitutional? The Supreme Court defers too much to Congress." Law professor Richard A. Epstein has this op-ed today in The Wall Street Journal. Posted at 07:54 AM by Howard Bashman "Holder Frames Future at Justice With Portraits From the Past": FOXNews.com has this report. Posted at 07:50 AM by Howard Bashman "Elena Kagan and the GOP's perilous partisanship: Thirty-one Republican senators voted against her nomination as solicitor general; That could tempt Obama to ignore the minority's views when it comes to picking a Supreme Court justice." This editorial appears today in The Los Angeles Times. Posted at 07:48 AM by Howard Bashman "State court leaves room for Lokuta": Today's edition of The Citizens Voice of Wilkes-Barre, Pennsylvania contains an article that begins, "Ann H. Lokuta won a huge victory in her fight to regain her seat on the Luzerne County bench Wednesday when the state Supreme Court stopped an election to replace her and opened the door for a possible reargument of her case. The state's highest court stayed a state Court of Judicial Discipline decision removing Lokuta from the bench. It also ordered the discipline court to determine whether it should reconsider that decision in the light of federal corruption charges lodged against three high-ranking county court officials who testified against Lokuta." The newspaper also reports today that "Judicial candidates undeterred by ruling." And today's edition of The The Times Leader of Wilkes-Barre contains articles headlined "Ruling: Keep Lokuta seat off ballot; Decision removing judge from office stayed" and "Ruling could keep seat empty until 2012; Although Lokuta not serving, state Supreme Court's order means her seat is not vacant." You can access yesterday's order of the Supreme Court of Pennsylvania at this link. And former Judge Lokuta's application for a stay can be accessed here. Wednesday, March 25, 2009 "Supreme Court to Hear Key Test Case for Age Bias Claims": Marcia Coyle of The National Law Journal has this report. Posted at 11:33 PM by Howard Bashman "Schwarzenegger back in trouble over prison care": Bob Egelko of The San Francisco Chronicle has this news update. And The Associated Press reports that "Appeals court OKs Schwarzenegger contempt hearing." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "ACLU sues DA in nude photo trading case": The Times-Tribune of Scranton, Pennsylvania has a news update that begins, "The American Civil Liberties Union has filed a lawsuit against the Wyoming County District Attorney on behalf of three teenage girls who may face felony charges for having semi-nude pictures of themselves traded by classmates using cell phones." The article provides links to that newspaper's earlier coverage of these events. Reuters reports that "Prosecutor sued over semi-nude teen photos case." And at Wired.com's "Threat Level" blog, Kim Zetter has a post titled "ACLU Sues Prosecutor Over 'Sexting' Child Porn Charges." The American Civil Liberties Union of Pennsylvania today issued this news release and posted online a copy of its federal court complaint initiating suit. It's a big deal for tax lawyers -- U.S. Court of Appeals for the First Circuit grants rehearing en banc in United States v. Textron Inc. On January 23, 2009, The New York Times contained an article headlined "I.R.S. Is Thwarted as Court Shields Textron Tax Papers" that begins: The Internal Revenue Service suffered a setback late Wednesday in its crusade against corporate tax shelters when an appeals court ruled that Textron, the maker of Cessna airplanes, did not have to turn over internal papers detailing its use of aggressive tax shelters.According to the article, "The case has been closely watched by large corporations and their lawyers and accountants, who fear having to disclose potentially damaging deliberations regarding shelters that the I.R.S. considers abusive." The article reported on a ruling that a three-judge panel of the U.S. Court of Appeals for the First Circuit issued on January 21, 2009. In other coverage of that ruling, Reuters reported that "U.S. court rules Textron can keep paperwork from IRS." Today, however, the First Circuit entered an order granting rehearing en banc in the case, which means that all five active First Circuit judges are slated to rehear this appeal at an oral argument scheduled for June 2, 2009. Update: "TaxProf Blog" links to its earlier coverage of this case in this new post. "One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009." But, because an appeal that the U.S. Court of Appeals for the Seventh Circuit decided today involves the so-called "cat's paw" theory, that's exactly what has happened. Today's opinion, written by Circuit Judge Terence T. Evans, begins: One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009. But that's the situation in this case as we try to make sense out of what has been dubbed the "cat's paw" theory. The term derives from the fable "The Monkey and the Cat" penned by Jean de La Fontaine (1621-1695). In the tale, a clever--and rather unscrupulous--monkey persuades an unsuspecting feline to snatch chestnuts from a fire. The cat burns her paw in the process while the monkey profits, gulping down the chestnuts one by one. As understood today, a cat's paw is a "tool" or "one used by another to accomplish his purposes." Webster's Third New International Dictionary (1976). More on this a little later.You can access a translation of the fable at this link, and the fable apparently has inspired at least several artists (see here and here). Posted at 04:42 PM by Howard Bashman Seventh Circuit decides appeal involving approximately 81,454 cans of baby formula: I guess the U.S. Department of Justice is free to attempt to approximate with exactitude, instead of using round numbers like 81,500. At least that appears to be the federal government's position given the caption of the case known as United States v. Approximately 81,454 Cans of Baby Formula. Incredibly, it's another one of those "use by" versus "best when purchased by" date cases, and (as with the Beanie Baby line of appellate litigation) apparently this all but guarantees that Circuit Judge Richard A. Posner will be the opinion's author. Unlike last time, when the federal government's attorney failed to emerge unscathed, today the federal government actually wins the appeal. And, as a result, the baby formula -- or at least its usefulness as a nutritious beverage -- is on the losing end of today's ruling. "Court focuses skeptical eye on McCain-Feingold": Tony Mauro has this news analysis online at the First Amendment Center. Posted at 01:42 PM by Howard Bashman Today's U.S. Supreme Court opinion in an argued case: The Court today issued its opinion in Puckett v. United States, No. 07-9712. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. Justice David H. Souter issued a dissenting opinion, in which Justice John Paul Stevens joined. You can access the ruling at this link and the oral argument transcript at this link. Update: The Associated Press reports that "Court rules for government in plea deal dispute." "Court weighs sex bias suit against Wal-Mart": Bob Egelko has this article today in The San Francisco Chronicle. And Reuters reports that "Wal-Mart sex discrimination case back in court." This blog's most recent earlier coverage of yesterday's Ninth Circuit en banc argument -- including a link to the oral argument audio -- can be accessed here. "Keller denies charges she closed court to death row appeal": Chuck Lindell has this article today in The Austin American-Statesman. You can access the written response to the charges by clicking here. The Houston Chronicle reports today that "Keller shifts blame for execution blunder." And John Schwartz of The New York Times reports that "Texas Judge Denies Charges of Misconduct." "Supreme Court hears free-speech case on 'Hillary: The Movie'; A majority of justices appear to agree that limits on corporate campaign spending violate free speech; The question is whether they will strike down some or all such restrictions." David G. Savage has this article today in The Los Angeles Times. In addition, the newspaper contains an editorial entitled "Looking at 'Hillary: The Movie'; Should 1st Amendment protections apply to a documentary critical of Hillary Clinton?" Today in USA Today, Joan Biskupic reports that "High court hears arguments over anti-Clinton film." Michael Doyle of McClatchy Newspapers has an article headlined "Political ad or free speech? Anti-Hillary film gets court screening." The Washington Times reports that "Justices view 'Hillary' movie; Group argues election film not campaign advocacy." Bill Mears of CNN.com reports that "'Hillary: The Movie' gets high court attention." And Josh Gerstein of Politico.com reports that "SCOTUS argues anti-Clinton film." "Security Worries in the Suburbs; Possible Move of Terrorist Suspects To Alexandria for Trial Raises Outcry": Jerry Markon has this article today in The Washington Post. Posted at 09:30 AM by Howard Bashman "Handling Of 'State Secrets' At Issue; Like Predecessor, New Justice Dept. Claiming Privilege": The Washington Post contains this front page article today. Posted at 09:28 AM by Howard Bashman "Law School begins search for new dean": This article appears today in The Yale Daily News. And The Los Angeles Times reports today that "Human rights advocate named State Department's top lawyer; Harold Hongju Koh, dean at the Yale Law School, has been one of the most vocal critics of the Bush administration's approach to the detention and trial of terrorism suspects." "Ex-judge fights to have his pension reinstated; A former Creek County judge who was convicted of indecent exposure is asking an Oklahoma County judge to reinstate his judicial retirement pay": The Tulsa World contains this article today. Posted at 09:17 AM by Howard Bashman "State's top court hears pros, cons of housing bans for sex offenders; 118 New Jersey towns have such restrictions": This article appears today in The Newark (N.J.) Star-Ledger. And The Philadelphia Inquirer reports today that "N.J. high court weighs sex-offender laws." "Defense to present case in Kan. abortion trial": The Associated Press has this report. Posted at 08:54 AM by Howard Bashman "6 candidates for chief justice have their say": This article appears today in The Providence (R.I.) Journal. Posted at 08:47 AM by Howard Bashman "Judges for sale": Today's edition of The Boston Globe contains an editorial that begins, "How would you like to go into an appeals court if your opponent in the case spent $3 million to help elect one of the judges?" Posted at 08:42 AM by Howard Bashman "What Constitutional Rights Should Schoolchildren Have? Two Recent Cases Underscore the Ways in Which Children Are Not Simply Miniature Adults." Michael C. Dorf has this essay online at FindLaw. Posted at 08:34 AM by Howard Bashman Tuesday, March 24, 2009 "Appeals court rehears Wal-Mart sex-bias case": Josh Richman of The Oakland Tribune has this news update. law.com reports that "Wal-Mart En Banc Session Packs House." And Wednesday's edition of The Wall Street Journal will contain an editorial entitled "How Not to Fight Discrimination: The EEOC joins a class-action effort against Wal-Mart." You can access the audio of today's rehearing en banc oral argument before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Dukes v. Wal-Mart Stores via this link (9.16MB Windows Media audio file) "Justices Consider Interplay Between First Amendment and Campaign Finance Laws": Adam Liptak will have this article Wednesday in The New York Times. Wednesday in The Washington Post, Robert Barnes will have an article headlined "Justices May Soften Campaign Ad Law; Arguments Over Anti-Clinton Movie Peppered With Free-Speech Issues." David G. Savage of The Los Angeles Times has a news update headlined "'Hillary: The Movie': Supreme Court hears film's challenge to campaign finance laws." law.com's Tony Mauro reports that "Supreme Court Appears Divided Over Hillary Clinton Movie in Campaign Finance Case." And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Court Weighs Anti-Clinton Movie" (RealPlayer required) featuring Nina Totenberg. "The Supreme Court Reviews Hillary: The Movie; Prediction: 10 thumbs-ups, 8 thumbs-downs." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 10:11 PM by Howard Bashman "Judge Keller files response to charges": At the "Austin Legal" blog of The Austin American-Statesman, Chuck Lindell has a post that begins, "Sharon Keller, presiding judge of the Texas Court of Criminal Appeals, this afternoon filed her response to charges that she violated her judicial duty when she refused to accept an after-hours appeal in 2007." You can access the response by clicking here. "Texas Democrats' loyalty oath legal, court says": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today. Posted at 08:32 PM by Howard Bashman "Riverboat Robbery: When does a tax become an illegal 'taking'?" Today's edition of The Wall Street Journal contains an editorial that begins, "Illinois politics seems to be everywhere this year -- and now it may be headed to the Supreme Court in the form of a lawsuit brought against the state. The case, which has ties to impeached Illinois Governor Rod Blagojevich, could have an important impact on the definition of a 'taking' under the Fifth Amendment -- as well as implications for the state's power of taxation." You can access the petition for writ of certiorari at this link. "U.S. Justices Mull Easing Campaign Rules in Clinton Movie Case": Greg Stohr of Bloomberg News has this report. Posted at 05:42 PM by Howard Bashman "N.J. Supreme Court weighs attempts by towns to strictly control sex offenders": The Newark Star-Ledger has this news update. Posted at 03:40 PM by Howard Bashman "Abortion provider's trial opens in Kansas; Dr. George Tiller faces 19 misdemeanor counts of violating the Kansas law governing late-term procedures": This article appears today in The Los Angeles Times. And The Wichita Eagle reports today that "Physician says she didn't work full-time for George Tiller." Access the transcript of today's U.S. Supreme Court oral argument in Citizens United v. Federal Election Comm'n, No. 08-205: The Court has posted it at this link. Posted at 02:00 PM by Howard Bashman "Court hears arguments over anti-Hillary movie": Jesse J. Holland of The Associated Press has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Campaign films may get OK." Access online today's U.S. Supreme Court opinion in an argued case: The Court today issued its ruling in Knowles v. Mirzayance, No. 07-1315. Justice Clarence Thomas delivered the opinion of the Court. The Chief Justice and Justices John Paul Stevens, Anthony M. Kennedy, Stephen G. Breyer, and Samuel A. Alito, Jr. joined in all of Justice Thomas's opinion. And Justices Antonin Scalia, David H. Souter, and Ruth Bader Ginsburg joined in all of Justice Thomas's opinion except for Part II. You can access the ruling at this link, and you can access the oral argument transcript at this link. In early news coverage, The Associated Press has a report headlined "Court: No new trial for Calif. convicted killer." NBA star Allen Iverson loses D.C. Circuit appeal as that court affirms judgment against Iverson for negligent supervision of his bodyguards in nightclub brawl: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Update: In news coverage, The Associated Press reports that "Appeals court upholds verdict against Iverson." "'Hillary: The Movie' Opens At The Supreme Court." 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 "Justices hear case on sex offenders; Housing restriction brings challenges": The Newark (N.J.) Star-Ledger contains this article today. Posted at 08:42 AM by Howard Bashman "'Hillary: The Movie' case spurs free speech debate." This article appears today in The Washington Times. And today's edition of The New York Times contains an editorial entitled "Corporate Money and Campaigns." "Challenge to Landmark Law Worries Preservationists": The New York Times contains this article today about a case pending before the Supreme Court of Illinois. Posted at 08:30 AM by Howard Bashman "Exxon Valdez oil-spill recovery still is work in progress, 20 years later": This article appears today in The Seattle Times, along with articles headlined "One pod of whales recovers after the Exxon Valdez oil spill, other near extinction" and "Some oil that remains from the Exxon Valdez still as fresh as in '89." MSNBC.com reports that "Oil plagues Sound 20 years after Exxon Valdez; Future risk assessments must look at longer impacts, recovery council says." Bloomberg News reports that "Exxon Valdez Ghost Lives On With Spill-Prone Ships." And today in The Boston Globe, Christopher Reddy has an op-ed entitled "Let's not forget Exxon Valdez." "High court rejects evolution suit against Cal": The San Francisco Chronicle contains this article today. Posted at 08:17 AM by Howard Bashman "Same-sex marriage bills gain in N.E.; Vt. Senate passes plan; votes set in N.H., Maine": This article appears today in The Boston Globe. Posted at 08:15 AM by Howard Bashman "Ex-border agents' bid for appeal fails": The Houston Chronicle today contains an article that begins, "The U.S. Supreme Court refused on Monday to hear an appeal from two former Border Patrol agents convicted of shooting a fleeing drug smuggler and trying to cover it up." And last Saturday, The El Paso Times reported that "Ex-agent Ignacio Ramos celebrates freedom, plans future." "Al-Marri pleads not guilty to terror charges": This article appears today in The Peoria Journal Star. The Chicago Tribune reports today that "Peoria man pleads not guilty in terror case." In The New York Times, John Schwartz reports that "Accused Qaeda Sleeper Agent in Court." And The Associated Press reports that "Former 'enemy combatant' pleads not guilty in Ill." The web site of the U.S. District Court for the Central District of Illinois provides access to the docket entries in the case at this link. Monday, March 23, 2009 "Was 'Hillary: The Movie' wrongly censored?; The Supreme Court hears a case Tuesday about rules governing campaign advocacy and finance." Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 11:30 PM by Howard Bashman "Rep. Frank calls Scalia a 'homophobe' in interview": The Associated Press has this report. Posted at 11:27 PM by Howard Bashman "Strip-Search of a Girl Is to Test Limit of School Policy": Adam Liptak will have this article Tuesday in The New York Times. Posted at 11:23 PM by Howard Bashman In the March 2009 issue of The Georgetown Law Journal: Jamal Greene has an article titled "Selling Originalism." Pierre Schlag has a provocative essay titled "Spam Jurisprudence, Air Law, and the Rank Anxiety of Nothing Happening (A Report on the State of the Art)." In the essay's very first footnote -- long before the essay's footnotes become entirely schizophrenic -- Schlag cites to Adam Liptak's pre-law school, 1985 "About Men" essay published in The New York Times under the headline "Playing Air Guitar." And among the several responses to Schlag's essay is one by Seventh Circuit Judge Richard A. Posner titled "The State of Legal Scholarship Today: A Comment on Schlag." "Lawyer: Chemical-weapon law misapplied in Pa. case." The Associated Press has this report on an appeal argued today before the U.S. Court of Appeals for the Third Circuit. Posted at 06:20 PM by Howard Bashman "Dean Koh to be Nominated as Legal Adviser of the U.S. Department of State": Yale Law School has today issued this news release. The New Haven Register has a news update headlined "Yale law dean headed for State Department." And The Yale Daily News has an update headlined "Koh named for State post." "SG Kagan Presented to Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 03:55 PM by Howard Bashman "No new grants; U.S. views sought": Lyle Denniston has this post at "SCOTUSblog" about the Order List that the U.S. Supreme Court issued today. And The Associated Press reports that "Court won't hear appeal by former Border Patrol." Rulings of note that the Supreme Court of Georgia issued today: Bill Rankin of The Atlanta Journal-Constitution has a news update headlined "Court revives Atlanta tax suit against online travel firms." And The Associated Press reports that "Ga. court revives Web hotel price scheme challenge." You can access the ruling at this link. Rankin also has a news update headlined "Court tosses out $5M verdict against DeKalb in student death; Family of Emory student had sued after he was killed doing community service." You can access the ruling at this link. Law professor blogger to marry commenter at aforementioned law professor blog: Congratulations to Ann Althouse! Only time will tell whether this will allow her husband-to-be to be jealous if she's spending too much time blogging once they are married. Posted at 03:33 PM by Howard Bashman "High court justices skeptical in case against Enron exec": The Houston Chronicle has this news update. And Mark Sherman of The Associated Press reports that "Court weighs double jeopardy for ex-Enron exec." You can access the transcript of today's U.S. Supreme Court oral argument in Yeager v. United States, No. 08-67, at this link. "Original Sin: Scalia Unplugged -- Supreme Court Justice Uses The Language Of Sin To Describe His Ideological Opponents." CBS News legal analyst Andrew Cohen has this new installment of his "CourtWatch" column. Posted at 03:20 PM by Howard Bashman  
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