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Thursday, May 7, 2009 "Supreme Court denies Demjanjuk's deportation plea": The Associated Press has this report. Posted at 04:00 PM by Howard Bashman "This case stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge." So writes Circuit Judge Diarmuid F. O'Scannlain, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in a ruling issued today in the case known as Barnes v. Yahoo!, Inc. According to today's decision, the plaintiff's lawsuit (access the plaintiff's complaint initiating suit at this link) alleged that her former boyfriend created a Yahoo! account through which the plaintiff herself appeared to be soliciting men with whom to have sexual relations and that the Yahoo! account "also included the addresses, real and electronic, and telephone number at [plaintiff's] place of employment." Thereafter, men whom the plaintiff did not know "were peppering her office with emails, phone calls, and personal visits, all in the expectation of sex." The trial court in November 2005 had issued a decision dismissing all of plaintiff's claims, holding that Yahoo! was immune from liability under the Communications Decency Act of 1996 even though plaintiff had alleged that Yahoo! "undertook to remove from its website material harmful to the plaintiff but failed to do so." Today's ruling holds that plaintiff's complaint can be understood to allege a claim for promissory estoppel and that the Communications Decency Act would not necessarily preclude that claim. Additional coverage of the trial court's ruling in this case can be accessed via Citizen Media Law Project, "Internet Library of Law and Court Decisions," and law professor Eric Goldman's "Technology & Marketing Law Blog." In today's mail: A copy of the new book "A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court," edited by Timothy R. Johnson and Jerry Goldman. Audio clips featured in the book can be accessed via this link. Posted at 03:14 PM by Howard Bashman "To Replace Low-Key Souter, Obama May Go Bolder": Adam Liptak will have this article Friday in The New York Times. The Economist has posted online an article headlined "Following Souter: Barack Obama has a chance to rejuvenate the Supreme Court's liberal wing." Politico.com has articles headlined "Sessions open minded on gay justice" and "Hatch: Sotomayor has 'a problem.'" NationalJournal.com has an item headlined "Sessions Says He's Looking For Judicial Restraint; New Ranking Member On Senate Judiciary Panel Describes What He's Seeking In A Supreme Court Nominee." And The Nation has posted online an editorial entitled "Following Souter." "Supreme Court Justice Alito visits Juneau": This article appears today in The Juneau Empire. Posted at 02:30 PM by Howard Bashman "The Case for Empathy: Why a much-maligned value is a crucial qualification for the Supreme Court." Law professor Douglas W. Kmiec has this essay at the web site of America, the national Catholic weekly. Posted at 02:27 PM by Howard Bashman "N.J. bars can't be liable for drunk drivers if they didn't serve them alcohol, top court rules": The Newark (N.J.) Star-Ledger has a news update that begins, "New Jersey bar owners can't be sued for allowing customers to drive away drunk -- if they weren't the ones who served them alcohol -- the state Supreme Court unanimously ruled today." You can access today's ruling of the Supreme Court of New Jersey at this link. "N.J. Supreme Court invalidates restrictions on where sex offenders can live": The Newark (N.J.) Star-Ledger has a news update that begins, "Towns can't make their own laws to decide where sex offenders can live within their borders because Megan's Law already makes that call, the state Supreme Court said today." The Philadelphia Inquirer has a news update headlined "N.J. high court strikes down sex offender residency restrictions." And The Associated Press reports that "NJ court strikes down sex offender residency limit." You can access today's ruling of the Supreme Court of New Jersey at this link. "Judge takes step to air his views; UNLV fellow, Bush memo author seeks to meet Titus": Today's edition of The Las Vegas Sun contains an article that begins, "As criticism of federal appellate court Judge Jay Bybee mounts for authorizing harsh interrogation techniques as a Bush administration lawyer, the Nevada jurist has reached out to members of the state's congressional delegation, apparently to tell his side of the story." The Washington Post today contains an article headlined "Experts Say Authors Of Memos May Avoid Professional Sanctions." The Associated Press reports that "Bush attorneys who wrote terror memo face backlash." The Daily Universe of Brigham Young University reports that "BYU alum ensnared in torture controversy." The New York Times contains an editorial entitled "The Torture Debate: The Lawyers." The New York Daily News contains an editorial entitled "Case closed: Justice Department should bar prosecutions over Bush torture memos." And at her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post titled "Tortured Timing." "A Deep Bench": Today in The New York Times, Senior U.S. District Judge Ann Aldrich (N.D. Ohio), along with her judicial law clerks, Alex Frondorf and Richard J. Hawkins, have an op-ed that begins, "To succeed Justice David Souter on the Supreme Court, President Obama should select a nominee with experience that no other sitting justice has -- service as a trial judge on a federal district court." Posted at 10:55 AM by Howard Bashman "Supreme Court vetting moving quickly": Bill Mears of CNN.com has this report. That web site also has an essay by law professor Timothy P. O'Neill entitled "Enough Ivy League judges on top court." Bloomberg News reports that "Obama Court Decision Shaped by Years, Wife's Advice." The Pioneer Press of St. Paul, Minnesota contains an article headlined "Klobuchar for Supreme Court? Thanks, but ...; 'Minnesota deserves at least one senator,' she says of the speculation." The Des Moines Register reports today that "Grassley says Obama's high court pick could face rough road." The Mobile (Ala.) Press-Register today contains an editorial entitled "Sessions will probe Obama's nominees." Online at The Guardian (UK), law professor Jack Balkin has an essay entitled "Supreme court justices have it too good: Life on the US supreme court has become too comfortable; Judges should hear more cases and be replaced regularly." At "The Daily Beast," law professor Paul Campos has an essay entitled "Fat Judges Need Not Apply" (via "Too Fat for the Supreme Court?" at "Latina"). "Patrick to appeal ruling on police, firefighter exams; Fights suit saying tests are biased": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "Governor Deval Patrick, who once headed the Civil Rights Division of the US Justice Department, plans to appeal a federal court ruling that allows minority police officers to pursue a civil rights lawsuit challenging the state's promotional exam." Posted at 08:32 AM by Howard Bashman "Is Guantanamo Republicans' winning issue?" Alex Isenstadt has this article online at Politico.com. Posted at 08:20 AM by Howard Bashman In the April 2009 issue of the Stanford Law Review: Rachel C. Lee has an interesting note titled "Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era." Posted at 08:02 AM by Howard Bashman Wednesday, May 6, 2009 "Supreme Court watchers eye Sonia Sotomayor; The court will gain another woman and its first Latino if she's appointed; But Obama has yet to suggest that the choice must be a specific gender or minority": James Oliphant and David G. Savage will have this article Thursday in The Los Angeles Times. Today in that newspaper, columnist Tim Rutten has an op-ed entitled "Obama should look far and wide for his Supreme Court nominee; Some of the best jurists of the last century weren't veterans of the federal judiciary -- a couple weren't even sitting judges." This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "For Sen. Jeff Sessions, Appointment Is Vindication" (RealPlayer required). Thursday's edition of The Wall Street Journal will contain an op-ed by Karl Rove entitled "Republicans and Obama's Court Nominees: Senators can use the hearings to talk about judicial restraint." Today in The Washington Post, columnist Ruth Marcus has an op-ed entitled "Behind Justice's Blindfold." And in Thursday's edition of The Providence (R.I.) Journal, columnist Edward Fitzpatrick will have an op-ed entitled "As always, Souter makes his own path." "Guantanamo Bay Shows Little Sign Of Closing": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:33 PM by Howard Bashman "N.Y. Federal Judge Likely on Shortlist; Backers Say She Meets Obama Requisites": Thursday's edition of The Washington Post will contain an article that begins, "George M. Pavia remembers being instantly impressed with the young woman he hired for his law firm in 1984. Sonia Sotomayor had graduated summa cum laude at Princeton, edited the Yale Law Journal in law school and had courtroom experience in the Manhattan prosecutor's office." Posted at 08:54 PM by Howard Bashman "Dismissal of Guilty Pleas Is Sought for Immigrants": The New York Times today contains an article that begins, "The immigration lawyers' national bar association called on the Justice Department on Tuesday to consider dismissing the guilty pleas of nearly 300 illegal immigrant workers arrested in a meatpacking plant raid in Iowa last year, one day after the Supreme Court rejected a statute that prosecutors used to pressure them." That newspaper also contains a related editorial entitled "Making the Punishment Fit the Crime." "Scalia: Judges' decisions should set general rules." This article appears today in The Times-Picayune of New Orleans. Posted at 08:00 PM by Howard Bashman "Document: Judge sets May 27 war court hearing." Carol Rosenberg of The Miami Herald has a news update that begins, "The chief judge for the Pentagon's military commissions has scheduled the next war court hearing at Guantánamo Bay for late May, according to a document obtained by The Miami Herald." Posted at 07:52 PM by Howard Bashman "For Specter and the Democrats, it was a brief honeymoon; The Pennsylvania senator has been stripped of his seniority, at least until 2011, and he hasn't exactly voted in lock step with Democrats": Gail Russell Chaddock of The Christian Science Monitor has this report. And CNN.com has a report headlined "Specter: Democratic leader promised me seniority." "Specter plays down loss of committee seniority": The Associated Press has this report. Politico.com has a report headlined "Meltdown: Specter stands alone." And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Leahy Says He Didn't Know About Specter Demotion." "Demjanjuk asks deportation delay": Lyle Denniston has this post at "SCOTUSblog." And The Associated Press has a report headlined "Demjanjuk asks high court: Stop German deportation." "Justice O'Connor's Salute to Souter": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 05:22 PM by Howard Bashman "Morning Joe airs Letterman skit ridiculing Sotomayor, Latinos": Click here to view the video clip, via Media Matters for America. Posted at 04:20 PM by Howard Bashman "Top Republican inclined against Scotus filibuster": The Associated Press has a report that begins, "The top Republican on the Senate Judiciary Committee says he's inclined against using a filibuster to block President Barack Obama's nominee to succeed retiring Supreme Court Justice David Souter." Posted at 03:14 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Berlin court rejects Demjanjuk appeal" and "Demjanjuk to ask Supreme Court to stop deportation." Posted at 10:37 AM by Howard Bashman "Prison Awaiting Hostile Bloggers": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "Proposed congressional legislation would demand up to two years in prison for those whose electronic speech is meant to 'coerce, intimidate, harass, or cause substantial emotional distress to a person.'" Posted at 10:32 AM by Howard Bashman "Ginsburg: The court needs another woman; Panel's lack of diversity wears on female justice." Joan Biskupic has this front page article today in USA Today. Posted at 10:30 AM by Howard Bashman "Small, Seasoned Group Helps Obama Manage Supreme Court Selection": The Washington Post contains this article today. In addition, columnist Ruth Marcus has an op-ed entitled "Behind Justice's Blindfold." Today in The Los Angeles Times, David G. Savage reports that "Justice Souter reflects on service; Days after news of his pending retirement from the Supreme Court is leaked, he speaks with emotion as he likens his work as a judge to craftsmanship." Joan Biskupic of USA Today has an article headlined "Souter emotional, wry in 'a sort of farewell.'" The Philadelphia Inquirer reports that "Justice Souter says goodbye to colleagues." And today in The New York Daily News, columnist Dolores Prida has an essay entitled "Here comes 'La Jueza.'" "National Mock Trial Competition Encounters a Real Legal Challenge": This article appears today in The New York Times. Posted at 08:20 AM by Howard Bashman "U. law professor resigns from federal appeals court; He is leaving to teach at Stanford Law School": Today in The Salt Lake Tribune, Pamela Manson has an article that begins, "Judge Michael W. McConnell's resignation from the 10th U.S. Circuit Court of Appeals on Tuesday was a surprise to many, but his love of teaching is not." The Deseret News reports today that "Utah judge leaving for Stanford post." And The Tulsa World reports that "McConnell to resign from Tenth Circuit court." Additional coverage appears in this post from last night. Tuesday, May 5, 2009 Available online from law.com: Marcia Coyle has an article headlined "A Not-So-Quiet Legacy for the 'Stealth Justice': Souter made his mark in 1992 as one of three Republican appointees who upheld abortion rights." And Shannon P. Duffy has an article headlined "Amid Some Tears, Souter Bids Adieu to 3rd Circuit; Throughout his high court tenure, Souter has served as the 'circuit justice' for the 3rd Circuit, handling emergency motions from the appeals court." "Justices Limit Liability Over Toxic Spill Cases": Adam Liptak has this article today in The New York Times. And Michael Doyle of McClatchy Newspapers reports that "Supreme Court lets Shell off the hook in pollution cleanup." "Justices Limit Use of Identity Theft Law in Immigration Cases": Adam Liptak and Julia Preston have this article today in The New York Times. And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Rules For Immigrant In ID Theft Case" (RealPlayer required). "An Unnatural Woman: The secret life of a Supreme Court short-lister." Dahlia Lithwick and Hanna Rosin have this jurisprudence essay online at Slate. Posted at 11:28 PM by Howard Bashman "Justices Agree to Take Up Sentencing for Young Offenders": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "High Court to Look at Life Sentences for Juveniles." Warren Richey of The Christian Science Monitor has an article headlined "Life in prison for criminal teens? Supreme Court to decide; Two Florida teens were given life sentences without parole for nonlethal crimes; The top court will consider if the punishments are constitutional." And at "SCOTUSblog," Lyle Denniston has a post titled "Why two juvenile sentence cases?" McClatchy Newspapers are reporting: Michael Doyle has an article headlined "Obama's challenge: Selecting a truly diverse justice." And David Lightman reports that "Sessions, once spurned for bench, to grill Obama's pick." "On the Brilliance of People like Judge Sonia Sotomayor and Barack Obama": Rob Kar has this post at "PrawfsBlawg." Posted at 10:45 PM by Howard Bashman "Begich recommends Alaska judge get consideration for U.S. Supreme Court": The Associated Press has a report that begins, "U.S. Sen. Mark Begich has recommended the chief justice of the Alaska Supreme Court be considered to succeed Justice David Souter on the nation's highest court." Posted at 10:30 PM by Howard Bashman "Senate Democrats Deny Specter Committee Seniority": Paul Kane of The Washington Post has this blog post. And The New York Times has a blog post titled "The Keystone State's Most Junior-Senior Senator." "Circuit Court Judge and Constitutional Law Scholar Michael W. McConnell Joins Stanford Law School Faculty": Stanford Law School late today issued a news release that begins, "Stanford Law School today announced the appointment of Michael W. McConnell, a federal judge on the United States Court of Appeals for the Tenth Circuit and well-known constitutional law scholar, as Richard and Frances Mallery Professor of Law. McConnell will step down from his role on the bench to rejoin the legal academy and direct the Stanford Constitutional Law Center." And the U.S. Court of Appeals for the Tenth Circuit has posted at its web site a document described as "McConnell Resignation Media Release" consisting of a news release and the judge's letter of resignation to President Obama. You can access Judge McConnell's Federal Judicial Center biography at this link. In early coverage, The Salt Lake Tribune has a news update headlined "U. law professor resigns from federal appeals court." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Judge Michael McConnell Leaving the Bench." "Scalise urges quick action on Porteous impeachment probe": Bruce Alpert of The Times-Picayune of New Orleans has this report. And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Louisiana Congressman Wants Swift Inquiry of Judge." "Charges Seen as Unlikely for Lawyers Over Interrogations": The New York Times has a news update that begins, "An internal Justice Department inquiry into the conduct of Bush administration lawyers who wrote secret memorandums authorizing brutal interrogations has concluded that the authors committed serious lapses of judgment but should not be criminally prosecuted, according to government officials briefed on a draft of the findings." Posted at 05:09 PM by Howard Bashman "Souter Bids a Fond Farewell": Robert Barnes of The Washington Post has this blog post. Posted at 05:04 PM by Howard Bashman "Stocks could pose conflicts for court prospects": In this article, The Associated Press examines the stock holdings of various potential U.S. Supreme Court nominees. Posted at 04:52 PM by Howard Bashman "Supreme Court Justice gives keynote address at La. Bar Association conference": The Associated Press has a report that begins, "No stranger to sharply worded dissenting opinions, U.S. Supreme Court Justice Antonin Scalia says he has never sided with the court's majority for the sake of collegiality or to avoid making a 'spectacle' of himself." Posted at 04:48 PM by Howard Bashman "Souter bids fond farewell to his judges": Mark Sherman of The Associated Press has a report that begins, "An emotional Supreme Court Justice David Souter bid a fond farewell Tuesday to judges and lawyers he has worked with for nearly two decades." Posted at 03:40 PM by Howard Bashman What's up with "SCOTUSblog"? "SCOTUSblog" has been off-line thus far today, and some readers have emailed me asking if I could put up a post addressing that situation. I emailed Tom Goldstein, who advises that "our blog host crashed yesterday, and they say it will be back up this afternoon." So stay tuned for the promised return of "SCOTUSblog" sometime later today. Posted at 02:59 PM by Howard Bashman "White House: No Supreme Court nominee this week." The Associated Press has this report, along with an article headlined "Reid: No filibuster expected on Obama Supco choice." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Souter's Timing: Was it Age or Politics?" "Former Bush Officials Work to Soften Report on Interrogations": The Washington Post has a news update that begins, "Former Bush administration officials are launching a behind-the-scenes lobbying campaign to urge Justice Department leaders to soften an ethics report criticizing lawyers who blessed harsh detainee interrogation tactics, according to two sources familiar with the efforts." Posted at 02:50 PM by Howard Bashman "Hatch Says Obama Told Him He Won't Pick 'Extremist' for Court": James Rowley and Brian Faler of Bloomberg News have this report. The Associated Press reports that "Reid hopes Obama makes unconventional Supco choice." At Politico.com, Josh Gerstein reports that "Groups push for first gay Supreme Court justice." And Manu Raju and Jonathan Martin have an article headlined "Orrin Hatch: White House may announce Supreme Court nominee this week." At CQ Politics, Keith Perine and Seth Stern have an article headlined "Obama Urged to Look Beyond Federal Appeals Courts in Replacing Souter." Today's edition of The Minneapolis Star Tribune reports that "A Sen. Franken could sway court pick." The Macon Telegraph reports today that "Erick Erickson sends vulgar message about Souter." In The Boston Globe, columnist Derrick Z. Jackson has an op-ed entitled "I was wrong about Justice Souter." In The Philadelphia Inquirer, law professor Lisa T. McElroy has an op-ed entitled "In going his own way, Souter expanded rights; He should be replaced by another independent judge." At National Journal's "Hotline on Call" blog, Jennifer Skalka has a post titled "A Note From Souter." And online at The Atlantic Monthly, Jeannette Lee has a blog post titled "Justice Souter's Dream." "Democrats Seek More Interrogation Documents": The Washington Post contains this article today. CNN.com reports that "Deadline for Bush lawyers to respond to probe passes." At "TPMMuckraker," Zachary Roth has a post titled "Congress Seeking Zelikow's 'Alternative' Torture Memo." And at The Huffington Post, Nan Aron has an essay entitled "Should Torture Memo Author Be Accountable?" "G.O.P. Picks Conservative for Senate Judiciary Post": This article appears today in The New York Times. Today in The Chicago Tribune, James Oliphant has an article headlined "GOP on Judiciary Committe: Conservative Sessions to replace moderate Specter as Republican leader on panel." The Des Moines Register reports that "Plan shuffles Grassley's roles on committees." The Associated Press reports that "Conservative to lead GOP fight on court nomination." CQ Politics reports that "Sessions Brings Conservative Cred to Top Judiciary Slot." Politico.com reports that "Sessions to replace Specter on Judiciary." And The Hill reports that "Deal struck on Judiciary" and "Sessions seeks fair treatment of court pick." "Chief Justice Roberts Addresses 3rd Circuit Judicial Conference": At "The Legal Intelligencer Blog," Shannon P. Duffy has a post that begins, "As lawyers and their spouses streamed out of the Hyatt Regency grand ballroom on Monday night, the overheard on-the-spot reviews of the keynote speech by Chief Justice John G. Roberts Jr. were decidedly mixed." Posted at 08:17 AM by Howard Bashman "The court and New Haven firefighters: The Supreme Court is weighing a case involving diversity; a narrow reading of the law is probably best." The Los Angeles Times contains this editorial today. Posted at 08:14 AM by Howard Bashman Monday, May 4, 2009 "Souter's Successor Will Likely Be A Woman": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 10:52 PM by Howard Bashman "Sessions Takes Specter's Judiciary Post; Senator Will Lead GOP's Scrutiny Of Next Justice": This article will appear Tuesday in The Washington Post. And The Birmingham News has an update headlined "Deal struck to make Sen. Jeff Sessions ranking Republican on Senate Judiciary Committee." "Future Dangerousness: The tricky sex offender case that could trip up one of the judges on the short list to replace Souter." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 10:14 PM by Howard Bashman Tony Mauro is reporting at "The BLT: The Blog of Legal Times." This afternoon, he has posts titled "No Retirement Press Conference for Souter" and "SG Kagan Pays Tribute to Justice Souter." The first of those two posts concludes, "When he joined the Court in 1990, Souter attended the traditional press room reception that the Supreme Court press corps has held for incoming justices. As the event wound down, Souter turned to the journalists as he was about to leave and said (paraphrasing here,) 'This was fun. Let's do it again when I retire.'" Apparently he was just kidding. "The Next Justice: No More Mr. White Guys." Christopher Eisgruber has this essay online at NPR.org. Posted at 03:00 PM by Howard Bashman Is Second Circuit Judge Sonia Sotomayor particularly annoying at oral argument? Law professor Jeffrey Rosen suggests the answer may be "yes" in this essay posted online today at The New Republic. You can hear her in action at oral argument via C-SPAN by clicking here. My recollection is that at some point during this en banc oral argument, at least one and perhaps several of Judge Sotomayor's colleagues seem to lose patience with her questioning and interruptions of their lines of questioning, although the amount of aggravation that Judge Sotomayor was causing was probably increased by the fact that she was participating in the oral argument from a remote location via videoconference. At the "Concurring Opinions" blog, Gerard Magliocca has a post titled "The Case for Sotomayor" responding to Rosen's essay. One appellate geek's reaction to news of Justice David H. Souter's impending retirement: "The First Circuit and the Third Circuit will each need a new Circuit Justice." The current assignment list can be accessed here. My guess is that Justice Stephen G. Breyer, who was serving as the First Circuit's chief judge when he was nominated to the U.S. Supreme Court, will become Circuit Justice for the First Circuit. I also am guessing that Justice Samuel A. Alito, Jr., who was next in line to serve as the Third Circuit's chief judge when he was nominated to the U.S. Supreme Court, will become Circuit Justice for the Third Circuit. Whether Justice Souter's replacement will thus get to serve as Circuit Justice for both the Eighth and Tenth Circuits remains to be seen. David G. Savage of The Los Angeles Times is reporting: He has news updates headlined "Supreme Court rules against government in immigration identity-theft case; In a 9-0 decision, the justices say the crime is limited to those who knew they had stolen another person's Social Security number; The decision limits efforts to prosecute illegal workers" and "Supreme Court: Take another look at Janet Jackson wardrobe malfunction; The high court sets aside an appeals court ruling. So, CBS may once again face a $550,000 fine for the flash image of the singer's breast during the 2004 Super Bowl." Greg Stohr of Bloomberg News is reporting: He has articles headlined "Life Sentences on Youths Draw U.S. High Court Review"; "Companies Win at U.S. Supreme Court on Cleanup Costs"; "Court Told to Revisit Fine of CBS for Jackson Breast Exposure"; and "New York Suits Over Cigarette Sales Get U.S. High Court Review." Posted at 02:17 PM by Howard Bashman James Vicini of Reuters is reporting: He has articles headlined "Supreme Court to consider life in prison for juveniles"; "U.S. government loses immigrant identity-theft case"; and "More court review set for 2004 Janet Jackson flash." Posted at 02:12 PM by Howard Bashman "Obama calls senators about high court pick": The Associated Press has this report. Posted at 02:10 PM by Howard Bashman Available from Politico.com: Josh Gerstein reports that "Obama's search for 'empathy' shapes Supreme Court replacement debate." And Mike Allen reports that "Obama urged to look beyond courts when replacing Souter." "Kagan: Just call her 'The General'; The first female solicitor general talks about the high court and her new role." Tony Mauro has this article in the current issue of The National Law Journal. Mauro's interview with the Solicitor General occurred before Justice David H. Souter's intention to retire from the U.S. Supreme Court became public. Posted at 10:48 AM by Howard Bashman Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "Obama's Chance To Fill Supreme Court Slot." And yesterday's broadcast of "Weekend Edition Sunday" contained an audio segment entitled "Souter's Retirement Is Obama's Opportunity" featuring Nina Totenberg. RealPlayer is required to launch these audio segments. Access today's opinions in argued cases and Order List of the U.S. Supreme Court: The Court today has issued four opinions in argued cases. 1. In Flores-Figueroa v. United States, No. 08-108, Justice Stephen G. Breyer delivered the opinion of the Court, in which the Chief Justice and Justices John Paul Stevens, Anthony M. Kennedy, David H. Souter, and Ruth Bader Ginsburg joined. Justice Anonin Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Clarence Thomas joined. And Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. You can access the ruling at this link and the oral argument transcript at this link. 2. In Carlsbad Technology, Inc. v. HIF Bio, Inc., No. 07-1437, Justice Thomas delivered the opinion for a unanimous Court. In addition, Justices Stevens, Scalia, and Breyer issued concurring opinions. Justice Souter joined in Justice Breyer's concurring opinion. You can access the ruling at this link and the oral argument transcript at this link. 3. In Arthur Andersen LLP v. Carlisle, No. 08-146, Justice Scalia delivered the opinion of the Court, in which Justices Kennedy, Thomas, Ginsburg, Breyer, and Alito joined. Justice Souter filed a dissenting opinion, in which the Chief Justice and Justice Stevens joined. You can access the ruling at this link and the oral argument transcript at this link. 4. And in Burlington N.&S.F.R. Co. v. United States, No. 07-1601, Justice Stevens delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Kennedy, Souter, Thomas, Breyer, and Alito joined. Justice Ginsburg issued a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link. You can access today's Order List at this link. The Court today granted review in four cases. In early news coverage, The Associated Press has articles headlined "Court rules for immigrant in ID theft case"; "Court will review life sentences for young"; "Court: Shell not at fault in cleanup"; and "High court throws out ruling on Janet Jackson." At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on long juvenile sentences." "The Case Against Sonia Sotomayor: Indictments of Obama's front-runner to replace Souter." Law professor Jeffrey Rosen has this essay online today at The New Republic. Posted at 08:50 AM by Howard Bashman "Specter Re-emphasizes Independence": The New York Times contains this article today. And The Philadelphia Inquirer reports today that "Specter says he jumped parties based on principle." "Obituary: Ralph J. Cappy / Retired Pennsylvania chief justice." This obituary appeared yesterday in The Pittsburgh Post-Gazette. And yesterday's edition of The Pittsburgh Tribune-Review contained an article headlined "Former state chief justice praised for service." "Same-sex marriages gradually gain legal ground; Even in states that don't allow gay marriage, court decisions on child custody, divorce and other issues are giving incremental rights to same-sex couples": Carol J. Williams has this article today in The Los Angeles Times. Posted at 08:37 AM by Howard Bashman "Doubting Discrimination: The troubling case of conservative skepticism over voting rights violations." This editorial appears today in The Washington Post. Posted at 08:35 AM by Howard Bashman "Detainee Compromises Likely; Marri Case Suggests That Interrogations Will Hinder Trials": The Washington Post contains this article today. Posted at 08:33 AM by Howard Bashman "Three Republicans in fight for state Supreme Court nod": This article appeared yesterday in The Pittsburgh Post-Gazette. Posted at 08:30 AM by Howard Bashman "The man who kept the Supreme Court functioning relinquishes his role": Last Friday's edition of The Newark (N.J.) Star-Ledger contained an article that begins, "Nobody has known more men and women at the top of New Jersey's modern judiciary than Stephen Townsend. He's rubbed elbows with seven of the eight Supreme Court chief justices since the state revamped its courts six decades ago. He could strike up a conversation with 24 of the 34 who wore the robes as associate justices. Townsend, who retires today after 31 years as Supreme Court clerk, was a behind-the-scenes force -- and the unofficial court historian -- at the Richard J. Hughes Justice complex overlooking the Delaware River in Trenton." Posted at 08:23 AM by Howard Bashman "Progressive Vision Likely in Next Jurist": Today in The Wall Street Journal, Jess Bravin will have an article that begins, "President Barack Obama is likely to seek a nominee for the Supreme Court who will not only defend the liberal jurisprudence that reshaped American society in the mid-20th century, but who may also aim to build a progressive legal vision for the century ahead." Today in USA Today, Joan Biskupic has a front page article headlined "For new president, the legal legacy begins here; Who will get the call? It may not be a judge." The newspaper also contains an article headlined "Obama's pick may face hurdles to the bench; Other players hold big stake in the process" and an editorial entitled "A retiring justice retires." The Associated Press has articles headlined "Senators to Obama: Look beyond the federal bench"; "Specter: Pick a statesman or stateswoman for court"; and "Hatch: Is Obama using 'code' for activist judge?" And The Boston Globe contains an editorial entitled "Law, Yankee style." "Governor supports abortion initiative; Voters, not lawmakers, would decide if doctors had to tell a parent of a girl younger than 18": This article appears today in The Anchorage Daily News. Posted at 08:03 AM by Howard Bashman "Townsfolk leery of holding Gitmo terrorism suspects; The anxiety of locals who live near the brig at Charleston, S.C., one possible place Guantanamo detainees may be sent, is typical of opposition nationwide": Carol Rosenberg had this article -- the first of a two-part series -- yesterday in The Miami Herald. Posted at 07:55 AM by Howard Bashman "Interrogation Debate Sharply Divided Bush White House": This article appears today in The New York Times. At the web site of New York magazine, law professor Jeffrey Rosen has an essay entitled "A Torturous Decision: Sure, Cheney and friends could be prosecuted for torture-related offenses; But could they be convicted?" And from Bloomberg News, columnist Albert R. Hunt has an essay entitled "'Dark Side' of War on Terrorism Must Be Exposed." Sunday, May 3, 2009 "Justice Souter: Liberal or conservative? In 1990, the jurist was nominated by a Republican president; In 1992, a ruling to preserve Roe vs. Wade changed everything." David G. Savage will have this article Monday in The Los Angeles Times. Monday's edition of The New York Times will contain an article headlined "A No-Frills Embrace for a Low-Key Justice." ABCNews.com has an article headlined "Diversity, Not Politics, Key to Court Pick; Replacing Liberal Souter, Obama Unlikely to Change Court Ideology." Greg Stohr and Tina Seeley of Bloomberg News report that "Obama May Seek Out Centrist to Replace Souter on Supreme Court." The Casper Star-Tribune reported yesterday that "Wyo native possible Supreme Court nominee." David Lightman of McClatchy Newspapers has an article headlined "Justice Souter to be replaced by October, Leahy vows." The Birmingham News reported yesterday that "Alabama Sen. Jeff Sessions pursuing top seat on Judiciary Committee." At the "Legal Beat" blog of CQ Politics, Seth Stern has a post titled "Recent History Suggests Confirmation Before August Recess." Yesterday's edition of The Boston Herald contained an article headlined "Will Deval Patrick chase the robe? Governor rumored for David Souter seat." Monday's edition of The Washington Times will contain an editorial entitled "Souter the extremist: Rumors of his moderation were exaggerated." And today in The Detroit Free Press, columnist Stephen Henderson has an op-ed entitled "David Souter, the last of his kind." "Fresh Questions About the CIA's Interrogation Tapes": Michael Isikoff and Mark Hosenball will have this article in the May 18, 2009 issue of Newsweek. Posted at 11:08 PM by Howard Bashman "The Montana Town That Wanted to Be Gitmo": Time magazine posted this article to its web site today. Posted at 11:05 PM by Howard Bashman "Empathy and Judicial Picks Rarely Mix on Capitol Hill": This article appears today in The Washington Post. In addition, Christina L. Boyd and Lee Epstein have an op-ed entitled "When Women Rule, It Makes a Difference." Yesterday's edition of The Boston Globe contained articles headlined "Obama may break with tradition for high court pick; Retirement of Souter opens opportunities"; "Souter surprised conservatives; Repeatedly sided with liberal wing"; and "Home is where his heart is; Souter eschews power for a small N.H. town." The New York Daily News reported yesterday that "Bronx judge Sonia Sotomayor would be first Latina on Supreme Court if she replaces Justice Souter." And McClatchy Newspapers have articles headlined "Obama likely to get nominee he wants for Supreme Court"; "Souter: A low-profile justice who frequently dissents"; and "Liberal or not, Souter's departure will remake court." "Lifting the Bush-era veil of secrecy: On US torture, we need to find out what happened -- and why." U.S. Senator Patrick J. Leahy (D-VT) has this op-ed today in The Boston Globe. Posted at 09:18 AM by Howard Bashman Saturday, May 2, 2009 "Quiet N.H. Home Is Where Souter's Heart Has Always Been": This article will appear Sunday in The Washington Post. Posted at 11:40 PM by Howard Bashman "As a Professor, a Pragmatist About the Supreme Court": Sunday's edition of The New York Times will contain an article that begins, "Many American presidents have been lawyers, but almost none have come to office with Barack Obama's knowledge of the Supreme Court." Linda Greenhouse will have a Week in Review article headlined "David H. Souter: Justice Unbound." And the newspaper will also contain an editorial entitled "Justice Souter Departs." Today's edition of The Wall Street Journal contains articles headlined "Obama to Seek a Justice Attuned to 'Daily Realities'; Many Liberals Floated as Possible Souter Successors, but Democrats Fear a Prolonged Battle That Could Stall Broader Agenda" and "A Case Study in Unforeseen Legal Views." The newspaper also contains an editorial entitled "Succeeding Souter: Will Obama send a left-wing Scalia to the High Court?" The Washington Post today contains an article headlined "Successor To Souter Anticipated By October; Obama Says New Judge Will Blend Respect for Constitution, 'Empathy'" and an editorial enttiled "More Souters: The qualities President Obama should seek in filling the shoes of a fine justice." And online at National Journal, Stuart Taylor Jr. has an essay entitled "12 Points To Consider In Replacing Souter." "Hearings for Nominee Will Reflect a Reversal": The New York Times on Sunday will contain an article that begins, "The tables will be turned as a Democratic Senate prepares to consider the Supreme Court nominee of a Democratic president for the first time in 15 years, reversing the control Republicans held over the last two appointments to the court." Posted at 05:14 PM by Howard Bashman Articles relating to the retirement of Justice David H. Souter that will appear in Monday's issue of The Daily Journal of California: Lawrence Hurley and Robert Iafolla will have a front page article headlined "Free Hand for Obama in Justice Pick; Souter's Departure Lets Obama Shape Supreme Court." And John Roemer will have an article headlined "9th Circuit Judge on List of Contenders to Replace Souter." "Former Chief Justice Cappy dies": The Pittsburgh Post-Gazette has this news update. And The Pittsburgh Tribune-Review has a news update headlined "Retired Supreme Court Justice Ralph J. Cappy has died." After leaving the Supreme Court of Pennsylvania, former Chief Justice Ralph J. Cappy joined the law firm of Buchanan Ingersoll & Rooney. His law firm bio can be accessed here. Jurisprudence essays available online at Slate: Dahlia Lithwick has an essay entitled "Justice Heartbreaker: David Souter leaves the court that left him behind." And law professor Kermit Roosevelt has an essay entitled "Justice Cincinnatus: David Souter--a dying breed, the Yankee Republican." "The Best Judges Obama Can't Pick": Sunday in The Washington Post, Benjamin Wittes will have an op-ed that begins, "What do Merrick Garland, David Tatel and Jose Cabranes have in common?" Posted at 01:23 PM by Howard Bashman "The Last Conservative: How Souter ended up disappointing conservatives by being ... conservative." Gordon Silverstein has this essay online at The New Republic. Posted at 01:15 PM by Howard Bashman "Obama calls 'empathy' key to Supreme Court pick; Interest groups are already lobbying for a woman, minority or solid liberal to succeed Justice David Souter; Obama says he puts empathy, intelligence and independence before ideology": This article appears today in The Los Angeles Times. Carol J. Williams has an article headlined "Key Souter cases on Supreme Court: The justice moved in a liberal direction over his 18-year tenure." The newspaper also contains an editorial entitled "Replacing Souter: Obama appears to be looking for real-world experience in a successor to the retiring justice." law.com's Tony Mauro reports that "Souter's Retirement Sets Stage for Nomination Fight." Mark Sherman of The Associated Press reports that "Obama pledges careful choice to replace Souter." And Politico.com has articles headlined "Obama vows his Supreme Court nominee will be in touch with challenges"; "New Justice may reignite abortion fight"; "Obama's Court pick: What he has to gain"; and "GOP gears up for Court fight." "California Supreme Court backs private school in bias case; By declining to review the case, the high court lets stand a lower court ruling that California Lutheran High School in Riverside County did not have to comply with a state anti-discrimination law": The Los Angeles Times contains this article today. And law.com reports that "Calif. Supreme Court Lets Stand School's 'Christian Conduct' Ban on Homosexuality." "Overusing 'state secrets privilege': An appeals court was right to rule for the plaintiffs in five 'extraordinary rendition' cases." This editorial appears today in The Los Angeles Times. Posted at 11:30 AM by Howard Bashman "Mark Levy's Battle for Success: Kilpatrick Stockton lawyer's death came amid career turmoil." law.com has this report. Posted at 11:07 AM by Howard Bashman "The Stealth Justice": Law professor Jeffrey Rosen has this op-ed today in The New York Times. Posted at 11:00 AM by Howard Bashman Friday, May 1, 2009 "Not the Justice Republicans Expected; Souter Surprised Observers by Leaning Left in Several High-Profile Decisions": Robert Barnes will have this article Saturday in The Washington Post. And Saturday's edition of The New York Times will contain an article headlined "Washington Prepares for Fight Over Any Nominee"; an article by Charlis Savage headlined "Women and Minorities Seen as a Focus of Search"; and a news analysis by Adam Liptak headlined "Varied Resume vs. Fitted Robe." Did the U.S. Congress, in enacting the Government Employee Rights Act of 1991, validly abrogate the Eleventh Amendment immunity of the States? The majority on an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit answers "yes" in a ruling issued today. Posted at 09:08 PM by Howard Bashman "Top justice sent racy video to colleagues; Myron Steele used state e-mail to share video with 38 male friends, lawyers": Yesterday's edition of The News Journal of Wilmington, Delaware contained an article that begins, "Delaware Supreme Court Chief Justice Myron T. Steele, the national face of Delaware's powerful and highly respected courts, used his state e-mail account Monday to send a sexually suggestive video to 38 men." And today's issue of that newspaper contains an editorial entitled "Chief Justice Steele made a mistake; now let's move on." Nina Totenberg of National Public Radio is reporting: On today's broadcast of "Morning Edition," she had an audio segment entitled "Justice Souter To Retire From Supreme Court." And on this evening's broadcast of "All Things Considered," she had an audio segment entitled "Impact Of Souter Retirement Examined." RealPlayer is required to launch these audio segments. Bashman news from Australia: Saturday's edition of The Toowoomba Chronicle reports that "Eight 'mongrels' bash man." Posted at 07:53 PM by Howard Bashman Bloomberg News is reporting: Greg Stohr has an article headlined "Souter Says He Will Retire From U.S. Supreme Court." And in other news, "Obama Says He'll Seek Independent Jurist for Court." James Vicini of Reuters is reporting: He has articles headlined "U.S. Justice Souter resigns" and "Obama's pick may not shift Supreme Court direction." Posted at 07:45 PM by Howard Bashman "Statements from the Supreme Court Regarding Justice David H. Souter's Retirement": The Public Information Office of the U.S. Supreme Court today issued this news release consisting of statements from Justice Souter's colleagues. Posted at 07:40 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Obama's high court choice could be Hispanic, woman"; "Souter hardly predictable in 19 years as justice"; "Souter gets big retirement bucks -- for frugal life"; "Analysis: Court opening may animate liberal causes"; and "Senate Republicans in flux for high-court hearings." "Alleged Nazi Demjanjuk cleared for deportation": The Associated Press has a report that begins, "A federal appeals court opened the way again Friday for the Justice Department to deport alleged Nazi death camp guard John Demjanjuk to Germany to face 29,000 counts of accessory to murder." And The Cleveland Plain Dealer has a news update headlined "Appellate court rejects John Demjanjuk's appeal to stop deportation." You can access today's order of the U.S. Court of Appeals for the Sixth Circuit at this link. "Justice David H. Souter has today sent the attached letter to the White House notifying President Barack Obama of his retirement from the Supreme Court effective when the Supreme Court rises for the summer recess this year." So states a news release that the Public Information Office of the U.S. Supreme Court issued this afternoon. Justice Souter's letter can be viewed at this link. Neil A. Lewis of The New York Times has a news update headlined "Women and Minorities Seen as a Focus of Search." Robert Barnes of The Washington Post has news updates headlined "Obama Announces Justice Souter Is Retiring" and "Replacement Speculation Begins." Linda Feldmann and Warren Richey of The Christian Science Monitor have an article headlined "In replacing Souter, how far left will Obama go? He'll face pressure from his liberal base in his pick for the Supreme Court." Michael Doyle of McClatchy Newspapers reports that "Souter tells White House that he'll retire from Supreme Court." The Los Angeles Times has a news update headlined "Obama mum on first Supreme Court appointment; Justice David Souter's pending retirement sparks intense speculation; His replacement is unlikely to alter the court's ideological balance." The Associated Press reports that "Obama hopes to replace Justice Souter by October"; "Justice Souter to leave 'best job' in 'worst city'"; and "Souter's home state glad to have him back." CNN.com has reports headlined "Souter notifies White House of retirement plans"; "Conservatives prepare for Supreme battle"; and "Souter news sets off succession speculation." In addition, Jeffrey Toobin opines that "Obama likely to pick a woman for Souter seat." And at "SCOTUSblog," Lyle Denniston has a post titled "Souter announces retirement." "Souter Reportedly Planning to Retire From High Court; Justice Might Stay Until Nominee Confirmed": Robert Barnes has this article today in The Washington Post. Today in The Los Angeles Times, David G. Savage reports that "Souter to retire from Supreme Court; The liberal justice is expected to step down this summer; Some legal experts speculate that Obama will nominate a woman to fill Souter's spot on the high court." The New York Times reports that "Souter Said to Be Leaving Court in June." Jess Bravin and Evan Perez of The Wall Street Journal report that "Justice Souter to Retire From Court." law.com's Tony Mauro reports that "Souter Retirement Reports Stir Speculation on Obama Court Pick." And at "SCOTUSblog," Tom Goldstein has a post titled "Justice Souter's Retirement and Where We Go from Here." "Shock, Sadness Over Death of Kilpatrick Stockton's Mark Levy in Apparent Suicide; Supreme Court advocate was a former deputy assistant AG during the Clinton administration": law.com has this report. Posted at 06:08 AM by Howard Bashman Thursday, April 30, 2009 Programming note: Early Friday morning, I'll be traveling to Scranton, Pennsylvania for the oral argument of defendants' post-trial motion filed in a case that law.com previously reported on here. Counsel for the plaintiffs have asked me to assist them both in opposing that post-trial motion and in connection with any appeal that may follow. Posted at 11:10 PM by Howard Bashman "Al-Marri pleads guilty to conspiracy": The Peoria Journal Star has this news update. The Associated Press reports that "Former 'enemy combatant' pleads guilty in Illinois." And at "SCOTUSblog," Lyle Denniston has a post titled "Lingering issues for Al-Marri." BREAKING NEWS -- "Supreme Court Justice Souter To Retire": Nina Totenberg of National Public Radio has this written report. NBC News is reporting that "Souter to retire from Supreme Court; His retirement would give Obama his first chance to nominate a justice." CBS News reports that "Supreme Court Justice Souter To Retire; Centrist Justice Will Remain In Place Until A Successor Is Appointed." The Associated Press has an article headlined "Source: Justice Souter retiring." And Politico.com has an article headlined "Reports: Souter plans to retire." Update: Bill Mears of CNN.com has a profile headlined "Souter known as low-key, fierce defender of individual rights." The New York Times reports that "Souter Plans to Leave Supreme Court." And Michael Doyle of McClatchy Newspapers reports that "Souter tells White House that he'll retire from Supreme Court." "Laid-Off Md. Lawyer Who Argued Before High Court Kills Self": This article will appear Friday in The Washington Post. Posted at 10:14 PM by Howard Bashman "Does Souter's silence on hiring mean he's leaving?" Mark Sherman of The Associated Press has this report. Posted at 04:23 PM by Howard Bashman Available online from the First Amendment Center: Tony Mauro reports that "FCC's 'fleeting expletives' policy in place for now." And David L. Hudson Jr. has an essay entitled "'Concurring' justice again questions First Amendment precedent." "CAFC Vacates TTAB's 'MOSKOVSKAYA' Vodka Ruling, Clarifies 2(e)(3) Materiality Test": "The TTABlog" has this post today. My earlier coverage of yesterday's Federal Circuit ruling appears at this link. "Kilpatrick Stockton's Mark Levy Dead": This post appears at "The BLT: The Blog of Legal Times." And the ABA Journal's "Law News Now" blog has a post titled "Kilpatrick Stockton Lawyer Dead from Gunshot Wound." Attorney Mark I. Levy served on the Advisory Committee on the Federal Rules of Appellate Procedure, and from time to time he would send me an email passing along items of possible interest to me or other readers of "How Appealing." Although I did not know Levy very well, and had not heard from him recently, I offer my condolences to his family, friends, and colleagues. "Interrogation Results Prompt Scrutiny Of Methods": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:27 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Obama says waterboarding was torture" and "Obama favors changes to state secrets doctrine." Posted at 10:25 AM by Howard Bashman "Court lets private schools expel lesbians": Bob Egelko of The San Francisco Chronicle today has an article that begins, "The state Supreme Court left intact Wednesday a lower-court ruling that said a private religious high school wasn't covered by California civil rights law and could expel students it believed were lesbians." Posted at 10:23 AM by Howard Bashman "There Goes the Neighborhood: A Fight Over Defining 'Blight.'" Today in The Wall Street Journal, Nathan Koppel has an article that begins, "U.S. Supreme Court rulings on property law don't often serve as clarion calls to wide swaths of the population. But most rulings aren't Kelo v. City of New London." Posted at 10:18 AM by Howard Bashman "McDonald's loses trademark battle in Malaysia; Court says McCurry restaurant gets to keep its name": The Chicago Tribune today contains an article that begins, "When it comes to its famous trademarks, McDonald's Corp. is known for McFightin'. But it came up a loser Wednesday in Malaysia, where a court ruled that an Indian restaurant can keep the name McCurry. The case highlights a never-ending battle for big consumer-products companies: staving off alleged attempts to hijack their marquee brands." Bernama, the Malaysian national news agency, reports that "McDonald's Loses Exclusivity To Prefix 'Mc.'" The New Straits Times reports that "McCurry is not McDonalds." The Associated Press reports that "Malaysia Rules McDonald's Has No Monopoly on 'Mc.'" And Reuters reports that "McCurry beats McDonald's in lawsuit." "Attorneys weigh in on Bybee's torture memos; Opinion called OK, repugnant": This article appears today in The Las Vegas Review-Journal. And Las Vegas Weekly has posted online an article headlined "Memos on a scandal: Stuffing people in boxes? Facial slaps? Waterboarding? Former UNLV law professor Jay Bybee said none constituted torture while working for Bush." "Court orders county reassessment; Justices say taxation system is 'broken' and unconstitutional": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The Pennsylvania Supreme Court unanimously ruled yesterday that Allegheny County's property reassessment system is unconstitutional and unfair to property owners with lower values and said the county must reassess its property values." And The Pittsburgh Tribune-Review reports today that "Allegheny County ordered to reassess all properties by state Supreme Court." Yesterday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a concurring opinion. Wednesday, April 29, 2009 "Skepticism at the Court on Validity of Vote Law": Adam Liptak will have this article Thursday in The New York Times. Thursday in The Washington Post, Robert Barnes will have an article headlined "Court Reveals Customary Divide In Wrestling With Anti-Bias Law; Kennedy's Vote Will Be Key in Challenge to Voting Rights Act." Thursday in The Wall Street Journal, Jess Bravin will report that "Justices Debate Future of the 1965 Voting Rights Act." Online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "How Can Rights Feel So Wrong? The Supreme Court takes aim at the Voting Rights Act." And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Hears Voting Rights Argument" (RealPlayer required). "Supreme Court Upholds F.C.C.'s Shift to a Harder Line on Indecency on the Air": Adam Liptak has this article today in The New York Times. Today in The Los Angeles Times, David G. Savage reports that "Supreme Court upholds regulation of 'indecent' language on TV; In a 5-4 decision, the court rules the FCC has the authority to crack down on the 'foul-mouthed glitteratae from Hollywood'; The ruling allows huge fines for airing a single expletive." Robert Barnes of The Washington Post reports that "Supreme Court Rules that Government Can Fine for 'Fleeting Expletives.'" Joan Biskupic of USA Today reports that "Court backs 'fleeting expletives' ban; FCC policy stemmed from televised incidents." And law.com's Tony Mauro reports that "Divided High Court Upholds FCC Ban on 'Fleeting Expletives.'" "Justice Scalia Responds to Fordham Privacy Invasion!" This post appears today at "Above the Law." Posted at 08:40 PM by Howard Bashman "Koh faces scrutiny from Senate Republicans": The Yale Daily News has this report. And at the "Suits & Sentences" blog, Michael Doyle had this post covering yesterday's confirmation hearing. "Court rules against Peltier in documents case": The Associated Press has a report that begins, "Imprisoned American Indian activist Leonard Peltier has lost another round in court in his effort to compel the FBI to disclose about 10,500 pages of documents about his case." You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "Kennedy's Skepticism and Scalia's Odd Comment at Supreme Court Today": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 03:21 PM by Howard Bashman "Judge Who Signed Interrogation Memos Invited to Testify": The Washington Post has a news update that begins, "Senate Judiciary Chairman Patrick J. Leahy today invited federal judge Jay S. Bybee to testify about his role in preparing two Justice Department memos that allowed interrogators to engage in simulated drowning and slamming prisoners against a wall." The Deseret News has an update headlined "Bybee asked to testify on 'torture' memos." Carolyn Lochhead of The San Francisco Chronicle has a blog post titled "Bybee invited to testify." At the "Legal Beat" blog of CQ Politics, Keith Perine has a post titled "Leahy Invites Bybee To Testify on Torture Memos." "The Huffington Post" has an item titled "Leahy Calls On Bybee To Testify On Torture." And at "TPMMuckraker," Zachary Roth has a post titled "Leahy to Bybee: Why Not Give Us Your Side Of Torture Story?" You can view a copy of the letter that U.S. Senator Patrick J. Leahy (D-VT) sent today to Ninth Circuit Judge Jay S. Bybee by clicking here. The Senator's office has also issued a news release entitled "Leahy Invites Bybee To Testify Before Senate Judiciary Committee." "Voting Rights Act section that singles out South may be abolished; Supreme Court justices appear to be ready to strike down Section 5, which requires special election supervision for many Southern states": David G. Savage of The Los Angeles Times has this news update. Posted at 03:10 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument in Northwest Austin Municipal Util. Dist. No. One v. Holder, No. 08-322: The Court has posted the transcript at this link. Posted at 03:02 PM by Howard Bashman "[I]t may be that Russian speakers are a greater percentage of the vodka-consuming public": Must a vodka be from Moscow, Russia in order to be sold under the name "Moskovskaya" in the United States? A three-judge panel of the U.S. Court of Appeals for the Federal Circuit confronts that question in a ruling issued today. Today's ruling vacates a decision that the Trademark Trial and Appeal Board issued in February 2008. "The TTABlog" previously had this coverage of that decision. "Justices Consider Overturning Voting Rights Act Provision": C-SPAN has made the audio of today's U.S. Supreme Court oral argument available online, on-demand at this link. Posted at 02:18 PM by Howard Bashman "Voting rights case at high court Wednesday": Mark Sherman of The Associated Press has an updated report that begins, "The Supreme Court's conservative justices led a sustained attack Wednesday on a key element of the Voting Rights Act that calls for states with a history of discrimination to get advance approval of changes in the way elections are conducted." At "SCOTUSblog," Lyle Denniston has a post titled "Sec. 5: Searching for a way out." And at his "Election Law" blog, law professor Rick Hasen is live-blogging the audio broadcast of the oral argument. "Court Allows Civil Torture Case to Proceed": Charlie Savage has this article today in The New York Times. The Washington Post reports today that "Appeals Court Rejects 'State Secrets' Claim, Revives Detainee Suit." Bob Egelko of The San Francisco Chronicle reports that "Court rebuffs feds, reinstates torture suit." Howard Mintz of The San Jose Mercury News reports that "Ruling restores suit against San Jose company linked to 'torture flights.'" law.com reports that "State Secrets Immunity Claim Doesn't Fly With 9th Circuit in CIA Rendition Case." And at "SCOTUSblog," Lyle Denniston has a post titled "'State secrets' doctrine narrowed." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. Access today's rulings of the Supreme Court of the United States in argued cases: The Court has issued two rulings in argued cases today. 1. In Kansas v. Ventris, No. 07-1356, Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, David H. Souter, Clarence Thomas, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. Justice John Paul Stevens issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link. 2. And in Dean v. United States, No. 08-5274, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court, in which Justices Scalia, Kennedy, Souter, Thomas, Ginsburg, and Alito joined. Justices Stevens and Breyer each issued dissenting opinions. 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: Different shootings bring same penalty" and "Defendant loses case over jailhouse informants." "Justices to Hear Challenge to Anti-Bias Law; No States Subject to Voting Rights Act's Provision Oppose It": Robert Barnes has this article today in The Washington Post. McClatchy Newspapers report that "Supreme Court today hears Texas challenge to Voting Rights Act." At ABCNews.com, Ariane de Vogue has an article headlined "Landmark Civil Rights Law in Jeopardy? Court to Examine if Law is Archaic, or Necessary to Protect Minorities' Voting Rights." Mark Sherman of The Associated Press reports that "Voting rights case at high court Wednesday." On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Voting Rights Act Faces New Challenge" (RealPlayer required). The New York Times contains an editorial entitled "A Challenge to Voting Rights." In The Houston Chronicle, columnist Rick Casey has an op-ed entitled "Racist schemes called for Voting Rights Act." And at National Review Online, Hans A. von Spakovsky has an essay entitled "SCOTUS Showdown: The Voting Rights Act; Will the justices let America move on from the Jim Crow era?" "Official Defends Signing Interrogation Memos": Today in The New York Times, Neil A. Lewis has an article that begins, "Judge Jay S. Bybee broke his silence on Tuesday and defended the conclusions of legal memorandums he had signed as a Bush administration lawyer that allowed use of several coercive interrogation practices on suspected terrorists." The Times of London reports today that "Pressure grows to impeach Judge Jay Bybee over 'torture memos.'" "The Swamp" blog of The Chicago Tribune yesterday had a post titled "Liberals: Impeach 'torture memo' judge." And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "In Torture Memo Furor, Rizzo's Name Is At The Top" (RealPlayer required). Tuesday, April 28, 2009 "Torture Memo Author Not Seen As Ideologue": This audio segment (RealPlayer required) about Ninth Circuit Judge Jay S. Bybee appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 11:18 PM by Howard Bashman "Federal court restores torture flight lawsuit against San Jose company": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court today reinstated a lawsuit against a San Jose-based company accused of participating in the CIA's so-called 'torture flights,'' rejecting the Obama administration's argument that it would expose national security secrets." And The Associated Press reports that "Fed court revives rendition lawsuit against Boeing." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Business Downturn: As the market tumbles, so does the corporate pre-emption defense." David G. Savage will have this article in the May 2009 issue of ABA Journal magazine. Posted at 02:50 PM by Howard Bashman "Civil rights institute named for Korematsu": This article appears today in The San Francisco Chronicle. Posted at 02:45 PM by Howard Bashman "Supreme Court Rules that Government Can Fine for 'Fleeting Expletives'": Robert Barnes of The Washington Post has this news update. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds regulation of 'indecent' language on TV; In a 5-4 decision, the court rules the FCC has the authority to crack down on the 'foul-mouthed glitteratae from Hollywood'; The ruling allows huge fines on broadcasters for airing a single expletive." Jess Bravin and Amy Schatz of The Wall Street Journal have a news update headlined "Court Upholds FCC 'Fleeting Expletive' Rule." Greg Stohr of Bloomberg News reports that "FCC Ban on Expletives Revived by U.S. Supreme Court." James Vicini of Reuters reports that "U.S. top court upholds TV profanity crackdown." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "No Expletives, Fleeting or Otherwise, Uttered by Scalia." "Court hears case of state investigations of banks": Jesse J. Holland of The Associated Press has this report. And John Schwartz of The New York Times has a news update headlined "Justices Hear Arguments on Bank Regulation." Earlier, on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Court To Hear Case On Power To Investigate Banks" (RealPlayer required). "Top U.S. court backs Tennessee death row inmate": James Vicini of Reuters has this report. Posted at 12:30 PM by Howard Bashman "Sources: Sen. Specter intends to switch parties." The Associated Press has a report that begins, "Several officials say veteran Republican Sen. Arlen Specter of Pennsylvania intends to switch parties, advancing his own hopes of winning a new term next year while pushing Democrats one step closer to a 60-vote filibuster-resistant majority." Bloomberg News reports that "Senator Arlen Specter to Seek Re-Election as a Democrat." Reuters reports that "Sen. Specter changing to run as a Democrat." The "From The Source" blog of The Philadelphia Inquirer has a post titled "Arlen Specter to switch to Democratic party." "The Caucus" blog of The New York Times has a post titled "Specter To Switch Parties." And "The Fix" blog of The Washington Post has a post titled "Specter To Switch Parties." You can access the web site of U.S. Senator Arlen Specter (?-PA) at this link. "Is Crime Victims Rights Law Being Misused in Environmental Cases?" law.com has this report. Posted at 10:35 AM by Howard Bashman Access online today's opinions of the U.S. Supreme Court in argued cases: The Court today issued a 5-4 ruling in FCC v. Fox Television Stations, Inc., No. 07-582, also known as the "fleeting expletives" case. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice Thomas also issued a concurring opinion. Justice Kennedy also issued an opinion concurring in part and concurring in the judgment. Justices John Paul Stevens and Ruth Bader Ginsburg each issued dissenting opinions. And Justice Stephen G. Breyer issued a dissenting opinion in which Justices Stevens, David H. Souter, and Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link. This blog's earlier coverage of the oral argument can be accessed here and here. Today's second ruling issued in Cone v. Bell, No. 07-1114. Justice Stevens delivered the opinion of the Court, in which Justices Kennedy, Souter, Ginsburg, and Breyer joined. The Chief Justice issued an opinion concurring in the judgment. Justice Alito issued an opinion concurring in part and dissenting in part. And Justice Thomas issued a dissenting opinion, in which Justice Scalia 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 "Court partly upholds 'dirty words' ban." And in early news coverage, The Associated Press reports that "FCC 'fleeting expletives' policy in -- for now" and "Court rules for Tenn. death-row inmate." "'I pity the fool': Mr. T on jury duty; Star wows the crowd -- including defendant's family -- but is not chosen." This article appears today in The Chicago Sun-Times. Posted at 09:40 AM by Howard Bashman "Who attended 'torture' briefings? A GOP lawmaker wants to know; Rep. Peter Hoekstra seeks full disclosure about who on Capitol Hill knew about US interrogation methods -- a move that may put certain Democrats on the spot." Gail Russell Chaddock of The Christian Science Monitor has this report. Today's edition of The New York Times contains an article headlined "How '07 ABC Interview Tilted a Torture Debate." And today in The Wall Street Journal, columnist William McGurn has an op-ed entitled "Torture and the 'Truth Commission': Why has Congress failed to outlaw waterboarding?" "Judge in Asbestos Case Angrily Lectures Prosecutors": The New York Times contains this article today. The Missoulian reports today that "Charges against 1 defendant dropped in Grace trial." The Associated Press reports that "Judge slams govt case in Grace asbestos trial." And Bloomberg News reports that "W.R. Grace Asks Judge to Throw Out 'Political Prosecution.'" Additional coverage is available from the "Grace Case" blog. "A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry": This article appears today in The New York Times. Today's edition of The Kansas City Star contains an article headlined "Gay couples line up to wed in Iowa." The Des Moines Register contains articles headlined "Wedding-day wait ends for same-sex couples"; "Governor says opposition to amendment is consistent with pledge"; "Couples halted in '07 resume plans"; "Protesters are quiet in expressing views"; and "Day's events lead up to parties statewide." And in news from Connecticut, The Hartford Courant reports that "Phelps' Westboro Baptist Church To Protest Gay Marriage Law." "NRG Appeal in Electricity Case Gets U.S. Supreme Court Review": Greg Stohr of Bloomberg News has this report. Posted at 09:20 AM by Howard Bashman In today's edition of The Newark (N.J.) Star-Ledger: The newspaper contains articles headlined "State's new formula for funding schools goes to top court" and "Jersey City defends gun sale restrictions before top court." Posted at 09:15 AM by Howard Bashman "Liberals push Bybee impeachment": Josh Gerstein has this article at Politico.com. And today at Time magazine's web site, you can access a profile headlined "Jay Bybee: The Man Behind Waterboarding." "An 'Appropriate' Education -- A Supreme Court case highlights a question: Why deny D.C. children what special-needs students get?" The Washington Post contains this editorial today. Posted at 08:55 AM by Howard Bashman "In Ecuador, High Stakes in Case Against Chevron": This lengthy article appears today in The Washington Post. Posted at 08:54 AM by Howard Bashman "Issue of Execution and the Retarded Returns to Supreme Court": Adam Liptak has this article today in The New York Times. The Tribune Chronicle of Warren, Ohio reports today that "Capital case awaits ruling; Supreme Court decision could affect local man." And earlier, Sunday's edition of The Cincinnati Enquirer reported that "High court hears death case." "When Banks Discriminate": Today's edition of The New York Times contains an editorial that begins, "The Supreme Court hears arguments on Tuesday in a case that gives the justices a particularly timely chance to allow state officials to act when national banks break the law." Posted at 08:30 AM by Howard Bashman "On Voting Rights, Test of History v. Progress": Adam Liptak has this article today in The New York Times. Posted at 08:27 AM by Howard Bashman "High Court Ends Sanofi's Fight In Lovenox Case": This article appears today in The Wall Street Journal. And Greg Stohr and Susan Decker of Bloomberg News report that "Sanofi Rebuffed by U.S. High Court on Lovenox Patent." "How free is student speech?" David L. Hudson Jr. has this news analysis online at the First Amendment Center. Posted at 08:14 AM by Howard Bashman The Associated Press is reporting: Jesse J. Holland reports that "Court to hear case on power to investigate banks." And in other news, "Supreme Court takes up special education case." "Is It a Violation of Privacy Law to Reproduce a MySpace Posting in a Context Where the Very People It Targets Will See It? A California Court Says No, But Allows An Intentional Infliction of Emotional Distress Claim to Stand." Julie Hilden has this essay online at FindLaw. Posted at 08:05 AM by Howard Bashman "Thomas and Breyer Discuss Supreme Court Clerk Diversity at Budget Hearing": law.com's Tony Mauro has this report. Via C-SPAN, you can watch last Thursday's hearing by clicking here. Monday, April 27, 2009 "Houston lawyer defends contract; Critics say job in Pennsylvania is 'pay to play'": This article appears today in The Houston Chronicle. Posted at 10:58 PM by Howard Bashman "Justices Could Weigh Free Speech vs. License Plates": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times. Posted at 07:58 PM by Howard Bashman Media tycoon Conrad Black and his co-defendants file reply brief in support of their petition for writ of certiorari seeking U.S. Supreme Court review of the Seventh Circuit's affirmance of their federal criminal convictions: You can access the reply brief, filed today, by clicking here. Earlier this month, I had this post linking to the federal government's brief in opposition. Recent posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "Supreme Court Nixes Oral Argument on Police Interrogation Case." And David Ingram has a post titled "Supporters of OLC Nominee Push for Confirmation."  
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