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Archived: 06/05/2009 at 22:35:45
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Thursday, June 4, 2009 "Hidden Camera Case Turns on Expectation of Privacy in Workplace": law.com has this report. Posted at 10:57 PM by Howard Bashman Joel F. Dubina is now the Chief Judge of the U.S. Court of Appeals for the Eleventh Circuit: He became chief judge on June 1, 2009. Posted at 10:42 PM by Howard Bashman "Appellate judge asks Supreme Court to clarify privacy rights; The inquiry involves a U.S. 9th Circuit Court of Appeals ruling that the government cannot review financial, psychiatric and medical records of employees at JPL and other aerospace contractors": Carol J. Williams of The Los Angeles Times has this news update. And The Associated Press reports that "Full 9th Circuit declines to hear JPL privacy case." My coverage from earlier today appears at this link. "Gender and heritage a frequent topic for Sotomayor": The Associated Press has this report, along with an article headlined "Sotomayor dealt with media access, copyright issue." And at the "Legal Beat" blog of CQ Politics, Seth Stern has a post titled "Sotomayor Repeatedly Referenced 'Wise Woman' in Speeches." "Senate panel OKs Indiana judge": The Indianapolis Star has a news update that begins, "The Senate Judiciary Committee voted along party lines today to approve the nomination of Indiana Judge David Hamilton to serve on the U.S. Court of Appeals for the Seventh Circuit. Hamilton still must be confirmed by the full Senate." Posted at 10:15 PM by Howard Bashman "Teach to America: Can judicial confirmation hearings really be transformed into 'teachable moments'?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:12 PM by Howard Bashman "Sotomayor Favored for Top Court, Quinnipiac Poll Says": Bloomberg News has this report. Posted at 04:17 PM by Howard Bashman "Circuit Nominees, DOJ Nominee Head to Full Senate": This post appears at "The BLT: The Blog of Legal Times." Posted at 03:28 PM by Howard Bashman "The bipartisan questionnaire completed by Judge Sonia Sotomayor is now available online": So announces the web site of the Senate Judiciary Committee. You can access the completed questionnaire by clicking here. At Politico.com, Josh Gerstein reports that "Sotomayor questionnaire delivered." And Dow Jones Newswires report that "Sotomayor Has Net Worth Of $740,000, According To Disclosure." Claiming not to have received notice of an appealable order as an excuse for an untimely appeal in the era of CM/ECF: The U.S. Court of Appeals for the Eighth Circuit issued this ruling today. Because the Eighth Circuit itself now uses CM/ECF, one hopes that today's decision comes to the attention of the losing party. "White House delivers Sotomayor files to Senate": The Associated Press has this report. Posted at 02:47 PM by Howard Bashman Over three published dissents, en banc Ninth Circuit denies review of three-judge panel's ruling that granted a preliminary injunction against NASA's requirement that "low risk" contract employees submit to in-depth background investigations: You can access today's order denying rehearing en banc at this link. The appellate court today also issued an opinion concurring in the denial of rehearing en banc and three dissenting opinions (here, here, and here). Chief Judge Alex Kozinski's dissent from the denial of rehearing en banc is interesting not just because it is typically well-reasoned and well-written, but also because he not too long ago personally experienced the publication of some material that he mistakenly thought was private. My earlier coverage of the original three-judge panel's ruling can be accessed here and here. Opponents of the NASA background investigation requirement have created this web site devoted to the case. Wednesday, June 3, 2009 "2nd Circuit Judge Calabresi on Former Student and Current Colleague Sotomayor": law.com has this report. Posted at 11:52 PM by Howard Bashman "Congress begins impeachment of Judge Kent": The Houston Chronicle has this news update. Posted at 11:20 PM by Howard Bashman In commentary available online at Slate: Emily Bazelon has a jurisprudence essay entitled "Sotomayor's Manly Man Ruling: Her bold ruling in favor of a man who claimed sex discrimination." And John Dickerson has essays entitled "More Better Judging: The White House's attempt to end the debate about a Sotomayor speech will end up prolonging it" and "Sonia Goes to Washington: Sotomayor endures a marathon meet-and-greet in the Senate." "Where to put Guantanamo prisoners? They're welcome in Colorado; Residents of Florence say they don't mind the supermax prison outside town; And a few more terrorism suspects there wouldn't bother them." This article will appear Thursday in The Los Angeles Times. Posted at 11:14 PM by Howard Bashman "California Supreme Court considers suit over workplace spying; The justices appear unlikely to allow employers to spy on workers with hidden cameras, but are skeptical that two women who found a surveillance camera in their office had suffered serious harm": Maura Dolan of The Los Angeles Times has this news update. Posted at 11:10 PM by Howard Bashman "Gritty First Job Shaped Nominee; Years as N.Y. Prosecutor Gave Sotomayor Firsthand Look at Crime and Punishment": This article will appear Thursday in The Washington Post. Thursday's edition of The Los Angeles Times will contain an article headlined "Sotomayor a racist? Newt Gingrich takes it back; The former House speaker had joined Rush Limbaugh in calling the Supreme Court nominee a racist; Gingrich now says his words were 'perhaps too strong and too direct,' but Limbaugh stands firm." And Steven Thomma of McClatchy Newspapers reports that "Fearing backlash, GOP tones down rhetoric on Sotomayor." "NRA asks Court to expand 2d Amendment": Lyle Denniston has this post at "SCOTUSblog." You can access the cert. petition at this link (via "The Volokh Conspiracy"). In posts of interest from "The BLT: The Blog of Legal Times." David Ingram has a post titled "Property Rights Case a Sleeper for Sotomayor?" And Tony Mauro has a post titled "Sotomayor's Ex Expounds on Bilski Case." "S.F.'s blast at Vatican was legal, court says": Bob Egelko of The San Francisco Chronicle has a news update that begins, "San Francisco didn't cross into constitutionally forbidden territory of government hostility to religion when the Board of Supervisors denounced a Vatican order to Catholic Charities not to place adoptive children with same-sex couples, a federal appeals court ruled Wednesday." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Federal judge tosses warrantless wiretap cases": The Associated Press has a report that begins, "A federal judge has tossed out more than three dozen lawsuits filed against the nation's telecommunications companies for allegedly taking part in the government's e-mail and telephone eavesdropping program that was done without court approval." And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Judge Tosses Telecom Spy Suits." You can access today's ruling of the U.S. District Court for the Northern District of California at this link. Update: At "SCOTUSblog," Lyle Denniston has a post titled "Challenges to NSA wiretapping shut down." "Criminal charges dropped against Wecht, but animosity remains": Jason Cato has this article today in The Pittsburgh Tribune-Review. Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article headlined "Wecht deep in debt, but delighted." And The Associated Press reports that "Feds drop all charges against celebrity coroner." Thanks to law professor Ellen S. Podgor of the "White Collar Crime Prof Blog" for the pointer. "In MySpace Cases, Appellate Judges Wrestle With Possible Split": Today in The Legal Intelligencer, Shannon P. Duffy has an article that begins, "Providing a rare study in contrasts, the federal courts in Pennsylvania have had markedly different reactions to two strikingly similar First Amendment cases involving students who were disciplined for ridiculing their principals by creating fake profile pages on MySpace.com." Posted at 08:30 AM by Howard Bashman "A Senator Who's Seen the Other Side: GOP's Lead on Judiciary Panel Was Once Rejected for Bench." This article appears today in The Washington Post. And law.com's Tony Mauro reports that "Critics Pounce on Sotomayor's Reversal Rate." "Conservative Judges Echo Sotomayor in Gun Ruling": Robert Barnes has this article today in The Washington Post. Today in The Los Angeles Times, David G. Savage reports that "Appeals court upholds Chicago's strict gun laws; Decision by the U.S. 7th Circuit Court of Appeals sets the stage for a Supreme Court battle over whether the 2nd Amendment and its protection for gun owners extends to cities and states." And at "SCOTUSblog," Lyle Denniston has a post titled "New 2d Amendment case on the way." "Case of death row inmate Troy Davis puts new D.A. in tight spot; Some say Davis, a black man, was wrongly convicted of killing an off-duty white police officer; They are pressing the county's first black D.A. to intervene, a politically dicey prospect": This article appears today in The Los Angeles Times. Posted at 08:12 AM by Howard Bashman Tuesday, June 2, 2009 Available online from law.com: Shannon P. Duffy has an article headlined "3rd Circuit: Parent Can't Read Bible to Son's Public School Class." My earlier coverage of yesterday's Third Circuit ruling appears at this link. And in other news, "Calif. Supreme Court to Put Right of Publicity to a Taste Test; Case involving single-publication rule has generated intense interest in Hollywood and media circles." "Sotomayor Makes Rounds at Capitol": This article will appear Wednesday in The New York Times. Wednesday's edition of The Los Angeles Times will contain an article headlined "Sotomayor, senators make nice -- for now; The Supreme Court nominee talks race and the law in meetings with lawmakers; Sen. Jeff Sessions, who will lead GOP questioning of Sotomayor, calls her a 'delight,' promises a fair hearing." The Washington Post has a news update headlined "Sotomayor Visits Lawmakers on Capitol Hill." David Lightman of McClatchy Newspapers reports that "Sotomayor meets key senators amid bets she's a shoo-in." This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Sotomayor Meets With Senators" (RealPlayer required). The Associated Press has reports headlined "AP poll finds support for Sotomayor confirmation"; "Sotomayor counters GOP critics over bias claims"; and "Sotomayor stays mum during Senate visits." And Politico.com has reports headlined "The Sotomayor PR offensive"; "Patrick Leahy wants Sonia Sotomayor hearings before August"; "McConnell undecided on Sotomayor"; "Dianne Feinstein signals satisfaction on Roe v. Wade"; and "Right demands tougher fight on Sonia Sotomayor." Meanwhile, in commentary, Michael Steele has an essay entitled "Judge Sotomayor: a milestone nomination, but her record requires scrutiny." Rick Santorum has an essay entitled "Why I would oppose Sonia Sotomayor." And Hugh H. Mo has an essay entitled "Real-world experience prepared Sonia Sotomayor." "D.C. Circuit Revives Suit Against Prosecutor, Court Official": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "A federal prosecutor and a D.C. Superior Court jury official are not entitled to absolute immunity in a suit filed by a man alleging constitutional violations stemming from his abrupt dismissal from a grand jury, the U.S. Court of Appeals for the D.C. Circuit ruled today." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Court upholds Navy cancellation of A-12 aircraft": The Associated Press has a report that begins, "Boeing Co. and General Dynamics Corp. must pay the government $2.8 billion to settle a nearly two-decade dispute over the cancellation of a Navy contract for a stealth aircraft, the U.S. Court of Appeals for the Federal Circuit ruled Tuesday." And at "The BLT: The Blog of Legal Times," Joe Palazzolo has a post titled "Court: Government Was Right to Kill 'Flying Dorito' Contract." My earlier coverage of today's Federal Circuit ruling appears at this link. "7th Circuit homage for Sotomayor gun-rights stance": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Abdon M. Pallasch of The Chicago Sun-Times has a news update headlined "Chicago's handgun ban stands." The Associated Press reports that "Appeals court upholds Chicago ban on handguns." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "7th Circuit Ruling Agrees With Sotomayor on Second Amendment." My earlier coverage of today's Seventh Circuit ruling appears at this link. "ACLU defends girl's lewd MySpace principal parody": The Associated Press has a report that begins, "A federal appeals court must decide whether a Pennsylvania middle school can suspend a student who, at home on her own time, created a lewd MySpace page about her principal." Posted at 04:30 PM by Howard Bashman "Already sentenced to prison, Galveston's Samuel Kent to quit next year": The Houston Chronicle has a news update that begins, "Disgraced U.S. District Court Judge Samuel Kent has notified President Barack Obama of his 'unconditional resignation' from the federal bench effective next June 1, his lawyer, Dick DeGuerin told the Houston Chronicle today. Kent sent his letter to the president on the eve of formal impeachment proceedings by the House Judiciary Committee, DeGuerin said." The Associated Press reports that "Convicted federal judge submits resignation letter." And Texas Lawyer reports that "Retired U.S. District Judge Samuel B. Kent to Turn in Resignation Today." You can view the letter of resignation by clicking here. "Top Democrat: Sotomayor would follow the law." The Associated Press has a report that begins, "Supreme Court nominee Sonia Sotomayor sought Tuesday to hit back against GOP charges that she would let her background dictate her rulings, telling senators in both parties that she would follow the law as a justice." Posted at 02:01 PM by Howard Bashman "Seventh Circuit Rules That, Under Supreme Court Precedent, the Second Amendment Is Not Incorporated Against the States": Eugene Volokh has this post at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today. Today's ruling will come as no surprise to anyone who listened to the Seventh Circuit oral argument audiotape (5.86MB mp3 audio file), which I previously linked to in this post. "Coleman-Franken Roundup": At his "Election Law Blog," Rick Hasen has this round-up of press coverage of yesterday's oral argument before the Supreme Court of Minnesota. In addition, you can view the video of yesterday's oral argument online, on-demand by clicking here. "This American version of Jarndyce and Jarndyce has entered its eighteenth year of litigation." A three-judge panel of the U.S. Court of Appeals for the Federal Circuit today issued its ruling in a case that is likely to become known as McDonnell Douglas XIV. According to today's opinion, "This case arises from the government's default termination in 1991 of a contract between the United States Navy and two contractors, McDonnell Douglas Corporation and General Dynamics Corporation to develop a carrier-based stealth aircraft, the A-12 Avenger." You can access the Wikipedia entry on the A-12 Avenger by clicking here. "Tiller's Killer: Is it wrong to murder an abortionist?" William Saletan has this essay online at Slate. Posted at 12:10 PM by Howard Bashman "High-Court Nominee Mirrors Industry Copyright Stance": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 12:08 PM by Howard Bashman "Reid praises Sotomayor as 'the whole package'": The Associated Press has this report. Posted at 11:07 AM by Howard Bashman "Court absolves school officials of responsibility in student's suicide; Federal appellate court says Ontario-Montclair School District officials acted appropriately in disciplining four students who skipped school to attend a rally; One student killed himself": Carol J. Williams has this article today in The Los Angeles Times. And The Press-Enterprise of Riverside, California reports today that "Appeals court upholds dismissal of civil rights lawsuit." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Sotomayor's record shows she's no sure vote on abortion": Michael Doyle of McClatchy Newspapers has this report. Today in The Washington Post, Michael A. Fletcher and Shailagh Murray report that "Sotomayor Prepares to Meet With Key Senators; Republicans May Stall Confirmation." The newspaper also contains an editorial entitled "Double Standard: Funny how the achievements on Sonia Sotomayor's resume suddenly count for so little," while columnist Richard Cohen has an op-ed entitled "Dreams Built in the Projects." Today in The Wall Street Journal, Jess Bravin and Justin Scheck have an article headlined "Look for Sotomayor to Add Heat." Gail Russell Chaddock of The Christian Science Monitor has an article headlined "GOP quandary: how hard to swing at Sotomayor; Republicans on Capitol Hill are acutely aware that the tone and content of the nominee's hearing could redefine the party after two punishing national elections." James Rowley of Bloomberg News reports that "Sotomayor May Have Some Unlikely Allies to Answer Gun Critics." The Associated Press reports that "Sotomayor to make her Capitol Hill debut." In The New York Times, columnist Ross Douthat has an op-ed entitled "Justices Gone Wild," while columnist Bob Herbert has an op-ed entitled "The Howls of a Fading Species." And in The Los Angeles Times, columnist Jonah Goldberg has an op-ed entitled "The Sonia Sotomayor debate is a chance to talk it out on race: Liberals say they want a frank conversation, but when anyone disagrees with them, they shout 'racist'; Can we get beyond that?" "Dispute Erupts Over Lawyer for Detainee": The New York Times today contains an article that begins, "Even before a Guantanamo detainee who was ordered by President Obama to face trial in civilian court in New York appears for arraignment, a legal imbroglio has erupted over who will represent him." Posted at 09:48 AM by Howard Bashman "Court to Hear Case on Inmate's Retardation": Adam Liptak has this article today in The New York Times. Posted at 09:47 AM by Howard Bashman "Justices to Weigh Issue of Patenting Business Methods": Adam Liptak has this article today in The New York Times. Today in The Los Angeles Times, Carol J. Williams reports that "Supreme Court to review what can be patented; Justices agree to hear a case in which an appellate court upheld the denial of a patent for a computerized method for using weather to predict commodities prices and energy costs." And law.com has articles headlined "Supreme Court to Hear 'Bilski' Case on Business Method Patents; If confirmed, Sonia Sotomayor may take a different view on patents from her predecessor when the case is heard next fall" and "Handicapping 'Bilski' at the Supreme Court." "Prosecutors cite judge in Bonds perjury appeal": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "A federal judge abused her discretion when she made alleged positive steroid tests and other key evidence off-limits in Barry Bonds' perjury trial, prosecutors said Monday. Bonds' prosecutors asked the Ninth U.S. Circuit Court of Appeals to reinstate the evidence, which Judge Susan Illston banned from the case Feb. 19, on the grounds that there was no proof the tests had anything to do with the former Giants star." And The Associated Press reports that "Feds appeal ruling tossing out Bonds evidence." "Poll: Most oppose closing Gitmo; Many believe prison in Cuba has made U.S. safer." This front page article appears today in USA Today. Posted at 09:28 AM by Howard Bashman Monday, June 1, 2009 "At Yale, Sotomayor was sharp but not outspoken; In interviews, classmates say Sotomayor pick would have surprised them 30 years ago": The Yale Daily News has this article online at its web site. Posted at 10:35 PM by Howard Bashman "The Robert Wone Killing Remains 'a Head-Scratcher'; Alleging Coverup by Housemates, D.C. Police Probe Theory of Bizarre Attack in Dupont Circle House": This article -- part two of a two-part series -- will appear Tuesday in The Washington Post. Posted at 10:30 PM by Howard Bashman "Appeals court upholds dismissal of suit against Salt Lake County employees": Pamela Manson of The Salt Lake Tribune has a news update that begins, "The 10th U.S. Circuit Court of Appeals on Monday upheld the dismissal of a lawsuit filed against two Salt Lake County employees by animal-rights activists." According to today's ruling of the U.S. Court of Appeals for the Tenth Circuit, the plaintiffs' lawsuit "alleged violations of their First Amendment rights to free speech and to peaceably assemble after the individual plaintiffs attempted to protest a circus in South Jordan, Utah." "Judges: No Bible at Pa. kindergarten show and tell." The Associated Press has a report that begins, "A kindergartner's mother cannot read Scripture during show and tell, even if the Bible is the boy's favorite book, a U.S. appeals court said Monday in the latest challenge over religion in public schools." And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Court Backs District's Refusal to Let Parent Read Bible." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. "Business-Method Patents Get U.S. Supreme Court Review": Greg Stohr and Susan Decker of Bloomberg News have this report. And Reuters reports that "Top court to hear business-method patent case." "Sotomayor preps as Senate courtship awaits": The Associated Press has this report. And at "SCOTUSblog," David Stras has a post titled "The Politics of the Sotomayor Nomination," while Tom Goldstein has a post titled "Judge Sotomayor and Abortion." "Guantanamo detainee tries to fire U.S. lawyers, fails": Carol Rosenberg of The Miami Herald has a news update that begins, "Uncertainty clouded a bid to stage the first military commissions hearing of the Obama administration Monday as accused Canadian war criminal Omar Khadr protested disarray among his Pentagon-paid defense team." And The Associated Press reports that "Canadian at Guantanamo asks to dismiss US lawyers." Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "GOP Senators Weigh Sotomayor Criticism"; "Sotomayor's Second Amendment Record"; and "High Court May Review Personal Weapons Ruling." Yesterday's broadcast of "Weekend Edition Sunday" contained audio segments entitled "'Blog Entry' Sparks Furor Over Sotomayor" and "The Straight Story On Sotomayor." This past Saturday's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Pick Didn't Come Lightly For Obama" and "The Roots Of Judicial Activism." And this past Saturday's broadcast of "Weekend Edition Saturday" contained audio segments entitled "Sotomayor Nomination Tops Week's Political News" and "What Storms Lie Ahead For Sotomayor?" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments. "Sotomayor meets aides shepherding nomination": The Associated Press has this report. Posted at 10:35 AM by Howard Bashman "The Unabomber's Brother Tells His Story": This audio segment (RealPlayer required) appeared on this past Saturday's broadcast of NPR's "Weekend Edition Saturday." Posted at 10:32 AM by Howard Bashman "Live Blogging the Coleman Franken Oral Argument": Rick Hasen has this post at his "Election Law Blog." Posted at 10:22 AM by Howard Bashman Access online today's opinion in an argued case and Order List of the Supreme Court of the United States: The Court today issued its ruling in Bobby v. Bies, No. 08-598. 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. The Court also issued a per curiam summary reversal in CSX Transp., Inc. v. Hensley, No. 08-1034. You can access the Court's ruling at this link. Justices John Paul Stevens and Ginsburg each issued dissenting opinions. You can access today's Order List at this link. The Court today granted review in one case and requested the views of the Solicitor General in one case. At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on patent dispute." And in early news coverage, The Associated Press reports that "High court rules for Ohio in death penalty case"; "Court to decide whether to limit patents"; "Court won't hear appeal from illegal gun dealer"; and "Court won't hear appeal from man convicted of rape." "Supreme Court ruling weakens the right to counsel: By discarding a 1986 precedent, the court has needlessly weakened the protections of the 6th Amendment." The Los Angeles Times contains this editorial today. Posted at 08:40 AM by Howard Bashman "The Robert Wone Stabbing: Anatomy of a Murder Case; Authorities Think Housemates Killed the Lawyer in a Dupont Circle Home, but Proof Is Elusive." This article -- part one of a two-part series -- appears today in The Washington Post. Posted at 08:14 AM by Howard Bashman "Firefighter case may keep Sotomayor in hot seat; How she viewed 'reverse bias' has critics' attention": Joan Biskupic has this article today in USA Today. Today in The Los Angeles Times, David G. Savage reports that "Sotomayor's decision on firefighters may be overruled by Supreme Court; The high court nominee was part of a panel that rejected an appeal by white firefighters in New Haven, Conn., who said they were victims of discrimination." The newspaper also contains an article headlined "GOP senators bring race issue to forefront of Sotomayor nomination; Republican lawmakers, toning down their initial criticisms of Limbaugh and Gingrich, who called the high court pick a racist, now question her ability to make fair decisions." The Washington Post contains articles headlined "Sotomayor Was a Passionate but Civil Activist" and "In GOP, Sotomayor's Resume Takes a Back Seat to Her Words." In addition, Howard Kurtz's "Media Notes" column is headlined "Scotusblog: High Court, High Speed, High Profile." The New York Times contains an article headlined "Despite Critics, Judge May Find Votes in G.O.P." The Wall Street Journal contains articles headlined "Senators Preview Stances on Sotomayor" and "Senators Weigh Race Issues With Sotomayor." Newsday contains an article headlined "Schumer: Sotomayor nearly 'filibuster-proof.'" Yesterday in The San Francisco Chronicle, Bob Egelko had an article headlined "High court justices rarely stray from course." Politico.com has an article headlined "New line of attack in Supreme Court fight." In addition, U.S. Senator Orrin Hatch (R-UT) has an essay entitled "Senate determines judges' thinking." The Associated Press has reports headlined "Singlehandedly raising a Supreme Court nominee"; "GOP senators OK with shrill criticism of Sotomayor"; "GOP senator: Sotomayor not better than a white man"; "Leahy: Sotomayor hearings will be on his schedule"; and "McConnell: Need time to review Sotomayor's record." And in The New York Daily News, columnist Mike Lupica has an op-ed entitled "Gingrich and rest of far right are scared of Sotomayor - and who can blame them?" "Behind closed doors: How R.I. decriminalized prostitution." This article appeared yesterday in The Providence Journal. Posted at 08:03 AM by Howard Bashman "Diverse Opinions: Sotomayor and a breakthrough nomination." Jeffrey Toobin has this "Talk of the Town" article in the June 8, 2009 issue of The New Yorker. Posted at 07:58 AM by Howard Bashman "Death Penalty Disgrace": Today in The New York Times, Bob Barr has an op-ed that begins, "There is no abuse of government power more egregious than executing an innocent man. But that is exactly what may happen if the United States Supreme Court fails to intervene on behalf of Troy Davis." Posted at 07:55 AM by Howard Bashman "Coleman-Franken U.S. Senate election goes before Minnesota Supreme Court today": This article appears today in The St. Paul Pioneer Press. The Minneapolis Star Tribune reports today that "Court to hear Senate recount case today." In The New York Times, John Schwartz reports that "Battle for Senate Seat Goes to Minnesota's Top Court." And in The Los Angeles Times, law professor Richard L. Hasen has an op-ed entitled "Get the Al Franken Show on the road: The U.S. Senate should provisionally seat the former performer if the Minnesota Supreme Court rejects rival Norm Coleman's challenge to the narrow 2008 election results." The oral argument is scheduled to begin at 9 a.m. central time today. Once the Supreme Court of Minnesota adds this morning's oral argument to that court's online archive of oral argument videos, you will be able to access the video via this link. Sunday, May 31, 2009 "New legal battle in Guantanamo": The Associated Press has a report that begins, "A session of the Guantanamo war crimes court that began Sunday will likely show the difficulties President Barack Obama faces in changing the system and closing the prison by January. The case in question, of a Canadian charged with killing an American soldier, is stalled by infighting among lawyers." And today in The Miami Herald, Carol Rosenberg has an article headlined "Some Guantanamo detainees to get laptops; To better prepare them for life in asylum, the U.S. military is setting up a virtual computer lab for some Guantanamo captives now cleared for release." "President Obama outraged by slaying of abortion provider George Tiller": The Wichita Eagle has this news update. The Topeka Capital-Journal has a news update headlined "Tiller shot, killed in Wichita." Robert Barnes of The Washington Post has a news update headlined "Kansas Abortion Doctor Is Slain at His Church." The New York Times has a news update headlined "Doctor Who Performed Abortions Is Shot to Death." The Los Angeles Times has a news update headlined "Abortion doctor George Tiller is killed; suspect in custody; The late-term abortion provider was shot at church in Wichita, Kan.; A suspect was arrested three hours later about 170 miles away, police say; Tiller, 67, had been a victim of violence in the past." And The Associated Press has reports headlined "Kan. abortion doc killed in church; suspect held"; "Kan. abortion provider was polarizing force"; and "Abortion foes fear backlash to Tiller's murder." "For all the debate about interrogation, little research exists": McClatchy Newspapers have an article that begins, "The heated debate in recent weeks about harsh interrogation treatments at Guantanamo Bay and elsewhere highlights what some scientists have been warning the U.S. for years: that almost no research exists to tell interrogators the best way to get information out of suspected terrorists." Posted at 09:12 AM by Howard Bashman "Hands Off Thomas: Clarence Thomas is a great justice; Sonia Sotomayor will be, too." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 09:08 AM by Howard Bashman "Sotomayor And 'Disparate Impact': The controversial New Haven firefighters case illustrates a civil rights paradox." Stuart Taylor Jr. has this essay in the current issue of National Journal magazine. Posted at 09:02 AM by Howard Bashman "What's a Liberal Justice Now? If President Obama wants to create a progressive Supreme Court for the 21st century, there is a new school of legal thought to guide him." Law professor Jeffrey Rosen has this article in today's edition of The New York Times Magazine. Posted at 08:57 AM by Howard Bashman Saturday, May 30, 2009 "Court Choice Pushes 'Identity Politics' to Forefront": The New York Times on Sunday will contain this article, along with an article headlined "Sotomayor Would Be Sixth Catholic Justice, but the Pigeonholing Ends There." Adam Liptak will have a Week in Review article headlined "The Waves Minority Judges Always Make." And the newspaper will contain an editorial entitled "Judging Sonia Sotomayor." Today's newspaper, meanwhile, contains articles headlined "Obama Says Sotomayor Would Clarify a Remark" and "In Puerto Rico, Supreme Court Pick With Island Roots Becomes a Superstar." Sunday in The Washington Post, Robert Barnes and Eli Saslow will have an article headlined "Bias Case Looms Large for Nominee; Ruling on Firefighters' Lawsuit Raises Questions About Sotomayor's Philosophy." Tomorrow's newspaper will also contain an article headlined "Friends Provide Glimpse Into Nominee's 'Very Full Life.'" And today's newspaper contains an article headlined "Obama Says Judge Regrets Wording; GOP Leaders Try to Rein In Reactions to Sotomayor's 2001 Speech." Sunday's edition of The Los Angeles Times will contain articles headlined "Two sides to Sonia Sotomayor: The passion for minority rights that she showed from Princeton onward is scarcely reflected in a review of her judicial decisions; So which way would she lean on the Supreme Court?" and "Would Sotomayor really be the first Supreme Court Latino? Some say that Justice Benjamin Cardozo, reportedly of Portuguese descent, beat her to it in the 1930s; The debate renews old questions about the labels 'Latino' and 'Hispanic.'" Today's newspaper, meanwhile, contains an article headlined "Some Republicans rebuke Limbaugh, Gingrich on Sotomayor criticism; Accusations that the Latina Supreme Court nominee is racist can only hurt the party, say GOP members who advocate a more civil debate." And CBS News legal analyst Andrew Cohen has an op-ed entitled "Make Sotomayor's confirmation hearings worth hearing: The Senate questioning of Supreme Court nominees has become a farce; This time, let's have Sonia Sotomayor say more and senators say less." And Michael Doyle of McClatchy Newspapers reports that "Sotomayor's record reveals she's far from soft on crime." "Supreme Court to Address Meeting the Needs of Special-Education Students": This article will appear Sunday in The New York Times. Posted at 11:50 PM by Howard Bashman "Judge Sotomayor and Race -- Results from the Full Data Set": Tom Goldstein had this post last night at "SCOTUSblog," expanding on his related post from earlier yesterday. Posted at 11:42 PM by Howard Bashman "Federal appeals court won't reinstate 'Jesus speech' lawsuit": The Gazette of Colorado Springs today contains an article that begins, "A federal appeals court Friday rejected a former Lewis-Palmer High School student's claim that her free-speech rights were violated when she was disciplined for bringing up Jesus in her graduation speech." And The Associated Press reports that "Colo. student loses appeal over graduation speech." You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. The Associated Press is reporting: Now available online are articles headlined "Obama: Efforts to scuttle Sotomayor will fail"; "Obama court pick puts spotlight on Sen. Sessions"; and "GOP divided over how tough to be on Sotomayor." Posted at 11:14 PM by Howard Bashman "Gov't refuses to release documents in wiretap case": The Associated Press has a report that begins, "The Obama administration insists it has no obligation to provide access to a top secret document in a wiretapping case, setting up a showdown next week with the judge who ordered it released." At Wired.com's "Threat Level" blog, David Kravets has a post titled "Obama Says Government Sanctions Unwarranted in Spy Case." And at "SCOTUSblog," Lyle Denniston has a post titled "Secrets and 'need to know.'" "High court is urged to block 9/11 suit against Saudis": The Philadelphia Inquirer today contains an article that begins, "In a setback for insurers and individual victims of the 9/11 attacks, U.S. Solicitor General Elena Kagan urged the Supreme Court yesterday to reject allegations that Saudi Arabia was responsible because it indirectly financed al-Qaeda and other terrorist groups." The New York Times reports today that "Justice Dept. Backs Saudi Royal Family on 9/11 Lawsuit." And The Associated Press reports that "9/11 families angered by US support for Saudis." Friday, May 29, 2009 "A Compelling Biography Is No Guarantee of a Smooth Confirmation": Saturday in The Washington Post, Michael A. Fletcher will have an article that begins, "For his first Supreme Court pick, the president chose a pioneering minority in the hope that a compelling story of overcoming poverty to graduate from Yale Law School and become a federal appeals court judge would preempt a bitter ideological fight. The president was George H.W. Bush and the nominee was Clarence Thomas, and if there is a lesson for President Obama in naming Sonia Sotomayor to the Supreme Court, it is that compelling personal stories go only so far in guaranteeing a smooth confirmation process." Saturday's edition of The New York Times will contain an article headlined "Sotomayor's Focus on Race Issues May Be Hurdle." And Marcia Coyle of The National Law Journal reports that "Big Issues Lurk Below Surface of Sotomayor Confirmation Hearings." The Associated Press is reporting: Now available online are articles headlined "Death cases among early issues for new justice" and "White House: Sotomayor says she chose word poorly." Posted at 05:44 PM by Howard Bashman "Sotomayor to meet with senators next week": The Associated Press has this report. Posted at 03:24 PM by Howard Bashman "Where Would Justice Souter's Replacement Make a Difference? Part II." Kevin Russell has this post today at "SCOTUSblog." Posted at 02:40 PM by Howard Bashman "Sweet Justice: Why Judge Sotomayor's diabetes shouldn't be ignored." Darshak Sanghavi has this essay online at Slate. Posted at 02:38 PM by Howard Bashman Available online from National Public Radio: Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Few Clues To Sotomayor's Position On Abortion" (featuring Nina Totenberg) and "Senators Offer Competing Views Of Sotomayor." And today's broadcast of "Morning Edition" contained an audio segment entitled "Preliminary Work Starts On Confirmation Hearings." RealPlayer is required to launch these audio segments. The Washington Times is reporting: Today's newspaper contains articles headlined "Lawyers tag nominee as 'terror on the bench'"; "Pro-life Catholic leader roots for Sotomayor; Tells GOP not to fight 'this one'"; and "Sotomayor finds favor in coverage; Media are focused on life story." Posted at 12:04 PM by Howard Bashman "Black asks high court for release from prison": The Associated Press has a report that begins, "Former media executive Conrad Black is seeking his release from prison, at least until the Supreme Court decides whether to uphold his fraud conviction." Posted at 11:58 AM by Howard Bashman "5 Ways The GOP Could Stall A Vote On Sotomayor": David Welna has this written report at NPR.org. Posted at 11:00 AM by Howard Bashman "Bomb-Building Terrorists Welcome in One U.S. Town": Bloomberg News columnist Ann Woolner has this essay today. Posted at 09:35 AM by Howard Bashman In the June 2009 issue of ABA Journal magazine: David G. Savage will have an article headlined "The Future in Black and White: In the era of President Barack Obama, race relations still play out." And Richard Brust and Stephanie Francis Ward will have an article headlined "Last of the Old Guard: Souter is gone--so is moderate GOP." "Court Backs New Jersey Aid Revision: Less Focus on Poorest Schools." Today's edition of The New York Times contains an article that begins, "The New Jersey Supreme Court on Thursday upheld a new school financing formula that replaced a controversial one that had favored poor urban districts." The Philadelphia Inquirer reports today that "N.J. high court backs Corzine's school-aid plan." And The Newark (N.J.) Star-Ledger contains articles headlined "Court shifts course on school aid; Instead of focusing on poor areas, funding will be based on enrollment" and "Corzine basks in an affirmation of his policy; Critics contend governor is only furthering the education bureaucracy." You can access yesterday's ruling of the Supreme Court of New Jersey at this link. "Blog Teen's Supreme Ire: Rips Sonia as a Foe of Free Speech." This article appears today in The New York Post. Newsday reports today that "Alito and Sotomayor have striking similarities." In The Washington Post, Robert Barnes and Michael D. Shear report that "Abortion Rights Backers Get Reassurances on Nominee." In addition, columnist Charles Krauthammer has an op-ed entitled "Sotomayor: Rebut, Then Confirm"; columnist Michael Kinsley has an op-ed entitled "The Right's Court Complex"; columnist Eugene Robinson has an op-ed entitled "A Smile to Set the GOP on Edge"; columnist Michael Gerson has an op-ed entitled "Into the Trap With Open Eyes"; and Dana Milbank's "Washington Sketch" essay is headlined "Enter Nominee. Cue Applause, Posturing." The Associated Press has a report headlined "Two sides of Sotomayor" that begins, "There are two sides to Supreme Court nominee Sonia Sotomayor: a Latina from a blue-collar family and a wealthy member of America's power elite." The New York Daily News contains an article headlined "Sotomayor getting a break from bench to focus on Supreme Court hurdle" that begins, "Her work is done here. Judge Sonia Sotomayor is now free to concentrate on getting that plummest of plum jobs. She won't be hearing any more cases that come before the 2nd Circuit Court of Appeals in New York, a source said." USA Today reports that "Sotomayor's remarks dissected; Key Republican senator says an explanation is necessary." Politico.com has articles headlined "Princeton University holds the key to understanding Sonia Sotomayor"; "For a justice, Sonia Sotomayor is low on dough"; "Sotomayor hits the jackpot"; "White House urged to address 'racist' charge"; and "Sonia Sotomayor: No empathy for campaign cash." In The Wall Street Journal, John Hasnas has an op-ed entitled "The 'Unseen' Deserve Empathy, Too: Judges can do the most good by following the law." And, columnist Kimberley A. Strassel has an op-ed entitled "The Sotomayor Rules: Some were made to be broken." In The New York Times, columnist David Brooks has an op-ed entitled "The Empathy Issue." In The Boston Globe, columnist Ellen Goodman has an op-ed entitled "A wise person for the court." And in The Atlanta Journal-Constitution, columnist Jay Bookman has an op-ed entitled "Sotomayor right: Biography does influence rulings." "Nebraska governor signs lethal-injection bill": The Lincoln Journal Star today contains an article that begins, "After 15 months of having no means to carry out its death penalty, Nebraska will soon be able to use lethal injection to execute prisoners convicted of capital crimes." Posted at 08:27 AM by Howard Bashman "Inflating the Guantanamo Threat": Peter Bergen and Katherine Tiedemann have this op-ed today in The New York Times. Posted at 08:25 AM by Howard Bashman "Governor taps Justice Suttell to lead R.I. Supreme Court": This article appears today in The Providence (R.I.) Journal, along with an article headlined "Suttell lauded for years of hard work." Posted at 08:15 AM by Howard Bashman "Police Tasers: excessive force or necessary tool? A crop of legal cases across the US raise concerns over the use of electric stun guns in routine police stops." Warren Richey of The Christian Science Monitor has this report. Posted at 08:00 AM by Howard Bashman Thursday, May 28, 2009 "Sotomayor Sides With the Cops: And persuades a Republican judge to go along with her." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 11:57 PM by Howard Bashman Available online from law.com: Marcia Coyle has an article headlined "Questions Arise About Long Delay by Sotomayor-Led Panel in Climate Case." And in other news, "Georgia Lawyers Take Sides in High Court Client Privilege Case; Groups siding with Mohawk say not allowing immediate review of privilege waiver means no review at all." "Roberts and residents agree: Leavenworth doesn't want Gitmo inmates." This article appears today in The Kansas City Star. Posted at 11:30 PM by Howard Bashman "Sotomayor's Sharp Tongue Raises Issue of Temperament": Jo Becker and Adam Liptak will have this article Friday in The New York Times. Tomorrow's newspaper will also contain articles headlined "Nominee's Links With Advocates Fuel Her Critics"; "Buzzwords Shape the Debate Over Confirmation"; and "Court Pick Missed State Votes." Today's newspaper, meanwhile, contains articles headlined "Sotomayor Pick a Product of Lessons From Past Battles"; "Sotomayor's Appellate Opinions Are Unpredictable, Lawyers and Scholars Say"; "Sotomayor's Opponents and Allies Prepare Strategies"; and "A Judge's Own Story Highlights Her Mother's." Today's edition of The Washington Post contains articles headlined "Rigorous Questioning Hasn't Fazed Nominee" and "Making History Was but One Factor; Obama Touts Nominee's Credentials, Story." And in commentary, columnist E.J. Dionne Jr. has an op-ed entitled "Obama's Anti-Roberts"; columnist David S. Broder has an op-ed entitled "A Choice for the GOP"; and Dana Milbank has a "Washington Sketch" essay headlined "Latina Woman, Tongue-Tied Man." Friday's edition of The Los Angeles Times will contain articles headlined "Sotomayor's net worth probably on low end of federal judiciary; The Supreme Court nominee's only investment income is interest of $1,000 on bank accounts that add up to no more than $65,000, a 2008 disclosure form shows" and "Reaction to Sotomayor more good than bad, poll finds; Gallup says nearly half rate her as good or excellent, with only 13% giving her poor marks." And today's newspaper contains an article headlined "At Yale, Sotomayor won apology from law firm; In 1978, she complained of bias during her job interview process; And a university panel backed her stance." Friday in The Wall Street Journal, Jess Bravin will have an article headlined "Legal Realism Informs Judge's Views." Tomorrow's newspaper will also contain articles headlined "A Sotomayor Ruling Gets Scrutiny; Justices Weigh Firefighters' Claim After Appeals Panel Upheld 'Race Neutral' Decision" and "Another Hot Issue: Intellectual Property." Today's newspaper, meanwhile, contains an article headlined "Battle Over Sotomayor Heats Up; As White House Gathers Backers, Conservatives Heighten Attacks on Judge's Record." And Karl Rove has an op-ed entitled "'Empathy' Is Code for Judicial Activism; What damage did Democrats suffer when they attacked Miguel Estrada?" Linda Feldmann of The Christian Science Monitor has an article headlined "The marketing of Sonia Sotomayor: She hasn't ruled on hot-button issues, which puts her in a middle position - for now, anyway." And ABCNews.com reports that "Abortion Rights Groups Wary About Sonia Sotomayor's Views; With Little History on the Issue, Groups on Both Sides Say Supreme Court Nominee Should Explain Her Point of View in Hearings." "Sotomayor Took Cautious Approach in Cases on Race, Gun Rights": Greg Stohr of Bloomberg News has this report. And Bloomberg News columnist Margaret Carlson has an essay entitled "Sotomayor Stokes Republican Identity Crisis." "Sotomayor's views on abortion rights are unknown": The Associated Press has this report. Posted at 09:18 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Conservatives, liberals take sides on Sotomayor" and "White House comfortable with nominee's views." Posted at 04:28 PM by Howard Bashman Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "How Obama's Nomination Of Sotomayor Unfolded" (featuring Nina Totenberg). Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Groups Prepare For Sotomayor Battle" and "Diabetes: Is It An Issue For The Supreme Court?" And yesterday's broadcast of "Morning Edition" contained audio segments entitled "Obama Picks Hispanic Woman For Supreme Court" (featuring Nina Totenberg); "Housing Project Part Of 'Inspiring Life's Journey'"; "Senate Will Debate Sotomayor's Nomination"; and "Looking Back At Sotomayor's 1995 Baseball Ruling." RealPlayer is required to launch these audio segments. In posts of note at "SCOTUSblog": Lyle Denniston has a post titled "Sotomayor and the Second Amendment." And Kevin Russell has a post titled "Where Would Justice Souter's Replacement Make A Difference? Part I." "Sampling Sotomayor on the First": David L. Hudson Jr. has this news analysis online at the First Amendment Center. Posted at 11:33 AM by Howard Bashman "U.S. Manga Obscenity Conviction Roils Comics World": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "In an obscenity first, a U.S. comic book collector has pleaded guilty to importing and possessing Japanese manga books depicting illustrations of child sex abuse and bestiality." Posted at 11:32 AM by Howard Bashman "Pa. Justices: Internet Child Porn Search Constitutes 'Knowing Possession.'" This article appears today in The Legal Intelligencer. And The Philadelphia Daily News reports today that "Pa. high court backs ban on viewing kid-porn." My earlier coverage of Tuesday's Pa. Supreme Court ruling appears at this link. "Court says no First Amendment violation in church aid case": Online at The Michigan Messenger, Ed Brayton has a post that begins, "The U.S. Sixth Circuit Court of Appeals ruled that the city of Detroit did not violate the establishment clause of the First Amendment by giving more than $700,000 to several churches downtown to reimburse them for exterior renovations prior to the city's hosting of the Super Bowl and the NCAA Final Four." Circuit Judge Jeffrey S. Sutton wrote today's ruling of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three-judge panel. Update: The Associated Press reports that "Atheists lose lawsuit over Detroit's downtown aid." "Appellate court revives pit bull lawsuit": The Associated Press has a report that begins, "Opponents of a Denver ordinance that calls for euthanizing pit bulls found living in city limits have another chance at challenging the law in court. The 10th U.S. Circuit Court of Appeals Wednesday revived a lawsuit filed by three former Denver residents who moved out the city to avoid losing their dogs." You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. "Prepping Sotomayor for hearings: Get your game face on." CNN.com has this report. Posted at 10:55 AM by Howard Bashman "5th Circuit council backs judge's impeachment": This article appears today in The Houston Chronicle. And The Galveston County Daily News reports today that "Judicial panel urges impeachment of Kent." You can access at this link yesterday's order of the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit and at this link a letter communicating rejection of the judge's disability claim. Wednesday, May 27, 2009 "Sotomayor's take-no-guff demeanor could alter court dynamics": Michael Doyle and Marisa Taylor of McClatchy Newspapers have this report. And The Charlotte Observer reports today that "Sotomayor's comment at Duke could draw criticism." "On Sotomayor, Some Abortion Rights Backers Show Unease": Charlie Savage will have this article Thursday in The New York Times. Tomorrow's newspaper will also contain an article headlined "For Republicans, Court Fight Risks Losing Hispanics to Win Conservatives." Today's edition of The New York Times, meanwhile, contained articles headlined "Obama Hails Judge as 'Inspiring'"; "Sotomayor, a Trailblazer and a Dreamer"; "Was a Hispanic Justice on the Court in the '30s?"; "For Hispanics, Court Pick Sets Off Pride, and Some Concerns"; "On the Bench, With Fairness and Empathy"; "Sotomayor's Baseball Ruling Lingers, 14 Years Later"; and "Health Spotlight Is on Diabetes, Its Control and Its Complications." Today's newspaper also contains an editorial entitled "The New Justice." Linda Greenhouse has an op-ed entitled "Every Justice Creates a New Court." And law professor Gerard N. Magliocca has an op-ed entitled "Scenes From Judge Sotomayor's Courtroom." Thursday in The Washington Post, Robert Barnes will have an article headlined "Battle Lines Are Drawn On Sotomayor Nomination; Ideology, Abortion and Remarks on Ethnicity Come to Fore." Today's newspaper, meanwhile, contained articles headlined "First Latina Picked for Supreme Court; GOP Faces Delicate Task in Opposition"; "Heritage Shapes Judge's Perspective"; "Disparate Group United in Pride"; and "Riskiest Choice on Obama's List Embodies His Criteria; President and Judge Cite Her Life Experience." Today's newspaper also contains an editorial entitled "The President's Pick: Kudos, and some questions, for Judge Sonia Sotomayor." Columnist George F. Will has an op-ed entitled "Identity Justice: Obama's Conventional Choice." Columnist Ruth Marcus has an op-ed entitled "An Easy Choice for Obama." Dana Milbank's "Washington Sketch" essay is headlined "But Will She Suit Up With the Washington Nine?" And Howard Kurtz's "Media Notes" essay is headlined "Fighting To Win the Sotomayor Spin War." Thursday in The Los Angeles Times, David G. Savage and Peter Nicholas will have an article headlined "Abortion-rights groups concerned about Sotomayor's stance; Obama's Supreme Court nominee has little record on issues related to Roe vs. Wade." Tomorrow's newspaper will also contain articles headlined "GOP looks for alternate routes to block Sotomayor's path; Facing long odds of defeating her nomination to the Supreme Court, Republicans are looking to gun rights and other wedge issues that could undermine her support"; "Bronx bursting with pride over Supreme Court nominee Sotomayor; Local officials say the judge gives the New York City borough a new ambassador to improve its image problems"; and "Diabetes shouldn't affect Sotomayor's ability to serve on Supreme Court; Potentially the first justice with Type 1, she can expect to live as long and productively as anyone else if she manages the disease well, experts say." Today's newspaper, meanwhile, contains articles headlined "Sotomayor's record sets off few ideological alarm bells; Obama's choice for the Supreme Court is like outgoing Justice Souter in many ways, experts say; She has made some controversial remarks, but observers say she's not particularly liberal"; "Sotomayor nomination splits GOP; Conservative activists are outspoken in their opposition; But Republican senators who will vote on her nomination offer muted responses; Some think the party has a chance to reach Latino voters"; "Sotomayor rose from humble roots; Obama's Supreme Court nominee grew up in a South Bronx housing project, excelled at Princeton and Yale, and was named a district court judge by President George H.W. Bush"; and "L.A. Latinos savor Supreme Court choice; It's about time, some say, as President Obama nominates federal judge Sonia Sotomayor; She would be the court's first Latina." Today's newspaper also contains an editorial entitled "Sotomayor, a sound choice: Judge Sonia Sotomayor would bring a compelling life story and sterling credentials to the Supreme Court." And David Greenberg has an op-ed entitled "The rough road to the Supreme Court: Since the '60s, most nominees have had to run a harrowing political gantlet in the Senate." The New York Post today contains articles headlined "Kid From Bronx Reigns Supreme"; "Ex-assistant DA Thrives In Heat Of Legal Battles"; "Historic Selection Fills Latinos With Pride"; and "Life Of Truth & Justice." And today's edition of The New York Daily News contains articles headlined "Supreme Court nominee Sonia Sotomayor's record gives liberals little to cheer about"; "Obama's Supreme Court pick Sonia Sotomayor never forgot her Bronx roots"; "Sonia Sotomayor pays emotional tribute to her mother"; and "GOP realizes that it can't stop U.S. Supreme Court nominee Sotomayor." "Court, cameras, action! Souter's departure could clear the way for far more transparency at the Supreme Court." Tony Mauro has this op-ed today in USA Today. Posted at 09:10 PM by Howard Bashman "No filibuster, but Sotomayor battle still looms": The Associated Press has a report that begins, "Republicans won't try to filibuster Sonia Sotomayor's Supreme Court nomination, a key GOP senator conceded Wednesday, all but admitting there's little chance of blocking her confirmation as the first Hispanic justice." Posted at 06:17 PM by Howard Bashman "5th Circuit council backs impeachment for Houston judge": The Houston Chronicle has a news update that begins, "The Fifth Circuit judicial council and Chief Judge Edith Jones dealt a double blow today to convicted U.S. District Court Judge Samuel Kent, 59, by formally recommending his impeachment for criminal misconduct and by rejecting his bid to be certified as disabled -- a status that might have allowed Kent to collect judicial retirement benefits indefinitely even while in prison." You can access at this link today's order of the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit. "Bad Test: Sonia Sotomayor rejected the New Haven firefighters' claim because it threatened to burn down civil rights law." Law professor Richard Thompson Ford has this jurisprudence essay online at Slate. Posted at 01:50 PM by Howard Bashman "GOP should question pick": Today in The Boston Globe, law professor William K. Kelley has an op-ed that begins, "Now that the president has nominated Judge Sonia Sotomayor to the Supreme Court, attention turns to the confirmation process." Posted at 01:47 PM by Howard Bashman Available at CNN.com: Elizabeth Landau reports that "Sotomayor 'always willing to speak up' at Yale Law." Ruben Navarrette Jr. has an essay entitled "Sotomayor made it on her own." And Ilya Shapiro has an essay entitled "Sotomayor pick not based on merit." Available online from Bloomberg News: Greg Stohr reports that "Sotomayor's Record Suggests Similarities With Retiring Souter." James Rowley and Kim Chipman report that "Obama High Court Choice Poses Political 'Peril' for Republicans." Catherine Dodge and Justin Blum report that "Sotomayor Draws on Life Experience in Legal Thinking." Peter Robison reports that "Sotomayor Gives 'Exploding' Hispanic Population a Role Model." And columnist Ann Woolner has an essay entitled "Sotomayor Opens the Season on Obama's Court Picks." "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?" That was the title of the December 4, 2006 installment of my "On Appeal" column for law.com. Therein, I criticized the ruling of a three-judge panel of the Superior Court of Pennsylvania setting aside a criminal conviction in a case captioned Commonwealth v. Diodoro. Thereafter, the Pa. Superior Court granted rehearing en banc, and later the en banc court affirmed the defendant's conviction by means of a 7-2 ruling. In late December 2007, as I originally reported in this post, the Supreme Court of Pennsylvania issued an order granting the defendant's petition for allowance of appeal to decide "[w]hether accessing and viewing child pornography over the internet constitutes 'control' of such pornography under 18 Pa.C.S. sec. 6312(d)?" Yesterday, a unanimous Supreme Court of Pennsylvania, by a vote of 4-0, affirmed the en banc Superior Court's decision upholding the defendant's conviction. You can access yesterday's ruling at this link. The Associated Press has coverage of yesterday's ruling in an article headlined "Pa. court: Just viewing child porn's a crime; based on Delco case." And in earlier coverage of the case, The Delaware County (Pa.) Times has previously published articles headlined "Superior Court rules Ridley man 'possessed' child porn" and "State appeals court to review conviction in child porn case." "Posner & Easterbrook in Action During Oral Argument on Incorporation of a Right to Arms": Randy Barnett has this post today at "The Volokh Conspiracy." Yesterday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard oral argument in National Rifle Assoc. v. City of Chicago. You can download the oral argument audio via this link (5.86MB mp3 audio file). "Sotomayor would be part of court's Catholic shift": CNN.com has this report. And online at The National Catholic Reporter, law professor Douglas W. Kmiec has an essay entitled "Judge Sotomayor's experience trumps all." Tuesday, May 26, 2009 "Sotomayor's Rulings Are Exhaustive but Often Narrow": Adam Liptak will have this news analysis Wednesday in The New York Times. Posted at 11:14 PM by Howard Bashman "Hard-luck Montana town pushes to house Gitmo detainees": CNN.com has this report. Posted at 11:10 PM by Howard Bashman "Becoming Nominee Sotomayor": ABC News correspondent Jan Crawford Greenburg has this post at her "Legalities" blog. And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Obama's Supreme Court Pick is Schooled in Cyber Law." The Associated Press is reporting: Now available online are articles headlined "Private Oval Office chat sold Obama on Sotomayor"; "Sotomayor has pragmatic record in business cases"; "Sotomayor maintains Puerto Rican roots"; "First Hispanic justice? Some say it was Cardozo"; "As judge, Sotomayor called baseball dispute"; and "Sonia Sotomayor, The Movie: Who would star?" Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Obama Picks Sotomayor For High Court" (featuring Nina Totenberg); "Sen. Grassley Pledges Open Mind On Sotomayor"; "Was Cardozo First Hispanic On Supreme Court?"; "High Court Nominee's Success Against Odds"; "Latinos Welcome Sotomayor Pick"; and "Former Classmate Recalls Sotomayer." Today's broadcast of "Talk of the Nation" contained an audio segment entitled "Conservatives React To Sotomayor Nomination." And today's broadcast of "Morning Edition" contained audio segments entitled "Obama To Name Supreme Court Nominee" (featuring Nina Totenberg); "Senate Will Have To Confirm Court Choice"; "Obama Picks Sotomayor For High Court"; "Sotomayor Has Long Record As Lawyer, Judge"; and "Assessing Sotomayor's Experience On The Bench" (featuring law professor Jeffrey Rosen). RealPlayer is required to launch these audio segments. In commentary available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled "The Rational Hysterics: Republicans won't beat Sonia Sotomayor by attacking her as too darn human." And John Dickerson has an essay entitled "When Barry Met Sonia: What Obama's Supreme Court pick says about him." The Associated Press is reporting: Now available online are articles headlined "Sotomayor: A liberal record -- but not entirely so"; "Analysis: Ethnic politics boost Sotomayor chances"; "Sotomayor made a law firm apologize"; "For Sotomayor, discrimination case likely issue"; "Diabetes and the Supreme Court nominee"; and "Court nominee urged special rights for Puerto Rico." "Obama Picks Sotomayor, Citing Intellect": The New York Times has this news update, along with a "Woman in the News" profile written by Neil A. Lewis headlined "'Kid From the Bronx' With Hopes and Doubts." The Washington Post has news updates headlined "Obama Chooses Sotomayor for Supreme Court"; "For Sotomayor, Humble Beginnings to High Court Pick"; and "GOP Senators Withhold Criticism of Sotomayor." The Los Angeles Times has news updates headlined "Sonia Sotomayor is Obama's Supreme Court nominee; Federal jurist Sotomayor would become the first Latino member of the high court; The president calls his nominee 'inspiring' and says he wants a justice with 'a common touch'" and "Supreme Court nominee Sonia Sotomayor rose from humble roots; Obama's pick started out in a South Bronx housing project, excelled at Yale Law School and was named to the federal bench by George H.W. Bush; Conservatives prepare for a fight." From McClatchy Newspapers, David Lightman reports that "Sotomayor likely to get gentle scrutiny from Congress," while Michael Doyle has an article headlined "A compelling personal story, but mixed reaction from lawyers." And Linda Feldmann and Warren Richey of The Christian Science Monitor report that "Obama picks first Hispanic Supreme Court justice; In nominating Sonia Sotomayor, the president cited both her judicial experience and her compelling personal story." "California Supreme Court Upholds Ban on Same-Sex Marriage": John Schwartz of The New York Times has this news update. Posted at 02:40 PM by Howard Bashman "Lawyer challenging reported Pfizer settlement": The Associated Press has a report that begins, "A Connecticut attorney is fighting a reported settlement by pharmaceutical giant Pfizer Inc. over a meningitis drug study in Nigeria, saying it would send millions of dollars to Nigerian officials and lawyers while shortchanging alleged victims." Posted at 02:33 PM by Howard Bashman "Is Sotomayor an Activist? Not by my Measure." Law professor Corey Rayburn Yung has this post at his "Sex Crimes" blog. The post is based on the results of an empirical project that measures judicial activism of appellate court judges. And at "The Daily Beast," law professor Stephen L. Carter has a post titled "The Sonia I Know." Breaking news -- "Court upholds Prop. 8 but lets marriages stand": Bob Egelko of The San Francisco Chronicle has a news update that begins, "California voters legally outlawed same-sex marriage when they approved Proposition 8 in November, but the constitutional amendment did not dissolve the unions of 18,000 gay and lesbian couples who wed before the measure took effect, the state Supreme Court ruled today." Maura Dolan of The Los Angeles Times has a blog post titled "California Supreme Court upholds Prop. 8; gay marriage remains banned in state." Howard Mintz of The San Jose Mercury News has an update headlined "California Supreme Court upholds same-sex marriage ban; lets stand existing gay unions." And The Associated Press reports that "California Supreme Court upholds gay marriage ban." You can access today's ruling of the Supreme Court of California at this link. I have also uploaded a back-up copy of the ruling, and you can access it by clicking here. "Sotomayor's Record: The Ricci Effect." Kevin Russell has this post at "SCOTUSblog." Posted at 12:15 PM by Howard Bashman "California Supreme Court to issue Prop. 8 decision today; Rulings are expected on the legality of the measure barring same-sex marriage and the status of those who married before it was approved by voters": Rong-Gong Lin II and Maura Dolan have this article today in The Los Angeles Times. The San Francisco Chronicle reports today that "Same-sex marriage fans, foes await court ruling." In addition, columnist C.W. Nevius has an essay entitled "Prop. 8 decision could leave couples in limbo." The San Jose Mercury News reports that "Weariness and confidence as foes and backers of Proposition 8 await court ruling." The Associated Press reports that "California awaits court's gay marriage decision." And Reuters reports that "California court to rule Tuesday on gay marriage." The Supreme Court of California will issue its ruling at 1 p.m. eastern time (10 a.m. pacific time) today on three consolidated cases that challenge the legality of Proposition 8, the ballot measure that reinstated California's ban on same-sex marriage. The decision is scheduled to be posted online at this link just as soon as the decision is made public. "Court asked to void $15.8 million award; Driver unfairly revealed to be illegal immigrant, trucking firm says": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "A cement-hauling company is asking the Texas Supreme Court to toss out a $15.8 million verdict, arguing that jurors were improperly told that its gravel truck driver -- involved in a 2002 accident that killed four members of a family -- was an illegal immigrant." Posted at 12:02 PM by Howard Bashman "Background on Judge Sonia Sotomayor": The White House has posted online this information. Posted at 11:37 AM by Howard Bashman In commentary available online at Slate: John Dickerson has an essay entitled "Checking the Boxes: Obama's calculus in choosing Sonia Sotomayor for the Supreme Court." And Emily Bazelon has a jurisprudence essay entitled "The Sotomayor Mystery: Why didn't she explain herself in this year's big race case?" "Court says no exclusive cable rights in apartments": The Associated Press has a report that begins, "A federal appeals court says cable companies cannot have exclusive rights to provide service in apartment buildings that they wire." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Obama picks Sotomayor for high court": The Associated Press has this report, along with a report headlined "Sotomayor thinks of 'real world' impact." And Politico.com has reports headlined "Senate Republicans hold their fire on Sonia Sotomayor" and "Sonia Sotomayor starts taking hits from opposition." View live, online President Obama's announcement of his U.S. Supreme Court nomination: Live coverage from C-SPAN can be viewed by clicking here. The announcement is expected to begin at 10:15 a.m. eastern time. Posted at 10:08 AM by Howard Bashman Access online today's U.S. Supreme Court opinions in argued cases and Order List: The Court has issued three opinions in argued cases today. In early coverage of today's rulings, at "SCOTUSblog" Lyle Denniston has a post titled "Court overrules Michigan v. Jackson." 1. Justice David H. Souter delivered the opinion for a unanimous Court in Abuelhawa v. United States, No. 08-192. You can access the ruling at this link and the oral argument transcript at this link. 2. Justice Antonin Scalia delivered the opinion for the majority in a 5-4 ruling in Montejo v. Louisiana, No. 07-1529. The Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined in the majority opinion. Justice Alito also issued a concurring opinion, in which Justice Kennedy joined. Justice John Paul Stevens issued a dissenting opinion, in which Justices Souter and Ruth Bader Ginsburg joined in full and in which Justice Stephen G. Breyer joined in large part. And Justice Breyer also issued a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link. 3. And Justice Stevens delivered the opinion for the majority in a 5-4 ruling in Haywood v. Drown, No. 07-10374. Justices Kennedy, Souter, Ginsburg, and Breyer joined in the majority opinion. Justice Thomas issued a dissenting opinion, in which the Chief Justice and Justices Scalia and Alito joined in part. 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 one case. At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on Vioxx fraud case." In early news coverage, The Associated Press has reports headlined "Court: Suspect must ask for atty to get protection"; "Court says states can't bar some rights suits"; "Court: Phone drug buys shouldn't bring extra time"; "Court to consider whether to allow Vioxx lawsuits"; and "Court lets stand $13M judgment against Chrysler." "Obama Selects Sotomayor for Court": The New York Times has this news update. The Washington Post has news updates headlined "Officials: Obama Chooses Sotomayor for Supreme Court" and "For Sotomayor, Humble Beginnings to High Court Pick." The Los Angeles Times has a news update headlined "Obama to nominate Sonia Sotomayor to Supreme Court; Sotomayor, a longtime federal jurist in New York, would become the first Latino member of the high court if confirmed by the Senate." The New York Daily News has an update headlined "Who is Sonia Sotomayor? Bronx-born judge would be Supreme Court's first Hispanic justice." ABCNews.com has a written report headlined "Obama Picks Sonia Sotomayor to Replace David Souter on Supreme Court; Sotomayor To Become First Hispanic Supreme Court Justice if Confirmed." And at "The Numbers" blog, Gary Langer has a post titled "Supreme Court Pick: The Public Perspective." CNN.com has reports headlined "Obama to name Sotomayor as Supreme Court nominee" and "Who is Sonia Sotomayor?" and a transcript headlined "Toobin: Sotomayor will be voice for moderate liberalism." "AP source: Obama picks Sotomayor for Supreme Court." The Associated Press has a report that begins, "U.S. President Barack Obama tapped U.S. Circuit Judge Sonia Sotomayor for the Supreme Court on Tuesday, officials said, making her the first Hispanic in history picked to wear the robes of a justice." In addition, The AP has an article headlined "NY judge rises from projects to the Supreme Court." CNN.com is also reporting that Second Circuit Judge Sonia Sotomayor is President Obama's choice, as is The New York Times. Update: The New York Times has this web page providing both a profile of Judge Sotomayor and links to recent articles about her. Earlier this month, Neil A. Lewis had an article headlined "On a Supreme Court Prospect's Resume: 'Baseball Savior'" and Charlie Savage had an article headlined "A Judge's View of Judging Is on the Record." BREAKING NEWS: At 10:15 a.m. eastern time today, President Obama will announce his nominee to replace Justice David H. Souter on the U.S. Supreme Court, The Washington Post is reporting. And The Associated Press reports that "Obama may unveil pick for Supreme Court today." Meanwhile, at "SCOTUSblog," Tom Goldstein has a post titled "The Dynamic of the Nomination of Sonia Sotomayor." "Medical-marijuana patients await county's rollout of ID cards": Today's edition of The San Diego Union-Tribune contains an article that begins, "With the U.S. Supreme Court's refusal last week to consider San Diego County's lawsuit against state medical-marijuana laws, local officials appear poised to begin offering identification cards to qualified patients." Posted at 08:20 AM by Howard Bashman "Libel Tourism: Congress needs to pass a law that makes clear that no American court will enforce libel judgments from countries that provide less protection for the written word." This editorial appears today in The New York Times. Posted at 08:15 AM by Howard Bashman "Clock running on stimulus lawsuits; S.C.'s highest court sets noon deadline for responses from Sanford, McMaster": The State newspaper of Columbia, South Carolina today contains an article that begins, "The S.C. Supreme Court will begin today gathering arguments in two lawsuits that ask the court to determine whether Gov. Mark Sanford must comply with a state budget that requires him to accept a disputed $350 million in federal stimulus money." Posted at 08:07 AM by Howard Bashman "No judging how a justice will turn out; The upbringing and life experiences of Supreme Court picks are not always reliable predictors of where they stand legally": David G. Savage and James Oliphant have this article today in The Los Angeles Times. Today's edition of The Detroit News contains an article headlined "Poll: Gov is a good Supreme Court pick; 51% of voters back Granholm to replace retiring Souter." The Hill reports that "Court fight could commence this week." Politico.com reports that "Conservatives itching for SCOTUS fight." The Washington Times contains an editorial entitled "Questions about Kagan: It's time to come clean about the greens." The St. Petersburg Times contains an editorial entitled "No nominee, but senators ready to fight." In The Wall Street Journal, Bernie Marcus has an op-ed entitled "Business and the Supreme Court: Washington's grab for power makes Obama's pick crucial for contracts." In The New York Daily News, Patrice O'Shaughnessy has an essay entitled "Judge Sonia Sotomayor's consideration for SCOTUS reminder there's more to boro than Stadium, blight." And yesterday in The Montgomery Independent, Bob Martin had an op-ed entitled "Confirmation hearings put Jeff Sessions in the spotlight." Monday, May 25, 2009 "Favorites of Left Don't Make Obama's Court List": This article will appear Tuesday in The New York Times. Posted at 11:00 PM by Howard Bashman  
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