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Tuesday, May 4, 2010 "Liberals fear Obama nominates moderate to court": Jesse J. Holland of The Associated Press has this report. Posted at 12:17 PM by Howard Bashman SCOTUS wait for SG views on AZ immigration law reaches six months‏: Josh Gerstein has this report today at Politico.com. Posted at 11:24 AM by Howard Bashman "Supreme Court closes its front doors to the public": Robert Barnes has this article today in The Washington Post. In addition, Philip Kennicott has an essay entitled "Closing main doors to the Supreme Court sends troubling message." In today's edition of The New York Times, Adam Liptak has an article headlined "Step Away From the Courthouse Doors." The newspaper also cotains an editorial entitled "The Supreme Court's Doors." David G. Savage of The Los Angeles Times has an article headlined "Going up? Not at Supreme Court entrance; For security reasons, the marble steps have been closed to those entering the building; You can still use the steps upon exiting; To see the grand facade, just swivel your head." And Michael Doyle of McClatchy Newspapers reports that "Divided Supreme Court tells visitors to knock at side door." "Justices Agree on Detainee Death Case": Adam Liptak has this article today in The New York Times. Robert Barnes of The Washington Post reports today that "Immigrant's survivors cannot sue federal health officials, Supreme Court rules." David G. Savage of The Los Angeles Times reports that "Court says family can't sue federal doctors over detainee's death; Immigration officials refused a man's repeated requests for a lesion biopsy; After his release, he died of cancer." Bob Egelko of The San Francisco Chronicle reports that "Family can't collect damages in prisoner's death." And The San Diego Union-Tribune reports that "Court rules on liability in man's death; Federal health workers can't be sued individually." "Don't boycott Arizona, ex-Justice O'Connor says": Bob Egelko has this article today in The San Francisco Chronicle. And The Wall Street Journal reports today that "Retired Justice O'Connor Raises Doubt on Arizona Immigration Law." You can freely access the full text of this article via Google News. "Partner's Discrimination Suit Against Firm Headed Back to 3rd Circuit; In an October 2009 decision, a federal judge had concluded that a suit was barred because of the plaintiff's status as a law firm partner": Shannon P. Duffy of The Legal Intelligencer has this report. Posted at 07:58 AM by Howard Bashman "Wanted: A consensus-building justice; Obama is looking for a progressive who can work with, and moderate, the conservative majority on the Supreme Court; The specter of an activist right-wing court weighs on the decision." Christi Parsons and David G. Savage have this article today in The Los Angeles Times. The newspaper also contains an op-ed by Marc Cooper entitled "To replace John Paul Stevens, an atheist; It's something Thomas Jefferson might have done: nominate a nonbeliever to the Supreme Court." "Report: Congress makes too many vague laws." Mark Sherman of The Associated Press has this article. Posted at 07:54 AM by Howard Bashman "Stevens didn't drop the ball; Retiring justice says memory still serves": Abdon M. Pallasch has this article today in The Chicago Sun-Times. The Chicago Tribune reports today that "Supreme Court Justice John Paul Stevens silent on his replacement in speech; Justice bypasses court discussion, instead talks about his beloved Cubs." And The Associated Press reports that "Retiring US Supreme Court justice dons Cubs jacket, speaks in Chicago." Monday, May 3, 2010 "Gov. Chris Christie nominates lawyer Anne M. Patterson to N.J. Supreme Court": The Star-Ledger of Newark, New Jersey has this news update, along with news updates headlined "Gov. Chris Christie's nominee could change character of N.J. Supreme Court"; "N.J. Supreme Court chief justice criticizes Gov. Chris Christie for not reappointing Justice Wallace"; and "Gov. Christie's nominee for N.J. Supreme Court has donated $23,680 to Republicans in past 17 years." And Tuesday's edition of The New York Times will contain an article headlined "Christie, Shunning Precedent, Drops Justice From Court." "Supreme Court sanity calls for filibusters: To restore its proper role and keep away Obama nominees, GOP senators can try Democrats' tactics." Law professor John Yoo had this op-ed yesterday in The Philadelphia Inquirer. Posted at 10:20 PM by Howard Bashman Chief Judge Alex Kozinski's judicial hotness has finally been enshrined in an appellate opinion: So what if he's the opinion's author, as he also nominated himself for the judicial hottie award. A dissenting opinion that Judge Kozinski issued today contains this reference to a law review article that he wrote, "And some of our nation's hottest jurists have called for their more frequent use. See, e.g., Alex Kozinski, Should Reading Legislative History Be an Impeachable Offense?, 31 Suffolk U. L. Rev. 807, 819 (1998)." "Court nominee Liu follows the law: The record of Goodwin Liu, up for a federal appeals court, is that of a moderate; Claims by opponents that he's a left-wing ideologue don't jibe with his openness to libertarian and conservative views." Law professor Richard W. Painter has this op-ed today in The Los Angeles Times. Posted at 05:10 PM by Howard Bashman "Obama Nears Decision on Supreme Court Nominee": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 05:04 PM by Howard Bashman "Free Speech Through the Foggy Lens of Election Law": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 02:08 PM by Howard Bashman "Justices Disagree Over Closing Court's Front Entrance": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." At "SCOTUSblog," Lyle Denniston has a post titled "An entrance closes, over a dissent." And The Associated Press reports that "Supreme Court closing iconic front entrance." "Attorneys agree to block on Oklahoma abortion law": The Associated Press has this report. And today's edition of The Tulsa World contains an article headlined "Abortion law isn't fair, says lawsuit; Ultrasound provision holds some providers to a higher standard, it says." Access online today's Order List and opinions in argued cases of the U.S. Supreme Court: The Court today issued two ruling in argued cases. 1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Hui v. Castaneda, No. 08-1529. You can access the opinion at this link and the oral argument transcript at this link. 2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Renico v. Lett, No. 09-338. Justice John Paul Stevens issued a dissenting opinion in which Justice Sotomayor joined in full and in which Justice Stephen G. Breyer 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 did not grant review in any new cases but called for the views of the Solicitor General in one case. In early news coverage, The Associated Press reports that "Court says feds not liable for immigrant death"; "Brit on Texas death row loses high court appeal"; "High court turns down Delaware over sports betting"; and "Court won't hear appeal on Boy Scouts land rental." "Recent high court cases revive debate on judicial activism": This article appears today in The Washington Post. Posted at 07:58 AM by Howard Bashman "Judicial Supremacy and the Constitution: We need to reclaim the Constitution from the Supreme Court." Robert Lowry Clinton has this essay today at National Review Online. And in today's edition of The Baltimore Sun, law professor Maxwell Stearns has an op-ed entitled "It's a fact: Judges make law; They have to, declaration at Supreme Court hearings to the contrary; Wouldn't it be refreshing to hear this honestly discussed?" "Precedent uncertain for eminent domain lawsuit; The Court of Appeals will soon re-examine whether the state can, on Columbia's behalf, seize private property for the 'public good' in exchange for market-rate compensation": This article appears today in The Columbia Spectator. Posted at 07:42 AM by Howard Bashman "Malpractice suits push two lawyers to the top; Thomas and Adam Malone fight high-stakes cases, win huge verdicts": The Atlanta Journal-Constitution contains this article today. Posted at 07:40 AM by Howard Bashman "Diverse Obama picks changing face of federal judiciary; Slow erosion of conservative, Republican dominance of lower courts largely obscured by Supreme Court debate": This article appears today in The Baltimore Sun. Posted at 07:32 AM by Howard Bashman "A Supreme Court without Protestants?" CNN.com has this report. Posted at 07:24 AM by Howard Bashman "Double Take: What does it mean that young, talented jurists like Goodwin Liu and Miguel Estrada have little shot of Senate confirmation?" Mark Greenbaum has this essay online at The New Republic. Posted at 07:20 AM by Howard Bashman Sunday, May 2, 2010 "Empathetic Judge in 9/11 Suits Seen by Some as Interfering": Monday's edition of The New York Times will contain an article that begins, "Over nearly three decades as a litigator at a downtown law firm, Alvin K. Hellerstein shared a view of the World Trade Center towers with dozens of other colleagues in an office building on Maiden Lane." Posted at 10:25 PM by Howard Bashman "High court hopefuls wonder: What will Betty Weaver do?" In today's edition of The Detroit Free Press, Brian Dickerson has an op-ed that begins, "Whichever party controls the Michigan Supreme Court in 2011 will enjoy an advantage when state legislators negotiate new legislative and congressional boundaries following this year's census." Posted at 10:17 PM by Howard Bashman "Supreme Court rules cross is OK at preserve": This article appeared in yesterday's edition of The Hi-Desert Star of Yucca Valley, California. Posted at 10:14 PM by Howard Bashman "Merits of making Supreme Court bilingual could be lost in translation": CanWest News Service has this report. Posted at 10:11 PM by Howard Bashman Saturday, May 1, 2010 "War court closed, shows 'secret' YouTube video": Carol Rosenberg of The Miami Herald has a news update that begins, "Officers on Saturday morning cleared the public from a war court hearing on whether Canadian captive Omar Khadr was tortured in U.S. custody to screen a 2003 era interrogation video just days after a prosecutor pledged 'no secret evidence.'" The Toronto Globe and Mail has a news update headlined "Senior army officer testifies he changed Khadr document for 'historical purposes.'" And The Toronto Star has a news update headlined "At Khadr hearing, U.S. officer explains changing battle report." "Obama Interviews Kagan for High Court Vacancy": The Wall Street Journal has this news update. You can freely access the full text of the article via Google News. Posted at 08:40 PM by Howard Bashman "Gov. Christie close to making a decision on lifetime tenure for N.J. Justice John Wallace": This article appears today in The Newark Star-Ledger. Posted at 08:37 PM by Howard Bashman "The Court as Mr. Fix-It?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 09:50 AM by Howard Bashman "US won't appeal verdict in case of four framed by FBI; Plaintiffs to get damage judgment of $101.7 million": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "The federal government has decided not to appeal to the Supreme Court a landmark verdict for four men framed by the FBI in a gangland slaying, meaning the plaintiffs will receive a damage judgment that totals $101.7 million, according to one of their lawyers." And The Hartford Courant reports today that "Justice Department Won't Appeal $102 Million Verdict In Boston Wrongful-Conviction Case." "I-95 high court in need of some regional diversity": Mark Sherman of The Associated Press has this report. Posted at 09:44 AM by Howard Bashman "Supreme Court waits for Kagan; The court asked the solicitor general to weigh in on an Arizona immigration case on employer sanctions; A possible nominee to the court, she hasn't responded; Any answer could alienate needed support": David G. Savage has this article today in The Los Angeles Times. And Daniel Klaidman and Ben Adler of Newsweek have a blog post titled "Obama Interviewed Elena Kagan for Supreme Court on Friday." Friday, April 30, 2010 "These facts present a novel question of law: when an owner of a computer consents to its seizure, does that consent include the computer's hard drive even when it was installed by another who claims ownership of it and objects to its seizure?" A three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this ruling today. Posted at 10:54 PM by Howard Bashman "Rare Breed Now: A Justice Who Wasn't a Judge." Adam Liptak will have this front page article Saturday in The New York Times. Posted at 10:42 PM by Howard Bashman "California loses fight to end prison oversight": The Associated Press has a report that begins, "The Schwarzenegger administration lost a legal fight Friday to end oversight of California's prison health care system. A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that a federal judge can continue with a court-appointed receiver to improve inmate medical care." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Obama interviews Thomas, Garland for high court": The Associated Press has this report. Posted at 05:06 PM by Howard Bashman "Judge Keller fined $100,000 for reporting lapse": Chuck Lindell of The Austin American-Statesman has a blog post that begins, "Sharon Keller, presiding judge of the state's highest criminal court, has been fined $100,000 by the Texas Ethics Commission for failing to fully report her income and property holdings on annual personal financial statements." And The Houston Chronicle has a news update headlined "Ethics Commission hits Keller with record fine." You can access the final order of the Texas Ethics Commission at this link. "In Tribute to Kennedy, SG Kagan Reveals Her 'Look of Panic' in First Argument": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 12:20 PM by Howard Bashman Second Circuit vacates the preliminary injunction against the publication, advertising, or distribution of the book "60 Years Later: Coming Through the Rye" and remands for further proceedings: Author J.D. Salinger may have died, but litigation that he initiated lives on. You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. In early news coverage, The Associated Press has a report headlined "NY court: Swedish author likely to lose fight." "Crush Democracy but Save the Kittens: Justice Alito's double standard for the First Amendment." Law professor Richard L. Hasen, author of the "Election Law Blog," has this jurisprudence essay online at Slate. Posted at 10:24 AM by Howard Bashman "ABC News Poll: Public Gives President Obama Latitude in Supreme Court Nomination; Two-thirds Say They're Comfortable Having Obama Make the Choice." ABCNews.com has this report. In today's edition of The Washington Post, Robert Barnes and Jennifer Agiesta report that "Poll affirms a vote for judicial know-how." CNN.com has reports headlined "Sources: White House officials urging liberal pick for court vacancy" and "Obama meets with Supreme Court candidate Sidney Thomas." Reuters reports that "Judge from Montana interviewed for Supreme Court." And U.S. News & World Report has an article headlined "White House Expects Battle Over Supreme Court Nominee; Advisers say Obama's pick will draw controversy no matter who he chooses." "Obama Says Liberal Courts May Have Overreached": Charlie Savage and Sheryl Gay Stolberg have this article today in The New York Times. Posted at 08:17 AM by Howard Bashman Thursday, April 29, 2010 "AP source: Obama interviews Thomas for high court." The Associated Press has this report. Apparently President Obama has identified what the U.S. Supreme Court has been lacking -- two Justices with the same last name serving on the Court at the same time. Posted at 09:00 PM by Howard Bashman "Robert Henry, 10th Circuit's chief appeals judge, steps down": The Oklahoman has a news update that begins, "Robert H. Henry announced today that he is stepping down as chief judge of the 10th Circuit Court of Appeals in Denver, effective midnight Friday. Judge Mary Beck Briscoe, who is based in Kansas, will be the new chief judge, according to a news release." According to her official biography at the Federal Judicial Center's web site, Circuit Judge Mary Beck Briscoe, before joining the Tenth Circuit, had served as chief judge of the Kansas Court of Appeals. Additional information appears at the Tenth Circuit's web site. "Senate Judiciary panel wants court TV coverage": The Associated Press has a report that begins, "The Supreme Court would televise many of its public sessions and cameras would be permitted in lower federal courts, at a judge's discretion, if the Senate Judiciary Committee has its way." And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Senate Committee Advances Federal Court Camera Access." "Showdown at Guantanamo: Khadr won't come to court." Carol Rosenberg of The Miami Herald has this news update. And The Washington Post has a news update headlined "Military tribunal opens hearings on Guantanamo detainee Omar Khadr." "Mojave symbol should stay, high court rules; Clarity in San Diego case elusive": Greg Moran has this article today in The San Diego Union-Tribune. Today's edition of The Press-Enterprise of Riverside, California reports that "Mojave Desert cross can remain on public land, at least for now." David G. Savage of The Los Angeles Times reports that "Supreme Court allows Mojave war memorial cross; It narrowly rules that the 1st Amendment calls for a middle-ground 'policy of accommodation' toward religious displays on public land, not a total ban on symbols of faith." Robert Barnes of The Washington Post reports that "Supreme Court overturns objection to cross on public land." Joan Biskupic of USA Today reports that "Ruling revives efforts for cross on public land." Jess Bravin of The Wall Street Journal reports that "Court Says Cross Can Remain; Mojave Desert Icon Is Deemed More Veterans' Memorial Than Religious Symbol." The Washington Times reports that "Mojave Cross can stay on display in California; Supreme Court defends public religious symbol." Tony Mauro of The National Law Journal reports that "Divided High Court Lets Mojave Cross Memorial Stand." And online at the First Amendment Center, Mauro has an analysis headlined "Legal fight over Mojave cross continues." On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Mojave Cross Ruling Shows A Supreme Court Shift." And on yesterday evening's broadcast of "All Things Considered," Totenberg had an audio segment entitled "Supreme Court: Cross Can Stay On Federal Land." "Elena Kagan Endorsed Controversial Bush Nominees": Sam Stein has this item at "The Huffington Post." Posted at 01:45 PM by Howard Bashman "Ninth Circuit Judge Harry Pregerson to Receive University of California Award": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release. Posted at 01:30 PM by Howard Bashman "Federal appeals Judge Rosemary Pooler recuperates in University Hospital": This article appeared last Saturday in The Post-Standard of Syracuse, New York. Posted at 01:20 PM by Howard Bashman "D.C. delegate: Obama unlikely to pick African-American for Supreme Court." The Hill has this report. Newsweek has posted online an item headlined "Judiciary Advice for Obama: Our distinguished panel of experts makes the case for their favorite candidates to succeed John Paul Stevens on the U.S. Supreme Court." The "Room for Debate" blog of The New York Times offers responses to the question "Who Should Be the Next Justice?" And at the web site of The Christian Science Monitor, Seth Stern has this review of the new book "John Paul Stevens: An Independent Life" by Bill Barnhart and Gene Schlickman. "Judge Has Record on Abortion Issue": In today's edition of The Wall Street Journal, Nathan Koppel has an article that begins, "Recent Supreme Court nominees have come before the Senate with such slim records on abortion that their views were anybody's guess. Not so with Diane Wood, a Chicago federal appellate judge who is on the White House's short list of candidates for the latest high-court vacancy." And today in The Los Angeles Times, columnist Meghan Daum has an op-ed entitled "The Supreme Court could use an oboist: Judge Diane P. Wood plays the oboe; What better quality can there be in a potential nominee to the Supreme Court?" "States test abortion limits": Politico.com has this report. The Oklahoman reports today that "Hearing set on Oklahoma abortion lawsuit; On law's first day, one clinic reports no one changed course after an ultrasound was performed." The Tulsa World reports today that "Tulsa clinic complying with law; But the clinic is involved in challenging a state law requiring ultrasounds before abortions." The Associated Press has reports headlined "Oklahoma pushes legal limits on taxpayers' dime" and "Clinic: New Okla. abortion law hard on patients." The Advocate of Baton Rouge, Louisiana contains a front page article headlined "Senate panel alters, backs abortion bill; One mandate on ultrasound dropped." And The Miami Herald contains an article headlined "Senate advances conservative agenda; The state Senate veered right and prepared to vote on abortion, school prayer and redistricting." "Federal Appeals Court Nominee Faces Tough Questioning": Today's edition of The Hartford Courant contains an article that begins, "Federal appeals court nominee Robert N. Chatigny was battered Wednesday by U.S. Senate Republicans, who subjected him to nearly two hours of criticism over his handling of a legal hearing five years ago that postponed the execution of serial killer Michael Ross." And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "GOP Senators Hammer Nominee on Death Penalty Case." "Obama warns of a 'conservative' judicial activism": The Associated Press has this report. And "The Caucus" blog of The New York Times has a post titled "Up in the Air, Obama Meets the Press." Wednesday, April 28, 2010 "What's Your Sign? A Supreme Court case that puts Scalia and gay rights advocates on the same side." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 08:50 PM by Howard Bashman "Justices' Ruling Blocks Cross Removal": Adam Liptak will have this article Thursday in The New York Times. Warren Richey of The Christian Science Monitor reports that "Vets win Supreme Court victory in 'Mojave cross' case; The cross on a desert hilltop in the Mojave National Preserve in California has stood since 1934. Opponents say having the Mojave cross on public land violates the constitutional prohibition on government endorsement of religion." And Bill Mears of CNN.com reports that "High court rules cross doesn't violate separation of church and state." "Conservative group doesn't sway Scalia in ballot signature case": Les Blumenthal of McClatchy Newspapers has this report. And The Seattle Times has a news update headlined "Supreme Court skeptical on keeping Ref. 71 petition names secret: Democracy takes 'civic courage.'" "New war court manual reaches Guantanamo": Carol Rosenberg of The Miami Herald has this news update. Posted at 08:14 PM by Howard Bashman "Jury sides with SM company in love-doll case": The North County Times of Escondido, California has a news update that begins, "A Valley Center man must pay nearly $300,000 to his former employer after breaking away to start his own love-doll company, a Vista Superior Court jury decided Wednesday." Earlier, the newspaper reported that "'Love doll' entrepreneurs battle in North County court." "Stevens hears last argument as justice": Jesse J. Holland of The Associated Press has this report. Posted at 05:10 PM by Howard Bashman "On Supreme Court's Final Argument Day, First Amendment Dominates": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 02:15 PM by Howard Bashman "Much ado about a little cross": Lyle Denniston has this post at "SCOTUSblog." Posted at 02:13 PM by Howard Bashman "NJ court agrees to hear US senator recall case": The Associated Press has a report that begins, "New Jersey's highest court has agreed to hear the case of a tea party group seeking to recall one of the state's U.S. senators." Posted at 02:08 PM by Howard Bashman "Supreme Court supports cross on federal land in Calif." Robert Barnes of The Washington Post has this news update. Posted at 01:58 PM by Howard Bashman "Jessica Seinfeld wins NY culinary copycat claim": The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 01:50 PM by Howard Bashman "Without Scalia, whither anonymity?" At "SCOTUSblog," Lyle Denniston has a post that begins, "Justice Antonin Scalia, using history, sarcasm and political taunts, laid down a barrage of objections Wednesday to a plea that the Supreme Court create a new constitutional right of anonymity for individuals who sign petitions to get policy measures onto election ballots." And Jesse J. Holland of The Associated Press reports that "Court skeptical on keeping signers' names private." "Supreme Court says Mojave cross can stand; In a divided ruling, the justices rule that the 1st Amendment calls for 'accommodation' of religious displays on public land rather than strict separation of church and state": David G. Savage of The Los Angeles Times has this news update. And Greg Stohr of Bloomberg News reports that "Cross in National Preserve Backed by U.S. High Court." "This is another case brought by Michigan trial attorney and politician Geoffrey Fieger regarding his feud with several justices of the Michigan Supreme Court." So begins an opinion that the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 10:28 AM by Howard Bashman Access online today's ruling of the U.S. Supreme Court in an argued case: The Court today issued its ruling in Salazar v. Buono, No. 08-472, the case involving the Mojave cross. You can access the Court's ruling at this link and the oral argument transcript at this link. Justice Anthony M. Kennedy announced the judgment of the Court and delivered an opinion in which the Chief Justice joined and Justice Samuel A. Alito, Jr. joined in part. The Chief Justice issued a concurring opinion. Justice Alito issued an opinion concurring in part and concurring in the judgment. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined. Justice John Paul Stevens issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. And Justice Stephen G. Breyer issued a dissenting opinion. In early news coverage, The Associated Press reports that "High court says Mojave cross in Calif. can remain." Update: It is interesting to note that the case will now be remanded for the district court to conduct proceedings that a majority of the Justices view as unnecessary or inappropriate. "Court: Oneida Indian Nation can ignore tax collector." Today's edition of The Post-Standard of Syracuse, New York contains an article that begins, "When the U.S. Supreme Court ruled in 2005 that the Oneida Indian Nation had to pay property taxes, much of Madison and Oneida counties rejoiced. A federal appeals court on Tuesday, however, stripped the counties of the power to actually collect those taxes. A panel of the 2nd Circuit Court of Appeals said that, while the tribe might owe taxes, it can't be taken to court because it's sovereign." The Oneida Daily Dispatch reports today that "Court rules that Madison and Oneida counties can't foreclose on Oneida Indian Nation land." And The Utica Observer-Dispatch contains an article headlined "US judges: Counties can't foreclose on Oneidas." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Calif. Justices Sharply Divided in Arbitration Ruling": Mike McKee of The Recorder has this report. My earlier coverage of Monday's California Supreme Court ruling appears at this link. "Mayer Brown Not Liable for Losses of Refco Investors, 2nd Circuit Decides; Lawsuit is one of three against the law firm that has been dismissed in the Southern District of New York; another suit is still pending": Mark Hamblett has this article today in the New York Law Journal. My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Ninth Circuit Nuttiness: A ruling that only plaintiffs attorneys could love." This editorial appears today in The Wall Street Journal. You can freely access the full text of the editorial via Google News. Posted at 08:25 AM by Howard Bashman "Top court candidates differ on use of presidential power; Elena Kagan seems to have the broadest view, which worries some liberal legal analysts": David G. Savage has this article today in The Los Angeles Times. In today's edition of The New York Times, Charlie Savage has an article headlined "How Bombing Case Helped Shape Career of a Potential Justice." In Monday's edition of The Washington Post, columnist E.J. Dionne Jr. had an op-ed entitled "The right court fight." And at Salon.com, Glenn Greenwald has a blog post titled "Larry Lessig's 'case for Kagan' is the opposite." "High court rules with investors in lawsuit against Merck": This article appears today in The Philadelphia Inquirer. And Tony Mauro of The National Law Journal reports that "Justices Give Boost to Securities Fraud Plaintiffs in Merck Ruling." Tuesday, April 27, 2010 What effect, if any, does the withdrawal of a timely-filed post-judgment motion have on the time to appeal from the judgment in a civil case in federal court? A divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this interesting decision today. I believe that Circuit Judge Carlos F. Lucero's dissenting opinion -- which argues that the notice of appeal was timely or, at worst, premature -- has the better of this argument. "Oklahoma abortion bills become law": The Oklahoman has this news update. And The Associated Press reports that "Abortion-rights group sues to block Okla. bill." "Getting His Clerkship: How Winning a Coin Flip (Among Other Things) Led John Paul Stevens to Become a Law Clerk to Justice Wiley Rutledge." Law professor John Q. Barrett has this interesting post today at "SCOTUSblog." Posted at 08:14 PM by Howard Bashman Second Circuit determines whether a corporation's outside counsel can be liable for false statements that those attorneys allegedly create, but which are not attributed to the law firm or its attorneys at the time the statements were disseminated: Today's ruling affirms the dismissal of a securities fraud lawsuit that sought to hold the Mayer Brown law firm liable for matters that allegedly occurred during its representation of the now-bankrupt brokerage firm Refco Inc. Posted at 02:50 PM by Howard Bashman "Supreme Court questions ban of biotech alfalfa": The Associated Press has this report. Posted at 01:30 PM by Howard Bashman "Selecting Stevens' Successor; Politics recedes as a critical factor": Tom Goldstein has this lengthy post today at "SCOTUSblog." Posted at 01:27 PM by Howard Bashman "Key GOP Backing May Help Obama Nominee From Connecticut": Today's edition of The Hartford Courant contains an article that begins, "Strong support from influential Republicans with ties to the Justice Department appears to have substantially weakened partisan opposition to President Barack Obama's nomination of Hartford District Judge Robert N. Chatigny to the U.S. 2nd Circuit Court of Appeals." Posted at 01:24 PM by Howard Bashman "Court seems eager to tackle violent video games": Tony Mauro has this analysis online at the First Amendment Center. Posted at 01:22 PM by Howard Bashman Today's ruling of the U.S. Supreme Court in argued cases: The Court today issued two opinions in argued cases. 1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., No. 08-1198. The vote was 5-3 to reverse. The Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined in the majority opinion. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens and Stephen G. Breyer joined. Justice Sonia Sotomayor did not take part in the ruling. You can access the oral argument transcript at this link. 2. And Justice Breyer delivered the opinion of the Court in Merck & Co. v. Reynolds, No. 08-905. The vote was 9-0 to affirm. The Chief Justice and Justices Kennedy, Ginsburg, Alito, and Sotomayor joined in the majority opinion. Justice Stevens issued an opinion concurring in part and concurring in the judgment. And Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. You can access the oral argument transcript at this link. In early news coverage, The Associated Press reports that "Court says Vioxx lawsuits can proceed." "High court takes video game case; Calif. wants restriction on 'deviant' images": Joan Biskupic has this article today in USA Today. And in today's edition of The San Jose Mercury News, Howard Mintz and Troy Wolverton report that "U.S. Supreme Court to consider California's violent video game law." "Wal-Mart Gender Case Divides Court": This article appears today in The New York Times. The Washington Post reports today that "Appeals court upholds women's right to sue Wal-Mart for alleged discrimination." The Wall Street Journal reports that "Bias Suit Advances Against Wal-Mart." You can freely access the full text of the article via Google News. Financial Times reports that "Walmart to seek lawsuit review." Dan Levine of The Recorder reports that "9th Circuit OKs Huge Wal-Mart Class." And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Wal-Mart To Face Massive Discrimination Lawsuit." My earlier coverage of yesterday's en banc Ninth Circuit ruling appears here and here. "The First Amendment and Kittens": Stanley Fish has this post at the "Opinionator" blog of The New York Times. Posted at 08:22 AM by Howard Bashman "Federal Circuit Reverses $4.3 Million Sanction Against McDermott and Medtronic; Though vitiating a Colorado federal judge's order, the Federal Circuit panel made a point of noting that judges should still rule their courtrooms as they see fit": law.com has this report. My earlier coverage of yesterday's Federal Circuit ruling appears at this link. "Breathing While Undocumented": Linda Greenhouse has this op-ed today in The New York Times. Posted at 07:50 AM by Howard Bashman "Jailbirds Order Up Hot Wings; Junk Food Lifts Inmates' Spirits, Prison Revenue, but Envy and Diet Are Concerns": Today's edition of The Wall Street Journal contains an article that begins, "In a bid to raise cash and keep the peace in crowded jails, wardens nationwide are offering inmates the chance to order meatball subs, cheeseburgers, chicken parmesan--even a 'Pizza and Wings Party Pack,' complete with celery, blue cheese and a Pepsi. The program goes beyond the old-fashioned prison commissary, with its cup-a-soups and bags of chips, and it can be quite lucrative for corrections departments." Posted at 07:48 AM by Howard Bashman "Possible court nominee had ties with Goldman; Solicitor General Kagan served on advisory panel": This article appears today in USA Today. Today's edition of The Wall Street Journal reports that "Kagan's Harvard Stint Could Be Selling Point; Record as Conciliator in Law-School Post May Help Win Republican Support for Potential Supreme Court Nomination." Bloomberg News reports that "Some Democrats Urge Obama to Avoid Fight Over High Court Choice." In yesterday's edition of The Philadelphia Inquirer, law professor Craig Green had an op-ed entitled "Left's answer to John Roberts: As with the chief justice, a nomination of Merrick Garland to the high court would be hard to fight." Green clerked for Garland on the D.C. Circuit. And at "SCOTUSblog," Tom Goldstein has a lengthy post titled "The Potential Nomination of Merrick Garland: Analysis of his record." "Terror suspect's confessions at issue; Canadian Omar Khadr heads for a military commission, where a judge will decide whether to allow his confessions to be used during his summertime war-court trial": Carol Rosenberg has this article today in The Miami Herald. Posted at 07:20 AM by Howard Bashman Monday, April 26, 2010 "The issue in this case boils down to a simple question: Where's the beef?" So begins an opinion that Circuit Judge Richard C. Tallman issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. A related YouTube video -- not from the Ninth Circuit's official YouTube channel -- can be accessed here. "Oklahoma House overrides vetoes on two anti-abortion bills": The Oklahoman has this news update. And The Associated Press reports that "Okla. House overrides abortion restrictions vetoes." "Justices to Consider Law Limiting the Sale of Violent Video Games": Adam Liptak will have this article Tuesday in The New York Times. In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court to enter fight over violent video games." And in Tuesday's edition of The Los Angeles Times, Ben Fritz and David G. Savage will have an article headlined "Supreme Court to hear case on violent video games; The high court agrees to decide whether California and six other states can forbid the sale to minors of video games that show images of humans being maimed, killed or sexually assaulted." "Justice by the Hour: The Supreme Court tangles with mandatory arbitration clauses." Dahlia Lithwick has this Supreme Court dispatch online at Slate. You can access at this link the transcript of today's U.S. Supreme Court oral argument in Rent-A-Center, West, Inc. v. Jackson, No. 09-497. Three-judge Federal Circuit panel vacates notable attorneys' fee award that Senior U.S. District Judge Richard P. Matsch had entered against lawyers from McDermott, Will & Emery in the Medtronic v. BrainLAB case: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. Judge Matsch's imposition of sanctions, which the Federal Circuit has now set aside, received much press coverage. The Denver Post reported that "Judge makes lawyers pay for frivolity; With the verdict overturned, two attorneys must pay the others' fees." The Recorder, via law.com, reported that "Federal Judge Blasts Top IP Litigators; Ruling comes in patent fight between medical device companies Medtronic and BrainLAB." And WSJ.com's "Law Blog" had a post titled "Judge Matsch Drops the Gavel on McDermott Lawyers," which linked to the trial court's sanctions ruling. In an earlier ruling on the merits of the case, the Federal Circuit upheld Judge Matsch's decision setting aside the jury's verdict in favor of Medtronic and granting judgment as a matter of law in favor of BrainLAB. Divided Supreme Court of California expands availability of judicial review of legally erroneous arbitration decisions in employment discrimination cases: You can access today's 4-3 ruling of California's highest court at this link. Posted at 05:35 PM by Howard Bashman "Supreme Court to hear case on violent video games; The high court agrees to decide whether California and six other states can forbid the sale to minors of video games that show images of humans being maimed, killed or sexually assaulted": David G. Savage of The Los Angeles Times has this news update. The San Francisco Chronicle has a news update headlined "Violent video-game ban for kids to get hearing." Michael Doyle of McClatchy Newspapers reports that "Supreme Court to review ban on sale of violent video games to minors." Warren Richey of The Christian Science Monitor reports that "Supreme Court to take up sale of violent video games to minors; The Supreme Court will hear arguments on the constitutionality of a ban on the sale of violent video games to minors by the state of California." Bill Mears of CNN.com reports that "High court accepts case over violent video games." James Vicini of Reuters reports that "Top court to rule on California video game law." Greg Stohr of Bloomberg News reports that "Violent Video Game Law Gets Top U.S. Court Hearing." And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Takes on Video Game Sales." "Once-ousted Bush prosecutor promotes Guantanamo war court": Carol Rosenberg of The Miami Herald has a news update that begins, "For hearings on whether U.S. forces tortured confessions out of a Canadian teenager accused of killing an American soldier in Afghanistan, the Pentagon Monday unveiled a new face to advocate military commissions: Fired former Bush-era prosecutor David Iglesias, a key figure in the so-called Attorney-Gate scandal." Posted at 04:58 PM by Howard Bashman "High Court Faces Blockbuster Cases as Stevens' Retirement Nears": Marcia Coyle of The National Law Journal has this report. Posted at 04:43 PM by Howard Bashman Supreme Court of Pennsylvania asked to decide whether playing Texas hold 'em poker for anything of value constitutes illegal gambling under state law: I have filed this Petition for Allowance of Appeal today in Pennsylvania's highest court. The trial court's ruling in my clients' favor can be accessed here. Last month's ruling of a divided three-judge panel of the Superior Court of Pennsylvania in favor of the prosecution can be accessed here. "Court: Wal-Mart gender pay lawsuit can go to trial." Bill Mears of CNN.com has this report. Financial Times reports that "Massive Walmart class action suit to proceed." And Dow Jones Newswires report that "Wal-Mart Hit With Set-Back In Alleged Sex Discrimination." "WH: No Supreme Court pick this week." The Associated Press has this report. Posted at 02:15 PM by Howard Bashman "Court: Wal-Mart to face massive class action suit." The Associated Press has a report that begins, "A divided federal appeals court in San Francisco says Wal-Mart Stores Inc. must face a massive class-action lawsuit that claims the world's largest private employer discriminates against women workers." Reuters reports that "U.S. court lets Wal-Mart gender bias suit proceed; Appeals court backs class-action for injunctive relief." And Bloomberg News reports that "Wal-Mart Workers Can Sue as Group in Gender Bias Case." You can access today's 6-5 ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in two cases and called for the views of the Solicitor General in one case. At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on violent video games." And in early news coverage, The Associated Press has reports headlined "Court to decide if state can regulate video games"; "Court to hear appeal in guard's sexual assault"; and "Court stays out of Asian carp dispute." "States seek new ways to restrict abortions; Nebraska law leads way as 'free-for-all' erupts": This front page article appears today in USA Today. Posted at 07:22 AM by Howard Bashman Sunday, April 25, 2010 "Sensitivity to 'ordinary Americans' a key criterion of court nominees": Robert Barnes and Anne E. Kornblut will have this article Monday in The Washington Post. Monday's edition of The New York Times will contain an article headlined "In Court Nominees, Is Obama Looking for Empathy by Another Name?" And The Hill reports that "Black Caucus meeting to plot its strategy for Supreme Court nod." "Court fight looms on new immigration law; Legislation vulnerable to challenge, says expert; supporters argue it's legally sound": This article appears today in The Arizona Republic. Posted at 03:37 PM by Howard Bashman "Granholm: I would be 'unconventional' pick for Stevens' Supreme Court seat." The Hill has this blog post today. And The Associated Press has a report that begins, "Granholm: High court nominee not have to be judge." "Supreme Court takes up Wash. case involving disclosure of petition signatures; The case could decide whether signing a petition for a ballot measure is private or whether the names of signers can be made public": This article appears today in The Seattle Times. Les Blumenthal of McClatchy Newspapers has an article headlined "Supreme Court case: Do gay rights foes have right to privacy?" And Harriet Robbins Ost of UPI has an article headlined "U.S. Supreme Court: LGBTs and conservatives ironically switch positions in petition-signing disclosure case." "State's death penalty: a hollow promise? 'The death penalty in California doesn't really exist,' one victim's father says of a system that has been declared dysfunctional by a state commission." The San Diego Union-Tribune contains this article today. Posted at 01:34 PM by Howard Bashman "Biotech crops go before Supreme Court this week": This article appears today in The Des Moines Register. Posted at 01:25 PM by Howard Bashman "Inside the Ninth Circuit": John Schwartz has this post at "The Bay Area" blog of The New York Times. Posted at 01:22 PM by Howard Bashman "U.S. Supreme Court: For some, the hell of what might have been." Michael Kirkland of UPI has this report. Posted at 10:40 AM by Howard Bashman "Mardi Gras coconut sets off a legal drama; A woman files a negligence suit after she says she was struck in the head during a New Orleans parade": This article appears today in The Los Angeles Times. Posted at 10:38 AM by Howard Bashman "'Liberal' Reputation Precedes Ninth Circuit Court": John Schwartz has this article today in The New York Times. Today's edition of The Washington Post contains an editorial entitled "Judging Mr. Liu." And in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed headlined "Gordon [sic] Liu -- wrong man for the Ninth Circuit." Saturday, April 24, 2010 "Charges dropped against driver who made deer-killing video": This article appeared yesterday in The St. Louis Post-Dispatch. Yesterday's edition of The Telegraph of Alton, Illinois contained an article headlined "Charges dropped in 'Deer Commander' case; Supreme Court ruling benefits Kampsville man." And The Associated Press reports that "Ruling aids driver who rammed deer; After precedent, prosecution has to drop charges."  
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