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US Senate confirms William Barr to be US Attorney General (again)

As reported in this NBC News piece, "President Donald Trump's attorney general nominee William Barr was confirmed in the Senate on Thursday to take over the Justice Department as attorney general, where he will oversee special counsel Robert Mueller's Russia probe." Here is more: Barr, 68, was confirmed in a 54-45 vote that largely fell along party lines. He will be sworn in Thursday afternoon in the Oval Office by Supreme Court Chief Justice John Roberts, the White House told NBC News. Barr wa...
Tags: Law, Senate, White House, Russia, US, Alabama, West Virginia, US Senate, Donald Trump, Doj, Justice Department, Senate Judiciary Committee, John Roberts, George H W Bush, AG, Mueller


Thursday round-up

In an op-ed for The New York Times, Linda Greenhouse writes that Chief Justice John Roberts’ vote last week in June Medical Services v. Gee to temporarily block a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals was not surprising, because “circumstances compelled the chief justice to stand up to a stunning act of judicial defiance” by the U.S. Court of Appeals for the 5th Circuit. At Take Care, Brianne Gorod and Rebecca Damante argue that “wha...
Tags: Supreme Court, Law, Court, Alabama, Ap, Fox News, Louisiana, Ruth Bader Ginsburg, Ray, Round-up, Mark Sherman, U S Supreme Court, John Roberts, George Barna, Roberts, U S Court of Appeals


Federal district judge finds Alabama sex offender license plate and internet provisions violate First Amendment

Thanks to this post by Jacob Sullum at Reason, I see some notable constitutional reasoning has brought down two extreme sex offender provisions in Alabama law.  The full title of this reason posting provides the basics: "'Sex Offenders Are Not Second-Class Citizens,' Says Judge While Nixing Alabama Rules on First Amendment Grounds: The decision rejects driver's licenses labeled "CRIMINAL SEX OFFENDER" and a broad demand for reports on internet use." Here paragraphs from the posting (with a link ...
Tags: Law, Alabama, Watkins, Keith Watkins, Jacob Sullum, Douglas A Berman


Wednesday round-up

Briefly: At CNN, Ariane de Vogue and Ted Barrett report that “Republican Sen. Susan Collins, a supporter of abortion rights who cast a critical vote to confirm Justice Brett Kavanaugh, said in an interview with CNN that despite his vote in a recent abortion access case, [June Medical Services v. Gee,] she did not believe Kavanaugh would ultimately vote to overturn Roe v. Wade.” At Constitution Daily, Lyle Denniston reports that “the Supreme Court on Monday set the stage for acting soon – probab...
Tags: Supreme Court, Law, Alabama, America, Cnn, United States, Fca, Round-up, Lyle Denniston, U S Supreme Court, U S Department of Justice, The Supreme Court, Adam Feldman, NFIB, Kavanaugh, Sen Susan Collins


Tuesday round-up

In an op-ed for The New York Times, Alan Cross weighs in on the court’s 5-4 decision last week to allow Alabama to execute a Muslim inmate who had challenged Alabama’s refusal to permit an imam to be by his side when he died, noting that “[w]hat has gone largely unnoticed, but is in fact much more disturbing, is what Alabama did while the Ray case made its way through the courts: To further protect itself from Mr. Ray’s challenge, the state indicated it would end the practice of having a chaplai...
Tags: Supreme Court, Law, Alabama, America, United States, Louisiana, Ray, Trump, Round-up, Larrabee, Howe, Steven Mazie, Kavanaugh, Amy Howe, Knick, Rimini Street Inc


Monday round-up

Amy Howe covers last week’s Supreme Court news, including action “in cases asking the justices to intervene in cases involving the death penalty and abortion,” in a podcast at Howe on the Court. At First Mondays (podcast), Howe joins the hosts to expand on those topics. At The Daily Signal, Elizabeth Slattery observes that after last Thursday’s order in in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privil...
Tags: Supreme Court, Law, Alabama, America, Bloomberg, Federal Communications Commission, Louisiana, Economist, ABA Journal, Round-up, John Roberts, Fourth Circuit, Robert Barnes, Roberts, Howe, Adam Liptak


Law and Boutier win Vic Open titles as Moynihan makes history

David Law and Celine Boutier triumphed at the ISPS Handa Vic Open. Picture: Getty Images Scotland's David Law clinched a life-changing win in the innovative ISPS Handa Vic Open as Ireland's Gavin Moynihan etched his name in European Tour history.Michael Hoey closed with a 69 to tie for 17th with Paul Dunne, who posted a one-over 73 at 13th Beach Golf Club near Melbourne to leave t...
Tags: England, Law, Scotland, Alabama, Sport, Ireland, Golf, European Tour, Belgium, Wade Ormsby, Melbourne, Padraig Harrington, University Of Alabama, Moynihan, Maguire, Duke University


Non Sequiturs: 02.10.19

* Irina Manta, a recent addition to the roster of Volokh Conspirators, assesses some of the attacks leveled against D.C. Circuit nominee Neomi Rao. [Volokh Conspiracy / Reason] * In other nomination news, Thomas Jipping explains why conservatives should temper their excitement over those 44 judicial nominees who just got reported out of the Senate Judiciary Committee. [Bench Memos / National Review] * Michael Dorf's take on Chief Justice John Roberts joining the four liberals on the Supreme Co...
Tags: Technology, Supreme Court, Law, Scotus, Religion, Alabama, Blogging, Death Penalty, Abortion, Capital punishment, Louisiana, Litigation, Legal Technology, Litigators, Casetext, John Roberts


Friday round-up

Last night the Supreme Court, by a vote of 5-4, with Chief Justice John Roberts joining the more liberal justices, blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals from going into effect pending appeal. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. For , Brent Kendall and Jess Bravin report that “[b]y staying the effect of the lower-court ruling, the justices likely committed themselves to giving a ful...
Tags: Supreme Court, Law, Court, Alabama, New York Times, Federal Communications Commission, Louisiana, Round-up, John Roberts, Fourth Circuit, Roberts, Howe, Adam Liptak, Jess Bravin, Brent Kendall, Michael Dorf


Divided court allows Alabama execution to go forward

A divided Supreme Court cleared the way for Alabama to execute a Muslim inmate after denying his request to have an imam at his side in the execution chamber, even though the prison would allow a Christian chaplain to be present in the chamber. By a vote of 5-4, imposed yesterday by the U.S. Court of Appeals for the 11th Circuit. The Atlanta-based court had put the execution of Domineque Ray, who was convicted of raping and murdering 15-year-old Tiffany Harville in 1995, on hold, reasoning tha...
Tags: Featured, Supreme Court, Law, Alabama, Atlanta, Ray, Sonia Sotomayor, Howe, Elena Kagan, Kagan, 11th Circuit, What's Happening Now, U S Court of Appeals for the 11th Circuit, Justices Ruth Bader Ginsburg Stephen Breyer, Domineque Ray, Tiffany Harville


US Supreme Court, voting 5-4, vacates Eleventh Circuit stay of execution in Alabama for Muslim death row prisoner

The Supreme Court this evening, voting 5-4 along usual ideological lines, vacated the stay of execution entered yesterday by the Eleventh Circuit to allow the court to hear an Alabama death row defendant's religious liberty claims concerning who could be present at his execution.  The opinion of the majority of the court runs these two paragraphs: The application to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eleventh Circuit on Februa...
Tags: Supreme Court, Law, Court, Alabama, Johnson, US supreme court, Ray, State, Sotomayor, Kagan, Holman Correctional Facility, O'Connor, Eleventh Circuit, United States Court of Appeals, Dugger, Douglas A Berman


Eleventh Circuit panel grants stay of execution in Alabama for Muslim death row prisoner

I highlighted in recent posts here and here the notable religious claims being made by Domineque Ray, who is scheduled to be executed by Alabama on Thursday.  A helpful reader alerted me to this new unanimous 28-page panel ruling from the Eleventh Circuit which grants a stay.  Here is how the opinion starts and a few key paragraph within: Petitioner Domineque Ray has moved this Court for an emergency stay of his execution, scheduled to take place at 6:00 p.m. (CST) on February 7, 2019 at the Ho...
Tags: Law, Alabama, Ray, Holman Correctional Facility, Eleventh Circuit, Holman, Clerk of Court, Douglas A Berman, Atmore Alabama, Domineque Ray, Tiffany Harville, Petitioner Domineque Ray, Warden Ray, US Supreme Court Stay


Eleventh Circuit panel grants stay of execution in Alabama for Muslin death row prisoner

I highlighted in recent posts here and here the notable religious claims being made by Domineque Ray, who is scheduled to be executed by Alabama on Thursday.  A helpful reader alerted me to this new unanimous 28-page panel ruling from the Eleventh Circuit which grants a stay.  Here is how the opinion starts and a few key paragraph within: Petitioner Domineque Ray has moved this Court for an emergency stay of his execution, scheduled to take place at 6:00 p.m. (CST) on February 7, 2019 at the Ho...
Tags: Law, Alabama, Ray, Holman Correctional Facility, Eleventh Circuit, Holman, Clerk of Court, Douglas A Berman, Atmore Alabama, Domineque Ray, Tiffany Harville, Petitioner Domineque Ray, Warden Ray, US Supreme Court Stay


Litigation update on Alabama death row prisoner denied Muslim spiritual adviser for upcoming execution

I highlighted in this post last week the notable religious claims being made by Domineque Ray, who is scheduled to be executed by Alabama this coming Thursday.  I just saw this local article from a few days ago, headlined "Judge denies stay of execution for Alabama inmate," which provides this update on the state of the litigation: A federal judge on Friday denied a stay of execution request from a Muslim death row inmate who claimed the absence of his spiritual adviser in Alabama's death chamb...
Tags: Supreme Court, Law, Alabama, Hobbs, Associated Press, Ray, State, Alabama Department of Corrections, Court of Appeals, District Court, Alito, Watkins, Keith Watkins, Holt, Hahn, Eleventh Circuit


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address what a plaintiff must prove to be entitled to patent damages based on the entire market value of a product; the constitutionality of appointing a labor union to represent and speak for nonmember, public-sector employees; and the proper way to assess prejudice under Strickland v. Washington.  The petitions of the week are: Uradnik v. Inter Faculty Organization 18-719 Issue: Whether it violates the First Amend...
Tags: Supreme Court, Law, Washington, Alabama, Strickland, Fairchild Semiconductor International Inc, Cases in the Pipeline, Power Integrations Inc, Uradnik, Inter Faculty Organization


Condemned Alabama inmate seeks stay of execution based on notable religious claims

As reported in this local story, "Alabama Death Row inmate set to die by lethal injection next week claims his execution should be stayed because the prison won’t let him have a Muslim spiritual adviser present in the execution chamber."  Here is more about a notable effort to put off an execution: Domineque Ray, 42, is set to be executed at Holman Prison on Feb. 7 at 6 p.m. by lethal injection for the 1995 killing, rape, and robbery of 15-year-old Tiffany Harville. On Monday, Ray’s lawyers fil...
Tags: Law, Alabama, Muslim, Christian, Ray, Stewart, Holman, Douglas A Berman, Holman Prison, Mr Ray, Domineque Ray, Tiffany Harville On Monday Ray, Cynthia Stewart, John Palombi, Spencer Hahn, Palombi


Relist Watch

John Elwood previews February’s likely relists. We’re now in the middle of the Supreme Court’s nearly month-long midwinter hiatus between conferences. This means that the court hasn’t actually relisted the cases that it wishes to consider again after the January 18 conference, and probably won’t do so until closer to February 11. Still, we have a pretty good idea of which cases will be relisted. But before we head on to that, let’s bid farewell to the relisted cases that moved on to fairer clime...
Tags: Texas, Featured, Mississippi, Supreme Court, Law, Congress, Planned Parenthood, Virginia, Freedom, Alabama, Indiana, Dhs, United States, Williams, House Of Representatives, Davis


Court-Appointed Lawyers: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

My question involves criminal law for the state of: Alabama. My previous court-appointed lawyer withdrew off my case and the judge give me another one which is the municipal court prosecutor of the city that I got my charges from. Is this possible?
Tags: Law, Alabama, Criminal Defense Lawyers


A year after denial, Henry Montgomery (of Montgomery v. Louisiana) to get parole reconsideration by parole board

In every area of criminal law, as many are seeing in real time with the FIRST STEP Act, the implementation of any legal changes can be almost as important as the legal changes themselves.  The high-profile case of 72-year-old Henry Montgomery, who won in the Supreme Court with his claim that the landmark Eighth Amendment decision in Miller v. Alabama must be applied retroactively, continues to demonstrate this fact.  Though granted a chance at parole after serving more than 50 years on a murder ...
Tags: Supreme Court, Law, Alabama, Pennsylvania, Angola, Michigan, Louisiana, Montgomery, Miller, Abbott, U S Supreme Court, Baton Rouge, Louisiana State Penitentiary, Henry Montgomery, Douglas A Berman, East Baton Rouge Sheriff


Discovery: Can I Correct My Subpoena After Opposing Party File a Motion to Quash

My question involves court procedures for the state of: Alabama. Opposing party lawyer stated I issued the subpoena to wrong person. I issued the subpoena to the lawyer for a audio recording him took doing our trail. The defendant lawyer said that I should have issued it to defendant. Is it to later for me to correct my wrongs?
Tags: Law, Alabama, Civil Procedure


Help

My question involves landlord-tenant law in the State of: Alabama. Can the seller/landlord make me pay insurance own a Warrant of Deed home but insurance still be in his name?
Tags: Law, Alabama, Landlord-Tenant Law


Rental Agreements: Can a Landlord Require You to Pay for Insurance in His Name

My question involves landlord-tenant law in the State of: Alabama. Can the seller/landlord make me pay insurance own a Warrant of Deed home but insurance still be in his name?
Tags: Law, Alabama, Landlord-Tenant Law


Help

My question involves real estate located in the State of: Alabama. Can a lawyer acting as a Agent be liable for not following Lead Base Paint Disclosure Act?
Tags: Law, Alabama, Buying, Selling and Conveying Real Estate


Seller Disclosure: Responsibility to Disclose Lead Paint in a Home Sale

My question involves real estate located in the State of: Alabama. Can a lawyer acting as a Agent be liable for not following Lead Base Paint Disclosure Act?
Tags: Law, Alabama, Buying, Selling and Conveying Real Estate


Home Insurance: Help

My question involves insurance law for the state of: Alabama. If I have Warrant of Deed Contact can my seller/landlord make me pay insurance for house but the insurance and his name?
Tags: Law, Alabama, Insurance Law


Land Contracts: Can a Seller on a Contract for Deed Make You Buy Insurance in His Name

My question involves insurance law for the state of: Alabama. If I have Warrant of Deed Contact can my seller/landlord make me pay insurance for house but the insurance and his name?
Tags: Law, Alabama, Buying, Selling and Conveying Real Estate


Kirsten Gillibrand’s Biglaw Event — See Also

Davis Polk's Alumni Support: They're hosting an event for Kirsten Gillibrand. Biglaw's Getting Clever With Perks: It's about more than just money. Now This Is A Great Decision: Judge slams Trump administration's census plans. Speaking Of Good Decisions: Alabama can't protect Confederate monuments. Are Daily Fantasy Sports In Danger? The admin's latest ploy.
Tags: Law, Alabama, Kirsten Gillibrand, Trump, Davis Polk, See Also, Kirsten Gillibrand Biglaw


Alabama Judge Takes Bold Stance Against Confederate Monuments

If citizens are "repulsed" by the monument it does not have to stay.
Tags: Law, Alabama, Courts, First Amendment, Michael Graffeo, Confederate monuments


Relist Watch

John Elwood reviews Monday’s relists. I’m today, so I’m going to be more summary than usual. The April calendar already appears to have a full complement of 12 cases, but the court in theory could add to it with this Friday’s grants. Admittedly, if it does so, petitioners won’t have the full 30 days to file reply briefs before oral argument. After this Friday, the court’s next scheduled conference isn’t until February 15 – almost a month from now. And any cases granted at that conference will ...
Tags: Texas, Featured, Supreme Court, Law, Congress, Virginia, New York City, Freedom, Alabama, Indiana, Dhs, United States, House Of Representatives, Kansas, Louisiana, Nielsen


Search and Seizure: Can the Police Search My House if You Leave Your Child Home Alone

My question involves civil rights in the State of: Alabama. Can the police search my home if I leave my four-year-old child at home alone? She was asleep and it was four in the morning.
Tags: Law, Alabama, House, Criminal Procedure



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