Well, he had to act, being shamed by a court order. But let's hope he does some good.

In a speech at a convention of prosecutors in Newport Beach, Schwarzenegger said that the state prison system has reached "a crisis point" and that he will call a special legislative session this summer to confront the problem. Only the federal prison system is larger than California's system.

Schwarzenegger, who is running for reelection this year, made his speech a week after a federal investigator released a report chiding the governor's administration for not carrying out reforms. U.S. District Judge Thelton Henderson has already placed the prison medical system under federal receivership.

If he failed to act, the whole prison system could end up under federal control.

Bump and Update: The doctors may face investigation in Rush's Viagra case.

State attorney's office spokesman Mike Edmondson said his office also will look into whether Limbaugh violated that agreement with prosecutors. Prosecutors also will examine the possibility of "any doctor being complicit and the possibility of doctors being charged as well."

Update: Are the doctors really in trouble? Perhaps not. This is grounds for discipline:

® Prescribing, dispensing, or administering any medicinal drug appearing on any schedule set forth in chapter 893 by the physician to himself or herself, except one prescribed, dispensed, or administered to the physician by another practitioner authorized to prescribe, dispense, or administer medicinal drugs. Fla. Stat. § 458.331

If one doctor prescribed it to another doctor instead of to Rush for privacy reasons. what then? According to the Orlando Sentinel:

It is generally not illegal under Florida law for a physician to prescribe medication in a third party's name if all parties are aware and the doctor documents it correctly, said Mike Edmondson, a spokesman for the state attorney in Palm Beach County. He would not discuss specifics in the Limbaugh case Tuesday.

Here's an open thread for today since I'll be running around and TChris is still, lucky guy, in Europe.

• Congrats to Peter Daou who is leaving Salon and the Daou Report to work his magic for Hillary, who is very wise to have selected him. Back in 2004, he did a great job doing outreach and managing the online rapid response for the Kerry-Edwards campaign.

• Noah at Defense Tech: The best source of Pentagon intel may be the tv.

Update: Squeaky's Sightings

• Laura Rozen on Pumping up the Iran conflict w/Feith, Franklin, Rhode, Leeden and Ghorbanifar

• Via Crooks and Liars: John Stewart on the Miami Seven

• Arthur Silber on the traitorous press [link fixed]:

The Senate Judiciary Committee this morning began examining President Bush's use of signing statements. The ACLU says (press release received by e-mail, but will be up on their site shortly):

"President Bush needs a lesson in Civics 101," said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. "The executive is supposed to enforce the laws Congress passes, and respect the separation of powers that define our country. But in this president's mind, he is above the law. His lack of respect for the rule of law and his abuse of power are evident, and we hope that today's hearing will highlight this administration's disregard for the law."

President Bush's signing statements have in most cases said that he will refuse to enforce part of a law because it conflicts with his extraordinary claims of presidential powers. The statements have covered numerous issues, including a congressional ban on the use of torture, affirmative action rules, protection for the integrity of scientific research and whistleblower protections. Such steps, the ACLU noted, defy the constitutional powers of Congress, and undermine the system of checks and balances.

The Senate began debate on the flag-burning Amendment yesterday. It's within a vote or two of passing and already has passed in the House. If it passes by a 2/3 vote in the Senate, it must be ratified by 38 states during the next seven years and then will become the 28th Amendment to the U.S. Constitution.

The Constitution is not a rough draft. We don't need to amend it, particularly for something that would serve as precedent for further restrictions on our First Amendment rights.

This is the first edition of TalkLeft's Late Night Music Club which I am shamelessly stealing (with permission) from John Amato at Crooks and Liars, who is a very accomplished musician in his own right. I am not. My selections will be performances I can watch over and over, either because I love the music or the words or because I just love watching the face of someone in the band.

I may not do it every night, but since YouTube is a becoming a new addiction, I hope to make it a regular thing. Feel free to use the comments to talk about your own favorite music.

Tonight's pick is the Goo Goo Dolls playing Iris and (Tom Petty's) American Girl at the 9/11/2001 Concert for New York City. I remember taping it at the time, and watching their version of American Girl over and over.

Update: Video removed from You Tube.

U.S. District Judge Fernando Gaitan Jr. has issued an order preventing Missouri from executing prisoners due to the "unconstitutional pain and suffering" the inmate may experience from the drug cocktail used.

Until satisfactory changes are made, the Judge says no more executions can take place. The Department of Corrections has 15 days to come up with a new protocol.

And this takes the cake: The lone doctor mixing the drugs has dyslexia:

New motions were filed by the defense in the Duke lacrosse players' alleged rape case. You can read them here and here.

The accuser's name does not appear to be blacked out in the motions, but please don't use it in the comments.

The video of the American Constitution Society's panel conference on leakers and the press is now online.

On June 17, ACS hosted a panel at the 2006 National Convention exploring the consequences of leaks of confidential and classified information by government employees and potential related prosecution. Panelists discussed government attempts to prosecute leakers and assertions that it can prosecute members of the press who report based on classified information. The panel also examined whether greater protections should be afforded journalists in protecting sources and the effect of leak prosecutions on debate in a democratic society.

The video is here. In the photo (larger version here): 9th Circuit Judge Stephen Reinhardt, me and conservative law professor Maimon Schwarzschild. Also on the panel were moderator and Law Professor Geoffrey Stone and media attorney Laura Handman. Happily, Professor Schwarzschild was outnumbered.

University of Colorado interim chancellor Phil Stefano announced at a news conference today that Ethnic Studies Professor Ward Churchill has received a notice of termination. His written statement is here.

The decision follows his review of the 20 page report on Churchill submitted by CU's Standing Committee On Research Misconduct and recommendations from the school's provost and a dean. The committee voted six to three that Churchill should be fired as opposed to suspended without pay.

Live blogging the Chancellor's statement:

The issues initially were did Churchill's statements exceed the boundaries of protected speech and did he engage in research or teaching misconduct or fraudulent misrepresentation?

The finding was that the content and rhetoric about 9/11 victims were protected by the First Amendment. The allegations regarding plagiarism and research misconduct were referred to standing committee. After referral, the committee found that allegations of ethnic misresprentation did not warrant further action.

Why am I not surprised? Justice Alito was the swing vote today in a decision that upheld Kansas's death penalty law that the Kansas Supreme Court had ruled unconsitutional.

Justices split 5-4 in the term's oldest case, which was argued in December before Justice Sandra Day O'Connor's retirement. A new argument session was held in April so that Alito could break a deadlock.....The state law says juries should impose death sentences if aggravating evidence of a crime's brutality and mitigating factors explaining a defendant's actions are equal in weight.

Justice David H. Souter, writing for the liberals, said the law was "morally absurd."...Souter said that "in the face of evidence of the hazards of capital prosecution," maintaining a system like the one in Kansas "is obtuse by any moral or social measure."

Via How Appealing: You can access the oral argument transcripts here and here. Additional information about the case is available at this link.

A really bad law will go into effect in Georgia on July 1. It prohibits anyone on the sex offender registry from living within 1,000 feet of any one of the hundreds of thousands of Georgia's school bus stops. (Text of law is here, in pdf.) As a result of this law, people will be forced from their homes and unable to live in urban and suburban areas.

The Southern Center for Human Rights filed a lawsuit on behalf of 8 offenders to block implementation of the law. Today, a Judge granted a preliminary injunction as to those 8 plaintiffs.

The law does not distinguish between offenders with a 20 year old conviction for having had sex with an 16 year old when they were 18 and violent sexual predators. Here are a sampling of the crimes for which the 8 plaintiffs were convicted (from the Complaint, in pdf ):