Nota Bene

AP News reports:

The US Supreme Court announced Tuesday it would consider the constitutionality of lethal injections, which is used in almost all executions in the United States.

The court agreed to consider the cases of two men condemned to death in the Southern state of Kentucky amid growing controvesy over exactly how lethal injections are administered.

Some argue the executions are often slow and painful and contradict the constitution’s ban on “cruel and unusual punishment.”

KFI 640 is reporting that a settlement has been reached in the Tennie Pierce discrimination lawsuit:

KFI NEWS has learned the Los Angeles City Council is close to settling a racial discrimination lawsuit filed by a firefighter who said he was fed dog food — just days before the case was set to go to a jury trial.

The terms of the deal were still being worked out, City Hall sources confirmed Friday, but the amount of the settlement was said to be, “significantly less,” than a $2.7 million settlement offer vetoed earlier this year by Mayor Antonio Villaraigosa.

Some council members met in closed session with the City Attorneys office to consider the latest offer from Pierce’s lawyers, but no formal decision was made, according to officials.

“I believe this matter needs to go to court,” said Councilman Dennis Zine, who was away from City Hall and didn’t attend the private meeting today. “This matter needs to be aired out, witnesses need to come forward,” Zine said, adding he’ll oppose any payout to Pierce.

FoxNews.com reports:

A federal judge in San Francisco has thrown out a lawsuit by the state of California against the six largest automakers. The suit claimed the companies were liable for contributing to global warming. The judge said it would be inappropriate for the court to wade into what he called the “global warming thicket.”

He said the implications of climate change on interstate commerce and foreign policy should be left to the political branches of government. The lawsuit was the first that sought to hold manufacturers liable for alleged global warming damages caused by greenhouse gas emissions.

Newsvine.com reports:

Former CBS news anchor Dan Rather filed a $70 million lawsuit Wednesday against the network, former corporate parent Viacom Inc., and three of his former bosses.Rather’s complaint stems from “CBS’ intentional mishandling” of the aftermath of a discredited story about President George W. Bush’s time in the Texas Air National Guard.

According to the NY Times’ account, Rather now claims to have been

“little more than a narrator of the disputed broadcast, which was shown on Sept. 8, 2004, on the midweek edition of “60 Minutes” and which purported to offer new evidence of preferential treatment given to Mr. Bush when he was a lieutenant in the Air National Guard.”

The Ventura County Star reports:

Gov. Arnold Schwarzenegger signed a bill Thursday that bans 16- and 17-year-old drivers from using cell phones, pagers, walkie-talkies, laptop computers and other devices, even if they have “hands-free” features.

Introduced by Sen. Joe Simitian, D-Palo Alto, SB33 passed on a bipartisan vote in both the state Senate and Assembly and will take effect next July.

If cited, a teen driver faces a fine of $20 for the first offense and $50 for subsequent offenses.

MediaInfo.com reports:

In a victory for high school journalists, the California Supreme Court let stand an appeals court ruling that schools cannot censor controversial speech in student media.

The high court Thursday declined to review the appellate court ruling in a lawsuit that former Novato High School student journalist Andrew Smith filed against the Novato Unified School District after administrators publicly condemned two columns he wrote for the school paper, and tried to confiscate all copies of the offending pieces.

The decision is important because it upholds the state’s so-called “anti-Hazelwood” law that was intended to restore student free-expression rights in the wake of the 1988 U.S. Supreme Court decision in Hazelwood School District v. Kuhlmeier. In that case, the high court ruled essentially that school administrators are publishers of student media with the same power to direct or spike material that any publisher of a non-government newspaper has.

The Sacramento Bee reports:

A black firefighter’s dog food harassment lawsuit could cost the city more than $7 million, legal experts warned the City Council.

Tennie Pierce filed the racial discrimination suit after his firehouse colleagues secretly laced his spaghetti with dog food. Trial starts Sept. 24 and lawyers warned Wednesday that a jury could hit the city with a huge judgment.

The council spent two hours debating a last-minute settlement offer behind closed doors, the Los Angeles Times reported. Pierce’s attorneys have reportedly indicated a willingness to settle for $3.1 million.

After an attorney for Mayor Antonio Villaraigosa said any deal above $1 million would be unacceptable, the council decided to talk about it again on Sept. 18.

The Sacramento Bee reports:

Should a California man who poses little threat to his neighbors remain behind bars because of his alleged ties to a terrorist group that threatens lives halfway around the world?

Federal prosecutors say yes. They argue Rahmat Abdhir, accused of helping extremists associated with al-Qaida in the Philippines, represents a “danger to the community” - even though that community is 7,500 miles away. They’ve asked a judge to keep him in a San Jose jail pending trial.

Legal experts are watching the federal case, which could set precedent for other terrorism suspects being held without bail by greatly expanding the legal definition of community. U.S. courts have traditionally defined a community as people within close geographic proximity.

U.S. District Judge Jeremy Fogel said he would decide next week whether to release Abdhir on bail pending his trial. Abdhir, 43, is accused of sending more than $10,000 and military gear to his brother, thought to be a high-ranking member of al-Qaida affiliate Jemaah Islamiyah.

The LA Times reports:

As America gets fatter, policymakers are seeking creative approaches to legislating health. They may have entered the school cafeteria — and now they’re eyeing your neighborhood.Amid worries of an obesity epidemic and its related illnesses, including high blood pressure, diabetes and heart disease, Los Angeles officials, among others around the country, are proposing to limit new fast-food restaurants — a tactic that could be called health zoning.

The City Council will be asked this fall to consider an up to two-year moratorium on new fast-food restaurants in South L.A., a part of the city where fast food is at least as much a practicality as a preference.

The Sacramento Bee reports:

A California man convicted of attending an al-Qaida camp in Pakistan was sentenced to 24 years in federal prison Monday for supporting terrorists, concluding a case that divided a Central Valley farming community.

U.S. District Court Judge Garland Burrell Jr. imposed the sentence against Hamid Hayat on his 25th birthday, saying he had “attended a terrorist training camp, returned to the United States ready and willing to wage violent jihad when directed to do so.”

Hayat faced up to 39 years in prison after his April 2006 conviction on one count of providing material support to terrorists and three counts of lying about it to FBI agents. Prosecutors said he plotted to attack hospitals, banks, grocery stores and government buildings in California.