Gitmo Habeas: Senate Democrats yesterday failed to muster enough votes to cut off debate on repealing the portion of the Military Commissions Act that repealed habeas corpus jurisdiction for the detainees in Guantanamo, reports Jonathan Weisman of the WashPost. The Supreme Court will decide in the Boumediene and Al Odah cases if that repeal was constitutional. "Bottom side" briefs are due October 9. Argument in December(?).

Anti-Gang Injunctions in San Francisco have created a rift between public defender Jeff Adachi and City Attorney Dennis Herrera according to this SF Chronicle story by reporters Jonathan Curiel, John Cote' and Marisa Lagos. Herrera, the first Hispanic to hold the City Attorney's post, is using injunctions identifying specific Latino streets gangs as public nuisances, to restrict named members from gathering, displaying their colors or flashing gang signs in designated neighborhoods. Such injunctions, which have been used to break up gangs throughout California, allow police to arrest and search known gang members who violate the restrictions. More serious charges can be brought against gang members caught with drugs or weapons in their possession. Adachi says his office has received reports that police are engaging in racial profiling, Herrera has responded that such claims are inflammatory and inaccurate.

Bong Hits 4 Roberts: Tony Mauro of Legal Times reports on the BLT that a someone held up a sign reading "Bong Hits 4 Roberts" as the CJ led a procession to a ribbon-cutting ceremony, following his First Amendment speech at Syracuse. In Morse v. Frederick, the CJ wrote the opinion holding that a principal did not violate the First Amendment in taking down a student's banner reading "Bong Hits 4 Jesus".