Sideshow:

In what is sure to become a landmark in American jurisprudence, the justices of the U.S. Supreme Court may soon find themselves debating about

Janet Jackson

's breasts.

According to Variety, the Federal Communications Commission is seeking to appeal a court ruling that it improperly fined CBS for Jackson's "wardrobe malfunction" during the '04 Super Bowl.

In July the U.S. Court of Appeals for the Third Circuit in July found the FCC's $550,000 fine arbitrary and capricious.

Full House

actress

Jodie Sweetin

, 26, and hubby

Cody Herpin

, 31, who welcomed their first baby,

Zoie

, in April, have split up after 16 months of marriage. Sweetin, who once called her hubby a "blessing" for helping her with her long struggle with methamphetamine addiction, filed court papers for a legal separation Wednesday.

Herpin tells People mag he is "dumbfounded." He says Sweetin just up and left home with Zoie.

"I'm concerned about our daughter, and I just want [Zoie] home," he says.

Former Inquirer reporter

Ken Tucker

reveals in his new book,

Scarface Nation

, that

Al Pacino

, who played larger-than-life gangster Tony Montana in

Brian De Palma

's 1983

Scarface

, originally wanted

Glenn Close

to play his lover, Elvira. (

Michelle Pfeiffer

got the role.) According to the New York Post, which excerpts the book, producer

Martin Bregman

nixed the idea, telling Pacino that "Elvira has to be half a hooker. Glenn Close is many things, but she is not half a hooker."

Jonesing for more Jason Bourne pictures? Take heart: Universal Pictures has signed a deal with the estate of

Robert Ludlum

(who died in 2001) for exclusive rights to the character - and first look at Ludlum's other novels. That's a lot: More than 25 have yet to be adapted for the screen.

The Matt Damon-starring Bourne trilogy has earned more than $1 billion worldwide. Matt has already signed for a fourth flick, due out in summer 2010.

George W. Bush

's daughter

Barbara

- who with her twin,

Jenna

, will turn 27 Tuesday - says President-elect

Barack Obama

's offspring,

Malia

, 10, and

Sasha

, 7, are "really cute, smart girls." Barbara, who helped take them on a tour of the White House last week, has some advice.

"When they move, just make really good friends and surround themselves with people that will protect them," she tells Nightline's Cynthia McFadden.

Tobey Maguire

, 33, and his wife,

Jen Meyer

, 31, who have a 2-year-old girl,

Ruby Sweetheart

, are expecting their second Spider-Baby.

The Madonna-Guy Ritchie divorce was finalized Friday in London to the advantage of Lady Madge, who recently called Guy "emotionally retarded." Guy, who is worth barely $50 mil, gets not a penny from her $450 mil piggy bank.

Ashlee Simpson and Pete Wentz named their baby, who was born Thursday, Bronx Mowgli Wentz.

Entertainment Weekly says ABC has canceled three new shows: Pushing Up Daisies and its two best shows in a decade, Eli Stone and Dirty Sexy Money. ABC had yet to confirm.

A British photo agency has agreed to pay $79,000 to Sienna Miller to settle a suit by the thesp, who says its photogs stalked and harassed her.

The New York Post and London's The Sun say

Lindsay Lohan

and

Samantha Ronson

's alleged love affair has become tumultuous, even violent. The Post says the couple cry, scream, yell and insult each other daily in public. Sam, it seems, is frustrated by LiLo, who is, apparently, very "high maintenance." So is this the end? No, says an anon source who tells the Post

RonLo

is pursuing couples therapy. But a rep tells the Post she's unaware of any therapy sessions.

Former Sen.

Fred Thompson

, 66, who in January dropped out of the GOP presidential primaries, says he is ready to come back home - to TV. Elected to the Senate in 1994, he's best known for his turn as a no-nonsense DA on NBC's

Law & Order

.

"I don't really like it when they say

the comeback

. I've been here the whole time." So says pop star

Britney Spears

, who has been staging one of the most successful comeback coups in recent memory. Spears shares that fast-food nugget of Spearsian MacPhilosophy in the heavily promoted MTV documentary

Britney: For the Record

, set to run next Sunday.

Rocker

Gene Simmons

, as famous for his prodigious skills as a diplomat as for his enormous tongue, is upset that

Kiss

has not yet been picked for the Rock and Roll Hall of Fame. In a dis that's lost on me, Gene took aim at the hall's foundation, which publisher

Jann Wenner

chairs. "A lot of those guys on the board can go and get my sandwich when I want, and I mean that in the nicest way," Gene said.