How Appealing

Wednesday, January 31, 2007

"Love Us! It's no coincidence that the Supreme Court's caseload is down, and the justices' television appearances are up." Dahlia Lithwick will have this essay in the February 2007 issue of The American Lawyer.
Posted at 11:30 PM by Howard Bashman

"Key Lawmakers Getting Files About Surveillance Program": This article will appear Thursday in The New York Times.

The Washington Post on Thursday will report that "Records on Spy Program Turned Over to Lawmakers."

The Los Angeles Times provides a news update headlined "White House to share surveillance with Congress."

And McClatchy Newspapers report that "Lawmakers receive details of government surveillance program."
Posted at 11:28 PM by Howard Bashman

"Lawsuit challenging U-M undergraduate admissions policy dismissed after 10 years; Plaintiffs will receive $10K each to cover costs; no damages": The Detroit News provides this update.

And The Associated Press provides a report headlined "Mich. Affirmative Action Lawsuit Settled" that begins, "A lawsuit that prompted a 2003 U.S. Supreme Court decision over affirmative action admissions policies at the University of Michigan was settled Wednesday, concluding a nearly decade-old legal battle."
Posted at 11:24 PM by Howard Bashman

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "PBS Launches Documentary on U.S. Supreme Court" (featuring Law Professor Jeffrey Rosen); "Reporter Says Libby, Rove Told Him of Plame's Work" (featuring Nina Totenberg); and "Attorney General Promises to Detail Spying Program."

RealPlayer is required to launch these audio segments.
Posted at 08:33 PM by Howard Bashman

"Judge Shelves Gitmo Detainee Cases": The Associated Press provides a report that begins, "Sixteen lawsuits by Guantanamo Bay detainees were put on hold Wednesday by a federal judge who said he may no longer have jurisdiction to hear their cases. U.S. District Court Judge Reggie B. Walton in Washington said the Military Commissions Act, signed into law in October, has left him unable to consider whether the detainees can challenge being held at the Marine facility in Cuba."
Posted at 08:24 PM by Howard Bashman

"Child porn evidence law upheld by judge; He says courts can intervene to give defendant access": The Associated Press provides a report that begins, "Federal restrictions on access to evidence in child pornography cases is constitutional because courts can intervene if the government doesn't give a defendant 'ample opportunity' to inspect the material, a judge has ruled. U.S. District Judge Robert Payne rejected David L. Knellinger's claim that a provision of the Adam Walsh Child Protection and Safety Act violates his constitutional right to a fair trial. The Richmond man is charged with seven child porn counts. However, the judge also ruled that federal authorities have failed to make Knellinger's computer hard drive 'reasonably available' for examination by defense experts at a government facility. He ordered the government to provide the defense a copy of the hard drive."

I have posted online at this link last Thursday's ruling of the U.S. District Court for the Eastern District of Virginia.
Posted at 05:15 PM by Howard Bashman

"Whose War Powers?" Law Professor Noah Feldman will have this essay (TimesSelect subscription required) in the Sunday, February 4, 2007 issue of The New York Times Magazine.
Posted at 05:00 PM by Howard Bashman

Retired Justice Sandra Day O'Connor ranks first with the Ninth Circuit, but not with the Second Circuit: When the U.S. Court of Appeals for the Ninth Circuit earlier this month issued an opinion from a three-judge panel on which Retired Justice O'Connor sat by designation, she was listed first in the opinion's identification of the three judges who decided the appeal.

Today, the U.S. Court of Appeals for the Second Circuit issued the first published opinion from a three-judge panel on which Retired Justice O'Connor sat by designation, and she is listed third in the opinion's identification of the three judges who decided the appeal.

Of course, this doesn't conclusively establish that the Second Circuit doesn't like Justice O'Connor as much as the Ninth Circuit. Rather, it merely proves that the different regional federal appellate courts follow somewhat different rules governing the order in which the judges on the three-judge panel that decided the case are listed on an opinion. It would be interesting to see whether the Ninth Circuit would list Justice O'Connor first if the Ninth Circuit's Chief Judge were also sitting on the same three-judge panel.
Posted at 04:05 PM by Howard Bashman

"Group drops Prop 2 lawsuit; U-M admissions plans resolve issue, CIR says": The Ann Arbor News contains this article today.

And The Detroit Free Press reports today that "Lawsuit against U-M is dropped."
Posted at 03:55 PM by Howard Bashman

"Indiana Supreme Court visits law school": This article appears today in The Indiana Daily Student.
Posted at 03:48 PM by Howard Bashman

"Supreme court justice to retire": The Portland Press Herald today contains an article that begins, "Maine Supreme Judicial Court Justice Howard Dana will retire from the bench in March, Chief Justice Leigh Saufley announced Tuesday."
Posted at 03:45 PM by Howard Bashman

"On TV: PBS Tackles the Supreme Court." This review appears online today at
Posted at 03:44 PM by Howard Bashman

"Harvard Law School to launch Supreme Court and Appellate Litigation Clinic": The Harvard Law School issued this news release yesterday. According to the news release, "Former acting solicitor general Walter Dellinger will lead the clinic."
Posted at 03:40 PM by Howard Bashman

Lawsuit to desegregate Alabama's system of higher education cannot now be used to secure adequate funding for that State's K-12 public schools: The U.S. Court of Appeals for the Eleventh Circuit issued this decision today.
Posted at 03:14 PM by Howard Bashman

"Roberts' Reflections Highlight Supreme Court Documentary": Law Professor Stephen Wermiel has this review online at "The Politico."
Posted at 03:11 PM by Howard Bashman

"South Dakota to Consider Revised Ban on Abortion": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 02:45 PM by Howard Bashman

Metropolitan News-Enterprise is reporting: Available online today are articles headlined "Court: Employer May Consent to Search of Worker's Computer" and "Ninth Circuit Upholds Convictions in Reservation Fire Death; Concurring Judge Suggests Life-Without-Parole Sentences an 'Extreme Injustice.'"

My coverage of those two recent Ninth Circuit rulings can be accessed here and here.
Posted at 02:40 PM by Howard Bashman

"Spying case appeal begins; Judge ruled domestic surveillance is illegal; some expect case to be sent back to Detroit": This article appears today in The Detroit News.

And The Associated Press reports that "Anti-terror program subject of constitutional arguments."
Posted at 02:30 PM by Howard Bashman

"Experts Offer Glimpse into Workings of Supreme Court: The Supreme Court's responsibility as upholder of the Constitution at times puts it in the spotlight when controversy arises; Two authors of recent books Jeffrey Rosen and Jan Crawford Greenburg discuss the court's place in history and the makeup of the current bench." I previously linked here to online audio of this segment from Monday's broadcast of PBS's "The NewsHour with Jim Lehrer." Now you can also access the transcript and streaming video (Windows Media Player required).
Posted at 02:15 PM by Howard Bashman

"Justice to Release Spy Program Details": The Associated Press provides a report that begins, "Attorney General Alberto Gonzales said Wednesday he will turn over secret documents detailing the government's domestic spying program, ending a two-week standoff with the Senate Judiciary Committee over surveillance targeting terror suspects."
Posted at 01:38 PM by Howard Bashman

Getting banned from a federal court's library for misbehavior didn't result in an appealable order: Seventh Circuit Judge Richard A. Posner is the author of today's contribution to this blog's jurisprudence of the library. Earlier entries in this canon can be accessed here and here.
Posted at 01:28 PM by Howard Bashman

Still searching for that elusive Justice Hamburger: In a review of the PBS program "The Supreme Court" published today in The Los Angeles Times, that newspaper's TV reviewer includes among the list of things that he learned from watching the telecast that "There was a justice named Hamburger and a justice named Frankfurter."

As this list of U.S. Supreme Court Justices confirms, there never was any Justice Hamburger. The attempt at humor probably would have worked just as well had the reviewer written that "[t]here was a justice named Burger and a justice named Frankfurter," and it would have had the added benefit of being correct.

I've scanned through the transcripts of the four-hour show (available via this link) to try to understand better how a TV reviewer might get the idea that a Justice Hamburger actually existed. At one point, the narrator states, "But try as he might, Chief Justice Burger was not equipped to build a conservative majority on the Court. He was never going to lead the cou[r]t to revolution. The job of leadership would fall to a man who cared for no perquisites--comfy Wallabies on his big feet and a cheeseburger for lunch--Bill Rehnquist." So, the segment contains no mention of any hamburger, but there is a mention of a cheeseburger.

At another point in the transcript, one of the many commentators states, "Burger was a ham-handed Chief Justice. He wasn't particularly competent in his opinion writing. It's good to see him go. And no one ever looked back." Apparently ham-handed Burger equals Justice Hamburger. That's as close to an explanation as the transcript of hour four provides.

To access the two earlier posts in this Justice Hamburger series, simply click here and here.

Update: An internet savvy historian emails to note that a web search reveals a Judge Hamburger whose cottage was flame-broiled in the Great Cape May Fire of 1878.
Posted at 11:40 AM by Howard Bashman

"Ex-con posing as lawyer gets 6-month term; Judge calls actions insult to attorneys": The Chicago Tribune contains this article today.

And The Chicago Sun-Times reports today that "Judge ignores apologies, sentences 'lawyer' to 6 months."
Posted at 11:15 AM by Howard Bashman

"Abortion ban back again for debate; This time, bill offers exception for rape": This article appeared yesterday in The Argus Leader of Sioux Falls, South Dakota.
Posted at 11:08 AM by Howard Bashman

"Government Reply Brief in NSA/FISA Case": Marty Lederman has this post (linking to that brief) at "Balkinization."
Posted at 10:50 AM by Howard Bashman

"New York sees first death sentence passed for 50 years": This article appears today in The Times of London.

BBC News provides a report headlined "Rare death sentence in New York; A convicted murderer has been sentenced to death in New York, the first time the death penalty has been awarded in a federal case there for over 50 years."

The Staten Island Advance today contains articles headlined "He gets death; Stapleton street punk taunts slain cops' kin after the verdict" and "Condemned man follows in notorious footsteps."

Newsday reports that "Cop killer sentenced to death."

The New York Sun reports that "Wilson, Lacking Remorse, Is Doomed."

The New York Post contains articles headlined "Fry Baby: Sticks tongue out at widow" and "Police hail justice for their brothers." The newspaper also contains an op-ed entitled "Great to be wrong on fate of murderer" by columnist Steve Dunleavy.

And The New York Times, in addition to containing the article I noted here last night, contains an article headlined "In Killer's Courtyard, Drawing Their Own Conclusions."
Posted at 10:42 AM by Howard Bashman

"Reporter's Account Hurts Libby Defense; Miller Testifies of White House Aide's Unmasking of Agent": The Washington Post today contains this front page article. And Howard Kurtz's "Media Notes" column is headlined "Journalist Forced to Reveal Her Methods; Ex-New York Times Reporter Struggles In Libby Questioning."

The Los Angeles Times reports today that "Reporter takes stand against source; Judith Miller, jailed in 2005 for protecting Libby, testifies about three talks with Cheney's former aide."

The Wall Street Journal reports that "Libby Trial Puts Reporters' Recall To a Severe Test" (free access).

USA Today reports that "Reporter's testimony contradicts Libby's timeline; Recalls former Cheney aide discussed CIA officer's identity in June 2003."

The New York Sun reports that "Libby Team Attacks Reporter On Date of Plame Disclosure."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Reporter Miller Returns to Stand at Libby Trial" (RealPlayer required).
Posted at 10:22 AM by Howard Bashman

"Where's the contrition for rendition? Maher Arar, wrongfully deported and tortured in Syria, got an apology from Canada but not the United States." This editorial appears today in The Los Angeles Times.
Posted at 08:50 AM by Howard Bashman

Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Appeals court adjusts privacy-at-work ruling; Workers have right to expect secure PCs unless given notice" and "Judge won't free journalist jailed for contempt."
Posted at 08:45 AM by Howard Bashman

"Key charge against Padilla is restored; Federal prosecutors scored a major appellate victory in their terror case against Jose Padilla": This article appears today in The Miami Herald.

The South Florida Sun-Sentinel reports today that "Charge is reinstated in al-Qaida suspect case."

And The Los Angeles Times reports that "Reversal means Padilla will face waived terror charge; An 11th Circuit panel upholds a conspiracy count that a lower court had ruled redundant."

My earlier coverage appears at this link.
Posted at 08:00 AM by Howard Bashman

"Surveillance case to pit strong views; The U.S. argues that the ACLU challenge of Bush's domestic wiretap program is moot": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 07:54 AM by Howard Bashman

"A judicious beginning": The St. Petersburg Times today contains an editorial that begins, "In one area at least, the White House has acknowledged political reality. With the Senate under Democratic control once again, President Bush has decided not to renominate four of his most controversial nominees to federal appellate court seats."
Posted at 07:48 AM by Howard Bashman

"For a Nation of Debaters, One Court to Rule Them All": Today in The New York Times, Virginia Heffernan has a review of PBS's "The Supreme Court" that begins, "A four-part program on PBS about the Supreme Court does not have to be boring, or so I believed as I sat down to watch a review copy of 'The Supreme Court,' which begins tonight. Now I believe that such a series does have to be boring."

Today in The Washington Post, Tom Shales has a review headlined "'The Supreme Court': PBS Does Justice to History."

The Boston Globe provides a review headlined "PBS' look at Supreme Court is captivating and thorough."

The Newark Star-Ledger provides a review headlined "PBS presents Supreme Court TV."

The Times-Picayune provides a review headlined "The Robe Less Traveled: PBS offers a rare close-up of the judges presiding over the nation's highest court."

The Deseret Morning News provides a review headlined "Supremely speaking."

The Orlando Sentinel contains an article headlined "PBS courts viewers with justice; A documentary examines and celebrates the high court and its towering legal minds."

And The SMU Daily Campus reports that "Kobylka featured in new PBS series."

You can access additional reviews and the transcripts of the broadcasts via this earlier link and also here.
Posted at 07:35 AM by Howard Bashman

"Jurors Can't Be Excluded by Nationality, Judge Says": This article appears today in The New York Times.
Posted at 07:20 AM by Howard Bashman

"Bush Is Not Above the Law": James Bamford has this op-ed today in The New York Times.
Posted at 07:12 AM by Howard Bashman

"Washington Post Drops Demand To View Cheney's Visitor Logs": Josh Gerstein has this article today in The New York Sun.
Posted at 07:03 AM by Howard Bashman

Justice Hamburger, Part Deux! "Patterico's Pontifications" has a post titled "I Think You Meant to Say Justice 'Hamburglar'" discussing The Los Angeles Times' error that I earlier noted here. Patterico's post notes that The LATimes review has overlooked some other Justices named after foods -- "Fred M. Venison; Potroast Stewart; and [his] personal favorite: 'Sloppy' Joe Story." The comments to that post note some additional "omissions."
Posted at 06:50 AM by Howard Bashman

One year ago today: Congratulations to Justice Samuel A. Alito, Jr., who today celebrates the one-year anniversary of his joining the U.S. Supreme Court. This blog's coverage of that day's events can be accessed here, here, here, and here.
Posted at 06:45 AM by Howard Bashman

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