How Appealing

Monday, February 9, 2009

"Miranda rule may hamper detainee trials; None of the men held at Guantanamo were advised of their rights against self-incrimination; That and other issues may cause problems for President Obama's goal of trying them in a civil legal system": Julian E. Barnes and David G. Savage will have this article Tuesday in The Los Angeles Times.
Posted at 10:40 PM by Howard Bashman

"Obama Backs Off a Reversal on Secrets": Tuesday in The New York Times, John Schwartz will have an article that begins, "In a closely watched case involving rendition and torture, a lawyer for the Obama administration seemed to surprise a panel of federal appeals judges on Monday by pressing ahead with an argument for preserving state secrets originally developed by the Bush administration."

Tuesday's edition of The Washington Post will report that "Justice Dept. Uses 'State Secrets' Defense; Obama Backs Bush Decision on Rendition Lawsuit."

Maura Dolan and Carol J. Williams of The Los Angeles Times have a news update headlined "Appeals court urged to reject rendition case; The Obama administration cites the 'state secrets' privilege, echoing Bush's opposition to trial of the ACLU suit."

Bob Egelko of The San Francisco Chronicle has a news update headlined "Obama sticks to Bush stance on torture suit."

Tuesday's edition of The Guardian (UK) reports that "Obama administration maintains Bush's 'state secrets' policy."

And James Vicini of Reuters reports that "Justice Department to review all state secrets claims."
Posted at 10:24 PM by Howard Bashman

"AG Holder Demands Review of Bush-Era State Secrets": David Kravets has this post at's "Threat Level" blog.
Posted at 08:07 PM by Howard Bashman

"Judges tentatively order Calif. inmate release": The Associated Press has a report that begins, "A special panel of federal judges tentatively ruled Monday that California will have to release tens of thousands of inmates to relieve overcrowding over the next several years."

I have posted online at this link today's tentative ruling of a three-judge panel of the U.S. District Court for the Eastern and Northern Districts of California.

Update: Bob Egelko of The San Francisco Chronicle has a news update headlined "Judges order state to free thousands of inmates."

The Los Angeles Times has a news update headlined "Judges indicate they may order prison population reduced by 58,000; Federal panel issues tentative ruling in lawsuit brought by inmates, who say overcrowding in state prisons violates their right to adequate healthcare; A massive inmate release is not likely."

And Tuesday's edition of The New York Times will report that "Court Orders California to Cut Prison Population."
Posted at 07:20 PM by Howard Bashman

"Obama lawyers maintain Bush position in suit": The Associated Press has a report that begins, "An Obama administration lawyer is urging a federal appeals court panel to throw out a lawsuit accusing a Boeing Co. subsidiary of illegally helping the CIA secretly fly terrorism suspects overseas to be tortured."
Posted at 05:00 PM by Howard Bashman

"Exhibitionists beware: Myrtle Beach is watching; Council to vote on stricter thong rule this week." This article appears today in The Sun News of Myrtle Beach, South Carolina.

Perhaps, given her experience on the subject, retired Justice Sandra Day O'Connor will be invited to sit by designation with the U.S. Court of Appeals for the Fourth Circuit should a constitutional challenge to the ordinance reach the federal appellate level.
Posted at 04:15 PM by Howard Bashman

"Obama Administration Maintains Bush Position on 'Extraordinary Rendition' Lawsuit": Jake Tapper and Ariane de Vogue have this post at the ABC News blog "Political Punch."

A related news release today from the ACLU is titled "Justice Department Stands Behind Bush Secrecy In Extraordinary Rendition Case."
Posted at 04:05 PM by Howard Bashman

"There's a New Lawyer in Town: The top 10 cases the Obama Justice Department should redo." Emily Bazelon and Judith Resnik have this jurisprudence essay online at Slate.
Posted at 03:50 PM by Howard Bashman

"AG Holder reviewing all state secrets claims": The Associated Press provides this report.
Posted at 03:28 PM by Howard Bashman

"Should CJ Roberts Recuse in Landmark Wyeth Case?" Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:18 PM by Howard Bashman

Ninth Circuit Chief Judge Alex Kozinski considers the question of implied preemption under the Federal Aviation Act: You can access today's ruling at this link.
Posted at 02:38 PM by Howard Bashman

"Teenage terrorist or confused kid -- Gitmo's youngest prisoner": provides this report.
Posted at 02:35 PM by Howard Bashman

"Rendition case in S.F. to test Obama policies": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The public is likely to get its first close look at the Obama administration's policies on torture, secrecy and prisoners' rights in a San Francisco courtroom today, when federal judges press a government lawyer for a position on the practice known as extraordinary rendition."

Last Friday, I had this post identifying the three judges serving on the U.S. Court of Appeals for the Ninth Circuit who will hear oral argument of the appeal today. Once that court posts the oral argument online, I will provide a link to it.

Update: In addition, yesterday's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Rendition Suit A Test Of Obama Transparency" (RealPlayer required).
Posted at 09:07 AM by Howard Bashman

"Blog ruling sets stage for high court battle": The New Haven Register today contains an article that begins, "A New Haven-based federal judge's ruling against a high school student for language used in her blog has led to a vow for court appeals. Meanwhile, a state legislator has introduced a bill to protect students' free speech rights. Although U.S. District Judge Mark R. Kravitz ruled Burlington school officials were within their rights when they disciplined Avery Doninger for calling school administrators 'douche bags' on her blog, defense attorney Jon Schoenhorn said this is a 'censorship' issue that could ultimately be decided by the U.S. Supreme Court." You can access the ruling at this link.

And in somewhat related news, The San Francisco Chronicle reports today that "Web 2.0 defamation lawsuits multiply."
Posted at 09:03 AM by Howard Bashman

"DAs may get death penalty alternative; Bill allowing option of a life without parole sentence would fix 'gaping hole in Georgia law'": Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 08:45 AM by Howard Bashman

"State cannot have clear title to former kingdom lands": Today in The Honolulu Star-Bulletin, Kamanamaikalani Beamer has an op-ed that begins, "Gov. Linda Lingle used her recent 'State of the State' address to defend her position in appealing a state Supreme Court case that halted the sale of 'ceded lands,' or what is often referred to as the former crown and government lands of the Hawaiian kingdom. The U.S. Supreme Court will hear arguments next month on the administration's appeal of the Hawaii high court ruling that the state cannot sell or transfer ceded lands until native Hawaiian claims are settled."
Posted at 08:34 AM by Howard Bashman

"Could Chicago's Judge Wood fill Ginsburg's seat if she resigns from Supreme Court?": Today in The Chicago Sun-Times, Abdon M. Pallasch has an article that begins, "She seems to be at the top of many handicappers' lists -- just as she was 14 years ago when President Bill Clinton had a chance to fill an opening on the federal appellate court in Chicago. Judge Diane Pamela Wood, 58, has spent the last 14 years going toe-to-toe with the legendary conservative lions of Chicago's 7th Circuit Court of Appeals, Richard Posner and Frank Easterbrook, and her fans say she could ably fill the shoes of Ruth Bader Ginsburg on the moderate-liberal wing of the U.S. Supreme Court."
Posted at 08:14 AM by Howard Bashman

"'(Ledbetter's) story inspires everyone'": Yesterday's edition of The Birmingham News contained an article that begins, "Jacksonville native Lilly Ledbetter has become a household name in the fight for equal pay. But not many folks know Jon Goldfarb, the Birmingham lawyer who represented her for free during the past decade in a case that culminated last month with President Barack Obama signing the Lilly Ledbetter Equal Pay Act."
Posted at 08:09 AM by Howard Bashman

"Linked Retirements and the Summer of 2009": Tom Goldstein has this post at "SCOTUSblog."

In response, at "The Volokh Conspiracy," Orin Kerr has a post titled "The Timing of Supreme Court Retirements."
Posted at 07:40 AM by Howard Bashman

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