How Appealing



Tuesday, March 6, 2007

“A Few Angry Lawyers: On Capitol Hill, the fired U.S. attorneys dish, and dish some more.” Emily Bazelon has this essay online at Slate.

Posted at 8:12 PM by Howard Bashman



Interesting posts today at the “Balkinization” blog: Lee Epstein has a post titled “Supreme Predictions” that begins, “Jan Crawford Greenburg’s Supreme Conflict ends with a bang.”

And Brian Tamanaha has a post titled “Critical Reflections on the ‘Judicial Politics’ Field of Political Science” that begins, “No contemporary legal theorist can afford to ignore the work of political scientists in the ‘judicial politics’ field. Reams of informative studies are being produced by political scientists on an array of subjects relating to judging and the judiciary.”

Posted at 6:05 PM by Howard Bashman



“In CIA leak trial, Libby found guilty; Jurors Tuesday convicted Cheney’s onetime chief of staff, I. Lewis ‘Scooter’ Libby, on four counts of perjury and obstruction of justice”: Linda Feldmann will have this article Wednesday in The Christian Science Monitor.

Posted at 5:54 PM by Howard Bashman



“We consider here the claim that religious objections to military activities or spending may form the basis for avoiding the payment of federal taxes. The claim is not new, although it is presented in somewhat unusual garb.” So begins a decision that the U.S. Court of Appeals for the Second Circuit issued today. Unsurprisingly, today’s result is not new either — the tax objector loses.

Posted at 5:12 PM by Howard Bashman



“Van Gogh painting appeal to be heard; Hamilton lawyer wants Elizabeth Taylor to return painting originally owned by his great-grandmother”: Back on February 10, 2007, The Toronto Globe and Mail published an article that begins, “A long-awaited appeal by a Canadian lawyer and his family over the ownership of a Vincent van Gogh canvas currently held by actress Elizabeth Taylor is scheduled to be heard Monday morning in a U.S. Court of Appeal in Los Angeles.”

This past Saturday’s broadcast of C-SPAN’s “America and the Courts” showed the video of that Ninth Circuit oral argument. You can view the broadcast online, on-demand, by clicking here (RealPlayer required).

Posted at 4:05 PM by Howard Bashman



Reply in support of petition for writ of certiorari filed in U.S. Supreme Court today in Fausey v. Hiller grandparent visitation case: You can access at this link the Reply Brief for the Petitioner filed today.

Thanks again to the faculty and students participating in the University of Virginia School of Law‘s Supreme Court Litigation Clinic for their invaluable assistance.

The petition for writ of certiorari can be accessed via this earlier post, while the brief in opposition and an amicus brief in support of the petition can be accessed via this link.

Posted at 2:45 PM by Howard Bashman



Ninth Circuit Judge Carlos T. Bea has a good sense of humor: As a conservative judge serving on what may be the nation’s most liberal federal appellate court, sometimes the choice may appear limited between whether to laugh or cry. Judge Bea today opted for the former, writing in an opinion dissenting from the denial of rehearing en banc in an ineffective assistance of counsel case, “[I]n what may be a new high in self-effacing candor, the panel holds that it is ineffective assistance of counsel to rely on Ninth Circuit precedent with respect of federal constitutional law applicable in states located in this Circuit.”

Posted at 2:30 PM by Howard Bashman



“Having granted the courts the authority to review state convictions under our habeas powers, it seems to me inconsistent with our fundamental obligations as judges to require us, except in unusual or exceptional circumstances, to rule for the state regardless of whether it violated the Constitution.” A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued its ruling in Irons v. Carey. The opinion of the court reveals that this three-judge panel has decided to forgo the opportunity to hold that Antiterrorism and Effective Death Penalty Act of 1996, limiting review of a state court conviction on federal habeas corpus, is unconstitutional.

Yet in separate concurring opinions, Senior Circuit Judge John T. Noonan and Circuit Judge Stephen Reinhardt express serious doubt about the constitutionality of AEDPA. The quote at the lead of this post comes from Judge Reinhardt’s concurring opinion. Judge Noonan’s concurring opinion is also a must read.

My initial coverage of this case, from May 2005, can be accessed here.

Posted at 1:24 PM by Howard Bashman



“In this case, Taylor conspired to violently rob the stash house of a narcotics organization. The fact that the intended victims and narcotics were fictional is irrelevant. Accordingly, we hold the interstate nexus was sufficient to sustain Taylor’s Hobbs Act conspiracy conviction.” So concludes an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

Posted at 12:02 PM by Howard Bashman



“Jurors Reach Verdict in Libby Case”: The Associated Press reports here that “The verdict will be read at 12 noon EST in the courtroom where jurors heard 19 witnesses during the five-week trial.”

Posted at 11:43 AM by Howard Bashman



“Details of probe into death of city cop go to prosecutor”: The New Haven Register today contains an article that begins, “The police investigation into a motor vehicle accident that killed a city police officer at a construction site last year has been completed and forwarded to the head prosecutor. Where the case goes from here is up to State’s Attorney Michael Dearington, who will determine whether any criminal charges are appropriate in a case that has generated more than a few conspiracy theories. Senior U.S. District Judge John M. Walker Jr., a cousin of former President Bush, was the driver whose car fatally struck Officer Dan Picagli in October 2006.”

Posted at 11:10 AM by Howard Bashman



“Overruling Roe v. Wade: A Post in Three Parts. Part III: The End?” Jessie Hill has this post today at “PrawfsBlawg.”

Posted at 10:07 AM by Howard Bashman



“Appeals court rejects religious club’s suit”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The city of Oakland did not violate two employees’ freedom of speech when it removed a flyer they posted promoting the ‘natural family” after other workers had founded a Gay and Lesbian Employees Association, a federal appeals court ruled Monday.”

And The Oakland Tribune reports today that “Court against flier promoting ‘family values’; 9th Circuit sides with Oakland after workers sued over removal of bulletin called discriminatory toward gays.”

You can access yesterday’s non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:42 AM by Howard Bashman



“Gonzales Defends Move to Fire Attorneys, Denies Political Role”: This article (free access) appears today in The Wall Street Journal.

The New York Times today contains articles headlined “Former Prosecutor Says Departure Was Pressured” and “Messenger in Prosecutors’ Firings Quits.”

The Washington Post reports that “Second Lawmaker Contacted Prosecutor; Wilson Complained About Pace of Probes.” The newspaper also contains an editorial entitled “Lawmakers on the Line: Mr. Domenici and Ms. Wilson called a U.S. attorney, and Congress needs to investigate.”

The Los Angeles Times reports that “Panel to summon two more ousted U.S. attorneys.” In addition, the newspaper contains an editorial entitled “Worth a second look: Congress and the Justice Department are right to examine whether firings of U.S. attorneys pass the smell test.”

And USA Today reports that “House widens prosecutor firings probe; Committee to seek testimony of 2 more former U.S. attorneys.”

Posted at 8:24 AM by Howard Bashman



“L.A. man faces trial for desertion; An Army specialist who refused to serve in Iraq could get seven years in prison if convicted; The case is being watched by U.S. antiwar groups”: The Los Angeles Times contains this article today.

Posted at 8:18 AM by Howard Bashman



“New scrutiny of ‘don’t ask, don’t tell’; A move to lift the ban on gays in the military is gaining support; But change is unlikely anytime soon”: This article appears today in The Christian Science Monitor.

Posted at 8:14 AM by Howard Bashman