How Appealing



Monday, March 14, 2005

“Scalia Showing His Softer Side; Justice Moves Into Public Eye With Possible Sights Set on Chief Job”: Tuesday’s edition of The Washington Post will contain this article.

Posted at 11:12 PM by Howard Bashman



Available online from law.com: An article reports that “Opponents of Gay Marriage Vow to Appeal Calif. Ruling.”

Tony Mauro reports that “Blackmun Papers Show Late Justice to Be Fan of ‘A Prairie Home Companion.’

An article is headlined “Still Working to Free Jonathan Pollard.”

Jeff Chorney reports that “9th Circuit Knocks Judge for ‘Incomprehensible’ Ruling.”

In other news, “2nd Circuit Denies Ineffective Assistance Bid in ‘Bizarre’ Case.”

And an article reports that “Ga. Legal Community Deals With Courthouse Shootings’ Aftermath; Friday’s slayings bring grief, mistrials and security changes.”

Posted at 10:25 PM by Howard Bashman



“Is Scalia campaigning for chief justice? Justice delivers denunciation of ‘living Constitution’ theory, with TV cameras broadcasting live.” Tom Curry, national affairs writer for MSNBC, provides this report. Additional coverage of today’s speech (RealPlayer required) is available here and here.

Posted at 10:15 PM by Howard Bashman



“Andean villagers seek American justice; Mercury contamination near Peru mine leads to legal showdown in Denver court”: This article appears today in The San Francisco Chronicle.

Posted at 10:14 PM by Howard Bashman



“Court security on agenda for Judicial Conference”: CNN.com reports here that “Security at the nation’s federal courthouses is expected to be on the top of the agenda Tuesday at the semiannual meeting of the body that oversees the federal judiciary.”

Posted at 10:00 PM by Howard Bashman



“Confirmation conversion? Electing U.S. Supreme Court justices would be the wrong solution to a real problem.” Michael McGough of The Pittsburgh Post-Gazette today has this essay in that newspaper.

Posted at 9:58 PM by Howard Bashman



Bush v. Gore on Justice Antonin Scalia’s mind: At about twenty-one minutes and fifty seconds into today’s speech (RealPlayer required), Justice Scalia discusses the U.S. Supreme Court’s ruling in BMW v. Bush, explaining that it wasn’t that Bush. Indeed, it wasn’t Bush at all; rather it was Gore (but not that Gore)!

Posted at 9:14 PM by Howard Bashman



“Judge in gay marriage case is a Catholic Republican appointee”: David Kravets of The Associated Press provides this report.

Posted at 8:30 PM by Howard Bashman



“Moral Courage in Public Life”: Tuesday’s edition of The Christian Science Monitor will contain an editorial that begins, “A number of recent, and tragic, shootings may foster a perception that anyone who steps into the public realm in American society – be it president, judge, minister, teacher, local official, sports referee, or flight attendant – risks violence by those they serve.”

Posted at 5:48 PM by Howard Bashman



“Death penalty for trucker would be a first under immigrant-smuggling law”: This article appears today in The Houston Chronicle.

Posted at 5:33 PM by Howard Bashman



U.S. Court of Appeals for the Eleventh Circuit affirms $4 million verdict for family members of a Chilean economist slain by the Pinochet government shortly after the military junta took control of Chile in 1973: You can access today’s ruling at this link. The case arose under Alien Tort Claims Act and Torture Victim Protection Act (the latter of which the opinion erroneously referrs to as the “Tort Victims Protection Act”).

The law firm of Wilson Sonsini Goodrich & Rosati, which served as co-counsel for the plaintiffs, issued this summary about the litigation and explained elsewhere that “This case marked the first jury verdict in the United States for crimes against humanity and one of the only instances in history of Chilean human rights abusers being held accountable for widespread crimes committed during the Pinochet regime.”

More information about the case can be accessed here via The Center for Justice and Accountability.

Posted at 5:15 PM by Howard Bashman



BREAKING NEWS — “A Superior Court judge has ruled that California’s law limiting marriage to a union between a man and a woman is unconstitutional.” So The Associated Press is reporting in this news alert.

Posted at 3:11 PM by Howard Bashman



Law Professor Laurence H. Tribe has today transmitted his response to National Review magazine regarding Ramesh Ponnuru’s essay “How to be a Hero of Liberty”: You can access Professor Tribe’s letter to the editor at this link. The essay to which Professor Tribe is responding can be accessed at this link.

Posted at 12:27 PM by Howard Bashman



“A Libel Case Raises a Tricky Question of Jurisdiction”: The New York Times contains this article today. I previously collected at this link news coverage from Canada, where the case is pending.

Posted at 11:40 AM by Howard Bashman



You can take this U.S. Supreme Court oral argument transcript without having to pay any just compensation: Now available online, free of charge, is the oral argument transcript in Kelo v. City of New London, Connecticut.

Although that eminent domain case was argued last month while I was away on vacation, on my return I collected press coverage of the oral argument at this link.

Posted at 10:35 AM by Howard Bashman



“Wassenaar to question possible jurors; Inmate defends self in prison hostage trial”: This article appears today in The Arizona Republic. The article explains that the inmate will be wearing leg irons and a stun belt, and that the jury will be removed from the room when the inmate needs to move around the courtroom “so that the jurors do not see him hobbling in leg irons.”

Some may recall that in August 2002, the Supreme Court of California issued a ruling that considered the use of stun belts to restrain potentially hostile defendants in criminal prosecutions. My report on that ruling can be accessed here, and a post I wrote concerning a noteworthy amendment to that decision can be accessed here. The lone dissenter on California’s highest court was D.C. Circuit nominee Janice Rogers Brown.

Posted at 10:10 AM by Howard Bashman