How Appealing

Thursday, March 18, 2010

"Matheson on merits": In today's edition of The Salt Lake Tribune, former Tenth Circuit Judge Michael W. McConnell has a letter to the editor that begins, "News that University of Utah law professor Scott Matheson Jr. has been nominated to the U.S. Court of Appeals has been marred by speculation that the nomination is an attempt to suborn the vote of his brother, Rep. Jim Matheson, in favor of the Obama administration's health care proposal. From my personal knowledge, this speculation cannot be true."
Posted at 10:07 PM by Howard Bashman

"Senate confirms Thompson for federal bench": Today's edition of The Providence Journal contains an article that begins, "The Senate voted unanimously Wednesday to seat Rhode Island Superior Court Judge O. Rogeriee Thompson on the U.S. Court of Appeals for the 1st Circuit."
Posted at 09:55 PM by Howard Bashman

"9th Circuit won't rehear lawsuit against Ashcroft": The Associated Press has a report that begins, "A federal appellate court says it won't reconsider its ruling that former Attorney General John Ashcroft can be held personally responsible for misuse of the material witness statute after the Sept. 11 attacks."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the opinions concurring in and dissenting from that order, at this link. A total of eight judges noted their dissent from the court's denial of rehearing en banc.

Update: Carol J. Williams of The Los Angeles Times has a blog post titled "Appeals court lets stand decision that Ashcroft can be sued."
Posted at 02:33 PM by Howard Bashman

"Spotlight On Potential High Court Nominee": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "A case the U.S. Supreme Court has taken up over a Christian group's challenge to UC Hastings College of the Law's nondiscrimination policy for student groups could end up influencing the political debate over a possible vacancy on the court this summer. In many ways, the case puts 7th U.S. Circuit Court of Appeals Judge Diane P. Wood, one of the leading contenders for the eventual opening, in the same position that then-2nd Circuit Judge Sonia Sotomayor was in last year over her role in a case before the court last term."
Posted at 02:11 PM by Howard Bashman

"Taxing Punitive Damages": Law professors Gregg D. Polsky and Dan Markel have posted this article online at SSRN (via "Legal Theory Blog").
Posted at 12:23 PM by Howard Bashman

"Supreme Court Unveils New Web Site Design": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

You can access the U.S. Supreme Court's redesigned web site by clicking here.

Among other changes, and in an effort to assert universal judicial supremacy, the "http" address for the Court's web site will be dropping the "us" and thus will henceforth be A press release that the Court's Public Information Office issued today can be accessed here.
Posted at 12:12 PM by Howard Bashman

"A win for plaintiff in 'sexting' case": The Times Leader of Wilkes-Barre, Pennsylvania contains this article today.

The Times-Tribune of Scranton, Pennsylvania reports today that "Federal appeals court bars prosecutor from pursuing charges in teen sexting case."

The Philadelphia Inquirer reports that "Court averts free-speech issue on 'sexting.'"

The New York Times reports that "Court Says Parents Can Block 'Sexting' Cases."

Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit Bars Prosecution Threat for Teen 'Sexting'; Panel also found former DA had violated parents' rights by usurping their roles."

And in related news, The Pottsville Republican Herald reports that "Teens convicted of 'sexting' could have records expunged."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 09:50 AM by Howard Bashman

"Bill Eases Penalty For Crack Cocaine Possession": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:40 AM by Howard Bashman

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