How Appealing



Thursday, March 23, 2006

“8th Circuit to hear cases at UND”: North Dakota Supreme Court News offers an item that begins, “The United States Court of Appeals for the Eighth Circuit will hear three oral arguments at the UND School of Law on Friday, March 24, 2006, beginning at 2:00 p.m. in the Baker Courtroom. All three arguments are open to the public.” The item also notes that Eighth Circuit Judge Kermit E. Bye, whom I had the pleasure of meeting last year in St. Louis and whom I look forward to seeing again this summer in Brainerd, is an alumnus of the University of North Dakota School of Law. More information about tomorrow’s oral arguments is available here.

Posted at 11:34 PM by Howard Bashman



“Change in ‘undue burden’ standard could shift abortion law”: Stephen Henderson of Knight Ridder Newspapers provides this report.

Posted at 10:30 PM by Howard Bashman



“The War On Judges”: CBS News legal analyst Andrew Cohen has an essay that begins, “The political bullies who have launched and maintained their despicable attack on the authority and independence of the federal judiciary finally have met their match. She is a gray-haired grandmother who likes to golf, fly fish and write.”

Posted at 10:28 PM by Howard Bashman



“Moussaoui Prosecutors Close With FBI Agent”: The Associated Press provides this report, which notes that “Before court-appointed defense attorneys could begin their case, Moussaoui announced loudly as he left for a recess that he would testify in his own behalf.”

Posted at 5:02 PM by Howard Bashman



“Abortion rules challenged; Teens who want to avoid telling their parents about an abortion would have new requirements to face under a House bill”: This article appears today in The Miami Herald.

Posted at 4:40 PM by Howard Bashman



If you’re not a subscriber to The Wall Street Journal Online, you’re out of luck (for now): At WSJ.com’s “Law Blog,” Peter Lattman has posted online an “article, in which Kozinski and 32 other Ninth Circuit judges collaborated, argu[ing] against splitting up the circuit.” Sadly, while you can freely access the blog post announcing the availability of the article for download, the PDF of the article itself requires a WSJ Online subscription to access. In the fullness of time, however, the article will become freely available for download via this link.

Update: “ACSBlog” makes the PDF freely available at this link. The Ninth Circuit judges joining in the statement are Chief Judge Mary M. Schroeder and Judges James R. Browning, Alfred T. Goodwin, J. Clifford Wallace, Procter Hug, Jr., Otto R. Skopil, Betty B. Fletcher, Jerome Farris, Harry Pregerson, Warren J. Ferguson, Dorothy W. Nelson, William C. Canby, Jr., Robert Boochever, Stephen Reinhardt, Melvin Brunetti, Alex Kozinski, John T. Noonan, Jr., David R. Thompson, Michael D. Hawkins, A. Wallace Tashima, Sidney R. Thomas, Barry G. Silverman, Susan P. Graber, M. Margaret McKeown, Kim M. Wardlaw, William A. Fletcher, Raymond C. Fisher, Richard A. Paez, Marsha S. Berzon, Johnnie B. Rawlinson, Richard R. Clifton, Consuelo M. Callahan, and Carlos T. Bea. A full list of all Ninth Circuit judges can be accessed here, and individual biographies of all who serve or have served on the Ninth Circuit can be accessed via this link.

Further update: A reader emails, “It would be cool if your post mentioned that this article was published by the Federalist Society. (Engage is their publication, as you probably know.) Instead, it makes it look like this is a ACS or WSJ doc. For all the grief the Feds get, this is a perfect illustration of the vibrant debate that the organization encourages.”

Even further update: WSJ.com is now providing free access for all to the document at this link.

Posted at 3:30 PM by Howard Bashman



“Maine water bottlers win trial”: The Portland Press Herald today contains an article that begins, ”
Lawyers who were accused of dumping one set of clients to get involved in a more lucrative case were ordered to pay $10.8 million Wednesday by a jury in U.S. District Court in Portland. The unanimous 12-member jury found that lawyers from Seattle-based Hagens Berman violated their duty of loyalty to three small water bottlers that were on the verge of settling a claim with Nestle Waters North America, the owner of Poland Spring Water Co., in June 2003.”

And The Associated Press reports that “Jury Awards Bottled Water Companies $10.8M.”

Earlier press coverage from The Press Herald included articles headlined “Water bottlers in court to recoup lost settlement“; “Witnesses tell of how Nestle case fell apart“; and “Deliberations begin in Poland Spring case.”

Posted at 3:15 PM by Howard Bashman



“Fla. Court Kills Redistricting Proposal”: The Associated Press provides a report that begins, “Florida’s highest court knocked a proposed constitutional amendment off the ballot Thursday that would have let voters decide whether to strip lawmakers of their power to redraw legislative and congressional districts.”

In other coverage, The Miami Herald provides a news update headlined “State Supreme Court throws out redistricting amendment.”

Today’s ruling of the Supreme Court of Florida can be accessed here. And at his “Election Law” blog, Rick Hasen offers these thoughts.

Posted at 2:48 PM by Howard Bashman



If you don’t eat yer meat, you can’t have any pudding: A federal court jury awarded to a Wisconsin state prisoner $50,000 in compensatory damages and $1.2 million in punitive damages on the inmate’s claim of cruel and unusual punishment based on the inmate’s 45-pound weight loss due mainly to the inmate’s refusal to comply with a prison policy that requires Supermax prisoners to be wearing pants before they will be served meals in their cells.

After the jury returned its verdict in favor of the inmate, the federal district judge entered judgment as a matter of law in favor of all defendants. The inmate appealed, and today, in an opinion by Circuit Judge Richard A. Posner that thoroughly considers the no-meals-for-pantsless-prisoners policy and inmate self-starvation, a unanimous three-judge Seventh Circuit panel affirms. (This post’s title courtesy of Pink Floyd.)

Posted at 12:54 PM by Howard Bashman



“This case raises a significant constitutional question of first impression in this Circuit: whether federal courts have authority, consistent with the separation of powers, to enjoin the executive branch from filing an indictment.” So begins Circuit Judge Thomas L. Ambro‘s opinion, issued today on behalf of a two-judge panel of the U.S. Court of Appeals for the Third Circuit. The opinion’s second sentence states, “Although federal courts have this authority in narrow circumstances, we conclude that this is not such a case and therefore reverse the District Court’s judgment to the contrary.”

Posted at 12:40 PM by Howard Bashman



“Hanging in the Balance”: Today’s broadcast of the public radio program “On Point” focused on the following subject: “Recently retired Supreme Court justice Sandra Day O’Connor is a cool and sober Arizona ranch-raised Republican. And the remarks the first woman on the high court made this month in Washington sound for all the world like the timeless warnings of America’s founding fathers: defend the balance of powers, always watch out for tyranny.”

You can hear the broadcast online, on demand, using RealPlayer and Windows Media Player.

Posted at 11:55 AM by Howard Bashman



Supreme Court of Florida approves Florida Marriage Protection Amendment for placement on ballot: You can access today’s unanimous ruling at this link.

The proposed amendment to Florida’s Constitution that voters will consider states, “Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”

Posted at 11:10 AM by Howard Bashman



“Supreme Court Strengthens Protection Against Searches; Objection by One Resident Precludes Warrantless Entry Despite Another’s Permission”: Jess Bravin has this article today (pass-through link) in The Wall Street Journal.

And at WSJ.com’s “Washington Wire” blog, Jess has a related post titled “Supreme Disharmony.”

Posted at 10:40 AM by Howard Bashman



“Inventing a new system”: The Los Angeles Times today contains an editorial which notes that “[t]he Supreme Court is considering two cases this term that could roll back the type of patents granted and allow less punitive remedies when one is violated.”

Posted at 8:20 AM by Howard Bashman



“New Source Rebuke”: The Washington Post today contains an editorial that begins, “One might hope that after its rebuke last week by the U.S. Court of Appeals for the D.C. Circuit, the Bush administration would reconsider its efforts to rewrite the rules governing power plant emissions.”

Posted at 8:15 AM by Howard Bashman



“Judge Seeks To Sweeten Netflix Pact By Cutting Fees to Plaintiff Lawyers”: Josh Gerstein has this article today in The New York Sun.

Posted at 8:05 AM by Howard Bashman



“Case for Moussaoui Execution Seems Bolstered by 2 Witnesses”: Neil A. Lewis has this article today in The New York Times.

The Washington Post today reports that “Prosecution Begins Rebuilding Moussaoui Case; Defendant’s Silence Key to Testimony.”

The Los Angeles Times reports that “Witness Lists FAA Measures Available for a Pre-9/11 Tip; An agency official is the first to give aviation testimony after a federal attorney nearly derailed the sentencing trial of Zacarias Moussaoui.”

And The Richmond Times-Dispatch reports that “Airport official testifies in Moussaoui trial; If they had known of terror threat, ‘we could have reacted,’ he says.”

Posted at 8:02 AM by Howard Bashman



“Navy rule on prayer ignites a debate”: The Washington Times today contains an article that begins, “A new Navy policy that encourages chaplains to use only ‘nonsectarian’ language outside of divine services has prompted criticism that regulating prayer services violates the chaplains’ First Amendment rights.”

Posted at 7:30 AM by Howard Bashman



“Some access given in Moussaoui trial; Appeals court allows news reporters to view certain documents”: This article appears today in The Richmond Times-Dispatch. My earlier coverage is here.

Posted at 7:24 AM by Howard Bashman



“In Florida, ‘Uniform’ Foolishness”: Today in The Washington Post, columnist George F. Will has an op-ed that begins, “What Florida’s teachers unions consider a menace, and what Florida’s Supreme Court considers an affront to the state’s constitution, weighs 105 pounds, smiles shyly, speaks softly and wants to be a nurse.”

Posted at 7:20 AM by Howard Bashman