How Appealing



Wednesday, March 26, 2008

“Court Hears Arguments on Americans Held in Iraq”: Linda Greenhouse has this article today in The New York Times.

Today in USA Today, Joan Biskupic reports that “Justices mull limits on rights of detainees.”

Last Friday, Jess Bravin of The Wall Street Journal previewed the oral argument in an article headlined “U.S. Prisoners Fight Transfer; Military Wants 2 in Iraq To Be Tried by Baghdad; Supreme Court to Rule.”

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined “Jail of Two Cities: The Supreme Court gives the right to habeas corpus a swirly.”

From National Public Radio, yesterday’s broadcast of “Morning Edition” contained an audio segment entitled “High Court Hears Cases of U.S. Citizens Held in Iraq” featuring Nina Totenberg. And yesterday’s broadcast of “Day to Day” contained an audio segment entitled “Court Weighs Rights of Americans Arrested in Iraq” featuring Dahlia Lithwick. RealPlayer is required to launch these audio segments.

And at “SCOTUSblog,” Lyle Denniston has a post titled “A simple argument made confusing.”

You can access the transcript of yesterday’s U.S. Supreme Court oral argument in Munaf v. Geren, No. 06-1666, at this link.

Posted at 11:44 PM by Howard Bashman



“Mukasey Goes to Court to Argue a Terrorism Case”: This article appears today in The New York Times.

The Washington Post today contains an article headlined “After a Lifetime in Law, a First Day in Court.”

David G. Savage of The Los Angeles Times reports that “Supreme Court hears war-on-terrorism cases; Justices sound as if they will rule on the side of the Bush administration in case of the ‘Millennium Bomber’ and a U.S. citizen who was arrested by U.S. forces in Iraq.”

Yesterday’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Attorney General Argues First Supreme Court Case” (RealPlayer required).

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Mukasey’s Moment.”

You can access the transcript of yesterday’s U.S. Supreme Court oral argument in United States v. Ressam, No. 07-455, at this link.

Posted at 11:30 PM by Howard Bashman



“Affirmative Action Foes Push Ballot Initiatives; Activists, With Eyes on November, Focus on Five States”: Today’s edition of The Washington Post contains an article that begins, “Sixteen months after voters in Michigan voted to kill affirmative action in the public sphere, opponents of preferences based on race and gender are pushing five more states to ban the practice.”

Posted at 11:15 PM by Howard Bashman



“Why have Clinton and Obama ducked gun control issue?” David Lightman of McClatchy Newspapers has an article that begins, “When Supreme Court justices debate the legality of the District of Columbia’s ban on handguns in coming weeks, their file will include a legal brief from Vice President Dick Cheney, Arizona Sen. John McCain and 54 other senators asking that the law be overturned. But they won’t find anything from Democratic Sens. Hillary Clinton of New York or Barack Obama of Illinois. They didn’t sign the rival brief from other members of Congress who back the tough handgun restrictions.”

Posted at 10:54 PM by Howard Bashman



“Appeals court will reconsider homeschooling ruling”: Bob Egelko of The San Francisco Chronicle provides a news update that begins, “A state appeals court has agreed to reconsider its decision last month that barred homeschooling by parents who lack teaching credentials, raising the possibility that the judges will change a decision that has infuriated homeschool advocates nationwide. The Second District Court of Appeal in Los Angeles granted a rehearing Tuesday at the request of a couple who have taught their eight children at home without credentials.”

Posted at 10:47 PM by Howard Bashman



“Justices Rebuff Bush and World Court; Powers Limited in Texas Death Case”: Robert Barnes has this front page article today in The Washington Post.

Today in The New York Times, Linda Greenhouse reports that “Justices Block New Hearing for Mexican.”

In The Los Angeles Times, David G. Savage reports that “Supreme Court rules Bush exceeded his powers; Saying he does not have ‘unilateral authority’ to force states to comply with an international treaty, justices vote 6-3 to reject presidential order to reopen cases of foreign nationals.” The newspaper also contains an editorial entitled “Supreme Court doesn’t mess with Texas; The high court properly rebuked Bush; But it should have given a Mexican man his day in court.”

In USA Today, Joan Biskupic reports that “High court rejects Bush action in Mexican’s death row case.”

Charlie Savage of The Boston Globe reports that “Court rebukes Bush in death penalty case; Conservatives check expansion of executive power.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court rules against Bush in death-row case; A 6-to-3 majority said the president can’t order a state court to abide by an international court ruling.”

Patti Waldmeir of Financial Times reports that “Top US court at odds with Bush over his powers.”

law.com’s Tony Mauro reports that “Supreme Court Sides With Texas in Dispute With Bush; High court’s 6-3 decision drew strong reaction on both sides.”

The Washington Times reports that “Court says Bush stretched powers.”

The Houston Chronicle reports that “Supreme Court trumps executive power; President can’t force a new trial for Mexican in 1993 murders, the justices find.”

The San Antonio Express-News reports that “Justices rule foreigners can be executed.”

The Fort Worth Star-Telegram reports that “Court rules against Bush in Texas death-penalty case.”

The Dallas Morning News contains an article headlined “Supreme Court: No new hearing for Texas death row inmate.”

From National Public Radio, yesterday evening’s broadcast of “All Things Considered” contained an audio segment entitled “States Not Subject to All Treaties, High Court Rules” featuring Nina Totenberg. And today’s broadcast of “Morning Edition” contained an audio segment entitled “High Court Rejects Bush Assertion on U.S. Treaties” also featuring Nina Totenberg. RealPlayer is required to launch these audio segments.

And yesterday’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a segment entitled “Court Overrules President Bush in Texas Case, Weighs Detainee Rights” (transcript with links to audio and video) featuring Marcia Coyle.

Posted at 10:28 PM by Howard Bashman



“Court Strikes Down State Law Protecting Fliers”: This article appears today in The New York Times.

Joseph Goldstein of The New York Sun reports today that “Judges Ground N.Y.’s Airline Regulation Law.”

The Washington Post reports that “Court Rejects Air Travelers Bill of Rights; Appeals Panel Rules Against N.Y. Law Saying States Cannot Regulate Airlines.”

Bob Egelko of The San Francisco Chronicle reports that “N.Y.’s Passenger Bill of Rights struck down.”

USA Today reports that “Air passenger rights law struck down; Federal court says states don’t have such authority.”

Newsday reports that “State airline passenger bill of rights struck down.”

Bloomberg News reports that “Air Traveler ‘Bill of Rights’ Downed by Appeals Court.”

Reuters reports that “U.S. court rejects airline passengers rights law.”

And law.com reports that “2nd Circuit Strikes Down N.Y. ‘Passenger Bill of Rights.’

My earlier coverage of yesterday’s Second Circuit ruling appears at this link.

Posted at 10:14 PM by Howard Bashman



“Ruling on Mercury Emissions Is Appealed”: The Associated Press provides a report that begins, “The Bush administration has appealed a court ruling that the Environmental Protection Agency violated the federal Clean Air Act when it issued less stringent requirements to reduce mercury releases from power plants. The Justice Department, on behalf of the EPA, asked that the full Court of Appeals for the District of Columbia Circuit reconsider the ruling in a lawsuit brought by New Jersey and 16 other states.”

Posted at 8:00 PM by Howard Bashman



“Supreme Court presses Crown on Khadr”: The Toronto Globe and Mail provides a news update that begins, “Several Supreme Court of Canada justices applied strong pressure to a federal lawyer this morning to reveal what U.S. authorities were given confidential information about accused terrorist Omar Khadr.”

The Toronto Star provides a news update headlined “Ottawa fights Khadr ruling; Supreme Court justices pepper government lawyer with questions.”

The Canadian Press reports that “Khadr’s lawyers hopeful top court will aid in defence against U.S. charges.”

CBC News reports that “Top court reserves judgment on release of Khadr transcripts; Canada ‘took advantage’ of Khadr at Guantanamo Bay, lawyer says.”

Canwest News Service reports that “Wrong court for Khadr disclosure arguments, government says.”

The Associated Press reports that “Guantanamo Argued in Canada’s High Court.”

And Reuters reports that “Canada court told of Guantanamo rights violations.”

Posted at 7:44 PM by Howard Bashman



Access online the transcripts of today’s U.S. Supreme Court oral arguments: You can access the transcript of today’s oral argument in Indiana v. Edwards, No. 07-208, at this link. And you can access the transcript of today’s oral argument in Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., No. 07-312, at this link.

In news coverage, Mark Sherman of The Associated Press reports that “Court Hears Mentally Ill Defendant Case.”

The Indianapolis Star provides a news update headlined “Court hears Ind. self-representation case.”

From National Public Radio, this evening’s broadcast of “All Things Considered” contained an audio segment entitled “Justices Weigh Definitions of Competency” featuring Nina Totenberg. And today’s broadcast of “Day to Day” contained an audio segment entitled “Supreme Court Hears Schizophrenia Case” featuring Lyle Denniston. RealPlayer is required to launch these audio segments.

And at “SCOTUSblog,” Lyle Denniston has a post titled “Competency and the criminal trial.”

Posted at 7:33 PM by Howard Bashman



Programming note: I will be in court again today on a client matter. “SCOTUSblog” will provide timely coverage of any opinions that the U.S. Supreme Court issues today.

An internet outage at home prevented updates to this blog last night. Hope springs eternal for tonight, however.

Posted at 8:04 AM by Howard Bashman