How Appealing



Monday, April 3, 2006

“High Court Will Not Review Padilla Case; ‘Enemy Combatant’ Ruling Left Intact”: Charles Lane will have this article Tuesday in The Washington Post.

Posted at 10:08 PM by Howard Bashman



“Pryor: Faith helps his role as judge; UA conference seeks common ground on religious issues.” This article appears today in The Crimson White.

Posted at 8:18 PM by Howard Bashman



“The ‘Enemy’ Delivers Himself”: CBS News legal analyst Andrew Cohen has this essay on today’s verdict in the Zacarias Moussaoui case.

Posted at 6:02 PM by Howard Bashman



“The settlement agreement resolves claims against the Jenkens & Gilchrist Defendants arising out of tax strategies allegedly devised by them and Deutsche Bank, and allegedly marketed by co-defendant BDO Seidman, L.L.P.” In a lengthy opinion dated last Friday but posted online today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit upholds in most respects a class-wide settlement with defendant law firm Jenkens & Gilchrist and three of its attorneys in a class-action lawsuit alleging improper and fraudulent tax counseling.

Posted at 5:08 PM by Howard Bashman



BREAKING NEWS — “Moussaoui Jury Reaches Verdict”: The Associated Press provides this report. According to CNN.com, the verdict will be announced at 4 p.m.

Posted at 3:04 PM by Howard Bashman



“May It Please the Client: Appellate Practices Expand.” Peter Lattman has this post at The Wall Street Journal Online’s “Law Blog.”

Posted at 2:55 PM by Howard Bashman



“Anatomy of a Bad Law”: In the April 17, 2006 issue of The Nation, Lauren Bans will have an essay that begins, “In February the South Dakota legislature overwhelmingly passed a bill banning all abortion unless the life of the mother is endangered, with no exceptions for rape or incest.”

Posted at 2:44 PM by Howard Bashman



Federal Circuit Chief Judge Paul R. Michel corrects Howard Mintz of The San Jose Mercury News regarding that court’s jurisdiction: As I noted here yesterday, in an article published yesterday Mintz reported that “the Washington, D.C.-based Federal Circuit Court of Appeals … currently specializes in patent and bankruptcy cases.”

Update: Federal Circuit Chief Judge Michel and Second Circuit Chief Judge John M. Walker, Jr. have thus far testified against the proposed centralization of immigration appeals in the Federal Circuit. Ninth Circuit Judge Carlos T. Bea next testified in favor of the legislation. Thereafter, Senior Second Circuit Judge Jon O. Newman testified against the legislation. In the alternative, Judge Newman suggests a specialized court modeled on the FISA or TECA courts consisting of judges drawn from federal courts throughout the Nation. Finally, U.S. District Judge John M. Roll (D-Ariz.) testified in favor of the legislation.

Posted at 10:11 AM by Howard Bashman



Today’s U.S. Supreme Court Order List: Today’s Order List can be accessed here. The Court granted review in two cases presenting the same issue, which were consolidated for a single hour of oral argument.

In the Jose Padilla case, the Court today denied review. The denial was accompanied by a concurring opinion by Justice Anthony M. Kennedy, in which the Chief Justice and Justice John Paul Stevens joined, and by a dissenting opinion by Justice Ruth Bader Ginsburg. Justices David H. Souter and Stephen G. Breyer also noted that they voted to grant review, meaning that the case fell one vote shy of achieving the grant of certiorari.

At “SCOTUSblog,” Lyle Denniston has a post titled “Court refuses to hear Padilla appeal.” Denniston also reports that the Court issued no opinions in argued cases today.

And Gina Holland of The Associated Press reports that “Supreme Court Rejects War Powers Case.”

Posted at 10:02 AM by Howard Bashman



“A Simmering Border Dispute; A plan to have the Federal Circuit hear immigration appeals worries judges and advocates alike”: This article (free access) appears in today’s issue of Legal Times.

Today at 10 a.m., the Senate Judiciary Committee holds a hearing on the issue. My earlier coverage is here.

Update: C-SPAN will provide live coverage of the hearing (in RealPlayer and Windows Media Player formats), while the Judiciary Committee’s own live video feed can be accessed here (RealPlayer required). The witness list is here. Four federal appellate judges, and one U.S. District Judge (who happens to be a vocal proponent of a Ninth Circuit split) are slated to testify.

Posted at 8:14 AM by Howard Bashman



“Who’s on the Argument Panel: Why Ignorance Isn’t Bliss.” Today’s brand new installment of my “On Appeal” column for law.com can be accessed here.

Posted at 7:20 AM by Howard Bashman



“Non-English Speakers Want Their Say in Court; Much to the frustration of immigrants trying to navigate California’s civil system, interpreters are provided only for certain cases”: This article appears today in The Los Angeles Times.

Posted at 7:14 AM by Howard Bashman