How Appealing

Monday, April 20, 2009

Programming note: On Tuesday morning, I'll be among the many attorneys presenting oral argument to a three-judge panel of the U.S. Court of Appeals for the Third Circuit in the related cases listed here.

The U.S. Supreme Court will likely release one or more opinions in argued cases at 10 a.m. eastern time on Tuesday. "SCOTUSblog" will provide timely coverage of any developments.

Additional posts will appear here on Tuesday afternoon.
Posted at 10:35 PM by Howard Bashman



Available online from law.com: Marcia Coyle reports that "High Court to Rule on Bias Avoidance in Major Job Discrimination Case."

And Shannon P. Duffy reports that "3rd Circuit Hands Major Victories to Criminal Defense Bar."
Posted at 10:30 PM by Howard Bashman



"Justices Hear Arizona Case On Teaching English": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:20 PM by Howard Bashman


"Justice Dept. asks court to lift Demjanjuk stay": The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman


"Coleman files Senate appeal with state Supreme Court": The Minneapolis Star Tribune has this news update.

The St. Paul Pioneer Press has a news update headlined "Coleman files notice to appeal."

And The Associated Press reports that "Minnesota Senate race moves to high court appeal."

At his "Election Law" blog, Rick Hasen has a post titled "Coleman Appeals."
Posted at 08:55 PM by Howard Bashman



"Obama Urges C.I.A. Not to Be Discouraged by Memos": This article will appear Tuesday in The New York Times.

The Washington Post has a news update headlined "In Visit, Obama Vows Support for CIA."

And The Associated Press reports that "Obama defends secret memo release to CIA employees."
Posted at 08:40 PM by Howard Bashman



"Justices to Rule on Law Banning the Depiction of Cruelty to Animals": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 08:37 PM by Howard Bashman


"Court weighs state's duty to English learners": The Associated Press has a report that begins, "The Supreme Court seemed to divide into liberal and conservatives camps Monday during arguments in a case that could limit the power of federal courts to tell states to spend more money to educate students who aren't proficient in English."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Advocate Starr Watches as Justices Breyer and Scalia Spar."

And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Justices Weigh Arizona ELL Case."

You can access the transcript of today's U.S. Supreme Court oral argument in Horne v. Flores, No. 08-289, by clicking here.
Posted at 05:00 PM by Howard Bashman



"Dog-fighting videos at heart of Supreme Court case; The court will consider a law that bans the sale or possession of photos or videos of animals being harmed or mutilating one another; Free speech and animal cruelty are issues at stake in the case": David G. Savage of The Los Angeles Times has this news update.

Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "High court to hear dog fight video case."

Greg Stohr of Bloomberg News reports that "Animal Cruelty Law Draws U.S. High Court Review in Speech Case."

And James Vicini of Reuters reports that "US Supreme Court to rule on animal cruelty law."
Posted at 02:12 PM by Howard Bashman



"Justices skeptical on allowing Iraq to be sued": Jesse J. Holland of The Associated Press has this report.
Posted at 02:07 PM by Howard Bashman


Bob Egelko of The San Francisco Chronicle is reporting: In today's newspaper, he has an article headlined "Torture case lawyers may face jail for letter."

And in this past Saturday's newspaper, he had an article headlined "Judge rejects bid to derail wiretap challenge."
Posted at 02:05 PM by Howard Bashman



"Court to give same-day audio in voting rights case": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Early release of voting rights audio."
Posted at 02:00 PM by Howard Bashman



"[W]e must decide whether the Second Amendment applies to the states through the Fourteenth, a question that Heller explicitly left open." In an opinion issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers "yes." Circuit Judge Diarmuid F. O'Scannlain wrote today's ruling, in which Circuit Judge Ronald M. Gould and Senior Circuit Judge Arthur L. Alarcon joined. Judge Gould also wrote a short concurring opionion.

At "The Volokh Conspiracy," Eugene Volokh notes today's ruling in this post.
Posted at 01:44 PM by Howard Bashman



"13-year-old's school strip-search case heads to Supreme Court": CNN.com has this report.
Posted at 12:10 PM by Howard Bashman


"Court rejects former Kan. utility CEO's appeal": The Associated Press has a report that begins, "The U.S. Supreme Court has rejected the appeal from former Kansas utility head David Wittig of his prison sentence following a 2003 bank fraud conviction."
Posted at 12:00 PM by Howard Bashman


"Killers languish on Pennsylvania death row as appeals drag on, stats show": This article appears today in The Pittsburgh Tribune-Review.

And yesterday's edition of The Pittsburgh Post-Gazette contained articles headlined "For those convicted, it's a long road to the death penalty; Even if Richard Poplawski were to be sentenced to die, it may not happen" and "States finding death penalty's costs prohibitive."
Posted at 11:05 AM by Howard Bashman



Happy birthday to Justice John Paul Stevens: According to today's installment of the popular "Today in History" feature from The Associated Press, Justice Stevens turns 89 years old today.
Posted at 10:42 AM by Howard Bashman


The Associated Press is reporting: "Court to decide if prosecutors can be sued";

"Court turns down challenge to jury's use of Bible"; and

"Va. whistleblower loses bid for reinstatement."
Posted at 10:37 AM by Howard Bashman



"Crush with Eyeliner": At "SCOTUSblog," Lyle Denniston reports that "Court to rule on First Amendment exception."

And The Associated Press reports that "High court to review pit bull case."

You can access today's Order List of the Supreme Court of the United States at this link.

The en banc ruling of the U.S. Court of Appeals for the Third Circuit in this case can be accessed here. Some of this blog's earlier coverage of the case can be accessed here and here.

The video of the R.E.M. song that provides the title for this post can be viewed by clicking here.
Posted at 10:24 AM by Howard Bashman



"Annals Of Impeachment: Oust Bybee? Times' Call For Judge's Impeachment Reflects Widespread Frustration With Obama's Inaction On Torture." CBS News legal analyst Andrew Cohen has this "CourtWatch" essay.

I linked to the editorial to which Cohen is referring in this post from Saturday night.
Posted at 09:55 AM by Howard Bashman



"Mental damage from CIA tactics is disputed; Justice Department memos say no permanent harm was inflicted from interrogation techniques, but some doctors and psychologists disagree": This article appears today in The Los Angeles Times.

The New York Times reports today that "Waterboarding Used 266 Times on 2 Suspects."

The Washington Post reports that "Emanuel Rejects Trial for Memos' Authors."

And in The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled "The Memos Prove We Didn't Torture: The Red Cross was completely wrong about 'walling.'"
Posted at 08:07 AM by Howard Bashman



"Unreasonable Search": The New York Times today contains an editorial that begins, "The Supreme Court has long struggled to balance the privacy rights of students against schools' need to keep campuses safe."

And today's edition of The Washington Post contains an editorial entitled "Strip Searches in School: The Supreme Court must weigh the rights of students against the duty of school officials to protect safety."
Posted at 08:00 AM by Howard Bashman



"Justices to hear Ariz. case; U.S. high court may settle English-learner controversy": This article appears today in The Arizona Republic.

Today in The Arizona Daily Star, Howard Fischer reports that "Justices get AZ bilingual case today; US Supreme Court to hear arguments on whether state meets language orders."

The Associated Press reports that "Court to weigh state's duty to English learners."

And today's broadcast of NPR's "Morning Edition" contains an audio segment entitled "Supreme Court Hears Case On English In Schools" (RealPlayer required) featuring Nina Totenberg.
Posted at 07:54 AM by Howard Bashman



"The New Nattering Nabobs of Negativism Are Gunning For Obama's Judicial Nominees: A Republican Strategy That We Must All Hope Fails." John W. Dean has this essay online at FindLaw.
Posted at 07:45 AM by Howard Bashman






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