How Appealing



Wednesday, April 28, 2010

“Justices’ Ruling Blocks Cross Removal”: Adam Liptak will have this article Thursday in The New York Times.

Warren Richey of The Christian Science Monitor reports that “Vets win Supreme Court victory in ‘Mojave cross’ case; The cross on a desert hilltop in the Mojave National Preserve in California has stood since 1934. Opponents say having the Mojave cross on public land violates the constitutional prohibition on government endorsement of religion.”

And Bill Mears of CNN.com reports that “High court rules cross doesn’t violate separation of church and state.”

Posted at 8:32 PM by Howard Bashman



“On Supreme Court’s Final Argument Day, First Amendment Dominates”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 2:15 PM by Howard Bashman



“NJ court agrees to hear US senator recall case”: The Associated Press has a report that begins, “New Jersey’s highest court has agreed to hear the case of a tea party group seeking to recall one of the state’s U.S. senators.”

Posted at 2:08 PM by Howard Bashman



“Without Scalia, whither anonymity?” At “SCOTUSblog,” Lyle Denniston has a post that begins, “Justice Antonin Scalia, using history, sarcasm and political taunts, laid down a barrage of objections Wednesday to a plea that the Supreme Court create a new constitutional right of anonymity for individuals who sign petitions to get policy measures onto election ballots.”

And Jesse J. Holland of The Associated Press reports that “Court skeptical on keeping signers’ names private.”

Posted at 11:50 AM by Howard Bashman



Access online today’s ruling of the U.S. Supreme Court in an argued case: The Court today issued its ruling in Salazar v. Buono, No. 08-472, the case involving the Mojave cross.

You can access the Court’s ruling at this link and the oral argument transcript at this link.

Justice Anthony M. Kennedy announced the judgment of the Court and delivered an opinion in which the Chief Justice joined and Justice Samuel A. Alito, Jr. joined in part. The Chief Justice issued a concurring opinion. Justice Alito issued an opinion concurring in part and concurring in the judgment. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined. Justice John Paul Stevens issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. And Justice Stephen G. Breyer issued a dissenting opinion.

In early news coverage, The Associated Press reports that “High court says Mojave cross in Calif. can remain.”

Update: It is interesting to note that the case will now be remanded for the district court to conduct proceedings that a majority of the Justices view as unnecessary or inappropriate.

Posted at 10:04 AM by Howard Bashman



“Court: Oneida Indian Nation can ignore tax collector.” Today’s edition of The Post-Standard of Syracuse, New York contains an article that begins, “When the U.S. Supreme Court ruled in 2005 that the Oneida Indian Nation had to pay property taxes, much of Madison and Oneida counties rejoiced. A federal appeals court on Tuesday, however, stripped the counties of the power to actually collect those taxes. A panel of the 2nd Circuit Court of Appeals said that, while the tribe might owe taxes, it can’t be taken to court because it’s sovereign.”

The Oneida Daily Dispatch reports today that “Court rules that Madison and Oneida counties can’t foreclose on Oneida Indian Nation land.”

And The Utica Observer-Dispatch contains an article headlined “US judges: Counties can’t foreclose on Oneidas.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 8:40 AM by Howard Bashman



“Top court candidates differ on use of presidential power; Elena Kagan seems to have the broadest view, which worries some liberal legal analysts”: David G. Savage has this article today in The Los Angeles Times.

In today’s edition of The New York Times, Charlie Savage has an article headlined “How Bombing Case Helped Shape Career of a Potential Justice.”

In Monday’s edition of The Washington Post, columnist E.J. Dionne Jr. had an op-ed entitled “The right court fight.”

And at Salon.com, Glenn Greenwald has a blog post titled “Larry Lessig’s ‘case for Kagan’ is the opposite.”

Posted at 8:20 AM by Howard Bashman