How Appealing

Monday, May 1, 2006

"Justices reject S.C. limit on defendant's case": Joan Biskupic will have this article Tuesday in USA Today.
Posted at 11:20 PM by Howard Bashman

"Justices Reinstate Smith's Claim": In Tuesday's edition of The Washington Post, Charles Lane will have an article that begins, "The Supreme Court handed a victory to former Playboy model Anna Nicole Smith in the battle over her late husband's fortune yesterday, ruling that the California federal courts that awarded her tens of millions of dollars had not exceeded their authority."

Tuesday's edition of The Guardian (UK) contains an article headlined "Anna Nicole Smith's victory in legacy fight."

And Reuters, via The Sydney Morning Herald, reports that "Anna may not go bust."
Posted at 10:40 PM by Howard Bashman

"9th Circuit says players protected by Constitution": The Associated Press provides a report that begins, "Eight members of the 2000-2001 Clatskanie High School basketball team were constitutionally entitled to criticize a coach whom they believed was being verbally abusive, a 9th Circuit Court of Appeals panel ruled in a decision issued Monday." My earlier coverage is here.
Posted at 10:35 PM by Howard Bashman

"Anna Nicole Smith scores Supreme Court win": The Fort Worth Star-Telegram provides this news update.

And Patty Reinert of The Houston Chronicle provides a news update headlined "Anna Nicole Smith wins Supreme Court ruling."
Posted at 09:14 PM by Howard Bashman

"Complaint against justice dismissed": The Associated Press provides a report that begins, "A state judicial panel has dismissed a complaint that accused state Supreme Court Justice Tom Parker of violating the standards of conduct for Alabama judges by writing a newspaper commentary critical of his fellow justices."
Posted at 09:08 PM by Howard Bashman

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Supreme Court Sides with Anna Nicole Smith" (featuring Nina Totenberg) and "Lay Ends Testimony; Character Witnesses Next." RealPlayer is required to launch these audio segments.
Posted at 09:00 PM by Howard Bashman

"U.S. Supreme Court asked to rule on Tennessee's 'Choose Life' license plates": The Tennessean provides a news update that begins, "The American Civil Liberties Union of Tennessee today asked the U.S. Supreme Court to take up Tennessee's 'Choose Life' license plate." For reasons that I have previously explained here, this case has a very good likelihood of obtaining U.S. Supreme Court review.
Posted at 08:55 PM by Howard Bashman

Justice John Paul Stevens sneaks bosom reference into his separate opinion in the Anna Nicole Smith case: But since the reference was in Latin, it fell to Steve Vladeck of "PrawfsBlawg" to explain the matter.
Posted at 08:38 PM by Howard Bashman

"John Roberts, Samuel Alito, and Second-Principles Conservatism": Orin Kerr has this post at his solo blog.
Posted at 08:33 PM by Howard Bashman

The Associated Press is reporting: Gina Holland reports that "Supreme Court Rejects Abortion Poster Case."

In other news, "Long Deliberations Seen to Favor Moussaoui."

And an article reports that "Jury Selection Begins in Sniper's 2nd Trial."
Posted at 08:30 PM by Howard Bashman

"Power Surge: The Constitutional Record of George W. Bush." The Cato Institute has today issued this white paper by Gene Healy and Timothy Lynch.
Posted at 04:50 PM by Howard Bashman

Stephen Colbert roasts President Bush (and has a few words for Justice Antonin Scalia, too): The comedian's interaction with Justice Scalia (who can be seen laughing in response to Colbert's remarks) appears approximately two-thirds of the way through this video clip.
Posted at 04:40 PM by Howard Bashman

"Alito Pens First Opinion as a Supreme Court Justice; Court Also Rules in Favor of Anna Nicole Smith":'s Tony Mauro provides this news update.
Posted at 04:10 PM by Howard Bashman

"Anna Nicole Smith wins over justices; Former Playmate can pursue share of late husband's millions": provides this report.
Posted at 03:48 PM by Howard Bashman

"Plea Deal Points to Milberg Partners": Justin Scheck today has this report at
Posted at 03:40 PM by Howard Bashman

The principal is your pal, at least half the time: A reader emails:
Not only does the Ninth Circuit's Pinard case break new ground--high school basketball players have a right to free speech!! Who knew?--but the opinion contains a priceless misspelling: principle for principal, on p. 4911. I would have thought that the Court would have taken special care to spell it right in this one. Guess not.
To the court's credit, principal is spelled correctly on page 4913. My earlier coverage of this ruling appears here.
Posted at 03:30 PM by Howard Bashman

"Anna Nicole Smith Scores Supreme Court Win": The Los Angeles Times provides this news update.
Posted at 02:28 PM by Howard Bashman

"Of pain and punishment: Concerns have been raised about Florida's lethal injection regime that should be addressed by lawmakers rather than wait for a high court ruling." This editorial appears today in The St. Petersburg Times.

And online at Reason, Ronald Bailey has an essay entitled "Killing Me Softly: Is 'putting down' a murderer 'cruel and unusual'?"
Posted at 02:25 PM by Howard Bashman

"We hold that the district court erred in adopting from the government employment context the public concern standard for determining whether the First Amendment protects student speech." The U.S. Court of Appeals for the Ninth Circuit issued this opinion today. The opinion begins, "This student speech case arises from a school district's suspension of student athletes from its high school varsity basketball team. The students allege that the school district and various school officials violated their First Amendment free speech rights by suspending them in retaliation for speaking out against their coach."
Posted at 01:35 PM by Howard Bashman

"[W]e conclude that the Department has successfully navigated between the Scylla of not respecting its employee's right to the free exercise of his religion and the Charybdis of violating the Establishment Clause of the First Amendment by appearing to endorse religion." Circuit Judge Consuelo M. Callahan today issued this opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:30 PM by Howard Bashman

"Kin of alleged victim ejected from sniper trial; Man asked to leave courtroom after shouting obscenities at Muhammad": The Baltimore Sun provides this news update.
Posted at 12:25 PM by Howard Bashman

"I Was Juan Non-Volokh": Jonathan H. Adler has this post today at "The Volokh Conspiracy."
Posted at 12:08 PM by Howard Bashman

Three-judge Eighth Circuit panel finds merit in reverse discrimination claim challenging the 2002 Affirmative Action Plan of Omaha, Nebraska's fire department: Today's ruling holds that "[t]he promotional decisions at issue thus were the result of racial classifications that were not narrowly tailored to remedy identified past discrimination."
Posted at 11:33 AM by Howard Bashman

"A sex toy story: Fabled San Francisco co-op Good Vibrations brought 'adult novelties' out of the closet in the 1970s; Now it's ditching its socialist roots to try to grab its share of the billion-dollar industry it spawned." This article appears in the current issue of Business 2.0 Magazine. I recently explored the appellate aspect of sex toy litigation in a column that you can access here.
Posted at 11:05 AM by Howard Bashman

"Chief justice has revolutionized California's judiciary; George marks 10th year as leader of court system": The San Diego Union-Tribune contains this article today.
Posted at 10:40 AM by Howard Bashman

"Death Sentence Could Challenge Both Sides; If Moussaoui seeks to be executed, will lawyers -- and feds -- oblige?" This article appears in today's issue of Legal Times.

This week's installment of my "On Appeal" column for takes a look at a likely appeal in the Moussaoui case.
Posted at 10:25 AM by Howard Bashman

Today's U.S. Supreme Court decisions in argued cases and Order List: The Court today issued three decisions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Holmes v. South Carolina, No. 04-1327. This is Justice Alito's first opinion as a U.S. Supreme Court Justice. You can access the syllabus here; Justice Alito's opinion here; and the oral argument transcript here.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Marshall v. Marshall, No. 04-1544, more famously known as the Anna Nicole Smith case. You can access the syllabus here; Justice Ginsburg's opinion of the Court here; Justice John Paul Stevens' opinion concurring in part and concurring in the judgment here; and the oral argument transcript here.

3. Finally, Justice Stevens delivered the opinion for a unanimous Court in Arkansas Dept. of Health and Human Servs. v. Ahlborn, No. 04-1506. You can access the syllabus here; Justice Stevens' opinion here; and the oral argument transcript here.

In early news coverage of today's developments, Gina Holland of The Associated Press reports that "Supreme Court Backs Ex-Playmate's Effort." And The AP also reports that "Court Says Defendants Can Blame Others" and "Court Limits States Seeking Medical Costs."

You can access today's Order List at this link. The Court granted review in one case.

And at "SCOTUSblog," Lyle Denniston has a post titled "Alito's first opinion; Court rules on probate case."
Posted at 10:04 AM by Howard Bashman

"Ready to Rumble: The justices, sometimes with vulgar hand gestures, are lashing back at their critics; Is that such a bad thing?" Tony Mauro has this article in the May 2006 issue of The American Lawyer.
Posted at 09:59 AM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "2nd Week of Moussaoui Deliberations Begin" and "Jury Selection to Begin in 2nd Sniper Case."
Posted at 09:58 AM by Howard Bashman

"Controversial Bush judge broke ethics law; A Salon/CIR investigation reveals that Terrence Boyle, a key circuit court nominee touted by the White House and Senate Majority Leader Bill Frist, ruled in multiple cases involving corporations in which he held investments": Will Evans has this article today at

And The News & Observer of Raleigh, North Carolina today contains a related article headlined "Claims put Boyle's new bench seat at risk."
Posted at 09:55 AM by Howard Bashman

"High court to decide if woman can sue pastor": The Fort Worth Star-Telegram today contains an article that begins, "In a local case that could have broad implications for First Amendment rights, the Texas Supreme Court will review a lower court ruling allowing a woman to sue her minister after he divulged details from her marriage counseling sessions to his congregation."
Posted at 09:02 AM by Howard Bashman

"Blawg Review #55": hosts this week's installment, which appears to be a day-long work in progress.
Posted at 08:50 AM by Howard Bashman

"Mr. Moussaoui's Punishment: When prosecutors and a defendant are eager for a death sentence, think twice." The Washington Post contains this editorial today.

And the brand new installment of my "On Appeal" column for is headlined "Considering a Likely Appeal in the Moussaoui Case."
Posted at 07:28 AM by Howard Bashman

"Lethal injection challenges mount; Penalty isn't issue - just the drugs used": This article appears today in The Dallas Morning News.
Posted at 07:25 AM by Howard Bashman

"Abortion law puzzles even judges; Starts today: Clinics rush to train people to help pregnant teens navigate new guidelines." The Salt Lake Tribune today contains an article that begins, "A few months ago, Utah lawmakers were baffled about legislation requiring a parent's consent before a teen can get an abortion. Abortion-rights advocates and foes struggled to figure out the bill as it wound through Capitol Hill. And now the confusion is carrying over to judges who have to translate it during real-life cases."
Posted at 07:20 AM by Howard Bashman

"ACLU making bid for monument removal; Recent court decisions may be on the side of Haskell County's display of the Ten Commandments": The Tulsa World contains this article today.
Posted at 07:15 AM by Howard Bashman

"Shaky Performance -- At the Enron Trial, Strange Stumbles Mar Lay's Defense; Team Seems Caught Off Guard At Times and Ex-Chairman Gets Testy, Even to Counsel; 'You Guys Are Pretty Thorough'": This front page article (free access) appears today in The Wall Street Journal.

And The Houston Chronicle reports today that "Trial getting personal for Lay; Defense to call pastors, friends; Skilling's team lines up experts."
Posted at 07:12 AM by Howard Bashman

"Breyer calls for 'active' democracy": The Daily Princetonian contains this article today.

And The Trenton Times today contains an article headlined "Justice summons active citizenship; Breyer: 'We do need activist citizens.'"
Posted at 06:58 AM by Howard Bashman

"Pulling Back From The Brink: Why are death sentences and executions dropping?" This article appears in the May 8, 2006 issue of U.S. News & World Report.
Posted at 06:48 AM by Howard Bashman

"Can Schools Punish Students for Posting Offensive Content on MySpace and Similar Sites? Often, the Answer Is No, Unless The Posting Materially Disrupts School Activities." Anita Ramasastry has this essay online today at FindLaw.
Posted at 06:44 AM by Howard Bashman

"Alito May Tilt Vote in Reargued Cases": You can access today's installment of Charles Lane's "Full Court Press" column, as published in The Washington Post, at this link.
Posted at 06:40 AM by Howard Bashman

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