How Appealing

Thursday, May 4, 2006

"Moussaoui Verdict Highlights Where Juries Fear to Tread": Adam Liptak will have this news analysis Friday in The New York Times.
Posted at 11:02 PM by Howard Bashman

Access online the judgment in a criminal case entered today in United States v. Zacarias Moussaoui: The judgment can be viewed by clicking here.
Posted at 10:58 PM by Howard Bashman

"Moussaoui trial: more heat than light in the end; Judge tells Al Qaeda terrorist he won't go out in a 'bang of glory' as she sentences him to life in prison": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 10:54 PM by Howard Bashman

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Defiant Moussaoui Sent to 'Super-Max' Prison" and "America's Super-Max Prison to Host Moussaoui."

Today's broadcast of "Day to Day" contained segments entitled "Moussaoui Formally Sentenced to Life Imprisonment"; "Was Justice Done in the Moussaoui Sentence?" (featuring Law Professor Douglas W. Kmiec); "Moussaoui's New Home: A Cell in Super-Max Prison"; and "Enron Update: Final Defense Witnesses Testify" (featuring Mary Flood of The Houston Chronicle).

And today's broadcast of "Morning Edition" contained segments entitled "Jury Rejects Execution for Moussaoui"; "The Meaning of the Moussaoui Sentencing Verdict"; "Sept. 11 Families React to Moussaoui Sentence"; "Legal Analysis of the Moussaoui Sentencing Verdict"; and "Judge Sends Moussaoui to Prison for Life."

RealPlayer is required to launch these audio segments.
Posted at 10:38 PM by Howard Bashman

Available online from In news from the Second Circuit, "Lawyer-Dad's Request for Fees Is Rejected in Daughter's Case." My earlier coverage is here.

In other news, "Expert Witness Requirements at Issue in Illinois Case."

And an article reports that "N.Y. High Court Considers Removing Judge for Helping Robbery Suspect Evade Police; Lawyer argues that the justice apologized and didn't profit from her mistake."
Posted at 10:25 PM by Howard Bashman

The White House nominates Jerome A. Holmes of Oklahoma to serve on the U.S. Court of Appeals for the Tenth Circuit: And, simultaneously, the White House has withdrawn this same individual's nomination to serve on the U.S. District Court for the Northern District of Oklahoma. The nomination and withdrawal can be accessed here. You can access the nominee's law firm bio at this link, and a press release issued to announce his arrival at his current law firm is here.

As noted in this post at "Red State," the nominee's ABA rating for the district court judgeship was Q(sm)/NQ(min).
Posted at 10:09 PM by Howard Bashman

"Scalia: Constitution means what it says." This article appears today in The Southeast Missourian.

And you can also access online the transcript of "Rush's Dinner with Scalia" from today's broadcast of The Rush Limbaugh Show.
Posted at 09:14 PM by Howard Bashman

The May 2006 issue of The Yale Law Journal features three separate reviews of Justice Stephen G. Breyer's book, "Active Liberty: Interpreting Our Democratic Constitution." The review by Law Professor Paul Gewirtz is titled "The Pragmatic Passion of Stephen Breyer."

The must-read review by Seventh Circuit Judge Richard A. Posner is titled "Justice Breyer Throws Down the Gauntlet."

And the review by Law Professor Cass R. Sunstein is titled "Justice Breyer's Democratic Pragmatism."

Thanks to for the pointer.
Posted at 09:00 PM by Howard Bashman

"This case represents the next chapter in an ongoing saga regarding the labeling of catfish." So begins an opinion that the U.S. Court of Appeals for the Fifth Circuit issued today. Today's decision affirms a federal district court's ruling that enjoined the Commissioner of the Louisiana Department of Agriculture from enforcing against the plaintiff Louisiana laws regulating the labeling of catfish and regulating the use of the word "Cajun" on food products.
Posted at 08:40 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Moussaoui Sentenced to Life at Supermax"; "Mass. Court Weighs Gay-Marriage Vote"; and "Md. Murder Trial Opens for Convicted Sniper."
Posted at 08:35 PM by Howard Bashman

"Flag Desecration Ban Advances in Senate": The Associated Press provides this report.
Posted at 04:58 PM by Howard Bashman

The U.S. Court of Appeals for the Federal Circuit has announced that former Chief Judge Howard T. Markey died May 3, 2006: The court has posted online this obituary.
Posted at 04:55 PM by Howard Bashman

"Court Rejects Medical Marijuana Defense": The Associated Press provides this report on a ruling that the Supreme Court of Oregon issued today.
Posted at 03:15 PM by Howard Bashman

"This case arises from the claim of an American Indian nation to a portion of its aboriginal land. For the reasons that follow, we find that any aboriginal rights held by the Delaware Nation to the land known as 'Tatamy's Place' were extinguished by Thomas Penn via the Walking Purchase of 1737." So begins an opinion that the U.S. Court of Appeals for the Third Circuit issued today. At issue in the case are "315 acres of land located in Northampton County, Pennsylvania."
Posted at 02:50 PM by Howard Bashman

On Saturday, "How Appealing" turns four years old: This blog's first day of existence was May 6, 2002.
Posted at 02:25 PM by Howard Bashman

The Harvard Crimson is reporting: Today's newspaper contains articles headlined "Breyer Banters With Law Students" and "Blog Server Launched by HLS and Berkman Center Upgraded."
Posted at 02:24 PM by Howard Bashman

"Ryan juror has had enough: Motion filed to block interviews." This article appears today in The Chicago Sun-Times.

And The Associated Press provides an updated report headlined "Ryan judge may OK juror interview."
Posted at 02:20 PM by Howard Bashman

"Mom: Moussaoui Sentence Worse Than Death." The Associated Press provides a report that begins, "Zacarias Moussaoui's mother said Thursday a life sentence for her son was more cruel than putting him to death because now he will 'live like a rat in a hole.'"
Posted at 02:14 PM by Howard Bashman

C-SPAN has posted online archived video of this morning's executive business meeting of the Senate Judiciary Committee: You can access the video by clicking here (RealPlayer required). I earlier chronicled in this post the actions taken at the meeting on the three federal appellate court nominees.
Posted at 01:05 PM by Howard Bashman

"Anonymous Blogging: David Lat and Jonathan Adler." Daniel J. Solove has this post today at "Concurring Opinions."

Update: And at "The Volokh Conspiracy," Jonathan Adler has a post titled "Live Blogging the CFP Panel."
Posted at 12:55 PM by Howard Bashman

Seventh Circuit holds that defendant has standing to appeal from mortgage foreclosure judgment in favor of plaintiff even though judgment awarded plaintiff no tangible relief: You can access today's ruling at this link. The three-judge panel consists of three of the Seventh Circuit's best writers, and Circuit Judge Richard A. Posner is identified as the author of the opinion. Sadly, the case was not orally argued on appeal, so I cannot link to the oral argument audio.
Posted at 12:40 PM by Howard Bashman

En banc U.S. Court of Appeals for the Second Circuit holds that the federal Voting Rights Act does not apply to New York's prisoner disenfranchisement law: Thirteen judges participated in today's ruling, which consists of ten separate opinions.

The majority opinion explains, "Our holding is based on our conclusion that Congress did not intend or understand the Voting Rights Act to encompass such felon disenfranchisement statutes, that application of the Voting Rights Act to felon disenfranchisement statutes such as these would alter the constitutional balance between the States and the Federal Government, and that Congress at the very least did not clearly indicate that it intended the Voting Rights Act to alter the federal balance in this way."

In a second, related case, the en banc Second Circuit today unanimously dismissed the case because the plaintiff lacked standing.

Update: At his "Election Law" blog, Law Professor Rick Hasen offers some initial thoughts on the ruling here.
Posted at 12:14 PM by Howard Bashman

"Which Idahoan Has Better Shot At 9th Circuit? Feinstein May Make Do With Smith to End Myers' Chance." Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:00 PM by Howard Bashman

"Anti-Abortion Counseling Law Constitutional, ACLU Says": Today in The New York Sun, Josh Gerstein has an article (pass-through link) that begins, "The American Civil Liberties Union has concluded after a legal review that a New York congresswoman's proposal to regulate advertising by anti-abortion counseling centers is likely constitutional, officials with the civil liberties organization said yesterday."
Posted at 11:35 AM by Howard Bashman

"Specter Gives Judicial Nominee New Hearing": The Associated Press provides a report that begins, "Judiciary Committee Chairman Arlen Specter on Thursday granted Democrats a hearing to question White House aide and judicial nominee Brett Kavanaugh on his role in the administration's secret wiretapping program, its torture policy and any relationship with convicted lobbyist Jack Abramoff."
Posted at 11:32 AM by Howard Bashman

The Senate Judiciary Committee will hold another confirmation hearing for D.C. Circuit nominee Brett M. Kavanaugh: The hearing will occur next Tuesday, with a possible committee vote next Thursday.

In other news from today's business meeting, Ninth Circuit nominee Milan D. Smith, Jr. was favorably reported to the full U.S. Senate by consent.

Up next for discussion, the more controversial (because he's based in Idaho) Ninth Circuit nominee, N. Randy Smith.

Update: For what it's worth, Ninth Circuit Judge M. Margaret McKeown, when she was nominated by President Clinton, was a resident of Washington State. Since then, Judge McKeown has moved her chambers to San Diego, California. So, sometimes California loses a Ninth Circuit judge, while other times it gains one.

Second update: The vote on Ninth Circuit nominee N. Randy Smith appears to have been 10-8, along party lines, so that nomination is being favorably reported to the full Senate.
Posted at 10:45 AM by Howard Bashman

"Moussaoui: U.S. Will Never Catch Bin Laden." The Associated Press provides a report that begins, "U.S. District Judge Leonie Brinkema told Zacarias Moussaoui 'you will die with a whimper,' never allowed to speak publicly again, as she sentenced him to life in prison."
Posted at 10:40 AM by Howard Bashman

"Ruling against ban on laborers' soliciting; Ordinance violates freedom of speech, federal judge says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A Southern California city's ban on day laborers' soliciting work from passing drivers violates freedom of speech, a federal judge has ruled in a case that could affect similar ordinances in Bay Area cities."

In earlier coverage, The Los Angeles Times reported yesterday that "Judge Blocks Arrests of Day Laborers; The ruling states that a Redondo Beach law that bars people from gathering on sidewalks while seeking work is unconstitutional."

And The Daily Breeze of Torrance, California reported yesterday that "Federal judge rejects RB law barring day laborers; Ordinance is ruled in violation of the First Amendment; The city attorney calls the decision 'frustrating' but not a surprise."

I have posted online a copy of last week's ruling of the U.S. District Court for the Central District of California at this link.
Posted at 10:14 AM by Howard Bashman

"Scalia warns of judicial aristocracy": The St. Louis Post-Dispatch today contains an article that begins, "U.S. Supreme Court Justice Antonin Scalia complained to a St. Louis audience Wednesday that judges are deciding moral issues that ought to be left up to the public through the political process."
Posted at 09:24 AM by Howard Bashman

Access online the agenda for this morning's executive business meeting of the Senate Judiciary Committee: The agenda, which indicates that three nominees to the U.S. Courts of Appeals could receive votes in committee today, can be accessed here.

C-SPAN3 (available in both RealPlayer and Windows Media formats) plans to broadcast the meeting live, starting at 9:30 a.m.
Posted at 08:55 AM by Howard Bashman

"Salazar critical of Bush nominee": This article appears today in The Rocky Mountain News, along with an editorial entitled "Salazar and the filibuster temptation."
Posted at 08:50 AM by Howard Bashman

"Jury spares 9/11 plotter Moussaoui; Life in a tiny prison cell awaits conspirator": provides this report.
Posted at 08:45 AM by Howard Bashman

"Moussaoui Given Life Term by Jury Over Link to 9/11": Neil A. Lewis has this article today in The New York Times. The newspaper also contains an article headlined "Some 9/11 Families Side With Jury on Moussaoui, but Most Express Regrets" and an editorial entitled "Due Process."

The Washington Post today contains articles headlined "Jurors Reject Death Penalty For Moussaoui" and "For Victims' Families, Verdict Elicits Mix of Shock, Relief." The newspaper also contains an editorial entitled "The Right Punishment: A terrorist will spend life behind bars."

The Los Angeles Times reports that "Jurors Give Moussaoui Life Term; They spare the 9/11 conspirator execution, apparently finding him not directly to blame; Afterward, he exults, 'America, you lost!'" David G. Savage has a news analysis headlined "No Trials for Key Players; Government prefers to interrogate bigger fish in terrorism cases rather than charge them." And an editorial is entitled "America's day in court."

The Richmond Times-Dispatch contains articles headlined "Moussaoui gets life in prison; 3 jurors did not think he played a major role in the Sept. 11 attacks" and "Families doubt Moussaoui; Victims' relatives differed on desired sentence, but say he exaggerated role."

The Sacramento Bee reports that "Jurors decide to spare Moussaoui's life."

Newsday contains articles headlined "No death penalty for Moussaoui in 9/11 role; Jury sentences Al-Qaida conspirator Zacarias Moussaoui to life in prison for WTC attacks"; "Moussaoui verdict reactions mixed"; and "Serving time the worst way."

In The Boston Globe, Charlie Savage reports that "Jury decides against execution for Moussaoui; Al Qaeda terrorist charged in 9/11 attacks receives life sentence."

The Washington Times reports that "9/11 terrorist spared death."

And USA Today reports that "Terrorist Moussaoui gloats, 'I won'; Jurors decide he was marginal to Sept. 11 attacks" and "Government falls just short in its gamble on link to 9/11." In addition, the newspaper contains an editorial entitled "Jurors' verdict a triumph of reason over emotion; Decision shows America can fight terror without losing its ideals," while Viet Dinh has an op-ed entitled "Justice not served; Life sentence for Moussaoui fails memory of 3,000 fallen Americans."
Posted at 07:20 AM by Howard Bashman

"Visto Readies for Fight With RIM, Says That Isn't Its Main Business": This article (free access) appears today in The Wall Street Journal.
Posted at 07:18 AM by Howard Bashman

"Company officials acted in good faith, not greed, accounting expert testifies; 'You're not going to get everything right,' consultant who was hired by Skilling says": The Houston Chronicle contains this article today.

And The Wall Street Journal reports today that "Defense Consultants Testify Enron Books Were Sound" (free access).
Posted at 07:15 AM by Howard Bashman

"Under U.S. Pressure, Mexico President Seeks Review of Drug Law": This article appears today in The New York Times.

And The Chicago Tribune reports today that "Mexico's Fox retreats on measure to ease drug penalties."
Posted at 07:14 AM by Howard Bashman

"City has 90 days to remove Mt. Soledad cross; Judge threatens fine to enforce '91 ruling": The San Diego Union-Tribune contains this article today.
Posted at 07:10 AM by Howard Bashman

"Publicity plays role on Muhammad jury; Most in pool know of sniper shootings": This article appears today in The Baltimore Sun.

And The Washington Post today contains an article headlined "Hedging Bets With a Montgomery Jury."
Posted at 07:04 AM by Howard Bashman

"Court Upholds Village's Ban on the Cows Down the Street": The New York Times contains this article today.
Posted at 06:55 AM by Howard Bashman

"The Next Filibuster? Republicans should welcome a judicial brawl." This editorial (free access) appears today in The Wall Street Journal.
Posted at 06:45 AM by Howard Bashman

"Support for Roe v. Wade Hits New Low, Poll Shows": The Wall Street Journal Online provides this report (free access) today.
Posted at 06:40 AM by Howard Bashman

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