How Appealing



Monday, June 6, 2005

“Judges fume over remedial program; Call lawyer evaluations, mentor plan humiliating”: This article appears today in The Boston Globe.

Posted at 5:00 PM by Howard Bashman



“SCOTUSblog” launches “The Supreme Court Nomination Blog”: You can access the new blog here. Now someone must leave the Court posthaste!

Posted at 3:50 PM by Howard Bashman



Live blogging of today’s Washington State governor’s race election challenge ruling: David Postman, Seattle Times chief political reporter, is blogging the ruling here.

And Law Professor Rick Hasen is blogging the ruling here.

Posted at 12:44 PM by Howard Bashman



“Owen Takes Oath for Seat on Appeals Court”: The Associated Press reports here that “Texas judge Priscilla Owen, the subject of a long and heated confirmation battle in the U.S. Senate, took the oath of office Monday for her new seat on the 5th U.S. Circuit Court of Appeals.”

Posted at 12:40 PM by Howard Bashman



“Judge to Issue Decision in Wenatchee Election Contest”: TVW, Washington State’s Public Affairs Network, will broadcast live online today’s ruling in the lawsuit to overturn the results of that State’s gubernatorial election. You can access the live coverage at this link. The trial court is expected to begin delivering its ruling in approximately ten minutes from now, at noon eastern time.

Posted at 11:50 AM by Howard Bashman



Today’s rulings of note from the U.S. Court of Appeals for the Eighth Circuit: By a vote of 8-4, the en banc Eighth Circuit has overturned a $2 million judgment entered in a federal civil rights action brought by an individual who was shot and severely injured when police conducted a nighttime no-knock forced entry on a search warrant for drugs. You can access the decision at this link.

And in a separate decision, a three-judge panel holds that the Sarbanes-Oxley Act of 2002 does not retroactively revive time-barred claims brought under the Securities Exchange Act of 1934.

Posted at 11:33 AM by Howard Bashman



“Lea Fastow leaves prison”: Mary Flood of The Houston Chronicle provides a news update that begins, “Moments before 4 a.m., just as sprinklers started outside the downtown Federal Detention Center, Lea Fastow emerged from prison today flanked by her husband, sister and lawyers after serving nearly 11 months for lying about income from an Enron deal on her tax return.”

Posted at 10:10 AM by Howard Bashman



Today’s U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court of the United States announced rulings in three argued cases today.

1. Justice John Paul Stevens delivered the opinion of the Court in Gonzales v. Raich, No. 03-1454. You can access the syllabus here; Justice Stevens’ opinion here; Justice Antonin Scalia’s opinion concurring in the judgment here; Justice Sandra Day O’Connor’s dissent here; Justice Clarence Thomas’s dissent here; and the oral argument transcript here.

2. Justice Anthony M. Kennedy announced the judgment of the Court in Spector v. Norwegian Cruise Line Ltd., No. 03-1388. You can access the syllabus here; Justice Kennedy’s opinion here; Justice Ruth Bader Ginsburg’s opinion concurring in part and concurring in the judgment here; Justice Thomas’s opinion concurring in part, dissenting in part, and concurring in the judgment in part here; Justice Antonin Scalia’s dissenting opinion here; and the oral argument transcript here.

3. Justice Kennedy delivered the opinion of the Court in Alaska v. United States, No. 128 Orig. You can access the syllabus here; Justice Kennedy’s opinion here; Justice Scalia’s opinion concurring in part and dissenting in part here; and the oral argument transcript here.

Today’s Order List can be accessed here. The Court granted review in one case and requested the views of the Solicitor General in another.

At “SCOTUSblog,” Lyle Denniston provides this early report.

In other early press coverage, Gina Holland of The Associated Press reports that “Feds May Go After Sick People Who Use Pot” and “Supreme Court Rejects Women’s Sports Case.” The AP’s Hope Yen reports that “Court Expands Scope of Disabilities Law.” The AP also reports that “High Court Declines to Review Libel Suit.” And James Vicini of Reuters provides reports headlined “Court: Government can bar medical marijuana use” and “U.S. disability law covers foreign cruise ships.”

The Court will next issue orders and opinions on Monday, June 13, 2005.

Posted at 10:00 AM by Howard Bashman



“The Supreme Court Dismisses the Controversial Consular Rights Case: A Blessing in Disguise for International Law Advocates?” Louis Klarevas and Howard Schiffman have this essay online today at FindLaw.

Posted at 8:38 AM by Howard Bashman



On the agenda: The Supreme Court of the United States, at 10 a.m. today, is scheduled to issue an Order List and opinions in argued cases.

At noon eastern time today, a Washington State trial court judge is scheduled to announce his ruling in a challenge to the results of that State’s election for Governor.

And at 2 p.m. today, the U.S. Senate is scheduled to begin what should be its final debates on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit. My preview can be accessed here.

Posted at 7:30 AM by Howard Bashman



“Senators Rolling Up Sleeves — With an Uncertain Agenda; Members of both parties want to get work done, but tempers are raw after the battle over Bush’s selection for U.N. ambassador”: This article today in The Los Angeles Times reports that “California Supreme Court Justice Janice Rogers Brown, is expected to be confirmed Wednesday” to a seat on the U.S. Court of Appeals for the D.C. Circuit and notes that a vote on Eleventh Circuit Judge William H. Pryor, Jr. could occur as early as this Thursday.

Posted at 7:22 AM by Howard Bashman



“It’s crunch time for some of high court’s biggest decisions; Chief justice may make major one: Will he stay or go?” Joan Biskupic has this article today in USA Today.

Today in The Washington Post, Charles Lane has an article headlined “A Look at a Rehnquist Legacy.”

And in somewhat related news, The Salt Lake Tribune today contains an article headlined “Senate quarrels spark idea: Let people pick Supreme Court judges; BYU professor: He pitches a constitutional amendment.”

Posted at 7:15 AM by Howard Bashman