How Appealing

Tuesday, June 6, 2006

"Of Clerks and Perks: Why Supreme Court justices have more free time than ever--and why it should be taken away." Stuart Taylor Jr. and Benjamin Wittes have this essay in the July/August 2006 issue of The Atlantic Monthly. Thanks to "Althouse" for the pass-through link.
Posted at 11:54 PM by Howard Bashman

"High Court Finds School Desegregation Plans Ripe for Review": Brent Kendall has this article today in The Daily Journal of California. Earlier today, I collected additional, related press coverage at this link.
Posted at 10:54 PM by Howard Bashman

"White House renews push for nominees": The Hill on Wednesday will contain an article that begins, "White House officials are making a concerted effort to cooperate with outside conservative groups to support and defend President Bush’s nominees to the federal bench, and they are also planning to work more closely with the Senate on confirming the nominees."
Posted at 09:25 PM by Howard Bashman

"Tomorrow, June 7th, at 11:00 a.m., 'Judge Edward R. Becker Way,' also known as the 500 block of Chestnut Street, will be officially dedicated by Governor Rendell and Mayor Street": The event is open to the public. Those who cannot attend in person can at least enjoy a photograph of the street sign.
Posted at 08:15 PM by Howard Bashman

"Bush gives blessing to gay marriage ban; Fears of election defeat have prompted the President to try to appease his disaffected supporters": This article appears today in The Times of London.

The Denver Post reports today that "GOP on wedding march; Bush backs effort to ban gay marriage; Critics say the push, led by Colorado Sen. Allard, is an election-year ploy; Backers cite children's well-being."

And The Rocky Mountain News contains articles headlined "New push for marriage; Allard again seeking amendment banning same-sex unions" and "Here comes the money; Ballot measures on gay relationships bring out donations," along with an op-ed by columnist Mike Littwin entitled "What a perfect time for a distraction."

Earlier today, I collected additional, related news coverage at this link.
Posted at 05:58 PM by Howard Bashman

The Third Circuit's library wants you to behave yourself: The en banc U.S. Court of Appeals for the Third Circuit yesterday issued this order adopting a library "Policy on Access, Services and Conduct." Now we can reminisce about a time when people knew how to behave in a federal appellate court's library without the need for an official, court-adopted policy.

Fans of this blog's intermittent library-related appellate coverage may enjoy these posts (here and here) from October 2003.
Posted at 05:20 PM by Howard Bashman

Newdow round two on appeal to the Ninth Circuit: As I noted the other day in this post, round two of attorney Michael A. Newdow's challenge to the Pledge of Allegiance is now pending on appeal before the U.S. Court of Appeals for the Ninth Circuit after Newdow's clients won in the district court.

I have now obtained the federal government's opening brief on appeal, and I have posted it online here. My earlier post linked to another party's opening Ninth Circuit brief.

My initial analysis of the district court ruling now on appeal can be found in a post titled "In holding that the Ninth Circuit's Pledge of Allegiance ruling, even after being reversed by the U.S. Supreme Court, requires the U.S. District Court for the Eastern District of California to hold that recitation of the Pledge in public schools is unconstitutional, today's ruling is really, really wrong."
Posted at 04:05 PM by Howard Bashman

"Storm Warning: An EPA decision to ignore global warming calls for Supreme Court attention." Jennifer Bradley and Timothy J. Dowling of Community Rights Counsel have this op-ed (free access) in this week's issue of Legal Times.
Posted at 03:25 PM by Howard Bashman

"In this case, a California state prisoner sent a complaint to the district court before he had exhausted his administrative remedies within the state prison system. He did, however, exhaust those remedies by the time the district court granted him permission to file his complaint in forma pauperis under 28 U.S.C. § 1915." In a state prisoner's federal lawsuit challenging prison conditions, today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the Prison Litigation Reform Act of 1995 "requires that a prisoner exhaust administrative remedies before submitting any papers to the federal courts," and therefore the prisoner's lawsuit must be dismissed because it was presented to the court before the prisoner had exhausted his administrative remedies. You can access today's decision at this link.
Posted at 03:20 PM by Howard Bashman

"Major Third Circuit ruling on post-Booker burden of proof": At the "Sentencing Law and Policy" blog, Doug Berman has this post about a 2-1 ruling that the U.S. Court of Appeals for the Third Circuit issued today.

A footnote on the front page of the opinion states that "This appeal was argued before the panel of Judges Sloviter, Fisher and Rosenn. The quorum was reconstituted to include Chief Judge Scirica after the death of Judge Rosenn." Circuit Judge D. Michael Fisher wrote today's majority opinion, in which Chief Judge Anthony J. Scirica joined. Circuit Judge Dolores K. Sloviter wrote a dissenting opinion.

Those familiar with the jurisprudence of Senior Circuit Judge Max Rosenn may speculate that his replacement on the panel by Chief Judge Scirica may have changed the outcome of this appeal. I do not know whether the Third Circuit uses random assignment to reconstitute panels, or whether (as was once all the rage in the Sixth Circuit) the Chief Judge can just select himself or whomever else he wants.

Update: Additional coverage of the ruling appears here at the blog "Decision of the Day."
Posted at 03:08 PM by Howard Bashman

"State high court to consider parolees' right to vote": The Denver Post provides this news update.
Posted at 03:00 PM by Howard Bashman

"Island leaders lobby for Akaka bill": The Honolulu Advertiser today contains an article that begins, "Backers of the Native Hawaiian recognition bill kicked off a lobbying blitz yesterday in advance of an expected procedural vote Thursday in the Senate, where the bill has been stalled since July."
Posted at 11:28 AM by Howard Bashman

"A Pandora's Box of Ethnic Sovereignty: Race-based Hawaii, an island we don't want to travel to." Peter Kirsanow has this essay today at National Review Online.

And online at The Weekly Standard, Duncan Currie has an essay entitled "Aloha Means Goodbye: Will the Senate vote for Hawaiian separatism?"
Posted at 11:15 AM by Howard Bashman

"The Return of Equality? The Supreme Court will consider affirmative action again." Roger Clegg has this essay today at National Review Online.
Posted at 11:14 AM by Howard Bashman

Seventh Circuit Judge Richard A. Posner talks about the law and intelligence gathering: This past Saturday's broadcast of C-SPAN's "America & the Courts" program is available online and can be accessed by clicking here (RealPlayer required).
Posted at 11:04 AM by Howard Bashman

"Panel Shopping and Voluntary Mooting: A Problem Worth a Solution?" Steve Vladeck has this post today at "PrawfsBlawg." The post mentions my recent column titled "Who's on the Argument Panel: Why Ignorance Isn't Bliss."
Posted at 11:00 AM by Howard Bashman

"British Couple Wants Gay Marriage Ratified": The Associated Press provides a report that begins, "Two women asking Britain to recognize their Canadian same-sex marriage told a court Tuesday that calling their relationship a civil partnership violated their human rights."

The Times of London provides a news update headlined "Lesbians demand UK recognises foreign marriage."

And BBC News reports that "Lesbian couple fight legal status; A lesbian couple from North Yorkshire who were married in Canada have pleaded with a High Court judge to give their union full legal status in the UK."
Posted at 10:28 AM by Howard Bashman

"Ruling lets city regulate guns; State high court in rare deadlock; Denver's suit claimed that a 2003 state law wrongly pre-empted many of the city's firearm ordinances": This article appears today in The Denver Post.

And The Rocky Mountain News reports today that "Denver gun laws stand, but issue left unresolved."

My earlier coverage appears at this link.
Posted at 10:20 AM by Howard Bashman

"Abortion ban clears Legislature; Blanco is expected to sign bill into law": The Times-Picayune of New Orleans today contains an article that begins, "The Senate sent to Gov. Kathleen Blanco on Monday a bill that would ban most abortions in the state but only if the U.S. Supreme Court overturns the landmark 1973 Roe v. Wade decision legalizing the procedure."
Posted at 10:02 AM by Howard Bashman

Raich plus one: One year ago today, the Supreme Court of the United States issued its decision in Gonzales v. Raich. And one year ago tomorrow, I posted this extensive collection of news reports about the ruling.
Posted at 09:35 AM by Howard Bashman

"Connecticut City Takes First Step to Evict in Eminent Domain Case": The New York Times contains this article today.

And The Day of New London, Connecticut reports today that "City Votes To Proceed With Property Seizures; Another Resident of Fort Trumbull settles; Two Remain."
Posted at 09:32 AM by Howard Bashman

"'Choose Life' Plates Problematic": This editorial appears today in The Hartford Courant.
Posted at 09:28 AM by Howard Bashman

"Junk Bonds: What baseball can teach us about anti-discrimination law." Law Professor Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 09:22 AM by Howard Bashman

"Maybe Not Scalito: An early encouraging sign from Justice Alito." This editorial appears today in The Washington Post.

And yesterday, that newspaper published an editorial entitled "A Free-Speech Puzzle: The Supreme Court limits the reach of the First Amendment."
Posted at 09:18 AM by Howard Bashman

"Analysis: an unanswered, delicate race question." Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:15 AM by Howard Bashman

"Court to Revisit Race in Schools; Integration plans across the nation could be in the balance as the Supreme Court agrees to hear constitutional challenges in two cities": David G. Savage has this article today in The Los Angeles Times. The newspaper also reports that "Ruling Against Integration Plans Could Add to L.A. Schools' Burden."

In USA Today, Joan Biskupic reports today that "Justices to look at race-based school policy; Cases focus on public education."

The Baltimore Sun reports that "Race-school cases get hearing; Supreme Court to consider affirmative action in public education."

Bob Egelko of The San Francisco Chronicle reports that "Justices take cases on race-based enrollment; But Prop. 209 means California schools likely to be unaffected."

The Washington Times reports that "Court takes 2 race-based school-assignment cases."

The Hartford Courant reports that "Court Takes On Race Case; School Desegregation Could Be Affected."

The Louisville Courier-Journal reports that "Supreme Court to hear Jefferson's school suit; Parent is fighting the use of race for enrollment."

The Seattle Post-Intelligencer reports that "Supreme Court to hear Seattle schools race case."

The Seattle Times reports that "Whatever the ruling, tiebreaker may be moot."

And The New York Sun contains an editorial entitled "Roberts's Rules."
Posted at 07:20 AM by Howard Bashman

"Supreme Court to hear Washington case": The Seattle Times today contains an article that begins, "The U.S. Supreme Court said Monday it will consider whether inmates can reopen challenges to prison sentences based on a court ruling two years ago that limited judges' discretion in sentencing criminal defendants."
Posted at 07:10 AM by Howard Bashman

"Conservatives Watching Senate Debate on Gay Marriage": The New York Times contains this article today.

The Washington Post today contains articles headlined "Debate Begins On Gay Marriage; President Backs Proposal Affirming Traditional Union" and "Now Playing in Senate: A GOP Double Bill." In addition, columnist E.J. Dionne Jr. has an op-ed entitled "Base Assumptions: Why Should the Faithful Believe Bush Now?"

The Los Angeles Times reports that "Senate Debates Measure to Ban Gay Marriage; The constitutional amendment is seen as a GOP effort to appeal to conservative voters."

The Boston Globe reports that "President rips SJC on gay marriage; Pushes for ban in nod to social conservatives."

The Chicago Tribune reports that "Bush backs amendment on marriage; Senate to begin debate on bid to ban same-sex nuptials."

USA Today reports that "Debate on gay-marriage ban splits Senate, public; Amendment is unlikely to pass, both sides say."

Knight Ridder Newspapers report that "Bush reiterates support for amendment banning gay marriage."

The Wall Street Journal reports that "Republicans Reignite Hot-Button Issues; Senate Votes on Gay Marriage, Estate Tax Are Aimed at Rallying Conservative Base" (free access).

The Houston Chronicle reports that "Bush turns up heat to prevent same-sex marriages; He again calls for amendment to ban such unions, but it's unlikely to pass."

The Washington Times reports that "Bush pushes Hill on marriage measure."

The Hill contains articles headlined "Right just doesn't get Sen. Frist" and "Reid straddles line on marriage amendment."

And in The Philadelphia Inquirer, political analyst Dick Polman has an article headlined "Gay issue is back, but too late for the right?"
Posted at 07:00 AM by Howard Bashman

"Mohawk wins RICO case ruling; Workers upset about illegals": This article appears today in The Atlanta Journal-Constitution.
Posted at 06:55 AM by Howard Bashman

"Ruling pulls Herrera from bribe suit": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage appears here.
Posted at 06:54 AM by Howard Bashman

"In for Life? Not Him; Prisons can't seem to keep Richard McNair confined; After his third escape, the convicted murderer is still at large, leaving tantalizing clues." This front page article appears today in The Los Angeles Times.
Posted at 06:40 AM by Howard Bashman

"In Wen Ho Lee Case, a Blow To Journalists After the Fact": Charles Lane has this article today in The Washington Post.
Posted at 06:33 AM by Howard Bashman

"For Law Firm, Serial Plaintiff Had Golden Touch": This article appears today in The New York Times.
Posted at 06:25 AM by Howard Bashman

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