How Appealing



Monday, June 7, 2010

U.S. District Judge’s law review article provides no grounds for recusal on mandamus review, Seventh Circuit rules: According to an opinion issued today, the paint manufacturer “Sherwin-Williams argues that a law review article co-written by Judge Adelman creates an appearance that the judge will decide the case other than on the merits.”

Today’s ruling, by a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, disagrees and finds that recusal of the trial judge is not merited for having written a law review article about a state court ruling that may control the outcome of issues in a case now pending before that judge.

Posted at 1:58 PM by Howard Bashman



“Supreme Court Declines to Hear NEA’s Challenge to NCLB”: Mark Walsh has this post at the “School Law” blog of Education Week.

Posted at 1:44 PM by Howard Bashman



Access online today’s opinions in argued cases and Order List of the U.S. Supreme Court: The Court today issued three decisions in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Krupski v. Costa Crociere S.p.A., No. 09-337. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Hamilton v. Lanning, No. 08-998. You can access the ruling at this link and the oral argument transcript at this link.

3. And Justice Stephen G. Breyer delivered the opinion of the Court in Barber v. Thomas, No. 09-5201. You can access the ruling at this link and the oral argument transcript at this link.

The Court today also issued a brief, unanimous per curiam opinion in United States v. Juvenile Male, No. 09-940, certifying a question to the Supreme Court of Montana. And Justice Sotomayor issued a statement respecting the denial of certiorari in Wrotten v. New York, No. 09-9634.

You can access today’s Order List at this link. The Court did not grant review in any cases, nor did the Court request the views of the Solicitor General in any cases.

In early news coverage, The Associated Press reports that “High court turns down No Child Left Behind case” and “Court won’t hear Clinton pay lawsuit.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Sex offender issue on hold.”

Posted at 10:07 AM by Howard Bashman



“Calif. text case may affect Kilpatrick suit; High court to weigh privacy rights after firm turns over cop’s messages to officials”: This article appears today in The Detroit News.

Posted at 9:48 AM by Howard Bashman



“‘Boring’ nominee stays under radar”: Politico.com has a report that begins, “Elena Kagan’s Supreme Court confirmation process has been so overshadowed by other events and issues, her name barely came up during President Barack Obama’s contentious lunch with Senate Republicans late last month.”

Online at The New Yorker, Hendrik Hertzberg has a blog post titled “Elena Kagan’s Not-So-Final Conflict.”

And in today’s issue of National Review magazine, Edward Whelan has an essay entitled “The Blankest Slate.”

Posted at 9:40 AM by Howard Bashman