How Appealing



Monday, June 8, 2009

“Appeals court rules Ten Commandments monument violates Constitution”: The Tulsa World has a news update that begins, “An appeals court ruled Monday that a Ten Commandments monument at the county courthouse in Stigler violates the Constitution because its primary effect is to endorse a religion.”

You can access at this link today’s unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

Posted at 11:02 PM by Howard Bashman



“New sentencing ordered for ex-officer in Jude beating case”: The Milwaukee Journal Sentinel has a news update that begins, “Jon Bartlett, a former Milwaukee police officer who led the beating and torture of Frank Jude Jr., must be re-sentenced, a federal appeals court ruled Monday.”

Chief Judge Frank H. Easterbrook‘s opinion, issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, begins; “The distance between civilization and barbarity, and the time needed to pass from one state to the other, is depressingly short.”

Posted at 9:02 PM by Howard Bashman



“Supreme Court rules that campaign contributions can create perception of judicial bias; The justices, in a 5-4 ruling, say a West Virginia Supreme Court judge who received $3 million in campaign contributions should have recused himself from a case in which the donor was the defendant”: David G. Savage of The Los Angeles Times has this news update.

Adam Liptak of The New York Times has a news update headlined “Justices Tell Judges Not to Rule on Major Backers.”

Robert Barnes of The Washington Post has a news update headlined “Supreme Court Says Judges Must Avoid Appearance of Bias.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court makes it easier to force elected judges off cases.”

Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court: Judges must step aside when there’s perception of bias; The 5-to-4 decision, involving a justice on the West Virginia Supreme Court, establishes a broad, new constitutional standard.”

Paul J. Nyden of The Charleston (W. Va.) Gazette has news updates headlined “Supreme Court says Benjamin should have recused himself” and “Benjamin’s replacement in Massey case not known.”

Mark Sherman of The Associated Press reports that “Court says judges must avoid appearance of bias.”

James Vicini of Reuters reports that “Recusal required in Massey Energy case.”

Greg Stohr of Bloomberg News reports that “Campaign Money Can Disqualify Judges, Top Court Says.”

law.com’s Tony Mauro reports that “Supreme Court Issues Landmark Ruling on Judicial Recusal.”

And this evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Court: Judges Must Avoid Appearance Of Bias” (RealPlayer required) featuring Nina Totenberg.

You can access today’s 5-4 ruling in Caperton v. A.T. Massey Coal Co., No. 08-22, by clicking here.

Posted at 8:25 PM by Howard Bashman



“Supreme Court choice could reignite culture wars; Judge Sotomayor’s confirmation hearings could provide the spark on hot-button issues such as gay marriage and abortion”: Linda Feldmann of The Christian Science Monitor has this report.

Posted at 8:12 PM by Howard Bashman



“High court blocks Chrysler sale to Fiat”: The Associated Press has this report.

James Vicini and Poornima Gupta of Reuters report that “U.S. top court judge delays Chrysler sale.”

Greg Stohr and Tiffany Kary of Bloomberg News report that “Chrysler Fiat Sale Delayed by U.S. Justice Ginsburg.”

CNNMoney.com reports that “Supreme Court puts Chrysler sale on hold; High court issues a stay of the sale of Chrysler to the Italian automaker, delaying Chrysler’s exit from bankruptcy.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Ginsburg temporarily blocks Chrysler deal.” You can access the stay order at this link.

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Justice Ginsburg Stays Chrysler Sale — For Now.”

Posted at 4:40 PM by Howard Bashman



“Sotomayor Is Recalled as a Driven Rookie Prosecutor”: The New York Times contains this article today.

And Bloomberg News columnist Albert R. Hunt has an essay headlined “How Specter Sold Obama, Democrats on Big Switch” that begins, “Democrats are rejoicing that Senator Arlen Specter is praising U.S. Supreme Court nominee Sonia Sotomayor as proof of their wisdom in persuading him to defect from the Republican Party.”

Posted at 8:00 AM by Howard Bashman