How Appealing



Tuesday, June 12, 2007

“Chronicle files federal lawsuit against Supreme Court justice”: The Associated Press provides a report that begins, “A suburban Chicago newspaper filed a federal civil rights lawsuit Tuesday against the Illinois Supreme Court’s chief justice, claiming it can’t fairly appeal a multimillion defamation verdict awarded to the judge because he heads the court. Chief Justice Robert Thomas infected the state judiciary with a ‘constitutional cancer’ by pursuing a defamation claim ‘in the friendly confines of the state legal system he dominates,’ according to a lawsuit filed by the Kane County Chronicle’s parent company, Shaw Suburban Media Group, Inc., and former columnist Bill Page.”

And The Reporters Committee for Freedom of the Press provides a report headlined “Newspaper asks federal court to block libel award; Citing improper influence of the state’s chief justice, an Illinois newspaper says it cannot get a fair hearing in state appeals courts.”

Counsel for the federal plaintiffs issued this news release and this backgrounder. I have posted online a copy of the complaint initiating the federal lawsuit, and you can access it via this link.

Posted at 8:47 PM by Howard Bashman



“Judge Suing Dry Cleaner Cries Over Pants”: The Associated Press provides a report that begins, “A judge had to leave the courtroom with tears running down his face Tuesday after recalling the lost pair of trousers that led to his $54 million lawsuit against a dry cleaner.”

And Washington Post columnist Marc Fisher provides an update headlined “In Pearson v. Custom Cleaners, Dissatisfaction Guaranteed.”

Posted at 8:14 PM by Howard Bashman



“Supreme Leader: Justice Anthony Kennedy has strong opinions on everything from Dr. Seuss to the female psyche; And, as the Court’s swing vote, he can’t wait to impose them on America.” Law Professor Jeffrey Rosen has this cover story in the June 18, 2007 issue of The New Republic.

Posted at 7:58 PM by Howard Bashman



“Bush Gave Policy Views on Top Court Case”: The Associated Press provides a report that begins, “In a lawsuit that harks back to the Enron scandal, the Bush administration is at odds with the federal agency that oversees securities markets as well as with state attorneys general and consumer and investor advocates. President Bush personally weighed in with his views before the administration decided not to support investors whose securities fraud case is now before the Supreme Court.”

Posted at 6:09 PM by Howard Bashman



“Supreme Court Chief Justice John Roberts gives the commencement address at Holy Cross College in Worcester, MA”: If you missed this past Saturday’s broadcast of C-SPAN’s “America & the Courts” program, you can view it online by clicking here (RealPlayer required).

My earlier coverage of this commencement address appeared at this link.

Posted at 4:32 PM by Howard Bashman



“How Bush Became the Curser in Chief”: The current issue of Time magazine contains an article that begins, “President George W. Bush has not exactly been a hero to civil libertarians, what with the data mining, wiretapping and library snooping. But he may just have redeemed himself. Thanks in part to the efforts of Bush and Vice President Dick Cheney, it is now safe for Nicole Richie to drop the F bomb on broadcast TV. On June 4, the Second Circuit Court of Appeals ruled in favor of broadcasters in a challenge against Federal Communications Commission sanctions for indecent and profane language.”

And this past Saturday morning’s broadcast of C-SPAN’s “Washington Journal” featured Brooks Boliek, Washington correspondent for Hollywood Reporter, discussing the decision. During his appearance, Boliek claims to have once programmed his television’s V-Chip to only allow programming that contained sex and violence. You can view the segment by clicking here (RealPlayer required). His coverage of the ruling appeared in an article headlined “Appeals court throws out FCC indecency ruling.”

Posted at 3:55 PM by Howard Bashman



“Tobacco ruling could revive case in Madison County”: Today’s edition of The St. Louis Post-Dispatch contains an article that begins, “Lawyers and cigarette makers disagree on whether the U.S. Supreme Court’s ruling Monday in a tobacco class action case from Arkansas will revive a $10.1 billion class action verdict from Madison County that was tossed out by the Illinois Supreme Court.”

Posted at 3:22 PM by Howard Bashman



“Nifong’s misconduct trial starts today”: Today’s edition of The News & Observer of Raleigh, North Carolina contains an article that begins, “Durham District Attorney Mike Nifong, under fire for his handling of the Duke lacrosse case, begins his battle this morning against professional misconduct charges brought by the N.C. State Bar.” A related article is headlined “Lacrosse case panel needs 12th person; Durham Mayor Bill Bell has said he wants the committee to start its work next week.” And on Sunday, the newspaper published an article headlined “Nifong, bar will both be judged; Recent lapses put regulators on spot.”

The Washington Times reports today that “Duke prosecutor facing disbarment.”

And The Durham Herald-Sun reports today that “Police delayed talking to accuser in lacrosse case.”

WRAL.com plans to provide live streaming coverage of the hearing, which is scheduled to get underway at 10 a.m.

Posted at 9:37 AM by Howard Bashman



“As milestone nears, Bonds probe drags; Home run chase renews questions about perjury inquiry”: Mark Fainaru-Wada and Lance Williams have this article today in The San Francisco Chronicle.

And in baseball-related news that strikes a bit closer to home for me, The New York Times today contains an article headlined “Milestone Marks What Phillies Fans Already Knew.”

Posted at 9:20 AM by Howard Bashman



“Accused Al Qaeda operative can’t be jailed indefinitely, appeals court rules; In a landmark decision, a federal panel rejects Bush’s ‘enemy combatant’ policy; The Arab immigrant has been in a South Carolina military brig for four years”: This article appears today in The Los Angeles Times.

The Chicago Tribune today contains an article headlined “Detention ruled unlawful; Court: Terror suspect, U.S. resident can’t be held indefinitely.”

McClatchy Newspapers report that “Pentagon can’t hold ‘enemy combatant,’ court rules.”

In The New York Sun, Joseph Goldstein reports that “Court Rules Bush Lacks Power To Detain Suspects Indefinitely.”

The Washington Times reports that “Court says Bush lacks authority to detain indefinitely.”

The Richmond Times-Dispatch reports that “Enemy combatant can’t be indefinitely detained, court rules.”

And The Charleston (S.C.) Post and Courier reports that “Court rejects terror policy.”

My earlier coverage of yesterday’s Fourth Circuit ruling appears here, here, and here.

Posted at 9:08 AM by Howard Bashman



“Virginia high court justice says she’ll retire; Selection of Lacy by Baliles in 1988 was first of woman”: This article appears today in The Richmond Times-Dispatch.

Posted at 8:50 AM by Howard Bashman



“State argues: No freedom; Judge says Genarlow Wilson has served enough time for consensual teen sex offense, but attorney general fights ruling.” The Atlanta Journal-Constitution contains this article today. The newspaper also contains an editorial entitled “Justice mocked again: A judge says Genarlow Wilson should go free, but state attorney general will fight to prevent it.” And Georgia Attorney General Thurbert Baker has an op-ed entitled “Wilson case: Law governs.”

Elsewhere, The Los Angeles Times today contains an article headlined “‘Miracle’ rescinded by appeal; A Georgia judge voids a 10-year term in a teen sex case, but the state files an objection, so the offender isn’t freed.”

And USA Today reports that “Judge orders man in Ga. sex case freed; Imprisoned for act at age 17 with girl, 15.”

Posted at 8:47 AM by Howard Bashman



“Bid to shift tobacco cases to US courts denied; Supreme Court ruling a blow to entire industry”: This article appears today in The Boston Globe.

Posted at 8:37 AM by Howard Bashman



“1st Amendment Lawyer Abrams Sees Loss Of Press Freedoms”: The Hartford Courant today contains an article that begins, “Floyd Abrams may have been able to prevent the government from censoring The New York Times, but he couldn’t keep it from throwing Judith Miller in jail. Decades ago, the legendary First Amendment lawyer found himself winning most of his cases, like the famous Pentagon Papers case. But in recent years, as the times and the law have changed, he has been more often on the losing side, he said – and journalists have paid the price.”

Posted at 8:30 AM by Howard Bashman



“Public Defenders Appeal Sniper’s Convictions”: The Washington Post today contains an article that begins, “Sniper John Allen Muhammad’s attorneys are appealing his murder convictions in Montgomery County, arguing that the trial judge erred by allowing him to conduct his defense and by not giving his former defense attorneys a ‘meaningful opportunity’ to prove that he was not competent to stand trial.”

Posted at 8:27 AM by Howard Bashman



“A Unanimous Court”: The New York Sun today contains an editorial that begins, “What a remarkable situation is emerging on the highest court in the land.”

Posted at 8:20 AM by Howard Bashman



“Senators Block Vote on Gonzales; Republicans Thwart No-Confidence Bid”: This front page article appears today in The Washington Post. Dana Milbank’s “Washington Sketch” column is headlined “A Jolly Good Show, but the Wrong Side of the Pond.” And an editorial is entitled “Misplaced Confidence: Alberto Gonzales survives a Senate vote as new evidence of his own partisan politics emerges.”

The New York Times reports today that “In Senate Vote, G.O.P. Fights Off Gonzales Rebuke.”

The Los Angeles Times reports that “Gonzales avoids a no-confidence vote in Senate; Democrats fail to cut off debate as most Republicans close ranks behind the attorney general; The confrontation is linked to the controversial firing of eight federal prosecutors.”

McClatchy Newspapers report that “Majority of senators seek ‘no confidence’ vote on Gonzales.”

USA Today reports that “Republicans block Gonzales no-confidence vote; GOP leader decries ‘meaningless’ resolution as partisan politics.” The newspaper also contains an editorial entitled “Loyal to a fault, Bush keeps attorney general in power; Senate GOP blocks ‘no confidence’ vote; now it’s time for subpoenas,” while Tony Snow has an op-ed entitled “Gonzales deserves better: Senate has more important things to do than play partisan politics.”

And The Washington Times reports that “Democrats’ bid to rebuke Gonzales fails.”

Posted at 8:03 AM by Howard Bashman



“High Court Rules Against Home Aide on Wages”: Steven Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that “Justices say home healthcare aides not entitled to minimum wage, overtime; The Supreme Court decision on a rule for ‘companionship services’ could prod Congress to amend the law.”

In The Washington Post, Robert Barnes reports that “Court Rejects Overtime Pay For Home-Care Workers; Justices Also Deny Venue Change in Tobacco Suit.”

In USA Today, Joan Biskupic has an article headlined “Justices agree: No overtime for home-care work; NYC says pay would make costs soar; AARP says help will get scarce.”

In The New York Sun, Joseph Goldstein reports that “Supreme Court Rejects Home Care Wage Suit.”

And The Chicago Tribune contains an article headlined “Setback on pay for home care workers; Groups vow to carry wage fight to Congress.”

Posted at 7:50 AM by Howard Bashman



“Bush Administration Rebuffs Investors in Enron-Related Case”: Greg Stohr of Bloomberg News provides a report that begins, “The Bush administration dealt a setback to lawsuits that accuse Enron Corp.’s investment banks of helping defraud shareholders out of billions of dollars, refusing to back investors in a similar case at the U.S. Supreme Court. The Justice Department allowed yesterday’s midnight deadline to pass without filing a brief at the high court in support of investors in a securities-fraud case the justices will consider later this year. The department declined to comment on its decision not to submit the brief. The administration still has the option of backing the defendants in the case, Motorola Inc. and Cisco Systems Inc., by filing later on.”

The Associated Press reports that “Justice Dept. Won’t Back Shareholders.”

And The Washington Post reports today that “Investors Lose Key Advocate In Case on Financial Crimes.”

Posted at 7:30 AM by Howard Bashman



“Divide and Litigate: The ACLU sues an American company for helping the war effort.” David B. Rivkin Jr. and Lee A. Casey have this op-ed (free access) today in The Wall Street Journal.

Posted at 6:45 AM by Howard Bashman



“The Fortieth Anniversary of Loving v. Virginia: The Legal Legacy of the Case that Ended Legal Prohibitions on Interracial Marriage.” Joanna Grossman has this essay online today at FindLaw.

Posted at 6:32 AM by Howard Bashman