How Appealing

Friday, June 13, 2008

"Over Guantanamo, Justices Come Under Election-Year Spotlight": Linda Greenhouse will have this news analysis Saturday in The New York Times.

Tomorrow's newspaper will also report that "Lawyers for Detainees Plan to Use Justices' Ruling to Mount New Attacks."
Posted at 11:58 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "McCain slams Supreme Court on terrorist detainees" and "Michigan governor vetoes ban on abortion procedure."

Meanwhile, in other news, Pete Yost reports that "Court says campaign finance rules too weak." My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 11:55 PM by Howard Bashman

"U.S. judges can't pull Americans from Iraqi courts; Thursday's Supreme Court ruling involved men accused of kidnapping-for-ransom schemes": Warren Richey has this article today in The Christian Science Monitor.

And The Washington Post reports today that "Ability to Challenge Transfer to Foreign Custody Is Limited."
Posted at 09:18 PM by Howard Bashman

"I've tried to avoid blogging about the Judge Kozinski story, because I'm so obviously biased on the subject." So begins an interesting and thoughtful post from Eugene Volokh at "The Volokh Conspiracy."
Posted at 05:32 PM by Howard Bashman

"Appeals court denies Texaco's tax refund request": The Associated Press provides a report that begins, "A federal appeals court has denied Texaco Inc.'s bid for a $101 million tax refund after paying $1.25 billion to settle an overcharging complaint."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:42 PM by Howard Bashman

"R. Kelly acquitted": The Chicago Tribune provides a news update that begins, "A Cook County jury on Friday acquitted R&B superstar R. Kelly of child pornography charges, marking the end of a high-profile trial rich in courtroom drama and celebrity intrigue."

And The Chicago Sun-Times provides a news update headlined "R. Kelly not guilty on all counts."
Posted at 04:28 PM by Howard Bashman

"Judge Alex Kozinski recuses himself from obscenity trial; The 9th Circuit chief judge makes the decision three days after admitting he had posted sexually explicit photos and videos on his personal website": The Los Angeles Times provides this news update.

And The Associated Press reports that "Judge under scrutiny declares mistrial in LA obscenity case."

I have posted the recusal order online at this link.

In an earlier post here at "How Appealing," an experienced and highly regarded federal criminal defense appellate specialist opined that declaring a mistrial due to recusal could provide the defendant with a double jeopardy defense to any retrial.
Posted at 03:54 PM by Howard Bashman

D.C. Circuit allows lawsuit to proceed seeking to recover from the Russian government thousands of historic religious books, manuscripts, and documents claimed to belong to the Chabad-Lubavitch organization: You can access today's ruling at this link.
Posted at 12:27 PM by Howard Bashman

D.C. Circuit once again rejects certain revised regulations that the Federal Election Commission promulgated to implement the McCain-Feingold Act, formally known as the Bipartisan Campaign Reform Act of 2002: Circuit Judge David S. Tatel, with whom I had the pleasure of having lunch last Thursday (in a small group that also included Dahlia Lithwick), is the author of today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:07 AM by Howard Bashman

"Guantanamo Ruling May Roil Obama, McCain With No Alternatives": James Rowley and Greg Stohr of Bloomberg News have this report.
Posted at 10:55 AM by Howard Bashman

The Associated Press is reporting: Mark Sherman has an article headlined "Mukasey: Detainee ruling won't stop terror trials."

David Espo has a news analysis headlined "Court's course in next president's hands."

And an article is headlined "Lawyer: Gitmo ruling helps US-held terror suspect."
Posted at 09:12 AM by Howard Bashman

"Justices Say Detainees Can Seek Release": Robert Barnes has this front page article today in The Washington Post. The newspaper also contains a front page news analysis headlined "Administration Strategy for Detention Now in Disarray" and an article headlined "Detainees Now Have Access to Federal Court."

Today in The Los Angeles Times, David G. Savage reports that "Guantanamo detainees have constitutional rights, Supreme Court says; In their third rebuke of Bush administration policy, the justices rule 5 to 4 that the prisoners can petition a federal judge for their freedom -- the right of habeas corpus." The newspaper also contains a news analysis headlined "Basis for offshore prison is undercut"; an editorial entitled "Habeas for Guantanamo detainees: The Supreme Court confirms the prisoners' rights to challenge their detention under the Constitution"; and an op-ed by David Kaye entitled "Scalia's fear factor: His dissent in a key terror case makes it harder to solve the Gitmo problem."

The New York Times contains a news analysis headlined "Detention Camp Remains, but Not Its Legal Rationale"; an article headlined "McCain and Obama Split on Justices' Guantánamo Ruling"; and an editorial entitled "Justice 5, Brutality 4."

In USA Today, Joan Biskupic and Alan Gomez have a front page article headlined "Ruling lays path from Guantanamo to U.S. courts; Justices' 5-4 vote bucks Bush's detainee policy." Biskupic also has a separate article headlined "Ruling maintains high court's streak on Gitmo cases; Slim split typical of post-9/11 cases." An editorial is entitled "Latest Guantanamo ruling reaffirms American values; Court sends powerful message, upholds rights for detainees." And Richard Samp has an op-ed entitled "An inexplicable power grab: Ruling puts lives at risk, usurps the role of Congress and the president."

In The Chicago Tribune, James Oliphant reports that "Court backs Gitmo inmates; Detainees must get day in U.S. court, justices rule."

In The Wall Street Journal, Jess Bravin has a front page article headlined "High Court Rebuffs Bush Over Detainees." The newspaper also contains an editorial entitled "President Kennedy."

In The Miami Herald, Michael Doyle and Carol Rosenberg report that "Scores of Guantanamo prisoners could be ordered free after ruling; The Supreme Court's ruling Thursday in favor of prisoners could mean that scores of men could soon be released from Guantanamo Bay."'s Tony Mauro reports that "Supreme Court Says Guantanamo Detainees Have Right to Challenge Detention; Scalia in dissent: 'The nation will regret what the Court has done today.'"

And in The New York Sun, Joseph Goldstein reports that "Bush To Bow to the Nine on POWs; Habeas Corpus Is Extended to Guantanamo Prisoners." The newspaper also contains an editorial entitled "Grandeur of Justice, II."
Posted at 08:50 AM by Howard Bashman

"Judge, prosecutor secretly dated, appeal says; Death row inmate set for execution Tuesday says he didn't get impartial trial": Chuck Lindell has this article today in The Austin American-Statesman.

And The New York Times reports today that "Texas Inmate Says Judge and Prosecutor Had Affair."
Posted at 08:33 AM by Howard Bashman

Porn-posting judge asks to be probed: Today in The San Francisco Chronicle, Bob Egelko reports that "Judge invites probe into his steamy Web site."

Today in The San Jose Mercury News, Howard Mintz has an article headlined "'Rebel' judge lands in flap over Web site" that begins, "In early December, Alex Kozinski, rumpled as always, leaned back in a leather chair in his San Francisco office, pausing to consider what he most wanted to accomplish as the new chief judge of the nation's largest federal appeals court. 'What I'm hoping for,' Kozinski quipped, 'is an entirely forgettable seven years where nothing happens.' Sorry, judge."

The New York Daily News contains an article headlined "It takes one to judge one: Jurist in porn trial caught with fetish pics." The article's sidebar is titled "This jurist goes by the kook."

At Wired's "Threat Level" blog, Kim Zetter has a post titled "Critic Says Judge's Web Site Was Distributing MP3 Files and Was Target of Previous Complaint."

"Lessig Blog" has a post titled "The Kozinski mess."

The Los Angeles Times contains an editorial entitled "Don't judge Kozinski by his porn: An apology from the 9th Circuit judge for his computer collection of porn isn't necessary; He just needs to say, 'So what?'" The editorial does, however, call on Judge Kozinski to recuse from continuing to preside as trial judge over a federal obscenity trial now underway in Los Angeles.

And Bloomberg News columnist Ann Woolner has an essay entitled "Porn Everywhere, Filmmaker and Judge Both Have It."
Posted at 08:17 AM by Howard Bashman

Available online from An article reports that "Divided 2nd Circuit Denies Hearing by Full Court in Bias Case." My earlier coverage of yesterday's Second Circuit order and accompanying opinions appears at this link.

And Shannon P. Duffy reports that "3rd Circuit Urged to Unseal Docket and Other Records in Abortion Case." His article begins, "Lawyers for The Legal Intelligencer filed court papers Thursday urging the 3rd U.S. Circuit Court of Appeals to reconsider a recent opinion that approved a trial judge's decision to seal all documents -- including the court's docket -- in a precedent-setting case brought by a woman who claims she was fired because she had an abortion. In a separate motion, The Legal's lawyers, Robert C. Clothier and Brett A. Berman of Fox Rothschild, asked the 3rd Circuit to unseal the case at the appellate level where all documents and the court's docket are likewise under seal."
Posted at 07:57 AM by Howard Bashman

"Minority recruiting is paying off, U-M asserts; Diversity almost same in year since Prop 2 took effect": This article appears today in The Detroit Free Press.
Posted at 07:54 AM by Howard Bashman

"U.S. Senate to vote on Mich. judge's nomination": The Detroit News today contains an article that begins, "The Senate Judiciary Committee voted largely along party lines Thursday to send to the Senate floor the controversial and long-languishing nomination of Helene White of Michigan to the 6th U.S. Circuit Court of Appeals. The vote was 11-8, with all Democrats voting for her, and all but one Republican -- Orrin Hatch of Utah -- voting against her."

And The Associated Press reports that "U.S. Senate committee OKs 3 Michigan judicial nominees."
Posted at 07:40 AM by Howard Bashman

"What's Next for Kozinski?" provides this report, along with a related article headlined "Experts Disagree Over Whether Kozinski Should Recuse From Obscenity Trial."
Posted at 12:02 AM by Howard Bashman

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