How Appealing



Monday, June 16, 2008

“It Isn’t Tilting in The Same Old Ways”: Yesterday in The Washington Post, Dahlia Lithwick had an op-ed that begins, “With just two weeks left in the Supreme Court’s term, everything we thought we knew about the Roberts court seems wrong.”

Posted at 11:30 PM by Howard Bashman



“First of California’s same-sex marriage licenses are issued”: The Los Angeles Times provides this news update.

The San Francisco Chronicle provides a news update headlined “Same-sex weddings start with union of elderly San Francisco couple.”

The Sacramento Bee provides a news update headlined “Gay marriages under way in Yolo County, San Francisco.”

And The San Jose Mercury News has an update headlined “Same-sex weddings begin in California.”

Posted at 9:57 PM by Howard Bashman



“East Coast panel to oversee misconduct probe of California Judge Alex Kozinski”: Scott Glover of The Los Angeles Times has this news update.

The Associated Press reports that “Judge’s wife calls Web porn story ‘outright lies’.”

This evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Judges and Conflicts of Interest” (RealPlayer required).

And Jaikumar Vijayan of Computerworld has an article headlined “Federal judge lands in hot water over explicit images on Web site; Judge in L.A. recuses himself from obscenity trial, asks court officials to investigate him” in which I am quoted.

Elsewhere, at Wired’s “Threat Level” blog, Ryan Singel has a post titled “Wiretap Ruling Dies Slow Death As Congress Moves Towards Telecom Amnesty” that begins, “Somewhere on the hard drive of a judge from the 9th U.S. Circuit Appeals Court there likely lives a file that’s way more interesting than the tasteless, porn videos found on the personal website of the circuit’s chief judge Alex Kozinski. Somewhere there’s an opinion from three judges that rules whether or not citizens can sue AT&T for violations of federal wiretapping law, or whether the government’s invocation of national security trumps the right to seek redress.”

At Townhall.com, Justin Hart has an essay entitled “Judging Pornography.”

And at WorldNetDaily, Joseph Farah has an essay entitled “Prosecute the perv judge.”

Posted at 9:00 PM by Howard Bashman



Philadelphia-based U.S. Court of Appeals for the Third Circuit to conduct inquiry into Ninth Circuit Judge Alex Kozinski‘s online posting of pornographic images, mp3 files, and other materials: So advises a reporter for the Daily Journal of California. This assignment was made by Chief Justice John G. Roberts, Jr.

The Third Circuit’s Chief Judge is Anthony J. Scirica, and he would be deciding in the first instance what if anything to do with the judicial misconduct proceeding that Judge Kozinski apparently initiated with regard to himself last week.

The Third Circuit is viewed as one of the federal appellate courts that are most protective of First Amendment rights, as evidenced by television broadcasters’ having selected the Third Circuit as the forum to challenge the FCC’s fines for Janet Jackson’s indecent exposure during the Super Bowl halftime show several years back. Moreover, Chief Judge Scirica is correctly perceived as a personification of fairness, and he is particularly highly regarded throughout the entire federal judicial system for the amazing job he performed for many years heading up the revision process for the rules of procedure and evidence applicable to federal bankruptcy, district, and intermediate appellate courts.

Update: The Associated Press reports that “Judges named to head Kozinski inquiry.” According to the article, “U.S. Chief Justice John Roberts, acting under rules for federal judges, named five judges from the 3rd U.S. Circuit Court of Appeals, based in Philadelphia, to do the investigation.” The article does not name the five judges, and I in the original portion of this post I have assumed that the Third Circuit’s Chief Judge is among those five judges.

Second update: The AP report, as revised, identifies the following five judges as assigned to the investigatory panel, “Named were the chief judge for the 3rd Circuit Court of Appeals, Anthony J. Scirica; two other 3rd Circuit Court judges, Marjorie O. Rendell and Walter K. Stapleton; and two chief U.S. District Court judges, Harvey Bartle III of Pennsylvania and Garrett Brown Jr. of New Jersey.” Judge Rendell is the wife of Pennsylvania’s governor, and Judge Stapleton, based in Wilmington, Delaware, is a senior status Third Circuit judge. Chief Judge Bartle serves on the Philadelphia-based U.S. District Court for the Eastern District of Pennsylvania.

Posted at 5:44 PM by Howard Bashman



“Jurist’s career of firsts hits a milestone; Lynch being sworn in as head of appeals court”: The Boston Globe today contains this article about Sandra L. Lynch, who at 2 p.m. eastern time today was sworn in as the first female Chief Judge of the U.S. Court of Appeals for the First Circuit. She also remains the only female judge to serve on the First Circuit.

And The Boston Herald reports today that “Judge Sandra L. Lynch breaks court’s glass ceiling.”

The First Circuit issued this related press release last month.

Posted at 3:28 PM by Howard Bashman



Wife says husband is “not into porn”; Husband is glad wife is willing to believe that: ABA Journal provides a post titled “Wife of 9th Circuit Chief Judge Says Her Husband Is ‘Not Into Porn.’

As I noted in this post from Saturday, ABA Journal magazine has posted online a lengthy article by Terry Carter headlined “Risque Images, Music Tied to 9th Circuit Chief’s Site Raises Ethics Questions.”

In connection with that lengthy article, the ABA Journal has posted online a remarkable letter (back-up copy posted here) dated October 12, 2007 from L. Ralph Mecham, former director of the Administrative Office of the United States Courts, which accuses Ninth Circuit Judge Alex Kozinski of having committed a criminal offense in 2001 against the federal judiciary’s computer system that constituted a felony under federal law.

Posted at 3:14 PM by Howard Bashman



“Supreme Court to rule on whether Ashcroft can be sued; A Pakistani man who was arrested in Long Island after the Sept. 11 attacks charges that he was illegally detained; Justices will examine whether high-ranking officials are immune from such lawsuits”: David G. Savage of The Los Angeles Times has this news update.

And James Vicini of Reuters reports that “U.S. top court to decide Sept. 11 abuse case.”

Posted at 2:24 PM by Howard Bashman



“Lawyering and the Craft of Judicial Opinion Writing: The Second Conversation with Justice Samuel A. Alito Jr. on the Law of the Constitution.” On the evening of July 30, 2008 in Malibu, California, the Pepperdine University School of Law will host this event (you can also access a PDF file of the program’s brochure by clicking here).

Participating in the event will be Justice Samuel A. Alito, Jr.; Tenth Circuit Judge Michael W. McConnell; Walter E. Dellinger III; and Kenneth W. Starr. Law Professor Douglas W. Kmiec will serve as the program’s host and moderator.

Based on this description of the program, it looks to be quite interesting. Online registration can be accomplished via a link featured on this web page.

Posted at 11:55 AM by Howard Bashman



Today’s U.S. Supreme Court Order List and opinions in argued cases: The Court today issued opinions in two argued cases.

1. Today’s first opinion issued in Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., No. 07-312. You can access the opinion at this link and the oral argument transcript at this link.

2. And today’s second and final opinion issued in Dada v. Mukasey, No. 06-1181. You can access the opinion at this link and the oral argument transcript at this link.

The Court will next issue opinions in argued cases on Thursday, at 10 a.m. eastern time.

You can access today’s Order List at this link. The Court granted review in three cases and requested the views of the Solicitor General in one case.

Posted at 10:24 AM by Howard Bashman