How Appealing



Wednesday, June 28, 2006

“Supreme Court upholds most of Texas’ redistricting plan”: Stephen Henderson of McClatchy Newspapers provides this report.

Posted at 9:00 PM by Howard Bashman



The White House announced these four federal appellate court nominations late today: Kent A. Jordan, of Delaware, to be United States Circuit Judge for the Third Circuit, vice Jane R. Roth, retired.

Raymond M. Kethledge, of Michigan, to be United States Circuit Judge for the Sixth Circuit, vice James L. Ryan, retired.

Debra Ann Livingston, of New York, to be United States Circuit Judge for the Second Circuit, vice John M. Walker, Jr., retiring.

And Stephen Joseph Murphy, III, of Michigan, to be United States Circuit Judge for the Sixth Circuit, vice Susan Bieke Neilson, deceased. You can access the complete list at this link.

In early news coverage, The Associated Press reports that “Bush nominates 4 for federal judgeships.”

Posted at 8:20 PM by Howard Bashman



“This litigation is at the very early stages, involving our review of a preliminary injunction that directed Wolf Run to allow the UMWA to serve as a miners’ representative in the ongoing investigation of the Sago Mine explosion.” The U.S. Court of Appeals for the Fourth Circuit today issued an opinion in typescript format affirming that preliminary injunction.

Today’s opinion begins, “In the wake of the catastrophic Sago Mine explosion in Upshur County, West Virginia, in which 12 miners were killed and another seriously injured, the mine operator, Wolf Run Mining Company, the Secretary of Labor through the Mine Safety and Health Administration, and the United Mine Workers of America became enmeshed in a dispute over the protocol for investigating the cause of the explosion.”

Posted at 5:45 PM by Howard Bashman



In Thursday’s edition of The Christian Science Monitor: Warren Richey will have articles headlined “‘On demand’ redistricting upheld; High court Wednesday upheld most of the GOP’s much-criticized redistricting in Texas“; “High court rules in favor of prisons denying problem inmates access to newspapers; In a 6-to-2 vote, the justices decided Wednesday that such actions don’t violate inmates’ First Amendment rights“; and “Treaty doesn’t force US to exclude incriminating testimony, court rules; The justices ruled 6 to 3 against two convicted foreign nationals.”

Posted at 5:30 PM by Howard Bashman



“This appeal raises an issue of first impression for the Courts of Appeals: whether the failure of the Secretary of the Department of the Interior to perform the nondiscretionary duty to designate a critical habitat for a threatened species is a continuing violation that permits a plaintiff to file suit more than six years after the deadline to perform that duty has passed.” A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit answered “no” today in a per curiam opinion that you can access here.

Posted at 3:18 PM by Howard Bashman



“Most of Texas’ redistricting map upheld”: Patty Reinert of The Houston Chronicle provides this news update.

Allen Pusey and Todd J. Gillman of The Dallas Morning News provide an update headlined “Court’s decision rejects many redistricting questions.”

The Austin American-Statesman provides a news update headlined “Supreme Court throws out part of Texas congressional map; Doggett’s Austin-to-Mexico district must be redrawn.”

Bill Mears of CNN.com reports that “High court upholds most of Texas redistricting map; Districts that diluted Latino strength tossed.”

And Greg Stohr of Bloomberg News reports that “Republican Texas Redistricting Upheld by Top Court.”

Posted at 11:50 AM by Howard Bashman



Today’s U.S. Supreme Court opinions in argued cases: The Court issued three opinions in argued cases today. Two cases — including the challenge to the legality of detainee tribunals at Guantanamo — remain to be decided, and those opinions are due to be issued at 10 a.m. eastern time tomorrow.

You can access the text of each opinion issued today (in PDF format) by clicking on the link provided for each case’s title in the numbered paragraphs immediately below.

1. The Court issued its ruling in League of United Latin American Citizens v. Perry, No. 05-204. You can access the oral argument transcript here. Additional background is available at this link.

2. The Court issued its ruling in Sanchez-Llamas v. Oregon, No. 04-10566. You can access the oral argument transcript here. Additional background is available at this link.

3. And the Court issued its ruling in Beard v. Banks, No. 04-1739. You can access the oral argument transcript here. Additional background is available at this link.

Gina Holland of The Associated Press reports that “Court Nixes Part of Texas Political Map.” The AP also reports that “Justices Rule Against Foreign Suspects” and “Justices Back Pa. on Prison Newspapers.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Decisions: No ruling on Hamdan; partisan gerrymander claim rejected.”

The two cases in which the Court is scheduled to issue opinions tomorrow at 10 a.m. eastern time are Hamdan v. Rumsfeld, No. 05-184 (oral argument transcript here; additional background here) and Clark v. Arizona, No. 05-5966 (oral argument transcript here; additional background here). Tom Goldstein reads the tea leaves at this link.

Posted at 10:00 AM by Howard Bashman



On the agenda: At 10 a.m. eastern time today, the Supreme Court of the United States will issue opinions in argued cases. Only five argued cases remain to be decided this Term, and summaries of the issues presented — which include the legality of the Guantanamo military tribunals and the legality of the most recent Texas congressional redistricting — can be accessed in this report from The Associated Press. Stay tuned for complete coverage of these decisions.

And at 2 p.m. eastern time today, the Senate Judiciary Committee will hold a confirmation hearing for two federal appellate court nominees: Eighth Circuit nominee Bobby E. Shepherd and Federal Circuit nominee Kimberly Ann Moore.

Posted at 9:45 AM by Howard Bashman



“The Name’s Bond, Supersedeas Bond: A look at staying money judgments on appeal.” This week’s installment of my “On Appeal” column for law.com can be accessed at this link.

Posted at 9:44 AM by Howard Bashman



“Senator considers suit over Bush law challenge”: Today in The Boston Globe, Charlie Savage has an article that begins, “The Senate Judiciary Committee chairman, Arlen Specter, said yesterday that he is ‘seriously considering’ filing legislation to give Congress legal standing to sue President Bush over his use of signing statements to reserve the right to bypass laws.”

The New York Times reports today that “Bush’s Use of Authority Riles Senator.”

The Washington Post reports that “Bush’s Challenges of Laws He Signed Is Criticized.”

The Washington Times reports that “White House defends Bush’s limits on bills.”

Michelle Boardman, formerly of “The Volokh Conspiracy,” had the pleasure of being in the hot seat to defend the Bush Administration’s position at yesterday’s hearing of the Senate Judiciary Committee. You can access the prepared text of her statement at this link.

Posted at 8:40 AM by Howard Bashman



“Guantanamo Officials Say They Can’t Stop All Suicides; New searches and special gear help, but administrators maintain that prisoners harm themselves as part of a `campaign against us'”: The Los Angeles Times contains this article today.

And today in The Miami Herald, Carol Rosenberg has an article headlined “Commander: Suicide plots continuing; The Guantanamo Bay prison camp commander disclosed that detainees’ efforts to plan suicides is ongoing as guards uncover hidden nooses and drugs.”

Yesterday, meanwhile, Rosenberg had an article headlined “Shutting down Guantanamo not an easy proposition; A U.S. diplomat outlined the repatriation ‘conundrum’ on the eve of U.S. Supreme Court ruling on whether Guantanamo’s war court is constitutional.”

Posted at 7:30 AM by Howard Bashman



“Court rules correctly on clean money: Restricting Vermont’s limits on campaign contributions confirms the wisdom of a 30-year-old ruling.” This editorial appears today in The Los Angeles Times.

Posted at 7:22 AM by Howard Bashman



“Flag Amendment Narrowly Fails in Senate Vote”: The New York Times contains this article today.

The Washington Post reports today that “Senate Rejects Flag Desecration Amendment.” And Dana Milbank’s Washington Sketch column is headlined “Not Quite the Banner Day One Might Have Hoped For.”

The Los Angeles Times reports that “Flag Measure Fails by 1 Vote; Majority leader says ‘Old Glory lost today,’ as amendment to ban desecration is rejected.”

The Chicago Tribune reports that “Flag desecration amendment fails; Measure falls 1 vote short after a lively Senate debate.”

The Boston Globe reports that “Flag-burning amendment fails by a vote; Ban said to show respect for troops.”

The San Francisco Chronicle reports that “Flag abuse ban fails by 1 vote in U.S. Senate.”

The Washington Times reports that “Flag amendment fails in Senate.”

USA Today reports that “Senate rejects flag bill by 1 vote; By 66-34, amendment misses two-thirds mark.”

And The Hill reports that “Senate nixes Old Glory amendment.”

Posted at 7:18 AM by Howard Bashman



“No Knock-and-Announce? No Problem: The Supreme Court Holds Evidence from No-Knock Entries Admissible In Court.” Sherry F. Colb has this essay online today at FindLaw.

Posted at 6:58 AM by Howard Bashman