How Appealing

Thursday, June 29, 2006

"Borking Judge Boyle": U.S. Senator Elizabeth Dole (R-NC) has this op-ed today in The Washington Times.
Posted at 11:40 PM by Howard Bashman

"Arizona Rules Against Convicted Attorney": The Associated Press provides a report that begins, "The state Supreme Court has refused to allow a Texas attorney to practice law in Arizona because he served time for attempted murder before becoming a lawyer."

And The Arizona Republic reports today that "Ex-con denied entry to Ariz. Bar."

You can access yesterday's ruling of the Supreme Court of Arizona at this link.
Posted at 11:38 PM by Howard Bashman

"Court upholds states' insanity-defense standards": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 11:30 PM by Howard Bashman

"N.M. Courthouse Workers Endure Pigeon Poo": The Associated Press provides this report.

And in local coverage, The Clovis News Journal reports today that "Bird droppings making way from roof to offices inside county courthouse."
Posted at 11:20 PM by Howard Bashman

"Former judge convicted of indecent exposure": The Tulsa World provides a news update that begins, "Former Creek County District Judge Donald Thompson was convicted on each of four counts of indecent exposure Thursday night and was sentenced to a year in prison plus a $10,000 fine on each of the charges. Jurors deliberated about 5-1/2 hours and returned their verdicts shortly after 9 p.m., bringing an end to a trial that has lasted nearly three weeks and saw an onslaught of witnesses, among them some of Thompson's former jurors, court personnel and law enforcement officers, testifying against the former judge. The charges alleged that Thompson exposed himself by using a penis pump to masturbate during trials in his Sapulpa courtroom."

Earlier today, the newspaper provided a news update headlined "Jurors begin deliberations in Thompson trial." And today's print edition of the newspaper contains an article headlined "Donald Thompson: Jurors expected to begin discussion; The panel will hear closing arguments today, after which the judge will instruct them on the laws."

The Oklahoman provides a news update headlined "Former Creek County judge convicted" that begins, "Jurors took just hours Thursday to convict a former judge who was accused of exposing himself by using a sexual device while he presided over court cases." And today's newspaper contains an article headlined "Testimony ends in trial of former judge."

The Associated Press reports that "Ex-Judge Convicted of Indecent Exposure."

Today's edition of The Sapulpa (Okla.) Daily Herald contains an article headlined "Testimony ends, jury to begin deliberations in Thompson trial."

And Slate's Explainer provides a report entitled "Do Penis Pumps Work?: Well, they can help you get an erection."
Posted at 10:38 PM by Howard Bashman

"Court Says Bush Overstepped Authority": This audio segment (RealPlayer required) featuring Lyle Denniston, Jonathan Turley, and Douglas Kmiec appeared on today's broadcast of the public radio program "Here & Now."

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "High Court Blocks Guantanamo Tribunals" (transcript with links to audio).
Posted at 10:33 PM by Howard Bashman

"Not Live From Capitol Hill: The Supreme Court busts Lindsey Graham and John Kyl." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:28 PM by Howard Bashman

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court: Tribunals Exceeded Bush's Authority" (featuring Nina Totenberg); "Bush Pledges to Obey, Analyze Court's Ruling"; "Fate of Detainees Unclear, Despite Court Ruling"; and "Senior Military Lawyer Was Leery of Tribunals."

Today's broadcast of "Talk of the Nation" contained an audio segment entitled "How Will Hamdan Ruling Affect Presidential Power?" featuring David G. Savage, Neal Katyal, and David Rivkin.

And today's broadcast of "Day to Day" contained audio segments entitled "Court Rejects Guantanamo War Crimes Trials" (featuring Dahlia Lithwick); "Former Detainee Reacts to Guantanamo Ruling"; and "David Addington and the War on Terrorism."

RealPlayer is required to launch these audio segments.
Posted at 10:20 PM by Howard Bashman

"What Hamdan did not decide": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:14 PM by Howard Bashman

"Supreme Court Blocks Guantanamo Tribunals": Linda Greenhouse of The New York Times provides this news update. Tomorrow's newspaper will contain an article headlined "Court's Ruling Is Likely to Force Negotiations Over Presidential Power." And a news update is headlined "European Foes of Guantanamo Praise Ruling."

David G. Savage of The Los Angeles Times provides a news update headlined "Court Rules Against Military Trials for Detainees." And related news updates are headlined "Supreme Court Ruling May Not Slow White House" and "Pentagon Lawyers Fought Hard-Liners on Rules of War."

Stephen Henderson of McClatchy Newspapers reports that "Supreme Court rebukes Bush on tribunals."

The Miami Herald provides a news update headlined "Court: President exceeded authority by creating Guantanamo tribunals." And Carol Rosenberg provides a news update headlined "Guantanamo officials: Business as usual as court rules."

Friday in The Christian Science Monitor, Warren Richey will report that "Supreme Court rejects military tribunals; The high court's 5-to-3 ruling Thursday scuttled US plans for Guantanamo detainees."

And's Tony Mauro and Jason McLure report that "Supreme Court Invalidates Guantanamo Detainee Tribunals; Stevens writes 5-3 opinion; Scalia and Thomas read angry dissents from the bench."
Posted at 09:54 PM by Howard Bashman

"Judge Donates Kidney to Ailing Prosecutor": The Associated Press provides a report that begins, "A federal magistrate has donated a kidney to an ailing prosecutor who often appeared before him, solving a medical problem but causing perhaps a sticky legal one."

And in earlier coverage, The Kentucky Post reported last week that "Judge donates the gift of life." According to the article, "Steve Wolnitzek, chairman of the Judicial Conduct Commission of Kentucky and a former president of the Kentucky Bar Association, said a kidney exchange wouldn't preclude a judge and prosecutor from working on the same case."
Posted at 09:50 PM by Howard Bashman

"Peter D. Keisler, of Maryland, to be United States Circuit Judge for the District of Columbia Circuit, vice John G. Roberts, Jr., elevated": The White House announced this judicial nomination today. The nominee's bio is available at this link.

Update: It is interesting to note that Keisler presented the federal government's winning oral argument to the D.C. Circuit in the Hamdan case. Today, of course, the U.S. Supreme Court issued this decision reversing the D.C. Circuit's ruling.
Posted at 09:33 PM by Howard Bashman

Greetings from Dedham, Massachusetts: Where tomorrow I will speak to the Commonwealth Attorneys Appellate Action Project.
Posted at 09:30 PM by Howard Bashman

Programming note: I'll be speaking to a group of appellate attorneys in the Boston area tomorrow morning, and I'll be traveling to Boston this afternoon. Additional posts will appear tonight.
Posted at 01:35 PM by Howard Bashman

"Supreme Court Upholds Arizona Insanity Law": The Associated Press provides this report.
Posted at 01:15 PM by Howard Bashman

"Supreme Court Rules Against Bush on Guantanamo": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition," along with an audio segment entitled "Bush Administration Rebuffed by Supreme Court." RealPlayer is required to launch these audio segments.

And today's broadcast of the public radio program "On Point" contained a segment entitled "Guantanamo Prison's Future?" available in both RealPlayer and Windows Media Player formats.
Posted at 12:50 PM by Howard Bashman

"The multiplication of distinctions beyond differences is a disease of the legal profession against which the judiciary has not been inoculated." So writes Seventh Circuit Judge Richard A. Posner in this interesting decision issued today.
Posted at 12:45 PM by Howard Bashman

Beware of diseased metal: The final paragraph of the syllabus of today's ruling in Clark v. Arizona states, "For these reasons, there is also no cause to claim that channeling evidence on metal disease and capacity offends any '"principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental,"' Patterson, supra, at 202. P. 38." Thanks to a reader for drawing this to my attention.
Posted at 12:40 PM by Howard Bashman

"High court blocks Gitmo military tribunals; Ruling does not address detention of terror suspects": Bill Mears provides this report at
Posted at 12:35 PM by Howard Bashman

"Hicks' military trial ruled 'illegal'": This article will appear Friday in The Age of Melbourne, Australia.

And The Australian on Friday will report that "Hicks could return in prisoner deal."
Posted at 11:40 AM by Howard Bashman

"Mack wants Washoe judges, DA off case": This article appears today in The Reno Gazette-Journal, along with an article headlined "SUV on video looks like Mack's rental."

Meanwhile, you can access here the transcript of last night's broadcast of CNN's "Larry King Live" program, on which Judge Chuck Weller appeared as a guest.
Posted at 11:25 AM by Howard Bashman

"Ark. High Court Backs Gay Foster Parents": The Associated Press provides this report.
Posted at 11:20 AM by Howard Bashman

"In the district court's own words, '[t]he history of this case is indelibly etched in the court's memory.' This case too will forever be etched in my mind as one of the most fundamentally unfair results that I have ever witnessed in thirty-plus years as a judge." So begins a dissenting opinion that Sixth Circuit Judge Boyce F. Martin, Jr. issued today.

Judge Martin's dissenting opinion concludes: "When I think about this case, as I have done so often as of late, it makes me sick to my stomach. To imagine the emotional and psychological turmoil Mr. Sanders has been forced to endure as a result of the government's action and inaction in this case shocks and angers me to no end. Sanders woke up every day for six years believing that he was a free man. That's 2,190 mornings. And, in this case, it appears that Lummie Sanders used each of those days to make something out of his life. I cannot imagine any more settled expectations than those. I would order Sanders released from prison immediately. If we as a federal court cannot remedy the truly fundamentally unfair result that exists here, I don't know what good we are. And the law, well, if the law truly requires Lummie Sanders to go back to prison -- the law is a ass."
Posted at 11:00 AM by Howard Bashman

"Women lose Girls Gone Wild lawsuit": This article appears today in The Fort Worth Star-Telegram.
Posted at 10:45 AM by Howard Bashman

Today's U.S. Supreme Court opinions in the two argued cases that remained undecided from this Term: 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 today issued its ruling in Hamdan v. Rumsfeld, No. 05-184. You can access the oral argument transcript here. Additional background is available at this link.

2. And the Court issued its ruling in Clark v. Arizona, No. 05-5966. You can access the oral argument transcript here. Additional background is available at this link.

In early news coverage, Gina Holland of The Associated Press reports that "Supreme Court Blocks Bush, Gitmo War Trials." Reuters, meanwhile, reports that "Court ruling to have little impact on Guantanamo."

And at "SCOTUSblog," Lyle Denniston has a post titled "Decisions: Hamdan decided, commissions invalid."
Posted at 10:00 AM by Howard Bashman

"Most of Texas remap upheld; Supreme Court finds just 1 district, Bonilla's, violates Voting Rights Act": Patty Reinert has this article today in The Houston Chronicle. The newspaper also contains articles headlined "Redrawing likely to have wide impact; Changes ordered in Bonilla's district likely to be felt in other parts of state" and "Remap launched DeLay's wild ride; The majority leader who lost his post under a cloud of troubles hails court ruling." And an editorial is entitled "Pyrrhic victory: Court rules midterm redistricting legal, but its cost should be painfully clear to both parties."

The Dallas Morning News today contains articles headlined "GOP wins in remap ruling; Supreme Court says legislatures can redraw districts at any time"; "Reworking one district could have ripple effect"; and "Even out of office, DeLay can still see victory in court ruling; Redistricting plan he engineered good for Texas, he says." An editorial is entitled "No Clear Lines: Court fails to set redistricting standards." And Carl P. Leubsdorf has an essay entitled "Decision strengthens GOP hold on districts."

The Fort Worth Star-Telegram reports that "Supreme Court preserves most of redistricting plan" and "Court's decision to have ripple effect." The newspaper also contains an editorial entitled "Not as bad as it could be."

The Austin American-Statesman contains an article headlined "Top court: Fix voting map" and an editorial entitled "Partisanship is big winner in court's redistricting ruling."

And The San Antonio Express-News contains articles headlined "New voting may loom for at least 6 House seats" and "Sides applaud the ruling -- or different parts of it."
Posted at 09:55 AM by Howard Bashman

"Supreme Court Gives States Redistricting Leeway": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:50 AM by Howard Bashman

"Judge deadlock closer to an end; Bush nominees include a Democrat": This article appears today in The Detroit Free Press.

The News Journal of Wilmington, Delaware reports that "Judge nominated for federal appeals court; Kent A. Jordan would take spot vacated by Judge Jane R. Roth."

And The Associated Press reports that "Bush Nominates New York Lt. Gov. for Bench."
Posted at 08:45 AM by Howard Bashman

"Justices Uphold Most Remapping in Texas by G.O.P." Linda Greenhouse has this article today in The New York Times. The newspaper also contains an article headlined "Day of Joy Dawns for Republicans, Proud Owners of Texas Districting Map" and an editorial entitled "A Loss for Competitive Elections."

Today in The Washington Post, Charles Lane and Dan Balz report that "Justices Affirm GOP Map For Texas; Other States May Follow Suit." And in related coverage, "Effort to Secure Texas Led to Fall Of Tom DeLay; But Ex-Lawmaker Calls Ruling 'Victory.'"

In The Los Angeles Times, David G. Savage reports that "High Court Upholds Texas Redistricting; In rejecting Democrats' charge of 'partisan gerrymandering,' the justices give lawmakers wider power to redraw lines for their parties." And a related article is headlined "For Democrats, Power to Remap Is a Tricky Tool; The high court decision gives the party a chance to gain House seats; But redrawing districts may alienate minorities or stir other tensions."

In USA Today, Joan Biskupic and Kathy Kiely report that "Justices uphold redrawn districts; Victory for Texas GOP may inspire other states." And a related article is headlined "Ruling may incite redistricting battles; Some say high court decision encourages gerrymandering."

The Chicago Tribune contains an article headlined "What remap ruling means to U.S. politics: Top court gives GOP likely boost; 1 Texas district must change."

The Washington Times reports that "Court OKs mid-decade redistricting."'s Tony Mauro reports that "Supreme Court Upholds Most of Texas Redistricting Map; Roberts announces term will end today; detainee decision awaited."

The Hill reports that "DeLay map largely stands."

And The Wall Street Journal contains an editorial entitled "DeLay's Revenge: The Supreme Court leaves gerrymanders to the politicians" (free access).
Posted at 07:30 AM by Howard Bashman

"High court upholds Pa. prison policy; The U.S. Supreme Court said the state could restrict photos and reading materials without violating the 1st Amendment": This article appears today in The Philadelphia Inquirer.
Posted at 07:20 AM by Howard Bashman

"Treaty Doesn't Give Foreign Defendants Special Status in U.S. Courts, Justices Rule": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Justices Reject Pact In Ruling Against Noncitizen Suspects."

In The Los Angeles Times, David G. Savage reports that "U.S. Law Trumps World Treaty, High Court Says."

And's Tony Mauro reports that "High Court Rules Against Foreign Suspects."
Posted at 07:15 AM by Howard Bashman

"A Much-Needed Shield for Reporters": Theodore B. Olson has this op-ed today in The Washington Post.
Posted at 07:04 AM by Howard Bashman

"Corrupt Campaign 'Reform'": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 07:02 AM by Howard Bashman

"Scrutiny Urged for Hedge Funds; Ruling Leaves Industry in 'Regulatory Void,' Official Says": The Washington Post contains this article today.

And The Chicago Tribune today contains an article headlined "Funds hedge on rule reversal; Firms considering effect of registering, lock-ups on clients."
Posted at 07:00 AM by Howard Bashman

"British Court Rejects Tactic Used in Cases of Terrorism": This article appears today in The New York Times.
Posted at 06:48 AM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Supreme Court to End Term With Two Rulings"; "Defense Seeks New Judge in Shooting Case"; "House Backs 'Knock and Announce' Searches"; and "Mo. Struggles to Get Docs for Executions."
Posted at 06:45 AM by Howard Bashman

"The Public Expression of Religion Act of 2005: A Bill That Is Intended to Eviscerate the Establishment Clause." Marci Hamilton has this essay online today at FindLaw.
Posted at 06:35 AM by Howard Bashman

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