How Appealing



Wednesday, July 11, 2007

“The Bush Court: President Bush has made good on his pledge to move the Supreme Court to the right; As a result, the Court could be more of an issue in the 2008 presidential race than it was in 2004.” William Schneider has this essay in this week’s issue of National Journal.

Posted at 11:30 PM by Howard Bashman



“A Crack in the System: For the fourth time in 20 years, the U.S. Sentencing Commission has asked lawmakers to reform mandatory cocaine sentencing policy; Might this be the year Congress listens?” Christopher Moraff has this essay online at The American Prospect.

Posted at 11:20 PM by Howard Bashman



“The President’s Strained Mercy: If Bush wants to correct unjust sentences, why stop with Scooter Libby?” Jacob Sullum has this essay online today at Reason.

Posted at 11:12 PM by Howard Bashman



“Scalia-Thomas Derangement Syndrome: A full-court press of illogic.” Matthew J. Franck has this essay today at National Review Online.

Posted at 11:08 PM by Howard Bashman



“Ethics panel: Rivera-Soto deserves censure.” The Newark (N.J.) Star-Ledger provides a news update that begins, “State Supreme Court Justice Roberto Rivera-Soto engaged in judicial misconduct and should be censured, a state judicial ethics committee said today.” You can access online both the committee’s presentment and the justice’s response.

Earlier. today’s issue of The Star-Ledger contains an article headlined “Papers detail Rivera-Soto school dispute.”

And The Philadelphia Inquirer reports today that “N.J. justice faces fallout after high school dispute; He is accused of ethical misconduct stemming from a school dispute.”

Posted at 8:00 PM by Howard Bashman



“DC Bar Panel on ‘The Supreme Court: The View From The Press Gallery.'” On Monday, the DC Bar hosted an event featuring Joan Biskupic, Robert Barnes, Tony Mauro, Mark Sherman, and Stuart Taylor Jr.

C-SPAN has posted video of the event online, and you can access the video by clicking here (RealPlayer required).

Posted at 4:30 PM by Howard Bashman



“Court Asked to Review Judge’s ‘Rape’ Ban”: The Associated Press provides a report that begins, “A woman who says she was raped has asked the Nebraska Supreme Court to review a judge’s ban on saying such words as ‘rape’ and ‘victim’ at the trial of the accused man.”

And The Lincoln Journal-Star provides a news update headlined “Judge throws out motion in Safi trial” that begins, “Lancaster County District Judge Jeffre Cheuvront Wednesday said a Boston law professor was not licensed to practice law in Nebraska, and he dismissed her court motion on behalf of a woman at the center of a sexual assault trial.”

Posted at 3:25 PM by Howard Bashman



“Porn actress just liked classmate’s name; The real Syvette Wimberly isn’t too happy about the kind of attention that comes her way”: This article appeared yesterday in The Houston Chronicle. My earlier coverage of this lawsuit appeared at this link.

Update: As WSJ.com’s “Law Blog” notes here, you can access a copy of the petition initiating suit at this link (link destination features somewhat revealing photo), from “The Smoking Gun.”

Posted at 11:28 AM by Howard Bashman



“Disorder in the court: The 9th Circuit is overturned more than any other appeals court; Its size may be a factor.” Law Professor Brian T. Fitzpatrick has this op-ed today in The Los Angeles Times.

Posted at 9:08 AM by Howard Bashman



“Federal Court Skeptical of CIA Bid for Secrecy”: Today in The New York Sun, Josh Gerstein has this article about an oral argument that occurred yesterday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

The page providing access to oral argument audio at the Ninth Circuit’s web site hasn’t yet been updated to add yesterday’s arguments, but when that page is updated I will update this post to add a link to the oral argument audio in this case.

Update: You can download the oral argument audio via this link (6.09MB Windows Media audio file).

Posted at 9:05 AM by Howard Bashman



“Judge who won libel lawsuit faces ethics charges; Commission says he tried to bully Herald”: This article appears today in The Boston Globe.

And The Boston Herald today contains articles headlined “Murphy faces ethics charge: Conduct board accuses judge of behavior unbecoming after libel verdict” and “State hearings against jurists a rarity.”

My most recent earlier coverage of this matter, including a link to the text of the charges and the judge’s initial response thereto, appears at this link.

Posted at 8:57 AM by Howard Bashman



“Woman convicted of perjury seeks a commutation”: The Boston Globe today contains an article that begins, “She has no friends in the White House. She describes herself as a regular, middle-class American who works, pays her taxes, and is devoted to her two young children. But Joanne ‘Jody’ Richardson, 41, of Tyngsborough, has plenty in common with I. Lewis ‘Scooter’ Libby, Vice President Cheney’s former chief of staff.”

Posted at 8:54 AM by Howard Bashman



“Gonzales Knew About Violations, Officials Say”: The Washington Post today contains an article that begins, “Two senior Justice Department officials said yesterday that they kept Attorney General Alberto R. Gonzales apprised of FBI violations of civil liberties and privacy safeguards in recent years.” The newspaper also contains an editorial entitled “Mr. Gonzales’s Inattention: Once again, new information raises questions about statements by the attorney general.”

Posted at 8:47 AM by Howard Bashman



“Former doctor admits scheme with law firm; Indictments may be nearer for two Milberg Weiss heavyweights”: This article appears today in The Los Angeles Times.

Posted at 8:45 AM by Howard Bashman



“Former Bush Aide Will Answer Some Questions”: The New York Times today contains an article that begins, “Sara Taylor, the former White House political director, has agreed to answer some questions as a ‘willing and cooperative private citizen,’ during testimony about the United States attorney firings last year when she appears before the Senate Judiciary Committee later today.” In addition, the newspaper contains an editorial entitled “Overprivileged Executive.”

The Washington Post reports today that “Ex-Aide to Respect Confidentiality Of White House in Hill Testimony.”

And The Los Angeles Times contains an editorial entitled “Privilege has its limits: It would behoove President Bush to compromise with Congress in its U.S. attorneys probe.”

Posted at 8:44 AM by Howard Bashman



“The Terrorists’ Court”: Today in The New York Times, Law Professors Jack L. Goldsmith and Neal Katyal have an op-ed that begins, “Nearly six years after 9/11, the government’s system for detaining terrorists without charge or trial has harmed the reputation of the United States, disrupted alliances, hurt us in the war of ideas with the Islamic world and been viewed skeptically by our own courts. The two of us have been on opposite sides of detention policy debates, but we believe that a bipartisan solution that reflects American values is possible.”

Posted at 8:20 AM by Howard Bashman



“First Amendment Claim in Cockfight Suit”: Adam Liptak has an article in today’s edition of The New York Times that begins, “A company that broadcasts cockfights on the Internet filed suit in federal court in Miami on Tuesday to challenge a largely untested federal law that makes it a crime to sell depictions of animal cruelty.” The article identifies the company’s lawyer as David O. Markus, who also happens to be the author of the “Southern District of Florida Blog.”

The article goes on to report that “[t]he constitutionality of the same law is at issue in a case before the federal appeals court in Philadelphia, in which a Virginia man was sentenced to three years in prison for selling videotapes of dog fights.” My most recent coverage of that appeal can be accessed here.

And in other coverage, The South Florida Sun-Sentinel reports today that “Hollywood company sues for right to webcast cockfights from Puerto Rico.”

Update: I have posted online at this link the complaint initiating suit filed yesterday in the Florida federal district court.

Posted at 8:14 AM by Howard Bashman



“Transferring Up”: Today in The New York Times, Jonathan Kozol has an op-ed that begins, “Last month’s Supreme Court ruling on school integration came as a blow to those who have been watching the gradual dismantling of Brown v. Board of Education with despair. There is, however, some cause for hope.”

Posted at 8:00 AM by Howard Bashman



“Student journalists’ right to expression expanded; ‘Landmark’ Oregon law shields from censorship”: This article appears today in USA Today.

Posted at 7:52 AM by Howard Bashman



“What Proponents of the ‘Rape Exception’ Teach Us About Abortion”: Sherry F. Colb has this essay online today at FindLaw.

Posted at 7:45 AM by Howard Bashman