How Appealing



Saturday, August 20, 2005

Supreme Court of California to issue decisions Monday in same-sex parent cases: On Monday, August 22, 2005, California’s highest court is scheduled to issue opinions in three cases that present the following issues:

Each of these three cases includes one or more of the following issues: (1) May the presumption in Family Code section 7611, subdivision (d) — that a man is a presumed father if he “receives the child into his home and openly holds the child out as his natural child” — be applied to a birth mother’s same-sex partner when both women made the decision to have a child, received the child into their home and held the child out as their own, and agreed to support the child? (2) Under Johnson v. Calvert (1993) 5 Cal.4th 84, can both same-sex partners be considered the legal parents of children conceived as a result of artificial insemination and born during their domestic partnership? (3) Must a woman who donates ova which are fertilized in vitro and implanted in her domestic partner’s womb, resulting in the birth of a child, file an adoption petition in order to be a parent of the child under Johnson v. Calvert?

I’ll be on vacation next week, but the opinions should be available for viewing via this link at 1 p.m. eastern time on Monday.

Posted at 8:55 PM by Howard Bashman



“Memos reveal Roberts’ belief in leaving social change to lawmakers”: Jan Crawford Greenburg will have this article Sunday in The Chicago Tribune.

And The Sunday Business Post of Ireland contains an article headlined “Bush nominee lacks cúpla focail” that begins, “The man who has recently been nominated by US President George W Bush to become a Supreme Court judge may need to brush up on his Gaeilge. Documents released this week revealed that John Roberts does not know his fadas from his fáiltes.”

Posted at 8:50 PM by Howard Bashman



“Hands off our homes: A Supreme Court ruling that allows the government to seize private property has set off a fierce backlash that may yet be as potent as the anti-abortion movement.” The current issue of The Economist contains this article, which consists of a report from nearby (to me) Ardmore, Pennsylvania (via “ProfessorBainbridge.com“).

Posted at 5:30 PM by Howard Bashman



“Judge sides with Starbucks”: The Galveston County Daily News today contains an article that begins, “Despite a federal judge’s decision Friday to prevent him from selling his Star Bock Beer outside of the city, a feisty Galveston bar owner is not giving up on his dream to fill beer mugs for thirsty consumers across Texas. U.S. District Judge Samuel Kent issued his much-anticipated ruling in a trademark infringement dispute between Rex Bell, owner of the Old Quarter Acoustic Cafe, and Starbucks Coffee Company.”

And The Houston Chronicle reports today that “‘Star Bock’ creator gets partial win vs. java giant.”

Posted at 8:04 AM by Howard Bashman



“Vioxx jury awards widow $253 million; Juror says they wanted to get a message across; caps under law will cut amount”: This article appears today in The Houston Chronicle, along with articles headlined “Vioxx jurors talk about verdict; Aggressive marketing played a role, they say, and one number kept coming up” and “Verdict reverberates far beyond Merck.”

The New York Times today contains articles headlined “Jury Calls Merck Liable in Death of Man on Vioxx“; “Working Through a Decision Cut in Shades of Deep Gray“; “Merck Tumbles in Trading, and Further Trouble Awaits“: and “Battered but Unbowed: Can Painkillers Recover?

The Newark Star-Ledger reports that “Vioxx verdict stings Merck; Texas widow wins $253.4M judgment against N.J. drugmaker in husband’s death.”

The Washington Post reports that “Merck Found Liable in Vioxx Case; Texas Jury Awards Widow $253 Million.”

And The Los Angeles Times reports that “Merck Loses Vioxx Case; In the first of 4,000 suits over the withdrawn pain pill, a Texas jury awards a widow $253 million; Experts expect a flood of fresh litigation.”

Posted at 8:00 AM by Howard Bashman



“Abortion Policy: Cruel heartbreak.” The Seattle Post-Intelligencer on Sunday will contain an editorial that begins, “If you’re a pregnant military spouse who decides to terminate a pregnancy, your military health insurance won’t pay for it. It doesn’t matter if the fetus is severely deformed, and that it likely would be stillborn.”

Posted at 7:52 AM by Howard Bashman



“Paint firm seeks ruling on judge in lead case; The Sherwin-Williams Co. wants the state Supreme Court to decide if Superior Court Judge Michael A. Silverstein should continue presiding over its lead-paint lawsuit”: This article appeared yesterday in The Providence (R.I.) Journal. The judge’s alleged conflict? According to the article, he owns a house built before 1978.

Posted at 7:50 AM by Howard Bashman



“Roberts Was Not Strictly Conservative; Reagan papers show the high court nominee had his own view of national I.D. cards and sharply criticized a Christian fundamentalist leader”: David G. Savage and Henry Weinstein have this article today in The Los Angeles Times.

The Washington Post today contains articles headlined “In 1980s, Roberts Criticized The Court He Hopes to Join“; “Roberts’s Hand in Home Rule; Nominee’s Memos Shielded Reagan In D.C. Battle“; “Roberts’s Rules of Decorum: No Hobnobbing With Celebs, and Absolutely No Michael Jackson“; and “If the Senators Laugh, It Was a Joke.”

The Boston Globe reports that “Pressure mounts for Roberts papers; Liberals want data from nominee’s most recent service.”

In The Pittsburgh Post-Gazette, Michael McGough reports that “Liberal groups press for Roberts’ memos.”

The Cox News Service reports that “Democrats Hold Fire, For Now, On Roberts; Some see opposition as waste of political capital.”

The Portland Press Herald reports that “Roberts campaigners barnstorm in Maine.”

And Newsday contains an article headlined “Vivid memories of Shoreham.”

In commentary, The Wall Street Journal recently contained an editorial entitled “Leahy Follows Orders: Ralph Neas says, ‘Jump.’ He asks, ‘How high?’

In The St. Petersburg Times, Bill Adair has an essay entitled “Liberals setting stage for assault on court nominee.”

And in The Charlotte Observer, Tom Ashcraft has an essay entitled “Roberts liberals’ worst fear; He will crack foundation of liberal power on court.”

Posted at 7:30 AM by Howard Bashman