How Appealing

Saturday, September 30, 2006

"Clemens, Others Implicated in Banned Drug Case": The Los Angeles Times on Sunday will contain an article that begins, "Roger Clemens, 44, one of professional baseball's most durable and successful pitchers, is among six players accused by a former teammate of using performance-enhancing drugs, The Times has learned. The names had been blacked out in an affidavit filed in federal court. Others whose identities had been concealed include Clemens' fellow Houston Astros pitcher, Andy Pettitte, and former American League Most Valuable Player Miguel Tejada of the Baltimore Orioles."

And in other baseball news, the quest of the Philadelphia Phillies for a wild card playoff spot has ended unsuccessfully for this season.
Posted at 11:20 PM by Howard Bashman



"Fair and Balanced? A former New York Times ombudsman says Linda Greenhouse's political comments aren't necessarily a bad thing." Newsweek provides this web exclusive report.
Posted at 11:15 PM by Howard Bashman


"Justices to Hear Abortion, Integration Cases; 'Partial-Birth' Procedure and Schools' Race Policies to Dominate Court's Agenda": Charles Lane will have this article Sunday in The Washington Post.
Posted at 11:14 PM by Howard Bashman


"Campaign Cash Mirrors a High Court's Rulings": In Sunday's edition of The New York Times, Adam Liptak and Janet Roberts will have a lengthy article that begins:
In the fall of 2004, Terrence O'Donnell, an affable judge with the placid good looks of a small-market news anchor, was running hard to keep his seat on the Ohio Supreme Court. He was also considering two important class-action lawsuits that had been argued many months before.

In the weeks before the election, Justice O'Donnell's campaign accepted thousands of dollars from the political action committees of three companies that were defendants in the suits. Two of the cases dealt with defective cars, and one involved a toxic substance. Weeks after winning his race, Justice O'Donnell joined majorities that handed the three companies significant victories.

Justice O'Donnell's conduct was unexceptional. In one of the cases, every justice in the 4-to-3 majority had taken money from affiliates of the companies. None of the dissenters had done so, but they had accepted contributions from lawyers for the plaintiffs.

You can also access online two related graphics (here and here);a sidebar written by Liptak headlined "Case Studies: West Virginia and Illinois"; an article explaining "How Information Was Collected"; and a "Response From Ohio Justice Terrence O'Donnell" [PDF document].

Finally, by clicking here, you can watch a short video in which Liptak explains the study and its findings.
Posted at 11:05 PM by Howard Bashman



"4th Circuit nominees wait again; The fates of Boyle and Haynes remain unclear in Senate": The Richmond Times-Dispatch today contains an article that begins, "Two of President Bush's controversial nominations for the Richmond-based appeals court appeared all-but-dead after a Senate panel took no action on them yesterday."

Meanwhile, The Associated Press reports that "Bush nominates 3 to federal bench in North Carolina." Interestingly, William L. Osteen, Jr. yesterday was nominated to replace U.S. District Judge William L. Osteen, Sr., who took senior status earlier this year. No word yet on whether William L. Osteen, III exists and, if so, whether we can count on him to someday hold this same federal district court judgeship. (Thanks to "Confirm Them" for the pointer.)
Posted at 02:20 PM by Howard Bashman



"Officials Plan to Move Quickly for Terrorism Trials in Spring": Neil A. Lewis has this article today in The New York Times.

And The Los Angeles Times today contains articles headlined "Tribunal Bill Sets Up an Ironic Legal Limbo; Detainees deemed less of a threat might go untried yet be unable to challenge detention" and "Detainee Bill Boosts the GOP; Its passage on President Bush's terms renews public focus on an issue that has been a political winner for Republicans since 9/11."
Posted at 02:00 PM by Howard Bashman



"Legislating Violations of the Constitution": Online today at washingtonpost.com, Law Professor Erwin Chemerinsky has an essay that begins, "With little public attention or even notice, the House of Representatives has passed a bill that undermines enforcement of the First Amendment's separation of church and state."
Posted at 01:45 PM by Howard Bashman


"Expert: Man executed may have been awake." Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper.

Today in The San Francisco Chronicle, Bob Egelko reports that "Prisoner possibly conscious at death; Testimony done; ruling possible in November."

In The Los Angeles Times, Henry Weinstein and Maura Dolan report that "Judge Concludes Hearings on Lethal Injection." Also, Colin Dayan has an op-ed entitled "'Cruel and Unusual' Execution Debate; How the 8th Amendment became germane to death penalty law."

And in The San Jose Mercury News, Howard Mintz has an article headlined "One court's ruling; many lives at stake."
Posted at 01:40 PM by Howard Bashman



"A federal appeals court has ordered a new hearing to be held in the contempt case against Greg Anderson, Barry Bonds' weight trainer, who was jailed for a second time last month for refusing to answer questions about the baseball slugger." So begins an article published today in The San Francisco Chronicle My earlier coverage appears here.
Posted at 01:35 PM by Howard Bashman


"Pagans Sue on Emblem for Graves": This article appears today in The New York Times.
Posted at 01:33 PM by Howard Bashman


"Gay couple from R.I. wins Mass. ruling; Superior Court judge says longtime partners can marry": The Boston Globe contains this article today.

The Providence Journal reports today that "Mass. judge says R.I. law doesn't ban gay marriage; While the ruling paves the way for same-sex couples in Rhode Island to marry in Massachusetts, Attorney General Lynch says it doesn't allow for gay marriage in the Ocean State."

The New York Times reports that "Rhode Island Couple Wins Same-Sex Marriage Case."

And The Washington Times reports that "Judge rules R.I. gays can 'marry.'"

You can access yesterday's ruling at this link.
Posted at 01:32 PM by Howard Bashman



"Memo Fueled Deep Rift in Administration on Detainees": This article will appear Sunday in The New York Times.
Posted at 01:10 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Supreme Court Faces Same Divisive Issues" and "Ohio Documents Hours Before Execution."
Posted at 01:04 PM by Howard Bashman


"U.S. terrorism trials face court challenges": James Vicini of Reuters provides this report.
Posted at 01:02 PM by Howard Bashman


"What Supreme Court? Many Americans lack basic Supreme Court knowledge." USNews.com provides this report.
Posted at 09:25 AM by Howard Bashman


The Virginia Law Weekly is reporting: Now available online are articles headlined "SCOTUS Blogger Discusses Supreme Court Practice" and "Leo, Klarman Debate Supreme Court Nominations of Roberts and Alito."

In addition, the blog "TJ's Double Play" offers this post comparing and contrasting the two events.
Posted at 09:24 AM by Howard Bashman



"Professor discusses abortion; He explains upcoming cases on procedure to UR law students": The Richmond Times-Dispatch contains this article today. The professor in question is Erwin Chemerinsky.
Posted at 09:18 AM by Howard Bashman


"Roberts Addresses Judicial Freedom; Political, Judicial Figures Headline Law Center Conference on Courts": This article appeared yesterday in The Georgetown Hoya. My earlier post linking to video from the conference can be accessed here.
Posted at 09:15 AM by Howard Bashman


Bill Mears of CNN's Washington Bureau is reporting: Now available online are articles headlined "Justice Kennedy works on his swing" and "Supreme Court journal: Getting up close and personal."
Posted at 09:10 AM by Howard Bashman


"The U.S. Supreme Court so far has filled half of its 2006-2007 docket with business cases, cutting a wide swath across important legal issues for the corporate world." So begins this report from MarketWatch.
Posted at 09:08 AM by Howard Bashman


Available online from law.com: Tony Mauro reports that "Roberts, Gonzales Speak on Judicial Independence."

And the brand new installment of my "On Appeal" column is headlined "How Many Issues Should You Raise on Appeal? Beware the trap of raising too many issues."
Posted at 09:03 AM by Howard Bashman



Friday, September 29, 2006

"Detainee Bill Shifts Power to President": Scott Shane and Adam Liptak will have this news analysis Saturday in The New York Times.
Posted at 10:30 PM by Howard Bashman


McClatchy Newspapers are reporting: Stephen Henderson has an article headlined "Abortion, race, environment on Supreme Court's agenda."

And an article reports that "Detainee law may not provide total immunity for CIA interrogators."
Posted at 10:25 PM by Howard Bashman



Available online from Georgetown University Law Center: A news release headlined "Fair and Independent Courts: A Conference on the State of the Judiciary" begins, "On September 28, Georgetown University Law Center welcomed retired Justice Sandra Day O'Connor, six sitting Supreme Court justices, and hundreds of other nationally recognized leaders in law, government, business, journalism, academia and the nonprofit sector when it hosted and co-sponsored a unique two-day conference that addressed the independence of the nation's courts."

You can access the conference program, with links to video of various presentations, at this link.

And on Monday of this week, Georgetown Law hosted a program entitled "Georgetown Law Supreme Court Institute Annual Press Briefing" (providing links to video and audio of the briefing).
Posted at 10:22 PM by Howard Bashman



"Military Trials to Affect Few Detainees": The Associated Press provides this report.
Posted at 09:10 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Congress Gives Final OK to Detainee Bill"; "Bill Lets U.S. Citizens Be Held as Enemy Combatants"; and "Mass. Judge: Out-of-State Gay Couple Can Marry" (RealPlayer required).
Posted at 09:05 PM by Howard Bashman


"The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights." Law Professor Lawrence B. Solum has this essay (abstract with link for download) online at SSRN.
Posted at 05:45 PM by Howard Bashman


In contempt of court appeal brought by personal trainer for Barry Bonds, U.S. Court of Appeals for the Ninth Circuit concludes that the factual findings and record are in one respect not adequate for appellate review: You can access yesterday's non-precedential ruling at this link. The Ninth Circuit has remanded the case to the federal district court for additional proceedings to be conducted within one week of yesterday. Yesterday's ruling also rejected five other claims that the personal trainer was making on appeal.

In related coverage, The Associated Press reports that "Court Grants Feds' Request in Bonds Case."

The opening brief for appellant can be accessed at this link. Yesterday's ruling allowed the federal government to file its Brief for Appellee under seal.
Posted at 05:05 PM by Howard Bashman



The PFAW report's "evaluation of judges in light of their supposedly least hospitable decisions strikes me (even as an employee advocate) as reaching for a predestined conclusion. In the interest of balance, let us give some of the same judges credit for their more progressive employment decisions during the same time period studied." At his "Daily Developments in EEO Law" blog, Paul Mollica today has a post responding to the People For the American Way report that I linked to here earlier today.
Posted at 04:11 PM by Howard Bashman


"Scalia Begins Third Decade on Court": The Associated Press provides this report.
Posted at 02:40 PM by Howard Bashman


"Accessories to Torture": This editorial will appear in the October 16, 2006 issue of The Nation.
Posted at 02:35 PM by Howard Bashman


"Michigan judicial nominees clear U.S. Senate committee": The AP provides this report.
Posted at 02:22 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Gonzales Cautions Judges on Interfering" and "Mass. Judge OKs Marriage for R.I. Gays."
Posted at 12:54 PM by Howard Bashman


"Keep 9th Circuit intact": This editorial appeared yesterday in The Register-Guard of Eugene, Oregon.
Posted at 12:15 PM by Howard Bashman


An appellate ruling that Tom Sawyer would surely admire: Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit has ruled, in an opinion you can access here, that the Fair Labor Standards Act requires the City of Aberdeen, South Dakota to pay overtime wages to firefighters who are scheduled to work more hours than the FLSA permits an employee to work without receiving overtime pay and who succeed in persuading other employees to work those overtime shifts on their behalf.

In other words, if Firefighter A is scheduled to work overtime, but persuades Firefighter B to work those extra hours instead, Firefighter A under today's ruling is nevertheless entitled to recover overtime pay from the City of Aberdeen. Today's opinion explains that "When a substitution occurs, the employer pays the scheduled employee and not the substitute; the amount that the substitute receives is fixed by private agreement between the two employees."

Senior Circuit Judge C. Arlen Beam dissents from what he views as an improper whitewashing of the FLSA's plain language.
Posted at 11:33 AM by Howard Bashman



Just how bad are those George W. Bush-appointed appellate judges? PFAW issues an updated report providing its answer to that question: Yesterday, the organization People For the American Way issued a press release entitled "Bush Judges Confirm Opponents' Fears; Report Documents Impact of Bush-Nominated Appeals Court Judges." You can access the newly updated 102-page report, also issued yesterday, at this link.

Readers of this blog may recall that on January 23, 2004, I linked here to PFAW's 33-page preliminary report bearing a similar title.
Posted at 11:10 AM by Howard Bashman



"Court Allows Workers to Sue Carpet Plant": The Associated Press provides a report that begins, "A federal appeals court ruled Thursday that one of the world's largest carpet makers can be sued under racketeering laws over allegations of hiring thousands of illegal immigrants and depressing wages."

My earlier coverage appears at this link. And, for what it's worth, the ruling in question issued on Wednesday.
Posted at 09:30 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Retired Justice O'Connor Champions Judicial Independence" (featuring Nina Totenberg); "Senate Passes Detainee Rights Bill"; and "Detainee Legislation Gives President New Powers." Real Player is required to launch these audio segments.
Posted at 09:23 AM by Howard Bashman


"Supreme Court Justices Reflect on Judicial Independence": Tuesday's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained an interview (transcript with links to audio and video) with Justices Stephen G. Breyer and Sandra Day O'Connor.
Posted at 08:48 AM by Howard Bashman


Not the one who the ABA says is unanimously unqualified to serve on the Fifth Circuit: Liz Smith reports here that "You can see Mike Wallace talking with Supreme Court Justice Ruth Bader Ginsburg on the CBS Sunday Morning show" this upcoming Sunday.
Posted at 08:45 AM by Howard Bashman


"Bob, bob, bobble along; Baseball stars make good bobbleheads, but you can be one, too": This article appeared Wednesday in The Kansas City Star. And thus we are one step closer to solving the mystery of the John G. Roberts, Jr. bobblehead doll.

And early yesterday east coast time, a Justice Antonin Scalia bobblehead doll sold at auction on eBay for $311.00.
Posted at 08:35 AM by Howard Bashman



One year ago today: As The Associated Press notes here, one year ago today John G. Roberts Jr. was sworn in as the 17th Chief Justice of the United States.

Both one year ago today and one year ago tomorrow, this blog provided extensive coverage.

In somewhat related news, Middlebury College this week issued a news release titled "Chief Justice of the United States John G. Roberts Jr. to speak at Middlebury College Oct. 24."
Posted at 08:32 AM by Howard Bashman



"Q & A with Sandra Day O'Connor": Time.com provides this item.

And The Old Gold & Black, the student newspaper of Wake Forest University, reports that "Justice O'Connor speaks at Wait."
Posted at 08:27 AM by Howard Bashman



"Doctor testifies in defense of execution method; Anesthesiologist doubts reports of extended breathing": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The San Jose Mercury News, Howard Mintz reports that "Doctor details execution dilemma."

And in The Sacramento Bee, legal affairs writer Claire Cooper reports that "Consciousness level key in execution hearing."
Posted at 08:22 AM by Howard Bashman



"House Approves Power for Warrantless Wiretaps": The New York Times contains this article today.

And The Los Angeles Times reports today that "House OKs Expanded Wiretap Program; The bill would allow easier monitoring of e-mails and phone records of U.S. citizens during terror probes."
Posted at 08:17 AM by Howard Bashman



"Senate Approves Detainee Bill Backed by Bush; Constitutional Challenges Predicted": This front page article appears today in The Washington Post. The newspaper also contains a news analysis headlined "Many Rights in U.S. Legal System Absent in New Bill." And a related article reports that "Canadian Police Official Apologizes for Mistakes; Errors Led to Torture of Innocent Man."

Today in The Los Angeles Times, David G. Savage and Richard Simon report that "Legal Battle Over Detainee Bill Is Likely; The Senate approves Bush's plan for military tribunals; Limits on terror suspects' options for appeal could lead to a Supreme Court ruling."

The New York Times reports that "Senate Approves Broad New Rules to Try Detainees."

The Chicago Tribune reports that "Tribunal bill OKd by Senate; Bush's legislative victory comes amid concerns."

The Boston Globe reports that "Senate's passage of detainee bill gives Bush a win; Democrats say GOP capitulated."

And The Washington Times reports that "Senate OKs detainees tribunal bill."
Posted at 08:15 AM by Howard Bashman



"High Tech for High Court: The Supreme Court takes an important step in posting same-day transcripts on the Internet." The Los Angeles Times contains this editorial today.
Posted at 08:05 AM by Howard Bashman


"Ashcroft Is Denied Immunity in Case": This article appears today in The Washington Post. My earlier coverage is at this link.
Posted at 07:58 AM by Howard Bashman


"Court Secrecy May Be Reduced; Borden Would Allow Greater Scrutiny": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 07:54 AM by Howard Bashman


"Lawyer in Terror Case Apologizes for Violating Special Prison Rules": The New York Times today contains an article that begins, "Lynne F. Stewart, the once brashly defiant radical defense lawyer who was convicted in a federal terrorism trial last year, has acknowledged in a personal letter to the court that she knowingly violated prison rules and was careless, overemotional and politically naive in her representation of a terrorist client."
Posted at 07:45 AM by Howard Bashman


"Term should indicate new justices' influence; Environment, abortion among high court issues": Joan Biskupic has this article today in USA Today.
Posted at 07:38 AM by Howard Bashman


"Abortion, Race Cases Will Challenge Roberts' Goal of Consensus": law.com's Tony Mauro provides this report.
Posted at 07:35 AM by Howard Bashman


Thursday, September 28, 2006

"SCOTUS Preview": This audio segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here & Now."
Posted at 08:12 PM by Howard Bashman


"Man charged with defamation after boss' suicide; Ex-Jefferson staffer routed private e-mails, officials say": This article appears today in The Milwaukee Journal Sentinel.
Posted at 08:10 PM by Howard Bashman


"Photo Finish: How the Abu Ghraib photos morphed from scandal to law." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:00 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained an audio segment entitled "A Look Ahead at the Supreme Court Docket."

And this evening's broadcast of "All Things Considered" contained audio segments entitled "Senate Votes to Approve Detainee Treatment Bill"; "Details of the Senate's Detainee Bill"; "A New Detainee Bill, and the Fate of Guantanamo"; and "Inmate Questions California's Lethal Injections."

RealPlayer is required to launch these audio segments.
Posted at 07:50 PM by Howard Bashman



"Senate OKs Detainee Interrogation Bill": The Associated Press provides this report.

You can access the official roll call vote tally by clicking here.
Posted at 07:40 PM by Howard Bashman



"Alabama's Justice Parker responds to O'Connor's criticism in WSJ": The Birmingham Business Journal provides this report.

My earlier coverage appears at this link.
Posted at 05:55 PM by Howard Bashman



"Ohio's abortion pill law rejected; Judge: Legislation restricting RU-486 unconstitutional." This article appears today in The Cincinnati Enquirer.

I have posted online at this link yesterday's ruling of the U.S. District Court for the Southern District of Ohio.
Posted at 05:04 PM by Howard Bashman



"Pa. Court Says Father Can Teach Polygamy": The AP provides a report that begins, "A father may teach his young daughter about his religious belief in polygamy despite his ex-wife's objections, the Pennsylvania Supreme Court said Thursday."

Yesterday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a dissenting opinion. The majority opinion begins, "We granted allocatur in this case to consider the extent to which courts can limit parents from advocating religious beliefs that, if acted upon, would constitute criminal conduct."
Posted at 03:44 PM by Howard Bashman



"7-Day Stay Granted in Surveillance Case": The Associated Press provides a report from Detroit that begins, "The federal judge who struck down President Bush's warrantless surveillance program turned aside a government request for an indefinite stay Thursday but said the government could have a week to appeal."
Posted at 03:35 PM by Howard Bashman


"Seventh Circuit Appears Ready to Ground Retired Pilots' Challenge to United Airline's Confirmation Order": "The Bankruptcy Litigation Blog" offers this post about an appellate oral argument that took place on Tuesday.
Posted at 02:55 PM by Howard Bashman


"Prison drugs are at issue; Witness at death penalty hearing accuses San Quentin officials of lax oversight of barbiturates": Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper. Earlier today, I collected additional related news coverage at this link.
Posted at 02:35 PM by Howard Bashman


Ninth Circuit grants rehearing en banc to consider whether RICO claims against Microsoft and Best Buy arising out of the promotion of MSN Internet access service subscriptions at Best Buy stores were properly dismissed: Today's order granting rehearing en banc can be accessed at this link.

It appears that rehearing en banc has been granted before the original three-judge panel assigned to decide the case has issued an opinion. The case was originally argued on November 16, 2005 before a panel consisting of Circuit Judges Stephen Reinhardt, William A. Fletcher, and Jay S. Bybee. You can download the audio of that oral argument via this link (Windows Media format).

Additional background about the case, now pending as a class action in state court, can be accessed here.
Posted at 01:44 PM by Howard Bashman



"Proposed class representatives of Vietnamese bank depositors seek to recover the dollar value of bank deposits made in Saigon, South Vietnam, before April 1975." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Today's ruling affirms the federal district court's dismissal of the case as time-barred.
Posted at 01:35 PM by Howard Bashman


"The Roberts Court: One-Year Out." The Wolfson Center for National Affairs at The New School last night hosted a seminar featuring some leading scholars and journalists who cover the U.S. Supreme Court. You can view archived video of the event by clicking here (RealPlayer required).

Thanks to WSJ.com's "Law Blog" for the pointer.
Posted at 10:50 AM by Howard Bashman



"Two military lawyers assigned to Gitmo defense seek private counsel": Next week's issue of The National Law Journal will contain an article (free access) by Pamela A. MacLean that begins, "Two military lawyers defending Guantanamo Bay detainees have sought their own private lawyers in a looming ethical fight over the right of detainees to self-representation and to refuse appointed counsel."
Posted at 10:44 AM by Howard Bashman


"The dispute in this case involves the collection of information regarding internet protocol (IP) addresses and their linkage to universal resource locators (URLs) that facilitate use of the internet." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, in an opinion written by Circuit Judge Martha Craig Daughtrey, affirmed the dismissal of a putative class action challenge brought against Comcast Cable Communications under the Protection of Subscriber Privacy provision of the Cable Communications Policy Act of 1984.
Posted at 10:38 AM by Howard Bashman


Please hold your applause until all of the appellate attorneys have presented oral argument: The author of the blog "Eminent Domain" has listened to the oral argument audio (available online here in mp3 format) from the Seventh Circuit in the slave reparations lawsuit, and he writes that "My favorite part is halfway through when people in the courtroom start clapping after the plaintiffs' lawyers are finished." The post goes on to describe how the three-judge panel, consisting of Circuit Judges Richard A. Posner, Frank H. Easterbrook, and Daniel A. Manion, reacted to the applause.

My earlier coverage of yesterday's oral argument can be accessed here and here.
Posted at 09:40 AM by Howard Bashman



"Woman charged over 'vile' Web stories": The Pittsburgh Post-Gazette today contains an article that begins, "A Donora woman who federal prosecutors say posted fictional stories online about the rape, torture and murder of children was indicted this week on six charges of distributing obscene materials over the Internet. Unlike typical obscenity cases, though, Karen Fletcher, 54, of Meldon Avenue, is charged with violating the law through simple writing, and not with pictures or movies."

And The Pittsburgh Tribune-Review reports today that "Woman charged in porn case."

At "The Volokh Conspiracy," Eugene Volokh has a post titled "Text as Obscenity."
Posted at 09:35 AM by Howard Bashman



"New U.S. top court term has abortion, race cases": James Vicini of Reuters provides this report.
Posted at 08:30 AM by Howard Bashman


"New day in court for reparations; Plaintiffs appeal ruling in suit seeking pay for slaves' descendants": The Chicago Tribune contains this article today.

And The Chicago Sun-Times reports today that "Court hears appeal of reparations suit; African-American judge recuses self from panel."

My earlier coverage appears at this link.
Posted at 08:25 AM by Howard Bashman



"Detainee Bill Now Goes to Senate; The House measure bars torture but not specific techniques; Approval is expected and appears to be part of the GOP's election strategy": This article appears today in The Los Angeles Times, along with an editorial entitled "Don't Suspend Habeas Corpus: Any bill that denies that basic right to detainees should be rejected" and an op-ed by Law Professor Bruce Ackerman entitled "The White House Warden: Congress may give the president the power to lock up almost anyone he thinks is a terror threat."

The Boston Globe reports today that "Legal residents' rights curbed in detainee bill."

The New York Times reports that "Legislation Advances on Terrorism Trials." And an editorial is entitled "Rushing Off a Cliff."

The Washington Post contains a front page article headlined "House Approves Bill on Detainees; 253 to 168 Vote Backs Bush on Prosecution Of Terrorism Suspects."

The Washington Times reports that "House approves Bush proposal on tribunals for Gitmo suspects."

USA Today reports that "Rules for terror detainees near final passage; House sends bill on interrogations, trials to Senate."

And The Hartford Courant reports that "Terror Trial Rules Advance; Bill Creates System To Deal With Detainees."
Posted at 08:20 AM by Howard Bashman



"In court, blogs can come back to dog the writers; Use as evidence increases": The Boston Globe contains this article today.
Posted at 08:10 AM by Howard Bashman


"Bag on Lawn Leads to Evacuation; Federal Courthouse Emptied While Building Is Searched": This article appears today in The Washington Post.
Posted at 08:05 AM by Howard Bashman


"State's 'No Child' Lawsuit Still Alive; A Federal Judge Dismisses 3 Of Connecticut's 4 Complaints Against The Law's Cost, But Leaves Room For The Case To Proceed": The Hartford Courant contains this article today.

And The New York Times reports today that "Connecticut Lawsuit Is Cut Back."

My earlier coverage appears at this link.
Posted at 07:55 AM by Howard Bashman



"As Bonds Finishes Play, Grand Jury Is at Work": This article appears today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"Sedation May Fail in California Executions, Doctor Testifies; Anesthesiologist testifies that state has flawed lethal injection procedures, poorly trained employees": Maura Dolan and Henry Weinstein have this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Doctor describes chaotic handling of executions; Anesthesiologist testifies that methods used on San Quentin's Death Row aren't conducive to prisoner's pain-free death."

And in The San Jose Mercury News, Howard Mintz reports that "Witness assails state's methods of lethal injection."
Posted at 07:40 AM by Howard Bashman



"The New Supreme Court Term: Justice Kennedy's Pivotal Role in Abortion and Race Cases." Edward Lazarus has this essay online today at FindLaw.
Posted at 06:44 AM by Howard Bashman


Wednesday, September 27, 2006

Available online from law.com: An article reports that "Discrimination Case Opens Door to Internet ADA Claims; Judge's ruling moves case forward against Target Corp." My earlier coverage is here.

And in other news, "2nd Circuit Rejects Malpractice Suit Against Plaintiffs Firms."
Posted at 10:24 PM by Howard Bashman



"Justices to hear bond case; U.S. Supreme Court agrees to rule on Guam borrowing": This article appears in Thursday's edition of The Pacific Daily News of Guam.
Posted at 09:45 PM by Howard Bashman


"Judge Rejects Ashcroft's Immunity Claim": The Associated Press provides a report that begins, "Former U.S. Attorney General John Ashcroft could be called to testify in a lawsuit that claims a student was wrongly imprisoned in a computer terrorism case, a federal judge ruled Wednesday."

I have posted online at this link today's ruling of the U.S. District Court for the District of Idaho.
Posted at 09:40 PM by Howard Bashman



"Lesbian asks court to grant status as boy's third parent; Case could grant London woman's partner the same rights as child's biological father": This article appears today in The Toronto Globe and Mail.
Posted at 09:30 PM by Howard Bashman


"The Blind Leading the Willing: A compromise between those who don't care and those who don't want to know." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:24 PM by Howard Bashman


"Judges in blackmail case face dismissal": Thursday's edition of The Times of London contains an article that begins, "Two immigration judges were facing the prospect of dismissal last night after a lurid blackmail trial exposed their love triangle with a Brazilian cleaner who worked illegally for both of them." Thursday's newspaper also contains articles headlined "The judge, the other judge, their cleaner and her hitman husband; The pair's sexual shenanigans are unlikely to prompt an inquiry, but some judges think the judiciary has been tainted"; "Revelations that destroyed two legal reputations"; and "She started by marrying a serial killer."

BBC News reports that "Cleaner found guilty of blackmail; A cleaner has been convicted of blackmailing a female judge and stealing intimate videos from her male colleague."

Thursday's edition of The Guardian (UK) contains articles headlined "Guilty: the cleaner, the thief, the blackmailer and the lover" and "Sex, drugs and videotape: flammable mix that provided ammunition for blackmail; Immigration judges' cleaner in UK illegally; Husband is serving jail sentence for murder."

Thursday's edition of The Independent (UK) contains an article headlined "Sex, lies, and the stolen videotapes that sent a cleaner to jail."

And The Telegraph (UK) on Thursday contains an editorial headlined "Missing identities make a mockery of the law" that begins, "It was a case that had everything -- two judges who were lovers allegedly being blackmailed by a sultry Brazilian who became the mistress of one of them, spiced up (as if further spice were needed) with claims of drug-taking, sex videos and talk of a hired killer. What a heady mix."
Posted at 08:05 PM by Howard Bashman



"Pa. Woman Indicted on Obscenity Charges": The AP provides a report that begins, "A woman who authorities say ran a Web site that published graphic fictional tales about the torture and sexual abuse of children has been indicted on federal obscenity charges."
Posted at 07:54 PM by Howard Bashman


"Slave Descendants Try to Revive Lawsuit": The Associated Press provides a report that begins, "Lawyers for slave descendants asked a federal appeals court Wednesday to a revive a landmark reparations case that demands 17 of the nation's insurers and banks publicize and pay for their roles in the country's slave trade."

The case was argued today before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit consisting of Circuit Judges Richard A. Posner, Frank H. Easterbrook, and Daniel A. Manion. You can download the oral argument audio by clicking here (mp3 format). And you can access the briefs and appendices filed in the case via this link.
Posted at 07:45 PM by Howard Bashman



"Legislating Supreme Court TV": Bruce Peabody will have this op-ed Thursday in The Christian Science Monitor.

My earlier law.com essay on this topic was headlined "Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?"
Posted at 07:33 PM by Howard Bashman



Religious protesters opposed to removal of Ten Commandments monuments lose court challenge to U.S Marshals Service's limitation on demonstrations at Washington, DC "Red Mass" ceremony for judges: U.S. District Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia issued this decision today.
Posted at 05:12 PM by Howard Bashman


Federal district court dismisses all but one claim asserted in the State of Connecticut's lawsuit challenging the federal No Child Left Behind Act as an unlawful unfunded mandate that costs more than the State received in federal aid: You can access today's ruling by U.S. District Judge Mark R. Kravitz at this link.

The Connecticut Attorney General's web site provides access to additional documents filed in the case.
Posted at 04:48 PM by Howard Bashman



"1 First Amendment case on Court docket": Tony Mauro has this essay online at the First Amendment Center. Next up, the Second Amendment Center will complain that there are zero Second Amendment cases on the U.S. Supreme Court's docket.
Posted at 04:38 PM by Howard Bashman


"Detainee Bill in Final Stages; White House Appears to Be Winning Wide Legal Latitude": The Washington Post today contains this article, along with an article headlined "No Compromise On Wiretap Bill; Focus Now on House Version." In addition, the newspaper contains an editorial entitled "Rush to Error: Congress should not allow itself to be pushed into approving a flawed plan for holding terrorist suspects," while William H. Taft IV has an op-ed entitled "Accounting for the Detainees."

And The New York Times reports today that "Deal Likely on Detainees but Not on Wiretapping."
Posted at 04:35 PM by Howard Bashman



"Wacky Tobacco Lawsuit: The class-action suit alleges that smokers were duped by 'light' cigarette marketing." This editorial appears today in The Los Angeles Times.
Posted at 04:30 PM by Howard Bashman


"Abortion Vote in House May Be Too Late to Boost GOP; The Senate may not act on the consent measure, sought by conservatives, before the fall election": The Los Angeles Times today contains an article that begins, "Scrambling to pass anti-abortion legislation before they recess for fall congressional elections, House Republicans on Tuesday won passage of a bill that would make it a federal crime to evade one state's parental consent laws by taking a minor to another state for an abortion."
Posted at 04:10 PM by Howard Bashman


"House Passes Measure on Religion Suits": The Washington Post today contains an article that begins, "The House passed a bill yesterday that would bar judges from awarding legal fees to the American Civil Liberties Union and similar groups that sue municipalities for violating the Constitution's ban on government establishment of religion."
Posted at 04:05 PM by Howard Bashman


"Blogging the Hand That Feeds You": The New York Times contains this article today.
Posted at 04:00 PM by Howard Bashman


"Texas Case Involving Marital Counseling Is Latest to Test Line Between Church and State": This article about a case argued yesterday before the Supreme Court of Texas appears today in The New York Times.

The Austin American-Statesman reports today that "Lawyers argue over pastor's role; Texas Supreme Court to decide whether lower court can hear case against pastor."

And The Fort Worth Star-Telegram reports that "Justices hear arguments in suit against pastor."

Via the Supreme Court of Texas' web site, you can access online the docket entries, the briefs filed in the case, and the oral argument audio (mp3 format).
Posted at 03:50 PM by Howard Bashman



"Kerkorian Appeals Ruling Backing Daimler-Chrysler Merger": The New York Times contains this article today. I observed this oral argument yesterday before the U.S. Court of Appeals for the Third Circuit (this case was argued first; my client's appeal was third on the argument list), and I am predicting affirmance in the main appeal, although on the cross-appeal the $550,000 fine for the late submission of significant documents will likely be reversed.
Posted at 03:40 PM by Howard Bashman


"How a Reviled Court System Has Outlasted Critics": This article appears today in The New York Times.
Posted at 03:28 PM by Howard Bashman


Three generations of mistrials are enough? The New York Times provides a news update headlined "Judge Declares 3rd Mistrial in Gotti Case." You can also access online that newspaper's coverage of the first and second mistrials.
Posted at 03:25 PM by Howard Bashman


On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Eleventh Circuit issues its ruling in Williams v. Mohawk Industries, Inc.: You can access today's ruling at this link.

Once upon a time (see here and here), this case was viewed as an important vehicle for further refinement of the Supreme Court's RICO jurisprudence. And then, all of the sudden, it wasn't.
Posted at 03:14 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Hurdles Cleared for Detainee Legislation" and "Kan. AG Alarms Abortion-Rights Groups."
Posted at 03:00 PM by Howard Bashman


"Washington Courthouse to Reopen": The Associated Press provides a report that begins, "A federal courthouse within sight of the Capitol was set to reopen early Wednesday afternoon after authorities determined that an abandoned suitcase at the building entrance did not contain a bomb."
Posted at 12:15 PM by Howard Bashman


"The Threat to Judicial Independence": Today in The Wall Street Journal, Justice Sandra Day O'Connor has an op-ed (pass-through link) in which she writes that "the breadth and intensity of rage currently being leveled at the judiciary may be unmatched in American history."
Posted at 12:14 PM by Howard Bashman


Perhaps the appellant still qualified for non-meaningful appellate review? One talent that an appellate lawyer is supposed to have is the ability to phrase issues on appeal in a manner that requires those issues to be resolved in favor of the client.

More problematic, perhaps, is when a court of last resort, in granting discretionary appellate review, frames the issue in a case in a manner where the issue can only be resolved one way. In such an instance, what's the use of hearing argument on the matter?

What brings these thoughts to mind is the Pennsylvania Supreme Court's phrasing of its own question presented in an order granting review issued last Thursday. The order presents the following question for resolution:

Did Appellant waive her right to appellate review by raising a quantity of issues sufficient to impair meaningful appellate review?
I guess the question as phrased allows the party opposing waiver to contend that just because the quantity of issues raised was sufficient to impair meaningful appellate review does not mean that the quantity necessarily succeeded in impairing meaningful appellate review. Perhaps the party opposing waiver could argue that it nevertheless retained an ability to receive non-meaningful appellate review, instead of no appellate review whatsoever. Or, consider the related argument that the mere impairment of appellate review is no reason to preclude it entirely.

I wrote about this general subject in the January 2005 installment of my monthly "Upon Further Review" column published in The Legal Intelligencer under the headline "Attempting To Preserve 104 Issues For Appeal Results In The Preservation Of None."
Posted at 11:50 AM by Howard Bashman



"ABA, White House at Odds over Judicial Nominee": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

And today in The Houston Chronicle, columnist Cragg Hines has an op-ed entitled "Super-bad Bush nominees get a needless day in court."
Posted at 11:35 AM by Howard Bashman



"Justices to clarify deportation rules; Court's decision will help determine what crimes are enough to expel legal immigrants": Patty Reinert has this article today in The Houston Chronicle.
Posted at 11:28 AM by Howard Bashman


"Del. judge gets Senate panel's OK; Jordan clears hurdle toward lifetime appointment to 3rd Circuit Court of Appeals": This article appears today in The News Journal of Wilmington, Delaware.

And The Herald-Sun of Durham, North Carolina reports today that "Quorum lacking for N.C. judicial nominee."
Posted at 07:50 AM by Howard Bashman



"Abortion, Race Cases Test Roberts, Alito Adherence to Precedent": Greg Stohr of Bloomberg News provides this report.
Posted at 07:45 AM by Howard Bashman


"Judicial nominee defends himself before Senate panel; Jackson lawyer one of several controversial figures being considered": The Clarion-Ledger of Jackson, Mississippi contains this article today.
Posted at 07:44 AM by Howard Bashman


"Soros favors curbs on judges' travels": This article appears today in The Washington Times.
Posted at 07:42 AM by Howard Bashman


"Some suffering permissible during execution, judge says": Howard Mintz has this article today in The San Jose Mercury News.

Today in The San Francisco Chronicle, Bob Egelko reports that "Execution method not good enough for a dog, experts say."

In The Los Angeles Times, Henry Weinstein and Maura Dolan have an article headlined "Sparring Over Lethal Injection in California; At a hearing on how California inmates are executed, an expert says they might awaken during the process and die painfully."

And in The Sacramento Bee, Claire Cooper reports that "Experts testify on drugs for execution."
Posted at 07:40 AM by Howard Bashman



"Seeking Judicial Control; Panel Urged To Switch Rule-Making Power To Legislature": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Speakers at a public hearing before the Governor's Commission on Judicial Reform Tuesday overwhelmingly urged members to recommend a constitutional amendment to strip the judicial branch of its rule-making authority and vest it in the legislature instead."
Posted at 07:35 AM by Howard Bashman


"Justices to Hear Case on Use of Union Fees": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Justices to Decide on Use Of Union Fees for Politics."

And in The Los Angeles Times, David G. Savage reports that "High Court Takes Deportation Case; It will decide whether auto theft is a felony that warrants expelling an immigrant in California."
Posted at 06:50 AM by Howard Bashman



Tuesday, September 26, 2006

Linda Greenhouse makes controversial public remarks in speech accepting an award at Radcliffe in June 2006, and National Public Radio attempts to make a big deal of it now: This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Critics Question Reporter's Airing of Personal Views" (RealPlayer required).

You can access the text of Greenhouse's remarks at this link. You can view video of Greenhouse's remarks by clicking here (RealPlayer required; the remarks begin 27 minutes into video segment). And NPR has posted online audio of Greenhouse's remarks at this link (RealPlayer required).

On June 8, 2006, Radcliffe issued a press release entitled "Linda Greenhouse ’68 Wins 2006 Radcliffe Institute Medal; New York Times Correspondent to Be Honored June 9 at Radcliffe Day Luncheon." And the June 15, 2006 issue of the Harvard Gazette contained an article headlined "Greenhouse sings the blues; Radcliffe medalist decries lack of activism."
Posted at 08:58 PM by Howard Bashman



"Part of Bush's Anti-Terror Plan Stalled": The Associated Press provides this report.
Posted at 08:27 PM by Howard Bashman


"Doctor's call-up by Army is halted; She opposes war, seeks discharge": The Boston Globe contains this article today.
Posted at 08:20 PM by Howard Bashman


"A last hurdle for bill on detainees: access to US court; Votes are expected by week's end on trials for war-on-terror suspects." This article will appear Wednesday in The Christian Science Monitor.
Posted at 06:05 PM by Howard Bashman


Fifth Circuit nominee Michael B. Wallace has just concluded his testimony before the Senate Judiciary Committee: Still to come on the agenda, the testimony of the critics and supporters of Fifth Circuit nominee Michael B. Wallace. You can view the hearing live, online by clicking here (RealPlayer required).
Posted at 05:30 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Day to Day" contained an audio segment entitled "Court to Tackle Tough Cases in New Session" featuring Dahlia Lithwick.

And today's broadcast of "Morning Edition" contained an audio segment entitled "Security Bills Eyed Ahead of Campaign Break."

RealPlayer is required to launch these audio segments.
Posted at 05:25 PM by Howard Bashman



"Forget Nuremberg: How Bush's new torture bill eviscerates the promise of Nuremberg." Law Professor David J. Luban has this jurisprudence essay online at Slate.
Posted at 05:20 PM by Howard Bashman


"Children's Hearsay Statements and Probable Cause": Juan Non-Volokh has this post today at "The Volokh Conspiracy" concerning an interesting decision that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 05:12 PM by Howard Bashman


Today's Third Circuit oral argument: Just wanted to write a quick note about today's oral argument, which I thought went well. Today was my first appearance before Circuit Judge Michael A. Chagares, whose tenure on the Third Circuit began in April of this year. I was impressed with his understanding of my case and his pleasant demeanor. I think he will do a fine job replacing one of my favorite former Third Circuit judges, Michael Chertoff.

Circuit Judge Marjorie O. Rendell, who presided over today's oral arguments, seemed to have a better grasp of the record in most of today's cases than the lawyers who were arguing the cases. This is especially impressive, because Judge Rendell in her spare time serves as First Lady of Pennsylvania.

And, for reasons that a simple Westlaw search will reveal, I am always glad to see Senior Judge Jane R. Roth on my Third Circuit panel.

I was very pleased to see that the Third Circuit's main oral argument courtroom, the Albert Branson Maris Courtroom, now is home to the portrait of the judge for whom I clerked. It also appears that you no longer need to be a deceased Third Circuit judge to have your portrait on the walls of one of its courtrooms, as the Maris Courtroom now includes the portrait of one of the Third Circuit's female judges.

The final case argued today looks quite interesting, but because my case was argued second to last, I did not get a chance to stay for that oral argument.

Finally, let me thank my client's trial counsel who so kindly provided me after the argument with a six-pack of Czechvar, the beer known throughout most of the world as Budweiser Budvar Czech Premium Lager. The gift was in commemoration of this blog's sporadic coverage of the ongoing USA Budweiser vs. Czech Budweiser trademark dispute.

Update: A reader who works in the Third Circuit's library emails to advise that the portrait of the female judge on display in the Maris Courtroom is of Third Circuit Judge Carol Los Mansmann, who died in 2002.
Posted at 04:58 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "House Won't Open Courts in Land Cases"; "Judge to Weigh Evidence in CIA Leak Case"; and "Courtroom Interpreters in Short Supply."
Posted at 03:58 PM by Howard Bashman


"More Details of Wone Investigation": Legal Times provides a news update (free access) that begins, "Police have seized computers and other electronics from the Dupont Circle home in Northwest Washington where lawyer Robert Wone was stabbed to death Aug. 2, according to an affidavit in a search warrant for the house that was recently made public."
Posted at 03:55 PM by Howard Bashman


Today's U.S. Supreme Court Order List: You can access the Order List at this link. The Court today granted review in nine cases.

At "SCOTUSblog," Lyle Denniston reports that "Court grants nine cases."

The Associated Press provides reports headlined "High Court to Hear Case About Union Dues"; "Justices to Weigh Deportation Authority"; "Court Accepts Ariz. Death Penalty Appeal"; and "Court to Hear Credit Notification Appeal."

Reuters provides reports headlined "US court to hear appeal by insurers on credit law" and "Top court to decide death penalty lawyer case."
Posted at 03:50 PM by Howard Bashman



This afternoon's Senate Judiciary Committee confirmation hearing for two quite controversial nominees is now underway: You can watch the hearing, live online, by clicking here (RealPlayer required). The hearing began just twelve minutes ago and the nominees are now being introduced. My earlier coverage of this afternoon's hearing can be accessed via this link.
Posted at 03:42 PM by Howard Bashman


Perhaps not the best day to be named "The Paris Hilton of the Federal Judiciary": Today, David Lat has this post at his new blog, "Above the Law," identifying the "winner" of that title.

Also today, The Associated Press reports that "Paris Hilton Charged With DUI in Calif."
Posted at 03:40 PM by Howard Bashman



Programming note: I'll be presenting oral argument today to a three-judge panel of the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here this afternoon.

As noted in this post at "SCOTUSblog," the Supreme Court of the United States could issue an Order List today announcing grants of review from the Court's "long conference." If that in fact occurs today, "SCOTUSblog" undoubtedly will provide prompt coverage. Once the Court posts the Order List online, you can access that document via this link (or, perhaps, directly by clicking here).
Posted at 07:55 AM by Howard Bashman



"O'Connor 'Conversation' is Candid, Inspiring": Wake Forest University School of Law issued this news release yesterday.
Posted at 07:48 AM by Howard Bashman


"Video Maker Pleads Guilty; The case stems from the use of underage girls in soft-core 'Girls Gone Wild' footage; The judge imposes a $500,000 fine": This article appears today in The Los Angeles Times.
Posted at 07:47 AM by Howard Bashman


"U.S. Judge to Open Rigorous Review of Lethal Injection; Federal judge will open four days of hearings focusing on a killer's claim that lethal injection is cruel and unusual punishment": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 07:44 AM by Howard Bashman


"Judges React To Court Access Proposals": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 07:35 AM by Howard Bashman


"Judge rules up to 50M can sue in tobacco case; Class-action status granted to suit over ‘light' smokes": USA Today contains this article today.

And The New York Sun today contains an editorial entitled "Blowing Smoke."
Posted at 06:48 AM by Howard Bashman



"Detainee Measure to Have Fewer Restrictions; White House Reaches Accord With Lawmakers": This front page article appears today in The Washington Post. The newspaper also contains an editorial entitled "A Case for Appeal: Abuse of foreign detainees cannot be checked if courts are denied supervision."

The New York Times today contains articles headlined "G.O.P. Reaches Tentative Deal on Domestic Spying Legislation" and "Security and War Take Center Stage as Campaign Break Nears."

The Los Angeles Times contains articles headlined "Wiretap, Tribunal Bills Get Senatorial Shuffle; Specter wants to amend detainee legislation. Three in the GOP get on board for wiretapping" and "Guantanamo's Uneasy Ramadan; Tensions and religious teaching mix at prison, as a court challenge calls for Muslim chaplains."

USA Today reports that "Deal on terror suspects hits new snag; Provision on access to courts criticized." And DeWayne Wickham has an op-ed entitled "Two terror cases expose Bush's double standard."
Posted at 06:45 AM by Howard Bashman



"Lynne Stewart Eavesdropping Request Revisited": The New York Sun today contains an article that begins, "A lawyer for the federal government told a federal judge yesterday that attorney Lynne Stewart, who faces prison time for aiding a terrorist whom she represented, does not have 'a need to know' whether the government eavesdropped on her without a warrant."
Posted at 06:40 AM by Howard Bashman


Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Written ruling reiterates plan to jail reporters; Law requires they reveal confidential source, judge says" (I have posted online a copy of the ruling at this link) and "Judge debating state execution procedure respected by lawyers."
Posted at 06:33 AM by Howard Bashman


"J.P. Morgan & Co. Sued for Profiting From Slavery": Dow Jones Newswires provide a report that begins, "J.P. Morgan Chase & Co. and Bank of America Corp. are among 18 corporate defendants named in a slave-reparations case to be heard tomorrow in the Seventh Circuit Court of Appeals in Chicago."
Posted at 06:30 AM by Howard Bashman


"Censored Affidavit Issued in National Security Case": The New York Times contains this article today.
Posted at 06:27 AM by Howard Bashman


"Delivering Small-Town Justice With a Mix of Trial and Error": This article appears today in The New York Times.
Posted at 06:23 AM by Howard Bashman


In commentary available online from FindLaw: Joanne Mariner has an essay entitled "Gagging the Detainees."

And Aziz Huq has an essay entitled "How The Military Commissions Act of 2006 Threatens Judicial Independence: Attempting to Keep the Courts Out of the Business of Geneva Conventions Enforcement."
Posted at 06:18 AM by Howard Bashman



Monday, September 25, 2006

"Wiretap Bill Moves Closer to Passage; After Changes, Senate Holdouts Pledge Support": The Washington Post on Tuesday will contain this article.

And McClatchy Newspapers report that "Specter and Congress will finish interrogation, surveillance, immigration work."
Posted at 11:30 PM by Howard Bashman



"Tobacco Makers Lose Key Ruling on Latest Suits": This article will appear Tuesday in The New York Times.
Posted at 11:27 PM by Howard Bashman


Available online at law.com: Tony Mauro reports that "Roberts and Alito Stay in the Cert Pool."

And in other news, "Federal Judge Certifies $200 Billion Light Cigarette Class Action."
Posted at 11:22 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Senate Judiciary Panel Looks at Detainee Deal"; "Long-Awaited Detainee Deal Short on Details"; "Judges Show Skepticism in Federal Gov't Cases"; "Judge OKs Class-Action Suit by 'Light' Smokers"; and "The Judge in the Light Tobacco Case."

RealPlayer is required to launch these audio segments.
Posted at 08:40 PM by Howard Bashman



"Lawyer for Detainees Speaks on Suicides": The Associated Press provides a report that begins, "An attorney who represents several Guantanamo Bay detainees said the U.S. military is attempting to falsely link him to the suicides of three prisoners at the U.S. base to deflect blame for its own actions."
Posted at 08:25 PM by Howard Bashman


According to the ABA, he's totally unqualified, while she's only largely unqualified: The witness list for tomorrow's Senate Judiciary Committee confirmation hearing can now be accessed online at this link. Both nominees who will be the subject of tomorrow's hearing are controversial (see my earlier coverage here and here).
Posted at 05:40 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Detainee Legislation Deal Draws Protests" and "3 AOL Subscribers Sue Over Data Release."
Posted at 05:30 PM by Howard Bashman


"A Texas-Sized Standoff Over Sex Toys; In the wake of Lawrence ruling, Supreme Court to determine whether to take up state ban on adult aids": Tom Goldstein has this "Conference Call" essay (subscription required) in today's issue of Legal Times.

"SCOTUSblog" has posted a copy of the cert. petition at this link. The questions presented contain only two dildos.
Posted at 05:20 PM by Howard Bashman



"Justice Alito's First Year": From this past Saturday's broadcast of C-SPAN's "America & the Courts," "Supreme Court Justice Samuel Alito talks about his first year on the Court and his time working in the Reagan administration at the Ronald Reagan Presidential Library in Simi Valley, CA. Following Justice Alito, U.S. District Judge Joan Lefkow talks about judicial independence and congressional challenges to judicial authority." You can view the broadcast online, on-demand, by clicking here (RealPlayer required).
Posted at 04:40 PM by Howard Bashman


"Questions Linger over Detainee Compromise": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:35 PM by Howard Bashman


"Pa. Supreme Court Rejects Opportunity To Relax Its Harsh Appellate Waiver Jurisprudence": That was the title of the February 2006 installment of my "Upon Further Review" column published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

Toward the conclusion of that essay, I wrote: "The Pa. Supreme Court's recent rulings in Castillo and Schofield demonstrate the urgent need for two amendments to the Pennsylvania Rules of Appellate Procedure." I am pleased to report that Pennsylvania's Appellate Court Procedural Rules Committee last week published for comment a proposed amended version of Pennsylvania Rule of Appellate Procedure 1925 reflecting, among other changes, the very two amendments I advocated in my February 2006 essay.

And in case anyone doubts which State has the most overburdened appellate judges, the Committee Report accompanying the proposed amendment to Pa. R. App. P. 1925 states, "While other jurisdictions do not require trial court opinions, because Pennsylvania's appellate courts lead the nation in the number of appeals relative to the number of judges, the preparation of trial court opinions is deemed necessary to assist the appellate process."
Posted at 04:05 PM by Howard Bashman



"Polygamy case in court; Trio asks 10th Circuit to overturn longtime Utah ban on the practice": The Deseret Morning News today contains an article that begins, "The 10th U.S. Circuit Court of Appeals in Denver today will take up the case of three people suing for the right to become husband and wife -- and wife."
Posted at 02:23 PM by Howard Bashman


"Keep 9th Circuit Court of Appeals as one circuit": This editorial appeared yesterday in The Honolulu Star-Bulletin.
Posted at 02:11 PM by Howard Bashman


"New Report Details Shortcomings and Disturbing Background of 'Unqualified' Nominee Michael Wallace": The organizations People For the American Way and Alliance for Justice issued this press release today announcing the availability of this 37-page report.
Posted at 12:05 PM by Howard Bashman


American Bar Association retains unanimously "not qualified" rating for Fifth Circuit nominee Michael B. Wallace: The result of whatever reevaluation the ABA conducted due to President Bush's recent renomination of Wallace can be ascertained at this link.

At National Review Online's "Bench Memos" blog, Ed Whelan writes that the Senate Judiciary Committee will hold a confirmation hearing for Wallace at 3:30 p.m. tomorrow.

And yesterday, The Clarion-Ledger of Jackson, Mississippi published op-eds voicing opinions "pro" and "con" on the issue "Should Mike Wallace be confirmed to the 5th Circuit?"
Posted at 11:22 AM by Howard Bashman



Appellant's meritless motion to strike portions of the Brief for Appellee causes Seventh Circuit motions judge to deduct deduct twice the length of the motion from the permissible length of the Reply Brief for Appellant: Circuit Judge Frank H. Easterbrook issued this in chambers opinion today.
Posted at 11:14 AM by Howard Bashman


"Judge Allows Class Action Tobacco Suit": The Associated Press provides a report that begins, "A federal judge on Monday granted class action status to tens of millions of 'light cigarette' smokers for a potential $200 billion lawsuit against cigarette makers."

You can access today's ruling by Senior U.S. District Judge Jack B. Weinstein at this link (540-page PDF file).
Posted at 10:58 AM by Howard Bashman



"Hamdan and the Sunset of Sovereignty: The ill-conceived torture debate could open Pandora's box." Andrew C. McCarthy has this essay today at National Review Online.
Posted at 10:20 AM by Howard Bashman


"Critics Ready for New Detainee Treatment Bill": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

And at "SCOTUSblog," Lyle Denniston has a related post titled "Constitutional issues, post-Hamdan."
Posted at 10:15 AM by Howard Bashman



"Supreme Court ruling doesn't hold water": Hiroaki Sato has this essay about Rapanos v. United States in today's issue of The Japan Times.
Posted at 08:37 AM by Howard Bashman


"Familiar Battles: The new Supreme Court term will focus on issues that have bitterly divided the nation for many years." This article appears in the October 2, 2006 issue of U.S. News & World Report.
Posted at 08:35 AM by Howard Bashman


"Pa. Supreme Court Guilty of Political, but Not Judicial, Ineptitude; Justices ruled correctly on judicial pay raises": The brand new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 08:33 AM by Howard Bashman


"McCain Names Practices Detainee Bill Would Bar; Senator Says 3 Interrogation Methods Are Among the 'Extreme Measures' the Plan Would Outlaw": This article appears today in The Washington Post.

The New York Times reports today that "Torture Victim Had No Terror Link, Canada Told U.S."

USA Today contains an editorial entitled "Republicans heal rift, but deal on detainees falls short; As Bush, Congress rush to act, agreement smacks of a quick fix." And James S. Robbins has an op-ed entitled "Habeas corpus not needed; We didn't try prisoners during WWII; Why should we start now?"

The Wall Street Journal on Saturday contained an editorial entitled "An Antiterror Victory: The agreement on interrogations is a big favor for future Presidents."

And today in The Washington Times, Nat Hentoff has an op-ed entitled "A government of laws."
Posted at 08:30 AM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Abortion, Race Cases on High Court's Agenda."

In The National Law Journal, Mark I. Levy has an appellate-related essay entitled "Effective Briefs."

And in that same publication, John Greabe has an essay entitled "Judicial Opinion Writing: Teach it in law school."
Posted at 08:25 AM by Howard Bashman



"FBI Is Casting A Wider Net in Anthrax Attacks": The Washington Post contains this front page article today.
Posted at 08:17 AM by Howard Bashman


"Divorcing gay couples create new legal issues; Alimony, property questions have even lawyers confused": This article appears today in The San Francisco Chronicle, along with an article headlined "Same-sex marriage foes say divorces prove their point."
Posted at 08:12 AM by Howard Bashman


"State's execution method on trial; Judge to decide if injection is constitutional -- may order changes in procedure, training": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The San Jose Mercury News, Howard Mintz reports that "Death penalty goes on trial; California judge to review legality of lethal injection."
Posted at 08:10 AM by Howard Bashman



"Progress on Judicial Ethics: The judiciary takes steps in the right direction -- but not far enough." This editorial appears today in The Washington Post.
Posted at 08:02 AM by Howard Bashman


"House-Senate Disagreement Could Halt Defense Bill": The Washington Post today contains an article that begins, "House Speaker J. Dennis Hastert (R-Ill.) -- in a showdown with Senate Republicans -- has vowed he will not bring a major defense policy bill to the chamber floor this week unless Senate negotiators add a federal court security bill and a controversial House anti-illegal-immigration measure, senior House leadership aides say."

The article goes on to report that "The court measure has bipartisan support and is being pushed by Hastert and Sen. Richard J. Durbin (Ill.), the Senate Democratic leadership's second in command. It authorizes additional funding for U.S. marshals to protect the judiciary, increases penalties for crimes against federal judges, bolsters protections for jurors, and funds security enhancements at state courthouses. Those provisions were included in the Senate's version of the defense policy bill at Democrats' insistence. But support for the measure has begun to fray after House members added a provision that would allow judges to carry concealed weapons."

And in other coverage, The Chicago Tribune reports today that "D.C. dispute puts security push on hold; How to protect judges, border splits Congress."
Posted at 08:00 AM by Howard Bashman



"Cook the Books, Get Life in Prison: Is Justice Served?" The Washington Post today contains a front page article that begins, "In the category of longest prison sentence, WorldCom Inc. founder Bernard J. Ebbers recently bested the organizer of an armed robbery, the leaders of a Bronx drug gang and the acting boss of the Gambino crime family."
Posted at 07:55 AM by Howard Bashman


Twenty-five years ago today: As The Associated Press notes here, "Sandra Day O'Connor was sworn in as the first female justice on the Supreme Court."
Posted at 07:54 AM by Howard Bashman


"In Tiny Courts of New York, Abuses of Law and Power": This lengthy article appears today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"Voters get a say on land rights; State laws limit high court ruling": Today's issue of USA Today contains a front page article that begins, "Eleven states are giving voters their first chance this fall to override last year's Supreme Court ruling that allows local governments seeking more tax revenue to seize private property and give it to developers."
Posted at 07:45 AM by Howard Bashman


"U.S. Court Ruling Recognizes Hamas as Political Party": Josh Gerstein has this article today in The New York Sun.
Posted at 07:44 AM by Howard Bashman


In commentary available online at FindLaw: Michael C. Dorf has an essay entitled "The Nation's Top Military Court Rules that a Senator Cannot Wear Two Hats: Does the Ruling Call Into Question Reserve Duty by Members of Congress?"

And Thomas Healy has an essay entitled "Will the U.S. Court of Appeals for the Ninth Circuit Finally Be Split? If So, the Reason Will Be Politics, Not Caseload."
Posted at 06:45 AM by Howard Bashman



"Blawg Review #76": Available online here, at the blog "Passion, People and Principles."
Posted at 12:08 AM by Howard Bashman


"Federal judge witnessed 9/11, Murrah bombing": The Oklahoman on Sunday contained an article that begins, "The first time, the judge was knocked from his chair. He just missed getting hit by flying shards of glass from his shattered office windows as the truck bomb exploded a block away outside the Oklahoma City federal building. The second time, he was in New York, close enough to feel the rumble as a World Trade Center tower collapsed a few blocks away. He would flee around the devastation the plane hijackers wrought, along with thousands of others, walking through a fog of ash and soot that coated his skin and clothes white."

The newspaper has also posted online two audio segments from the interview, and you can access those here and here (mp3 format).
Posted at 12:05 AM by Howard Bashman



Sunday, September 24, 2006

"CIA Values Show in Stand on Detainees": The Los Angeles Times today contains an article that begins, "For an agency that ordinarily steers clear of major policy debates, the CIA played an unusually prominent role in the showdown between the White House and dissident Republicans over the treatment of detainees. To many outsiders, the CIA's position was puzzling."

The newspaper also contains an editorial entitled "Two-Tiered Torture Standards: By allowing the CIA leeway in interrogations, the Senate gave up too much in its compromise with Bush," while Charles Kaiser has an op-ed entitled "Why Retired Military Brass Don't Want Torture: Firsthand combat experiences compel old guard to attack Bush's 'alternative interrogation.'"
Posted at 09:54 PM by Howard Bashman



"Senate Panel Freezes Bill on Legal Protection for Reporters": The Washington Post today contains an article that begins, "The Senate Judiciary Committee has postponed consideration of a federal shield law for journalists after hearing strong new objections to the measure from the Justice Department."
Posted at 08:25 PM by Howard Bashman


"A Fight To Define Equality": Today in The Washington Post, columnist George F. Will has this op-ed about the Michigan Civil Rights Initiative.
Posted at 08:23 PM by Howard Bashman


"Detainee Legislation Driven by Court Decision": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 08:18 PM by Howard Bashman


"Specter Decries Detainee Bill Provision": The Associated Press provides this report.
Posted at 08:12 PM by Howard Bashman


Philadelphia Phillies 10, Florida Marlins 7: My son and I had the pleasure today of seeing the Phillies win what was to have been the final regular season home game of 2006. Fan Appreciation Day started unfavorably, as the Marlins jumped out to a four-run lead in the top of the first inning, sending nine men to the plate as starting pitcher Jamie Moyer gave up two doubles, a triple, and two home runs.

In the bottom of the third inning, however, the Phillies answered with seven runs, only three earned, taking advantage of a costly error by Marlins shortstop Hanley Ramirez. The Phillies homered three times in that frame, and themselves batted around. When Abraham Nunez, who had led off the inning with a single, came to the plate for a second time, he was hit with a pitch by Marlins starting pitcher Scott Olsen, whom the home plate umpire promptly ejected.

Chase Utley homered twice and even beleaguered right fielder Pat Burrell got in on the hit parade, scoring twice and going two-for-four with a single and a home run. In attendance at today's game was a group of fans with a banner that read "Burrell's Squirrels," and they appeared pleased with his effort.

Thanks to a Los Angeles Dodgers victory today, the Phillies continue to cling to just a half-game lead in the Wild Card standings. The Phillies have a home make-up game tomorrow against the Houston Astros, after which the Phillies will either have a full-game lead or have the same record as the Dodgers, who have a day off tomorrow.

You can access wraps of today's game here and here, while the box score is at this link. According to the box score, the rain delay that came in the bottom of the seventh inning lasted one hour and thirty-five minutes.
Posted at 07:54 PM by Howard Bashman



"Abortion foes' new rallying point; Conservatives take on contraception": The Chicago Tribune contains this article today.
Posted at 09:20 AM by Howard Bashman


"Judges fumble asylum cases; Refugee was sent back to Sudan to face jail, beatings": This lengthy article appears today in The Chicago Tribune.
Posted at 09:18 AM by Howard Bashman


"Half a Reform for Judges": The New York Times today contains an editorial that begins, "During his confirmation hearings a year ago, Chief Justice John Roberts pledged to study the serious ethics problem posed by the well-attended 'judicial education' programs staged at luxury resorts and financed by private interests hoping to influence judicial decision-making. Chief Justice Roberts followed through, but his chosen antidote is far too timid."
Posted at 09:05 AM by Howard Bashman


In today's edition of The Los Angeles Times: David G. Savage has an op-ed entitled "Is the Chief Justice Really a Judicial Activist? John Roberts, who likened his role to a passive 'umpire,' may want to do more than just enforce the rules."

Robert Weisberg has an op-ed entitled "A Quiet Bombshell in the Legal World; A single high court decision puts mandatory sentencing laws in limbo."

And Joe Domanick has an op-ed entitled "Every Court Case Is a Person; Beneath paperwork and docket numbers lie tales of human morality and often tragedy."
Posted at 08:25 AM by Howard Bashman



"Behind bars, sex charges the air: Whether it was forced or in exchange for perks, the acts between guards and inmates were never legal; And before anything got fixed, two people were dead and five arrested." The St. Petersburg Times today contains an article that begins, "For the past 10 years, dozens of female inmates serving time at the minimum-security federal prison here have been sexually abused by the very people in charge of them: prison staff members."
Posted at 08:20 AM by Howard Bashman


Saturday, September 23, 2006

"Congress in dark on terror program; Few briefed on CIA interrogation": The Boston Globe contains this article today.
Posted at 10:48 PM by Howard Bashman


"Due Process and the Trial of Terrorism Suspects": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:42 PM by Howard Bashman


In today's mail: Yesterday, as I previously noted here, The Associated Press reported that "Alito predicts Phillies in playoffs, MVP for Howard."

Today in the mail I received tickets for my son and I to attend two Division Series home games and two League Championship home games should Justice Samuel A. Alito, Jr.'s prediction prove correct and the Phillies make it into the playoffs. Justice Alito, as a Phillies fan himself, may be pleased to learn that during each series, two Phillies home games are tentatively scheduled to occur on Saturdays and Sundays. But if the Phillies fail to make the playoffs, then the final baseball game that my son and I will attend this season will be tomorrow's game between the Philadelphia Phillies and the Florida Marlins.
Posted at 09:00 PM by Howard Bashman



Just in time for a certain law blogger's birthday: "Harvey Birdman, Attorney at Law: Season Two" will be released on DVD on October 10, 2006.
Posted at 08:54 PM by Howard Bashman


"So Small a Town, So Many Patent Suits": Tomorrow's edition of The New York Times will contain an article that begins, "On a crisp Monday morning earlier this month, about 20 lawyers from some of the country's top law firms shuffled their way into a brightly lit, wood-paneled federal courtroom in this small city in eastern Texas." And a related graphic can be accessed here.
Posted at 07:20 PM by Howard Bashman


At "SCOTUSblog": Tom Goldstein has a post titled "The Long Conference and the December Sitting" concluding that the U.S. Supreme Court's Justices may have a few extra hours of free time come December.

And proving that turnabout is fair play, Tom Goldstein interviews Nina Totenberg in a post titled "Podcast #3 -- Interview with Nina Totenberg."
Posted at 02:54 PM by Howard Bashman



"Why Blogs Are Bad for Legal Scholarship": Law Professor Brian Leiter has this essay online at The Yale Law Journal's Pocket Part web site.

At his "Legal Theory Blog," Law Professor Larry Solum has a responsive post where he writes that "It seems to me that it is a very serious mistake to formulate a question such as 'Are blogs good or bad for legal scholarship?'"
Posted at 02:30 PM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Weekend Edition Saturday" contained an audio segment entitled "Compromise on Detainee Bill Leaves Much Unclear."

And yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Congress Adjusts to Detainee Deal" and "Detainee Deal and the Upcoming Midterm Elections."

RealPlayer is required to launch these audio segments.
Posted at 02:11 PM by Howard Bashman



"More Journalists Facing Jail; Time to pass a federal shield law": The Washington Post today contains an editorial that begins, "Unless a federal appeals court steps in, two reporters for the San Francisco Chronicle will head to jail for as long as 18 months."
Posted at 02:00 PM by Howard Bashman


"Defense Lawyers Assail Legislation on Detainees; The bill faces scrutiny for stripping habeas corpus; Rights groups worry over vagueness": The Los Angeles Times contains this article today.

And The New York Times today contains a related editorial entitled "Turning Back the Clock on Rape."
Posted at 01:58 PM by Howard Bashman



"Hamas charge dropped; Move shocks lawyers for Bridgeview grocer": This article appears today in The Chicago Tribune.
Posted at 01:53 PM by Howard Bashman


"Networking Born Killers: The eerie Weblogs of young murderers." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 01:38 PM by Howard Bashman


"Judicial Nominee Up For Hearing; Bush, Rell Back Avon Candidate": The Hartford Courant today contains an article that begins, "The nomination to the federal bench of State Superior Court Judge Vanessa L. Bryant, sharply criticized by state and federal bar groups, will be the subject of a hearing Tuesday by the U.S. Senate Committee on the Judiciary in Washington."
Posted at 01:33 PM by Howard Bashman


"A Bad Court-Splitting Plan": The New York Times today contains an editorial that begins, "The Senate held hearings this week on a proposal to split the San Francisco-based United States Court of Appeals for the Ninth Circuit in two."
Posted at 01:23 PM by Howard Bashman


"Appeals panel sends journalist back to prison": The San Francisco Chronicle today contains an article that begins, "Freelance journalist Josh Wolf returned to federal prison Friday after refusing to produce the outtakes of video footage he shot at a violent San Francisco protest in July 2005."
Posted at 10:22 AM by Howard Bashman


"Ginsburg graces College of Law": Yesterday's issue of The Independent Florida Alligator contained this article along with this photograph.

And yesterday's edition of The Gainesville Sun contained an article headlined "Justice Ginsburg on hand for law school tribute," while Thursday's newspaper reported that "Public not invited to justices' UF visits."
Posted at 10:15 AM by Howard Bashman



"U.S. Supreme Court Justice Thomas Visits With Students at The U": The University of South Dakota issued this news release yesterday, along with this photograph.
Posted at 10:10 AM by Howard Bashman


"Supreme Court Justice Scalia to preside over Patrick Schiltz's investiture as federal judge": On Thursday, the University of St. Thomas issued this news release previewing a ceremony that took place yesterday.

Update: The blog "Power Line" offers a photo from the ceremony.
Posted at 10:05 AM by Howard Bashman



"High court gives judge a 15-minute reprimand; 'Judge Downey, what were you thinking?' the chief justice asks of the longtime jurist done in by computer porn and sex harassment claims." The St. Petersburg Times contains this article today.

You can access online a video recording of the reprimand by clicking here (RealPlayer required), while the court filings in the case can be accessed via this link.
Posted at 09:55 AM by Howard Bashman



"Breaking prisoners, but not the case; The use of torture on suspects, a common practice around the world, rarely achieves its goal": This article appears today in The St. Petersburg Times.
Posted at 09:50 AM by Howard Bashman


"Alito leads the way with sign bearing his name in Hamilton": The Newark (N.J.) Star-Ledger today contains an article that begins, "The former Municipal Drive in Hamilton Township is seven-tenths of a mile long, but to the mayor and residents it represents the road to the Supreme Court of the United States. Yesterday, it was renamed Justice Samuel A. Alito Jr. Way in honor of the high court's newest member and graduate of Hamilton's public schools."

And The Trenton Times today contains an article headlined "A sign Alito's come a long way."
Posted at 09:45 AM by Howard Bashman



Friday, September 22, 2006

"Fertility clinic mix-up sparks legal tangle; A man sues to know if he's the father; a woman who mistakenly received his sperm fights for her privacy": This interesting article appears today in The Oregonian.
Posted at 11:44 PM by Howard Bashman


Available online from law.com: An article reports that "Bizarre 'Strip-Search Hoax' Case Before 11th Circuit; In similar incidents around the country, restaurant employees have been charged criminally for their role in doing searches."

And the brand new installment of my "On Appeal" column is headlined "Pa. Supreme Court Guilty of Political, but Not Judicial, Ineptitude; Justices ruled correctly on judicial pay raises." In related news, The Associated Press reports that "Pa. Judges' Pay to Rise With Feds."
Posted at 11:40 PM by Howard Bashman



"Detainee Deal Comes With Contradictions": Adam Liptak will have this news analysis Saturday in The New York Times. Tomorrow's newspaper will also contain an article headlined "Differences Settled in Deal Over Detainee Treatment."

The Washington Post on Saturday will contain articles headlined "GOP Upbeat on Terror-Trial Bill; House Leaders Satisfied With Bush-Senate Compromise" and "On Rough Treatment, a Rough Accord."

McClatchy Newspapers report that "Critics say bill on detainee interrogation will not prevent torture."

And The Associated Press reports that "Interrogations Deal Grants Bush Leeway."
Posted at 11:35 PM by Howard Bashman



Take a hike, but not on my land: The majority on a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued an opinion that begins:
Shirley Presley, a long-time resident of Charlottesville, Virginia, brought this 42 U.S.C. § 1983 action against the City of Charlottesville and the Rivanna Trails Foundation, a nonprofit private corporation. She alleges that, without her consent, the Defendants conspired to publish a map that showed a public trail crossing her yard. Presley further alleges that, even after the Defendants realized their error, they did not correct it but rather criminally prosecuted her when she herself took measures to prevent trespasses on her property.
The majority holds that the trial court erred when it dismissed the plaintiff's Fourth Amendment claim alleging that an unreasonable seizure of her property occurred when private individuals trespassed onto plaintiff's land as a result of the defendants' actions. The dissenting judge, by contrast, argues that plaintiff's claim must be analyzed as a taking under the Fifth Amendment rather than an unreasonable seizure of property under the Fourth Amendment.
Posted at 11:25 PM by Howard Bashman


"Mom properly jailed for letting baby smoke dope: court." Reuters provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:10 PM by Howard Bashman


"Court rules Graham can't serve as both senator and judge": This article appears today in The Charleston Post and Courier.

And The Associated Press reports that "Graham accepts ruling he can't be military judge."

My earlier coverage appears at this link.
Posted at 10:40 PM by Howard Bashman



"Bush is hoping to finally control judicial branch, too": Scripps Howard columnist Ann McFeatters will have this op-ed Sunday in The Seattle Post-Intelligencer.
Posted at 10:38 PM by Howard Bashman


"High court nears flash point on several fronts": Liz Halloran and Bret Schulte have this "Inside Washington" essay online at USNews.com, the web site of U.S. News & World Report magazine.
Posted at 09:47 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "High court justice gets street named after him in hometown" and "Alito predicts Phillies in playoffs, MVP for Howard." I hope Justice Alito is correct, as I've already purchased my Phillies tickets for the first two rounds of the playoffs.
Posted at 09:44 PM by Howard Bashman


"Ex-Dynegy accountant's sentence reduced to 6 years": The Houston Chronicle provides a news update that begins, "Former Dynegy accountant Jamie Olis saw his 24-year prison sentence cut to six years by a judge this afternoon."

The Wall Street Journal on Saturday will contain an article headlined "Dynegy Ex-Lawyer Olis Gets Prison Term Cut to Six Years" (free access).

The Associated Press reports that "Former Dynegy exec resentenced to six years."

Reuters reports that "Judge shortens Dynegy accountant's long sentence."

At the blog "Sentencing Law and Policy," Doug Berman has a post titled "Jamie Olis gets 6 years at resentencing." And the blog "Houston's Clear Thinkers" has posted the trial court's sentencing opinion at this link.
Posted at 09:38 PM by Howard Bashman



"Judge apologizes, gets reprimand for viewing porn in chambers": The Associated Press provides a report that begins, "A judge who repeatedly viewed pornography on the computer in his chambers apologized Friday after receiving a public reprimand from the Florida Supreme Court for violating judicial ethics."

And The St. Petersburg Times provides a news update headlined "Downey gets rebuke from state Supreme Court; The chief justice told the Pinellas-Pasco circuit judge his actions were 'an embarrassment to the people of Florida.'"
Posted at 04:35 PM by Howard Bashman



"'Choose Life' plates get legal green light; ACLU of Ohio drops lawsuit to end sales": This article appeared yesterday in The Columbus Dispatch.
Posted at 04:33 PM by Howard Bashman


"Feds Drop Count in Hamas Terrorism Trial": The Associated Press provides this report from Chicago.
Posted at 04:25 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Senate, White House Reach Detainee Compromise" and "FBI Hunts War Criminals Long After WW II's End" (RealPlayer required).
Posted at 03:10 PM by Howard Bashman


"Educator sues teens over page on MySpace": Today's edition of The San Antonio Express-News contains an article that begins, "Accusations that two 16-year-old students cyber ambushed their assistant principal have landed their parents in legal trouble, highlighting what has become a new battleground for student-educator animosity."

And columnist Ken Rodriguez has an essay entitled "Lewd Web posting about principal leads to lawsuit, school options."
Posted at 03:05 PM by Howard Bashman



Seventh Circuit attempts to describe the holding of a splintered U.S. Supreme Court in Rapanos v. United States: Today's Seventh Circuit ruling, by a three-judge panel, was issued per curiam, so you'd have to be familiar with which of the three judges on the panel is the only one who regularly uses the Book Antiqua font to guess from whose chambers the ruling issued.

In any event, today's opinion provides the following summary of the Supreme Court's holding in Rapanos:

Thus, any conclusion that Justice Kennedy reaches in favor of federal authority over wetlands in a future case will command the support of five Justices (himself plus the four dissenters), and in most cases in which he concludes that there is no federal authority he will command five votes (himself plus the four Justices in the Rapanos plurality), the exception being a case in which he would vote against federal authority only to be outvoted 8-to-1 (the four dissenting Justices plus the members of the Rapanos plurality) because there was a slight surface hydrological connection. The plurality's insistence that the issue of federal authority be governed by strict rules will on occasion align the Justices in the plurality with the Rapanos dissenters when the balancing approach of Justice Kennedy favors the landowner. But that will be a rare case, so as a practical matter the Kennedy concurrence is the least common denominator (always, when his view favors federal authority).
After providing that helpful summary, today's ruling remands the case to the district court for additional factfinding.
Posted at 02:38 PM by Howard Bashman


In a federal criminal case, does an an unconditional guilty plea waive the right to appeal all nonjurisdictional antecedent rulings and cure all antecedent constitutional defects? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers "yes" today in an opinion you can access here.
Posted at 02:28 PM by Howard Bashman


In today's mail: Tenth Circuit Judge Neil M. Gorsuch's new book, "The Future of Assisted Suicide and Euthanasia."

And an eagerly-awaited postcard from a fellow attendee at the recent Eighth Circuit Judicial Conference depicting the U.S. Post Office & Court House in Texarkana, which straddles the border dividing Arkansas and Texas. [Update: More information on the postcard is available at this link.]
Posted at 12:14 PM by Howard Bashman



200-year prison sentence for possessing 20 photographs depicting child pornography? That's the subject of James J. Kilpatrick's "Covering the Courts" column this week. At the "Sentencing Law and Policy" blog, you can access a related post titled "Might Berger get SCOTUS attention?"
Posted at 11:40 AM by Howard Bashman


"GOP Hopes to Parlay Deal on Detainees": The Associated Press provides this report.
Posted at 11:18 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Senate, White House Reach Compromise on Detainee Rights"; "Detainee Deal First Impressions May Be Deceiving" (featuring Nina Totenberg); and "Reporters Sentenced to Prison for Withholding Sources." RealPlayer is required to launch these audio segments.
Posted at 11:15 AM by Howard Bashman


"Is store sexually oriented? Owners, city disagree." The Dallas Morning News today contains an article that begins, "See-through negligees, spike heels and miniskirts were neatly arranged, and a mannequin donned a black corset and fishnet stockings this week to lure customers to a new Richardson store."
Posted at 09:30 AM by Howard Bashman


"Feinstein vows filibuster on 9th circuit nominee": The Associated Press provides a report that begins, "The Senate Judiciary Committee approved an Idaho judge Thursday for a seat on the 9th U.S. Circuit Court of Appeals, but Sen. Dianne Feinstein, D-Calif., vowed to block full Senate action. The 10-8 party line vote came after Feinstein stormed out of the committee room to try to deny a quorum to approve the nomination of 6th District Judge Randy Smith. Feinstein wants the judgeship to go to a California judge."
Posted at 09:28 AM by Howard Bashman


"U.S. Judge Denies Ethics Charges, Claims Vendetta; Jurist Manuel Real tells House panel that attorney Stephen Yagman's claims of misconduct stem from a 'personal vendetta'": The Los Angeles Times contains this article today.

And today in The Daily Journal of California, Lawrence Hurley reports that "Judge Tells Congress He Did Nothing Wrong; House Panel Will Wait for Findings By 9th Circuit Before Deciding Anything."
Posted at 09:24 AM by Howard Bashman



"2 Reporters Get Up to 1-1/2 Years for Refusing to Reveal Sources in Bonds Steroids Case": This article appears today in The Los Angeles Times.

And in The San Francisco Chronicle, Bob Egelko reports that "Silence means prison, Judge tells reporters; He says sentence -- up to 18 months -- is only way to make them comply with subpoenas demanding names of confidential sources in BALCO case."
Posted at 09:12 AM by Howard Bashman



"Appeals court restores law favorable to labor": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "An appeals court reinstated a labor-backed law Thursday that prohibits California employers from spending money they get from the state on anti-union activities. In a 12-3 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco said the law does not violate employers' freedom of speech or interfere with federal regulation of labor-management relations."

You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:10 AM by Howard Bashman



"After all, it is the law": The Chicago Tribune today contains an editorial that begins, "Abortion-rights advocates have a lot to say about the Illinois Supreme Court's decision to revive a sandbagged parental-notification law just weeks before the November election."
Posted at 09:04 AM by Howard Bashman


"Bush Bows to Senators on Detainees; The White House agrees to new rules banning the most controversial CIA tactics but allowing a secret interrogation program to continue": This article appears today in The Los Angeles Times. And columnist Rosa Brooks has an op-ed entitled "Our Torturer-in-Chief: Until Bush took office, the U.S. had no problem defining what is cruel and inhuman."

The Boston Globe today contains articles headlined "Deal made on detainee questioning; President says aggressive techniques will continue" and "Fate of some CIA detainees still unknown; Missing Boston woman among them, kin say."

The Chicago Tribune reports that "Deal resolves GOP battle on detainees; Senators, Bush agree on treatment standards."

USA Today reports that "Deal on suspects closes GOP rift; Agreement covers trials, interrogation."

The Wall Street Journal reports that "Accord Is Reached On Framework For Detainee Bill" (free access).

The Washington Times reports that "GOP compromises on terror detainees."

The Washington Post reports that "Gonzales Revisits Deportation Remarks; Department Aims to Clarify Comments on Case of Canadian Sent to Syria." The newspaper also contains an editorial entitled "The Abuse Can Continue: Senators won't authorize torture, but they won't prevent it, either," while columnist David Ignatius has an op-ed entitled "Interrogators Left Out in the Cold: White House Legal and Political Missteps Led to an Unneeded Duel Over Detainees."

And The New York Times contains an editorial entitled "A Bad Bargain."
Posted at 08:55 AM by Howard Bashman



"Court Grants Reprieve to Death Row Inmate Convicted in USC Student's 1979 Death": In today's issue of The Los Angeles Times, Henry Weinstein has an article that begins, "A federal appeals court in San Francisco on Thursday gave a reprieve to death row inmate Stevie Lamar Fields, who is scheduled to die for the 1979 murder of USC student librarian Rosemary Janet Cobb. The U.S. 9th Circuit Court of Appeals ordered a new hearing by the full court on Fields' request for a new sentence."
Posted at 08:25 AM by Howard Bashman


"Name of Nonviolent Sex Offender Is Added to Publicly Available Roll; 'John Doe' Fails in Legal Bid to Remain Off Virginia Web Site": This article appears today in The Washington Post.
Posted at 08:20 AM by Howard Bashman


Fifth Circuit Judge Harold R. DeMoss, Jr. to assume senior status on July 1, 2007: Via "Confirm Them" comes word of a development that you can confirm at this link.
Posted at 08:11 AM by Howard Bashman


"Corzine taps two for top court; Wants to make Zazzali chief justice, promote appeals judge Hoens": This article appears today in The Newark (N.J.) Star-Ledger.

And The New York Times reports today that "Corzine Elevates a Supreme Court Justice and Taps Another Judge to Succeed Him."
Posted at 08:07 AM by Howard Bashman



"Limits Used in Terror Cases Are Imposed on a Mob Figure": The New York Times today contains an article that begins, "Alberto R. Gonzales, the United States attorney general, has imposed a set of highly restrictive rules generally reserved for terror suspects on an imprisoned mob figure who is under investigation for plotting to kill a federal judge, a prosecutor and three Mafia turncoats, prosecutors disclosed yesterday."
Posted at 08:04 AM by Howard Bashman


"Taking passwords to the grave: Family members of deceased seek access to e-mail accounts as important information moves from paper to computers." c|net News.com provides this report.
Posted at 08:02 AM by Howard Bashman


Alito to be a street-o: The Trenton Times reports today that "Hamilton to rename street for Justice Alito."

And The Trentonian reports today that "Hamilton honors Alito today with own street."
Posted at 07:53 AM by Howard Bashman



"View From Above: Hopes, realities sometimes clash, O'Connor says." The Winston-Salem Journal contains this article today.

And The Associated Press provides a report headlined "O'Connor: Schools must prepare students for college."
Posted at 07:50 AM by Howard Bashman



Thursday, September 21, 2006

"White House, Senators Near Pact on Interrogation Rules; President Would Have a Voice in How Detainees Are Questioned": This front page article will appear Friday in The Washington Post.

The New York Times on Friday will report that "Republicans Reach Deal on Detainee Bill."

And McClatchy Newspapers report that "Bush, senators reach agreement on detainee interrogation legislation."
Posted at 11:33 PM by Howard Bashman



Available online from law.com: An article reports that "Rare Judicial Impeachment Hearing Ends With Little Action Taken."

In other news, "N.Y. Judge Rebuffs McDonald's Motion to Dismiss Deceptive Ad Claims." You can access at this link the recent ruling of the U.S. District Court for the Southern District of New York.

And an article reports that "Attorneys Deny Allegations Client Plotted to Kill Judge; 'Mess' raises prospect of recusal motion."
Posted at 11:28 PM by Howard Bashman



"Judge: BALCO reporters face prison if they lose appeals." Bob Egelko of The San Francisco Chronicle provides this news update. The newspaper also provides an update headlined "Senator leads drive for federal media shield law." Statements from the two reporters who are facing prison can be accessed here and here.
Posted at 11:20 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "GOP Senators, White House Agree on Detainee Deal" and "Compromise on Detainees May Ease McCain's Path."

And today's broadcast of "Talk of the Nation" contained audio segments entitled "Detainees and the Right of Habeas Corpus" (featuring former D.C. Circuit Judge Patricia M. Wald) and "The Torture Debate on the Hill."

RealPlayer is required to launch these audio segments.
Posted at 08:45 PM by Howard Bashman



"Scalia to Present Alito Award at NIAF Awards Dinner": Metropolitan News-Enterprise provides this report.

The publication today also contains articles headlined "Public Libraries May Ban Religious Worship in Meeting Rooms"; "City Council Rejects Proposed Skid Row Settlement With ACLU"; and "S.C. to Decide if Actress' Manager May Sue for Commissions."
Posted at 08:25 PM by Howard Bashman



"Calif. judge denies wrongdoing as panel considers impeachment": The Associated Press provides this report.
Posted at 08:15 PM by Howard Bashman


"For detainees: less access to US courts? The White House bill in Congress would strip courts of jurisdiction." Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 06:23 PM by Howard Bashman


"Judicial Impeachment Hearing Ends With Little Action Taken": law.com's T.R. Goldman provides a news update that begins, "A House Judiciary subcommittee today held a rare impeachment hearing for a California federal judge but reached no conclusions and appeared eager to let a special committee of the U.S. Court of Appeals for the 9th Circuit finish its investigation before deciding whether to take up the matter in Congress again."
Posted at 06:04 PM by Howard Bashman


Video available online from C-SPAN: You can view the video of today's House Judiciary Committee subcommittee hearing on a resolution to impeach U.S. District Judge Manuel L. Real by clicking here (RealPlayer required).

And, by clicking here, you can view the video of today's Senate Judiciary Committee executive business meeting, at which one federal appellate court nominee was favorably reported to the floor of the U.S. Senate.
Posted at 05:45 PM by Howard Bashman



"Court: Senator Can't Be Military Judge." The Associated Press provides this report. My earlier coverage is at this link.
Posted at 05:24 PM by Howard Bashman


Ninth Circuit issues proposed local rules to address forthcoming federal rule of appellate procedure allowing citation to "unpublished" and non-precedential federal court rulings issued on or after January 1, 2007: You can access the Ninth Circuit's proposed rule revisions at this link.

The Sixth Circuit's home page also contains links to that court's proposed new local rule revisions, but as of this moment the links to the proposed new rules are not links that the general public (i.e., anyone outside of the Sixth Circuit's own computer system) can use to access the documents. [Update: I am reliably advised that the issue of the non-working links from the Sixth Circuit's home page will be corrected promptly.]
Posted at 05:05 PM by Howard Bashman



"Bush, GOP Rebels Said to Be Near Accord": The Associated Press provides a report that begins, "The Bush administration and rebellious GOP senators neared agreement Thursday on legislation setting terms for the interrogation and trial of suspects in the war on terror, congressional officials said."
Posted at 04:38 PM by Howard Bashman


"Court delays disclosing pay of Paterno, Penn State aides; It could take 16 months for Pa.'s top court to hear the university's appeal": The Philadelphia Inquirer today contains an article that begins, "Joe Paterno's secret salary is going to stay secret at least a little while longer. The state Supreme Court yesterday agreed to hear Penn State's appeal of an earlier court ruling that would have made public the salaries of the longtime football coach as well as several university administrators."

The Patriot-News of Harrisburg, Pennsylvania reports today that "Panel to hear appeal on Penn State salaries."

And The Daily Collegian of Penn State University reports that "Court to review appeal; A court hearing will decide whether or not the salaries of Joe Paterno and three administrators should be public record."

Tuesday's order of the Supreme Court of Pennsylvania granting review in the case can be accessed here.
Posted at 04:30 PM by Howard Bashman



You fooled me, Second Circuit web site: For a few moments earlier this afternoon, this page at the Second Circuit's web site tricked me into treating as new today's reissuance (due to the correction of errata) of a decision originally issued on August 1, 2006, which I reported on that day in a post you can access here.
Posted at 03:45 PM by Howard Bashman


"U.S. attorney Mike Heavican new Chief Justice": This article appears today in The Lincoln (Neb.) Journal Star.

And today's issue of The Omaha World-Herald contains articles headlined "Heavican called sterling lawyer" and "New U.S. attorney needed after Heavican's departure."
Posted at 03:35 PM by Howard Bashman



"Bush, McCain reach agreement on tribunal laws; Deal comes as House, Senate wrangle over how to treat enemy combatants": NBC News provides this report.
Posted at 03:20 PM by Howard Bashman


"Meaning of 'plainly offensive' speech anything but clear": David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 03:02 PM by Howard Bashman


"Parties split over proposed split of 9th Circuit Court of Appeals": The Seattle Times today contains an article that begins, "A long-simmering debate over how justice is meted out in the Western U.S. rose to a boil Wednesday when the Senate Judiciary Committee debated proposals to split the 9th Circuit U.S. Court of Appeals."

In today's edition of The Daily Journal of California, Lawrence Hurley reports that "Former Governor Wilson Testifies Against Splitting 9th Circuit."

And The Associated Press reports that "Senators, judges face off over breaking up 9th circuit."
Posted at 02:40 PM by Howard Bashman



"Feds Ask Court to Drop Wiretapping Case": Hope Yen of The Associated Press provides a report that begins, "The Bush administration asked an appeals court Thursday to step in immediately and dismiss a lawsuit over the government's warrantless eavesdropping program, calling a lower judge's ruling dangerous and wrong."

The case in question is pending before the U.S. Court of Appeals for the Ninth Circuit. My earlier coverage of the federal district court's ruling appears at this link.
Posted at 02:38 PM by Howard Bashman



"Alexander prevails in bitter court race": The Seattle Times today contains an article that begins, "Fresh from battle, interest groups on both sides of a bitter struggle for control of the state Supreme Court are arming themselves for another expensive showdown."
Posted at 02:28 PM by Howard Bashman


On Tuesday's season premiere of "Boston Legal," Eugene Volokh wasn't a janitor; rather, he was a security guard: So says the man himself, in a post you can access here. My earlier post on the subject appears at this link.
Posted at 01:00 PM by Howard Bashman


"The Right to Present a Twinkie Defense": Deputy Solicitor General Michael R. Dreeben has this interesting article in the Summer 2006 issue of The Green Bag. Dreeben argued the case of United States v. Gonzalez-Lopez last Term in the U.S. Supreme Court. That 5-4 decision was noteworthy, among other reasons, because Justice Antonin Scalia wrote the majority opinion, while Justice Samuel A. Alito, Jr. wrote the dissenting opinion.
Posted at 12:54 PM by Howard Bashman


Thanks to the involvement of U.S. Senator Lindsey Graham (R-SC), the affirmance of Charles Lane's conviction for wrongful use of cocaine has been vacated: Of course, the Charles Lane is question isn't the erstwhile movie star who covers the U.S. Supreme Court for The Washington Post. Rather, this particular Charles Lane serves as Airman First Class in the U.S. Air Force.

In any event, as Law Professor Eugene Volokh reports here, "The U.S. Court of Appeals for the Armed Forces held yesterday, in U.S. v. Lane, that appointing Senator Lindsey Graham -- a colonel in the reserves -- as a temporary military appellate judge violated the Incompatibility Clause of the Constitution." You can access yesterday's ruling of the U.S. Court of Appeals for the Armed Forces at this link.

Update: At "SCOTUSblog," Lyle Denniston reports on the ruling in a post titled "Ruling: senator cannot be military judge, too."
Posted at 12:45 PM by Howard Bashman



Appearing soon at a law school campus near me: I just learned that an interesting appellate matter that I'm handling before the Superior Court of Pennsylvania has been set for oral argument on October 17, 2006 at the Duane Morris LLP Moot Courtroom of the Temple University Beasley School of Law. I appear to have drawn quite a good panel for the case, although my case is listed 18th(!), meaning that anyone at Temple Law wishing to see me in action may have to wait till the afternoon of October 17th. If there's sufficient interest, I'd be more than pleased to grab a quick lunch with any Temple Law-based fans of "How Appealing," although when I become available for lunch will depend on when the court decides to take its lunch break.

One week earlier, on the afternoon of October 10, 2006, I'm scheduled to be guest speaker at Christopher J. Schmidt's appellate advocacy class at Widener University School of Law in Harrisburg. Chris is currently clerking for a Justice on the Supreme Court of Pennsylvania.

I think that it's cool when appellate courts hold oral arguments on-the-road, such as at law schools, although I'm afraid that the typical reaction of someone subjected to a day's worth of oral arguments before the Pa. Superior Court is to wonder "Why did I ever decide to become a lawyer?" See my December 2003 Legal Intelligencer column headlined "Too Much Of A Good Thing -- Oral Argument In The Superior Court of Pennsylvania."
Posted at 12:27 PM by Howard Bashman



"You have no right to vote: The Constitution doesn't guarantee it, the Republicans know it, and real democratic values in our country are under assault." Law Professor Garrett Epps has this essay today at Salon.com.
Posted at 11:05 AM by Howard Bashman


Twenty-five years ago today: As noted here, "In 1981, the Senate unanimously confirmed the nomination of Sandra Day O’Connor to become the first female justice on the Supreme Court."
Posted at 11:00 AM by Howard Bashman


"Cooler Heads: The difference between the president's lawyers and the military's." Law Professor Richard Schragger has this jurisprudence essay online at Slate.
Posted at 10:55 AM by Howard Bashman


"Impeachment of Judge Manuel Real": C-SPAN3 is providing live coverage of today's hearing before the House Judiciary Committee. You can access the live coverage online using RealPlayer or Windows Media Player.

The House Judiciary Committee provides additional background on the matter at this link. The draft impeachment resolution can be accessed here.
Posted at 10:50 AM by Howard Bashman



"In the Pipeline: An overview of possible Supreme Court cases in the coming term." Walter M. Weber has this essay today at National Review Online.
Posted at 10:45 AM by Howard Bashman


"Clash of visions over CIA interrogations; Can the broad terms of the Geneva Conventions be more clearly defined without weakening them?" Warren Richey has this article today in The Christian Science Monitor.

And The Associated Press reports that "Democrats Sit Out Detainee Debate."
Posted at 10:28 AM by Howard Bashman



Eugene Volokh on ABC's "Boston Legal": A post Tuesday night at the blog "Plum Blossoms" asks, "Did anyone notice that 'Eugene Volokh' was the name of some unseen janitor in tonight's season premiere of Boston Legal?"

And a long-time reader emails, "Apparently there has not been a blip in the blogosphere about the fact that a character named 'Eugene Volokh' was mentioned in the course of questioning a witness in Tuesday night's episode of Boston Legal. The reference was not, though, to Eugene himself - that is, he was mentioned as something else, not a law professor."

I have the season premiere on videotape but haven't watched it yet.
Posted at 08:50 AM by Howard Bashman



"Anti-injection man executed in US; US death row inmate Clarence Hill has been executed by lethal injection at a Florida state prison, hours after the Supreme Court rejected a final appeal": BBC News provides this report.

The New York Times reports today that "Court Refuses Second Delay; Inmate Dies."

The Pensacola News Journal reports today that "Hill executed; Death brings little relief to victim's family."

The Orlando Sentinel reports that "Execution sends message to other death-row inmates."

And The Tallahassee Democrat reports that "Hill executed for killing officer."

Meanwhile, in somewhat related news, The Baltimore Sun today contains an article headlined "Uncertainty on execution team; 2 members testify in Evans suit they're unsure of some procedures."
Posted at 08:35 AM by Howard Bashman



"House Panel Supports Tribunal Plan, 20 to 19; Bush Proposal Faces Tough Odds in Senate": The Washington Post contains this article today, along with a Washington Sketch column by Dana Milbank entitled "Bush's Bill Suffers a Torturous Day in Committee."

The Los Angeles Times reports today that "2 Drafted for Vote on Terror Bill; After an early defeat, a House panel finds two missing members to help pass Bush's military tribunals bill; Wiretaps measure also moves on."

And The Hill reports that "House judiciary panel pulls off victory on military tribunal bill."
Posted at 08:28 AM by Howard Bashman



"Ex-Nazi guard says she 'did nothing wrong' -- and her silence 'was my business'": This article appears today in The San Francisco Chronicle.
Posted at 08:23 AM by Howard Bashman


"Judge Delays Trial Date for Milberg Weiss Case": The Los Angeles Times today contains an article that begins, "The possibility of more indictments involving class-action law giant Milberg Weiss Bershad & Schulman caused the Los Angeles judge in the case Wednesday to postpone setting a trial date for the five defendants already charged."
Posted at 08:21 AM by Howard Bashman


"Library's ban on prayer service upheld on appeal; Judges rule 2-1 that distinction between worship, other meetings is constitutional": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage appears here and here.
Posted at 08:20 AM by Howard Bashman


"Attempt to Settle Skid Row Suit Fails; Rebuffing Villaraigosa, the council rejects a plan to let the homeless sleep on sidewalks at night": This article appears today in The Los Angeles Times. The newspaper also contains an op-ed by Ramona Ripston, the wife of Ninth Circuit Judge Stephen Reinhardt, entitled "Homelessness Isn't a Crime; The City Council scuttles a skid row compromise that would've done something to help the homeless."

And The New York Times reports today that "Deal on Homeless Camps Falls Through in Los Angeles."
Posted at 08:14 AM by Howard Bashman



"Justice Dept. Amends Remark on Torture Case": The New York Times today contains an article that begins, "In an embarrassing turnabout, the Department of Justice backed away Wednesday from a denial by Attorney General Alberto R. Gonzales of responsibility for the treatment of a Canadian who was seized by American authorities in 2002. The man was deported to Syria, where he was imprisoned and beaten."
Posted at 07:53 AM by Howard Bashman


"Plan to Break Up 9th Circuit Court Faces Opposition; Judges, politicians and law professors line up against the move that some conservatives seek": Henry Weinstein has this article today in The Los Angeles Times.

The prepared texts of statements delivered at yesterday's Senate Judiciary Committee hearing can be accessed via this link.
Posted at 07:48 AM by Howard Bashman



"Freelance journalist gets prison reprieve": Today's edition of The San Francisco Chronicle contains an article that begins, "Freelance journalist Josh Wolf was given a two-day extension Wednesday to produce outtakes of video footage he shot at a protest last year or return to prison. Wolf, 24, was to have reported to the Federal Correctional Institution in Dublin by 1 p.m. Wednesday. About 11:15 a.m., he received a last-minute order from the Ninth U.S. Circuit Court of Appeals in San Francisco giving him a 48-hour extension."

And "The Huffington Post" blog offers a post titled "A Last Meal with Josh Wolf."
Posted at 07:40 AM by Howard Bashman



Wednesday, September 20, 2006

Available online from law.com: Tony Mauro reports that "High Court Advocate Gets a Little Help From Friends on Missed Deadline."

In other news, "Patent Litigator Aims to Be the Supreme Court IP Specialist."

And an article reports that "Picketers' Own Story Spoiled Their Suit Before 9th Circuit."
Posted at 11:44 PM by Howard Bashman



"Measures Seek to Restrict Detainees' Access to Courts": This article will appear Thursday in The New York Times.
Posted at 11:40 PM by Howard Bashman


"Government urges review of parents' IDEA role": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Justice Department on Wednesday urged the Supreme Court to clarify when a non-lawyer parent of a disabled child may file a lawsuit, without a lawyer, to enforce the child's rights under the Individuals with Disabilities Education Act."
Posted at 08:54 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Sept. 11 Figure Faces Guantanamo Hearing" and "Fla. Inmate Who Had Won Stay Is Executed."
Posted at 08:40 PM by Howard Bashman


"Appeals court says public libraries can bar religious services": David Kravets of The Associated Press provides this report.

My earlier coverage appears here and here.
Posted at 06:58 PM by Howard Bashman



"Hong Kong court upholds decision saying sodomy laws are discriminatory": The Associated Press provides a report that begins, "The Hong Kong government lost an appeal Wednesday of a High Court ruling against a law that says men younger than 21 who engage in sodomy should be jailed for life."

According to the article, "The laws were first challenged by William Roy Leung, a then 20-year-old gay man who argued he should be able to have a loving relationship without the fear of imprisonment. In last August's ruling, High Court Judge Michael Hartmann sided with Leung, saying the laws against sodomy infringed on the rights of privacy and equality for gay men. While gay men caught engaging in sodomy when either is under 21 face life imprisonment, heterosexual couples can legally have sex at age 16. The government appealed the August ruling after it stirred an uproar among Christian groups, who have vigorously campaigned against gay sexual rights. On Wednesday, the Court of Appeal dismissed the government's appeal."

You can access today's ruling, in English, by clicking here.
Posted at 06:05 PM by Howard Bashman



"The Roberts Court: What Can This Term Tell Us About the Future of the Court?" That's the subject of this week's broadcast of the public radio program "Justice Talking." The broadcast featured journalist Joan Biskupic and Law Professors Richard Epstein and Kathleen Sullivan. You can access the audio online in both Windows Media and mp3 formats. For those who prefer text over audio, a transcript of the broadcast can be accessed here.
Posted at 06:00 PM by Howard Bashman


"Justice weighs in on campaigning by judges": The St. Cloud (Minn.) Times today contains an article that begins, "New rules for how Minnesotans elect judges could affect the perception of their impartiality, Minnesota Supreme Court Justice Alan Page told a St. Cloud audience Tuesday."
Posted at 05:33 PM by Howard Bashman


"Remedying Judicial Inactivism: Opinions as Informational Regulation." Law Professor Chad M. Oldfather has this article (abstract with links for download) online at SSRN. Speaking of inactivism, it took three increasingly plaintive emails from Chad to motivate me to compose and publish this desultory post.

Those conversant with the long history of "How Appealing" may recall this blog's first-ever Chad Oldfather post from July 2002.
Posted at 05:04 PM by Howard Bashman



"Clues scattered in Lafave's denial, deflection of blame": Columnist Sue Carlton has this op-ed today in The St. Petersburg Times.
Posted at 04:48 PM by Howard Bashman


"Fla. Inmate Who Had Won Stay Set to Die": The Associated Press provides a report that begins, "The execution of a condemned man who had argued that Florida's use of lethal injections amounted to cruel and unusual punishment was set to go ahead Wednesday after the U.S. Supreme Court narrowly denied him a stay."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court refuses to delay Hill execution."
Posted at 04:44 PM by Howard Bashman



"Compensation Woes Threaten Recruitment and Retention in Federal Judiciary": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 04:15 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "McCain Battles Bush over Detainee Treatment Rules" and "What's Behind Bush's Push to Redefine Article 3?" (RealPlayer required).
Posted at 03:35 PM by Howard Bashman


"2 Chronicle reporters at center of media, government standoff": The San Francisco Chronicle today contains an article that begins, "Two Chronicle reporters will appear in court Thursday to tell a federal judge why they shouldn't be jailed for refusing to reveal who leaked them confidential grand jury testimony they reported in exposing the use of performance-enhancing drugs by elite athletes." Earlier today, I linked here to a related article.
Posted at 03:33 PM by Howard Bashman


"Gray is Beautiful: Why Congress shouldn't write interrogation rules." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 03:28 PM by Howard Bashman


"School Colors: This fall, the debate over racial preferences in education returns to the national stage; But this divisive issue just isn't what it used to be." Law Professor Jeffrey Rosen will have this essay in this upcoming Sunday's issue of The New York Times Magazine.
Posted at 03:12 PM by Howard Bashman


If prayer in a public library is prohibited, what about prayer in a public middle school? Apropos of today's Ninth Circuit ruling (which I cover in more detail at this link), a reader emails to advise that next Thursday the U.S. Court of Appeals for the Second Circuit will hear oral argument in a similar case involving the efforts of Bronx Household of Faith, a Christian church, to rent space in a New York City public middle school to conduct Sunday morning meetings that include worship.

In November 2005, U.S. District Judge Loretta A. Preska issued a decision ruling in favor of the church and requiring the school to rent space to the church. Toward the conclusion of her decision, Judge Preska wrote: "Accordingly, I find unconstitutional the enforcement of Present SOP § 5.11 to bar Plaintiffs from holding Sunday morning meetings that include worship in P.S. 15 or any other New York City public school." And in the final paragraph of her ruling, Judge Preska wrote: "Defendants are permanently enjoined from enforcing Present SOP § 5.11 so as to exclude Plaintiffs or any other similarly situated individual from otherwise permissible after-school and weekend use of a New York City public school."

Update: The Second Circuit's earlier ruling in ths case, at the preliminary injunction stage, issued in June 2003 and consisted of a majority opinion and a dissenting opinion. My original coverage of that ruling can be accessed here.
Posted at 02:20 PM by Howard Bashman



View live, online this afternoon's Senate Judiciary Committee hearing on "Examining the Proposal to Restructure the Ninth Circuit": The hearing has just begun, and you can view the proceedings by clicking here (RealPlayer required).

I have uploaded at this link the prepared testimony of Ninth Circuit Judge Diarmuid F. O'Scannlain, who supports dividing the court on which he now serves.

The organization Earthjustice has compiled a comprehensive collection of links in opposition to splitting up the Ninth Circuit.
Posted at 02:00 PM by Howard Bashman



Divided three-judge Ninth Circuit panel reverses federal district court's grant of a preliminary injunction in favor of an evangelical Christian church seeking access to a public library meeting room to conduct, among other activities, religious worship services: You can access today's ruling at this link.

Senior U.S. District Judge Lawrence K. Karlton -- who in my view erroneously punted when deciding the latest round of Michael A. Newdow's ongoing Pledge of Allegiance challenge -- sat by designation on today's three-judge Ninth Circuit panel. Judge Karlton issued a concurring opinion in which he states:

In any event it is simply beyond cavil that the instant case does not present a close question. Appellees have been completely candid in acknowledging that the purpose of the meetings they proposed to hold on public property is "Prayer, Praise and Worship Open to [the] Public, Purpose to Teach and Encourage Salvation thru Jesus Christ and Build Up Commun[ity]." To assert an inability to conclude that purpose is religious in every sense, is to engage in the kind of sophistry that gives the law a bad name. It may be that the majority of the Supreme Court really has doubt about the ability to distinguish between religious practice and secular speech. If so, they need only leave their chambers, go out in the street and ask the first person they meet whether in the instant case the conduct is religious in character. It is simply untenable to insist that there is no difference between a prayer and e.g. political speech. To coin a phrase, one can only pray for the court’s enlightenment.
Circuit Judge Richard C. Tallman dissents in an opinion that begins, "The 'Religious Use' exclusion is impermissible viewpoint discrimination because Contra Costa County opened its public meeting room at the Antioch Library to the community in order 'to encourage [its use] for educational, cultural and community related meetings, programs and activities.'"

In prior press coverage of this dispute, Bob Egelko of The San Francisco Chronicle has reported that "Feds back church's bid to meet at library; Bush lawyers argue that barring worship is unconstitutional." Even earlier, the newspaper published an article headlined "Injunction for church to meet at library."
Posted at 12:52 PM by Howard Bashman



A lawsuit over bread: Lots of lawsuits concern bread, if you define the term to mean money. Today, however, the U.S. Court of Appeals for the Federal Circuit issued an opinion that states, "The patent in this case relates to breadmaking."
Posted at 11:40 AM by Howard Bashman


"Examining the Proposal to Restructure the Ninth Circuit": That's the title of a hearing the Senate Judiciary Committee will conduct at 2:00 p.m. eastern time today. You can access the witness list at this link. It appears that the Judiciary Committee plans to broadcast video of the hearing live over the internet. If that occurs, I'll post a link to the video stream once the hearing gets underway.
Posted at 11:05 AM by Howard Bashman


And the winner is: Back on September 1, 2006, The Lincoln Journal Star published an article headlined "Governor will choose top justice from two judges, federal prosecutor" that begins, "The next chief justice of the Nebraska Supreme Court will be a U.S. attorney, a district judge or a justice already on the court."

At long last, today The Associated Press reports here that "U.S. Attorney Mike Heavican was named Wednesday as the chief justice of the Nebraska Supreme Court."
Posted at 11:00 AM by Howard Bashman



"U.S. Judiciary Agrees to Greater Transparency": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:28 AM by Howard Bashman


"Breyer Commission Finds Handling of Probe Involving L.A. Jurist 'Inconsistent' With Law": Today in The Los Angeles Times, Henry Weinstein has an article that begins, "On the eve of a long-awaited congressional hearing into the possible impeachment of a Los Angeles judge, a commission headed by U.S. Supreme Court Justice Stephen Breyer said Tuesday that the federal appeals court in San Francisco had bungled an investigation of 82-year-old jurist Manuel L. Real."

And today in The Daily Journal of California, Lawrence Hurley has an article headlined "Breyer's Committee Criticizes Dismissal of Judge Real Ethics Problem," while Brent Kendall reports that "Panel Likes Handling of Most Misconduct Cases; But Federal Judiciary Doesn't Do Well With High-Profile Complaints, It Says."

The complete report of the Judicial Conduct and Disability Act Study Committee, chaired by Associated Justice Stephen G. Breyer, can be accessed at this link. The report's discussion of the judicial misconduct complaint against U.S. District Judge Manuel L. Real begins on page 85 of the PDF file, which is page 80 of the report.

Also available online is a press release entitled "Sensenbrenner Statement on Judicial Conference's Report on Implementation of the Judicial Conduct and Disability Act of 1980." According to that press release, "Today's report finds the Judicial Branch bungled all of the matters in which the House Judiciary Committee conducted extensive oversight. Today's report finds the dismissal of the complaint filed by Rep. Howard Coble and I regarding Judge Cudahy was handled incorrectly. Today's report also finds a complaint filed about procedural shenanigans in the Sixth Circuit Court of Appeals involving the University of Michigan's affirmative action admissions program was handled incorrectly. Likewise, the Judicial Branch's investigation into Judge Real's actions was also handled 'inconsistent with our Standards.' Finally, today's report finds the issue related to the truthfulness of Judge Rosenbaum's testimony before the Judiciary Committee was handled improperly."
Posted at 09:02 AM by Howard Bashman



"Ruling Against Santa Ana's English-Only Recall Petitions Is Reversed; Requiring multiple-language forms would discourage citizens from launching such efforts, a federal appeals court says": This article appears today in The Los Angeles Times.

And The Monterey County Herald reports today that "Court says Spanish not necessary for petitions; Ruling clears way for two land-use ballot measures."
Posted at 08:58 AM by Howard Bashman



"Dissidents' Detainee Bill May Face Filibuster; Frist Warns GOP Opponents of Bush's Proposal They Must Accept Two Key Provisions": The Washington Post contains this article today, along with an article headlined "Red Cross Workers to Meet With 14 Who Were Held in Secret Prisons." The newspaper also contains editorials entitled "Tortured by Mistake: The case of Maher Arar shows why the Bush administration's secret detention program is wrong" and "Wrong Turn on Eavesdropping: Congress should kill both major bills on NSA surveillance and start over." And columnist Harold Meyerson has an op-ed entitled "Into a Moral Desert."

The Los Angeles Times today contains articles headlined "Frist Bashes McCain Bill in GOP Rift on Detainees; The impasse threatens the party's preelection strategy of showing unity against terrorism" and "Deportation to Syria Backed; The attorney general defends a U.S. decision that a Canadian says led to his torture; Ottawa appears ready to lodge a formal protest."

The New York Times contains articles headlined "White House Drops a Condition on Interrogation Bill"; "Canadian Man Tortured in Syria Wants Explanation From U.S."; and "Red Cross Officials to Visit Prisoners at Guantanamo." The newspaper also contains an editorial entitled "Rules for the Real World."

USA Today reports that "House GOP delays vote on president's plan for terror detainees; 4 top Republicans endorse rival Senate bill."

And McClatchy Newspapers provide reports headlined "White House may be willing to compromise on detainee legislation" and "Red Cross delegation will visit detainees at Guantanamo."
Posted at 08:50 AM by Howard Bashman



"3 Changes Ordered in Oversight of Nevada Judges; The state's chief justice announces immediate actions to curb conflicts of interest and other improprieties raised in reports by The Times": This article appears today in The Los Angeles Times.

And The Las Vegas Review-Journal today contains an article headlined "Chief Justice: Rose responds to criticism; L.A. Times articles highlighted problems in judiciary."
Posted at 08:45 AM by Howard Bashman



"Teen abortion law bashed; Democrats call act's revival political ploy": The Chicago Tribune today contains an article that begins, "Calling the Illinois Supreme Court's revival of an abortion law a political move, Democratic lawmakers vowed Tuesday to vigorously fight the resurrection of a parental-notification law passed 11 years ago but never enforced."

The St. Louis Post-Dispatch reports today that "Illinois court action may revive law on notification of abortions."

And The Chicago Sun-Times contains an editorial entitled "Parents need to know if minor child has abortion."
Posted at 08:40 AM by Howard Bashman



"A movement's right-hand man; In the first of many tributes, conservatives mark Henry Hyde's career in the House as he nears retirement": The Chicago Tribune contains this article today.
Posted at 08:35 AM by Howard Bashman


"Bid to Settle Homeless Suit Causes No Celebration on Skid Row; Business owners and others say a city proposal to outlaw daytime tent cities will do little and may make matters worse": This article appears today in The Los Angeles Times, along with an article headlined "Perry Troubled by Bid to Settle Homeless Lawsuit; The councilwoman who represents skid row says lawyers she hired to review the ACLU settlement found no benefit for the city."

Today's newspaper also contains an editorial entitled "Unsettling Skid Row: City Council should approve the enforcement guidelines, but keep its legal options open." And Brady Westwater has an op-ed entitled "Handing Skid Row to Drug Pushers: The city's plan to legalize overnight sidewalk encampments protects the dealers who prey on skid row's homeless."

I previously wrote about the Ninth Circuit's ruling in the case in an installment of my law.com "On Appeal" column headlined "Arresting the Homeless Is Unconstitutional? Where the 9th Circuit Went Wrong."
Posted at 08:28 AM by Howard Bashman



"Maximum term, 18 months, sought to 'send a message'": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Federal prosecutors have asked a judge to sentence two Chronicle reporters to 18 months in prison, the maximum allowed by law, to pressure them into revealing their sources of grand jury testimony about athletes using performance-enhancing drugs."
Posted at 08:24 AM by Howard Bashman


"'Nice, Sweet Lady,' 83, Deported for Nazi Past; The former SS guard kept her secret buried, even from her Jewish husband; Now exposed, the Bay Area widow, 83, is back in Germany": This article appears today in The Los Angeles Times.

And The San Francisco Chronicle today contains an article headlined "Her secret past as a Nazi guard: S.F. immigrant married Holocaust survivor, attended synagogue."
Posted at 08:20 AM by Howard Bashman



"Chaos in Sentencing": Andrew Cohen has this essay today at washingtonpost.com.
Posted at 08:13 AM by Howard Bashman


"Mob Figure Is Investigated in Plot to Kill Judge in Case": This article appears today in The New York Times.
Posted at 08:02 AM by Howard Bashman


"Federal Judges Take Steps to Improve Accountability": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Judges Alter Rules for Sponsored Trips."

And in USA Today, Joan Biskupic reports that "Federal judges get new disclosure rules; At issue: Attendance at sponsored events."
Posted at 08:00 AM by Howard Bashman



"Court backs inspection of welfare-applicant homes": Today's edition of The San Diego Union-Tribune contains an article that begins, "A federal appeals court ruled yesterday that San Diego County's program of using peace officers to inspect homes of welfare applicants without a warrant is constitutional."

My earlier coverage appears at this link.
Posted at 07:52 AM by Howard Bashman



"Charges dropped in O'Hare penis pump scare": This article appeared last Thursday in The Chicago Sun-Times.

The Associated Press reported that "Police Go Soft On Penis Pump Traveler."

And columnist Eric Zorn of The Chicago Tribune last Thursday had an op-ed entitled "Truth, justice, sex aids and the American way."
Posted at 07:45 AM by Howard Bashman



"New Rules Mean Shift Toward Accountability for Judiciary; Chief justice holds rare press conference to applaud both of Tuesday's actions": law.com's Tony Mauro provides this report.
Posted at 07:44 AM by Howard Bashman


"Alexander leads hotly contested Supreme Court race over Groen": This article appears today in The Seattle Times.

The Seattle Post-Intelligencer reports today that "Alexander holding ground against Groen; Chambers re-elected; Owens runoff likely."

And The Olympian of Olympia, Washington provides this report.
Posted at 07:40 AM by Howard Bashman



"O'Connor's wisdom, wit dedicate new law school": The News-Record of Greensboro, North Carolina contains this article today. My earlier coverage appears here.
Posted at 06:47 AM by Howard Bashman


"Michigan vote to end preferential treatment could sway other states": Steven Thomma of McClatchy Newspapers provides commentary that begins, "Jennifer Gratz insists it's not about her. But her life serves as one inspiration for the campaign she's mounting this fall to ban race, gender and other preferences in state hiring, contracts and school admissions in Michigan."
Posted at 06:44 AM by Howard Bashman


Tuesday, September 19, 2006

"Justice Sandra Day O'Connor dedicates Elon law school": Elon University in North Carolina issued this news release today. You can access audio of a portion of Justice O'Connor's remarks by clicking here.

News 14 Carolina provides a video report (Windows Media Player required).

And The Associated Press reports that "O'Connor encourages Elon students to defend judiciary."
Posted at 09:05 PM by Howard Bashman



"Florida to execute killer despite debate": Reuters provides a report that begins, "Florida is scheduled to execute a man on Wednesday, whose case touched off a round of legal battles over the use of lethal injection to kill criminals. If the U.S. Supreme Court does not issue another stay, Clarence Hill, 48, will be put to death for the 1982 murder of a Pensacola police officer."
Posted at 08:54 PM by Howard Bashman


In today's edition of The Newark (N.J.) Star-Ledger: The newspaper contains an article headlined "No transfer by race in fire department; Federal court rebuffs Newark." My earlier coverage appears at this link.

And in other news, "Med student charged in theft from cadaver; UMDNJ grad accused of giving hand to exotic dancer."
Posted at 08:45 PM by Howard Bashman



The Associated Press is reporting: In news from Washington State, "Three seats on the state Supreme Court up for grabs."

And an article reports that "Nevada high court reacts to judicial misconduct reports."
Posted at 08:42 PM by Howard Bashman



"Just how far can CIA interrogators go? Defining limits on 'alternative' interrogation methods is major concern of key US lawmakers." This article will appear Wednesday in The Christian Science Monitor.
Posted at 06:08 PM by Howard Bashman


"Rulings Mean Shift Toward Accountability": law.com's Tony Mauro provides a news update that begins, "Responding to complaints about judicial junkets and conflicts of interest, the Judicial Conference on Tuesday enacted new rules to force judges to use conflict-checking software and to promptly disclose their participation in privately sponsored seminars for which they are reimbursed."
Posted at 06:05 PM by Howard Bashman


"Judicial term limits ripped; Ex-governors, Owens slam idea; A leading supporter of Amendment 40 dismisses critics from both parties as 'political insiders'": The Denver Post today contains an article that begins, "Colorado's three living former governors and its current chief executive say they oppose a November ballot initiative that would term-limit state Supreme Court justices and Court of Appeals judges."

And The Rocky Mountain News today reports that "Owens, 3 former guvs rip plan for judges."
Posted at 06:03 PM by Howard Bashman



"Responding to Hamdan: Crafting Legislation to Prosecute Terrorist War Criminals and Preserve Valuable Interrogations." The U.S. Senate's Republican Policy Committee issued this policy paper today.
Posted at 05:55 PM by Howard Bashman


"Federal Judges Step Up Disclosure": The Associated Press provides a report that begins, "Federal judges decided Tuesday to require faster and fuller disclosure of their expense-paid trips, a response to criticism that the travel could undermine the public's faith in an impartial judiciary."

My earlier post on this subject appears here.
Posted at 05:05 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Risks of Redefining Conventions on POW Treatment" (featuring Dahlia Lithwick) and "Torture Case Puts Spotlight on U.S. Extraditions." RealPlayer is required to launch these audio segments.
Posted at 03:40 PM by Howard Bashman


Access online the statement of U.S. Senator Patrick J. Leahy (D-VT), ranking Democratic member of the Senate Judiciary Committee, prepared for delivery at today's Special Executive Business Meeting: You can access the statement at this link. The statement appears to contain good news for a certain Third Circuit nominee but not such good news for a certain D.C. Circuit nominee.
Posted at 03:30 PM by Howard Bashman


No Muppets were harmed in the filming of this appellate court opinion: At "Above the Law," David Lat comments here on today's Seventh Circuit ruling in Piggee v. Carl Sandburg College.

And Paul Mollica comments on the ruling at "Daily Developments in EEO Law."

My earlier coverage appears at this link.
Posted at 03:25 PM by Howard Bashman



"Gonzales Wants ISPs to Save User Data": The Associated Press provides a report that begins, "Attorney General Alberto Gonzales said Tuesday that Congress should require Internet service providers to preserve customer records, asserting that prosecutors need them to fight child pornography."
Posted at 02:28 PM by Howard Bashman


Divided three-judge Ninth Circuit panel holds that San Diego County's welfare eligibility program, requiring all welfare applicants to consent to a warrantless home visit as a condition of eligibility, does not violate applicants' rights under the United States Constitution, the California Constitution, or California welfare regulations prohibiting mass and indiscriminate home visits: To quote the first paragraph of the majority opinion slightly out of context, the Ninth Circuit holds that the policy "100% does not violate the United States Constitution, the California Constitution, or California welfare regulations." You can access today's ruling at this link.
Posted at 02:22 PM by Howard Bashman


"Ninth Circuit Decides Padilla v. Lever, Holding 14-1 That Recall Petitions (and likely Initiative Petitions) Need Not Be Translated to Comply with Language Provisions of the Voting Rights Act": At his "Election Law" blog, Rick Hasen has this post about today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:15 PM by Howard Bashman


"Press Release Regarding the Judicial Conduct and Disability Study Committee Report": The Public Information Office of the Supreme Court of the United States issued this press release today.

The so-called "Breyer Committee" report can be accessed here.

At "SCOTUSblog," Lyle Denniston covers the report's release in this post.
Posted at 02:10 PM by Howard Bashman



"Conference Moves to Enhance Judges' Accountability, Ethical Compliance": The Administrative Office of the U.S. Courts issued this news release today.

The news release begins, "The Judicial Conference of the United States today approved two policies aimed at aiding and enhancing judges' compliance with established ethical obligations. The Conference voted to require all federal courts to use conflict-checking computer software to identify cases in which judges may have a financial conflict of interest and should disqualify themselves. It also approved a new policy requiring greater disclosure by both those who provide privately funded educational programs for judges and the judges who attend such programs."

The policy requiring greater disclosure by both those who provide privately funded educational programs for judges and the judges who attend such programs can be accessed here. And the Mandatory Conflict Screening Policy can be accessed here.
Posted at 02:02 PM by Howard Bashman



"In September 2002, Martha Louise Piggee, who was then a part-time instructor of cosmetology at Carl Sandburg College, gave a gay student two religious pamphlets on the sinfulness of homosexuality." So begins an opinion that the U.S. Court of Appeals for the Seventh Circuit issued today.

The opinion continues, "The student was offended and complained to college officials. After the college looked into the matter, it found that Piggee had sexually harassed the student. It admonished her in a letter to cease such behavior, and the following semester it chose not to retain her." Thereafter, Piggee filed a federal civil rights lawsuit against the college, the members of its board of trustees, and various college administrators, including one "whose offense was to clean out Piggee's refrigerator and throw away her noodles at some point during the spring of 2003."

Today's ruling affirms the federal district court's entry of summary judgment in favor of the defendants.
Posted at 12:30 PM by Howard Bashman



Dear en banc Third Circuit, Booker eliminates the rationale for Kikumura: So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, in an opinion by Circuit Judge Richard A. Posner. Judge Posner's opinion issued today notes that the Third Circuit itself has recently overruled Kikumura, but Judge Posner's opinion fails to note that the decision overruling Kikumura was itself vacated when the Third Circuit granted rehearing en banc in that case.

As for what's up with Yu Kikumura himself, this recent earlier post provides some details.
Posted at 12:10 PM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Western Voters Consider Property Rights Changes"; "President Haggles with Senators Over Detainee Treatment"; and "Canada Finds Citizen Improperly Sent by U.S. to Syria" (RealPlayer required).
Posted at 11:00 AM by Howard Bashman


The Tennessean is reporting: Today's newspaper contains articles headlined "Selection of new high court justice headed to court; Governor is suing judicial commission for 'game playing'" and "Holton gets execution reprieve; High court upholds judges' stay; killer files own last-minute petition."
Posted at 10:12 AM by Howard Bashman


"Judge Real Is Set to Testify in Washington; Federal Jurist, 81, Faces GOP Calls for Impeachment": Lawrence Hurley and Drew Combs have this article today in The Daily Journal of California.

I wrote about this dispute back in May 2006 in an installment of my law.com "On Appeal" column headlined "Exaggerations Plague Debate Over Need for Judicial Inspector General."
Posted at 08:40 AM by Howard Bashman



"Bush offers concession on terror suspects' rights": This article appears today in The Washington Times.

The Los Angeles Times reports today that "McCain Stand Comes at a Price; Battling Bush over rules for detainee treatment, senator jeopardizes his courtship of the right."

The Washington Post contains articles headlined "McCain's Stand On Detainees May Pose Risk For 2008 Bid; Opposition to Bush Could Alienate Republican Base" and "Bush Detainee Plan Adds to World Doubts Of U.S., Powell Says; Ex-Secretary of State Defends Conventions." In addition, columnist Eugene Robinson has an op-ed entitled "Torture Is Torture: Bush's 'Program' Disgraces All Americans," while columnist Richard Cohen has an op-ed entitled "Time for Integrity: McCain Should Stick to His Principles."

USA Today contains an editorial entitled "Rules for interrogating terrorists? Yes. Torture? No. Ask those who know firsthand: Geneva Conventions matter." And John D. Negroponte has an op-ed entitled "Support U.S. intelligence: Clarifying our treaty obligations would not harm nation's troops."

Finally, online at OpinionJournal, Brendan Miniter has an essay entitled "When Miranda Met Osama: Will terrorists get lawyers the moment they're captured on the battlefield?"
Posted at 08:27 AM by Howard Bashman



"State court revives teen abortion law; 1995 act was on hold because of legal wrangling": The Chicago Tribune today contains an article that begins, "In a victory for those seeking stricter limits on abortion, the Illinois Supreme Court decided Monday to revive a long-dormant state law that prohibits minors from obtaining abortions without notifying a parent."
Posted at 08:20 AM by Howard Bashman


"Journalist held in contempt ordered back to jail": The Associated Press provides a report from San Francisco that begins, "A freelance video journalist who has refused a federal grand jury's subpoena to turn over his footage of a political protest will return to jail, after an appeals court ordered his bail revoked."

And The San Francisco Chronicle reports today that "Bail revoked for journalist in contempt case."
Posted at 08:02 AM by Howard Bashman



"A Jurist's Argument for Bending the Constitution": This review, by Michiko Kakutani, of Seventh Circuit Judge Richard A. Posner's book "Not a Suicide Pact: The Constitution in a Time of National Emergency" appears today in The New York Times.
Posted at 07:55 AM by Howard Bashman


"Judicial Politics Run Amok": The New York Times today contains an editorial that states, "Today's round of judicial elections in Washington State points to the seriousness of the problem and its threat to judicial integrity, independence and impartiality."
Posted at 07:45 AM by Howard Bashman


"U.S. court stays Wecht trial": This article, in which I am quoted, appears today in The Pittsburgh Tribune-Review.

And The Pittsburgh Post-Gazette reports today that "U.S. appeals court freezes Wecht's trial; Considers request from ex-coroner to remove judge."
Posted at 06:40 AM by Howard Bashman



"Two More State Supreme Courts Uphold Grandparent Visitation Laws - Despite the Supreme Court's Holding that They Can Be Unconstitutional": Joanna Grossman has this essay online today at FindLaw.
Posted at 06:38 AM by Howard Bashman


Monday, September 18, 2006

"Experts Say Bush's Goal in Terrorism Bill Is Latitude for Interrogators' Methods": The New York Times on Tuesday will contain this article.

And The Washington Post on Tuesday will report that "White House Offers New Proposal on Interrogations."
Posted at 11:30 PM by Howard Bashman



"Canadian Was Falsely Accused, Panel Says; Muslim Held by U.S. Was Sent to Syria For Interrogation": This front page article will appear Tuesday in The Washington Post.

And Tuesday's edition of The New York Times will report that "Canadians Fault U.S. for Its Role in Torture Case."

You can access the Arar Commission's report at this link.
Posted at 11:23 PM by Howard Bashman



In Tuesday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Inmate Awaits Final Ruling on Lethal Injection" and "Proposal on Military Chaplains and Prayer Holds Up Bill."
Posted at 11:15 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Condemned Fla. Inmate Hopes for 2nd Stay" and "Fla. Judge Scolded for Ethics Violations."
Posted at 11:08 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "White House to Revise Terror Proposal" and "Lawyers Go to Court for Gitmo Detainee."
Posted at 08:45 PM by Howard Bashman


"Bad Party Line: All the reasons to hate Bush's wiretapping bill." Law Professor Bruce Ackerman has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman


Divorce and disposable military retirement pay: Today, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit upheld a ruling in favor of the Secretary of Defense in a lawsuit brought by current and retired members of the armed forces whose retirement pay has been divided in state divorce proceedings. Anyone desiring the details of today's complex ruling can access it here.
Posted at 05:30 PM by Howard Bashman


"Wecht trial delayed while attorneys wait for appeals court ruling": The Associated Press provides this report.

And The Pittsburgh Tribune-Review provides a news update headlined "Wecht trial in jeopardy."

My earlier coverage appears at this link.
Posted at 05:17 PM by Howard Bashman



In today's mail: The Summer 2006 issue of The Green Bag (table of contents not yet available online).

And a reader emails to draw my attention to the fact that a Justice Antonin Scalia bobblehead doll is now being auctioned on eBay, where the high bid is currently $250.00.
Posted at 04:15 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Senate GOP, White House Work on Interrogation Deal" and "The Origins of the Geneva Conventions" (RealPlayer required).
Posted at 03:20 PM by Howard Bashman


"The Battle for Guantanamo": This audio segment (available online in both RealPlayer and Windows Media Player formats) appeared on today's broadcast of the public radio program "On Point."
Posted at 03:15 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Anti-Abortion Group Fights Campaign Law" and "Court Issues Stay in Tenn. Execution."
Posted at 02:50 PM by Howard Bashman


U.S. Court of Appeals for the Ninth Circuit rejects facial challenge to the constitutionality of a San Diego County ordinance limiting residential picketing: You can access today's ruling at this link.
Posted at 02:45 PM by Howard Bashman


"Paul Roney, prominent U.S. judge, dies at 85; A champion of civil rights, he was a pillar in the civic community and influenced many lawyers": This obituary appears today in The St. Petersburg Times.

The Tampa Tribune contains an obituary entitled "Former Chief Judge Was Dedicated To Work."

And the blog "Abstract Appeal" provides a post titled "Judge Roney Passes."
Posted at 02:40 PM by Howard Bashman



"[T]his case is about whether the City of Newark may employ a race-based transfer and assignment policy when any racial imbalance in the 108 fire companies is not the result of past intentional discrimination by the City. We hold that it may not and, accordingly, will reverse the District Court's entry of judgment for the defendants." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued an opinion that begins:
On July 1, 2002, Sharpe James, newly re-elected as Mayor of Newark, New Jersey, issued a "mandate" in his inaugural speech that, "to improve morale," all single-race fire companies in the Newark Fire Department would be eliminated. The racial composition of each of the 108 fire companies was thereafter examined, and dozens of firefighters were involuntarily transferred to different companies solely on the basis of their race. In January 2004, Mayor James announced that "[w]e have created a rainbow at each firehouse." The firefighters sued, and lost.
And today's opinion ends:
We conclude this opinion as we began, by reiterating what this case is not about. It is not about remedying intentional discrimination in the Newark Fire Department. It is not about improving the Department's ability to extinguish fires. It is not about whether diverse work places are good for employees or for society or whether long-range hiring goals are being met. This case is about whether Newark can "create[ ] a rainbow" in each of the 108 companies solely by means of a racial classification. We hold that it cannot. Racial balancing, and that is what this is, simply cannot be achieved by means of a racial classification without running afoul of the Equal Protection Clause of the Constitution. Accordingly, we will reverse the order of the District Court, and remand for further proceedings consistent with this opinion.
You can access the complete ruling at this link.
Posted at 01:02 PM by Howard Bashman


"In combination, the ballot access requirements for independent legislative candidates in Illinois--the early filing deadline, the 10% signature requirement, and the additional statutory restriction that disqualifies anyone who signs an independent candidate's nominating petition from voting in the primary--operate to unconstitutionally burden the freedom of political association guaranteed by the First and Fourteenth Amendments." That's the conclusion that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reached in an opinion issued today. Circuit Judge Diane S. Sykes wrote the opinion.

The decision goes on to explain, "Ballot access barriers this high--they are the most restrictive in the nation and have effectively eliminated independent legislative candidacies from the Illinois political scene for a quarter of a century--are not sustainable based on the state's asserted interest in deterring party splintering, factionalism, and frivolous candidacies."

Update: At his "Election Law" blog, Rick Hasen provides these thoughts about the ruling.
Posted at 12:50 PM by Howard Bashman



"Gonzales Defends Interrogation Methods": Hope Yen of The Associated Press provides this report.
Posted at 12:33 PM by Howard Bashman


My "20 questions for the appellate judge" interview with Ninth Circuit Judge Stephen Reinhardt quoted today in The Los Angeles Times: As I noted here earlier this morning, David G. Savage today has an article headlined "Did Victim's Photo Prejudice a Jury? Another ruling by the liberal-leaning 9th Circuit comes under Supreme Court review" in The Los Angeles Times. As posted online, page two of that article quotes from my "20 questions for the appellate judge" interview with Judge Reinhardt. You can access the complete interview by clicking here.
Posted at 12:00 PM by Howard Bashman


"Wecht lawyers take judge dispute to appeals court": Jason Cato had this article last Wednesday in The Pittsburgh Tribune-Review.

And The Pittsburgh Post-Gazette reported last Wednesday that "Lawyers for Wecht, U.S. clash; Defense presses for ouster of trial judge."

Today, I have been reliably informed that the U.S. Court of Appeals for the Third Circuit last Friday entered an order staying the case, which had been scheduled for trial on October 16, 2006.
Posted at 10:54 AM by Howard Bashman



"When Terrorists Talk... The president has a power to listen that lies beyond FISA's scope." John Schmidt has this essay (free access) today in Legal Times.
Posted at 10:28 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Western Voters Weigh Shift in Property Rights"; "Guantanamo Tightens Security After Prisoner Riot"; "President Bush Keeps the Focus on Terrorism"; and "House Considers Changes to Church-and-State Suits" (RealPlayer required).
Posted at 10:24 AM by Howard Bashman


"When Can an Inmate 'Volunteer' for Death? 9th Circuit rejects a competent inmate's decision to abandon legal challenge to his capital sentence." The new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 08:42 AM by Howard Bashman


Available online from The Nation: The magazine's October 2, 2006 issue will contain an editorial entitled "Lawless 'Compromises.'"

And Jeremy Brecher and Brendan Smith have an essay entitled "Torture and the Content of our Character."
Posted at 08:40 AM by Howard Bashman



"Compromise Called Possible on Interrogations": This article appears today in The New York Times. And columnist Bob Herbert has an op-ed entitled "The Kafka Strategy" (TimesSelect subscription required).

Today's issue of USA Today contains articles headlined "Compromise on CIA interrogations possible; Key GOP senators, Bush at odds" and "At issue: How suspects are treated."

The Los Angeles Times reports that "Negroponte Says Ruling Halted 'Tough' CIA Methods; The intelligence chief cites 'legal uncertainties' about terrorism-related interrogations since the Supreme Court case."

The Washington Times reports that "Republicans see compromise on terror detainees."

The Wall Street Journal contains an editorial entitled "Geneva Contention: Does John McCain favor the CIA interrogations or not?"

And in The Washington Post, Tom Malinowski has an op-ed entitled "Call Cruelty What It Is."
Posted at 08:34 AM by Howard Bashman



"Did Victim's Photo Prejudice a Jury? Another ruling by the liberal-leaning 9th Circuit comes under Supreme Court review." David G. Savage has this article today in The Los Angeles Times.
Posted at 08:23 AM by Howard Bashman


"Ginsburg, at UA, lauds 2 Arizona justices": This article appeared last Thursday in The Arizona Daily Star.

Related video coverage from KOLD News 13 can be accessed via this link.
Posted at 07:55 AM by Howard Bashman



Happy belated birthday to U.S. Supreme Court Justice David H. Souter: His 67th birthday was yesterday.
Posted at 07:50 AM by Howard Bashman


"The 'Bong Hits 4 Jesus' Student Speech Case: With Kenneth Starr Seeking High Court Review Of The Ninth Circuit Decision, Is Someone Blowing Smoke?" Julie Hilden has this essay online at FindLaw.
Posted at 06:45 AM by Howard Bashman


"Blawg Review #75": Available here, at "Concurring Opinions."
Posted at 06:44 AM by Howard Bashman


Sunday, September 17, 2006

"Who says judges are apolitical? Appointing judges is really a job for politicians." Law Professor James Allan had this op-ed in Friday's edition of The Australian.
Posted at 07:54 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "GOP Senators Try for Compromise on Tribunals."

Today's broadcast of "Weekend Edition Sunday" contained an audio segment entitled "Terrorism Tribunals and the Fall Campaign."

And yesterday's broadcast of "Weekend Edition Saturday" contained audio segments entitled "Debate over Terrorism Tribunals Splits GOP" and "Court Case Prompts Hollywood Plagiarism Debate."

RealPlayer is required to launch these audio segments.
Posted at 07:50 PM by Howard Bashman



"Why GOP trio is bucking the White House": Monday's edition of The Christian Science Monitor will contain an article that begins, "For the Bush White House, this week's showdown with the Senate over US treatment of detainees sets up a rematch with a triumvirate of GOP senators who have been the president's strongest supporters in the war in Iraq - and his most effective critics."
Posted at 07:42 PM by Howard Bashman


"Reformers given new life": The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, "As voter outrage started to wane, reform advocates and political organizers believe the state Supreme Court decision reinstating judges' pay raises will re-ignite the voter anger that has already led to the defeat of 16 incumbents and the decision by scores more not to seek re-election." And in related news, "Ruling on raises stalks lawmakers; For them, timing couldn't be worse."

The Philadelphia Inquirer today contains an editorial entitled "The Pay Raise Ruling: Charity begins at home." The editorial begins, "It took some tortured logic to preserve pay raises for more than 1,000 judges in Pennsylvania, but with that kind of motivation, the state Supreme Court was equal to the task. The court's ruling Thursday on cases stemming from the notorious pay raise was awful on several counts."

The Pottstown Mercury contains an editorial entitled "Judges' decision keeps pay raise for themselves."

In The Pittsburgh Tribune-Review, columnist Eric Heyl has an op-ed entitled "Should I get a raise? I vote yes."

In The Reading Eagle, columnist John D. Forester Jr. has an op-ed entitled "State justices make sure they get theirs."

The Sunday Review of Towanda, Pennsylvania contains an editorial entitled "Register outrage over judicial raises in upcoming election."

And The Tribune-Democrat of Johnstown contains an editorial entitled "Back on front burner; Just in time for elections stretch run."
Posted at 04:05 PM by Howard Bashman



"Tribunal Dispute Could Ruin GOP Strategy; Bush-McCain Standoff Over Terrorism Trials Overshadows Electoral Battle": The Washington Post contains this article today, along with an editorial entitled "A License to Abuse: Mr. Bush says he has 'one question' for Congress; The right answer to it is 'no.'"

The Los Angeles Times today contains a lengthy article headlined "Volatile Mix Gets 14 Stirs; At Guantanamo Bay, the arrival of suspected terrorist leaders puts new pressure on the guards and could rouse restive inmates." In addition, a related editorial is entitled "No Rubber Stamp for Bush: The president deserves even more resistance to his method of waging war on terror."

And The Chicago Tribune contains an editorial entitled "Listen to McCain and Powell."
Posted at 03:50 PM by Howard Bashman



"A Bad Amendment: Even if you oppose gay marriage, Virginia's ban would go too far." This editorial appears today in The Washington Post.
Posted at 03:44 PM by Howard Bashman


"Who gets to make decision on end of life? 'Futile-care law' in Texas under fire." The Chicago Tribune contains this article today.
Posted at 03:40 PM by Howard Bashman


"Timely Transcripts at Last: The Supreme Court becomes a bit less bashful." This editorial appears today in The Washington Post.
Posted at 03:10 PM by Howard Bashman


"Major Problems At Polls Feared; Some Officials Say Voting Law Changes And New Technology Will Cause Trouble": The Washington Post today contains a front page article that begins, "An overhaul in how states and localities record votes and administer elections since the Florida recount battle six years ago has created conditions that could trigger a repeat -- this time on a national scale -- of last week's Election Day debacle in the Maryland suburbs, election experts said."

And a related article is headlined "Md. Election Problems Fuel Push for Paper Record; After Primary Day Fiasco, Some Area Officials and Activists Say Electronic Voting Systems Need Backup."
Posted at 03:05 PM by Howard Bashman



"The Battle for Guantanamo": This lengthy article appears today in The New York Times Magazine.
Posted at 02:54 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "U.S. War Prisons Legal Vacuum for 14,000" and "Tenn. Prisoner Set for Electrocution."
Posted at 02:48 PM by Howard Bashman


Opinion pieces published in today's edition of The New York Times: An editorial entitled "Bush Untethered" begins, "Watching the president on Friday in the Rose Garden as he threatened to quit interrogating terrorists if Congress did not approve his detainee bill, we were struck by how often he acts as though there were not two sides to a debate."

Law Professor John Yoo has an op-ed entitled "How the Presidency Regained Its Balance."

And former detainee Abu Bakker Qassim has an op-ed entitled "The View From Guantanamo."
Posted at 02:45 PM by Howard Bashman



"2 Scandals Hang Over Top Tech Lawyer; The head of a firm tied to Silicon Valley's stock options probe is also HP's outside counsel": The Los Angeles Times today contains an article that begins, "He's hardly a household name, but Larry Sonsini is among the handful of people who can take credit for creating the technology powerhouse that is Silicon Valley."
Posted at 08:08 AM by Howard Bashman


"Bizarre divorce saga: A man, a woman and missing millions." The Associated Press provides a report that begins, "Slight, scholarly and enigmatic, H. Beatty Chadwick is doing this day what he has done for the past 4,093: He is sitting in a county jail outside Philadelphia."
Posted at 08:04 AM by Howard Bashman


Saturday, September 16, 2006

"Bagel-shop owner wins appeal to use outdoor advertisements": The Seattle Times today contains an article that begins, "Blazing Bagels owner Dennis Ballen won an appeal to keep his outdoor advertising signs Friday when the 9th U.S. Circuit Court of Appeals affirmed an earlier district-court ruling that the city of Redmond's ban on portable signs is unconstitutional."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:25 PM by Howard Bashman



"Graceless: Did Nancy Grace kill Melinda Duckett?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:33 PM by Howard Bashman


In news from Connecticut: Today in The Hartford Courant, Lynne Tuohy has an article headlined "Sullivan Hearings Delayed" that begins, "The Judicial Review Council Friday canceled next week's hearings into alleged misconduct by former Chief Justice William J. Sullivan at the request of his lawyers, who cited health problems plaguing the 67-year-old judge."

And The Associated Press reports that "Panel Seeks More Open Courts."
Posted at 02:20 PM by Howard Bashman



"Notables Urge India to End 145-Year Ban on Gay Sex": This article appears today in The New York Times.
Posted at 02:12 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "CIA's Suspect Interrogations Scrutinized" and "Bush Digs in Heels Over Detainee Bill."
Posted at 02:10 PM by Howard Bashman


"How 3 G.O.P. Veterans Stalled Bush Detainee Bill": This article will appear Sunday in The New York Times.
Posted at 02:04 PM by Howard Bashman


"Justice visits campus to promote Constitution; Supreme Court Justice Samuel Alito speaks at the School of Law as part of Constitution Week celebration": The Pepperdine University Graphic provides this report.
Posted at 09:25 AM by Howard Bashman


"Ruling gives judges $7.5 million in back pay": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review today contains an article headlined "Back pay for 1,100 Pa. judges could cost taxpayers more than $4.5M" and an editorial entitled "Judges' pay raise: Objection!"
Posted at 09:22 AM by Howard Bashman



"Nevada bar opposes Ensign-backed plan to break up 9th circuit appeals court": The Associated Press provides this report.
Posted at 09:08 AM by Howard Bashman


"The Question of Liability Stirs Concern at the C.I.A." The New York Times contains this article today.

The Washington Post today contains a news analysis headlined "Behind the Debate, Controversial CIA Techniques; Interrogation Options Seen as Vital."

The Los Angeles Times contains articles headlined "Bush Fires Back at Republican Rebels; After four GOP senators oppose his detainee proposal, he warns that the debate's outcome will define whether 'we can protect ourselves'" and "Dispute Centers on Reading of Geneva Convention."

The Chicago Tribune contains articles headlined "Bush bill could hurt war crimes probes; 17 investigations into detainee abuse at issue" and "Bush presses case for terror interrogations; Detainee questioning could end, he warns."

The Boston Globe reports that "Bush raps McCain's detainee proposals; Says measures would cripple war on terror."

And The Washington Times contains an article headlined "Bush: Interrogation vital."
Posted at 09:05 AM by Howard Bashman



Friday, September 15, 2006

"Bush Says G.O.P. Rebels Are Putting Nation at Risk": This article will appear Saturday in The New York Times, along with an article headlined "Military Lawyers Caught in Middle on Tribunals."

The Washington Post on Saturday will contain a front page article headlined "GOP Infighting on Detainees Intensifies; Bush Threatens to Halt CIA Program if Congress Passes Rival Proposal."

The Los Angeles Times provides a news update headlined "Bush, Republican Senators Differ on Interrogation."

And McClatchy Newspapers report that "Position on detainee trials comes at political risk for GOP senators" and "Bush threatens to shut CIA interrogation program."
Posted at 11:25 PM by Howard Bashman



Available online from law.com: Marcia Coyle reports that "New Supreme Court Term Promises Early Drama."

Shannon P. Duffy reports that "Former Reed Smith Partner Selected for 3rd Circuit."

And the brand new installment of my "On Appeal" column is headlined "When Can an Inmate 'Volunteer' for Death? 9th Circuit rejects a competent inmate's decision to abandon legal challenge to his capital sentence."
Posted at 11:18 PM by Howard Bashman



Clarence Hill is one step closer to execution: In June, Hill won a unanimous victory before the U.S. Supreme Court when the Court ruled that Hill could rely on the federal civil rights statute to bring a lawsuit challenging the constitutionality of a three-drug sequence the State of Florida likely would use to execute him by lethal injection. Today, however, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit ruled, in a per curiam opinion you can access here, that Hill was not entitled to a stay of execution to pursue the trial court's dismissal of his federal civil rights action.

In a post at his "Sentencing Law and Policy" blog, Doug Berman writes, "it does not appear that Hill has even received an adjudication of his claim on the merits in the district court, and the Eleventh Circuit decision today never considers the substance of Hill's underlying Eighth Amendment claim."
Posted at 11:12 PM by Howard Bashman



An interesting appellate jurisdiction deadline-for-appeal ruling from the U.S. Court of Appeals for the Fifth Circuit: The judgment on a separate document rule and the rule requiring a federal district court in certain instances to approve the form of the judgment are both involved in this ruling issued today. I'm going to have to look at this decision closely to see whether I agree with the court's rationale in holding that the rule providing that the absence of a separate document no longer precludes an appealable order from arising 150 days later also excuses a federal district court's obligation in certain instances to approve the form of the judgment.
Posted at 11:03 PM by Howard Bashman


"Toobin: Bush 'playing chicken' with senators." CNN.com has posted online this transcript.
Posted at 10:38 PM by Howard Bashman


"Officials Say SD Tourism Boycott Failed": The Associated Press provides a report that begins, "A threatened tourism boycott of South Dakota over new state law that bans nearly all abortions has had little effect on travel, officials said."
Posted at 10:35 PM by Howard Bashman


"Roberts' First Year: Kenneth Starr takes part in a discussion on the impact of Chief Justice John Roberts first year on the Supreme Court." You can view, online and on demand, last Saturday's broadcast of C-SPAN's "America & the Courts" program by clicking here (RealPlayer required). Toward the end of the broadcast, one journalist discusses the impact of blogs on the U.S Supreme Court confirmation process.
Posted at 05:30 PM by Howard Bashman


"The Supreme Court: Past and Prologue; A Look at the October 2005 and October 2006 Terms." Much of the Cato Institute's day-long seminar -- held yesterday in Washington, DC -- is available for viewing or listening via this link.

Sixth Circuit Chief Judge Danny J. Boggs delivered the concluding address, and you can launch the video by clicking here (RealPlayer required).
Posted at 04:58 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Bush Defends Changes to Detainee Rules"; "Senate GOP Pushes Back on Detainee Rules"; "A Profile of the 'Guardian of Guantanamo'"; and "Democrats Seek Middle Ground on Abortion" (RealPlayer required).
Posted at 04:05 PM by Howard Bashman


"This is an interlocutory appeal by criminal defendants challenging a requirement that pretrial detainees making their first appearance before a magistrate judge wear leg shackles." So began an opinion that the majority on divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued on November 15, 2005. The majority went on to hold that the requirement could not be upheld on the present record, which lacked "a reasoned determination that it is justified on the basis of past experiences or present circumstances in the Central District." My earlier post reporting on that decision can be accessed here.

Today, the very same three-judge panel issued an order vacating its earlier decision and substituting a new, unanimous ruling that upholds the shackling policy based on the current record.
Posted at 03:10 PM by Howard Bashman



"US federal judge declares boating illegal in all US navigable waters": International Boat Industry Magazine provides this report. Whether the report's headline provides a fair summary of last month's ruling of the U.S. District Court for the Western District of Lousiana I'll leave for others to decide.
Posted at 01:25 PM by Howard Bashman


"Brandeis free-speech dissent published online for 1st time": The First Amendment Center provides this report. You can access the dissent by clicking here.
Posted at 12:18 PM by Howard Bashman


"State's HP Case May Be Tough to Win": The Los Angeles Times today contains an article that begins, "California Atty. Gen. Bill Lockyer may have a difficult time convicting Hewlett-Packard Co. officials involved in the company's spying scandal because it's not at all clear that state law will enable him to put anybody behind bars, lawyers and privacy experts said Thursday."
Posted at 11:08 AM by Howard Bashman


"Pataki Chided Over State Court Appointments": The New York Times contains this article today.
Posted at 11:05 AM by Howard Bashman


"Rebuff for Bush on Terror Trials in a Senate Test": This article appears today in The New York Times, which also contains a related editorial entitled "Stampeding Congress."

The Washington Post today contains a front page article headlined "Senators Defy Bush On Terror Measure; Panel Backs Rival Bill On Interrogations." An editorial is entitled "A Defining Moment for America: The president goes to Capitol Hill to lobby for torture." And Al Kamen's "In the Loop" column is headlined "10 Things to Know About Guantanamo."

The Los Angeles Times reports that "Senate Panel Rebuffs Bush on Detainees; Bipartisan approval of the bill widening the rights of prisoners in the war on terrorism comes as Colin Powell rejects the president's policy." And Joshua Muravchik has an op-ed entitled "Weakening Rights to Save Them: The greatest victories for freedom, such as World War II, came at the temporary expense of some liberties."

USA Today contains a front page article headlined "Strategy on terror suspects splits GOP; Key senators say no to Bush plan."

The Washington Times reports that "Republicans defy Bush over detainees."

And today's broadcast of NPR's "Morning Edition" contained audio segments entitled "GOP Senators Break with President over Detainees"; "Senate Rebellion Breaks Out Against White House"; and "Moazzam Begg: From Pakistan to Guantanamo" (RealPlayer required).
Posted at 11:00 AM by Howard Bashman



"Breyer weighs in on Constitution, politics": The Yale Daily News contains this article today, while a related photo is at this link.
Posted at 10:52 AM by Howard Bashman


"Terror conspiracy trial faces delay; The pending Miami terror trial of Jose Padilla and two other Muslim men looks like it's on hold until the appeal of a judge's ruling is resolved": This article appears today in The Miami Herald.

And The South Florida Sun-Sentinel reports today that "Judge orders government to share medical records of terror suspect Jose Padilla."
Posted at 10:45 AM by Howard Bashman



"High Court to Post Same-Day Transcripts": Charles Lane has this article today in The Washington Post.
Posted at 10:37 AM by Howard Bashman


"Some Lawyers Ranked 'Super' Are Not the Least Bit Flattered": The New York Times today contains an article that begins, "Word of mouth is one crucial marketing tool for a lawyer. Getting your name on a list of top lawyers can be another, unless the list is distributed to consumers in New Jersey. In an opinion that has set off a nationwide discussion, an ethics committee appointed by the New Jersey Supreme Court concluded this summer that a magazine advertising supplement listing the state's top lawyers violated rules of professional conduct."
Posted at 10:27 AM by Howard Bashman


"Anti-Abortion Group Loses Tax Exemption": This article appears today in The New York Times.
Posted at 10:25 AM by Howard Bashman


"Indians Argue Against Ski Resort Plan": David Kravets of The Associated Press provides a report that begins, "Attorneys for Southwestern Indian tribes urged a federal appeals court Thursday to block the proposed expansion of an Arizona ski resort they say already desecrates land they hold sacred and sullies their religious beliefs. During the hearing, a panel of the 9th U.S. Circuit Court of Appeals appeared skeptical about allowing Arizona Snowbowl to become the nation's first ski resort to use 100 percent reclaimed water - treated sewage - to make snow."

You can download the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit by clicking here (Windows Media format; right-click to download).

The federal district court ruling that the Ninth Circuit is reviewing can be accessed here (via "Religion Clause" blog).
Posted at 10:22 AM by Howard Bashman



"Spam fighter hit with $11 million judgment": c|net News.com provides this report.
Posted at 10:14 AM by Howard Bashman


Sixth Circuit reinstates the federal civil rights claims asserted by heckler at Cleveland Indians baseball game who was ejected for using profane language and then arrested for disorderly conduct: You can access today's ruling at this link.

The majority opinion concludes, "For a baseball fan to make a 'federal case' out of being ejected from a game may well strike many as a colossal waste of judicial resources. A jury might well agree. But this is the type of case where the ultimate result is totally dependent on whose version of the facts one believes. Under these circumstances, the grant of summary judgment to the police officer on the basis of qualified immunity is inappropriate."
Posted at 10:02 AM by Howard Bashman



"Judges get raises back, Pa. Supreme Court rules": This article appears today in The Harrisburg Patriot-News, along with an article headlined "Voters' anger boils again."

The New York Times reports today that "Pennsylvania Judges Decide They, Alone, Will Get Raises."

The Philadelphia Inquirer reports that "Pa. court splits its decision on raises; Lawmakers were wrong, it says, but don't have to repay; Judges' hike was reinstated."

The Pittsburgh Post-Gazette reports that "Pa. Supreme Court decides judges can keep controversial pay raises; Justices overrule measure by legislators that canceled increases."

The Pittsburgh Tribune-Review reports that "Judges uphold their raises."

The Allentown Morning Call reports that "Top court restores raises for judges in Pennsylvania; Although lawmakers lost the increases they gave themselves, jurists have protection in law."

The York Daily News reports that "Court axes early raise; But legislators don't have to give back their 'unvouchered expenses.'"

And The Express-Times of Easton, Pennsylvania contains an editorial entitled "Justices keep raises; let's make sure they don't keep their jobs." The editorial concludes, "When these judges come up for retention, voters should send the message that Pennsylvanians won't tolerate sneaks in the Legislature or enablers on the bench."

My earlier coverage appears at this link.
Posted at 08:54 AM by Howard Bashman



"How Has 9/11 Affected American Constitutional Law? The Three Intersecting Cross-Currents that Have Affected Liberty, Security, and Government Accountability." Edward Lazarus has this essay online today at FindLaw.
Posted at 07:35 AM by Howard Bashman


Thursday, September 14, 2006

"'Alternative' CIA tactics complicate Padilla case; Evidence against the American terror suspect was obtained through torture, his lawyers say": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 10:40 PM by Howard Bashman


"Senate panel defies Bush on detainees": McClatchy Newspapers provide this report.

And The New York Times on Friday will contain a news analysis headlined "An Unexpected Collision Over Detainees."
Posted at 10:00 PM by Howard Bashman



"Pledge Challenger Newdow Claims Web Scribe Defamed Him": law.com provides this report.
Posted at 09:58 PM by Howard Bashman


"Cohabiting no longer illegal in N.C.; Ruling affirms ban is unconstitutional": This article appears today in The News & Observer of Raleigh, North Carolina.
Posted at 09:54 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Senate Panel Approves Rival Plan on Tribunals" and "Powell Says Bush's Tribunal Plan Would Backfire" (RealPlayer required).
Posted at 08:40 PM by Howard Bashman


"Former witness in government lawyer's death faces weapons charge": This article appears today in The Seattle Post-Intelligencer.

Earlier this year, The Seattle Times published articles headlined "FBI yanks Wales case away from Seattle office"; "Cutback in Wales case is reviewed"; "Wales suspect reportedly in Vegas days before letter sent"; and "Could mystery letter solve case of slain prosecutor?" One of those articles reports that "If Wales was killed because of his work, he would be the first federal prosecutor in U.S. history to be slain in the line of duty."
Posted at 05:55 PM by Howard Bashman



"Bonds' Personal Trainer Seeks Freedom": The Associated Press provides a report that begins, "Barry Bonds' personal trainer has asked a federal appeals court to free him from prison for refusing to testify before a grand jury investigating the Giants slugger."

The U.S. Court of Appeals for the Ninth Circuit is making court filings in the case available via this link.
Posted at 05:48 PM by Howard Bashman



"Examining the Proposal to Restructure the Ninth Circuit": That's the title of a hearing the Senate Judiciary Committee has scheduled for Wednesday, September 20, 2006 at 2:00 p.m.
Posted at 05:45 PM by Howard Bashman


'One free bite' rule does not apply at border crossing: The Associated Press reports that "Man Accused of Biting U.S. Border Guard."
Posted at 05:40 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Bush Prods GOP to Pass New Detainee Rules" and "War Crimes Court at Odds over Speeding Up Trials" (RealPlayer required).
Posted at 04:35 PM by Howard Bashman


"Pa. high court restores raises for all state judges": The Pittsburgh Post-Gazette provides a news update that begins, "In a much awaited opinion, the state Supreme Court today reinstated the July 2005 pay raise for 1,030 state judges but allowed the repeal of the raises for state legislators and members of the executive branch to stand."

My earlier coverage appears at this link.
Posted at 04:14 PM by Howard Bashman



"High Court to Provide Same-Day Argument Transcripts Online": law.com's Tony Mauro provides this news update.
Posted at 03:50 PM by Howard Bashman


The Associated Press is reporting: An article headlined "Retired Federal Judges Oppose Bush" begins, "Nine retired federal judges accused the Bush administration and Congress of trying to deprive detainees at Guantanamo Bay, Cuba, of the most basic legal right."

And an article headlined "Man Leaves Package at Supreme Court" begins, "A man fired a flare gun into the air Thursday in front of the Supreme Court and authorities were examining a suspicious package he left behind, a court spokeswoman said."
Posted at 03:33 PM by Howard Bashman



"Supreme Court to Post Transcripts Online": The Associated Press provides a report that begins, "The Supreme Court will post transcripts of oral arguments on its Web site the same day they occur, beginning in October."

And at "SCOTUSblog," Lyle Denniston has a post titled "Prompt, free access to argument transcripts."

You can access at this link the press release that the Supreme Court of the United States issued today.

I discussed some of these issues in a recent law.com column headlined "Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?"
Posted at 03:25 PM by Howard Bashman



"State Supreme Court contests spark 'fundraising arms race'": The Seattle Times today contains an article that begins, "An unprecedented amount of money is flowing into this year's state Supreme Court races, much of it financing attack ads by conservative and liberal factions fighting over the ideological bent of the court."
Posted at 02:30 PM by Howard Bashman


Pennsylvania's Legislature could not repeal earlier pay raise given to Pennsylvania's judiciary, Supreme Court of Pennsylvania rules: You can access today's lengthy ruling at this link. One Justice issued a concurring and dissenting opinion, which you can access here.

Readers may recall that the Pennsylvania electorate's dissatisfaction with these pay raises, originally applicable to both judges and legislators, was the main reason why a sitting Pa. Supreme Court Justice in November 2005 lost a retention election necessary to remain in office.

Update: In early news coverage, The Associated Press reports that "Pa. Court Reinstates Judges' Pay Raises."
Posted at 02:04 PM by Howard Bashman



"'I should be in jail' for sex fling with boy, Lafave says; In a TV interview, the ex-teacher under house arrest says her 'bizarre' acts may relate to a childhood rape": This article appears today in The St. Petersburg Times.

MSNBC offers a transcript of the interview here, while you can access the video of last night's "Dateline" broadcast via this link.
Posted at 10:24 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "U.S. Making Changes at Guantanamo Bay Prison"; "Guantanamo Through a Prisoner's Eyes"; and "Reaction to Moazzam Begg's Guantanamo Account" (RealPlayer required).

Relatedly, in today's edition of The Boston Globe, Moazzam Begg has an op-ed entitled "Guantanamo's Catch-22: defining the rules of the road."
Posted at 10:10 AM by Howard Bashman



"Enact the President's Code for Military Commissions: The McCain/Graham/Warner objections are meritless." Andrew C. McCarthy has this essay today at National Review Online.
Posted at 10:04 AM by Howard Bashman


"Senators to challenge Bush plan for terror trials; Lawmakers concerned about suspects' rights": USA Today contains this article today.

The Washington Times reports today that "GOP in standoff on Gitmo rights."

CNN.com reports that "Senators, White House on collision course over tribunals."

The Washington Post today contains an editorial entitled "A Crucial Choice: The Senate must decide whether to ratify the president's abuse of human rights law -- or restore decency."

And The Wall Street Journal today contains an editorial entitled "A Self-Inflicted Defeat: Why we might not break the next Khalid Sheikh Mohammad."
Posted at 08:50 AM by Howard Bashman



"Panel OKs wiretapping bill": This article appears today in Newsday.

And The Los Angeles Times reports today that "Senate Panel Sends a Mixed Message on Wiretapping; With contradictory bills on surveillance, dispute heats up over Geneva rules for terror suspects."
Posted at 08:40 AM by Howard Bashman



"Justice Alito Honors History, Heroes, Friendship": Pepperdine University School of Law has posted online this interesting news release.
Posted at 08:30 AM by Howard Bashman


"Funeral protesters say laws can't silence them; Their belief: Troops dying because USA tolerates gays." This article appears today in USA Today.
Posted at 08:24 AM by Howard Bashman


"Panel Takes Judge Off Federal Case; Appeals court says 'impartiality might be questioned' in a wrongful conviction suit against Riverside County": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 08:22 AM by Howard Bashman


"Defendant in landmark sodomy ruling was not motivated by politics; The key civil liberties victory for gays was 'fight against all odds'": This obituary appears today in The Houston Chronicle.

And The New York Times today contains an obituary headlined "Tyron Garner, 39, Plaintiff in Pivotal Sodomy Case, Dies."
Posted at 07:55 AM by Howard Bashman



"Bush picks Hardiman for appeals post": The Pittsburgh Post-Gazette contains this article today.

And The Pittsburgh Tribune-Review reports today that "Bush nominates area judge to appeals court."
Posted at 07:50 AM by Howard Bashman



"Killer to get resentencing he doesn't want": This article appears today in The Arizona Daily Star. My earlier coverage is at this link.
Posted at 07:48 AM by Howard Bashman


Wednesday, September 13, 2006

"GOP Leaders Back Bush on Wiretapping, Tribunals": Thursday's edition of The Washington Post will contain this article.

And The New York Times on Thursday will report that "Panel in Senate Backs Bush Plan for Eavesdropping."
Posted at 11:52 PM by Howard Bashman



"Gays Renew Drive Against 'Don't Ask, Don’t Tell'": This article will appear Thursday in The New York Times.
Posted at 11:50 PM by Howard Bashman


"White House, senators bicker over how to try terror suspects": McClatchy Newspapers provide this report.
Posted at 11:48 PM by Howard Bashman


"Lawsuit Targets U.S. Aid for Faith-Based Counseling": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:44 PM by Howard Bashman


"Stream of Conscience: Why it matters what definition of torture we use." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:35 PM by Howard Bashman


"A judge overreacts": The St. Petersburg Times today contains an editorial that begins, "Pinellas-Pasco Circuit Court Judge Stanley Mills just flunked driver education."

And columnist Sue Carlton has a related op-ed headlined "Don't park there, 'cause here comes the judge."
Posted at 05:44 PM by Howard Bashman



"Matt Lauer sits down with Debra Lafave; NBC News exclusive with the notorious school teacher to air on 'Today' and 'Dateline,' Sept. 13": MSNBC provides this report. You can access the video segment from this morning's broadcast of the "Today" show by clicking here (Windows Media Player required).

And The Associated Press provides a report headlined "Former teacher: Sex with pupil 'really bad choice.'"
Posted at 05:12 PM by Howard Bashman



Death penalty volunteers not wanted, divided three-judge Ninth Circuit panel holds: A prisoner on Arizona's death row filed a federal habeas corpus petition challenging his conviction and resulting death sentence. Thereafter, however, the prisoner changed his mind and sought to withdraw his habeas action, thereby becoming what is colloquially referred to as a death penalty volunteer.

Today, Senior Circuit Judge Warren J. Ferguson issued an opinion, in which Circuit Judge Harry Pregerson joined, holding:

We agree with the District Court that Comer competently and voluntarily waived his habeas appeal right. By upholding Comer's waiver, however, we would be permitting the State to execute Comer without any meaningful appellate review of his previously filed federal habeas claims, which would amount to a violation of the Eighth Amendment to the U.S. Constitution. We therefore deny the State's and Comer's motions to dismiss the appeal and proceed to review the District Court's denial of Comer's federal habeas petition.

We hold that Comer's sentence was invalid and hereby grant the writ of habeas corpus based on the violation of Comer's due process rights that occurred when he was sentenced to death while nearly naked, bleeding, shackled, and exhausted.

Circuit Judge Pamela Ann Rymer issued a dissenting opinion that begins, "We need to -- and may only -- decide one question: whether death row inmate Robert Comer is competent to withdraw his appeal from denial of his petition for writ of habeas corpus and has done so knowingly and voluntarily. All of us agree that the answer to that question is yes * * *. This means that this case is over, because Comer's waiver of further review of his habeas claims leaves no live controversy remaining between Comer and the State of Arizona."

Today's ruling was foreshadowed last month by a procedural order that occasioned sniping between members of this very three-judge panel in this very case. My coverage from August 10, 2006 can be accessed here.

The majority's ruling today raises many interesting question. If the Eighth Amendment prohibits a state death row inmate from exercising his right to knowingly and voluntarily withdraw a federal habeas challenge to a death sentence, does a federal court within the Ninth Circuit have an affirmative obligation when reviewing a habeas challenge to a death sentence to consider all possible arguments for setting aside the sentence, whether or not raised by the inmate? If a state death row inmate becomes a death penalty volunteer before ever filing any federal habeas corpus action -- and as a result no federal habeas corpus action is filed by the inmate -- must the federal courts nevertheless affirmatively determine that no Eighth Amendment violation exists before the state may carry out the death sentence? And, why should this limitation on the right of a potentially-prevailing litigant's ability to withdraw a federal court claim be limited to death row inmates?

At his "Sentencing Law and Policy" blog, Law Professor Doug Berman has a post titled "Do you lose your right to die if sentenced to death row?"
Posted at 04:55 PM by Howard Bashman



Separation of church and appellate courtroom: The U.S. Court of Appeals for the Eleventh Circuit is soliciting "contractors to provide a quote to provide new pews to match existing pews" at the Frank M. Johnson, Jr. Federal Courthouse in Montgomery, Alabama. All the details are available via this link. Secular pews are preferred, but barring that they should be non-sectarian.
Posted at 04:32 PM by Howard Bashman


"May a state department of corrections be held liable for prison officials' failure to correct a hostile work environment that is the result of male prisoners' sexual harassment of female guards? We answer that question, 'Yes.'" So begins an opinion that Circuit Judge Stephen Reinhardt issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 04:28 PM by Howard Bashman


"[I]n cases where the police may lawfully transport a suspect to the scene of the crime in the rear of a police car, the police may carry out a departmental policy, imposed for reasons of officer safety, by patting down that person. Because the police must have a legitimate law-enforcement reason to transport a suspect, we see little danger that policies such as these might be used as a pretext for a suspicionless frisk." So concludes a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in an opinion issued today. Today's ruling reverses a federal district court's decision which held that police officers were not permitted to frisk someone to be transported under these circumstances unless they had a reasonable suspicion that he was armed.
Posted at 04:08 PM by Howard Bashman


"Thomas M. Hardiman, of Pennsylvania, to be United States Circuit Judge for the Third Circuit, vice Richard L. Nygaard, retired": The White House has formally made this nomination today. My earlier post previewing this nomination can be accessed here.
Posted at 03:52 PM by Howard Bashman


"Texas Court to Reconsider DeLay Charge": The Associated Press provides a report that begins, "Texas' highest criminal appeals court said Wednesday it would consider reinstating a dropped conspiracy charge against former House Majority Leader Tom DeLay, further delaying his trial on felony money laundering and conspiracy counts."
Posted at 10:40 AM by Howard Bashman


"The myth of Dem, GOP justice; Surprisingly little political poison on the federal bench": Martin J. Siegel had this op-ed Sunday in The Houston Chronicle.
Posted at 10:35 AM by Howard Bashman


"Hewlett-Packard Lawyer Dinh Gives Washington the 'Viet-Spin'": The September 18, 2006 issue of The New York Observer contains an article by Anna Schneider-Mayerson that begins, "On the fifth anniversary of the Sept. 11 attacks, Viet Dinh, one of the lead architects of the controversial Patriot Act, was standing in his Washington, D.C., office, waxing poetic about Supreme Court Justice Sandra Day O'Connor. 'Justice O’Connor, I love her so much.' the 38-year-old law professor said. 'I love her so much. She's the best.' As if to return the compliment, her image, in the form of a photo portrait signed to her former clerk 'with respect and affection,' smiled back at him. Hugs all around!"
Posted at 10:30 AM by Howard Bashman


"Depends What the Meaning of 'Judicial Activism' Is": Matthew J. Franck has this essay today at National Review Online.

And "Patterico's Pontifications" provides a post titled "New York Times Performs Sleight of Hand on 'Judicial Activism.'"

The editorial that The New York Times published Monday on this subject can be accessed at this link.
Posted at 10:22 AM by Howard Bashman



"Senate Considers Attorney-Client Privilege": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:15 AM by Howard Bashman


"Court ruling may affect crack cases": The Philadelphia Inquirer contains this article today. Earlier coverage can be accessed via this link.
Posted at 08:35 AM by Howard Bashman


"House GOP Leaders Fight Wiretapping Limits": This article appears today in The Washington Post.
Posted at 08:33 AM by Howard Bashman


"Blogs are liberating the profession from dull writing; They're emerging as a powerful tool for lawyers and law professors": Law Professor Doug Berman has this essay (free access) in this week's issue of The National Law Journal.
Posted at 08:30 AM by Howard Bashman


"Missouri Plan for Executions Rejected Again; The revised process for lethal injections fails to prevent unnecessary pain, a federal judge says; The state has until Oct. 27 to resubmit it": Henry Weinstein has this article today in The Los Angeles Times.

The Kansas City Star reports today that "Missouri death penalty protocol to change; But a judge removes a requirement that has halted lethal injections in Missouri."

And The Associated Press reports that "Judge Says Mo. Must Redo Execution Plan."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Western District of Missouri.
Posted at 08:27 AM by Howard Bashman



"Maker of 'Girls Gone Wild' Runs Afoul of Law on Minors": This article appears today in The Los Angeles Times.

And Bloomberg News reports that "'Girls Gone Wild' Pleads Guilty in Exploitation Case."

My earlier coverage appears at this link.
Posted at 08:15 AM by Howard Bashman



"Justice Alito Pays Tribute to Reagan; During a speech at library near Simi Valley, the jurist credits the 40th president with shaping his conservative philosophy": The Los Angeles Times contains this article today.

Today's edition of The Ventura County Star contains an article headlined "Principles must rule, Alito says in Simi; He says Reagan held fast to beliefs."

And The Associated Press reports that "Alito describes 'out of body experience' of court appointment."
Posted at 07:55 AM by Howard Bashman



"Deal Reported Near on Rights of Suspects in Terror Cases": This article appears today in The New York Times.

The Washington Post reports today that "Cheney, Senators Discuss Detainees."

And The Los Angeles Times reports that "GOP Senators Seek to Meld Detainee Plan, Geneva Treaty; The administration's proposal would avoid a key part of the historic protections; But critics say that would send the wrong message." In addition, the newspaper contains an editorial entitled "Tortured logic."
Posted at 07:50 AM by Howard Bashman



"Lawsuit Against Microsoft Set for Court": From Iowa, The Associated Press provides a report that begins, "One of the last remaining consumer class-action antitrust lawsuits filed against Microsoft Corp. in a state court is set to go to trial in November, and the company's co-founder and chairman is on the witness list to testify."
Posted at 07:42 AM by Howard Bashman


"Lawsuit Challenges Use of Federal Aid for Bible-Based Counseling": This article appears today in The New York Times.
Posted at 07:40 AM by Howard Bashman


"Recent legal rulings favor grandparents; Supreme courts in three states grant visitation rights": Joan Biskupic has this article, in which I am quoted, in today's issue of USA Today.
Posted at 07:25 AM by Howard Bashman


Tuesday, September 12, 2006

"The Battle for Guantanamo": The September 17, 2006 issue of The New York Times Magazine will contain a lengthy article by Tim Golden that begins, "Col. Mike Bumgarner took over as the warden of Guantanamo Bay in April 2005. He had been hoping to be sent to Iraq; among senior officers of the Army’s military police corps, the job of commanding guards at the American detention camp in Cuba was considered not particularly challenging and somewhat risky to a career."
Posted at 11:05 PM by Howard Bashman


"Bush, GOP Senators Seek Deal on Tribunals": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:00 PM by Howard Bashman


"Couple Loses Challenge on Blood Test Law": The Associated Press provides a report that begins, "A federal judge has refused to throw out Nebraska's one-of-a-kind newborn blood screening law."

I have posted online at this link today's ruling by U.S. District Judge Richard G. Kopf of the District of Nebraska. The opinion begins, "Loving parents want to delay the state-mandated testing of their newly born infants for metabolic diseases because of their sincere religious beliefs and because of their equally sincere and related concern for the health of their children. Just as committed to the well-being of newborns, the State of Nebraska refuses to accommodate the family. Nebraska fervently believes that such an accommodation would harm children."
Posted at 09:45 PM by Howard Bashman



"White House Pressures GOP on Detainees": The Associated Press provides this report.
Posted at 09:30 PM by Howard Bashman


A slightly less 'Wild' future is planned: The Los Angeles Times provides a news update headlined "'Girls Gone Wild' Cuts Plea Deal; The Santa Monica-based company failed to maintain age and identity documents for performers in sexually explicit films."

And Hope Yen of The Associated Press reports that "'Girls Gone Wild' Company Pleads Guilty."

You can access a copy of the deferred prosecution agreement filed today in the U.S. District Court for the Northern District of Florida at this link.
Posted at 05:54 PM by Howard Bashman



"Floor votes, please": The Washington Times today contains an editorial that begins, "Conservative activists waited apprehensively Friday for the Senate Judiciary Committee to move on stalled judicial nominees scheduled then for consideration."
Posted at 05:15 PM by Howard Bashman


"Sex Offender Loses Bid to Stay Off Web ID List": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:12 PM by Howard Bashman


"Supreme Court denies Childers' appeal": The Associated Press provides a report that begins, "Former Florida Senate President W.D. Childers' bribery appeal will not be heard by the state Supreme Court, which decided it lacked jurisdiction over the case in a 4-2 vote Monday."

The Tallahassee Democrat today contains an article headlined "Supreme Court rejects W.D. Childers' appeal." According to the article:

It was a deeply divided First District Court of Appeal that in February rejected Childers' request for a new trial. Then, in June, that same court refused to ask the Supreme Court to consider the case.

June's appellate court decision included an incendiary opinion written by Judge Michael Allen. It accused First District Court of Appeals Chief Judge Charles Kahn of the appearance of impropriety because of what Allen said was Kahn's entanglement in Childers' powerful political machine.

The appellate court's ruling further revealed that a three-judge panel of the court, led by Kahn, in January 2005 was four days away from issuing an opinion that would have overturned Childers' conviction.

Instead, a majority of the appeals court's 15 judges voted for all of them to consider the case. Then, the full court in February 2006 issued a ruling, with 10 different judges writing opinions that upheld Childers' 2003 conviction.

And The Pensacola News Journal reports that "Childers' appeal denied; Ex-politician's legal team to decide whether to take case to federal court."

Back in July 2006, I had this lengthy post about the case.
Posted at 12:05 PM by Howard Bashman



"Judge sentences car in his spot to lockdown; When Judge Stanley Mills finds his reserved place taken, he blocks the car in for hours": The St. Petersburg Times contains this article today.
Posted at 11:54 AM by Howard Bashman


"Voting Rights statute tested; Austin water district sues over portion dealing with minority participation": This article appeared last Friday in The Houston Chronicle. Today at his "Election Law" blog, Rick Hasen has a post titled "Three-Judge Panel Named to Hear Texas Challenge to Constitutionality of Section 5 of the Voting Rights Act." The case is pending before the U.S. District Court for the District of Columbia.
Posted at 11:40 AM by Howard Bashman


"Because courts must be able to preserve the integrity of the judicial process, we have no hesitation in concluding that a party who files suit under a false name and proceeds with that deception right up to trial loses the right to seek judicial relief for the claims he was advancing." So concludes an opinion that Circuit Judge Ed Carnes issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 11:33 AM by Howard Bashman


"[T]o constitute an ADA impairment, a person's obesity, even morbid obesity, must be the result of a physiological condition." Non-physiological morbid obesity is not an "impairment" under the Americans with Disabilities Act of 1990, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled today in an opinion you can access here.

Update: Law Professor Sam Bagenstos, at his "Disability Law" blog, offers these thoughts about the ruling.
Posted at 10:05 AM by Howard Bashman



"Court Hears Arguments on Guantanamo Transfers": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." According to the report, D.C. Circuit Judge Brett M. Kavanaugh is on the three-judge panel assigned to decide the case.
Posted at 09:52 AM by Howard Bashman


"Sens. Grassley, Sessions hold up a key nominee": The Hill's home page today contains a link to an article that begins, "Sens. Chuck Grassley (Iowa) and Jeff Sessions (Ala.), two Republican members of the Senate Judiciary Committee, are holding up the nomination of Peter D. Keisler to the D.C. Circuit Court of Appeals, the Bush administration's top priority on judicial nominees this fall, according to knowledgeable sources." The link to the article itself, however, produces a page where the word "ERROR" appears in place of the article's text. Update: The Hill has fixed the error, and now the full text of the article can be accessed here.
Posted at 09:45 AM by Howard Bashman


"Sullivan Subpoena Case To Go On": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "A panel of seven Appellate Court judges will decide whether former Chief Justice William J. Sullivan can be compelled to testify during an investigation launched by the General Assembly's judiciary committee into allegations of misconduct on his part."

And The Connecticut Law Tribune reports that "Full Appellate Court To Sit As Supreme Court In Sullivan Subpoena Case."
Posted at 09:40 AM by Howard Bashman



"Justice Department Lawyers Lose Appeal on Overtime Pay": That's the headline of Stephen Barr's "Federal Diary" column today in The Washington Post. My earlier coverage appears at this link.
Posted at 07:57 AM by Howard Bashman


"Man Loses Suit to Keep Identity off Sex Offender Registry": The Washington Post today contains an article that begins, "John Doe must reveal who he is -- and that he was convicted 12 years ago of incest -- or face arrest for not submitting that information to Virginia's sex-offender registry, a Prince William County judge ruled yesterday."
Posted at 07:54 AM by Howard Bashman


"White House Gains Concessions in Senate Measure on Tribunals": This article appears today in The Washington Post.
Posted at 07:52 AM by Howard Bashman


"Court Panel Denies Blogger’s Appeal": The New York Times today contains an article that begins, "In a case closely watched by First Amendment advocates, a federal court panel has rejected an appeal by a freelance journalist and blogger who has refused to appear before a grand jury or turn over video he shot of a violent protest last summer."

The San Francisco Chronicle reports today that "Freelance journalist loses appeal on keeping footage from grand jury; Cameraman lacked grounds to resist subpoena, judges say."

And David Kravets of The Associated Press reports that "Appeals Court Rules Reporter in Contempt."

Last Friday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed here (scroll down) via "The Huffington Post."
Posted at 07:42 AM by Howard Bashman



"Jack Bauer Insurance: Can CIA agents be sued for protecting America with too much vigor?" This editorial appears today in The Wall Street Journal.
Posted at 07:28 AM by Howard Bashman


"A Judge Accepts a Claim Paralleling the Mafia and the Tobacco Industry": Anthony J. Sebok has this essay online at FindLaw.
Posted at 06:50 AM by Howard Bashman


Monday, September 11, 2006

"Motions denied in flag desecration case; Judge files orders, sets trial date": Saturday's edition of The Ottumwa (Iowa) Courier contained an article that begins, "The judge has denied two motions to dismiss filed by an Ottumwan accused of flag desecration."
Posted at 11:55 PM by Howard Bashman


"8th Circuit Grapples With Sentencing Guidelines; Judge warns of a possible unlawful precedent": law.com provides this report.
Posted at 11:35 PM by Howard Bashman


Seventh Circuit vacates federal district court's approval of settlement in Airborne Express default shipping fee overcharge class action: Today's ruling sustains the federal district court's exercise of diversity jurisdiction based on the defendant's cost of complying with the requested injunction but finds that the district court did not adequately examine the fairness of the proposed coupon settlement.
Posted at 05:00 PM by Howard Bashman


"This appeal involves a facial challenge, under the dormant Commerce Clause of the United States Constitution, to various aspects of Virginia's Alcoholic Beverage Control Act, which generally prohibits the importation, distribution, and sale of wine and beer in Virginia except through a regulated, three-tier structure." So begins an opinion that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:45 PM by Howard Bashman


"The question before us is whether clearly established Supreme Court law prohibited the New York Appellate Division from dismissing Taveras's first-tier appeal on fugitive disentitlement grounds without appointing counsel and without providing a copy of any transcripts available and necessary for pursuing that appeal." A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit holds that dismissal of the state court appeal was prohibited under these circumstances in a habeas corpus ruling issued today.
Posted at 04:40 PM by Howard Bashman


"A plea to clarify the filing deadline": At "SCOTUSblog," Lyle Denniston has a post that begins, "Two former U.S. solicitors general, Harvard law professor Charles Fried and Washington attorney Seth P. Waxman, have urged the Supreme Court to settle a long-standing issue: the nature of the Court's authority to give lawyers more time to file appeals." A copy of the court filing can be accessed here.
Posted at 04:33 PM by Howard Bashman


"Third Circuit adds nuance to crack sentencing after Booker": Doug Berman has this post at his "Sentencing Law and Policy" blog about an interesting ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 04:30 PM by Howard Bashman


Programming note: I'll be heading back home to the Philadelphia region after presenting oral argument this afternoon to a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in Cincinnati. Additional posts will appear later today.

Update: The particular three-judge Sixth Circuit panel that heard oral argument in my client's case this afternoon was a pleasure to appear before. I also had the pleasure of meeting Circuit Judge Deborah L. Cook -- who wasn't on the three-judge panel that heard my client's appeal -- while waiting for an elevator.
Posted at 11:33 AM by Howard Bashman



"In his suit, Mr. Scholl alleges that the denial of his reappointment as a bankruptcy judge by the United States Court of Appeals for the Third Circuit was in violation of his right to due process under the Fifth Amendment to the Constitution and certain regulations relating to the reappointment of bankruptcy judges that have been promulgated by the Judicial Conference of the United States." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued an opinion holding that "Because the Court of Federal Claims should not have exercised jurisdiction over Mr. Scholl's suit and because the requirements for the writ of mandamus are met, we grant the government's petition for a writ of mandamus and direct the court to dismiss Mr. Scholl's complaint."
Posted at 11:30 AM by Howard Bashman


"The Doe plaintiffs are a class of over 9,000 DOJ attorneys who seek pay for overtime work and holiday work performed between 1992 and 1999." The U.S. Court of Appeals for the Federal Circuit today issued an opinion that explains, "The Doe plaintiffs are Department of Justice attorneys who sued the government for alleged violations of the overtime provisions of the Federal Employees Pay Act of 1945." Today's ruling rejects those claims on the merits.
Posted at 11:28 AM by Howard Bashman


"Blawg Review #74": Available online here at "The Institute for Global Security Law and Policy."
Posted at 10:40 AM by Howard Bashman


"Rap star loses Diddy name rights; Rap star Sean Combs is no longer to be called 'Diddy' in the UK after he agreed a settlement with a music producer already known by that name": BBC News provides this report.

And The Associated Press reports that "Diddy Can't Be Diddy in Britain."
Posted at 10:33 AM by Howard Bashman



"Quality and Quantity on Appeal": That's the title of the current installment of my "On Appeal" column for law.com.
Posted at 08:20 AM by Howard Bashman


"As his execution nears, an inmate opens up; The ex-crack addict asks: How much remorse is enough for crime?" The Houston Chronicle contains this article today.
Posted at 08:15 AM by Howard Bashman


"Brash GOP challenger presses Chafee in R.I.; Laffey stays close to Bush's stances": This article appears today in The Boston Globe.

And USA Today reports today that "R.I. race a tussle for Senate's most liberal Republican; Anti-tax upstart targets party maverick Chafee."
Posted at 08:10 AM by Howard Bashman



"Post 9/11 Law: An Unfinished Journey." CBS News legal analyst Andrew Cohen has this essay.
Posted at 08:09 AM by Howard Bashman


"Sex Offender Sues Va. to Keep Name off Web": This article appears today in The Washington Post.
Posted at 08:08 AM by Howard Bashman


"CIA still hiding 'ghost' captives": Sunday's edition of The Times of London contained this article.

And The Associated Press reports that "U.S. Senators Visit Guantanamo Bay."
Posted at 08:07 AM by Howard Bashman



"Go Redskins: But let the name go, too." This editorial appears today in The Washington Post.
Posted at 08:05 AM by Howard Bashman


"Weaving a tangled judicial web": Yesterday in The Chicago Tribune, Law Professor David Scheffer had an op-ed that begins, "You might be forgiven if last Wednesday, when President Bush defended the abusive interrogations of suspected terrorists and sought legislation to paper over flaws of military commissions in Guantanamo, you experienced that sinking feeling that he just doesn't get it."
Posted at 08:04 AM by Howard Bashman


"Party Lines Blur in Surveillance Debate; Republican Leaders Want to Engage Democrats But Find Some of Their Own Dissenting": This article (free access) appears today in The Wall Street Journal.

And The Los Angeles Times today contains an article headlined "Hidden Depths to U.S. Monitoring; The scope of domestic surveillance has steadily expanded since 9/11; But lawmakers and privacy experts complain of too little information on it."
Posted at 07:44 AM by Howard Bashman



"The Guantanamo Gambit: Behind the transfer of terrorist suspects." George Packer has this Talk of the Town comment in the September 18, 2006 issue of The New Yorker.
Posted at 07:38 AM by Howard Bashman


"Activism Is in the Eye of the Ideologist": The New York Times today contains an editorial that begins, "Conservatives like to divide judges into liberal 'activists' and conservative nonactivists who interpret the law rather than making it."
Posted at 07:00 AM by Howard Bashman


"Compassion has ruled judge's career; Edward H. Johnstone 84, stops trying cases": Yesterday's issue of The Louisville Courier-Journal contained this profile of Senior U.S. District Judge Edward H. Johnstone.
Posted at 06:44 AM by Howard Bashman


Sunday, September 10, 2006

"Worried CIA Officers Buy Legal Insurance; Plans Fund Defense In Anti-Terror Cases": This front page article will appear Monday in The Washington Post.
Posted at 11:15 PM by Howard Bashman


In the September 18, 2006 issue of U.S. News & World Report: The magazine will contain articles headlined "How to Try a Fanatic: The White House wants to revive those military tribunals, but Congress has a few ideas of its own"; "Out of a Black Hole: Bush gets specific in making his case to resume CIA jailings"; and "Setting the Rules for Interrogations: The Army clarifies which techniques are forbidden."
Posted at 10:22 PM by Howard Bashman


"The Unofficial Story of the al-Qaeda 14; Their torture by the CIA was wrong--in more ways than you might think": Ron Suskind will have this essay in the September 18, 2006 issue of Time magazine.
Posted at 10:08 PM by Howard Bashman


Greeting from Cincinnati: Where, as promised, my hotel offers "free" internet access.
Posted at 09:55 PM by Howard Bashman


Programming note: This evening, I'll be en route to Cincinnati, where tomorrow I'll be arguing an appeal before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 02:54 PM by Howard Bashman


"Three Questions for America": Ronald Dworkin has this essay in the September 21, 2006 issue of The New York Review of Books.
Posted at 09:34 AM by Howard Bashman


"Out From The Shadows: The president announced he's emptying the CIA's secret prisons; Now what will become of its former inmates?" This article will appear in the September 18, 2006 issue of Newsweek.
Posted at 09:32 AM by Howard Bashman


"A good step toward open court files": The St. Petersburg Times contains this editorial today.
Posted at 09:05 AM by Howard Bashman


"From Baltimore Suburbs to a Secret CIA Prison; Family Learned Last Week That Man Was Among 'High-Value' Terrorism Suspects Moved to Guantanamo": This article appears today in The Washington Post.
Posted at 08:55 AM by Howard Bashman


"Maximum Security": In the Sunday Book Review section of today's issue of The New York Times, Emily Bazelon has this review of Seventh Circuit Judge Richard A. Posner's book, "Not a Suicide Pact: The Constitution in a Time of National Emergency."
Posted at 08:45 AM by Howard Bashman


"Rhode Island Race May Be Key to Senate; Sen. Lincoln Chafee is in a tough fight for the GOP nomination; But his more conservative opponent could lose the seat for the party": The Los Angeles Times today contains an article that begins, "He opposed Bush administration tax cuts, voted against Supreme Court nominee Samuel A. Alito Jr. and was the only Republican senator to vote no on the war in Iraq."

The Washington Post reports today that "GOP Forced to Fight for Rebel Chafee; His Challenger in the Primary May Be Too Conservative to Win R.I."

And The New York Times contains an article headlined "To Hold Senate, G.O.P. Bolsters Its Most Liberal."
Posted at 08:44 AM by Howard Bashman



"A Terror Trial, With or Without Due Process": Law Professor Jeffrey Rosen has this essay today in the Week in Review section of The New York Times.
Posted at 08:40 AM by Howard Bashman


Saturday, September 09, 2006

"White House, Pentagon Split on Interrogation Tactics": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 10:48 PM by Howard Bashman


"Prayers to Jesus OK'd for Cobb Commission; Judge rejects ACLU suit to halt practice": The Atlanta Journal-Constitution contains this article today.

I have posted online at this link a copy of yesterday's ruling of the U.S. District Court for the Northern District of Georgia.
Posted at 10:40 PM by Howard Bashman



"CU law building draws crowd; Supreme Court Justice Breyer salutes students for role in funding": This article appears today in The Boulder Daily Camera.

And The Associated Press reports that "Supreme Court Justice Dedicates CU Law Building."

The University of Colorado School of Law yesterday issued a press release entitled "Colorado Law Celebrates New Building Dedication." The press release links to two video clips: "Justice Breyer's comments on Wolf Law Building" and "Justice Breyer's comments on the U.S. legal system" (Windows Media Player required).
Posted at 02:30 PM by Howard Bashman



"Liberty for Sale: Richard Posner takes a hard look at the cost of the administration's policies." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:20 PM by Howard Bashman


"James deAnda, 81, Lawyer in Case for Hispanic Jurors, Dies": This obituary appears today in The New York Times.

Yesterday's issue of The Houston Chronicle contained an obituary headlined "'He is our Thurgood Marshall'; Houston judge had a major role in a landmark ruling on Hispanic rights." Today's newspaper contains an editorial entitled "James deAnda: The late lawyer and former judge worked quietly to end discrimination against Hispanics in Texas."

And yesterday's edition of The Corpus Christi Caller-Times contained an editorial entitled "James DeAnda 1925-2006: Activist helped desegregate area schools."
Posted at 02:14 PM by Howard Bashman



"In Remote Prison, Disputes Flared Over Interrogations": Sunday's issue of The New York Times will contain an article that begins, "Abu Zubaydah, the first Osama bin Laden henchman captured by the United States after the terrorist attacks of Sept. 11, 2001, was bloodied and feverish when a C.I.A. security team delivered him to a secret safe house in Thailand for interrogation in the early spring of 2002."
Posted at 01:58 PM by Howard Bashman


"Who Will Judge Sullivan Ruling? Jurists Backing Away From Battle Over Legislative Subpoena Of The Ex-Chief Justice": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 01:55 PM by Howard Bashman


"Court shoots down U. gun ban; Justices say school no exception to Utah law; case goes back to feds": This article appears today in The Salt Lake Tribune.

And The Deseret Morning News reports today that "U. gun ban shot down; But university vows to continue its court fight."

You can access yesterday's ruling of the Supreme Court of Utah at this link.
Posted at 07:32 AM by Howard Bashman



Friday, September 08, 2006

Aaron Harber interviews Justices Stephen G. Breyer and Sandra Day O'Connor: Harber calls Justice Breyer by his first name; I haven't yet watched Justice O'Connor's interview to see whether Harber is equally informal with her. You can view the interviews online via this link. Thanks to "SCOTUSblog" for the pointer.
Posted at 11:20 PM by Howard Bashman


"Looking for Agreement on Tribunals for Detainees": This article will appear Saturday in The New York Times.

And McClatchy Newspapers provide a report headlined "Lindsey Graham calls military tribunals 'a bridge too far.'"
Posted at 11:15 PM by Howard Bashman



"Oregon high court rules for Scouts, against atheist mother": The Associated Press provides this report.

And The Oregonian provides a news update headlined "Scouts didn't discriminate against atheist, Supreme Court rules."

In connection with today's ruling of the Supreme Court of Oregon, the Boy Scouts of America issued a press release entitled "Scouts win in Oregon Supreme Court."
Posted at 10:50 PM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Former SG Olson Looks Back on 9/11 -- and Moves Forward."

And the brand new installment of my "On Appeal" column is headlined "Quality and Quantity on Appeal."
Posted at 10:45 PM by Howard Bashman



"Yu Kikumura, a federal prisoner, became severely ill one afternoon in his cell." So begins a 71-page opinion that Circuit Judge Michael W. McConnell issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

The Associated Press has previously reported, "As U.S. attorney in New Jersey, a job that normally involves sending underlings into the courtroom, [Samuel A.] Alito personally prosecuted the 1988 terrorism trial of Yu Kikumura, going head to head with the noted defense lawyer, the late William M. Kunstler. Kikumura was convicted of driving with homemade bombs on the New Jersey Turnpike, intending to blow up the Navy recruiting office in Manhattan, and is serving 22 years." And the April 25, 1988 issue of Time magazine contained this report on Kikumura's arrest, in which now-Justice Alito is quoted.

Today's Tenth Circuit ruling reinstates certain of Kikumura's Eighth Amendment and Federal Tort Claims Act claims. Kikumura's appeal arises in the Tenth Circuit because he is serving his prison sentence at the United States Penitentiary, Administrative Maximum, in Florence, Colorado.
Posted at 10:40 PM by Howard Bashman



"The Courtroom Slam: How Bush's Guantanamo bill locks the detainees out of court." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 05:30 PM by Howard Bashman


"Wireless Internet Access now available in the Courthouse Cafe and Library in the James R. Browning Courthouse in San Francisco, CA." This announcement appears today at the home page of the U.S. Court of Appeals for the Ninth Circuit. I presume that this means that members of the public can now surf the web free of charge courtesy of the federal judiciary if they are willing to undergo the security check necessary to enter the courthouse. And to think, not too long ago the federal judiciary's internet access was strictly regulated (see here and here).
Posted at 05:14 PM by Howard Bashman


"The Honorable Kimberly A. Moore was sworn in as a circuit judge on the U.S. Court of Appeals for the Federal Circuit on September 8, 2006": The home page of the U.S. Court of Appeals for the Federal Circuit contains this announcement today. Thanks to the junior U.S. Senator from Pennsylvania, Judge Moore's confirmation vote and the "How Appealing" blog will be forever linked via a page of the Congressional Record.
Posted at 05:05 PM by Howard Bashman


"Blog Law: Legal issues, liabilities, and new opportunities." I'll be one of the presenters at this Law Seminars International CLE event in New York City, at the New York Marriott Marquis Times Square Hotel, on November 16-17, 2006. You can access the brochure in PDF format by clicking here.
Posted at 04:20 PM by Howard Bashman


"(CIA) Business as Usual?: Would the Administration Bill Effectively 'Overrule' Hamdan? " Marty Lederman has this post today at the "Balkinization" blog.
Posted at 03:45 PM by Howard Bashman


"Tainted Fruit: How can al-Qaida's 14 worst terrorists stand trial?" Law Professor David Cole has this jurisprudence essay online at Slate.
Posted at 03:35 PM by Howard Bashman


"Judge Rules Against Terror Suspect": The Associated Press provides a report that begins, " A federal judge rejected an attempt by terror suspect Jose Padilla to keep a jury from hearing statements he made to the FBI shortly before his 2002 arrest."
Posted at 03:33 PM by Howard Bashman


Access online the oral argument audio of yesterday's Seventh Circuit Indiana legislative prayer case: The audio can be accessed in mp3 format by clicking here. Circuit Judge Diane P. Wood was an active and quite impressive questioner.

The briefs filed on appeal in the case can be accessed via this link. And an opinion by this same three-judge panel denying, by a 2-1 vote, a stay of the district court's order permanently enjoining sectarian prayer at the beginning of Indiana House meetings can be accessed here.
Posted at 03:20 PM by Howard Bashman



"[A]ccidental byproduct of Booker" does not allow a defendant convicted in federal court of receiving child pornography to be sentenced to probation instead of imprisonment: The U.S. Court of Appeals for the Ninth Circuit issued this ruling today.
Posted at 03:12 PM by Howard Bashman


"Ruling on Web site access for blind; Judge says the law removes all barriers for disabled people": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Oakland Tribune, Josh Richman reports that "Blind patrons' lawsuit against Target proceeds."

National Federation of the Blind has issued a press release entitled "Federal judge sustains discrimination claims against Target; precedent establishes that retailers must make their websites accessible to the blind under the ADA."

I have uploaded this week's ruling of the U.S. District Court for the Northern District of California at this link. Additional information on the case is available from Disability Rights Advocates via this link.
Posted at 02:58 PM by Howard Bashman



"Plaintiff for Indicted Law Firm Wants Case Dismissed": Today in The New York Sun, Josh Gerstein has an article that begins, "A perennial plaintiff for a prominent law firm facing federal racketeering and fraud charges is asking that the criminal case against him be dismissed because of protracted delays and his failing health."
Posted at 02:48 PM by Howard Bashman


"Reporting on British Trials a Challenge": The Associated Press provides a report that begins, "The complete story of how suspected terrorists planned to blow up U.S.-bound airplanes may take a year or so to tell because of reporting restrictions that keep journalists from publishing details before a trial."
Posted at 02:45 PM by Howard Bashman


"Sen. Santorum Quotes Bloggers From Floor": National Journal's "Beltway Blogroll" provides this post today. You can access the relevant page of the Congressional Record at this link.
Posted at 12:25 PM by Howard Bashman


"Pentagon Lawyers Stand Against Tribunal Plan": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:40 AM by Howard Bashman


"Where's the Terror? Post-9/11 prosecutions end with a whimper." Brian Doherty has this essay online at Reason.
Posted at 10:33 AM by Howard Bashman


"Judging John Roberts, Year One": This item appears online at the Harvard Political Review.
Posted at 10:24 AM by Howard Bashman


"This case presents the rare instance when public citizens seek to limit the speech of a governmental entity rather than the reverse." A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a decision resolving whether an Ohio town "violated the First and Fourteenth Amendments by advertising and otherwise advocating against a citizen-sponsored ballot initiative and in favor of a tax levy." The majority answers "no."

In his dissenting opinion, Circuit Judge Boyce F. Martin, Jr. writes, "Here, we confront state action that is at the same time innocuous yet threatening to our republican form of government. Although local governmental expenditures to advocate in an election may seem commonplace and uninspiring, I take the position that governmental campaigning in elections is implicitly prohibited by our constitutional design and republican form of government."
Posted at 10:15 AM by Howard Bashman



"Senate considers Jackson lawyer; Hearing expected to be replay of brawl over Pickering nomination": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "The Senate Judiciary Committee is set to consider the federal court nomination of Jackson lawyer Michael Wallace at a hearing that may become a replay of the brawl over the nomination of Charles Pickering." According to the article, the hearing could occur on September 19th or 26th.
Posted at 09:45 AM by Howard Bashman


"Judge This: The Senate leadership should move immediately on pending judicial nominations." This editorial appears today at National Review Online.
Posted at 09:44 AM by Howard Bashman


"Interrogation Methods Rejected by Military Win Bush's Support ": Adam Liptak has this article today in The New York Times. And an article reports that "Questions Raised About Bush's Primary Claims in Defense of Secret Detention System."

The Washington Post today contains a front page article headlined "Decision to Move Detainees Resolved Two-Year Debate Among Bush Advisers." The newspaper also contains articles headlined "Bush's Detainee Plan Is Criticized; Military Lawyers and Senators Say Proposed Rules for Evidence Are Unfair" and "Guantanamo More Strict, Detainees Say; Defense Attorneys Relate Clients' 'Despair.'"

The Los Angeles Times contains articles headlined "CIA Can Still Get Tough on Detainees; New interrogation rules will apply only to the military; The harsh tactics remain secret" and "Top Military Lawyers Dislike Tribunal Plan; Bush's proposal to allow withholding evidence from suspects would preclude 'a full and fair hearing,' they say; GOP leaders work on a deal."

The Chicago Tribune reports that "Bush plan vague on torture, evidence; Tribunal judges would decide if detainees had been abused, coerced."

And McClatchy Newspapers report that "Legal experts in military object to Bush plan" and "Suspects arrived at Guantanamo in good health, commander says."
Posted at 08:10 AM by Howard Bashman



"Bush Calls For Greater Wiretap Authority; President Says Power Is Needed for Threat": This front page article appears today in The Washington Post.
Posted at 08:02 AM by Howard Bashman


"Rhode Island's Lincoln Chafee faces primary defeat": McClatchy Newspapers provide this report.
Posted at 08:00 AM by Howard Bashman


"Judges shy away from prayer ban; Panel hears Bosma's challenge to ruling that halted overtly Christian invocations": The Indianapolis Star contains this article today, along with an op-ed by columnist Matthew Tully entitled "Let's face it, prayer issue is all about, well, politics."

And The Post-Tribune of Merrillville, Indiana today contains an article headlined "Prayer in House 'free-speech issue.'"
Posted at 07:58 AM by Howard Bashman



"Court Suspends Enforcement of Indecency Ruling; Broadcasters Had Appealed FCC's Findings on 'NYPD Blue' and Other Shows": This article appears today in The Washington Post.

The Los Angeles Times reports today that "FCC's Indecency Rules Put on Hold; A court temporarily bars the agency from using stricter standards pending a challenge."

My earlier coverage is at this link.
Posted at 07:48 AM by Howard Bashman



"Beinish unanimously approved as new Supreme Court president": Haaretz provides this report.
Posted at 07:42 AM by Howard Bashman


"Court Decision Prompts S.E.C. to Revisit a Rule on Shareholder Proposals": The New York Times contains this article today.

You can access Tuesday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:40 AM by Howard Bashman



"Eavesdropping case gains steam; A judge gives a defunct Oregon charity the go-ahead on a lawsuit over private conversations": This article appears today in The Oregonian.

And today in The New York Times, Adam Liptak reports that "Judge Allows Islamic Group to Challenge Wiretapping."

I have posted online at this link a copy of yesterday's ruling of the U.S. District Court for the District of Oregon.
Posted at 07:33 AM by Howard Bashman



Thursday, September 07, 2006

"Lawyers and G.O.P. Leaders Raise Doubts on Tribunals": Friday's edition of The New York Times will contain this article.
Posted at 10:52 PM by Howard Bashman


"Lawsuit seeks to block blogger; First Amendment advocates decry 'prior restraint'": This article appeared Tuesday in The Orlando Sentinel.
Posted at 10:50 PM by Howard Bashman


Available online from law.com: Tony Mauro has an article headlined "Is Time Ripe for 'Dr. Miles' to Fall? Supreme Court may review long-standing antitrust precedent."

Marcia Coyle reports that "Judicial Surveys Vex the Bench."

And Shannon P. Duffy has an article headlined "3rd Circuit Reverses Itself on Groundbreaking Sex Discrimination Ruling; Vacating opinion by late Judge Becker, court broadens scope of ministerial exception." My earlier coverage appears at this link.
Posted at 10:42 PM by Howard Bashman



"Prosecutors 'fishing' for confidential sources, paper says; Chronicle lawyers argue only grand jury leak at issue": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:38 PM by Howard Bashman


"Birth control suit tests court; Religious groups argue they should not have to provide state-mandated contraceptive coverage": This article appears today in The Times Union of Albany, New York.
Posted at 07:28 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Military Lawyers Balk at President's Tribunal Plan"; "Senators Wary of Bush's New Detainee Policy"; "Senate Panel Weighs U.S. Wiretapping Program"; and "Sisters Seek Partner Status in British Courts."
Posted at 06:48 PM by Howard Bashman


In Friday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Bush's bid to unsnarl law on terrorism; President Bush faces an array of challenges on issues from warrantless wiretaps to military tribunals."

Tomorrow's newspaper will also contain an article headlined "Bush moves to shore up war-on-terror credentials; His speeches on security this week signal that Republicans will use the terrorism issue for the third election in a row."
Posted at 05:50 PM by Howard Bashman



"Judge Won't Dismiss Eavesdropping Suit": The Associated Press provides this report.
Posted at 05:08 PM by Howard Bashman


"Court deems search improper; Man whose pants were searched gets new trial": The News & Observer of Raleigh, North Carolina today contains an article that begins, "A Charlotte man won a new trial Tuesday because a police officer conducted an 'intrusive genital inspection' without warning and probable cause to think that drugs were in the man's pants."

You can access yesterday's ruling of the North Carolina Court of Appeals at this link.
Posted at 05:05 PM by Howard Bashman



"Change In Approach; Ex-Chief Justice Shows Humility Before Judicial Panel": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 03:20 PM by Howard Bashman


"Appeals court hears arguments in Indiana legislative prayer case": The Associated Press provides this report.
Posted at 03:05 PM by Howard Bashman


The Tenth Circuit's Judicial Conference begins today: Sure, the conference may have two current and one retired U.S. Supreme Court Justices in attendance, but can Colorado Springs ever hope to compete with Brainerd, Minnesota?

Tomorrow, while he's in the neighborhood, Justice Stephen G. Breyer will help dedicate a new law school building at the University of Colorado School of Law.
Posted at 12:50 PM by Howard Bashman



"Carjacker's 3-strikes life sentence is upheld": This article appears today in The Deseret Morning News. My earlier coverage appears here.
Posted at 12:40 PM by Howard Bashman


"Court rules against primary regulations; Decision says policies hinder minor parties": The Cincinnati Enquirer contains this article today.

The Cleveland Plain Dealer reports today that "U.S. court edits Ohio election law."

And The Associated Press reports that "Court Sides With Minor Parties in Ohio."

My earlier coverage appears at this link.
Posted at 12:38 PM by Howard Bashman



"New Plan for Terror Suspects": This segment (available online in both RealPlayer and Windows Media Player formats) appeared on today's broadcast of the public radio program "On Point."
Posted at 12:00 PM by Howard Bashman


"Lawyers Warn Against Evidence Limits": The Associated Press provides a report that begins, "The Pentagon's top uniformed lawyers took issue Thursday with a key provision of a White House plan to prosecute military detainees, contending that language potentially restricting a defendant's access to evidence could violate treaty obligations."
Posted at 11:38 AM by Howard Bashman


"Park ban on molesters upheld; Federal court ruling gives advocates hope that city's ordinance can survive challenge": This article appears today in The Indianapolis Star.

My earlier coverage is at this link.
Posted at 11:30 AM by Howard Bashman



"FCC gets 2 months to reconsider 'NYPD Blue' indecency ruling": The Associated Press provides a report that begins, "A federal appeals court Thursday granted the Federal Communications Commission two more months to decide whether 'NYPD Blue' and three other television programs violated rules governing the broadcast of indecent and profane material."

And Broadcasting & Cable reports that "FCC Gets To Reconsider Profanity Rulings."

I have posted online at this link a copy of today's order of the U.S. Court of Appeals for the Second Circuit.
Posted at 11:15 AM by Howard Bashman



In today's mail: A copy of the forthcoming book "A Well-Paid Slave: Curt Flood's Fight for Free Agency in Professional Sports," by Brad Snyder, examining "the landmark Supreme Court case that changed professional sports forever."
Posted at 11:05 AM by Howard Bashman


"Prayer in the House: Federal appeals court to hear argument in Indiana case today." This editorial appears today in The Evansville Courier & Press.
Posted at 10:54 AM by Howard Bashman


"Oops, Never Mind, Appeals Court Says": Inside Higher Ed today provides this report. My coverage from yesterday is available at this link.
Posted at 10:45 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "President Asks for Approval of Guantanamo Commissions"; "Congress, White House Clash over Detainee Prosecutions"; "U.S. Acknowledges Existence of Secret CIA Prisons"; "President Provides Details on Secret Detainees"; and "Interrogation Manual Recognizes Some Geneva Rights."

RealPlayer is required to launch these audio segments.
Posted at 09:38 AM by Howard Bashman



Available online at Salon.com: Mark Benjamin has an essay entitled "Mixed messages on torture: While Bush was defending 'tough' interrogation at one press conference, the Army was calling torture useless at another."

Alex Koppelman has an essay entitled "'We tortured an insane man': The author of 'The One Percent Doctrine,' Ron Suskind, talks about what the U.S. really got out of Abu Zubaydah and why waterboarding doesn't make America safer."

And Glenn Greenwald has an essay entitled "Playing the terror card again: Bush's confession that the CIA has been secretly holding prisoners is a cynical move to boost Republicans in the polls."
Posted at 08:40 AM by Howard Bashman



"Fore! How a swanky private golf club fell into the crosshairs of eminent domain." Duncan Currie has this essay online today at The Weekly Standard.
Posted at 08:37 AM by Howard Bashman


Available today at National Review Online: Alykhan Velshi and Howard Anglin have an essay entitled "Who's Really Ignoring the Geneva Conventions? The Supreme Court gave us a selective reading in Hamdan."

And Peter Kirsanow has an essay entitled "Failure of Proof: The elusive benefits of diversity" that begins, "The Supreme Court will be considering two cases in the coming term that will determine whether the benefits that flow from racially diverse K-12 classrooms constitute a compelling state interest."
Posted at 08:35 AM by Howard Bashman



"Ban on hidden court cases urged; The Florida Supreme Court will consider imposing newly proposed rules that would prevent court cases from being hidden from public view": The Miami Herald contains this article today. And columnist Fred Grimm has an op-ed entitled "Broward 'Bubba judges' up to same old tricks."
Posted at 08:13 AM by Howard Bashman


"Bush Acknowledges Secret Jails; 14 Top Terror Suspects Sent by CIA to Guantanamo for Trials": This article appears today in The Los Angeles Times, along with articles headlined "Bush's Plan Allows Coerced Evidence; Convictions could also be based on material unseen by the accused; The Senate may object"; "Terror Suspects Still at Large; Of 86 individuals that detainees say Al Qaeda 'deemed suitable' for attacks in the U.S. or Europe, most remain free, documents show"; and "A New Issue in the Election Mix." The newspaper also contains an editorial entitled "Barely Legal War-making: The president who redefined torture and sidelined Congress is finally giving lip service to the law and playing nice with the legislative branch."

Today's edition of The Washington Post, in addition to containing the articles I linked to here, contains an article headlined "Secret World of Detainees Grows More Public" and an editorial entitled "Ending the Lawlessness: President Bush wants congressional action on detainees; That's good -- as long as he doesn't get the bill he wants."

The New York Times contains an editorial entitled "A Sudden Sense of Urgency."

USA Today contains articles headlined "Congress pressed for laws to meet 'new era' threats; President says no suspects tortured"; "3 Republican senators among critics of military tribunal plan; Warner says compromise is in works"; and "New Pentagon rules ban 'abusive' interrogation; Use of dogs, hoods forbidden; psychological approaches OK." A related editorial is entitled "Bush puts 9/11 suspects in Gitmo, Congress on the spot."

The Chicago Tribune contains articles headlined "Bush confirms use of CIA secret prisons"; "Behind disclosures, GOP political agenda"; and "U.S. revises rules for detainees; Treatment will follow Geneva Conventions."

And today in The New York Sun, Josh Gerstein reports that "14 Alleged Qaeda Operatives Transferred to Guantanamo." And an article reports that "Opposition Likely to Bush's Plan on War Tribunals."
Posted at 08:10 AM by Howard Bashman



"Owning O.J.: How do you squeeze a dime out of a celebrity? Sue to own one." Columnist Patt Morrison has this op-ed today in The Los Angeles Times.
Posted at 07:58 AM by Howard Bashman


"Blacks May Gain as UCLA Moves to Alter Admissions; Using a 'holistic' model, officials would view student achievements in light of life experiences": This article appears today in The Los Angeles Times.
Posted at 07:57 AM by Howard Bashman


"Del. lawmakers support Jordan at hearing; District judge expected to sail through vote by committee on elevation to Circuit Court": The News Journal of Wilmington, Delaware contains this article today.
Posted at 07:55 AM by Howard Bashman


"U.S. Seeking Shift in Law in Lay's Case": This article appears today in The New York Times.

And The Houston Chronicle reports that "Prosecutors seek a new law to keep his conviction alive, despite his death."

You can access a copy of the federal government's court filing at this link.
Posted at 07:40 AM by Howard Bashman



"Ex-Officials of Justice Dept. Oppose Prosecutors' Tactic in Corporate Criminal Cases": The New York Times contains this article today.
Posted at 07:35 AM by Howard Bashman


"'Addiction' to BlackBerries May Bring on Lawsuits": This article appears today in The New York Sun.
Posted at 06:50 AM by Howard Bashman


Wednesday, September 06, 2006

"Checked and Imbalanced: The president tries for a do-over in his Gitmo speech." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:58 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained an audio segment entitled "Bush Revives Goal of Guantanamo Bay Tribunals."

And this evening's broadcast of "All Things Considered" contained audio segments entitled "Bush Concedes CIA Ran Secret Prisons Abroad"; "Hamdan Lawyer Reacts to Bush Tribunal Proposal"; and "Manual Defines Limits of Prisoner Interrogation."

RealPlayer is required to launch these audio segments.
Posted at 11:57 PM by Howard Bashman



"President Moves 14 Held in Secret to Guantanamo": This article will appear Thursday in The New York Times. Tomorrow's newspaper will also contain an article headlined "Proposal for New Tribunals for Terror Suspects Would Hew to the First Series" and a news analysis headlined "A Challenge From Bush to Congress."

Thursday's edition of The Washington Post will contain front page articles headlined "Bush Says Detainees Will Be Tried; He Confirms Existence of CIA Prisons"; "New Rules of Interrogation Forbid Use of Harsh Tactics"; and "President Shifts Argument, Catches Critics Off Guard." The newspaper will also contain articles headlined "Officials Relieved Secret Is Shared" and "Detainee Decision Greeted Skeptically."

And McClatchy Newspapers provide reports headlined "Doubts surface if architects of Sept. 11 attacks will ever go to trial"; "Bush announces plan to bring top terror suspects to trial"; "Interrogation led to arrest of suspects in Sept. 11 attacks"; and "Pentagon spells out new rules for questioning detainees."
Posted at 11:45 PM by Howard Bashman



Available online from law.com: A report from The Associated Press is headlined "Lessig's Victory Against Music School Is Personal, Painful."

And an article is headlined "The Anonymous Anti-Hero: First it was a Web site, then a book, and now Jeremy Blachman may have a TV series based on a mythical law firm from hell."
Posted at 11:40 PM by Howard Bashman



"Law proposed to block overturning of Lay conviction": The Houston Chronicle provides a news update that begins, "The Department of Justice is proposing legislation that would prevent the estate of the late Ken Lay from having his conviction overturned because of his death. In a court filing this afternoon prosecutors provided a draft of legislation that would essentially prevent courts from vacating criminal convictions if a defendant dies before going through the entire appeals process." The newspaper has posted online the federal government's court filing at this link.

And The Associated Press reports that "Feds Seeking to Preserve Lay Conviction."
Posted at 08:55 PM by Howard Bashman



"Judges cite more blogs in rulings; Law student survey finds 32 Web log citations in the last two years": This article appears in this week's issue of The National Law Journal, bringing to mind my recent law.com essay entitled "Viewing Law Blogs as a Vast Amicus Brief."
Posted at 08:45 PM by Howard Bashman


Tenth Circuit rejects argument that third-strike life sentence without parole for federal criminal offense of carjacking is unconstitutional: You can access today's ruling at this link.
Posted at 08:20 PM by Howard Bashman


"The Anonymous Tax Court Case": This post reporting on a tax court ruling issued today appears at "TaxProf Blog."
Posted at 05:45 PM by Howard Bashman


"Congress Takes Up Surveillance Bills": The Associated Press provides this report.
Posted at 05:00 PM by Howard Bashman


"President Discusses Creation of Military Commissions to Try Suspected Terrorists": The White House has issued this transcript of President Bush's remarks this afternoon, along with a news release titled "Myth/Fact: the Administration's Legislation to Create Military Commissions."
Posted at 04:45 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Bush to Outline Treatment of 'Enemy Combatants'"; "The Shifting Legal Status of Terrorism Detainees" (featuring Dahlia Lithwick); and "Domestic Safety Since Sept. 11: John Yoo." RealPlayer is required to launch these audio segments.
Posted at 03:50 PM by Howard Bashman


"Gitmo Tribunals May Resume in Early '07": The Associated Press provides this report.
Posted at 03:45 PM by Howard Bashman


New Fifth Circuit vacancy resulting from Circuit Judge Patrick E. Higginbotham's having taken senior status: According to this chart maintained by the Administrative Office of the United States Courts, Judge Higginbotham took senior status on Monday, August 28, 2006. (Via "Confirm Them").
Posted at 03:15 PM by Howard Bashman


"Legal Experts Ridicule Court Opinion Striking Down Terrorist Surveillance Program": The U.S. Senate's Republican Policy Committee issued this Policy Paper today.
Posted at 03:00 PM by Howard Bashman


"This Court has not previously ruled on the viability or the scope of the ministerial exception. Today, we join seven of our sister circuits in adopting the exception and hold that it applies to any claim, the resolution of which would limit a religious institution's right to choose who will perform particular spiritual functions." Judge D. Brooks Smith issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit.

The very first footnote to today's ruling states:

This case was originally argued on October 20, 2005, before Judges Smith, Becker, and Nygaard. On May 23, 2006, an opinion by a majority of the original panel was filed, affirming in part, reversing in part, and remanding the case for further proceedings. Judge Smith filed a dissenting opinion on the same day. Judge Becker, who authored the majority opinion, died on May 19, 2006, after the case had been circulated to the full court, but before the opinions were filed. Appellants petitioned for rehearing en banc or, in the alternative, rehearing by a reconstituted panel. Because of this chain of events, the Court granted the Appellants' request for rehearing by a reconstituted panel. Judge Nygaard subsequently recused himself from the reconstituted panel. Judges Cowen and Greenberg were selected at random to replace Judges Becker and Nygaard.
As a result of the reconstitution of the panel, Judge Smith's formerly dissenting views regarding the so-called "ministerial exception" now represent the law of the Third Circuit.

My coverage of the original three-judge panel's opinion can be accessed at this link. And my post reporting on the Third Circuit's en banc order granting panel rehearing can be accessed here.
Posted at 02:40 PM by Howard Bashman



"Journalist and Judge Honored by Indiana Judges Association": Congratulations to Marcia J. Oddi, author of "The Indiana Law Blog," who is one of two recipients of this year's Commendations for Excellence in Public Information and Education Awards from the Indiana Judges Association. A prolific law blogger is being honored as a journalist by an association of judges for keeping the public educated and informed about the judiciary -- this is an exciting development!
Posted at 02:35 PM by Howard Bashman


"Bush Transfers 14 CIA Detainees to Gitmo": The Associated Press provides this report.

And CNN.com reports that "Top terror detainees to face military tribunals."
Posted at 01:50 PM by Howard Bashman



Same-sex marriage opponents lose constitutional challenge to Illinois law governing inclusion of an advisory question on that State's ballot: Seventh Circuit Judge Richard A. Posner issued this interesting opinion today on behalf of a unanimous three-judge panel of that court.

According to the decision, "The plaintiffs want to place on the ballot for the forthcoming elections in November the question whether the Illinois General Assembly should propose to amend the state constitution to provide that in order 'to secure and preserve the benefits of marriage for our society and for future generations of children, a marriage between a man and a woman is the only legal union that shall be valid or recognized in this State.'"

Today's ruling affirms a federal district court's decision dismissing plaintiffs' lawsuit, "which charges that the requirements for getting an advisory question on the Illinois ballot are so onerous that they violate freedom of speech (or of association, or to petition for redress of grievances), equal protection, and due process of law."
Posted at 12:30 PM by Howard Bashman



"The Federal Income Tax Consequences of the Bobble Supreme Phenomenon": Law Professor Leandra Lederman has this article (abstract with links for download) in the Summer 2006 issue of The Green Bag (via "Legal Theory Blog"). Some of my earlier coverage of this phenomenon can be accessed via this link.
Posted at 12:20 PM by Howard Bashman


"'Less' is 'More'? Textualism, Intentionalism, and a Better Solution to the Class Action Fairness Act's Appellate Deadline Riddle." Law Professor Adam Steinman has this article (abstract with links for download) online at SSRN (via "Legal Theory Blog").

Earlier this year, I had this essay on law.com addressing that same subject.
Posted at 12:00 PM by Howard Bashman



Not that fellow who fights Inspector Clouseau in the Pink Panther movies: The 2005–2006 issue of the Cato Supreme Court Review will become available next Thursday in connection with this event in Washington, DC.

The publication will include a piece by Law Professor Peter B. Rutledge entitled "Looking Ahead: October Term 2006" (abstract with links for download).
Posted at 11:55 AM by Howard Bashman



"We have no reason to believe that evangelical Christians as a class are 'unusually susceptible' to fraud." The federal Sentencing Guidelines contain a provision authorizing greater punishment if the victim of a crime was especially vulnerable. Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision holding that "Absent findings by the District Court that any specific victim was especially gullible because of his religion, we cannot conclude that evangelical Christian victims were susceptible to fraudulent schemes involving religious imagery in a manner analogous to how desperate cancer patients might be susceptible to con artists selling placebos."
Posted at 11:40 AM by Howard Bashman


"Attorney General Gonzales supports military tribunals": McClatchy Newspapers provide this report.
Posted at 11:34 AM by Howard Bashman


"Bush to unveil new plan for Guantanamo detainees": CNN.com provides this report.
Posted at 11:33 AM by Howard Bashman


"As the regulations are not narrowly tailored and do not advance a compelling state interest, Ohio's system for registering new political parties violates the Constitution." A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued its ruling today in Libertarian Party of Ohio v. Blackwell.
Posted at 09:58 AM by Howard Bashman


"U.S. Attorney General Discusses Terror Prosecutions": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:10 AM by Howard Bashman


"This Land Is Whose Land? In which Piscataway seizes the Halper family farm." In the September 11, 2006 issue of The Weekly Standard, Matt Labash has an essay that begins, "This past winter, when last we left Logan Darrow Clements in the snows of New Hampshire, he was engaged in a modest, civic-minded enterprise. He was trying to steal the house of Supreme Court justice David Souter."
Posted at 09:07 AM by Howard Bashman


"District judge gets Senate hearing date": Last Friday's edition of The News Journal of Wilmington, Delaware contained an article that begins, "Delaware U.S. District Judge Kent A. Jordan will be in Washington on Wednesday for his confirmation hearing to the U.S. 3rd Circuit Court of Appeals." The confirmation hearing is scheduled to begin at 2 p.m. today before the Senate Judiciary Committee.
Posted at 09:00 AM by Howard Bashman


"Feds back state on House prayer; Hearing on appeal is Thursday": This article appears today in The South Bend Tribune.

The Evansville Courier & Press reports today that "Court to hear House prayer appeal."

The Indianapolis Star reports that "House taking donations to fight prayer ruling; Lawmaker says people asked if they could contribute."

The Journal Gazette of Fort Wayne reports that "Prayer fray heads back into court; House appeals federal ruling."

And The Associated Press reports that "Federal Court to hear House prayer case."
Posted at 08:23 AM by Howard Bashman



"Conservatives Urge One More Push for Judges": Today's issue of Roll Call contains an article (subscription required) that begins, "Despite renewed political pressure to advance five controversial appellate court judges, Senate GOP leaders remain skeptical that they can take up and win a major battle over judicial nominations with just four weeks left on the Congressional calendar before Election Day."
Posted at 08:13 AM by Howard Bashman


"Republican Rift Over Wiretapping Widens; Party at Odds on Surveillance Legislation": This article appears today in The Washington Post.
Posted at 08:10 AM by Howard Bashman


Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "High court justices sound cool toward Internet libel case" and "Threat of prison delayed for BALCO reporters."
Posted at 08:07 AM by Howard Bashman


"Jackson Case Reopens Debate on Private Judges; Pop star's dispute with ex-wife heads for county court as officials seek to reform system": The Los Angeles Times today contains an article that begins, "Starting today, Michael Jackson will figure in another courtroom drama -- this one centering on attempts by Los Angeles Superior Court officials to show that celebrities and other rich people can't buy special treatment from the legal system when they have business disputes or want to get divorced."
Posted at 08:04 AM by Howard Bashman


"Army to Use Geneva Rules for Detainees; New manual eliminates secret tactics and separate standards for questioning captives": This article appears today in The Los Angeles Times.
Posted at 08:02 AM by Howard Bashman


"Problems Alleged in Execution of Crips Co-Founder; Lawyers for another condemned inmate say Stanley Tookie Williams may have felt horrible pain": Henry Weinstein has this article today in The Los Angeles Times.

And today in The Sacramento Bee, Claire Cooper reports that "Doctor at execution balked; Anesthesiologist's refusal to actively participate caused halt to Morales procedure."
Posted at 08:00 AM by Howard Bashman



"Anti-Spam Conviction Is Upheld; N.C. Man Flooded AOL Customers With Unsolicited E-Mail": This article appears today in The Washington Post.

The Richmond Times-Dispatch reports today that "Spammer's conviction upheld; Three-judge panel also ruled the state's three-year-old anti-spam law constitutional."

And The Free Lance-Star of Fredericksburg, Virginia reports today that "Appeals court upholds state anti-spam law."

You can access yesterday's ruling of the Court of Appeals of Virginia at this link.
Posted at 07:53 AM by Howard Bashman



"Justice Kennedy Has Stent Implanted; Moderate Jurist's Heart Is Undamaged, Court Officials Say": Charles Lane has this article today in The Washington Post.

David G. Savage of The Los Angeles Times reports that "Justice Kennedy Has Artery Stent Replaced; He is hospitalized briefly for what experts say is a rather common follow-up procedure."

And The New York Times reports today that "Justice Kennedy Has Stent Put in Artery."
Posted at 07:40 AM by Howard Bashman



"Solicitor general shares experience with students": The Baylor Lariat today contains an article that begins, "United States Solicitor General Paul D. Clement paid a visit Tuesday to the Sheila and Walter Umphrey Law Center. Clement spoke to law students and faculty about his experience with both the Department of Justice and the Supreme Court."
Posted at 07:38 AM by Howard Bashman


"GOP Senators Differ With President on Military Trials; Terrorism Suspects' Right To Information Is at Issue": This article appears today in The Washington Post.
Posted at 07:35 AM by Howard Bashman


"IBM pension case may go to Supreme Court": MarketWatch provides this report.
Posted at 07:33 AM by Howard Bashman


"Judge Hears Arguments on Federal Spying Program": Adam Liptak has this article today in The New York Times.

And The Associated Press reports that "Lawyer Defends Wiretapping Program."
Posted at 07:28 AM by Howard Bashman



"Woman to lead highest court in Iowa; Marsha Ternus, on the Supreme Court since '93, will break new ground when she succeeds the retiring Louis Lavorato": This article appears today in The Des Moines Register.

And The Associated Press reports that "Iowa Court Elects Female Chief Justice."
Posted at 06:45 AM by Howard Bashman



In today's edition of The New York Sun: Josh Gerstein reports that "Judge in Aipac Case Has Pattern On Free Speech."

And in other news, "Wiretapping as Anti-Terror Tool Called a Presidential Prerogative."
Posted at 06:40 AM by Howard Bashman



Tuesday, September 05, 2006

Available online from law.com: An article reports that "Calif. High Court Cold to Liability in Online Speech."

And in other news, "'Offensive' Speech Gets Narrow Reading at 2nd Circuit; Panel holds censorship of t-shirt violates student's rights." You can access last Wednesday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:15 PM by Howard Bashman



Judge Wu nominated to fill vacancy to be created by the impending retirement of Judge Lew: The White House today officially renominated its returned federal appellate court nominees and made a bunch of new U.S. District Court nominations, including one that rhymes.

Since this blog's founding in May 2002, I've yet to attempt to determine which if any Article III judges have a last name that rhymes with the last name of the judge who created the vacancy being filled. Moreover, if a judge with the last name Anewseet were appointed to fill a new seat, that too would count.
Posted at 09:55 PM by Howard Bashman



"Frank Easterbrook: A Portrait of the Next Chief." Stephen M. Shapiro, Andrew L. Frey, and Kenneth S. Geller have this interesting article in the current issue of The Circuit Rider, a publication of the Seventh Circuit Bar Association (via "DePaul ACS Blog").
Posted at 09:40 PM by Howard Bashman


"Goldman seeks control of O.J. Simpson's right to publicity": CNN.com provides a report that begins, "In what may be an unprecedented legal move, Fred Goldman is asking to have control over O.J. Simpson's publicity rights to his own likeness, name and persona to satisfy a multimillion-dollar wrongful death judgment."
Posted at 08:40 PM by Howard Bashman


"Justice Kennedy Gets New Stent": The AP provides this report.
Posted at 07:15 PM by Howard Bashman


"Feds, Chronicle reporters make deal to speed case along": Bob Egelko of The San Francisco Chronicle provides this news update.

And David Kravets of The Associated Press reports that "Reporters to Appeal in Bonds Leak Case."
Posted at 07:12 PM by Howard Bashman



92-0: That's the final result of the U.S. Senate's vote, which concluded just moments ago, to confirm Law Professor Kimberly Ann Moore to be United States Circuit Judge for the Federal Circuit.

Update: The official roll call vote tally is available at this link.
Posted at 06:05 PM by Howard Bashman



"'Hamdan v. Rumsfeld': Path to a Landmark Ruling." This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:04 PM by Howard Bashman


"Kennedy has surgery": At "SCOTUSblog," Lyle Denniston has a post that begins, "Supreme Court Justice Anthony M. Kennedy has had surgery in Washington to replace a stent -- a device used to keep open a vein that had previously been blocked."
Posted at 05:55 PM by Howard Bashman


"Ask No Promises of These Political Candidates": Judicial elections are the subject of this recent essay by Bloomberg News columnist Ann Woolner.
Posted at 04:55 PM by Howard Bashman


"Affirmative Action Cases on High Court's Docket": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 02:54 PM by Howard Bashman


"Law Professor Beats the Odds with High Court Win": On today's broadcast of NPR's "Morning Edition," Nina Totenberg had this audio segment (RealPlayer required) profiling Neal Katyal.
Posted at 02:25 PM by Howard Bashman


Seventh Circuit rejects convicted child molester's due process challenges to Indiana town's resolution prohibiting him from being present in any of the town's public parks: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Update: Via this post at the "The Indiana Law Blog," you can access the federal district court ruling that the Seventh Circuit affirmed today.
Posted at 12:14 PM by Howard Bashman



"DOJ Losing Ground In Wiretap Fight; Four Federal Cases Challenge Warrantless Surveillance Program": This article (free access) appears in this week's issue of Legal Times.
Posted at 11:35 AM by Howard Bashman


What do you call a handwritten typo? While I was on vacation last week, a reader emailed to draw my attention to the fact that Seventh Circuit Judge Richard A. Posner's official financial disclosure form for 2006, on which Judge Posner appears to have handwritten his answers, states that he serves on the U.S. Court of Appeals for the Second Circuit. All those other circuits that failed to claim Judge Posner off the waiver-wire are probably kicking themselves right about now. Word is that the Seventh Circuit will receive a circuit judge to be named later and cash considerations in the deal.

In addition to secretly switching circuits, Judge Posner also recently appeared on "The Glenn & Helen Show" (providing links for audio download).
Posted at 10:44 AM by Howard Bashman



"The central issue in this case is whether the Fourth Amendment is implicated when a police officer investigates an automobile license plate number using a law enforcement computer database." The majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today answers "no" in a decision that you can access here.
Posted at 10:25 AM by Howard Bashman


"Wow, David Lat -- the erstwhile Article III Groupie, who's now blogging at Above the Law -- is getting doubly slammed over there at Feminist Law Professors." So begins a post this morning from Ann Althouse.
Posted at 08:23 AM by Howard Bashman


Available for viewing online from C-SPAN's "America & the Courts": This past Saturday's broadcast is titled "First Year of the Roberts Court." Panelists included "Los Angeles Times Supreme Court Correspondent David Savage, Yale University Law Professor Akhil Reed Amar, and Duke University Law Professor Erwin Chemerinsky." You can view the video online, on-demand, by clicking here. My earlier coverage of this event can be accessed at this link.

And two Saturdays ago, the broadcast was titled "Supreme Court Term Review." Panelists included "Deputy Solicitor General Gregory Garre [and] Attorney Tom Goldstein." You can view the video by clicking here. My earlier coverage of this event appears at this link.

RealPlayer is required to launch these video segments.
Posted at 08:14 AM by Howard Bashman



"Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings": The new installment of my "On Appeal" column for law.com is at this link.
Posted at 07:30 AM by Howard Bashman


"This Mommy Track May Go Somewhere; Some companies offer a chance to advance on a schedule that allows more time at home": The Los Angeles Times today contains an article that begins, "Attorney Becky Belke works at a Los Angeles law firm where colleagues regularly toil nights and weekends."
Posted at 07:15 AM by Howard Bashman


Young law professor to be confirmed as federal appellate judge this afternoon: At 4:30 p.m. today, the U.S. Senate is scheduled to hold an up-or-down vote on the nomination of Kimberly Ann Moore to be United States Circuit Judge for the Federal Circuit.

Professor Moore -- whose rapid confirmation has not been hindered by the fact that the web page containing her resume at the U.S. Department of Justice's site says on the upper-left-hand corner of the page "Estrada resume" -- will not reach 40 years of age until 2008, and thus today she will become the youngest federal appellate judge currently serving on the bench.
Posted at 07:10 AM by Howard Bashman



"Justices Around the World": Charles Lane has this item today in The Washington Post.
Posted at 06:52 AM by Howard Bashman


"Big Tobacco, Lawless as Ever: Profiting by manipulating addictions that kill." This editorial appears today in The Washington Post.
Posted at 06:50 AM by Howard Bashman


"Former U.S. Justice O'Connor says courts have more terror-related decisions ahead": The Associated Press provides this report from Liechtenstein.
Posted at 06:35 AM by Howard Bashman


"The Further Dangers of Secrecy: A Federal District Court Interprets the Foreign Intelligence Surveillance Act to Allow Spying on Those Who Are Neither Spies Nor Terrorists." Jennifer Van Bergen has this essay online today at FindLaw.
Posted at 06:25 AM by Howard Bashman


Monday, September 04, 2006

"Hands Off Constitutions: This Isn't the Way to Ban Same-Sex Marriage." Fourth Circuit Judge J. Harvie Wilkinson III will have this op-ed Tuesday in The Washington Post.
Posted at 11:35 PM by Howard Bashman


"Judge's allies press for vote in Senate": The News & Observer of Raleigh, North Carolina today contains an article that begins, "For U.S. District Judge Terrence Boyle, the next four weeks could make the difference in whether he can finally, after a tumultuous, years-long battle, land a seat on the nation's second-highest court."

Fans of the D.C. Circuit may be dismayed to learn that the article is referring to the U.S. Court of Appeals for the Fourth Circuit as the nation's second-highest court, as though all U.S. Courts of Appeals (perhaps even the Federal Circuit -- the potential dumping-ground for all sorts of unwanted cases) were of equal importance.

Thanks to "Confirm Them" for the pointer.
Posted at 09:35 PM by Howard Bashman



"Spying as a form of censorship": Online at the First Amendment Center, Paul K. McMasters has an essay that begins, "The first federal court decision to address the legality of warrantless eavesdropping on the telephone and Internet conversations of U.S. citizens caused quite a stir when it was handed down Aug. 17." At last check, Law Professor Brian Leiter hasn't yet taken issue with the essay's characterization of "How Appealing" as "authoritative."
Posted at 09:28 PM by Howard Bashman


"S. Dakota Becomes Abortion Focal Point; Voters to Decide Fate of State Ban": This article appeared one week ago today in The Washington Post.
Posted at 09:23 PM by Howard Bashman


"Suit over sex questions reaches Supreme Court; Palmdale parents object to survey of school children": Bob Egelko had this article last Wednesday in The San Francisco Chronicle.

In November 2005, I had this post about the ruling that Circuit Judge Stephen Reinhardt issued on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And in May 2006, I had this post about the three-judge panel's per curiam opinion denying panel rehearing but making two amendments to the panel's original ruling.
Posted at 09:18 PM by Howard Bashman



"Starr appeals bong hits case in high court": Last Tuesday's edition of The Juneau Empire contained an article that begins, "Famed attorney Kenneth Starr filed a petition for the Juneau School District on Monday in the country's highest court to hear the 'Bong Hits 4 Jesus' case."

The Anchorage Daily News on Tuesday reported that "Starr joins Juneau bong case; High school senior held up controversial banner in 2002."

And The Associated Press reports that "Starr Appeals 'Bong Hits 4 Jesus' Case."

The Wall Street Journal Online's "Law Blog" has posted online a copy of the petition for writ of certiorari at this link.

My earlier coverage of the Ninth Circuit's ruling in this case can be accessed here.
Posted at 09:05 PM by Howard Bashman



"2nd Circuit Rejects N.Y. Judicial Conventions; Court says system violates rights of voters and candidates alike": This article (free access) appeared late last week in the New York Law Journal.

Thursday's issue of The New York Times reported that "Appeals Court Backs Ruling on Judges' Elections."

And Thursday's issue of The Times Union of Albany, New York contained an article headlined "Ruling: Let voters decide; Appeals court scraps judicial conventions as unconstitutional."

You can access last Wednesday's opinion of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:50 PM by Howard Bashman



Available online from law.com: While I was on vacation last week, law.com published articles headlined "Exacting Easterbrook to Be Chief of 7th Circuit"; "Judge Facing Ethics Charges Seeks Recusal of Two N.J. High Court Justices"; and "3rd Circuit: DuPont Can't Get Help From U.S. for Voluntary Cleanup."
Posted at 08:44 PM by Howard Bashman


"May a testifying defendant be impeached at trial with statements made before trial to mental health professionals during a court-ordered examination to determine the defendant's mental competency to stand trial? We conclude that such impeachment violates the federal Constitution's privilege against self-incrimination." So begins the majority opinion in a ruling that a divided Supreme Court of California issued on Thursday.

In press coverage, Metropolitan News-Enterprise on Friday reported that "Prosecutors May Not Impeach Defendants With Statements Made in Court-Ordered Mental Competency Exams."
Posted at 08:40 PM by Howard Bashman



"Kennel worker loses suit; High court rules dog owners are not liable for bites": Bob Egelko had this article last Tuesday in The San Francisco Chronicle.

And Tuesday's issue of Metropolitan News-Enterprise contained an article headlined "S.C.--Dog Bite Statute Does Not Apply to Kennel Workers."

You can access last Monday's ruling of the Supreme Court of California at this link.
Posted at 08:30 PM by Howard Bashman



"Court Ruling Clears Mother in Son’s Suicide": This article appeared last Tuesday in The New York Times.

Last Tuesday's issue of The Hartford Courant reported that "Court Ends Scruggs' 'Hell'; Reverses Conviction Linked To Son's Suicide."

And The Record-Journal of Meriden, Connecticut reported last Tuesday that "Scruggs verdict overturned; State Supreme Court unanimous in decision; ruling states that law was unconstitutionally vague and orders an acquittal."

Last Monday's ruling of the Supreme Court of Connecticut consisted of the opinion of the court and a concurring opinion.
Posted at 08:24 PM by Howard Bashman



"An Enron twist: convicted but not guilty? A legal precedent could clear Ken Lay, the firm's late founder, making it hard for the US to tap his estate." Last Monday, this article appeared in The Christian Science Monitor.
Posted at 08:15 PM by Howard Bashman


"After a surge, US terror prosecutions drop to pre-9/11 levels": This article will appear Tuesday in The Christian Science Monitor. Earlier, I collected additional press coverage at this link.
Posted at 08:03 PM by Howard Bashman


This Dickens is charged with plagiarism; Not 'the best of times' for delinquent juror: Last Monday's issue of The Daily Press & Argus of Livingston, Michigan contained an article headlined "Judge sends a message on jury duty -- Man ordered to write paper after skipping out."

Yesterday, the newspaper published an article headlined "Punishment mounts for missing juror" that begins, "A former Tyrone Township man court-ordered to write a five-page paper on the history of jury service because he failed to report for jury duty in June found himself in the hot seat again -- for plagiarizing the paper."

And The Associated Press provides a report headlined "Juror Allegedly Steals 'Jury Duty' Paper" that begins, "As far as the judge was concerned, the paper he ordered Brandon Dickens to write as punishment for ducking jury duty was plagiarized."
Posted at 11:45 AM by Howard Bashman



"Voters not sold on push to end affirmative action; 2 months before election, only 41% support proposal": This article appears today in The Detroit Free Press.

And The Associated Press provides a report headlined "Poll: Mich. Split on Affirmative Action."

Last Wednesday, The Free Press reported that "Judge says ban to stay on ballot; Still, there was fraud, he adds."

Wednesday's issue of The Detroit Free Press reported that "Race issue remains on ballot; Judge rejects lawsuit to remove affirmative action referendum; opposition plans circuit court appeal." And on Thursday, columnist Laura Berman had an op-ed entitled "Voters must find truth in affirmative action debate."

You can access last week's ruling of the U.S. District Court for the Eastern District of Michigan at this link.

Finally, Thursday's issue of The Wall Street Journal contained an op-ed by Terrence Pell entitled "By Any Means Necessary: A federal judge plays politics in Michigan" that begins, "A decision Tuesday by a federal judge in Detroit could set the stage for a sweeping expansion of the Voting Rights Act, which would turn the federal courts into a national campaign police."
Posted at 11:33 AM by Howard Bashman



"Boom! Why Democrats should learn to stop worrying and love the 'nuclear option.'" Evan P. Schultz has this essay (free access) in today's issue of Legal Times.
Posted at 09:45 AM by Howard Bashman


"Christ art gone, but controversy remains; W.Va. town takes on constitutional debate": The Pittsburgh Post-Gazette contains this article today.
Posted at 09:03 AM by Howard Bashman


"President Set to Renominate Five for Appeals Courts": This article appeared Thursday in The New York Times.

That day's issue of The Richmond Times-Dispatch reported that "Bush to try 4th Circuit picks again."

And The Associated Press reports that "Bush Nominates 5 As Appeals Court Judges."

The official announcement from the White House can be viewed at this link.
Posted at 08:55 AM by Howard Bashman



"Sullivan To Testify At Hearing; Lawyer Silent On Ex-Chief Justice's Strategy In Fighting Ethics Charges Brought By Council": In last Thursday's edition of The Hartford Courant, Lynne Tuohy had an article that begins, "A lawyer for former state Supreme Court Chief Justice William J. Sullivan said Sullivan will testify in his own defense at a Judicial Review Council's disciplinary hearing next week on charges he acted unethically when he secretly withheld release of a controversial ruling to enhance Justice Peter T. Zarella's prospects of succeeding him as chief justice."
Posted at 08:45 AM by Howard Bashman


"New Republic Suspends an Editor for Attacks on Blog": This article appears today in The New York Times. A statement from the editor of The New Republic can be viewed at this link.
Posted at 08:35 AM by Howard Bashman


"Blawg Review #73": Available here, at "Workplace Prof Blog."
Posted at 08:23 AM by Howard Bashman


Sunday, September 03, 2006

"Study Finds Sharp Drop in the Number of Terrorism Cases Prosecuted": Eric Lichtblau will have this article Monday in The New York Times.

And The Washington Post on Monday will report that "Terrorism Prosecutions Drop; Analysis Shows a Spike After 9/11, Then a Steady Decline."

Via a post from Orin Kerr at "The Volokh Conspiracy," I see that the study in question can be accessed here.

And in somewhat related coverage, last Monday's edition of The Miami Herald contained an article headlined "Government's case against terror suspect faces obstacles; The prosecution of a former 'enemy combatant' from Broward County is not going as smoothly as predicted."
Posted at 11:00 PM by Howard Bashman



"White House Fights Race-Based Admissions Policies": That's the headline of Charles Lane's "Full Court Press" column published Monday in The Washington Post.
Posted at 10:54 PM by Howard Bashman


Game one: Philadelphia Phillies 8, Atlanta Braves 7; Game two: Atlanta Braves 3, Philadelphia Phillies 1 (11 innings). Today, my son and I saw twenty innings of baseball at Citizens Bank Park in Philadelphia. In game one, Ryan Howard hit three home runs to further extend the Phillies' single-season record and, in the process, break the record for a Major League Baseball player in his sophomore season. Nevertheless, the Braves managed to rally for a one run lead in the top of the ninth inning, requiring the Phillies to score two in the bottom of the ninth to notch the win. You can access the box score at this link, while wraps are available here and here.

Game two, by contrast, was a low scoring affair, as both starters held the opposition to a single run. Indeed, it was not until the top of the 11th inning that the Braves were able to jump ahead to a 3-1 lead, and this time closer Bob Wickman was equal to the task, holding the Phillies scoreless in the bottom of the 11th. You can access the box score at this link, while wraps are available here and here.
Posted at 09:15 PM by Howard Bashman



"High court suspends LNP fine; When final order will be issued still unclear": Yesterday's edition of The Lancaster (Pa.) Intelligencer Journal contained an article that begins, "The state Supreme Court Friday temporarily suspended a judge's $1,000-a-day fine on Lancaster Newspapers Inc. for refusing to turn over two reporters' computers to the state attorney general."

And The Associated Press reports that "Court Halts Fines for Newspaper for Now."
Posted at 08:15 AM by Howard Bashman



"New Rules Sought for Nevada Judges; One proposal is aimed at distancing jurists from campaign donors; another would change how they are chosen and retain their positions": This article appears today in The Los Angeles Times.
Posted at 08:10 AM by Howard Bashman


Saturday, September 02, 2006

"Blawg Review #72": Posted here last Monday, at the blog "Ernie the Attorney."

And here are two new blogs from familiar bloggers: David Lat's "Above the Law"; and Denise Howell's "Lawgarithms."
Posted at 11:58 PM by Howard Bashman



"Confusion over whether arrest near in Swann St. killing; Gay couple, housemate release statement claiming innocence": The Washington Blade yesterday posted online an article that begins, "D.C. police gave conflicting statements this week about whether they were about to make an arrest in the Aug. 2 murder of attorney Robert Wone inside the Dupont Circle home of a gay male couple."
Posted at 11:57 PM by Howard Bashman


"Legislature Barely Passes Bill to Allow Disputed KOCE Sale; All in GOP oppose measure to allow PBS station's foundation to buy with a lower bid than a rival's; Courts had voided the deal": This article appears today in The Los Angeles Times.
Posted at 11:45 PM by Howard Bashman


Stay tuned for the sequel "Ace Ventura: Pet Attorney." The New York Times on Sunday will contain an article headlined "New Breed of Lawyer Gives Every Dog His Day in Court."
Posted at 11:25 PM by Howard Bashman


"Leonard Levy, 83, Expert on Constitutional History, Is Dead": Adam Liptak had this obituary yesterday in The New York Times.

And online at the First Amendment Center, Ronald K.L. Collins has an item headlined "Famed First Amendment scholar Leonard W. Levy dies."
Posted at 11:23 PM by Howard Bashman



Philadelphia Phillies 16, Atlanta Braves 4: My son and I attended the "night" portion of today's day-night doubleheader at Citizens Bank Park. The game started ominously for Phillies fans, as starting pitcher Scott Mathieson was injured on his sixth pitch of the game. Eude Brito came in from the bullpen and pitched four pretty good innings after giving up a home run to Chipper Jones in the top of the first inning. Soon, the offense of the Phillies took over, and Braves fans were left to think of what could have been based on how the game started. You can access the box score at this link, while wraps are available here and here. My son and I are due back at the ballpark for more tomorrow afternoon, when these same two teams will face off in a traditional doubleheader (two games for the price of a single ticket).
Posted at 11:20 PM by Howard Bashman


"Freelance journalist released from prison; He says he'll return rather than give his tapes to prosecutor": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Freelance journalist Josh Wolf, who was released Friday after spending a month behind bars for refusing to surrender video of a turbulent political protest, said he'd rather return to prison than yield to prosecutors' demands."

And today in The Oakland Tribune, Josh Richman reports that "Journalist who refused to give video to grand jury free on bail; S.F. court is reviewing lower court's finding that Bay Area man is in civil contempt of court."
Posted at 03:20 PM by Howard Bashman



The Yale Daily News is reporting: Yesterday's newspaper contained articles headlined "Eli lawyers battle in detainee case"; "Officials declare Jovin murder a cold case, plan new review"; and "ACLU challenges new state campaign finance law."
Posted at 03:15 PM by Howard Bashman


'Comprehensive,' yes, but 'nonpartisan'? Back on August 19, 2006, The New York Times published a front page article headlined "Experts Fault Reasoning in Surveillance Decision" in which the third paragraph stated in pertinent part, "said Howard J. Bashman, a Pennsylvania lawyer whose Web log provides comprehensive and nonpartisan reports on legal developments."

On Thursday, at "Brian Leiter's Law School Reports" blog, a post appeared titled "Howard Bashman, Nonpartisan?" At the "De Novo" blog, Armen offers a response that maligns fans of the Philadelphia Phillies. Weather permitting, the next Phillies game that my son and I will attend will be tonight's game against the Atlanta Braves.
Posted at 08:45 AM by Howard Bashman



"Grandparent visitation rights upheld; Utah court: Parents are not the only ones with rights to their children." Last Saturday's issue of The Salt Lake Tribune contained this article.

And The Deseret Morning News last Saturday reported that "Grandparent-visit ruling is praised."

You can access the recent ruling of the Supreme Court of Utah at this link.

Meanwhile, in Pennsylvania, The Lock Haven Express on Thursday published this interesting letter to the editor supporting my client's position in the Pennsylvania Supreme Court's recent grandparent visitation decision, which I previously linked to here (second paragraph).
Posted at 08:35 AM by Howard Bashman



"Kennedy is major influence on court, experts say": This article appeared Thursday in The Ventura County Star.

The article reports on a symposium that occurred Wednesday at Pepperdine University's School of Law titled "The Rookie Year of the Roberts Court & A Look Ahead." You can access streaming video of the webcast, on demand, via this link.
Posted at 08:28 AM by Howard Bashman



"No Day at the Beach: Bloggers Struggle With What to Do About Vacation." On Thursday, while I was on vacation, The Wall Street Journal published this article (free access).
Posted at 08:20 AM by Howard Bashman


"Women Suddenly Scarce Among Justices’ Clerks": Linda Greenhouse had this article, to which a correction was appended yesterday, in Wednesday's issue of The New York Times. A related graphic (which is also a subject of yesterday's correction) is here.

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Clerked Around: Is there a major girl crisis in Supreme Court hiring?"
Posted at 08:15 AM by Howard Bashman



"Scalia Discloses 24 Expense-Paid Trips": The Associated Press provides this report.

And The Lawrence (Kan.) Journal-World reported on Wednesday that "Scalia’s Turkey trip paid by KU; Supreme Court justice helped teach study abroad course."
Posted at 08:10 AM by Howard Bashman



"Opponent of cross has terminal cancer; Plaintiff will be added so lawsuit can continue": Yesterday's issue of The San Diego Union-Tribune contained an article that begins, "Philip Paulson, who sued the city of San Diego 17 years ago to force the removal of the Mount Soledad cross from public property, has been diagnosed with terminal liver cancer."
Posted at 08:05 AM by Howard Bashman


"Legal landmines emerge in 'dirty bomber' case; The Jose Padilla trial is a test: Can US avoid legal tangles of its 'war on terror' tactics?" Warren Richey had this article Thursday in The Christian Science Monitor.
Posted at 08:04 AM by Howard Bashman


Available online from law.com: Tony Mauro has an article headlined "A Millionaire Club of High Court Justices."

And the brand-new installment of my "On Appeal" column is headlined "Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings." In that connection, The Houston Chronicle reported on Wednesday that "County attorney seeks rehearing of Bible case; A three-member 5th Circuit Court panel earlier ruled the display was unconstitutional."
Posted at 08:00 AM by Howard Bashman







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