How Appealing



Thursday, September 24, 2009

“When Sotomayor Got the White House Phone Call”: Tonight at “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “In what appears to be her first press interview since becoming a Supreme Court justice, Sonia Sotomayor said she waited for 12 hours to get the Memorial Day phone call from President Obama confirming his plan to appoint her to the Supreme Court.”

C-SPAN has posted online at this link a video segment titled “Justice Sotomayor On The Call From President Obama.”

Posted at 11:10 PM by Howard Bashman



“Other states watching Ark. lethal injection case”: The Associated Press has a report that begins, “An attorney for four Arkansas death row inmates who are challenging the state’s lethal injection procedure told a federal appeals court panel Thursday that even with new methods in place, the process can cause pain and suffering.”

You can access here (16.8MB mp3 audio file) and here (15.2MB mp3 audio file) the two oral arguments on this subject that the U.S. Court of Appeals for the Eighth Circuit heard today.

Posted at 10:45 PM by Howard Bashman



“Judicial Selection and Judicial Choice”: Kevin M. Scott and Wendy L. Martinek have posted online at SSRN this paper, in which they “empirically investigate whether [lower federal court] judges who were considered more controversial during their confirmation process are more ideologically-driven in their voting behavior than other (less controversial) judges.” (Via “Legal Theory Blog.”)

Posted at 10:38 PM by Howard Bashman



After hearing oral argument en banc today in Nordyke v. King, the Ninth Circuit has vacated its submission of that case pending whether the U.S. Supreme Court will grant review of one or more other cases raising the same Second Amendment issue: You can access today’s post-oral argument order of the U.S. Court of Appeals for the Ninth Circuit vacating the submission of the case at this link.

You can download the audio of today’s en banc oral argument via this link (9.00MB Windows Media audio file).

In coverage of today’s en banc oral argument, Bob Egelko of The San Francisco Chronicle has a news update headlined “Court considers county’s right to regulate guns.”

Josh Richman of The Oakland Tribune has a news update headlined “Appeals court grapples with gun rights in East Bay case.”

And at his “Taking Liberties” blog hosted by CBSNews.com, Declan McCullagh has a post titled “Appeals Court Weighs Gun Rights Lawsuit.”

Posted at 10:15 PM by Howard Bashman



“9/11 Wrongful-Accusation Suit Settled”: Friday’s edition of The New York Times will contain an article that begins, “The United States government has paid $250,000 to settle a lawsuit by an Egyptian man who had been wrongly suspected of assisting the 9/11 hijackers with a two-way aviation radio that a security guard claimed was found in the man’s hotel room overlooking the World Trade Center.”

And The Associated Press reports that “FBI pays wrongly detained Egyptian man $250,000.”

My earlier coverage of the Abdallah Higazy case can be accessed via this link. Coverage from others can be accessed via this link.

In addition, the November 5, 2007 installment of my “On Appeal” column for law.com was headlined “Court Learns Best Way to Keep a Secret Is Not by Posting It on the Internet.”

Posted at 8:54 PM by Howard Bashman



“Justice Ginsburg hospitalized after feeling faint”: The Associated Press has a report that begins, “Supreme Court Justice Ruth Bader Ginsburg was hospitalized Thursday after becoming ill in her office at the court.” The AP has also posted online the “Court statement about Justice Ruth Bader Ginsburg.”

Robert Barnes of The Washington Post has a blog post titled “Justice Ginsburg at Washington Hospital Center.”

At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Justice Ginsburg Hospitalized.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Justice Ginsburg in hospital.”

Posted at 8:28 PM by Howard Bashman



“Panel Previews Upcoming Supreme Court Term”: Daniel Newhauser has this post at “The BLT: The Blog of Legal Times.”

Posted at 6:11 PM by Howard Bashman



“Illinois Supreme Court: Provena Covenant Medical Center, Illinois Department of Revenue square off over tax-exempt status; Urbana hospital says legislature should decide standard for charity care.” This article appears today in The Chicago Tribune.

Posted at 4:53 PM by Howard Bashman



“Decatur man charged for trying to blow up Springfield federal building”: The State Journal-Register of Springfield, Illinois has a news update that begins, “A 29-year-old Decatur man arrested on charges of attempted murder of federal employees and attempting to use explosives to detonate a vehicle bomb at the federal building downtown Springfield had his first court appearance this afternoon at that very building.”

And The Associated Press reports that “Man charged with plot to bomb Ill. courthouse.”

Posted at 3:24 PM by Howard Bashman



“Panel: Blogs, help, don’t hinder First Amendment.” This article, in which I am both mentioned and photographically depicted, appears online today at The West Virginia Record.

Posted at 3:15 PM by Howard Bashman



“Ill. high court OKs ‘Jews only’ inheritance”: The Associated Press has a report that begins, “Proud of his religion and worried about its future, Chicago dentist Max Feinberg wrote a will with an unusual catch: His grandchildren wouldn’t inherit a penny if they married someone who wasn’t Jewish. His decision led to family feuds, lawsuits, countersuits and, on Thursday, an unanimous ruling by the Illinois Supreme Court that Feinberg and his wife were within their rights to disinherit any grandchildren who married outside the faith.”

You can access today’s ruling of the Illinois Supreme Court at this link.

Posted at 3:14 PM by Howard Bashman



BREAKING NEWS — “Court overturns WBC judgment” in military funeral protest case: The Topeka Capital-Journal has a news update that begins, “A civil lawsuit won by the father of a fallen Marine against members of the Westboro Baptist Church was overturned by an appeals court in Virginia on Thursday. With that, the $5 million judgement and lien on the church’s building and law firm has been dismissed.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit, overturning the judgment on First Amendment grounds by a 2-1 vote, at this link. The third judge on the panel would have overturned the judgment on non-constitutional grounds.

Posted at 3:02 PM by Howard Bashman



“One of four justices honored with stamp is a local Story”: The Salem News of Beverly, Massachusetts contains this article today.

Posted at 7:45 AM by Howard Bashman



“Court to hear challenge to gun show ban”: Bay City News has a report that begins, “A long-running challenge to Alameda County’s ban on gun shows at the annual county fair in Pleasanton will go before a federal appeals court in San Francisco on Thursday.”

And at the “Taking Liberties” blog of CBS News, Declan McCullagh has a post titled “Appeals Court To Consider Key Gun Rights Question.”

On page two of this PDF document, you will find the names of the eleven judges who will participate in today’s rehearing en banc of this case in the U.S. Court of Appeals for the Ninth Circuit.

When that court posts online the audio of today’s oral argument, I’ll publish a new post linking to it.

Posted at 7:40 AM by Howard Bashman