How Appealing



Thursday, October 27, 2011

“Forsyth files petition to take prayer case to the U.S. Supreme Court”: The Winston-Salem Journal has a news update that begins, “Forsyth County filed a petition with the U.S. Supreme Court today to overturn a lower court’s ruling that banned prayers mentioning Jesus from the start of meetings of the Forsyth County Board of Commissioners.”

The newspaper has posted the petition for writ of certiorari at this link.

Posted at 10:44 PM by Howard Bashman



“Ninth Circuit Grants Rehearing En Banc in United States v. Nosal“: Orin Kerr has this post at “The Volokh Conspiracy.”

And at his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Is checking sports scores or personal e-mail at work a crime?

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My earlier coverage of the divided three-judge panel’s ruling in the case can be accessed here.

Posted at 10:00 PM by Howard Bashman



“UT’s Missing Brief and Justice Kagan’s Recusal”: Hans A. von Spakovsky has this post at National Review Online’s “Bench Memos” blog.

Posted at 6:12 PM by Howard Bashman



“This is a strange case.” So begins the opinion that Chief Judge Alex Kozinski issued today on behalf of the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Here is the entire first paragraph of the majority opinion:

This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legal matter. There are unlikely to be many more like it, so this opinion’s precedential value is probably limited. We nevertheless publish pursuant to General Order 4.3. While we’re at it, we offer some advice to lawyers: Don’t apologize unless you’re sure you did something wrong. And there’s also a lesson for district judges: Don’t accept too readily lawyers’ confessions of error or rely on your own memory of what happened. Trials are complicated and we sometimes misremember details. That’s why we have transcripts.

Circuit Judge Sandra S. Ikuta, who earlier in her career worked as a law clerk for Judge Kozinski, issued a dissenting opinion.

Posted at 1:50 PM by Howard Bashman



“My View of the Second Question Presented in United States v. Jones, the Fourth Amendment GPS Case”: Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 1:45 PM by Howard Bashman



“UK supreme court judges air concerns over having to follow Europe’s lead; Rulings from Strasbourg human rights court ‘sometimes too narrow’ and interpretations are disputed”: This article appears today in The Guardian (UK), along with a news analysis headlined “The UK supreme court is changing the way we think about law; The separation of judiciary and legislature will bring about a more confrontational relationship between judges and ministers.”

Posted at 8:17 AM by Howard Bashman



“Reduced sentence for Miami-Dade rapist under Supreme Court ruling; Jacamo Ardon, 17 when he kidnapped and raped a woman in 1991, will soon leave prison, under a new ruling, but he will be deported to his native Nicaragua”: Today’s edition of The Miami Herald contains an article that begins, “A Miami man convicted in the brutal 1991 gang rape of a college student will soon leave prison, thanks to a controversial U.S. Supreme Court ruling.”

Posted at 8:13 AM by Howard Bashman



“Supreme Court to hear ‘downer cattle’ meat processing case which originated in Chino”: The Contra Costa Times contained this article yesterday.

Posted at 8:11 AM by Howard Bashman



“Judge nixes Christie request to have N.J. judges contribute more toward pensions and benefits”: The Newark Star-Ledger today contains an article that begins, “Despite a tongue-lashing last week from the governor, a Superior Court judge ruled today that state judges do not have to pay more for pensions and health plans while the state is appealing a ruling that declared the increases unconstitutional.”

Posted at 8:10 AM by Howard Bashman



“Sandra Day O’Connor talks of life as a cowgirl and on the court”: This article appears today in The Fort Worth Star-Telegram.

Posted at 8:00 AM by Howard Bashman



“Lawyer Opposing Health Law Is Familiar Face to the Justices”: In today’s edition of The New York Times, Kevin Sack has a front page article that begins, “It would be hard for any lawyer to fathom a more riveting caseload than the one Paul D. Clement carried during his seven years in President George W. Bush’s Justice Department.”

Posted at 7:56 AM by Howard Bashman



“Interest Groups Dominate Spending in Judicial Elections, New Report Shows; Nearly 40 Percent of All Campaign Cash in 2009-10 Came From 10 Organizations”: The Justice at Stake Campaign, the Brennan Center for Justice at NYU School of Law, and the National Institute on Money in State Politics have issued this news release today.

You can access the report, titled “The New Politics of Judicial Elections: 2009-10; How Special Interest ‘Super Spenders’ Threatened Impartial Justice and Emboldened Unprecedented Legislative Attacks on America’s Courts,” by clicking here.

Posted at 7:50 AM by Howard Bashman