How Appealing

Wednesday, November 8, 2006

"Lawyers face right to blog; Online journals that contain legal discussions and background information are challenging traditional practices on attorney advertising": This article appeared yesterday in The Chicago Tribune (via "Legal Blog Watch").

In somewhat related news, next Thursday and Friday (November 16th and 17th) I'll be in New York City where I'll be one of the speakers at a Law Seminars International continuing legal education seminar entitled "Blog Law: Legal issues, liabilities, and new opportunities." You can learn more about the seminar and register to attend via this link.
Posted at 10:20 PM by Howard Bashman

"Justices Hear Arguments on Late-Term Abortion": Linda Greenhouse will have this article Thursday in The New York Times.

Thursday in The Washington Post, Charles Lane will have an article headlined "No Pointers to Ruling in Abortion Case; Likely Swing Vote Kennedy Asks Questions Without Disclosing His Position."

Stephen Henderson of McClatchy Newspapers reports that "Justices hear arguments on late-term abortion procedure."

And online at Newsweek, Debra Rosenberg has an article headlined "Drama in the Court: As the pro-choice movement celebrated victories at the ballot, Supreme Court justices heard 'partial birth' arguments that could reveal where they really stand on abortion."
Posted at 10:05 PM by Howard Bashman

"Chief weighs fate of citizen in Iraq": At "SCOTUSblog," Lyle Denniston has a post that begins, "Chief Justice John G. Roberts, Jr., is considering a request to keep a U.S. citizen now in a military prison in Iraq from being turned over to Iraqi officials, to face execution after being convicted in an alleged plot to kidnap three Romanian journalists."
Posted at 07:44 PM by Howard Bashman

"Doctor, There's a Lawyer in My Womb: The Supreme Court attempts to understand partial-birth abortion." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 07:34 PM by Howard Bashman

"U.S. High Court Hears Partial-Birth Abortion Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:32 PM by Howard Bashman

"Virginia Update: It Appears Over." Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 07:24 PM by Howard Bashman

"U-M president says she'll go to court over affirmative action ban": The Detroit Free Press provides a news update that begins, "University of Michigan President Mary Sue Coleman says the school will explore its legal options after the state’s voters approved a ban on affirmative action programs that offer preferences to women and minorities."

The Detroit News provides an update headlined "U-M to ask courts to hold off enforcing Proposal 2; Foes of the measure call it unconstitutional."

And The Ann Arbor News reports today that "U-M may try to delay Proposal 2; Passage of affirmative action ban expected to affect admissions methods."

You can access online at this link the text of today's statement by University of Michigan President Mary Sue Coleman.
Posted at 05:30 PM by Howard Bashman

"Democrats to Usher in Change in Judicial Nominations, Investigations":'s T.R. Goldman provides this news update.
Posted at 05:04 PM by Howard Bashman

"High Court Focuses on Medical Alternatives in Partial-Birth Abortion Cases":'s Tony Mauro provides this news update.

And Bloomberg News reports that "Abortion Clash Engages U.S. Supreme Court Justices."
Posted at 04:48 PM by Howard Bashman

Fanfan fans can fan the Sentencing Guidelines flames with a First Circuit ruling issued today: Ducan Fanfan may have been initially pleased to be half of the winning pair in the U.S. Supreme Court's Booker/Fanfan ruling.

Unfortunately, he eventually learned a lesson that many similarly-situated convicted federal criminal defendants have learned -- that resentencing under the post-Booker regime does not always benefit the defendant. Today, in a ruling you can access here, the U.S. Court of Appeals for the First Circuit affirms the 210-month sentence that Fanfan received after prevailing in the U.S. Supreme Court. At his original, pre-Booker sentencing, Fanfan received a sentence of just 78 months of imprisonment. Of course, it almost goes without saying that eleven extra years of imprisonment are a small price to pay for a U.S. Supreme Court victory.
Posted at 04:40 PM by Howard Bashman

Of Beethoven, of vodka, or of the Bill of Rights containing the first ten amendments to the U.S. Constitution? The U.S. Supreme Court has ruled that if a criminal suspect indicates in any manner during custodial questioning that he wishes to remain silent, interrogation must cease. Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit resolves whether a criminal defendant's statement, during an interrogation, that "I plead the fifth" is sufficient to invoke the right to remain silent. Complicating this question, the appeal arises in the habeas context challenging a state court conviction and is governed by the federal law whose acronym is AEDPA. The majority, in a decision that you can access here, affirms the federal district court's denial of habeas relief.

The dissenting opinion of Circuit Judge M. Margaret McKeown begins, "It is likely that few Americans can profess fluency in the Bill of Rights, but the Fifth Amendment is surely an exception. From television shows like 'Law & Order' to movies such as 'Guys and Dolls,' we are steeped in the culture that knows a person in custody has 'the right to remain silent.' Miranda is practically a household word. And surely, when a criminal defendant says, 'I plead the Fifth,' it doesn't take a trained linguist, a Ph.D, or a lawyer to know what he meant."
Posted at 04:23 PM by Howard Bashman

"High Court Hears Abortion Ban Arguments": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:07 PM by Howard Bashman

"Supreme Court Oral Arguments: Gonzalez v. Planned Parenthood." C-SPAN is also now providing on-demand access to the audio from the second of the two partial-birth abortion cases argued today before the U.S. Supreme Court. To access the audio, click here (RealPlayer required).
Posted at 04:05 PM by Howard Bashman

"Supreme Court Oral Arguments: Gonzalez v. Carhart." C-SPAN is now providing on-demand access to the audio from the first of the two partial-birth abortion cases argued today before the U.S. Supreme Court. To access the audio, click here (RealPlayer required).

As The Associated Press notes here, "Authorities on Wednesday arrested an anti-abortion protester who disrupted Supreme Court arguments on the subject." The disruption can be heard during the audio recording of the Carhart oral argument shortly after the 37 minute mark. The same-day transcript at page 34 does not directly note the disruption, although it does note the Court's reaction to it.
Posted at 03:50 PM by Howard Bashman

The transcripts of today's U.S. Supreme Court oral arguments in the partial-birth abortion cases are now available online: You can access the transcript in Gonzales v. Carhart by clicking here, while you can access the transcript in Gonzales v. Planned Parenthood Federation of America, Inc. by clicking here.

At "SCOTUSblog," Lyle Denniston has a post titled "Kennedy vote in play on abortion."

The Associated Press provides reports headlined "Justices Have Pointed Abortion Discourse" and "Man Arrested After Supreme Court Protest."

And James Vicini of Reuters reports that "Top court considers major abortion test cases."
Posted at 03:40 PM by Howard Bashman

"Gay Marriage Ban Rejected in Arizona": The Associated Press provides a report that begins, "In a triple setback for conservatives, South Dakotans rejected a law that would have banned virtually all abortions, Arizona became the first state to defeat an amendment to ban gay marriage and Missouri approved a measure backing stem cell research."
Posted at 10:35 AM by Howard Bashman

"C-SPAN has announced on their website that C-SPAN Radio will be broadcasting the audio of oral argument in today's partial-birth abortion cases back-to-back beginning at 12:30 PM eastern." So begins this post at "SCOTUSblog." You can access today's C-SPAN Radio schedule and links to listen live by clicking here.

Once this morning's oral arguments conclude, you'll be able to access Lyle Denniston's report on the arguments here at "SCOTUSblog."
Posted at 10:30 AM by Howard Bashman

On today's broadcast of NPR's "Morning Edition": Nina Totenberg had an audio segment entitled "Supreme Court Considers Abortion-Ban Arguments."

And the broadcast also contained an audio segment entitled "S.D. Rejects Abortion Ban, Missouri Backs Stem Cells."

RealPlayer is required to launch these audio segments.
Posted at 10:11 AM by Howard Bashman

"Supreme Court to Consider Abortion Issue": The Associated Press provides this report.
Posted at 08:33 AM by Howard Bashman

Ballot measures seen as threats to judicial independence are defeated in South Dakota and Colorado: The Argus Leader of Sioux Falls, South Dakota reports today that "S. Dakota voters soundly reject J.A.I.L. measure; Grand jury could have second-guessed judges."

And The Rapid City Journal reports today that "Judicial accountability amendment crushed."

Meanwhile, from Colorado, The Rocky Mountain News reports that "Term-limits for judges a no-go; Measure would have restricted them to 10 years of service."

And The Denver Post reports that "Capping judges' tenure is rejected."
Posted at 08:30 AM by Howard Bashman

"4-foot rule's defeat means Seattle reverts to old law": The Seattle Times today contains an article that begins, "It looks like lap dances will remain legal in Seattle. With a no vote on Seattle Referendum 1, voters were firmly rejecting the city's 'four-foot rule,' which would have banned lap dances by requiring exotic dancers and customers to keep their distance."

And The Seattle Post-Intelligencer reports today that "Attempt to restrict strip clubs failing."
Posted at 08:20 AM by Howard Bashman

"4 states OK bans on gay 'marriage'; four others likely": This article appears today in The Washington Times.

One of the States described in The Washington Times article as "likely" to pass such a ban is Arizona. Yet a report in today's edition of The Arizona Republic headlined "Voters reshape legal landscape in Arizona" states that "in one of the tightest contests of the election, it appeared as of late last night that Arizona voters could be the first in the nation to reject a constitutional amendment banning gay marriage."

The latest results from the Arizona Secretary of State's Office show that the "Protect Marriage Arizona" proposition was defeated by a margin of 51.4 percent against, 48.6 percent in favor.
Posted at 08:12 AM by Howard Bashman

"Democratic Hopes Rest on 2 Tight Races": The Washington Post today contains an article that begins, "Democrats claimed victory in four crucial Senate races early today and held small leads in two others that would give their party the majority -- and control of both congressional chambers. The Senate majority will turn on razor-thin races in Virginia and Montana, where recounts or legal challenges could delay the final outcome for days. Democrats moved within striking distance by ousting Republicans in Ohio, Pennsylvania, Rhode Island and Missouri."

The New York Times reports today that "Democrats Take Control of House; Senate Hangs on Virginia and Montana."

The Boston Globe reports that "Democrats make gains, but Senate control hinges on 2 states."

And The Washington Times reports that "Democrats take control of House; Senate hinges on race in Virginia."
Posted at 07:55 AM by Howard Bashman

"Texas Inmates Protest Conditions With Hunger Strikes": The New York Times today contains an article that begins, "Likening themselves to prisoners at Abu Ghraib and Guantanamo Bay, a dozen inmates on death row in Texas have staged hunger strikes over the last month to protest what they call abusive conditions, including 23 hours a day of isolation in their cells."
Posted at 07:44 AM by Howard Bashman

"Court asked to apply sentencing rule retroactively": Joan Biskupic has this article today in USA Today.
Posted at 07:35 AM by Howard Bashman

"Michigan voters outlaw race, gender preferences": This article appears today in The Detroit News.

And The Detroit Free Press reports today that "Affirmative action ban OK'd; Michigan 3rd state to nix preferential treatment."
Posted at 07:33 AM by Howard Bashman

"S.D. rejects abortion ban; Opponents say 'strong message sent'": The Argus Leader of Sioux Falls, South Dakota contains this article today.

The Rapid City Journal reports today that "Abortion-ban opponents say facts key to win."

The New York Times reports that "South Dakotans Reject Sweeping Abortion Ban."

The Los Angeles Times reports that "South Dakota scraps abortion ban; Voters reject the law built with little leeway; A prohibition of gay marriage passes."

And USA Today reports that "South Dakota voters axe restrictive abortion law; 5 states pass same-sex marriage bans as culture-war issues inundate ballots."

The latest vote tally from South Dakota shows that the matter, known as "Referred Law 6," was defeated by a margin of 56 percent against to 44 percent in favor.
Posted at 06:45 AM by Howard Bashman

"Supreme Court Will Hear Arguments On 'Partial-Birth' Abortion Ban": This article appears today in The New York Sun.

The Virginian-Pilot reports today that "Christian-based group in Beach files briefs in 2 abortion cases."

The Roanoke Times contains an editorial entitled "Chief Justice Roberts' delayed litmus test; During his Senate confirmation hearing, John Roberts sidestepped the abortion litmus test; The chief justice begins that exam today."

USA Today contains an editorial entitled "Congress claims an M.D.: Justices will decide whether politics can set medical facts." In response, Jay Sekulow has an op-ed entitled "Keep 'partial-birth' ban: Congress already found proof this procedure isn't necessary."

I previewed the cases being argued today before the U.S. Supreme Court in an installment of my "On Appeal" column for headlined "Congress Puts 'Partial-Birth' Abortion Back on the Supreme Court's Agenda."
Posted at 06:40 AM by Howard Bashman

"Will Control of the Senate Be Within the Margin of Litigation?" Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 06:33 AM by Howard Bashman

"The CIA, the MCA, and Detainee Abuse": Joanne Mariner has this essay online today at FindLaw.
Posted at 06:30 AM by Howard Bashman

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