How Appealing



Monday, November 10, 2008

“But the Supreme Court has not been ignoring the Caperton/Harman case, according to the SCOTUSblog, a Web site run by the Supreme Court itself.” Aha, the truth about “SCOTUSblog” is finally revealed, courtesy of this article published yesterday in The Sunday Gazette-Mail of Charleston, West Virginia.

Posted at 8:20 PM by Howard Bashman



“The law and Prop. 8: California’s Supreme Court will have to untangle two important legal questions.” Law Professor Goodwin Liu has this op-ed today in The Los Angeles Times.

Posted at 8:15 PM by Howard Bashman



“Drug safety revisited: A Supreme Court case challenges the FDA’s role in the process.” This editorial appears today in The Los Angeles Times.

Posted at 8:11 PM by Howard Bashman



“Head of U.S. bishops says no compromise on abortion”: Reuters provides a report that begins, “The head of the U.S. Catholic bishops’ group said on Monday that Barack Obama’s election as president should be celebrated but he made it clear the church would not compromise its strict stand against abortion.”

Posted at 7:58 PM by Howard Bashman



“Supreme Court upholds ‘victim impact evidence’ rule; The high court denies appeals of two L.A. murderers on death row who maintain that videos of their victims’ lives viewed by jurors unfairly play on emotions; Three justices dissent”: David G. Savage of The Los Angeles Times has this news update.

And at her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg has a post titled “A Shortened Life, on Tape.”

Posted at 7:23 PM by Howard Bashman



“Court weighs use of crime lab reports at trial”: Mark Sherman of The Associated Press has a report that begins, “The Supreme Court appeared inclined Monday to rule that crime lab reports used in drug and other cases may not be introduced at trial without allowing defendants to cross-examine the forensic analysts who prepare them.”

And at “SCOTUSblog,” Lyle Denniston has this report on the oral argument.

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Melendez-Diaz v. Massachusetts, No. 07-591.

Posted at 7:18 PM by Howard Bashman



“Election reshapes legal landscape; Obama could remake circuits”: In this week’s issue of The National Law Journal, Pamela A. MacLean has an article that begins, “As president, Barack Obama will have the opportunity to reshape the federal circuit courts of appeals through appointments to courts now dominated by conservative Republican appointees. By the end of a four-year term, the Obama administration could expect to turn as many as eight of the nation’s 13 federal circuits from either slightly to solidly Democrat-appointed majorities. Currently, only the 9th U.S. Circuit Court of Appeals, which will have 29 judgeships, has a majority of Democrat-appointed judges.”

Today in The Richmond Times-Dispatch, Frank Green reports that “4th Circuit Court could be reshaped; Obama’s picks could swing the court to one with a majority named by Democratic presidents.”

And The Maryland Daily Record contains an article headlined “What’s ahead for the 4th Circuit in an Obama presidency?

Posted at 2:24 PM by Howard Bashman



“Court Takes Up Whether Lab Technicians Are Required to Testify”: Today in The Daily Journal of California, Lawrence Hurley has a front page article that begins, “The U.S. Supreme Court will hear arguments today in a case that could dramatically affect the right of defendants to cross-examine laboratory technicians whose reports are introduced into evidence at trial.”

Posted at 11:47 AM by Howard Bashman



“Court turns aside test on ‘victim impact’ videos”: Lyle Denniston has this post at “SCOTUSblog.”

You can access today’s Order List, in which the U.S. Supreme Court did not grant review of any new cases, by clicking here.

The denial of review in the victim impact cases produced a statement respecting the denial of the petitions for writs of certiorari written by Justice John Paul Stevens and a dissent from the denial of the petitions for writs of certiorari written by Justice Stephen G. Breyer. Justice David H. Souter also noted that he would have granted certiorari in one of the two cases. Perhaps even more noteworthy, these opinions mark the second time in history that the Court has posted online related video (this time in both RealPlayer and Windows Media Player formats).

Update: In news coverage of today’s orders, The Associated Press reports that “Court denies appeal over victim impact evidence” and “Court turns down appeal in sealed case.”

Posted at 10:20 AM by Howard Bashman



“Obama planning US trials for Guantanamo detainees”: The Associated Press provides a report that begins, “President-elect Obama’s advisers are quietly crafting a proposal to ship dozens, if not hundreds, of imprisoned terrorism suspects to the United States to face criminal trials, a plan that would make good on his promise to close the Guantanamo Bay prison but could require creation of a controversial new system of justice.”

Posted at 8:25 AM by Howard Bashman



“AG to argue before Supreme Court; Case revolves around state’s use of crime lab data”: The Boston Globe today contains an article that begins, “In her first appearance before the United States Supreme Court, Massachusetts Attorney General Martha Coakley will argue today that prosecutors should not be required to bring forensic scientists to court to defend their work in drug cases.”

Yesterday, I had this post linking to two other previews of this oral argument.

Posted at 7:40 AM by Howard Bashman



“Philly lawyer’s mural of justice draws objection”: The Associated Press provides a report that begins, “In the city where a young nation held some of its earliest Supreme Court sessions, attorney Paul Rosen can’t imagine a better place for a mural about justice. But his opponents say Rosen – like justice – must be blind if he thinks the planned site near one of this city’s toniest neighborhoods is appropriate.”

Posted at 7:35 AM by Howard Bashman