How Appealing



Tuesday, November 28, 2006

“Man Mistakenly Abducted by C.I.A. Seeks Redress”: In Wednesday’s edition of The New York Times, Neil A. Lewis will have an article that begins, “A lawyer for a German man who was abducted while on vacation in Macedonia and said he was tortured while in C.I.A. custody in Afghanistan urged a federal appeals court on Tuesday to reinstate his lawsuit against the agency, which had been dismissed for national security reasons.”

Posted at 11:05 PM by Howard Bashman



“Supreme Court battle considers regulation of greenhouse gases”: Michael Doyle of McClatchy Newspapers provides this report.

Posted at 7:55 PM by Howard Bashman



“Virginia appeals court: Vt. has say in lesbian custody battle.” The Associated Press provides a report that begins, “A Virginia appeals court sidestepped the issue of civil unions Tuesday and ruled that Vermont courts have jurisdiction in a custody battle between two former lesbian partners.”

The “SW Virginia law blog” covers the ruling in a post titled “Virginia Court of Appeals tiptoes around DOMA in Miller-Jenkins case.”

You can access today’s ruling of the Court of Appeals of Virginia at this link.

Posted at 7:40 PM by Howard Bashman



“Key test of state power for Supreme Court: In a case of state vs. federal bank laws, to be argued Wednesday, the Roberts court may offer clues to its stance on federalism.” Warren Richey will have this article Wednesday in The Christian Science Monitor.

Posted at 6:00 PM by Howard Bashman



“Justice shares his change in thinking about flag desecration”: Online at the First Amendment Center, Tony Mauro has a report that begins, “Supreme Court Justice John Paul Stevens, who voted to uphold laws that banned flag-burning in rulings in 1989 and 1990, now opposes a constitutional amendment that would accomplish the same thing.”

C-SPAN aired Justice Stevens’ remarks this past Saturday night, and I linked to the video of the broadcast in this recent post.

Posted at 5:45 PM by Howard Bashman



“Judge: Make Bills Recognizable to Blind.” The Associated Press provides a report that begins, “The government discriminates against blind people by printing money that all looks and feels the same, a federal judge said Tuesday in a ruling that could change the face of American currency.”

My earlier coverage appears at this link.

Posted at 5:40 PM by Howard Bashman



“Justices Slam Nation’s Patent System; Federal Circuit Chief Defends Three-Part Test”: law.com’s Tony Mauro provides this report. The article includes statements from the Federal Circuit‘s Chief Judge, Paul R. Michel, whom Mauro interviewed after today’s oral argument.

Posted at 5:10 PM by Howard Bashman



A quote from the U.S. Supreme Court‘s oral argument transcript today in KSR International Co. v. Teleflex, Inc., 04-1350: At page 49 of the transcript, the following exchange appears:

CHIEF JUSTICE ROBERTS: Who do you get to be an expert to tell you something’s not obvious.

MR. GOLDSTEIN: You get —

CHIEF JUSTICE ROBERTS: I mean, the least insightful person you can find?

(Laughter.)

You can access the complete transcript at this link.

Posted at 3:32 PM by Howard Bashman



“Reading Twombly Tea Leaves on Boylston Street”: Randy Picker has this post today at “The Faculty Blog” of the University of Chicago Law School.

Posted at 2:40 PM by Howard Bashman



Show me the money! U.S. District Judge James Robertson of the U.S. District Court for the District of Columbia today issued a ruling in American Council of the Blind v. Paulson, Secretary of the Treasury holding that “the Treasury Department’s failure to design and issue paper currency that is readily distinguishable to blind and visually impaired individuals violates § 504 of the Rehabilitation Act.”

Earlier, the opinion observes that “Most people with low vision, and all blind people, are incapable of looking at American currency and distinguishing one denomination from another.”

Judge Robertson has certified his decision as one involving “a controlling question of law as to which there is substantial ground for difference of opinion, and an immediate appeal from this order may materially advance the ultimate termination of this litigation.” As a result, the U.S. Treasury Department can now pursue an interlocutory appeal by permission to the U.S. Court of Appeals for the D.C. Circuit.

Posted at 2:25 PM by Howard Bashman



Does the U.S. Navy discriminate against evangelical chaplains? Today the U.S. Court of Appeals for the D.C. Circuit issued an opinion addressing the claims of unlawful discharge asserted by Rev. D. Philip Veitch.

The D.C. Circuit’s opinion’s first paragraph concludes: “[Veitch’s] complaint alleged that he had been constructively discharged for unconstitutional reasons; that the Navy had forced him out of the service in violation of his First Amendment rights to free speech and free exercise of religion and in contravention of the Establishment Clause. The district court concluded that since Veitch had resigned voluntarily, he lacked standing to bring his constitutional claims. We affirm.”

Posted at 10:40 AM by Howard Bashman



“Philip Morris prevails in Illinois smokers’ suit”: The St. Louis Post-Dispatch contains this article today.

And in other cert. denied-related coverage, The Providence (R.I.) Journal reports today that “High court won’t hear smoke-shop raid case; The U.S. Supreme Court’s decision means a federal appeals court ruling that the state had the right to raid the Indian smoke shop in 2003 will stand.”

The Express-Times of Easton, Pennsylvania reports today that “Supreme Court rejects tribe’s claim to Forks Township land.”

And The Allentown Morning Call reports that “High court rejects Indian tribe’s case; Forks property owners are pleased that land dispute is over.”

Posted at 8:50 AM by Howard Bashman



“City in suit on climate change; High court to hear arguments on EPA’s authority to regulate greenhouse gases”: This article appears today in The Baltimore Sun.

Posted at 8:45 AM by Howard Bashman



“Dixie courthouse unveils the Ten Commandments”: The Gainesville Sun today contains an article that begins, “Dozens of county residents took a few extra minutes on the way home from church Sunday or on the way to work Monday morning to drive past the Dixie County courthouse to see for themselves if what they had heard was true. It was. A six-ton block of granite bearing the Ten Commandments had been installed atop the courthouse steps. Inscribed at the base was the admonition to ‘Love God and keep his commandments.'”

The newspaper also provides this photograph of the monument.

Posted at 8:40 AM by Howard Bashman



“Reduced payout in libel suit rejected; State’s top judge offered to lessen $7 million award”: The Chicago Tribune today contains an article that begins, “An attorney for Illinois Supreme Court Chief Justice Robert Thomas said Monday that his client offered to accept a reduced settlement after a $7 million victory in a defamation case against a Kane County newspaper, but opposing attorneys did not respond.”

Posted at 8:35 AM by Howard Bashman