How Appealing

Tuesday, December 5, 2006

"Court Rejects Interpretation of Immigration Drug Law": Linda Greenhouse will have this article Wednesday in The New York Times.

And The Washington Post on Wednesday will report that "Supreme Court Allows Discretion In Deportation For State Felonies."
Posted at 11:18 PM by Howard Bashman

Available online from An article reports that "Smokers Await Calif. High Court Ruling With Bated Breath."

And an article is headlined "The President's 'Lost Opportunity' for the 4th Circuit."
Posted at 11:15 PM by Howard Bashman

"US Supreme Court justices debate their views of Constitution": The Associated Press provides a report that begins, "A day after voicing starkly opposing views on voluntary public school integration, U.S. Supreme Court justices Stephen G. Breyer and Antonin Scalia shed their robes and kept up their debate about their differences in interpreting the Constitution. The justices' traveling Supreme Court road show Tuesday did not venture very far, just to a Washington hotel ballroom. But the liberal Breyer and the conservative Scalia took part in a rare public discussion touching on some of the most contentious issues that have come before the court, including abortion, religion and the death penalty."
Posted at 11:12 PM by Howard Bashman

"Hawaii Schools' Racial Enrollment Upheld": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 11:10 PM by Howard Bashman

"Huge IPO Case Hits Big Snag at 2nd Circuit; Decision comes amid developing rifts among plaintiffs committee members over Milberg Weiss' status as lead counsel": provides a report that begins, "A federal appeals court Tuesday vacated class certification in six key cases in the massive litigation over dot-com era initial public offerings -- a potentially devastating setback for plaintiffs in the biggest consolidated securities class action in U.S. history."

And Bloomberg News reports that "Morgan Stanley, 11 Securities Firms Win IPO Appeal."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:35 PM by Howard Bashman

Tonight's Federalist Society Event at Yale Law School: It was a pleasure to finally meet in person my co-panelists, Law Professor Jack M. Balkin, of "Balkinization," and Law Professor Glenn Harlan Reynolds, of "Instapundit." Moreover, the event itself was quite interesting.

Before the event, I enjoyed visiting with Will Baude of "Crescat Sententia." And earlier this afternoon, it was great to visit with a friend whose office is located in the U.S. Courthouse here in New Haven.
Posted at 10:20 PM by Howard Bashman

"National dollars find, defeat circuit judge; What happened in Cole County to Tom Brown represents a growing trend across the U.S." The Kansas City Star yesterday published an article that begins, "If you’re irritated by a local judge's decision on an issue dear to your heart, a national group opposed to 'judicial activism' has a blueprint to ease your angst."
Posted at 04:23 PM by Howard Bashman

"'For sale' sign tests speech; Full appeals court to hear Glendale car seller's suit": The Cincinnati Enquirer today contains this article reporting on a case to be reargued tomorrow before the en banc U.S. Court of Appeals for the Sixth Circuit.

Back on May 19, 2006, I covered the original three-judge panel's ruling in this case in a post titled "Divided three-judge Sixth Circuit panel rejects attorney's commercial speech challenge to Village of Glendale, Ohio's ordinance prohibiting the display of 'for-sale' signs on a vehicle parked on a public street."
Posted at 04:20 PM by Howard Bashman

"Eighth Circuit follows the herd on crack sentencing": Law Professor Doug Berman, at his "Sentencing Law and Policy" blog, has this post about an en banc ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 04:05 PM by Howard Bashman

"Court Decision Favors Native Hawaiians": David Kravets of The Associated Press provides a report that begins, "A private school in Hawaii can favor Hawaiian natives for admission as a means of giving a helping hand to a downtrodden indigenous population, a divided federal appeals court ruled Tuesday."

The Honolulu Advertiser provides a news update headlined "Attorneys want to take case to high court."

The Honolulu Star-Bulletin provides a news update headlined "Kamehameha Schools admission policy upheld."

And Reuters reports that "Court backs Native Hawaiian school."
Posted at 03:44 PM by Howard Bashman

En banc Ninth Circuit issues its ruling in Doe v. Kamehameha Schools: The 110-page en banc ruling consists of an "Opinion by Judge Graber; Concurrence by Judge W. Fletcher; Dissent by Judge Bybee; Dissent by Judge Rymer; Dissent by Judge Kleinfeld; Dissent by Judge Kozinski."

According to a summary of today's ruling from the majority opinion, "We took this case en banc to reconsider whether a Hawaiian private, non-profit K-12 school that receives no federal funds violates § 1981 by preferring Native Hawaiians in its admissions policy. We now answer 'no' to that question and, accordingly, affirm the district court." The 15-judge en banc court appears to have divided 8-7 over the outcome of the case. I will surely be providing additional coverage of this ruling later today and in the days to come.

Update: Before going en banc, a divided three-judge Ninth Circuit panel ruled 2-1 in favor of Doe that "the Schools' admissions policy, which operates in practice as an absolute bar to admission for those of the non-preferred race, constitutes unlawful race discrimination in violation of § 1981." My earlier coverage of that ruling can be accessed here.

Both the judge who wrote the three-judge panel's opinion and the dissenting judge on the three-judge panel (who today emerges as the author of the en banc majority's opinion) were selected to serve on the 15-judge en banc panel. But Senior Circuit Judge Robert R. Beezer, who joined in the three-judge panel's majority opinion holding the Kamehameha Schools' policy unlawful, was not selected to serve on the 15-judge en banc panel. Thus, of the 16 Ninth Circuit judges to vote on the lawfulness of the Hawaiian schools' policy, the court is evenly divided 8-8.
Posted at 02:10 PM by Howard Bashman

Today's U.S. Supreme Court opinion in an argued case: You can access today's 8-1 ruling in Lopez v. Gonzales, No. 05-547, at this link.

The Court today also dismissed as improvidently granted the writ of certiorari in Toledo-Flores v. United States, No. 05-7664.

At "SCOTUSblog," Lyle Denniston has a post titled "Court limits deportation for drug crimes."

And The Associated Press reports that "Immigrant Wins in Drug Deportation Case."
Posted at 02:05 PM by Howard Bashman

"UVa law school well represented at Supreme Court; University 3rd nationwide in placing alumni in prestigious clerk post": The Daily Progress of Charlottesville, Virginia today contains an article that begins, "The University of Virginia School of Law has more graduates clerking for the U.S. Supreme Court this term than any other school save Harvard and Yale."

And speaking of Yale, I have arrived safe and sound in New Haven, Connecticut.
Posted at 01:58 PM by Howard Bashman

Programming note: Early this evening, I'll be at Yale Law School in New Haven, Connecticut to speak at a Federalist Society-hosted panel on law blogging. Also scheduled to speak at the event are Law Professor Jack M. Balkin, of "Balkinization," and Law Professor Glenn Harlan Reynolds, of "Instapundit." The event is slated to begin at 6:10 p.m. and is open to the public.

Additional posts will appear online here this afternoon, after I arrive in New Haven.
Posted at 09:00 AM by Howard Bashman

"Md. Court Urged To Toss Out Ban On Gay Marriage": This article appears today in The Washington Post.

The Baltimore Sun reports today that "Gay marriage case in Md. court; Judges ask few questions as scene outside is quiet." In addition, columnist Jean Marbella has an op-ed entitled "Their best argument is the lives they lead."

And The Washington Times reports that "State, ACLU square off over same-sex 'marriage.'"
Posted at 07:55 AM by Howard Bashman

"Prosecutor's death remains a mystery": The Baltimore Examiner today contains an article that begins, "Three years ago, federal prosecutor Jonathan Luna left the courthouse in Baltimore, never to return. He was found dead hours later in a Pennsylvania creek with multiple stab wounds, and his case remains unsolved." My most recent earlier coverage appears at this link.
Posted at 06:47 AM by Howard Bashman

The Newark (N.J.) Star-Ledger is reporting: Today's newspaper contains articles headlined "Gay-marriage supporters set to press lawmakers; Campaign starting today will stress that legalizing civil unions won't be enough" and "LaVecchia tapped for court tenure."
Posted at 06:45 AM by Howard Bashman

"Drug deals costly: 55 years; U.S. top court refuses to hear Utahn's appeal." This article appears today in The Salt Lake Tribune.

And The Deseret Morning News reports today that "Top court won't hear Salt Lake man's drug case."
Posted at 06:42 AM by Howard Bashman

"Justices question school policies; The Supreme Court debate suggests most favor halting the use of race to assign students to public facilities": David G. Savage has this article today in The Los Angeles Times.

In USA Today, Joan Biskupic reports today that "Diversity programs may face ax; Justices cool to using race in school choice." In addition, the newspaper contains an editorial entitled "52 years later, integration faces new Supreme Court test; 'Brown v. Board of Education' set standard; new case draws questions." And Law Professor Douglas W. Kmiec has an op-ed entitled "Stop discriminating by race: Rigid ratios of white, non-white only indulge ugly stereotypes."

The Seattle Times contains an article headlined "Aggressive questions from court in Seattle race case."

The Seattle Post-Intelligencer reports that "Justices uneasy with Seattle schools 'Open Choice'; U.S. high court looks at schools' race policy."

The Louisville Courier-Journal contains articles headlined "Justices may favor color-blind schools; Experts: Questions suggest Jefferson policy in danger" and "Some fear case may rekindle segregation."

In Newsday, Tom Brune reports that "Question of using race as a factor in voluntary plans sees little support from Supreme Court bench."

And The Washington Times reports that "Justices reconsider race-based school admissions."
Posted at 06:40 AM by Howard Bashman

"Trial strategy change postpones Gates' visit; The plaintiffs' attorney will use a taped deposition of the Microsoft founder": The Des Moines Register contains this article today.
Posted at 06:30 AM by Howard Bashman

"Nevada high court to debate judicial ethics; Proposed rules include banning jurists from personally soliciting campaign funds; Free speech may be an issue": This article appears today in The Los Angeles Times.
Posted at 06:23 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog