How Appealing



Tuesday, December 8, 2009

“White House wants suit against Yoo dismissed”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues.”

This blog previously mentioned the federal government’s amicus brief in this earlier post.

Posted at 9:12 PM by Howard Bashman



“Supreme Court critical of ‘honest services fraud’ law; The justices seem poised to strike down or scale back the measure that has been used in corruption cases involving politicians, lobbyists and executives”: David G. Savage will have this article Wednesday in The Los Angeles Times.

The Anchorage Daily News has an update headlined “Supreme Court hears Weyhrauch arguments.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “High Court Skeptical Of Anti-Fraud Law.”

Posted at 8:54 PM by Howard Bashman



“Government Announces $1.4 Billion Settlement in Indian Trust Case”: Jordan Weissmann has this post at “The BLT: The Blog of Legal Times.”

Posted at 2:07 PM by Howard Bashman



And the U.S. Supreme Court‘s first opinion of October Term 2009 is? The Court today issued four opinions in argued cases.

First up, Justice Sonia Sotomayor delivered the opinion of the Court in Mohawk Industries, Inc. v. Carpenter, No. 08-678. You can access the oral argument transcript at this link.

In second place, Justice Stephen G. Breyer delivered the opinion of the Court in Alvarez v. Smith, No. 08-351. You can access the oral argument transcript at this link.

In third place, Justice Ruth Bader Ginsburg delivered the opinion of the Court in Union Pacific R. Co. v. Locomotive Engineers and Trainmen Gen. Comm. of Adjustment, Central Region, No. 08-604. You can access the oral argument transcript at this link.

And last but not least, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Beard v. Kindler, No. 08-992. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that “Sotomayor delivers first court opinion of new term.” Of course, this is merely a result of the Court’s practice of issuing opinions in argued cases in reverse order of seniority based on which Justice wrote the majority or lead opinion.

Posted at 10:07 AM by Howard Bashman



“Inmates’ lawyers back plan to cut California prison crowding”: Today in The Sacramento Bee, Denny Walsh has an article that begins, “Lawyers for California’s sick inmates said Monday they like the Schwarzenegger administration’s plan for reducing the prison population and urged a three-judge federal panel to let state officials decide what methods to use.”

Posted at 8:17 AM by Howard Bashman



“Court takes on federal anti-fraud law”: Mark Sherman of The Associated Press has this report.

The Independent (UK) reports today that “Black fights for his freedom in appeal against fraud conviction.”

Today’s edition of The Toronto Globe and Mail contains an article headlined “Black likely staying in jail: Prosecutor; Convicted of fraud and obstruction of justice in 2007, former giant of Canadian media to take his case to the U.S. Supreme Court.”

The Newark (N.J.) Star-Ledger reports that “Law used to convict former Newark Mayor Sharpe James goes to U.S. Suprme Court.”

The Naples (Fla.) Daily News reports that “Supreme Court to hear appeals that could impact Cabrera fraud convictions.”

And The Chicago Sun-Times reports that “Feds may re-charge Blagojevich to avoid disputed law.”

Posted at 8:12 AM by Howard Bashman



“Black firefighters try to halt promotions”: Today’s edition of The New Haven Register contains an article that begins, “Attorneys for a group of black city firefighters Monday filed a motion asking a federal court to halt the promotion of 10 other firefighters (including four minorities) who scored well enough on 2003 exams to be promoted.”

Posted at 8:05 AM by Howard Bashman



“U.S. Court debates Miranda rights in Tampa case; The ruling could affect a number of major cases nationwide, including a death penalty case in Florida”: This article appears today in The Miami Herald.

Posted at 7:58 AM by Howard Bashman



“Killer to be put to death today; 1st use of one-drug injection mixture will draw attention across the country”: Today’s edition of The Columbus Dispatch contains an article that begins, “Ohio will be squarely in the national spotlight today as it uses an untested, one-drug protocol to execute convicted Trumbull County killer Kenneth Biros.”

Posted at 7:54 AM by Howard Bashman



“House urged to end election of Pa. judges; Supporters of appointing appellate court judges say that a constitutional change is needed”: This article appears today in The Philadelphia Inquirer.

Posted at 7:48 AM by Howard Bashman



“Rights and Religion Clash in Court”: Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that “Court to rule on Christian group’s policy.”

David G. Savage of The Los Angeles Times reports that “Supreme Court will decide appeal of Christian student group; UC Hastings College of Law refused to officially recognize the Christian Legal Society because it refused to admit gays and lesbians.”

The San Francisco Chronicle has an article headlined “Christian group vs. Hastings – court to decide.”

And at “The School Law Blog” of Education Week, Mark Walsh has a post titled “Supreme Court to Review Rights of Student Religious Groups.”

Posted at 7:44 AM by Howard Bashman