How Appealing

Sunday, November 30, 2008

"Minority Contractors Lose Preference At Pentagon": This audio segment (RealPlayer required) appeared on last Friday's broadcast of NPR's "All Things Considered."

According to NPR's description of the segment, "A Pentagon affirmative action program that benefits contracting companies owned by racial minorities has been declared unconstitutional. The decision was issued Nov. 4 -- Election Day -- so it hasn't received much attention. But the decision could mean the end of similar programs at all levels of government."

I had this post about the decision on the date that the U.S. Court of Appeals for the Federal Circuit issued the ruling.
Posted at 10:52 PM by Howard Bashman



"Case debates if man's insurer should pay in wreck; Courts have upheld refusal of claim for family injured by driver fleeing police": Chuck Lindell had this article Friday in The Austin American-Statesman.

According to the article, "Now the Texas Supreme Court will decide who deserves the law's protection: a family whose car was in the wrong place at the wrong time or an insurance company with a reckless and irresponsible client."
Posted at 10:45 PM by Howard Bashman



"Vermont case before U.S. Supreme Court is drawing intense interest": Friday's edition of The Rutland Herald contained an article that begins, "Almost 40 states' attorneys general, more than 15 victims' rights groups, the National Governors' Association and the solicitor general of the United States have joined Vermont in its appeal of a Vermont Supreme Court decision from earlier this year that set a convicted felon free from prison because of speedy trial issues."
Posted at 10:42 PM by Howard Bashman


"Supreme Court to hear judge's ethics appeal": Yesterday's edition of The Pensacola News Journal contained a newsbrief that begins, "The Florida Supreme Court on Tuesday morning will hear oral arguments in 1st District Court of Appeal Judge Michael E. Allen's ethics case."

The May 14, 2007 installment of my "On Appeal" column for law.com was headlined "When Should a Judge Face Discipline for What an Opinion Says?"
Posted at 10:40 PM by Howard Bashman



"Retiring SJC judge Greaney no shrinking violet": The Associated Press provides a report that begins, "Justice John Greaney didn't write the Supreme Judicial Court's landmark ruling making Massachusetts the first state in the nation to legalize same-sex marriage, but five years later, a passage from his concurring opinion is sometimes used by gay couples in their wedding ceremonies."
Posted at 10:34 PM by Howard Bashman


"Will Frederick be the next solicitor general?" Lawyers USA provides this report.
Posted at 10:32 PM by Howard Bashman


"Obama's Judges and the Senate: Mitch McConnell lays down some markers." This editorial appeared yesterday in The Wall Street Journal.
Posted at 10:28 PM by Howard Bashman


"Justice Stevens on the Judiciary": C-SPAN describes this past Saturday's broadcast of "America & the Courts" as follows, "At the University of Florida Law School, U.S. Supreme Court Justice John Paul Stevens and U.S. District Court Judge Jose Gonzalez participated in a discussion on general legal issues, their own judicial philosophies and the importance of oral arguments."

You can access last Saturday's broadcast online, on-demand by clicking here (RealPlayer required). C-SPAN has also posted online the video of the entire event, and you can view it by clicking here (RealPlayer required).
Posted at 10:05 PM by Howard Bashman



"Obama pledge on treaties a complex undertaking": Bob Egelko of The San Francisco Chronicle has a news update that begins, "President-elect Barack Obama's pledge to restore the United States' international standing extends far beyond front-page topics such as closing Guantanamo and banning torture, into areas as diverse as nuclear testing, the rights of women and people with disabilities, and military and commercial activities in the world's oceans."
Posted at 08:57 PM by Howard Bashman


"Is gay the new black? Marriage ban spurs debate." The Associated Press provides this report.
Posted at 08:55 PM by Howard Bashman


"How to Close Guantanamo": Jack Cloonan and Sarah Mendelson have this op-ed today in The Washington Post.
Posted at 08:44 PM by Howard Bashman


"CNN analyst Toobin talks politics, Supreme Court at ISU": This article appeared last Tuesday in The Tribune-Star of Terre Haute, Indiana.
Posted at 08:30 PM by Howard Bashman


"Speculation Already Under Way On Possible Obama Supreme Court Nominations": Scott Shepard of Cox News Service has this article.
Posted at 08:20 PM by Howard Bashman


"O'Connor's talk offers judicial perspective; Boe Forum address sheds light on key court rulings": Last Tuesday's edition of The Argus Leader of Sioux Falls, South Dakota contained an article that begins, "The first woman appointed to the U.S. Supreme Court discussed her time as a justice and the court's key decisions Monday in Sioux Falls."
Posted at 08:15 PM by Howard Bashman


"Ahead for Obama: How to Define Terror." Today in the Week in Review section of The New York Times, Jonathan Mahler has an article that begins, "Early last Tuesday morning, a military charter plane left the airstrip at Guantanamo Bay for Sana, Yemen, carrying Osama bin Laden's former driver, Salim Hamdan."
Posted at 08:11 PM by Howard Bashman


Saturday, November 29, 2008

"Marriage spans a vast divide: A successful lawyer leads what seems a normal life; But long ago she forged a lasting emotional bond with a man from the Aryan Brotherhood." Joe Mozingo will have this lengthy article, the first in a three-part series, in Sunday's edition of The Los Angeles Times. More information on the series is available at this link.
Posted at 11:55 PM by Howard Bashman


"Historians say marriage traditions have been fluid": Today's edition of The Sacramento Bee contains a front page article that begins, "What is traditional marriage? That question lies beneath the surface of the Proposition 8 debate. The measure that bans same-sex marriage in California, which is now being challenged in court, defines the union as between a man and a woman. This, supporters argue, is as religious precepts and social customs demand. It is traditional."

And today in The New York Times, columnist Charles M. Blow has an op-ed entitled "Gay Marriage and a Moral Minority."
Posted at 07:55 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Justice Stevens shows no signs he is ready to quit" and "Pastor who helped get 'under God' in Pledge dies."
Posted at 03:54 PM by Howard Bashman


"Poignant Videos of Victims Valid in Court; Justices Decline to Weigh Use of Such Portrayals": Jerry Markon has this article today in The Washington Post.
Posted at 01:08 PM by Howard Bashman


Friday, November 28, 2008

"Another Shot Fired in Alex Kozinski Ethics Investigation": Nathan Koppel has this post today at WSJ.com's "Law Blog."

And today at "Patterico's Pontifications," Patterico has a post titled "Federal Judge Wrote That Software Disabled by Kozinski Was 'Integral Part' of Court's 'Security Apparatus.'"

In this post from Wednesday afternoon, I provided online access to the judicial misconduct complaint that L. Ralph Mecham, former head of the Administrative Office of the U.S. Courts, has recently filed against Ninth Circuit Chief Judge Alex Kozinski.
Posted at 05:14 PM by Howard Bashman



"Tax-exempt benefit disputed in Prop. 8 campaign": Today's edition of The San Francisco Chronicle contains an article that begins, "In the wake of Proposition 8's passage, opponents are railing that churches that supported the ballot measure violated their tax-exempt status."
Posted at 09:32 AM by Howard Bashman


"Guilty verdict in MySpace suicide case could chill Internet speech; The jury convicted a Missouri mother on three counts, but not conspiracy": The Christian Science Monitor contains this article today.
Posted at 09:28 AM by Howard Bashman


"Military Appeal Process Is Challenged": This article appears today in The New York Times. What's lacking, according to the article, is the ability to seek U.S. Supreme Court review.
Posted at 09:08 AM by Howard Bashman


"Ex-terrorism prosecutor flags flaws at tribunal": The Associated Press provides a report that begins, "Like many human rights observers, Anthony Barkow has harsh words about the government's treatment of detainees at Guantanamo Bay. But Barkow offers a unique perspective: He's the only observer who successfully prosecuted terrorist sympathizers in his former life as an assistant U.S. attorney in Manhattan."
Posted at 08:54 AM by Howard Bashman


Thursday, November 27, 2008

"Guilty Verdict in Cyberbullying Case Provokes Many Questions Over Online Identity": Friday's edition of The New York Times will contain an article that begins, "Is lying about one's identity on the Internet now a crime? The verdict Wednesday in the MySpace cyberbullying case raised a variety of questions about the terms that users agree to when they log on to Web sites."
Posted at 11:15 PM by Howard Bashman


"Judge says perfume lawsuit can proceed; A Detroit city planner says co-worker's scent interferes with job performance, breathing": This article appears today in The Detroit News.

I have posted online at this link Tuesday's ruling of the U.S. District Court for the Eastern District of Michigan.
Posted at 02:08 PM by Howard Bashman



"Jury delivers mixed verdict in MySpace bullying trial; Lori Drew of Missouri is convicted of misdemeanor charges, but the L.A. jury deadlocks on felony conspiracy count; Drew had a fake relationship online with Megan Meier, 13, who committed suicide": Scott Glover has this article today in The Los Angeles Times.

The St. Louis Post-Dispatch reports today that "Jury chooses lesser charges to convict Lori Drew of cyber-bullying Dardenne Prairie neighbor."

The New York Times contains an article headlined "Verdict in MySpace Suicide Case."

And The Washington Post reports that "Woman Guilty of Minor Charges for MySpace Hoax."
Posted at 01:47 PM by Howard Bashman



"Iowa's gay marriage ban goes before high court; The state Supreme Court will hear arguments next month about whether the Defense of Marriage Act - briefly struck down last year - is unconstitutional": The Los Angeles Times contains this article today.
Posted at 01:40 PM by Howard Bashman


"Guantanamo Justice: The Bush administration will finally release Salim Ahmed Hamdan; The Uighurs should be next." This editorial appears today in The Washington Post.
Posted at 01:37 PM by Howard Bashman


In commentary available online from FindLaw: Carl Tobias has an essay entitled "Why the Federal Courts Should Give Thanks This Thanksgiving: A Set of Positive Developments, with the Hope of More to Come."

And Sherry F. Colb has an essay entitled "A Judge Orders a Woman Not to Have Children While On Probation: Did He Violate Her Rights?"
Posted at 01:25 PM by Howard Bashman



Wednesday, November 26, 2008

law.com's Tony Mauro is reporting: He has articles headlined "Pressure Is on Obama to Name First Hispanic Supreme Court Justice" and "High Court Water Law Case Misses Its Master."
Posted at 11:35 PM by Howard Bashman


"Family of Slain Lawyer Sues Three Former Housemates; Complaint Alleges Men Conspired To Cover Up Crime": The Washington Post today contains an article that begins, "The widow and family of a prominent Washington lawyer who was stabbed to death in 2006 filed a $20 million lawsuit in D.C. Superior Court yesterday, alleging that three friends of his concealed evidence and lied to police in a cover-up."
Posted at 11:30 PM by Howard Bashman


"Justice admits to taunting Mukasey": This article appears today in The Olympian of Olympia, Washington. Earlier today, I rounded-up some additional related news coverage at this link.
Posted at 11:00 PM by Howard Bashman


Available online from Bloggingheads.tv: Law Professors Jack Balkin and Eric Posner have a diavlog titled "National Security, Post-Bush" in which they discuss various subjects including "Will Obama pick ideological liberals for the Supreme Court?" and "How Obama will handle domestic surveillance."

And a diavlog titled "Even Further Beyond the Hart-Dworkin Debate" features Law Professors Brian Leiter and Scott Shapiro.
Posted at 10:58 PM by Howard Bashman



"Truth or Consequences? Why can't we hold torturers accountable and still find out the truth?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:54 PM by Howard Bashman


"Seale arguments set for May; Panel says conviction fell under five-year statute of limitations for kidnapping": The Associated Press provides this report.

The article mentions Fifth Circuit Judge Jerry E. Smith's dissent from the order granting rehearing en banc, which I discussed last night in a post you can access here.
Posted at 08:07 PM by Howard Bashman



"Democratic Agenda vs. Conservative Courts": Harper Jean Tobin has this recent entry at "The Huffington Post."
Posted at 08:04 PM by Howard Bashman


"Clarity, simplicity, and brevity are underrated qualities in legal advocacy." Heading into the Thanksgiving holiday, Seventh Circuit Judge Richard A. Posner today issued an opinion containing some advice for lawyers, observing that "Although the dual federal-state regulatory scheme for the telecommunications industry is complex and even arcane, the parties did not have to assault us with 206 pages of briefs, brimming with jargon and technical detail, in order to be able to present the issues on appeal adequately."
Posted at 04:58 PM by Howard Bashman


"Jury delivers mixed verdict in MySpace bullying trial; Lori Drew of Missouri is convicted of misdemeanor charges, but the L.A. jury deadlocks on felony conspiracy count; Drew had a fake relationship online with Megan Meier, 13, who committed suicide": Scott Glover of The Los Angeles Times has this news update.
Posted at 04:50 PM by Howard Bashman


How has the Great Depression of 2008 affected the market for U.S. Supreme Court Justice bobblehead dolls from The Green Bag? Now up for auction at eBay are a Justice Anthony M. Kennedy bobblehead doll (net proceeds from the sale of the AMK bobblehead, I'm told, to be donated to the Combined Federal Campaign) and a Justice Louis D. Brandeis bobblehead doll (more Brandeis bobblehead auction details at this link). As of this moment, neither bobblehead has attracted any bids.
Posted at 04:33 PM by Howard Bashman


Access online the judicial misconduct complaint that L. Ralph Mecham, former head of the Administrative Office of the U.S. Courts, has filed against Ninth Circuit Chief Judge Alex Kozinski: As I first noted in this post last night, Cynthia Cotts of Bloomberg News yesterday had an article headlined "Retired U.S. Court Executive Files Kozinski Complaint."

The Bloomberg article reports that Mecham supplied a copy of his misconduct complaint to Bloomberg. Mecham filed his complaint with the U.S. Court of Appeals for the Third Circuit, which has been assigned to handle certain judicial misconduct complaints against Chief Judge Kozinski.

The cover page of Mecham's complaint identifies the judges against whom his Complaint of Judicial Misconduct applies as "Chief Judge Alex Kozinski principally but also Judge Mary M. Schroeder and Judge Sidney R. Thomas." Mecham has signed the misconduct complaint under a declaration stating, "I declare under penalty of perjury that the statements made in this complaint are true and correct to the best of my knowledge." The complaint is dated November 21, 2008.

I have posted online Mecham's judicial misconduct complaint, minus exhibits and cover pages, at this link. Rulings on judicial misconduct complaints must be made available to the public, but proceedings on judicial misconduct complaints are usually conducted in a private and confidential manner, although the subject of a judicial misconduct proceeding has the ability to waive confidentiality. And, as is now obvious, the person filing a judicial misconduct complaint has the ability to publicize the initiation of the proceeding and the allegations at issue. You can access the "Rules for Judicial-Conduct and Judicial-Disability Proceedings" at this link.
Posted at 03:40 PM by Howard Bashman



"Jury convicts mom of lesser charges in online hoax": The Associated Press provides a report that begins, "A jury on Wednesday was unable to reach a verdict on the main conspiracy charge and instead convicted a Missouri woman of three minor offenses for her role in an Internet hoax that apparently drove a 13-year-old girl to suicide."

At "The Volokh Conspiracy," Orin Kerr has posts titled "What Does the Lori Drew Verdict Mean?" and "Lori Drew Jury Reaches a Verdict."
Posted at 03:15 PM by Howard Bashman



"Searching Steven Hatfill": Michael Doyle of McClatchy's Washington Bureau has this post today at his new "Suits & Sentences" blog.

The U.S. District Court for the District of Columbia has made available via this link the unsealed search warrant-related documents.
Posted at 11:34 AM by Howard Bashman



On an interlocutory appeal by permission, the Sixth Circuit affirms a federal district court's refusal to dismiss claims alleging that Ohio's voting system violates voters' rights to equal protection of the law and substantive due process: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:02 AM by Howard Bashman


"Court says lukewarm food hot enough for prison": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "State prison rules say inmates are entitled to two hot meals a day - but it's up to prison officials to decide how hot is hot enough, a state appeals court ruled Tuesday."

You can access yesterday's ruling of the California Court of Appeal for the First Appellate District, Division One, at this link.
Posted at 09:12 AM by Howard Bashman



"U.S. Muslims Taken Aback by a Charity's Conviction": The New York Times contains this article today.
Posted at 09:08 AM by Howard Bashman


"Florida ban on gay adoptions ruled unconstitutional; A gay North Miami man is allowed to adopt the two foster children he has raised since 2004 after a juvenile court judge declared a state ban unconstitutional": This article appears today in The Miami Herald.

And The New York Times reports today that "Florida Gay Adoption Ban Is Ruled Unconstitutional."

You can access yesterday's trial court ruling at this link.
Posted at 09:05 AM by Howard Bashman



"Freed Guantanamo prisoner arrives home in Yemen; Salim Ahmed Hamdan, a former driver and bodyguard to Osama bin Laden, will serve the remaining month of his sentence in his homeland": Carol J. Williams has this article today in The Los Angeles Times.

And today in The Miami Herald, Carol Rosenberg reports that "Bin Laden's driver will finish jail time in Yemen; The Pentagon has sent Osama bin Laden's driver from Guantanamo to his native Yemen to serve out his prison sentence, three months after a military jury convicted him of war crimes."
Posted at 09:02 AM by Howard Bashman



"State Supreme Court: Sentence for sex offenders overruled; Life in prison breaks Eighth Amendment." Bill Rankin has this article today in The Atlanta Journal-Constitution.

You can access yesterday's ruling of the Supreme Court of Georgia at this link.
Posted at 08:57 AM by Howard Bashman



"Nichols' delusion danger debated; Prosecutor prods psychiatrist about whether killer still a threat": The Atlanta Journal-Constitution contains this article today.
Posted at 08:54 AM by Howard Bashman


"Gay rights leaders plan $1-million war chest to defend judges who back same-sex marriage; At a 'virtual' town hall meeting, they also discuss putting a new gay-marriage question before voters, perhaps as soon as 2010": This article appears today in The Los Angeles Times.
Posted at 08:44 AM by Howard Bashman


"Journal asks high court to make Station jury questionnaires public": The Providence (R.I.) Journal today contains an article that begins, "Two years after 421 prospective jurors filled out questionnaires eliciting their opinions about the tragic Station nightclub fire that claimed 100 lives, The Providence Journal's fight to open those records is bound for the Rhode Island Supreme Court."
Posted at 08:35 AM by Howard Bashman


"New Details on F.B.I.'s False Start in Anthrax Case": This article appears today in The New York Times.

The Washington Post reports today that "In Anthrax Probe, Focus on Hatfill Relied on Informants."

And The Los Angeles Times reports that "FBI's early anthrax hunches revealed in documents; The unsealed papers show how the FBI came to think Steven J. Hatfill was responsible for the deadly 2001 anthrax mailings."
Posted at 08:32 AM by Howard Bashman



"US judge rejects call for recusal": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "A federal district court judge yesterday refused to disqualify herself from the case of a man suing the Boston Police Department for a wrongful conviction in three rapes though the city said remarks she made from the bench betrayed a 'deep-seated favoritism and antagonism.'"
Posted at 08:14 AM by Howard Bashman


"ER doc/wife of Gibbs & Bruns associate tends to fallen U.S. attorney general": Yesterday at Texas Lawyer's "Tex Parte Blog," Brenda Sapino Jeffreys had a post that begins, "Dr. Lisa Cooper, an emergency room doctor in Houston who is married to Gibbs & Bruns associate Matthew Cooper, got a chance to use her skills on U.S. Attorney General Michael Mukasey when he collapsed on Nov. 20 while giving a speech in Washington, D.C."

Readers of "How Appealing" learned of Dr. Cooper's treatment of Attorney General Mukasey via this post on the morning of November 21, 2008.
Posted at 08:07 AM by Howard Bashman



"State justice confirms he yelled 'Tyrant!' at Mukasey before AG collapsed; Washington State Supreme Court Justice Richard Sanders says that he yelled 'Tyrant!' at U.S. Attorney General Michael Mukasey during a Federalist Society speech in which Mukasey later collapsed at the podium": This article appears today in The Seattle Times. The newspaper has posted online at this link a PDF copy of Justice Sanders' statement.

The Olympian of Olympia, Washington has a news update headlined "Justice acknowledges yelling 'tyrant' at U.S. attorney general."

And The Associated Press has a report headlined "Who yelled 'tyrant' at AG Mukasey? A judge."
Posted at 07:48 AM by Howard Bashman



Tuesday, November 25, 2008

Access online a rare dissent from a federal appellate court's decision to grant rehearing en banc: Dissents from the denial of rehearing en banc issue from time to time, but Fifth Circuit Judge Jerry E. Smith's dissent from the grant of rehearing en banc in United States v. Seale is the first such dissent of that type I can ever recall having seen.

In addition to dissenting from the grant of rehearing en banc, Judge Smith also disagrees with the Fifth Circuit's decision not to hear en banc argument until May 2009.

My earlier coverage of the Fifth Circuit's decision to grant rehearing en banc in this case can be accessed here and here. Judge Smith's dissent apparently did not issue simultaneously with the order granting rehearing en banc.
Posted at 10:18 PM by Howard Bashman



"Sanders lays out his version of events": Adam Wilson, a reporter with The Olympian newspaper of Olympia, Washington, has a blog post this evening reprinting a statement issued late today by Justice Richard B. Sanders of the Washington State Supreme Court.

Justice Sanders says in his written statement that during Attorney General Michael B. Mukasey's address to the Federalist Society last Thursday night, "I felt compelled to speak out. I stood up, and said, 'tyrant,' and then left the meeting."

It's good to see that Wilson was able to correct in fairly short order the serious misimpression left by his article in today's print edition of The Olympian headlined "State justice says he wasn't at Mukasey's speech."

In other coverage, The Seattle Times provides a news update headlined "State justice confirms he yelled 'Tyrant!' at Mukasey before AG collapsed."
Posted at 08:48 PM by Howard Bashman



"Retired U.S. Court Executive Files Kozinski Complaint": Cynthia Cotts of Bloomberg News has an article that begins, "A retired federal court executive alleged Alex Kozinski, chief judge of the U.S. Court of Appeals in San Francisco, broke into a judicial computer security system to restore access to pornographic Web sites, according to a filed complaint."

The article continues, "Ralph Mecham, who headed the Administrative Office of the U.S. Courts in Washington for 21 years until retiring in 2006, made the allegations in a complaint yesterday to the U.S. Court of Appeals in Philadelphia." Cotts reports that "Mecham supplied a copy of his complaint to Bloomberg."

Additional details on the apparently longstanding feud between Mecham and Kozinski can be accessed via a "How Appealing" post from June 16, 2008.
Posted at 08:20 PM by Howard Bashman



Even more Bashman news from Australia: Northern Territory News reports that "Gang of 12 youths bash man." The most recent previous installment of this occasional feature can be accessed here.
Posted at 08:15 PM by Howard Bashman


"Documents released in Hatfill anthrax case": Lara Jakes Jordan of The Associated Press has this report.
Posted at 04:44 PM by Howard Bashman


"The BLT: The Blog of Legal Times" covers developments relating to the murder of lawyer Robert Wone: Today the blog features posts titled "Wone Family Files $20 Million Wrongful Death Suit"; "Defense Lawyer Chides Prosecution Tactics in Wone Investigation": and "Ward Ordered Released."
Posted at 04:10 PM by Howard Bashman


"Court grants two cases": Lyle Denniston has this post at "SCOTUSblog."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 04:05 PM by Howard Bashman



"Who Was the Fed Soc Heckler?" Orin Kerr has this post this afternoon at "The Volokh Conspiracy."
Posted at 03:55 PM by Howard Bashman


"Ohio high court to decide congressional votes": The Associated Press provides a report that begins, "The Ohio Supreme Court will have the final say on how thousands of outstanding provisional votes are counted for a tight congressional race. The 6th U.S. Circuit Court of Appeals ruled Tuesday that the state high court rather than federal court is the proper forum to decide the question."

And The Columbus Dispatch has a news update headlined "Provisional ballot case sent back to Ohio Supreme Court."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 03:50 PM by Howard Bashman



"Who heckled Attorney General Michael Mukasey, Pt. II": Michelle Malkin has this post today at her blog.
Posted at 02:10 PM by Howard Bashman


"Florida ban on gay adoptions ruled unconstitutional": The Miami Herald provides a news update that begins, "A Miami-Dade circuit judge Tuesday declared Florida's 30-year-old ban on gay adoption unconstitutional, allowing a North Miami man to adopt two foster kids he has raised since 2004." The newspaper has posted online a copy of today's ruling at this link.

And The Associated Press reports that "Miami judge rules against Florida gay adoption ban."
Posted at 01:00 PM by Howard Bashman



"Osama bin Laden's driver headed home to Yemen; The Pentagon has sent Osama bin Laden's driver from Guantanamo to his native Yemen to finish his prison sentence, three months after a military jury convicted him of war crimes": Carol Rosenberg of The Miami Herald has this news update.
Posted at 12:57 PM by Howard Bashman


"'Heckler' Judge at Mukasey Dinner Speaks to the Law Blog": Amir Efrati has this post today at WSJ.com's "Law Blog."

Since I linked earlier this morning to an article headlined "State justice says he wasn't at Mukasey's speech" published today in The Olympian, several "How Appealing" readers have emailed me to reiterate their belief, based on having attended the speech, that the heckler was indeed Washington State Supreme Court Justice Richard B. Sanders.

The Olympian article contains, in quotations attributed to Justice Sanders, no direct refutation of the charge that he was the heckler. And contrary to the text and headline of The Olympian article, Justice Sanders in his interview with WSJ.com's "Law Blog" admits to having attended Mukasey's Federalist Society speech and to having departed in the midst of that speech. Witnesses to the event have described that the heckler left the speech after having made the "tyrant" remark to Mukasey.
Posted at 12:44 PM by Howard Bashman



"Holy Land Foundation defendants guilty on all counts": This article appears today in The Dallas Morning News, along with articles headlined "Holy Land investigation dates back to 1993" and "Holy Land supporters accuse government of preying on fear."

The New York Times reports today that "Five Convicted in Terrorism Financing Trial."

The Washington Post reports that "Muslim Charity's Ex-Leaders Convicted; Justice Nets 2 Wins As Embassy Blast Verdicts Endure."

The Los Angeles Times reports that "Holy Land charity and leaders found guilty on all 108 counts; After a mistrial last year, Texas jurors agree with government accusations that the foundation was funneling money to Hamas, designated a terrorist group."

And USA Today reports that "Charity leaders convicted of aiding Hamas; Five guilty of tax fraud, money laundering, supporting terrorist group with $12 million."
Posted at 09:45 AM by Howard Bashman



"State justice says he wasn't at Mukasey's speech": The Olympian of Olympia, Washington today contains an article that begins, "Contrary to rumor, Washington Supreme Court Justice Richard Sanders said he was in town, but not in the room, when U.S. Attorney General Michael Mukasey collapsed last week."
Posted at 09:34 AM by Howard Bashman


"Court Backs Warrantless Searches Abroad": The New York Times today contains an article that begins, "The authorities may lawfully conduct searches and electronic surveillance against United States citizens in foreign countries without a warrant, a federal appeals court panel said on Monday, bolstering the government's power to investigate terrorism by ruling that a key constitutional protection afforded to Americans does not apply overseas."

My earlier coverage of yesterday's Second Circuit rulings appears at this link.
Posted at 09:23 AM by Howard Bashman



"Seattle's mayor is up in arms about guns; Mayor Greg Nickels wants to ban guns from city property; But a Washington state law, and other challenges, may shoot down his proposal": This article appears today in The Los Angeles Times.
Posted at 09:20 AM by Howard Bashman


"GPS technology doubles as crime-fighting tool; The units can place a suspect at a crime scene, undermine an alibi or prove fault in an accident; And though privacy rights advocates don't like the intrusion, courts tend to side with authorities": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 09:14 AM by Howard Bashman


"Judge tosses 3 perjury charges against Bonds": Lance Williams has this article today in The San Francisco Chronicle.

And The New York Times reports today that "Judge Dismisses Three of 15 Counts Against Bonds."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of California.
Posted at 09:10 AM by Howard Bashman



"Legal experts puzzled over California justice's seeming reversal on Prop. 8; Justice Joyce L. Kennard has been a reliable supporter of gay rights in the past, but last week she was the only Supreme Court jurist to vote against hearing legal challenges to the gay-marriage ban": Maura Dolan has this front page article today in The Los Angeles Times.

And The New York Times today contains an editorial entitled "California's Legal Tangle."
Posted at 09:02 AM by Howard Bashman



"Nesconset lawyer's death a murder for hire, woman says": Today's edition of Newsday contains an article that begins, "The fatal shooting of a Nesconset lawyer wasn't a botched robbery but a murder for hire, said a woman charged in the death of James DiMartino as she pleaded guilty to second-degree murder yesterday in Riverhead."
Posted at 08:57 AM by Howard Bashman


"Appeals Court Hears Uighur Detainees' Case; Justice Lawyer Urges Reversal of 'Unprecedented Order' to Free 17 Chinese Muslims": The Washington Post contains this article today.

And today in The Christian Science Monitor, Warren Richey has an article headlined "Can US judges order detainees released? That's a key question in the case of 17 Chinese Muslims held at Guantanamo, which a federal appeals court panel takes up Monday."
Posted at 08:52 AM by Howard Bashman



"Court: Alleged Ky. abuse victims can sue Vatican; Ruling limited to actions on U.S. soil." This article appears today in The Courier-Journal of Louisville, Kentucky.

And The Wall Street Journal reports today that "U.S. Court Allows Abuse Case vs. Vatican."

You can access yesterday's Sixth Circuit ruling at this link.
Posted at 08:40 AM by Howard Bashman



"From One Footnote, a Debate Over the Tangles of Law, Science and Money": Adam Liptak's "Sidebar" column reemerges today, as a "column on the Supreme Court [that] will appear every other Tuesday."

Today's installment begins, "Two years after Exxon was hit with a $5 billion punitive damages award for the Exxon Valdez disaster, Prof. William R. Freudenburg's phone rang."
Posted at 08:34 AM by Howard Bashman



"Indefinite Detention": Today's edition of The New York Times contains an editorial that begins, "For more than five years, the Bush administration has been holding Ali al-Marri, a legal resident of the United States, in near isolation under President Bush's reprehensible enemy combatant doctrine. The Supreme Court is to meet on Tuesday to decide whether to review the case, and it should. The justices need to make clear that a president cannot trample on individual rights by imprisoning people indefinitely simply by asserting that they are tied to terrorism."

And today in The Los Angeles Times, Jonathan Hafetz has an op-ed entitled "2,000 days in detention: The case of an 'enemy combatant' who has been held in a Navy brig in South Carolina is about to go before the Supreme Court."
Posted at 08:30 AM by Howard Bashman



"Bin Laden's Driver to Be Returned to Yemen": The New York Times provides this news update.

The Washington Post today contains a front page article headlined "Hamdan To Be Sent To Yemen; Bin Laden Driver Spent 7 Years at Guantanamo."

And today in The Los Angeles Times, Carol J. Williams reports that "Salim Ahmed Hamdan to leave Guantanamo; After serving time for supporting terrorism, Osama bin Laden's onetime driver is said to be in the midst of a transfer to Yemen."

My earlier coverage appears at this link.
Posted at 08:27 AM by Howard Bashman



"Gay Marriage and the California Courts: Democracy loses if Prop. 8 is overruled." Columnist William McGurn has this op-ed today in The Wall Street Journal.
Posted at 08:23 AM by Howard Bashman


"Juvenile Jurist: Guess who heckled Attorney General Mukasey last week?" That's the headline of James Taranto's "Best of the Web" column at WSJ.com from yesterday afternoon.
Posted at 08:22 AM by Howard Bashman


"Sweeping Pardons 'Unnecessary'; White House Is Disinclined to Grant Clemency to Officials Involved in Terror Policies": Today in The Wall Street Journal, Evan Perez has an article that begins, "The White House isn't inclined to grant sweeping pardons for former administration officials involved in harsh interrogations and detentions of terror suspects, according to people familiar with the situation."
Posted at 08:15 AM by Howard Bashman


"The Supreme Court Opts to Decide Whether McCain-Feingold's Campaign Finance Regulations Were Properly Applied to a Film Attacking Hillary Clinton, and to Ads for the Film": Julie Hilden has this essay online at FindLaw.
Posted at 08:07 AM by Howard Bashman


Monday, November 24, 2008

Access online ABC's reply brief in the Second Circuit appeal concerning whether the buttocks are, or are not, a "sexual or excretory organ": On Friday, in an update to a post you can access here, I placed online ABC's opening brief and the FCC's brief for respondents. I have now obtained ABC's reply brief, which you can access at this link.

Because the appeal is pending in the U.S. Court of Appeals for the Second Circuit, the front cover of each of these appellate briefs features the requisite super-huge docket number.

Update: At "Language Log," Bill Poser offers these thoughts on the briefs I posted on Friday. And his earlier post on this matter, from January 2008, can be accessed here.
Posted at 08:44 PM by Howard Bashman



"5th Circuit upholds denial of death row appeal": The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, "A three-judge panel of the 5th U.S. Circuit of Appeals has denied an appeal filed by four Mississippi death row inmates who argued the state's method of lethal injection is unconstitutional."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:30 PM by Howard Bashman



"U.S. to extradite Bin Laden's driver to Yemen soon": The Yemen News Agency provides a report that begins, "Well-informed sources said on Monday that U.S. authorities would extradite Salim Hamdan to Yemen in the coming few days, the State-run 26sep.net reported Monday."
Posted at 06:00 PM by Howard Bashman


"Court refuses to intervene in young detainee case": Jesse J. Holland of The Associated Press has a report that begins, "A federal judge on Monday refused to block the military trial of a Canadian held at Guantanamo Bay and charged with killing a U.S. soldier while still a juvenile."

Today's ruling of the U.S. District Court for the District of Columbia in Khadr v. Bush consists of a memorandum opinion and an order.
Posted at 05:55 PM by Howard Bashman



"Holy Land Foundation defendants guilty on all counts": The Dallas Morning News provides this update.

And The Associated Press reports that "Charity convicted in terrorism financing trial."
Posted at 05:48 PM by Howard Bashman



"Detainees' entry into U.S. in doubt": At "SCOTUSblog," Lyle Denniston has a post that begins, "With two colleagues energetically steering the case in opposite directions, U.S. Circuit Judge Karen LeCraft Henderson on Monday held the fate of 17 Chinese Muslim detainees at Guatanamo Bay in her hands. At most, she provided a slight hint that she may disappoint their plea for early release."
Posted at 04:00 PM by Howard Bashman


The Associated Press is reporting: An article reports that "Appeals court lets Vatican sex-abuse case proceed." You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

An article headlined "Judge tosses appeal condemned killer didn't want" begins, "An appeal notice filed on behalf of a convicted murderer who tortured two young siblings was dismissed Monday by a federal judge, after the defendant told him he did not want to challenge his convictions or death sentences and had not given his attorneys permission to do so."

And in other news, "More Americans serving as their own lawyers."
Posted at 03:45 PM by Howard Bashman



Blog posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "Judicial Pay Raise Stalls Again."

And David Ingram has a post titled "Change in Administration Could Alter Debate Over Regulatory Pre-emption, Lawyers Say."
Posted at 01:44 PM by Howard Bashman



You've probably seen how the speech prematurely ended, and now you can see the rest of it: The Federalist Society has posted online at this link the complete video of last Thursday night's Keynote Address by Attorney General Michael B. Mukasey. [Update: In fact, what The Federalist Society has posted online is not the complete video, as this portion of the video ends before Mukasey collapses.]

Last Friday at her "Legalities" blog, Jan Crawford Greenburg wrote about the substance of the speech in a post titled "A Somber Mukasey, Taking on Critics."

Some news outlets had noted that Mukasey's speech was interrupted by a heckler, and ABC News reports at this link that the heckler was "a state court judge in the audience [who] stood and yelled, 'you tyrant.'" I haven't read anywhere the exact identity of that state court judge, but enquiring minds certainly want to know.

Update: Michelle Malkin is also on the case.
Posted at 12:04 PM by Howard Bashman



"Court mulls early release of Uighurs from Gitmo": Hope Yen of The Associated Press has an article that begins, "A federal appeals court expressed skepticism Monday about a judge's order releasing 17 Turkic Muslims from Guantanamo Bay, Cuba, into the United States."
Posted at 11:45 AM by Howard Bashman


"Supreme Court Justice Clarence Thomas visits the Manhattan Institute for Policy Research in NYC [and] speaks to the audience on the U.S. Constitution and the role of government": C-SPAN has posted online at this link (RealPlayer required) the video of this past Saturday's broadcast of C-SPAN's "America & the Courts."
Posted at 11:00 AM by Howard Bashman


U.S. Court of Appeals for the Second Circuit issues opinions in cases captioned In re Terrorist Bombings of U.S. Embassies in East Africa: The Second Circuit has today issued three separate rulings: one opinion addresses a defendant's Fourth Amendment challenges; another opinion addresses the other defendants' Fifth Amendment challenges; and the third opinion addresses the defendants' remaining challenges to their federal criminal convictions.

The syllabus for each opinion begins, "Defendants appeal from judgments of conviction entered by the United States District Court for the Southern District of New York (Leonard B. Sand, Judge) following a jury trial in which defendants were found guilty of offenses arising from their involvement in an international conspiracy--led by Osama Bin Laden and organized through the al Qaeda terrorist network--to kill American citizens and destroy American facilities across the globe."

The bottom line is that the defendants' convictions are affirmed but one defendant must be resentenced.

Update: In early coverage, The Associated Press reports that "Appeals court in NYC upholds convictions."
Posted at 10:37 AM by Howard Bashman



Pa. Supreme Court denies review of case in which Pa. Superior Court reinstated $3 million verdict for real estate brokerage that sued its lawyer, insurer: In the February 7, 2006 issue of The Legal Intelligencer, Shannon P. Duffy had an article headlined "Common Pleas Judge Tosses $3 Mil. Verdict."

Thereafter, the lawyers for the plaintiffs hired me to assist them with the briefs and oral argument on appeal. On May 22, 2007, I argued the appeal in the Pa. Superior Court. And on October 5, 2007, the Pa. Superior Court issued a decision reinstating the jury's verdict. In coverage of that ruling, Shannon P. Duffy of The Legal Intelligencer reported that "$3 Million Verdict Reinstated for Real Estate Brokerage That Sued Its Lawyer, Insurer."

The defendants then filed petitions for allowance of appeal in the Supreme Court of Pennsylvania. In an order issued last Thursday and posted online this morning, Pennsylvania's highest court denied the petitions for allowance of appeal.
Posted at 09:14 AM by Howard Bashman



"Good judicial philosophy was presented in lecture": Yesterday's edition of The Lubbock Avalanche-Journal contained an editorial that begins, "It was a privilege to have U.S. Supreme Court Justice Antonin Scalia in Lubbock recently, and his lecture reminded us why we appreciate his judicial philosophy."
Posted at 08:33 AM by Howard Bashman


"An offbeat religion tests the First Amendment's balance": Columnist Linda P. Campbell had this op-ed last Thursday in The Fort Worth Star-Telegram.
Posted at 08:30 AM by Howard Bashman


"Italians tell story of immigrant experience; Alito family one of many from Mercer to make mark": This article appeared yesterday in The Times of Trenton, New Jersey.
Posted at 08:27 AM by Howard Bashman


Available online from law.com: An article reports that "2nd Circuit Cool to Arguments Seeking Redress of Corporate Liability on Employee Criminal Acts."

And in other news, "Alaska Drilling Case May Test 9th Circuit's Enviro Cred."
Posted at 08:15 AM by Howard Bashman



In the current issue of The Harvard Law Record: An article is headlined "Profs: District of Columbia v. Heller is a 'Second Amendment Revolution.'"

And in other news, "Justice Breyer presides over 97th Ames Moot Court Competition."
Posted at 08:12 AM by Howard Bashman



"Prop. 8 backers splinter as court fight resumes": This article appears today in The San Francisco Chronicle.
Posted at 08:10 AM by Howard Bashman


"Closing Guantanamo prison may be the easy part for Obama; Much harder will be sorting out the legal complexities of holding, prosecuting, transferring or releasing the roughly 250 prisoners": Julian E. Barnes and David G. Savage have this article today in The Los Angeles Times.
Posted at 08:05 AM by Howard Bashman


"As Bush's Term Ends, Some Big Names Seek Pardons": This article appears today in The Washington Post.
Posted at 08:00 AM by Howard Bashman


"Guantanamo detainees get a dose of culture; Guantanamo guards have decided if you can't free captives, distract them": Carol Rosenberg had this article yesterday in The Miami Herald.
Posted at 07:55 AM by Howard Bashman


"Minorities fear trend from California gay marriage ban": Reuters provides a report that begins, "California's gay marriage ban could open the door to legal discrimination against unpopular groups if the state Supreme Court allows the voter-approved measure to stand, blacks, Latinos, Asians and other minorities said."
Posted at 07:50 AM by Howard Bashman


"Court to hear case of Uighurs held at Guantanamo": Hope Yen of The Associated Press provides this report.
Posted at 07:45 AM by Howard Bashman


Sunday, November 23, 2008

"The Price of Our Good Name: Barack Obama must repair this nation's image and restore its self-respect by closing George Bush's outlaw prison at Guantanamo Bay." The New York Times contains this editorial today.
Posted at 07:05 PM by Howard Bashman


"Joyce's fraud case was no whodunit": This article appears today in The Erie (Pa.) Times-News. The newspaper also contains an editorial entitled "Joyce decision shows no one above law," while columnist Pat Howard has an op-ed entitled "Greed, arrogance sink Joyce, turning judge into criminal."

And today's edition of The Pittsburgh Tribune-Review contains an editorial entitled "Judge Joyce harshly."
Posted at 06:58 PM by Howard Bashman



"Prop. 8 is a tangle for state's high court": Claire Cooper has this op-ed today in The Sacramento Bee.
Posted at 10:32 AM by Howard Bashman


"State Supreme Court orders resentencing of child rapist": Yesterday's edition of The Advocate of Baton Rouge, Louisiana contained an article that begins, "Citing a recent United States Supreme Court ruling that found Louisiana's death penalty for child rape 'unconstitutional,' the Louisiana Supreme Court late Friday reluctantly ordered a Jefferson Parish judge to re-sentence the convicted rapist in the case."

You can access Friday's order of the Supreme Court of Louisiana in Louisiana v. Kennedy at this link.
Posted at 10:30 AM by Howard Bashman



"Reinventing The Second Amendment": George F. Will has this op-ed today in The Washington Post.
Posted at 10:20 AM by Howard Bashman


Saturday, November 22, 2008

"Both sides in California's Prop. 8 battle look ahead to 2010; The gay-marriage ban issue could be back on the ballot in two years; Regardless, backers and foes are organizing supporters, waging a fierce public relations campaign and considering their next moves": This article appears today in The Los Angeles Times.
Posted at 11:24 PM by Howard Bashman


"2 Plead Not Guilty To Obstruction": Today's edition of The Washington Post contains an article that begins, "Two District men charged with obstruction of justice in connection with the 2006 stabbing death of a prominent Washington lawyer pleaded not guilty yesterday in D.C. Superior Court. They were released from custody and ordered to wear ankle monitoring bracelets."

And law.com has an article headlined "Charges but Few Answers in D.C. Lawyer's Murder."
Posted at 11:15 PM by Howard Bashman



"Mukasey Returns to Work After 'Fainting Spell'": The Washington Post contains this article today.

And The Washington Times reports today that "Mukasey goes back to work; Test results 'good' day after collapse at speech."
Posted at 11:14 PM by Howard Bashman



"A Hard Choice: A young medical student tries to decide if she has what it takes to join the diminishing ranks of abortion providers." This article will appear in tomorrow's issue of The Washington Post Magazine.
Posted at 11:10 PM by Howard Bashman


"Court could give Obama early test on detentions": Mark Sherman and Meg Kinnard of The Associated Press have a report that begins, "The Supreme Court could hand President-elect Barack Obama a delicate problem in the coming days: What to do with a suspected al-Qaida sleeper agent who is the only person detained in this country as an enemy combatant?"
Posted at 11:07 PM by Howard Bashman


"New Twist in Appeal of Ex-Alabama Governor": The New York Times today contains an article that begins, "New accusations have emerged during the appeal of the bribery conviction of former Gov. Don Siegelman of Alabama that could buttress Democrats' claims that the case against him was politically tainted, even as he prepares to argue against his conviction in a federal appeals court in Atlanta early next month."
Posted at 11:04 PM by Howard Bashman


Articles of interest available online from McClatchy Newspapers: An article reports that "Obama detainees pledge raises concerns in South Carolina."

And in other news, "Even if Democrats get 60 Senate seats, they'll need help."
Posted at 10:50 PM by Howard Bashman



In the December 1, 2008 issue of Newsweek: Michael Isikoff will have an article headlined "Obama to Take On Torture?"

And Dahlia Lithwick wiill have an essay entitled "No Small Task For Eric Holder: The new attorney general will face tremendous pressure to go after those who authorized torture."
Posted at 10:47 PM by Howard Bashman



"Analyzing the Two Key Arguments in the California Supreme Court Case Regarding the Anti-Same-Sex-Marriage Proposition Eight": Vikram David Amar has this essay online at FindLaw.
Posted at 10:45 PM by Howard Bashman


Access online the November 2008 issue of the Harvard Law Review, devoted to the U.S. Supreme Court's October Term 2007: Links to the individual comments and case notes can be found in this post at "Concurring Opinions."

The issue contains comments about last Term's Second Amendment case, District of Columbia v. Heller, written by Akhil Reed Amar, Reva B. Siegel, and Cass R. Sunstein, along with this student-written introduction.
Posted at 08:02 PM by Howard Bashman



"Senator Pell's service recognized at courthouse centennial celebration": Today's edition of The Providence (R.I.) Journal contains an article that begins, "For a time yesterday in federal Courtroom No. 1, U.S. Supreme Court Justice David H. Souter sat in the jury box, 90-year-old former U.S. Sen. Claiborne Pell presided at the defense table and Governor Carcieri took a seat at the prosecutor's table. It was no ordinary day in court. The occasion marked the culmination of a year's-long centennial celebration for the five-story granite courthouse, which has stood its post on the east end of Kennedy Plaza since 1908."
Posted at 12:25 PM by Howard Bashman


Friday, November 21, 2008

"High court could hear al-Marri case; U.S. Supreme Court has never ruled on similar 'enemy combatant' cases": The Journal Star of Peoria, Illinois has posted online this evening an article that begins, "One of the most controversial legal matters in the ongoing war on terror got its start in Peoria, some seven years after a simple traffic stop. That traffic stop garnered the attention of federal authorities and three months, later, Ali Saleh Kahlah al-Marri was arrested at his West Peoria apartment in December 2001, and held as a material witness in the wake of the Sept. 11, 2001, terrorist attacks."
Posted at 09:25 PM by Howard Bashman


"Latest Development in Jones Day Trademark Abuse Case": This post appeared Wednesday at Public Citizen's "Consumer Law & Policy Blog."

In my post about this development from last Friday, I wrote that "the ruling is not yet available online." It's available online now, however, at this link.
Posted at 09:15 PM by Howard Bashman



"An Empirical Invesigation into Appellate Structure and the Perceived Quality of Appellate Review": Law Professors Jonathan Remy Nash and Rafael I. Pardo have this article in the November 2008 issue of the Vanderbilt Law Review (via "Sentencing Law and Policy").
Posted at 09:05 PM by Howard Bashman


Only in the Ninth Circuit? The Metropolitan News-Enterprise today contains an article headlined "Ninth Circuit Reverses Sleeping Felon's Firearm Possession Conviction" that begins, "A divided panel of the Ninth U.S. Circuit Court of Appeals yesterday reversed a man's felon-in-possession-of-firearms conviction because he was asleep when police officers found him on a couch in an abandoned apartment with one gun on his lap and another leaning against his leg."

News from earlier this month reminded us that passed-out people are at risk of being turned into a surface for often crude graffiti. And now we learn, courtesy of yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit, that sleeping felons may be used as a storage site for firearms.

Fortunately, at least two Ninth Circuit judges on the three-judge panel that produced yesterday's ruling were unwilling to see sleeping felons be found guilty of additional federal criminal charges for having been exploited in that manner.
Posted at 04:55 PM by Howard Bashman



"A backside brouhaha": Today at The Boston Globe's "Brainiac" blog, Christopher Shea has a post that begins, "What, exactly, are the buttocks? The FCC and ABC, Inc., are duking it out over that profound question, which has now reached the federal appeals court for the Second Circuit. The debate has drawn in some of the country's top legal advocates. Seth Waxman, for example, who leads the appellate practice at the elite firm WilmerHale, has been mentioned as a possible Supreme Court nominee during Barack Obama's presidential term. But first he will make the bold argument, on behalf of ABC, that the buttocks are not a 'sexual or excretory organ.' Never have been, never will be -- whatever the anatomically illiterate FCC says."

Hmm, that sounds like an appellate brief that I should be posting online here at "How Appealing."

Update: You can access ABC's opening brief on appeal at this link. You can access the FCC's appellate brief in response at this link.
Posted at 04:22 PM by Howard Bashman



"Mukasey feeling better, checks out of hospital": The Associated Press provides this updated report.

The Washington Post has a news update headlined "Mukasey Released From Hospital."

And The New York Times has a news update headlined "Mukasey Leaves the Hospital."

Given this good news, a possible alternate title for the post immediately below could be "But did she stay at a Holiday Inn Express last night?" (access related video at this link).
Posted at 01:23 PM by Howard Bashman



More information concerning last night's Federalist Society dinner: A longtime reader of this blog emails:
The doctor who happened to be in the audience, and rushed to the podium to treat Mukasey, and went with him in the ambulance to the hospital, is Dr. Lisa Cooper, M.D., an emergency room specialist who is the wife of Matt Cooper. Dr. Cooper practices emergency medicine for a hospital in Houston. Matt Cooper is an associate with Gibbs & Bruns in Houston.
According to Matt's law firm bio, he not only is a Harvard Law graduate, but he also served as a captain in the Air Force before law school and clerked for a judge on the U.S. Court of Appeals for the Fifth Circuit after law school. Thanks much to the source of this information for sending it along!
Posted at 11:54 AM by Howard Bashman


"Gov't: AG doing better after collapse." The Associated Press provides this updated report.
Posted at 11:02 AM by Howard Bashman


"Lawyers who win public-interest lawsuits are entitled to payment, California Supreme Court rules; Suits that result in important rights being enforced typically target government agencies": Carol J. Williams has this article today in The Los Angeles Times.

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 09:35 AM by Howard Bashman



"Court: Sex-offender law unfairly restrictive." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A voter-approved law prohibiting sex offenders from living within 2,000 feet of a school or a park amounts to additional punishment for the offenders' original crimes, a state appeals court has ruled in a case that could affect thousands of parolees."

You can access at this link Wednesday's ruling of California's Court of Appeal for the Fourth Appellate District, Division Three.
Posted at 09:32 AM by Howard Bashman



"Court overturns 1991 murder conviction of Arizona teen who confessed; 8-year-old's interrogation is similar; Johnathan Doody -- said to have slain nine at a Buddhist temple -- was questioned at length with no adult support; This month, so was a third-grader accused of killing his father and a boarder": Carol J. Williams has this article today in The Los Angeles Times.

And The Arizona Republic reports today that "New trial ordered in 1991 Buddhist temple killings; Court: Admission to 9 murders forced."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 09:22 AM by Howard Bashman



"Lori Drew didn't create MySpace page used to harass Megan Miers, witness says": This article appears today in The St. Louis Post-Dispatch.

Today in The Los Angeles Times, Scott Glover reports that "Mother saw MySpace plan as clever, witness says; A family friend says she helped Lori Drew create a bogus MySpace profile to 'expose' a teenager who later committed suicide."

And The New York Times reports that "Woman Who Posed as Boy Testifies in Case That Ended in Suicide of 13-Year-Old."
Posted at 09:17 AM by Howard Bashman



"3 Indicted In Alleged Coverup of D.C. Killing": The Washington Post today contains an article that begins, "Three men at the center of an enduring murder mystery in an elegant Dupont Circle townhouse have been indicted on obstruction of justice charges as police continue to investigate the slaying of Robert Wone, a rising star in Washington's legal community who was fatally stabbed two years ago while staying overnight at the home."

And yesterday evening, "The BLT: The Blog of Legal Times" had a post titled "Bail For Arent Fox Partner Set at $100,000."
Posted at 09:03 AM by Howard Bashman



"Conservative Federalist Society Can Expect Its Status to Shrink": Robert Barnes has this article today in The Washington Post.
Posted at 08:57 AM by Howard Bashman


"Mukasey Collapses During Address in Washington; Hospitalized Overnight": The Washington Post provides this news update.

The Associated Press reports that "Mukasey takes get-well call from Bush."

The Los Angeles Times reports today that "Mukasey collapses during speech; The attorney general is hospitalized, his condition unclear."

The Washington Times reports today that "Mukasey collapses during D.C. speech; 'Alert' and talking at hospital."

USA Today reports that "Mukasey falls unconscious during speech."

In The Wall Street Journal, Evan Perez reports that "Attorney General Mukasey Collapses During Speech."

Also today in The Wall Street Journal, Attorney General Michael B. Mukasey has an op-ed entitled "Al Qaeda Detainees and Congress's Duty: Habeas corpus hearings could set terrorists free inside the U.S."
Posted at 08:55 AM by Howard Bashman



"Court Says Shell Can't Drill Near Alaska": Today's edition of The New York Times contains an article that begins, "A federal appeals court on Thursday blocked Royal Dutch Shell from drilling oil wells off Alaska's North Slope after finding that the Interior Department had failed to conduct an environmental study before issuing the company's drilling permit."

The Los Angeles Times reports today that "Appeals court rules against Arctic drilling plan; In a 2-1 decision, the court orders a more thorough environmental review of the proposed offshore oil drilling project's effect on fish and endangered bowhead whales."

The Associated Press reports that "Court orders review of Beaufort drilling plan; Federal appeals court orders more agency review of Shell drilling plans in Beaufort Sea."

And Reuters reports that "Court voids Shell's Beaufort Sea drilling plan."

You can access yesterday's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:50 AM by Howard Bashman



"Judge Declares Five Detainees Held Illegally": The New York Times today contains an article that begins, "A federal judge issued the Bush administration a sharp setback on Thursday, ruling that five Algerian men have been held unlawfully at the Guantanamo Bay detention camp for nearly seven years and ordering their release."

In The Los Angeles Times, David G. Savage reports today that "Judge orders release of 5 Guantanamo prisoners; The government's case against five Algerian natives, accused of plotting with Al Qaeda, is weak, a federal judge in Washington says."

The Washington Post reports that "5 at Guantanamo Ordered Released; Men Not Considered Enemy Combatants." In addition, the newspaper contains an editorial entitled "'Enough': A court's ruling exposes the travesty of holding 'enemy combatants' on flimsy -- or nonexistent -- evidence." And Benjamin Wittes has an op-ed entitled "Wrenching Choices on Guantanamo."

Jess Bravin of The Wall Street Journal reports that "Judge Orders 5 Gitmo Inmates Released."

Marisa Taylor of McClatchy Newspapers reports that "Judge orders release of 5 Guantanamo detainees."

And The Washington Times reports that "Federal judge orders five Gitmo detainees freed."

You can access yesterday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 08:35 AM by Howard Bashman



"Obama to delay repeal of 'don't ask, don't tell'; Advisers see consensus building before lifting ban on gays": This article appears today in The Washington Times.
Posted at 08:27 AM by Howard Bashman


"Insurer to seek Joyce payment; Erie Insurance wants restitution; State Farm's plans remain unclear": Today's edition of The Erie (Pa.) Times-News contains an article that begins, "Michael T. Joyce, once one of the top legal authorities in the state, called his $390,000 settlement with Erie Insurance Group a contract. A jury of 12 ordinary citizens who examined Joyce's claim in a federal courtroom called it a crime. Now Joyce faces the possibility of having to return the $390,000 to Erie Insurance, which said Thursday it will seek restitution."
Posted at 08:17 AM by Howard Bashman


"Gay rights advocates forced to adjust agenda; Shift focus away from marriage to key civil rights": This article appears today in USA Today.

The Miami Herald reports today that "Florida gay rights activists ready to fight threat to benefits; Gay rights activists are ready to go to court to defend domestic partnerships they say will be threatened by the new constitutional ban on same-sex marriage."

The Hartford Courant reports that "Same-Sex Couples First Must Find A Willing And Able Cleric."

The Christian Science Monitor contains an article headlined "California Supreme Court to hear challenges to gay-marriage ban; Opponents argue that the ballot initiative amounts to a revision of the state constitution."

The Orange County Register reports that "Lawsuit to overturn Prop. 8 may face uphill battle; Although the state Supreme Court previously ruled in favor of gay marriage, the latest challenges face a tougher fight."

And The New York Times contains a news analysis headlined "With Same-Sex Marriage, a Court Takes on the People's Voice."
Posted at 08:05 AM by Howard Bashman



"Transition team makes advisers on Constitution a priority": Today in USA Today, Joan Biskupic has an article that begins, "Among the priorities of President-elect Barack Obama's legal team is an obscure Justice Department division that tends to emerge into public view only when things go wrong. During the Bush years, it gained notoriety for memos giving interrogators wide latitude on using coercive techniques with foreign detainees."
Posted at 08:02 AM by Howard Bashman


"A Federal District Judge's Clash with a Repeat Litigant: An Unusual Case with Larger Ramifications For How We Define Justice and Fairness." Edward Lazarus has this essay online at FindLaw.
Posted at 07:58 AM by Howard Bashman


Available online from law.com: An article reports that "11th Circuit Raises Big Questions by Delving Into Death Row Case."

And Shannon P. Duffy has an article headlined "3rd Circuit: Parents Can't Sue Under No Child Left Behind Act." My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 07:52 AM by Howard Bashman



"Justice O'Connor Sits on 3rd Circuit Panel Hearing UPS Challenge to ADA Class Action": Shannon P. Duffy has this article today in The Legal Intelligencer.

And today's edition of The Philadelphia Inquirer contains articles headlined "A big day in Third Circuit court" and "Justice O'Connor goes back to school."
Posted at 07:48 AM by Howard Bashman



"Federalist Society Panel Debates Discipline for Federal Judges": A post yesterday evening at "The BLT: The Blog of Legal Times" begins, "When a federal judge messes up and has to be disciplined, how much does the public deserve to know? That was the question put to a panel of experts this afternoon at the Federalist Society's 2008 National Lawyers Convention."
Posted at 07:40 AM by Howard Bashman


"Mukasey Collapses During Address in Washington; Condition Unknown": This article appears today in The Washington Post.

The New York Times reports today that "Attorney General Collapses During Speech."

Via YouTube, you can access this video from ABC 7 News in Washington, DC. And video from Fox News can be viewed here and here.

The latest coverage from The Associated Press can be accessed here.
Posted at 12:14 AM by Howard Bashman



Thursday, November 20, 2008

"Remarks Prepared for Delivery by Attorney General Michael B. Mukasey at the 2008 Annual Meeting of the Federalist Society": CNN is reporting that Attorney General Michael B. Mukasey collapsed while delivering these remarks this evening. More details to follow.

The Associated Press provides a report headlined "Attorney General Mukasey collapses during speech" that begins, "Attorney General Michael Mukasey has collapsed during a speech and is being taken to a hospital. Associate Attorney General Kevin O'Connor says Mukasey began shaking during a speech to the Federalist Society and collapsed. He did not immediately regain consciousness."

At Politico, Mike Allen has this report.

Evan Perez of The Wall Street Journal has a news update headlined "Attorney General Mukasey Collapses During Speech."

And Bloomberg News reports that "U.S. Attorney General Mukasey Collapses During Speech."
Posted at 10:30 PM by Howard Bashman



"N.J. newspaper can be sued for reporting allegations from lawsuit": The Associated Press provides this report.

You can access last week's ruling of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 10:20 PM by Howard Bashman



"Gableman lawyers cite First Amendment in defense of ad": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Supreme Court Justice Michael Gableman went on the offensive Wednesday against a state Judicial Commission complaint that he knowingly ran a false ad before the April election in which he beat former Justice Louis Butler. In documents they filed, Gableman's lawyers said a state Judicial Conduct Code rule that prohibits judicial candidates from knowingly running false or misleading claims, or misrepresenting their opponent, illegally infringes on the justice's First Amendment right of free speech."

Via WisPolitics.com, you can access the response online at this link.
Posted at 08:57 PM by Howard Bashman



"Court rules painting was 'stolen' by Nazis": The Providence (R.I.) Journal contains this article today.

You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:45 PM by Howard Bashman



"Facing Lease Problems, Newsstand May Soon Close; Out of Town News set to decline lease renewal": This article appeared yesterday in The Harvard Crimson.

And The Boston Globe reports today that "Plan to shutter newsstand pierces heart of Harvard Sq."
Posted at 08:40 PM by Howard Bashman



"Court: Confession was coerced in '91 temple deaths." The Associated Press provides a report that begins, "A federal appeals court has overturned the confession of a man convicted in the 1991 killings of nine people at a Buddhist temple in Arizona."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:32 PM by Howard Bashman



"Rehnquist papers offer peek inside Supreme Court": Stanford News Service provides this report.
Posted at 08:22 PM by Howard Bashman


"O'Connor, retired Supreme Court justice, in Phila. to hear cases today": Joseph A. Slobodzian of The Philadelphia Inquirer has this news update.
Posted at 08:15 PM by Howard Bashman


All parents left behind? The Associated Press provides a report headlined "US court: Parents cannot sue to enforce 'No Child.'"

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 05:42 PM by Howard Bashman



"Misconduct charge dropped for judge's donation": The Salt Lake Tribune today contains an article that begins, "Utah's chief federal judge, Tena Campbell, will not face punishment for breaking the rules by donating to Barack Obama's presidential campaign. Because she admitted the error, promised to stop donating to candidates and publicly apologized, she will not face any serious sanction, according to Robert H. Henry, chief justice of the 10th Circuit Court of Appeals. Henry dropped a charge of judicial misconduct on Nov. 11, in a dismissal order that doesn't name Campbell, but the series of events it describes matches her case."

I have posted online at this link a copy of last week's dismissal order.
Posted at 05:27 PM by Howard Bashman



"Judge's nomination rejected; Utah Senate cites gun ruling -- and his temper": The Deseret News today contains an article that begins, "In a rare move, the Senate voted against the judicial confirmation of Robert Hilder, with a primary criticism being his anti-gun-rights rulings. The Senate voted 16-12 against confirmation for Hilder to Utah's appellate bench, with one of the key criticisms being his ruling in favor of the University of Utah's concealed weapons ban. Along with the gun ruling, Hilder was also criticized as being unable to control his temper, a problem Sen. Chris Buttars, R- West Jordan, said the judge displayed during a closed-door portion of hearings before the Senate Judicial Confirmation Committee."

And The Salt Lake Tribune reports that "Senators reject Hilder for Court of Appeals."
Posted at 05:20 PM by Howard Bashman



"3 men plead not guilty to digging up grave to have sex with dead woman": The Associated Press provides this report. According to The AP's report, the men should at least be lauded for having intended to practice safe necrophelia.

And in local coverage, The Telegraph Herald of Dubuque, Iowa today contains an article headlined "Judge: Corpse case trial will stay put; Lawyers say 3 men accused of digging up woman's body won't get an impartial jury in Grant County."
Posted at 05:00 PM by Howard Bashman



Obviously, he chose the law firm that would be most supportive of his blogging-related intentions and his plans to start the latest law school-based U.S. Supreme Court clinic: At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post titled "Clement Decides."

WSJ.com's "Law Blog" offers a post titled "Former SG Paul Clement to Return to King & Spalding" consisting of a report from Jess Bravin.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "King & Spalding Lands a Big Fish: Paul Clement."

Of course, it's pleasant news when "How Appealing" readers return to the ranks of the gainfully employed.
Posted at 04:48 PM by Howard Bashman



"Will Obama Have an Awkward Inaugural Moment?" Lawrence Hurley has this front page article today in The Daily Journal of California.

According to the article, "Obama will be the first-ever president to be sworn in by a chief justice whose confirmation he voted against."
Posted at 04:40 PM by Howard Bashman



Programming note: A visit with co-counsel in a pending appeal will have me out of the office until later today. Additional posts will appear here this afternoon.
Posted at 08:02 AM by Howard Bashman


"Joyce guilty; Former state judge faces prison term": The Erie (Pa.) Times-News today contains an article that begins, "He faces a likely prison sentence of four to five years. The federal government has the power to take his $360,000 Millcreek Township house and his $19,000 2003 Harley-Davidson motorcycle, as well as the money he spent on a personal plane and investments. With his conviction on federal mail-fraud and money-laundering charges on Wednesday, former state Superior Court Judge Michael T. Joyce, a former Erie County judge who rose to the top ranks of the state's courts to preside over the liberty and property of others, now faces prison and financial ruin."

Today in The Pittsburgh Tribune-Review, Jason Cato reports that "Former judge found guilty in fraud, money laundering case."

Paula Reed Ward of The Pittsburgh Post-Gazette reports that "Fraud jury convicts ex-judge."

And The Legal Intelligencer reports that "Former Judge Convicted for Lying About Injuries in Auto Accident."

It will be interesting to see whether this former Pennsylvania intermediate state appellate court judge will hire an appellate lawyer to handle his appeal.
Posted at 08:00 AM by Howard Bashman



"Close Guantanamo prison? Sure. But that's the easy part; What to do with most dangerous detainees is minefield for Obama." This editorial appears today in USA Today.

The newspaper also contains an op-ed by U.S. Senator John Cornyn (R-TX) entitled "Don't shut it down: Moving detainees to U.S., scrapping military trials would be huge blunder."
Posted at 07:40 AM by Howard Bashman



Wednesday, November 19, 2008

"Supreme Court Justice Gableman denies TV ad was misleading": The Associated Press provides a report that begins, "A Wisconsin Supreme Court justice facing charges that he lied in a Willie Horton-style television ad said in court filings Wednesday there was nothing untruthful about the spot in question."
Posted at 10:30 PM by Howard Bashman


"Primer on Boumediene's week of reckoning": Lyle Denniston has this interesting post today at "SCOTUSblog."
Posted at 10:20 PM by Howard Bashman


"Prop. 8 gay marriage ban goes to Supreme Court; The California high court will review legal challenges to Prop. 8; A hearing is set for March. Prior to a ruling, gay weddings will not be allowed to resume": Maura Dolan of The Los Angeles Times has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "California Supreme Court to decide fate of Prop. 8 same-sex marriage ban."

And Thursday's edition of The New York Times will contain an article headlined "Top Court in California Will Review Proposition 8."

Today's order of the Supreme Court of California can be viewed at this link. The court also issued a news release titled "California Supreme Court Takes Action on Proposition 8; High Court Denies Requests to Stay Enforcement of Proposition 8 and Agrees to Decide Issues Arising Out of Proposition 8."
Posted at 10:12 PM by Howard Bashman



"State Supreme Court to hear challenges to Prop. 8": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The state Supreme Court plunged back into the same-sex marriage wars today, agreeing to decide the legality of a ballot measure that repealed the right of gay and lesbian couples to wed in California."

And The Associated Press reports that "Calif. Supreme Court to take up gay marriage ban."
Posted at 05:15 PM by Howard Bashman



"Joyce found guilty; sentencing set for March": The Erie (Pa.) Times-News provides an update that begins, "Former state Superior Court Judge Michael T. Joyce will be sentenced March 10 in Erie for his conviction today on all the mail-fraud and money-laundering charges against him. Senior U.S. District Judge Maurice B. Cohill Jr. set the sentencing date after the verdict was announced in federal court in Pittsburgh about 4:05 p.m. Joyce was convicted of federal charges that he provided false information to get $440,000 from two insurance companies over injuries he said he suffered in a two-car crash in August 2001. He was also found guilty of charges of money laundering, based on the claims of the U.S. Attorney's Office that he spent the insurance proceeds on a house, motorcycle and other luxury items."

Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Ex-judge guilty in fraud case."

And The Associated Press reports that "Ex-judge in Pa. guilty of fraud, money laundering."
Posted at 04:35 PM by Howard Bashman



"Former Bethlehem Steel manager dies; City native's son is Supreme Court justice": The Tribune-Democrat of Johnstown, Pennsylvania today contains an obituary that begins, "Before John G. Roberts Sr. was known as the father of U.S. Supreme Court Chief Justice John Roberts, he was known in Johnstown as a steel man."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Father of Chief Justice Dies."
Posted at 04:05 PM by Howard Bashman



"Portrait in Nazi-era case stolen, appeals panel rules": The Providence (R.I.) Journal's news blog has a post that begins, "A federal appeals panel today upheld a lower court ruling in finding that the Nazis had, in effect, stolen a painting from a Jewish art collector 50 years ago."

And The Associated Press reports that "RI woman loses appeal for Nazi-era painting."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 01:42 PM by Howard Bashman



"No verdict in Joyce trial": This article appears today in The Erie (Pa.) Times-News. The newspaper also provides an update headlined "2nd day of deliberations start in Joyce case."

And The Associated Press reports that "Jury returning for ex-Pa. judge's fraud case."
Posted at 11:17 AM by Howard Bashman



"Ten picks for Obama's Supreme Court: With as many as three justices expected to retire, Obama may have the opportunity to reshape the conservative-leaning court; Our experts eye the candidates." Justin Jouvenal has this article today at Salon.com.
Posted at 10:02 AM by Howard Bashman


"Detainee Will Face New War-Crimes Charges": The New York Times today contains an article that begins, "Military prosecutors have decided to file new war-crimes charges against a Guantanamo detainee who has been called the 20th hijacker in the Sept. 11 terror plot, discounting claims that his harsh interrogation would make a prosecution impossible."

The Washington Post reports today that "Guantanamo's Yemeni Detainees Epitomize a U.S. Security Concern."

And Carol Rosenberg of The Miami Herald has articles headlined "With Guantanamo war court in doubt, 9/11 case gets new judge" and "Navy lawyers inspect secret prison camp."
Posted at 08:45 AM by Howard Bashman



"Justices block bid to change Abbott funding; N.J. court says Corzine must show his new school aid formula works": This article appears today in The Newark (N.J) Star-Ledger.
Posted at 08:42 AM by Howard Bashman


"For high court, Obama could tap nonjurists": Columnist Edward Fitzpatrick had this op-ed last week in The Providence (R.I.) Journal.
Posted at 08:23 AM by Howard Bashman


"NH drug-privacy law survives challenge": An article published today in The Nashua (N.H.) Telegraph begins, "A New Hampshire law that shields doctors' prescription records from drug companies does not violate the Constitution, the 1st U.S. Circuit Court of Appeals has ruled. In a 148-page ruling released Tuesday, the federal appeals court overturned a ruling by the state's U.S. District Court, in a 2-1 split decision, and found that keeping prescription records confidential does not violate the First Amendment."

And The New York Times reports today that "Federal Court Upholds Drug Privacy Law."

My earlier coverage of yesterday's First Circuit ruling appears at this link.
Posted at 08:22 AM by Howard Bashman



"Federal Building's centennial celebrated": Today's edition of The Providence (R.I.) Journal contains an article that begins, "The U.S. District Court building commands the north end of Kennedy Plaza, and inside its storied chambers some of the state's highest-profile legal cases have unfolded through the years. On Friday, the centennial of the five-story granite courthouse will culminate in a gala attended by one of the highest justices in the land: Supreme Court Associate Justice David H. Souter."
Posted at 07:58 AM by Howard Bashman


"No body? No problem in nearly 300 murder prosecutions." The Providence (R.I.) Journal contains this article today, along with an article headlined "Digging for 'Joe Onions' resumes in East Providence."
Posted at 07:55 AM by Howard Bashman


"Larger Inmate Population Is Boon to Private Prisons": This article appears today in The Wall Street Journal.
Posted at 07:50 AM by Howard Bashman


"2nd Circuit: Barring Queries About Swastika Tattoos Violated Constitution." law.com provides this report.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 07:41 AM by Howard Bashman



"The Obama Administration's Likely Effect on Tort Law and the Civil Justice System Generally": Anthony J. Sebok has this essay online at FindLaw.
Posted at 07:38 AM by Howard Bashman


Tuesday, November 18, 2008

"Recall specter hangs over high court as it considers Prop. 8 challenges; Backers of the measure banning gay marriage have said they will target justices who vote to overturn it; Legal scholars say the court has no clear path to tossing out Prop. 8": Wednesday in The Los Angeles Times, Maura Dolan will have an article that begins, "Six months ago, California's highest court discarded its reputation for caution and ended the state's ban on same-sex marriage. Now the moderately conservative state Supreme Court is being asked to take an even riskier step -- to overturn the November voter initiative that reinstated the gay-marriage ban and possibly provoke a voter revolt that could eject one or more of the justices from the bench."
Posted at 11:18 PM by Howard Bashman


"Eric Holder Is Obama's Top Pick for Justice Dept.; He Would Be the First Black Attorney General": This front page article will appear Wednesday in The Washington Post.

And Wednesday's edition of The New York Times will report that "Holder Seen as Pick for Justice Post as Obama Begins to Settle on His Team."
Posted at 11:15 PM by Howard Bashman



"En Banc 3rd Circuit to Hear Key Criminal Appeals": Shannon P. Duffy has this article today in The Legal Intelligencer.
Posted at 10:38 PM by Howard Bashman


"Begich defeats Stevens in Senate race": The Anchorage Daily News provides an update that begins, "Mark Begich has defeated Sen. Ted Stevens in the election for U.S. Senate."

Wednesday's edition of The New York Times will report that "Democrats Gain as Stevens Loses His Senate Race."

And Wednesday's edition of The Washington Post will report that "Vote Count Indicates Alaska's Ted Stevens Will Lose Senate Seat; 85-Year-Old Was Longest-Serving Republican."

This result assures the Democratic party at least 58 seats in the U.S. Senate, with the outcome of the voting in Georgia and Minnesota yet to be finally decided.
Posted at 10:33 PM by Howard Bashman



"Taxpayers will pay for Gonzales' private attorney": Marisa Taylor of McClatchy Newspapers has an article that begins, "The Justice Department has agreed to pay for a private lawyer to defend former Attorney General Alberto Gonzales against allegations that he encouraged officials to inject partisan politics into the department's hiring and firing practices."
Posted at 08:38 PM by Howard Bashman


"No verdict in Joyce case; deliberations resume Wednesday": The Erie (Pa.) Times-News provides this update.
Posted at 08:14 PM by Howard Bashman


"NH prescription privacy law upheld": The Associated Press provides a report that begins, "A federal appeals court on Tuesday upheld the constitutionality of New Hampshire's first-in-the-nation law that restricts drug company access to some information about doctors' prescription writing habits. The ruling by the 1st U.S. Circuit Court of Appeals in Boston overturns a lower court decision that said the confidentiality law unconstitutionally infringed on free speech."

Senior Circuit Judge Bruce M. Selya's majority opinion begins:

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyberspace.
You can access today's lengthy ruling by a partially divided three-judge First Circuit panel at this link.
Posted at 08:05 PM by Howard Bashman


The Hoya of Georgetown University interviews former Solicitor General Paul Clement: You can access the interview, posted online today, by clicking here.
Posted at 07:58 PM by Howard Bashman


"Chief justice's father dies after long illness": The Associated Press provides a report that begins, "The father of Chief Justice John Roberts died Tuesday after a long illness, the Supreme Court said."
Posted at 07:50 PM by Howard Bashman


Legislators and their fondness for little Roman numerals: At "The Volokh Conspiracy," Eugene Volokh has this post seeking the origin of the term "Romanette."
Posted at 11:50 AM by Howard Bashman


"How the Second Amendment Was Restored: The inside story of how a gang of libertarian lawyers made constitutional history." Brian Doherty will have this article in the December 2008 issue of Reason magazine.
Posted at 11:44 AM by Howard Bashman


"Scalia: Foreign law isn't ours; At Houston gala, he criticizes courts that cite countries' trends for rulings." Mary Flood has this article today in The Houston Chronicle.
Posted at 11:40 AM by Howard Bashman


"Top Judge at Guantanamo Announces Retirement": This article appears today in The Washington Post.
Posted at 11:35 AM by Howard Bashman


"Some Abortion Foes Shifting Focus From Ban to Reduction": The Washington Post today contains a front page article that begins, "Frustrated by the failure to overturn Roe v. Wade, a growing number of antiabortion pastors, conservative academics and activists are setting aside efforts to outlaw abortion and instead are focusing on building social programs and developing other assistance for pregnant women to reduce the number of abortions."
Posted at 11:33 AM by Howard Bashman


"Protests Over a Rule to Protect Health Providers": Today in The New York Times, Robert Pear has an article that begins, "A last-minute Bush administration plan to grant sweeping new protections to health care providers who oppose abortion and other procedures on religious or moral grounds has provoked a torrent of objections, including a strenuous protest from the government agency that enforces job discrimination laws."
Posted at 11:12 AM by Howard Bashman


"Obama's Supreme Court could 'break a barrier,' experts say": This article appears online today at the ASU Web Devil.
Posted at 11:05 AM by Howard Bashman


"At trial, the district court ruled that the defendant's counsel could not cross-examine a government witness about his swastika tattoos. We conclude that this restriction on the scope of cross-examination was a violation of the Confrontation Clause of the Sixth Amendment." So holds the U.S. Court of Appeals for the Second Circuit in a ruling issued today. Unfortunately for the defendant, today's Second Circuit ruling also holds that the error was harmless beyond a reasonable doubt.
Posted at 11:00 AM by Howard Bashman


"Justice Stevens gives no hint of retirement in speech at UF": This article appears today in The Gainesville Sun.

And The Independent Florida Alligator reports today that "Justice, judge cover legal issues for lecture series."

Last night, I linked to additional coverage of this event in this post.
Posted at 10:35 AM by Howard Bashman



"Obama's picks may shift 4th Circuit; Conservative bench has four open seats": The Washington Times contains this article today.
Posted at 10:23 AM by Howard Bashman


"Joyce trial goes to jury; Defense: Injuries real; Government: Judge lied." This article appears today in The Erie (Pa.) Times-News.

Today in The Pittsburgh Tribune-Review, Jason Cato reports that "Jury to decide if ex-judge's behavior was fraudulent or finicky."

And in The Pittsburgh Post-Gazette, Paula Reed Ward reports that "Fraud case of ex-judge goes to jury."
Posted at 09:00 AM by Howard Bashman



"Papers Offer Close-Up of Rehnquist and the Court": Adam Liptak and Jonathan D. Glater have this article today in The New York Times.

And Dan Levine of The Recorder has an article headlined "Opening the Rehnquist Files."

The Hoover Institution last week issued a press release titled "Rehnquist Papers: Finding Aid for Materials from 1947 to 1974 Available to Researchers on November 17, 2008." You can access the finding aid by clicking here.
Posted at 08:54 AM by Howard Bashman



"Early Test for Obama on Domestic Spying Views": This article appears today in The New York Times.
Posted at 08:50 AM by Howard Bashman


"Cops: Business partner lured attorney to his killers." Today's edition of Newsday contains an article that begins, "The attorney who was shot dead in a Commack restaurant parking lot was lured there with the promise of new business by his neighbor and business partner, and then was killed in a botched robbery involving two accomplices, Suffolk police said Monday."
Posted at 08:44 AM by Howard Bashman


Email subject line of the day: An email that arrived last night contained the subject line "I GOT A CERT GRANT B/C OF YOUR WEBSITE." And a bit of digging reveals that the author of the email is indeed counsel of record in a case recently granted review by the U.S. Supreme Court. Anyhow, I'm glad to see that "How Appealing" is at least helping someone obtain Supreme Court review.
Posted at 08:35 AM by Howard Bashman


"Appeals panel upsets award for Medicare": The Providence Journal today contains an article that begins, "A federal appeals panel ruled yesterday that the U.S. Department of Health and Human Services was right when it chose not to reimburse Rhode Island Hospital for time resident physicians spent doing research unrelated to patient care."

You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:17 AM by Howard Bashman



"Twice as much goes to defend suspects than to prosecute them": This article appears today in The Boston Herald, along with articles headlined "Court-appointed lawyers quick to support pricey practice" and "State won't reveal tab for Neil Entwistle's team."
Posted at 08:03 AM by Howard Bashman


Monday, November 17, 2008

"Brown, Prop. 8 forces urge court to hear suits that would toss measure": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The likelihood of a final California Supreme Court showdown over same-sex marriage increased dramatically Monday when Attorney General Jerry Brown and the pro-Proposition 8 campaign urged the justices to decide whether the voter-approved ballot measure is constitutional."

And Maura Dolan of The Los Angeles Times has a news update headlined "Atty. Gen. Jerry Brown urges high court to let Prop. 8 take effect; Brown's office, which has the responsibility of defending the initiative, said it's in the 'public interest' to let the gay-marriage ban take effect while lawsuits are reviewed."
Posted at 10:44 PM by Howard Bashman



"From Justice Stevens, No Exit Signs; As Obama Term Nears, Court Watchers' Eyes Are on Oldest Member": Robert Barnes will have this article Tuesday in The Washington Post.

And The Associated Press reports that "Stevens gives no hints about retirement plans."
Posted at 10:33 PM by Howard Bashman



"Closing Guantanamo prison may force new rules for trying terrorists; Obama will have to find a new balance between civil liberties and national security": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 10:30 PM by Howard Bashman


"The Dark Matter of Our Cherished Document: What you see in the Constitution isn't what you get." Online at Slate, Dahlia Lithwick has this review of Law Professor Laurence H. Tribe's new book, "The Invisible Constitution."
Posted at 10:11 PM by Howard Bashman


"Human drama fills case called landmark on Internet": The Associated Press provides a report that begins, "The case of U.S. vs. Lori Drew is viewed in legal circles as landmark Internet law, but as outlined in government documents with its neighborhood feuds and a teen's suicide, it reads more like a plotline for a made-for-TV drama."
Posted at 08:25 PM by Howard Bashman


"Judges throws out contempt order against reporter": The Associated Press provides a report that begins, "A federal appeals court has thrown out a contempt order against a former USA Today reporter who refused to identify sources for stories about the 2001 anthrax attacks. Toni Locy has been appealing a judge's order in March that required her to pay up to $5,000 a day unless she identified officials who discussed Steven J. Hatfill. That contempt order was thrown out Monday by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit."

I have posted online at this link today's order of the D.C. Circuit.
Posted at 06:15 PM by Howard Bashman



"Jury to start deliberating in Joyce case on Tuesday": The Erie (Pa.) Times-News has an update that begins, "The case against former state Superior Court Judge Michael T. Joyce is now in the hands of the jury. However, the panel will not begin its deliberations until Tuesday morning."

And The Associated Press provides a report headlined "Jury must decide if retired Pa. judge was injured" that begins, "A federal jury considering an insurance fraud case against a since-retired state appellate judge will have to decide if he lied about being injured in a car accident, suffered permanent damage or is a 'hypersensitive' patient who truly believed his life would never be the same."
Posted at 05:47 PM by Howard Bashman



"Nino Scalia, Mark Lanier, and Bambi": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:45 PM by Howard Bashman


"Five Oral Argument Tips--For Judges": After sitting by designation with the U.S. Court of Appeals for the Ninth Circuit, U.S. District Judge Michael W. Mosman of the District of Oregon wrote a short article about how judges might improve their own performance at appellate oral argument.

The article appeared in the October 2008 issue of The Federal Lawyer, and Judge Mosman has kindly sent along an electronic copy of the article, which you can access by clicking here.
Posted at 03:42 PM by Howard Bashman



"'Hillary movie:' campaign-finance victim?" Tony Mauro has this news analysis online today at the First Amendment Center.
Posted at 03:30 PM by Howard Bashman


Access online the document by means of which "Porn Prosecutors Seek Recusal of Entire 9th Circuit": In the November 7, 2008 issue of The Daily Journal of California, John Roemer had an article that begins, "Federal prosecutors have written to all 50 judges on the 9th U.S. Circuit Court of Appeals, asking them to consider recusing themselves from hearing accused pornographer Ira Isaacs' appeal. The rare move is further fallout from the disclosure in June that Chief Judge Alex Kozinski's Web site contained sexually explicit images."

When I had this post noting the existence of that article on November 7, 2008, I wrote: "If I can obtain electronic copies of the parties' Ninth Circuit filings on the recusal issue, I will post them online."

Although counsel for the parties in the United States v. Isaacs appeal have been particularly unhelpful in supplying me with these documents, I have managed to obtain two of the three relevant documents via other means.

I have today posted online both the federal government's "Notice of Potential Need for Circuit-Wide Recusal" and the defendant's "Opposition to Circuit Wide Recusal Notice." The federal government also filed a reply to the defendant's opposition, but I haven't yet succeeded in obtaining a copy of that pleading. If and when I do obtain that pleading, I will promptly post it online here at "How Appealing."

As of now, the Ninth Circuit's electronic docket in the Isaacs appeal shows no sign of any rulings on the federal government's recusal notice.
Posted at 03:25 PM by Howard Bashman



"Real-life experience: With the 'four horsemen of addiction' behind him, newly elected judge says he's ready." The Houston Chronicle today contains a front page article that begins, "The devil tattooed on Kevin Fine's upper arm holds a razor blade, a mirror and an eight ball symbolizing cocaine. His forearm sports a tattoo of Jesus holding up a man who has collapsed amid the waves of a massive storm. Elected by Harris County voters as a state district judge this month, Fine said he'll draw from his experiences as a cocaine addict who has been clean and sober for 10 years when presiding over felony cases."
Posted at 02:45 PM by Howard Bashman


"Judge orders Hatfill search warrant made public": Jesse J. Holland of The Associated Press has a report that begins, "A federal judge on Monday ordered the Justice Department to release the information it used to convince the courts to let it search the home of a former Army scientist who was exonerated in the 2001 anthrax attacks."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 12:17 PM by Howard Bashman



"Paralyzed Calif. man loses high court appeal": The Associated Press provides a report that begins, "A paralyzed man who has sued hundreds of businesses over accommodations for the disabled lost his Supreme Court appeal Monday to get out from under a court order requiring special permission to file new lawsuits."
Posted at 11:44 AM by Howard Bashman


"Court dismisses granted criminal case": Lyle Denniston has this post at "SCOTUSblog." Today's order dismissing the writ of certiorari as improvidently granted in Bell v. Kelly, No. 07-1223, can be accessed here. The U.S. Supreme Court heard oral argument in the case last Wednesday, and you can access the oral argument transcript (which may reveal the reasons for today's dismissal) at this link.

In addition, you can access at this link today's Order List.
Posted at 10:09 AM by Howard Bashman



"A federal bailout for Prop. 8: A Colorado battle may offer a means of challenging California's same-sex marriage ban." Law Professor Brian E. Gray has this op-ed today in The Los Angeles Times.
Posted at 09:52 AM by Howard Bashman


"Who would Obama pick for the Supreme Court? Liberals hope the president-elect would name someone who could counter the court's conservative justices; But Obama has hinted that he favors a more moderate choice." David G. Savage has this article today in The Los Angeles Times.
Posted at 08:37 AM by Howard Bashman


"California death row dysfunction: For two decades, Thomas Francis Edwards has sat on death row for the murder of 12-year-old Vanessa Iberri; The wait is emotional torture for her father." Carol J. Williams has this front page article today in The Los Angeles Times.
Posted at 08:33 AM by Howard Bashman


"Hub seeks federal judge's recusal, citing 'favoritism'; Trying a wrongful conviction lawsuit": Today's edition of The Boston Globe contains an article that begins, "Lawyers defending the Boston Police Department in a lawsuit filed by a man wrongly convicted of three rapes want a federal judge to recuse herself, saying remarks she made from the bench revealed 'deep-seated favoritism and antagonism' that make it impossible for her to be fair in the civil rights case."
Posted at 08:02 AM by Howard Bashman


"5 years later, views shift subtly on gay marriage": The Boston Globe today contains an article that begins, "When the Supreme Judicial Court handed down its landmark decision five years ago tomorrow allowing same-sex couples to wed in Massachusetts, opponents warned that traditional marriage would be endangered, while supporters envisioned an equality movement that would spread across the nation. Over 11,000 same-sex marriages later, neither has happened."
Posted at 07:55 AM by Howard Bashman


Sunday, November 16, 2008

Articles of interest recently posted online at SSRN: Professor Helen J. Knowles has an article titled "Clerkish Control of Recent Supreme Court Opinions? A Case Study of Justice Kennedy's Opinion in Gonzales vs. Carhart" (via "Legal Theory Blog").

Law Professor Richard C. Schragger has an paper entitled "The Last Progressive: Justice Breyer, Heller, and 'Judicial Judgment'" (via "Legal Theory Blog").

Law Professors Charles M. Cameron and Lewis A. Kornhauser have posted online a paper titled "Modeling Collegial Courts (3): Judicial Objectives, Opinion Content, Voting and Adjudication Equilibria" (via "Legal Theory Blog").

And Law Professors Michael Asimow and Richard Weisberg have posted online an article titled "When the Lawyer Knows the Client is Guilty: Client Confessions in Legal Ethics, Popular Culture, and Literature" (via "Legal Theory Blog").
Posted at 10:35 PM by Howard Bashman



"The Loving Decision: Same-sex marriage was beaten back at the ballot box; Now here's a history lesson on why victory is inevitable in the long run." Anna Quindlen will have this essay in the November 24, 2008 issue of Newsweek.
Posted at 10:10 PM by Howard Bashman


"Voting record clouds Obama's judge picks; GOP likely to respond in kind": Monday's edition of The Washington Times will contain an article that begins, "President-elect Barack Obama will be the first president to have participated in Senate filibusters of judicial nominees - a distinction that conservatives say will haunt him in showdowns over anticipated nominations of liberal, activist judges to the federal bench."
Posted at 10:05 PM by Howard Bashman


"Procrastination, Deadlines, and Statutes of Limitation": U.S. Magistrate Judge Andrew J. Wistrich of the Central District of California has this article in the November 2008 issue of the William and Mary Law Review.
Posted at 08:34 PM by Howard Bashman


"Lori Drew and the Computer Fraud and Abuse Act": Daniel J. Solove has this post today at "Concurring Opinions."
Posted at 08:28 PM by Howard Bashman


"A bipartisan Washington begins with Obama's judicial appointments; Partisan divisions have gotten the US nowhere": Law Professor Carl Tobias will have this op-ed Monday in The Christian Science Monitor.
Posted at 08:22 PM by Howard Bashman


"A Circuit the Next President Needs to Complete": Today in The Washington Post, Law Professor Carl Tobias has an op-ed that begins, "One of the most important tasks that the Constitution delegates to the president is the appointment of federal judges. One of the first assignments that Barack Obama should undertake in discharging this critical responsibility as president is to find excellent judges to fill the four openings on the 15-member U.S. Court of Appeals for the 4th Circuit."
Posted at 04:37 PM by Howard Bashman


"Greg Craig Selected as White House Counsel": Michael D. Shear and Anne E. Kornblut have this post today at The Washington Post's presidential transition blog, "44."
Posted at 04:32 PM by Howard Bashman


"Former Supreme Court Justice O'Connor & Journalist Linda Greenhouse": C-SPAN has provided the following description of yesterday evening's broadcast of "America & the Courts":
This Saturday on America & the Courts, former Supreme Court Justice Sandra Day O'Connor & former New York Times Supreme Court Reporter Linda Greenhouse talk about covering the Court at an event hosted by the Newseum's First Amendment Center.
You can view yesterday evening's broadcast by clicking here (RealPlayer required).
Posted at 10:48 AM by Howard Bashman


Saturday, November 15, 2008

"Obama 'unlikely to reverse US judiciary's drift to the right'; Barack Obama is unlikely to reverse the US judiciary's drift to the right under President Bush until his second term in office, acording to constitutional law experts": The Telegraph (UK) contains this article today.
Posted at 11:45 PM by Howard Bashman


"U.S. Supreme Court to hear Enron figure's appeal": This article appears today in The Houston Chronicle.
Posted at 11:42 PM by Howard Bashman


"Entire 5th Circuit to decide whether Seale will go free": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "The entire 5th U.S. Circuit Court of Appeals has voted to hear arguments on whether a reputed Klansman should go free in the 1964 abductions of two African-American teenagers."
Posted at 11:40 PM by Howard Bashman


"California Supreme Court ponders challenges to gay-marriage ban; Four lawsuits testing Proposition 8 have now been filed; At a Berkeley conference on the high court's role, however, the justices refrain from taking sides": Maura Dolan has this article today in The Los Angeles Times. The newspaper also reports that "Protests to be a key test for Proposition 8 opponents; Rallies will show whether Web activism can be turned into a movement to overturn gay-marriage ban."

The San Francisco Chronicle reports today that "Prop. 8 protests could become national movement." And in yesterday's newspaper, Bob Egelko reported that "State high court interested in Prop. 8 suits."

The Washington Post reports that "Protesters Target Supporters of Gay Marriage Ban."

And The New York Times reports that "Mormons Tipped Scale in Ban on Gay Marriage."
Posted at 12:40 PM by Howard Bashman



"West Va. dispute goes to high court; Justices to hear Massey Energy case": This article appears today in The Pittsburgh Post-Gazette.

The Saturday Gazette-Mail of Charleston, West Virginia reports today that "U.S. Supreme Court to review Harman-Massey case."

And The West Virginia Record reports that "U.S. SC to rule on judicial recusal issue."
Posted at 12:30 PM by Howard Bashman



"The Exonerator: The Dallas D.A. is Reviewing Old Cases, Freeing Prisoners -- and Riling His Peers." Today's edition of The Wall Street Journal contains an article that begins, "Craig Watkins may be the only prosecutor in America who is making his name getting people out of prison."
Posted at 12:24 PM by Howard Bashman


"Profanity Wars Come to PBS; 'Filth' Tells Story of British Precursor to U.S. War on Profanity": Today in The Wall Street Journal, Jess Bravin has an article that begins, "Supreme Court arguments rarely offer marketing opportunities, but for WGBH-TV, the case of Federal Communications Commission v. Fox Television provided a special kind of synergy."
Posted at 12:21 PM by Howard Bashman


"Anti-Hillary Clinton movie to get Supreme Court review; A conservative group says regulating its documentary, 'Hillary: The Movie,' as a campaign ad before the Democratic primaries was unconstitutional": David G. Savage has this article today in The Los Angeles Times.

Today in The Washington Post, Jerry Markon reports that "Justices to Consider Whether Movie Violates Campaign Finance Law."

And today's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment entitled "High Court Tackles Campaign Financing" (RealPlayer required) featuring Nina Totenberg.
Posted at 12:17 PM by Howard Bashman



"The Supreme question": Yesterday afternoon, The Deal Newsweekly posted online an article by Alex Lash that begins, "As the nation negotiates its transition from Bush to Obama, the U.S. Supreme Court is weighing a case that could test the new administration on matters far beyond the immediate question of the Food and Drug Administration's regulatory authority."
Posted at 11:52 AM by Howard Bashman


"Post-Guantanamo: A New Detention Law?" This news analysis appears today in The New York Times.
Posted at 11:50 AM by Howard Bashman


"Scalia brings original view of justice to Lubbock": Today's edition of The Lubbock Avalanche-Journal today contains an article that begins, "One of the most controversial justices on the U.S. Supreme Court is sometimes at controversy with himself. Justice Antonin Scalia explained to a large crowd Friday at the Lubbock Memorial Civic Center Exhibit Hall how his ardent belief in the quest to interpret the Constitution as its writers intended sometimes puts him at odds with his own personal beliefs."
Posted at 11:45 AM by Howard Bashman


"Say no to Summum's public display of religion: The Supreme Court should deny the sect's demand for a monument to its beliefs, similar to one in a park featuring the Ten Commandments." This editorial appears today in The Los Angeles Times.

And The Washington Post today contains an editorial entitled "The Seven Aphorisms: A court test of the limits on faith's access to the public square."
Posted at 11:42 AM by Howard Bashman



"Sonar Over Whales": The New York Times today contains an editorial that begins, "The Supreme Court showed extreme and troubling deference to the views of the military, deciding to lift two restrictions on the Navy's use of sonar in training exercises off the California coast."

And today's edition of The Los Angeles Times contains an editorial entitled "Tell it to the whales: The Supreme Court was wrong to eliminate some of the Navy's precautions that help protect marine life."
Posted at 11:40 AM by Howard Bashman



Friday, November 14, 2008

Available online from law.com: Shannon P. Duffy reports that "Former Supreme Court Justice O'Connor to Join 3rd Circuit Panel; O'Connor will serve as a visiting judge on the federal appeals court to hear four oral arguments."

And in other news, "Magazine Opposes High Court Petition; National Geographic says justices should not take freelance photographer's case because 11th, 2nd Circuits agree."
Posted at 11:11 PM by Howard Bashman



"High school students sue over article on sex lives": Yesterday's edition of The Seattle Post-Intelligencer contained an article that begins, "Four Puyallup high school students whose sex lives were detailed in a student newspaper sued the school district Wednesday, saying the publication invaded their privacy and exposed them to severe sexual harassment, humiliation and embarrassment."

Yesterday's edition of The Seattle Times reported that "Puyallup students sue over sex story; Four current and former high-school students filed a lawsuit against the Puyallup School District on Wednesday claiming they were harassed and called 'sluts' and 'whores' after a student newspaper printed a story that detailed their sex lives."

And yesterday's edition of The News Tribune of Tacoma, Washington reported that "Students sue Puyallup district over story in school newspaper; A lawsuit filed in federal court alleges that the Emerald Ridge High School newspaper invaded the privacy of four students with an article about oral sex."

I have posted online at this link a copy of the complaint initiating suit in federal court.
Posted at 11:00 PM by Howard Bashman



"Supreme Court Takes On Campaign Finance Case": Adam Liptak will have this article Saturday in The New York Times.
Posted at 09:20 PM by Howard Bashman


"11th Circuit Judge Blazed Path for Other Female Lawyers; Judge Phyllis A. Kravitch's career includes an impressive number of 'firsts'": Alyson M. Palmer has this article today in the Fulton County Daily Report.
Posted at 09:07 PM by Howard Bashman


"Retired Justice O'Connor to hear cases in Philly": The Associated Press provides a report that begins, "Retired Supreme Court Justice Sandra Day O'Connor will return to the bench next week as a visiting judge on the 3rd U.S. Circuit Court of Appeals."

And The Arizona Republic reports today that "Work continues on restoration, relocation of O'Connor house."
Posted at 09:04 PM by Howard Bashman



"Closings set for Monday in Pa. judge's fraud case": The Associated Press provides a report that begins, "A federal court jury in Pittsburgh will have a long weekend to mull nearly three weeks of testimony in the fraud trial of a retired Pennsylvania appellate judge."

And The Erie (Pa.) Times-News today contains this article reporting on yesterday's developments in the trial.
Posted at 08:55 PM by Howard Bashman



"What's the Best Way To Pack a Court? The attack on merit selection for judges." Bert Brandenburg has this jurisprudence essay online at Slate.
Posted at 08:35 PM by Howard Bashman


"Appeals court says tax scofflaw has to pay IRS": Jesse J. Holland of The Associated Press has a report that begins, "Millionaire tax scofflaw Walter Anderson may have to pay more than $200 million in restitution to the Internal Revenue Service, federal appellate judges said Friday."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 08:10 PM by Howard Bashman



"Britain Debates a Child's Right to Choose Her Own Fate": The Washington Post today contains an article that begins, "Hannah Jones needs a heart transplant. But after nine years of battling leukemia and heart disease, she has had enough of hospitals, operations, drugs and constant pain. So she has opted to skip the surgery and die at home in the company of her family. Hannah is 13 years old, and her case has prompted a wrenching public debate in Britain."
Posted at 04:15 PM by Howard Bashman


"Law Firm's Case Against Blockshopper Allowed To Continue": MediaPost's "Online Media Daily" today has a report that begins, "A federal judge Thursday refused to dismiss a case brought by the law firm Jones Day against online publisher Blockshopper.com, accusing it of trademark infringement for having linked to the law firm." (Via ABA Journal's "Law News Now" blog.)

I attempted moments ago to obtain a copy of the ruling from the web site of the U.S. District Court for the Northern District of Illinois, but the ruling is not yet available online, nor has it even been noted as of moments ago on the case's PACER docket, a current copy of which I have uploaded at this link.

In mid-September 2008, the organization Electronic Frontier Foundation issued a news release entitled "Law Firm Uses Bogus Trademark Claim in Attempt to Silence Online News Site; EFF Urges Judge to Dismiss Baseless Lawsuit" and also posted online this amicus brief that the organization was seeking to file in the case. In addition, EFF has this web page devoted to the case.

According to today's news report on yesterday's ruling, "The case drew the attention of digital rights groups including Public Citizen and the Electronic Frontier Foundation, who attempted to file friend-of-the-court briefs. Darrah Thursday denied their motion to get involved in the case."
Posted at 03:55 PM by Howard Bashman



"US appeals court to hear 1964 Klan killings case": The Associated Press provides a report that begins, "A federal appeals court agreed Friday to hear arguments that a reputed Ku Klux Klansman's conviction in the abductions of two black teenagers found slain in 1964 should not have been overturned." In other words, the U.S. Court of Appeals for the Fifth Circuit has granted rehearing en banc in the case.

My earlier coverage of the three-judge Fifth Circuit panel's ruling from September 2008 that overturned the convictions can be accessed here.

Update: You can now access at this link today's order granting rehearing en banc.
Posted at 03:27 PM by Howard Bashman



"Obama likely to push courts away from right": Reuters provides this report.
Posted at 03:15 PM by Howard Bashman


"Court to rule on campaign films, judge recusal": Lyle Denniston has this post at "SCOTUSblog."

The U.S. Supreme Court granted review today in five cases, and you can access today's Order List at this link.

In early news coverage, The Associated Press reports that "High court to rule when judges must bow out"; "High Court to hear appeal over anti-Clinton movie"; and "High Court to decide limits on retrials."

Greg Stohr of Bloomberg News reports that "Judicial Campaign Contributions Get U.S. Supreme Court Hearing" and "Former Enron Official Gets U.S. Supreme Court Hearing."

And Reuters reports that "US top court to decide Massey Energy case."
Posted at 03:00 PM by Howard Bashman



Programming note: A meeting with opposing counsel in a pending appeal will have me out of the office until later today. Additional posts will appear here this afternoon.
Posted at 08:04 AM by Howard Bashman


"Woman walks with $275k in dance hall case": The Citizen-Times of Asheville, North Carolina today contains an article that begins, "Rebecca Willis sued to make her point six years ago. A settlement Thursday gave her a six-figure exclamation point. The town of Marshall agreed to pay $275,000 for banning Willis from a community dance hall on allegations her moves were too risque."

The News-Record and Sentinel of Marshall, North Carolina reports that "Lawyer says 'dirty dancing' case finally settled."

And The Associated Press reports that "Legal grind ends for woman accused of dirty dance."

This blog's earlier coverage of two federal appellate court rulings in the case can be accessed here and here.
Posted at 08:02 AM by Howard Bashman



"11th Circuit Dissent Could Push Attorney Fees Case to U.S. Supreme Court": law.com provides this report. My most recent coverage of this case appears here.
Posted at 07:55 AM by Howard Bashman


Thursday, November 13, 2008

"Court again struggles with First Amendment doctrines": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 03:12 PM by Howard Bashman


"Justices Revoke Limits On Navy Use of Sonar": Jerry Markon and Juliet Eilperin have this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage and Kenneth R. Weiss report that "Ruling unlikely to quell sonar storm."

In USA Today, Joan Biskupic reports that "High court OKs sonar training off Calif. coast."

law.com's Tony Mauro reports that "High Court Sides With Navy in Sonar Case."

McClatchy Newspapers report that "Supreme Court sides with Navy over whales in sonar dispute."

In The San Francisco Chronicle, Bob Egelko has an article headlined "Supreme Court on sonar: Navy trumps whales."

In The Daily Journal of California, Lawrence Hurley has a front page article headlined "Supreme Court strikes ban on Navy's use of sonar in the Pacific."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "High Court Sides With Navy In Sonar Dispute" (RealPlayer required).
Posted at 11:02 AM by Howard Bashman



"Angrier response to Prop. 8 steps up; After a professional campaign failed to defeat the measure, a Web-based opposition is making itself heard": The Los Angeles Times contains this article today.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Calif. Gay-Marriage Backers Go To Court Over Ban" (RealPlayer required).
Posted at 10:54 AM by Howard Bashman



"Repeal of death penalty urged; Md. panel votes to end executions": This article appears today in The Baltimore Sun.

And The Washington Post reports today that "Panel Calls for Abolition of Death Penalty; System Is Open to Error, Costs Too Much and Fails to Deter Crime, Members Say."

You can access the web site of the Maryland Commission on Capital Punishment by clicking here.
Posted at 10:44 AM by Howard Bashman



"Judges Deny Congressman's Bid to Dismiss Charges": Today's edition of The Washington Post contains an article that begins, "A unanimous appeals court panel yesterday rejected a bid by Rep. William J. Jefferson (D-La.) to dismiss his indictment on bribery and conspiracy charges, batting away arguments that prosecutors flouted the special protection he enjoys as a member of Congress."

And The Times-Picayune of New Orleans reports today that "Charges against Jefferson to stand; Judges reject call to toss 14 counts."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:38 AM by Howard Bashman



"Obama Team Faces Major Task in Justice Dept. Overhaul; Goal Is to Restore Confidence in Law Enforcement Actions": This article appears today in The Washington Post.
Posted at 10:32 AM by Howard Bashman


"Indefinite Detention Center: Why you shouldn't expect Guantanamo to close any time soon." Joseph Landau has this essay online today at The New Republic.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Closing Detention Center Easier Said Than Done" (RealPlayer required).
Posted at 10:12 AM by Howard Bashman



"Brian Nichols trial: Death sentence or life in jail? Witnesses testify in penalty phase about whether society will be safe from convicted murderer." The Atlanta Journal-Constitution contains this article today.

And the Fulton County Daily Report contains an article headlined "Prosecution: Courtroom Shooter Is Still a Danger; During sentencing trial, defense urges jury to look at Brian Nichols' life so client can avoid death penalty."
Posted at 08:45 AM by Howard Bashman



"State's Top Judge, Now 70, Gives Her Farewell Speech": This article appears today in The New York Times.
Posted at 08:42 AM by Howard Bashman


"Senate panel narrowly OKs appeals judge": Today's edition of The Salt Lake Tribune contains an article that begins, "A Senate committee on Wednesday narrowly recommended 3rd District Judge Robert Hilder for a seat on the Utah Court of Appeals after a second round of questions about his ruling allowing the University of Utah to ban guns on campus."

And The Deseret News reports today that "Fight brewing over judicial nomination."
Posted at 08:37 AM by Howard Bashman



"Former death row inmate, cleared by killer's confession, now fights death penalty": This article appears today in The Salt Lake Tribune.
Posted at 08:33 AM by Howard Bashman


"US appeals court hears arguments in ND hemp case": The Associated Press provides a report that begins, "An attorney for two North Dakota farmers argued they should be able to grow industrial hemp under state regulations without fear of federal criminal prosecution."

And The Minneapolis Star Tribune reports today that "Hemp growers take case to higher authority; Two North Dakota farmers are licensed to grow the legitimate, useful crop but are seeking a court's validation."
Posted at 08:30 AM by Howard Bashman



"Justices Grapple With Question of Church Monument as Free Speech Issue": Adam Liptak has this article today in The New York Times. Yesterday, that newspaper contained a related editorial entitled "A Case of Religious Discrimination."

Today in The Washington Post, Jerry Markon reports that "Display of Religious Tenets Debated."

In USA Today, Joan Biskupic reports that "Lines drawn in monument case; Utah dispute may test church-state separation."

In The Wall Street Journal, Jess Bravin has an article headlined "10 Commandments vs. 7 Aphorisms: A New Religion Covets Legitimacy."

law.com's Tony Mauro reports that "Supreme Court Justices Hear Arguments in Religious Monument Case."

The Salt Lake Tribune reports that "Utah shrine fight could set national standard; The justices' ruling in the spring could impact governments nationally."

The Deseret News reports that "Top court ponders Pleasant Grove case."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Everything Vibrates: The Supreme Court grapples with the primordial ooze of the Summum case."
Posted at 08:25 AM by Howard Bashman



"Tainted Justice": The New York Times today contains an editorial that begins, "One lesson of the 2008 election season is the escalating threat to the integrity and independence of the justice system from big-money state judicial campaigns."
Posted at 08:19 AM by Howard Bashman


"Bush, Out of Office, Could Oppose Inquiries": Today in The New York Times, Charlie Savage has an article that begins, "When a Congressional committee subpoenaed Harry S. Truman in 1953, nearly a year after he left office, he made a startling claim: Even though he was no longer president, the Constitution still empowered him to block subpoenas."
Posted at 08:17 AM by Howard Bashman


"Same-Sex Couples In Connecticut Tie The Knot, Legally": This article appears today in The Hartford Courant.

The New York Times reports today that "Gay Marriages Begin in Connecticut."

The New Haven Register reports that "Long legal battle ends on same-sex marriage."

The Yale Daily News reports that "Same-sex marriages commence."

And The Boston Globe contains an editorial entitled "Look forward on marriage."
Posted at 08:14 AM by Howard Bashman



"Who Reigns in Succession Crisis? Confusion, Perhaps; Some Find Flaws in Laws on Who Assumes Power if Multiple Members of Government Become Incapacitated; President Armacost?" Ashby Jones has this article today in The Wall Street Journal.
Posted at 08:07 AM by Howard Bashman


In commentary available online at FindLaw: Julie Hilden has an essay entitled "If Obama Has the Opportunity to Appoint Our Next New Supreme Court Justice, Is He Right that Empathy Should Be A Core Criterion?"

And Carl Tobias has an essay entitled "Remedying Resource Shortages in the U.S. District Courts: How the Courts Themselves Can Improve the Situation."
Posted at 07:50 AM by Howard Bashman



"Dismantling Guantanamo: Closing down the prison camp may be easier said than done." Jonathan Mahler has this jurisprudence essay online at Slate.
Posted at 07:35 AM by Howard Bashman


Wednesday, November 12, 2008

The Review of Litigation of The University of Texas School of Law to hold symposium titled "The Rise of Appellate Litigators and State Solicitors General": You can access the details here and here. It promises to be quite an interesting event.
Posted at 09:12 PM by Howard Bashman


"Justices in Commandments case ask: Where will it stop?" The Salt Lake Tribune provides this news update, along with an update headlined "Spotlight on Summum: Journey of one's essence; Transference through mummification."

The Deseret News has an update headlined "First Amendment on the line in Pleasant Grove monument case."

And this evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Court Weighs Religious Monuments, Public Parks" (featuring Nina Totenberg) and "What Are The Seven Aphorisms?" RealPlayer is required to launch these audio segments.
Posted at 09:00 PM by Howard Bashman



"Ex-judge won't testify in own defense": Jason Cato of The Pittsburgh Tribune-Review has a news update that begins, "Defense lawyers for a former state Superior Court judge accused of insurance fraud rested their case without calling him to testify in his own defense."

And The Erie (Pa.) Times-News has an update headlined "Joyce will not testify."
Posted at 08:38 PM by Howard Bashman



"Human rights groups seek detainee truth commission; Human rights groups want next White House to order a subpoena-powered probe of Bush administration detention practices": Carol Rosenberg of The Miami Herald has this news update.

The newspaper has posted the groups' report at this link.
Posted at 08:23 PM by Howard Bashman



"Supreme Court Rules for Navy in Sonar Case": Adam Liptak will have this article Thursday in The New York Times.

And The Honolulu Star-Bulletin has a news update headlined "Sonar ruling may affect Hawaii case."
Posted at 08:11 PM by Howard Bashman



"Appeals court clears way for Rep. Jefferson trial": The Associated Press has a report that begins, "A federal appeals court upheld bribery and other charges against Louisiana Democratic U.S. Rep. William Jefferson on Wednesday, clearing the way for a trial."

And The Times-Picayune of New Orleans has a news update headlined "4th Circuit upholds corruption indictment of U.S. Rep. William Jefferson."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 05:45 PM by Howard Bashman



"Supreme Court lifts limits on Navy sonar near whales; The justices said restrictions off the coast of southern California jeopardized national security": Warren Richey of The Christian Science Monitor has this news update.

And Bill Mears of CNN.com reports that "Court sides with Navy in dispute over sonar and whales."
Posted at 05:37 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in Pleasant Grove City v. Summum, No. 07-665: The Court has posted the transcript at this link.
Posted at 03:03 PM by Howard Bashman


"U.S. Supreme Court Lifts Restrictions on Navy Sonar": Greg Stohr of Bloomberg News has this report.

James Vicini of Reuters reports that "Supreme court rules for Navy in whales-sonar case."

Agence France-Presse reports that "Whales lose as top US court says Navy can keep sonar."

At ABCNews.com, Ariane de Vogue reports that "Supreme Court Sides With U.S. Navy in Dispute Over Sonar Use, Whale Safety; Justices: National Security Strongly Outweighs Alleged Harm to Marine Mammals."

And at her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post titled "Sonar Over Whales."
Posted at 01:38 PM by Howard Bashman



"High court hears dispute over religious monument": Mark Sherman of The Associated Press has this report on today's oral argument.

And Jerry Markon of The Washington Post has a news update headlined "High Court Considers Fight Over Display of 'Seven Aphorisms.'"
Posted at 01:30 PM by Howard Bashman



"U.S. Supreme Court OKs Navy use of sonar; In a defeat for environmentalists, justices say sonar does not have to be turned off when whales are near; Foes say sonar panics whales, makes their ears bleed and may spur them to beach themselves": David G. Savage of The Los Angeles Times has this news update.
Posted at 11:45 AM by Howard Bashman


"Court rules for Navy in dispute over sonar, whales": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Court rules for Navy in sonar use."

You can access today's ruling of the U.S. Supreme Court in Winter v. Natural Resources Defense Council, Inc., No. 07-1239, by clicking here.
Posted at 10:48 AM by Howard Bashman



"Same-Sex Couples Can Obtain Marriage Licenses Today": This article appears today in The Hartford Courant, along with an article headlined "Same-Sex Marriage: Something New, Indeed."

And The Associated Press reports that "Gay marriage legal in Conn., judge clears way."
Posted at 09:50 AM by Howard Bashman



"Fate of religious monuments in justices' hands; U.S. Supreme Court to hear Pleasant Grove's Ten Commandments case": The Salt Lake Tribune contains this article today.

The Deseret News reports today that "Pleasant Grove religious case in top court today."

Mark Sherman of The Associated Press reports that "High court hears dispute over religious monument."

Bill Mears of CNN.com reports that "2 religious groups take battle over monument to Supreme Court."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Supreme Court Hears Religious Display Case" (RealPlayer required) featuring Nina Totenberg.
Posted at 07:50 AM by Howard Bashman



Tuesday, November 11, 2008

"Guantanamo Closure Called Obama Priority": This front page article will appear Wednesday in The Washington Post.
Posted at 11:30 PM by Howard Bashman


"City lawyer argues gun case before U.S. Supreme Court": The Charleston (W. Va.) Gazette (the same publication that recently solved the mystery of who's truly operating "SCOTUSblog") contains this article today.
Posted at 11:28 PM by Howard Bashman


"Mormon town goes to US Supreme Court over free speech; A town in Mormon Utah has gone to the US Supreme Court to settle a constitutional battle over free speech against a tiny sect which mummifies pets": This article appears Wednesday in The Telegraph (UK).
Posted at 11:25 PM by Howard Bashman


"U.S. Supreme Court Blocks Challenge to Secret Litigation": Shannon P. Duffy of The Legal Intelligencer provides this report.
Posted at 11:24 PM by Howard Bashman


In Bashman news from here and there: The Daily Telegraph of Surry Hills, New South Wales, Australia recently published an article headlined "Holy war as priest, nuns 'bash man'" (more details available at this link).

The Geelong Advertiser reported late last month that "Turner bash man walks from court."

And The West Virginia Record reported last month that "School board sued over contaminated air at middle school."

All "no relation."
Posted at 07:54 PM by Howard Bashman



"Court to weigh Utah sect's monument; Justices must decide if the Summum group can put up a religious display in a city park": Warren Richey will have this article Wednesday in The Christian Science Monitor.

The Salt Lake Tribune provides a news update headlined "Utah Ten Commandments case goes before high court."

And The Deseret News provides an update headlined "U.S Supreme Court readies for Pleasant Grove religious case."
Posted at 07:33 PM by Howard Bashman



"Anti-abortion groups jolted by election defeats": The Associated Press provides this report.
Posted at 04:55 PM by Howard Bashman


"Argument preview: Pleasant Grove City v. Summum." Lyle Denniston has this post today at "SCOTUSblog."

My first post at "How Appealing" about this litigation and the Summum religion appeared at this link on the night of July 19, 2002. Amazingly, over six years later, some of the links in that post continue to function today.
Posted at 02:45 PM by Howard Bashman



"The FCC: Undeleted expletives." The Philadelphia Inquirer contains this editorial today.
Posted at 02:24 PM by Howard Bashman


"Must cities accept donated monuments? High court to rule." Michael Doyle of McClatchy Newspapers has an article that begins, "A monumental controversy may force Supreme Court conservatives to choose between veterans and public piety. In a closely watched case, justices will consider on Wednesday when cities and states can be compelled to display donated monuments that may contain religious messages. The resulting decision could shape what public parks look like nationwide."
Posted at 11:27 AM by Howard Bashman


"Gitmo: An Early Test Of Obama's Pragmatism." CBS News legal analyst Andrew Cohen has this essay today.
Posted at 11:15 AM by Howard Bashman


"Fellow jurists defend judge charged with faking injury": Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "A state Supreme Court justice. A retired major general who served as a commander at Guantanamo Bay and worked with the CIA. The president judge of the Pennsylvania Superior Court. Those were three of the witnesses called by the defense yesterday to bolster claims by former state Superior Court Judge Michael T. Joyce that he was injured after an August 2001 slow-speed car accident."

Today in The Pittsburgh Tribune-Review, Jason Cato reports that "Judges testify in colleague's fraud trial."

The Erie (Pa.) Times-News contains this article about yesterday's developments at the trial.

And The Associated Press reports that "Pa. judges defend one of their own; Several high-profile jurists testified during the fraud trial of a former colleague."
Posted at 11:00 AM by Howard Bashman



ABC News correspondent Jan Crawford Greenburg on forthcoming U.S. Supreme Court vacancies (or not): Last Wednesday, Jan had an article headlined "Obama's Impact on Supreme Court Nominations: As President, Obama Could Achieve Dramatic Change on Supreme Court."

And today at her "Legalities" blog, Jan has a post titled "Rumors of Retirements."
Posted at 10:28 AM by Howard Bashman



David G. Savage of The Los Angeles Times is reporting: In today's newspaper, he has articles headlined "Domestic violence abusers could get gun rights; The Supreme Court will decide whether people convicted of misdemeanor assault against their spouses or partners should have their 2nd Amendment rights restored because of a flaw in federal law" and "Supreme Court upholds 'victim impact evidence'; The high court denies appeals of two L.A. murderers on death row who maintain that videos of their victims' lives unfairly play on jurors' emotions; Three justices dissent."
Posted at 10:17 AM by Howard Bashman


"ACLU urges Obama to quickly close Guantanamo camps, court; Seeking to forestall any plans to appease the center, the ACLU puts pressure on the coming Obama administration to order closure of the Guantanamo court and camps on day one": Carol Rosenberg had this article yesterday in The Miami Herald.
Posted at 09:50 AM by Howard Bashman


"Anti-gay marriage group steps up for Prop. 8": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A group opposed to same-sex marriage wants to help defend Proposition 8 before the California Supreme Court, saying lawsuits seeking to overturn the Nov. 4 ballot measure threaten the initiative process."

Today's edition of The Los Angeles Times contains articles headlined "Proposition 8 supporters vent frustration over continued protests; Some backers in Orange County, where the measure was passed by a larger margin than statewide, feel that the people's will was expressed at the polls and should be upheld" and "Democratic legislators ask state Supreme Court to void Prop. 8; Opponents contend that a ban on gay marriage can only be done by a revision of the state Constitution involving the Legislature; The Prop. 8 campaign leader calls the effort 'a Hail Mary.'"

And The Washington Post reports that "Legality of Same-Sex Marriage Ban Challenged."
Posted at 08:23 AM by Howard Bashman



"Landscape Evolves for Assisted Suicide": This article appears today in The New York Times.
Posted at 08:10 AM by Howard Bashman


"Court Weighs How Juries Should Hear Lab Evidence": Adam Liptak has this article today in The New York Times.

In USA Today, Joan Biskupic reports that "Court weighs nature of lab evidence."

And The Boston Globe contains an article headlined "Coakley: Forensics testimony a burden."
Posted at 08:04 AM by Howard Bashman



"Abortion Foes' Dilemma: Confront or Cooperate?" Today's edition of The Wall Street Journal contains an article that begins, "After making significant gains during the Bush administration, the anti-abortion movement was dealt sharp setbacks in last week's election with the defeat of three state ballot measures restricting abortion. Now, strategists are debating whether the way forward should be based on confrontation or cooperation with the incoming Democratic administration."
Posted at 07:58 AM by Howard Bashman


"Summum case not just about religion": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 07:45 AM by Howard Bashman


"Do Convicts Have a Constitutional Right to Access Crime-Scene DNA? The U.S. Supreme Court Considers the Question." Sherry F. Colb has this essay online at FindLaw.
Posted at 07:44 AM by Howard Bashman


"Despite Obama Victory, Will Supreme Court Justices Sit Tight? Who among the high court's four liberal judges might step down? And how would it happen?" law.com's Tony Mauro has this report.
Posted at 07:40 AM by Howard Bashman


Monday, November 10, 2008

"From Tiny Sect, a Weighty Issue for the Justices": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 10:07 PM by Howard Bashman


"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 08:20 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 08:15 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 08:11 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 07:58 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 07:23 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 07:18 PM by Howard Bashman



"Assistant to SG Teaches Chief Justice a New Word": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

You can access today's transcript of the U.S. Supreme Court's oral argument in United States v. Hayes, No. 07-608, by clicking here.
Posted at 04:37 PM by Howard Bashman



"Court of Appeals to Remember Senior Circuit Judge Warren J. Ferguson": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 02:50 PM by Howard Bashman


"U.S. High Court Won't Question Murder Victim Videos": Greg Stohr of Bloomberg News provides this report.
Posted at 02:48 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 02:24 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 08:25 AM by Howard Bashman


On this past Saturday's broadcast of C-SPAN's "America and the Courts": Last month, the AEI Legal Center for the Public Interest held a two-day event titled "Transatlantic Law Forum: Citizenship in Europe and the United States."

Seventh Circuit Judge Diane P. Wood delivered the keynote address. And now that she is a potential U.S. Supreme Court nominee, you can view her speech by clicking here (RealPlayer required).
Posted at 08:15 AM by Howard Bashman



"Obama's change will find its way to U.S. courthouses": This article appeared yesterday in The Newark (N.J.) Star-Ledger.
Posted at 07:58 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 07:40 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 07:35 AM by Howard Bashman


Sunday, November 9, 2008

"Suicide law conflicts with some providers; State finds resistance to measure": Today's edition of The Olympian of Olympia, Washington contains an article that begins, "Some major health care providers say they want nothing to do with the doctor-assisted-suicide law that Washington voters approved Tuesday. Others say they are reserving judgment."
Posted at 10:22 PM by Howard Bashman


"Ex-cop resentenced in molestation case": The San Francisco Chronicle today contains an article that begins, "The former Richmond police officer whose child molestation case led to a U.S. Supreme Court ruling overturning California's sentencing law has been resentenced to his original 16-year prison term."
Posted at 10:18 PM by Howard Bashman


"Prosecution cuts charges to 14 in new Wecht trial": Yesterday in The Pittsburgh Post-Gazette, Paula Reed Ward had an article that begins, "Only 14 of the original 84 federal felony charges filed against former Allegheny County Coroner Dr. Cyril H. Wecht nearly three years ago remain, after prosecutors yesterday announced that they plan to dismiss 27 counts of theft of honest services."

And Jason Cato of The Pittsburgh Tribune-Review reported yesterday that "Wecht retrial may be moved to Erie."
Posted at 03:14 PM by Howard Bashman



In the current issue of The Harvard Law Record: The newspaper contains articles headlined:
"HLS loses sensitive data of 20,000 legal services center clients";

"Military commissions riddled with injustice, incompetence";

"Sunstein: Lack of ideological diversity leads to extremism"; and

"Last HLS president stole election, helped usher in Jim Crow."


Posted at 02:54 PM by Howard Bashman


"What sort of judicial legacy will Barack Obama seek to create?" Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 02:42 PM by Howard Bashman


"Voting for Reproductive Freedom": The New York Times today contains an editorial that begins, "Voters in three states did the right thing last week by defeating dangerous anti-abortion measures on their ballots."
Posted at 02:27 PM by Howard Bashman


"AG [of Massachusetts] to argue before Supreme Court on lab reports": The Associated Press provides a report that begins, "Attorney General Martha Coakley is preparing to argue before the US Supreme Court in a case to decide whether prosecutors can use crime lab reports as evidence without having the forensic analyst who prepared them testify."

At "SCOTUSblog," Lyle Denniston provides this preview of tomorrow afternoon's U.S. Supreme Court oral argument.
Posted at 12:40 PM by Howard Bashman



Does it remind you of the man who killed his parents and then pleaded for mercy because he was an orphan? Last Wednesday's issue of The Nevada Appeal contained an article headlined "Mack seeks to invalidate murdered wife's divorce agreement" that begins, "An attorney for Darren Mack told the Nevada Supreme Court on Tuesday his divorce settlement with his wife, whom he is convicted of killing, cannot be enforced because she died before it was finalized."

And last Wednesday's edition of The Reno Gazette-Journal reported that "Mack wants high court to void divorce deal with slain wife."
Posted at 12:30 PM by Howard Bashman



"'Ketchup' spot left its mark on voters deciding Supreme Court race": Friday's edition of The Charleston (W. Va.) Daily Mail contained an article that begins, "For the first time in history, a tomato-based condiment was the ticket to a seat on the state Supreme Court."

You can view the television ad by clicking here.
Posted at 12:25 PM by Howard Bashman



"U.S. Supreme Court still weighing mining appeal; Court would consider recusals of justices": This article appears today in The Sunday Gazette-Mail of Charleston, West Virginia.
Posted at 12:20 PM by Howard Bashman


"High Court May Consider Legality of Detention": Today in The Washington Post, Jerry Markon has an article that begins, "Ali Saleh Kahlah al-Marri was close to going on trial for fraud when prosecutors marched into an Illinois courtroom with a demand. Dismiss the charges, they said, because President Bush had just designated the defendant an enemy combatant."
Posted at 12:15 PM by Howard Bashman


Saturday, November 8, 2008

Editorials published today in The Los Angeles Times: The newspaper contains editorials entitled "Bono's curse: Bono swore on TV; the FCC wants to punish Fox; Now the Supreme Court gets to decide the issue" and "Due process and DNA in Alaska: The Supreme Court should side with a defendant who wants the right to DNA testing in his case."
Posted at 03:15 PM by Howard Bashman


"Vote Results Are Mixed on a Ban on Preference": The New York Times today contains an article that begins, "Tuesday's election results were mixed on the question of affirmative action, as ballot measures to end race- and gender-based preferences by public entities met different fates in Colorado and Nebraska."
Posted at 03:10 PM by Howard Bashman


"Citing Rising Workload, Public Lawyers Reject Cases": Sunday's edition of The New York Times will contain an article that begins, "Public defenders' offices in at least seven states are refusing to take on new cases or have sued to limit them, citing overwhelming workloads that they say undermine the constitutional right to counsel for the poor."
Posted at 02:40 PM by Howard Bashman


"Specter of gun regulation prompts sales; Democratic power brings fear of assault rifle ban": This article appears today in The News & Observer of Raleigh, North Carolina.
Posted at 01:32 PM by Howard Bashman


"Can Barack Obama undo Bush's tangled legal legacy?" Marisa Taylor and Michael Doyle of McClatchy Newspapers have this report.
Posted at 01:30 PM by Howard Bashman


"Guilty in courthouse rampage; Death penalty phase to start Monday": This article appears today in The Atlanta Journal-Constitution.

The New York Times reports today that "Man Guilty in Murders at Atlanta Courthouse."

The Los Angeles Times reports that "Atlanta man found guilty of murder in courtroom rampage; Jurors rejected Brian Nichols' claim of insanity for the 2005 shooting rampage that left four dead; Nichols faces the death sentence or life in prison."

And Monday's issue of the Fulton County Daily Report will contain an article headlined "Jury's Speed Seen as Bad Sign for Convicted Courtroom Shooter; Law professor calls 12-hour verdict for 54 counts 'great cause for concern' for defense lawyers."
Posted at 11:30 AM by Howard Bashman



"Name-Brand Drug Makers Ruled Liable for Injuries From Other Manufacturers' Generics": Mike McKee of The Recorder provides this report.

And today in The San Francisco Chronicle, Bob Egelko reports that "S.F. court revives suit vs. Wyeth over generic."

You can access yesterday's ruling of the California Court of Appeal for the First Appellate District, Division Three, at this link.

The defense-oriented bloggers at the "Drug and Device Law" blog offer their criticisms of the ruling in a post you can access here.
Posted at 11:28 AM by Howard Bashman



New writings possibly of interest to readers of this blog: In the October 2008 issue of the Duke Law Journal, Hannah L. Weiner has a note titled "The Next 'Great Dissenter'? How Clarence Thomas Is Using the Words and Principles of John Marshall Harlan to Craft a New Era of Civil Rights" (via "Concurring Opinions").

Law Professor Amy E. Sloan has posted online at SSRN an article titled "If You Can't Beat 'Em, Join 'Em: A Pragmatic Approach to Nonprecedential Opinions in the Federal Appellate Courts" (via "Legal Theory Blog").

Law Professors Joshua B. Fischman and David S. Law have posted online at SSRN an article titled "What Is Judicial Ideology, and How Should We Measure It?" (via "Legal Theory Blog").

And Law Professor Brian Z. Tamanaha has posted online at SSRN an article titled "The Distorting Slant of Quantitative Studies of Judging" (via "Legal Theory Blog").
Posted at 11:15 AM by Howard Bashman



"Federal judgeship openings await Obama": Mark Sherman of The Associated Press has a report that begins, "President-elect Obama will enter office with an immediate opportunity to begin shaping the federal courts by filling four dozen openings on trial and appeals courts."

I had this related post late on election night.
Posted at 10:50 AM by Howard Bashman



Friday, November 7, 2008

"Fla. law against civilians wearing military uniforms ruled too broad": Online today at the First Amendment Center, David L. Hudson Jr. has a report that begins, "A Florida law prohibiting people from wearing military uniforms unless they are military servicemembers violates the First Amendment because it bars a substantial amount of protected speech, a Florida appeals court has ruled."

And earlier this week, WFTV Orlando reported that "Charges Dropped For Man Who Wore Military Uniform At OIA."

You can access last Friday's ruling of Florida's Fifth District Court of Appeal at this link.
Posted at 08:37 PM by Howard Bashman



"Kyl issues warning to Obama on Supreme Court appointments": The Phoenix Business Journal has today posted online an article that begins, "Jon Kyl, the second-ranking Republican in the U.S. Senate, warned president-elect Barack Obama that he would filibuster U.S. Supreme Court appointments if those nominees were too liberal."

Elsewhere, the organization People For the American Way has today issued a news release entitled "Exit Polls Say Supreme Court Was a Winning Issue for Obama."
Posted at 05:24 PM by Howard Bashman



"Court to rule on arbitration case": This afternoon at "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court agreed on Friday to clarify who may appeal a federal judge's refusal to postpone a lawsuit until an arbitration of the underlying dispute goes forward."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 04:11 PM by Howard Bashman



"10th Circuit asked to block Terry Nichols deposition": The Associated Press provides this report.

And today's edition of The Salt Lake Tribune contains a newsbrief headlined "Oklahoma City bombing: FBI to appeal federal judge's order."
Posted at 04:00 PM by Howard Bashman



"Nichols found guilty in courthouse shootings; Jury still must decide if gunman is to be executed": The Altanta Journal-Constitution has a news update that begins, "A Fulton County jury found courthouse shooter Brian Nichols guilty of the March 11, 2005 murder of four people in a killing spree that rocked the Atlanta area and Georgia's judicial system and took more than three-and-a-half years to wind through the courts."

And The Associated Press reports that "Jury finds Atlanta courthouse gunman guilty."
Posted at 03:50 PM by Howard Bashman



"Ill. not required to issue 'Choose Life' plates": The Associated Press provides a report that begins, "A federal appeals court ruled Friday that the Illinois secretary of state's office does not have to issue specialty license plates bearing the slogan 'Choose Life' favored by anti-abortion forces. State officials are within their rights in trying to keep either viewpoint on the emotional issue of abortion off of Illinois license plates, the court said, reversing a January 2007 order from a lower court."

Circuit Judge Diane S. Sykes wrote today's opinion of the court for the U.S. Court of Appeals for the Seventh Circuit.

In January 2007, I had this post about the federal district court's ruling in the case. And in November 2007, I had this post about the Seventh Circuit's oral argument (10.1MB mp3 file) of the appeal.
Posted at 03:40 PM by Howard Bashman



"Ninth Circuit Reduces Punitive Damages Award; $60 Million Jury Award Reduced to $1.1 Million After Two Appeals": Curt Cutting has this post today at the "California Punitive Damages" blog.

You can access today's Ninth Circuit ruling, by a divided three-judge panel, at this link.
Posted at 03:24 PM by Howard Bashman



"US govt presses NY appeal on detainee photos": The Associated Press provides a report that begins, "The U.S. government has asked an appellate court to reconsider its decision ordering the release of 21 pictures of detainees in Iraq and Afghanistan."

On September 22, 2008, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling in the case.
Posted at 03:10 PM by Howard Bashman



"After the Imperial Presidency": This article will appear in this Sunday's issue of The New York Times Magazine.
Posted at 03:05 PM by Howard Bashman


"Porn Prosecutors Seek Recusal of Entire 9th Circuit": Today in The Daily Journal of California, John Roemer has an interesting front page article that begins, "Federal prosecutors have written to all 50 judges on the 9th U.S. Circuit Court of Appeals, asking them to consider recusing themselves from hearing accused pornographer Ira Isaacs' appeal. The rare move is further fallout from the disclosure in June that Chief Judge Alex Kozinski's Web site contained sexually explicit images."

If I can obtain electronic copies of the parties' Ninth Circuit filings on the recusal issue, I will post them online.
Posted at 12:58 PM by Howard Bashman



"On Concerns Over Gun Control, Gun Sales Are Up": Today's edition of The New York Times contains an article that begins, "Sales of handguns, rifles and ammunition have surged in the last week, according to gun store owners around the nation who describe a wave of buyers concerned that an Obama administration will curtail their right to bear arms."
Posted at 10:37 AM by Howard Bashman


"Doctor: Joyce 'obsessed' about health." The Erie (Pa.) Times-News today contains this article about the federal criminal fraud trial involving former Pennsylvania Superior Court Judge Michael T. Joyce.
Posted at 10:34 AM by Howard Bashman


"Nichols jurors to reconvene today; Deliberations continue: Panel has three options as it considers the defendant's state of mind on March 2005, when four people were killed." This article appears today in The Atlanta Journal-Constitution.
Posted at 10:27 AM by Howard Bashman


"Justices stay out of Long Branch eminent domain case": The Newark (N.J.) Star-Ledger today contains an article that begins, "The state Supreme Court has declined to hear the spat between a group of Long Branch homeown ers and the city over its use of eminent domain for a massive oceanfront redevelopment project, dashing hopes for greater clarification of the bitterly contested land use policy."
Posted at 08:42 AM by Howard Bashman


The Harvard Crimson is reporting: Today's newspaper contains articles headlined "Law School Loses Backup Tape Containing Client Info" and "Harvard Wins Suit Against Filipino Jeans Company."
Posted at 08:40 AM by Howard Bashman


"Judge Opens First Habeas Corpus Hearing on Guantanamo Detainees": This article appears today in The New York Times.

And The Boston Globe reports today that "Trial for 6 Algerian Guantanamo Bay detainees begins."
Posted at 08:30 AM by Howard Bashman



"The FDA's risky prescription": The Boston Globe today contains an editorial that begins, "For years, pharmaceutical companies have asked Congress to pass a law protecting them from liability lawsuits for drugs that have been approved by the US Food and Drug Administration. Members of Congress, knowing only too well the fallibility of the FDA in approving drugs and monitoring their safety after approval, have rightly refused."

And The New York Times today contains an editorial entitled "The Court Confronts a Grievous Injury."
Posted at 08:20 AM by Howard Bashman



"New solicitor general on Obama to-do list; Post is administration's face at Supreme Court": Joan Biskupic has this article today in USA Today.
Posted at 08:14 AM by Howard Bashman


"Dems now have 57 Senate seats as Oregon's Smith falls": David Goldstein of McClatchy Newspapers has an article that begins, "Democrats added another Senate seat Thursday when they squeaked out a victory in Oregon, leaving only three contests undecided."

And The Oregonian today contains articles headlined "Merkley ready for Senate race victory lap" and "Smith defeated by a two-year takedown effort."
Posted at 08:11 AM by Howard Bashman



"Fla. High Court to Decide if Smokers Must Find Safer Cigarette for Damages": law.com provides this report.

And The Associated Press reports that "Cigarette case may affect other products."
Posted at 08:05 AM by Howard Bashman



Thursday, November 6, 2008

"Doctor convicted of killing family loses another appeal": The News & Observer of Raleigh, North Carolina provides a news update that begins, "Jeffrey MacDonald, the 'Fatal Vision' military doctor convicted of murdering his wife and children at Fort Bragg 38 years ago, lost yet another courthouse battle this week when a federal judge dismissed his most recent appeal."

I have posted online at this link Tuesday's ruling of the U.S. District Court for the Eastern District of North Carolina.
Posted at 10:04 PM by Howard Bashman



"Fighting Over Voter-Approved Ban on Gay Marriage Puts Squeeze on California's Chief Justice; Meanwhile, legal observers are split on the validity of same-sex marriages performed prior to the passage of state proposition": law.com has this report.
Posted at 08:55 PM by Howard Bashman


"Court: Payday lending law violated constitution." The Associated Press provides a report that begins, "A 1999 state law allowing so-called payday lenders to charge high fees for short-term loans violates the state constitution, the Arkansas Supreme Court ruled Thursday."

You can access today's ruling of the Supreme Court of Arkansas at this link.
Posted at 08:24 PM by Howard Bashman



"Witnesses criticize agents in Joyce case": This article appears today in The Erie (Pa.) Times-News. And later today, the newspaper posted online an update headlined "Joyce trial in recess until Monday."
Posted at 06:00 PM by Howard Bashman


"Nichols jury begins deliberation": The Atlanta Journal-Constitution provides a news update that begins, "Twelve jurors began Thursday trying to decide whether Brian Nichols is insane, mentally ill or simply a cold-blooded murderer. The 36-year-old Nichols has confessed to killing four people during an escape from custody at the Fulton County courthouse in 2005."
Posted at 05:55 PM by Howard Bashman


"Shape of Chamber Hangs in Balance; Outcomes of Four Tight Races Could Take Up to a Month to Determine": The Washington Post today contains an article that begins, "The final shape of the new Senate lingered in doubt yesterday with a runoff likely in Georgia, recounts pending in Minnesota and possibly Oregon, and uncertainty over whether the longest-serving Republican senator in U.S. history had held on to his Alaska seat barely a week after being convicted on corruption charges."
Posted at 08:47 AM by Howard Bashman


"Bans in 3 States on Gay Marriage": This article appears today in The New York Times, along with an editorial entitled "Equality's Winding Path."

The Los Angeles Times today contains articles headlined "Backers focused Prop. 8 battle beyond marriage; Opponents of gay marriage shrewdly targeted the implications for schools, churches and children, analysts say" and "Gay rights backers file 3 lawsuits challenging Prop. 8; Lawyers for same-sex couples argue that the anti-gay marriage measure is an illegal constitutional revision; Backers of the measure attack the suits." In addition, the newspaper contains an editorial entitled "After Prop. 8: The road to equal rights may be long, but Obama's victory proves that change can come," and John Corvino has an op-ed entitled "Gay marriage isn't over; The passage of Prop. 8 is only a temporary setback."

The Washington Post reports that "California Voters Narrowly Approve Same-Sex Marriage Ban; Limits on Abortion Rejected in Colorado And South Dakota."

The Wall Street Journal reports that "California Set to Join Trend of Banning Gay Marriage." The newspaper also contains an editorial entitled "Voters and Marriage: The people have spoken -- again."

USA Today reports that "California same-sex marriage ban faces three lawsuits."

And The Harvard Crimson reports that "California Gay Marriage Ban Inflames Students."
Posted at 08:40 AM by Howard Bashman



"Federal judge wants his polygraph used in Houston trial": Last Friday in The Houston Chronicle, Mary Flood had an article that begins, "U.S. District Judge Samuel Kent is asking that the results of two polygraph tests he passed be presented to the jury that will decide whether he is guilty of federal charges of sexually abusing an employee."
Posted at 08:30 AM by Howard Bashman


"First Female Solicitor General? Could Happen In Obama's Administration." Rachel Breitman has this post today at "The Am Law Daily" blog.
Posted at 08:27 AM by Howard Bashman


"Court Hears Asylum Case of Ex-Guard From Eritrea": Adam Liptak has this article today in The New York Times.
Posted at 08:23 AM by Howard Bashman


"Lawyers Will Be Lawyers, Dumping More on Juries Than They Can Process": Leslie Eaton and Amir Efrati have this article today in The Wall Street Journal.
Posted at 08:20 AM by Howard Bashman


"Difficult Choices Await New President On Guantanamo, Intelligence Policies": Jess Bravin and Siobhan Gorman have this article today in The Wall Street Journal.
Posted at 08:14 AM by Howard Bashman


"School Board, Frederick reach settlement in 'Bong Hits' case; Agreement includes a $45,000 payment to former student": This article appeared yesterday in The Juneau Empire.

And The Associated Press reports that "Settlement brings end to Juneau's Bong Hits case."

Thanks to the author of the "Sheridan: Con-Law" blog for the pointer.
Posted at 08:10 AM by Howard Bashman



In news from Harvard Law School: The Boston Globe today contains an article headlined "Clients' data missing, Harvard Law warns; Computer backup lost during transit" that begins, "Harvard Law School is alerting thousands of clients from a legal services clinic after a computer tape containing their Social Security numbers, addresses, and financial information was lost in September."

The Harvard Crimson reports today that "Nesson, Harvard Law Professor, Sues RIAA." The article begins, "A Harvard Law School professor filed a counterclaim last Friday against the Recording Industry Association of America that challenges the constitutionality of the RIAA's efforts against those caught downloading music from file-sharing services."

And a news release from the law school headlined "Will the Supreme Court be transformed in the next four years?" links to this video (RealPlayer required) of a panel discussion that was "moderated by Dean Elena Kagan '86, [and] included professors David Barron '94, Charles Fried, Cass Sunstein '78, Laurence Tribe '66 and New Yorker staff writer and CNN senior legal analyst Jeffrey Toobin '86."
Posted at 08:02 AM by Howard Bashman



"San Francisco Court Puts Kozinski Complaint on Hold": Cynthia Cotts of Bloomberg News has an article that begins, "An ethics committee of the federal appeals court in San Francisco issued an order to stop an investigation of a lawyer's complaint alleging misconduct by Alex Kozinski, the court's chief judge. Cyrus Sanai, a Los Angeles attorney, accused Kozinski of putting pornography on a public Web site and revived allegations that the judge broke into a computer security system in 2001 and disabled porn-detecting software."

You can access Monday's order of the Judicial Council of the Ninth Circuit at this link.
Posted at 07:40 AM by Howard Bashman



Wednesday, November 5, 2008

"Bush Got a Conservative High Court, With Caveats": law.com's Tony Mauro has this report.
Posted at 11:40 PM by Howard Bashman


"Although I have been on the short end of en banc votes before, this is the first time in sixteen years on the bench that I have written, or even joined, a dissent from the denial of rehearing en banc." So begins a dissent from the denial of rehearing en banc that Eleventh Circuit Judge Ed Carnes issued today.

The balance of that dissent is expressly devoted to explaining why the case presents a strong candidate for U.S. Supreme Court review on the question whether "Under the federal fee-shifting statutes can a reasonable attorney's fee be enhanced based on extraordinary effort or results where some evidence and findings support the enhancement, or are all of the factors that lead to the quality of the performance and the results obtained already covered in the lodestar calculation, as the opinions in Delaware Valley and Dague imply?"

My earlier coverage of the three-judge panel's ruling in this case can be accessed here.
Posted at 11:30 PM by Howard Bashman



"Nichols prosecutor's closing words: 'He is vicious'; Defendant was not delusional, district attorney says." The Atlanta Journal-Constitution has a news update that begins, "Prosecutors ended the Brian Nichols case like they started -- by playing a blood-curdling recording Wednesday of two loud gunshots and the shrieks of a woman who saw Nichols kill a judge and a stenographer in a Fulton County courtroom."

And Greg Land of the Fulton County Daily Report has an article headlined "Lawyers Make Closing Arguments in Courthouse Shooting Case."
Posted at 11:12 PM by Howard Bashman



"Defense starts in Joyce case; Ex-law clerk, secretary say 2001 accident affected boss": This article appears today in The Erie (Pa.) Times-News.
Posted at 11:05 PM by Howard Bashman


"Justices question doctrines at heart of union-fees case": Tony Mauro has this news analysis online at the First Amendment Center.

You can access Monday's transcript of the U.S. Supreme Court's oral argument in Ysursa v. Pocatello Ed. Assn., No. 07-869, at this link.
Posted at 10:30 PM by Howard Bashman



"Same-sex marriage issue heading back to state Supreme Court": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A day after California voters approved a state constitutional ban on same-sex marriage, the incendiary issue returned to the state Supreme Court, where gay and lesbian couples and the city of San Francisco filed lawsuits Wednesday seeking to overturn Proposition 8."

And in The Los Angeles Times, Maura Dolan and Tami Abdollah have a news update headlined "Gay rights backers file 3 lawsuits challenging Prop. 8; Lawyers for same-sex couples argue that the anti-gay marriage measure is an illegal constitutional revision; Backers of the measure attack the suits."
Posted at 10:22 PM by Howard Bashman



"Dewey Lawyer, Ex-AG Optimistic After His Day Before U.S. Supreme Court": At "The Am Law Daily" blog, Zach Lowe has a post that begins, "John Van De Kamp, a former Los Angeles district attorney and state Attorney General of California, walked into the U.S. Supreme Court today hoping the justices would grant him absolute immunity from a lawsuit brought by a man wrongly convicted of murder under his watch."

You can access today's transcript of oral argument in Van de Kamp v. Goldstein, No. 07-854, at this link.

Yesterday, I linked here to Lawrence Hurley's preview of the oral argument published on Monday of this week in The Daily Journal of California.
Posted at 08:30 PM by Howard Bashman



"Left at the Altar: What happens now to gay marriage, in California and elsewhere?" Kenji Yoshino has this jurisprudence essay online at Slate.
Posted at 08:22 PM by Howard Bashman


"Hathaway unseats Chief Justice Taylor": The Detroit Free Press today contains an article that begins, "Diane Hathaway sprung a stunning upset Tuesday of Clifford Taylor, the conservative chief justice of the Michigan Supreme Court who was the target of a scathing advertising campaign from Democrats."

And The Detroit News reports today that "Chief justice concedes defeat."
Posted at 03:05 PM by Howard Bashman



"Appeals Court Rules Against Diversity in Defense Contracts": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 02:57 PM by Howard Bashman



Ninth Circuit holds that California's maintenance of a database of known or suspected child abusers violates due process because identified individuals are not given a fair opportunity to challenge the allegations against them: You can access today's ruling, by a unanimous three-judge panel, at this link.
Posted at 02:50 PM by Howard Bashman


Ninth Circuit rejects Los Angeles-based strip club's trademark infringement claim against the producer of a video game in the "Grand Theft Auto" series: You can access today's often humorous ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:45 PM by Howard Bashman


"Obama Wins Mandate on the Courts": Kathryn Kolbert, president of the organization People For the American Way, issued this statement today.
Posted at 01:55 PM by Howard Bashman


"Same-sex marriage ban wins": The San Francisco Chronicle provides a news update that begins, "After a heated, divisive campaign, fueled by a record $73 million of spending, California voters backed Proposition 8, which would change the state Constitution to ban same-sex marriage. With 96 percent of the vote counted, the measure was winning by a decisive 400,000-vote margin, 52.2 percent to 47.8 percent."

The Los Angeles Times has a news update headlined "California voters approve Proposition 8 ban on same-sex marriages; The measure was the most divisive on the state ballot; Its passage throws into doubt the unions of thousands of recently wed couples."

The San Jose Mercury News has an update headlined "California voters approve constitutional ban on same-sex marriage, opponents refuse to concede defeat."

And The Associated Press reports that "California voters approve gay-marriage ban."
Posted at 01:54 PM by Howard Bashman



"Obama, Democratic-Run U.S. Senate Poised to Reshape Judiciary": Greg Stohr of Bloomberg News provides this report.
Posted at 12:33 PM by Howard Bashman


"Obama, The Supreme Court And DOJ": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 12:28 PM by Howard Bashman


"Abortion ban rejection might leave supporters with nowhere to go": The Argus-Leader of Sioux Falls, South Dakota today contains an article that begins, "For the second election in a row, South Dakota voters rejected by a double-digit margin an attempt to ban abortion in the state. The margin for Initiated Measure 11 -- a proposed law to criminalize abortion unless done in cases of rape or pregnancy or to safe the life or health of a woman -- was 55-45 with 736 of 799 precincts reported early Wednesday."

The Denver Post reports today that "'Personhood' push rejected; The amendment called for full legal rights from the point of conception; Foes saw a Pandora's box"

The Rocky Mountain News reports that "Voters reject Amendment 48 'personhood' issue."

The San Francisco Chronicle reports that "Prop. 4, abortion notification, losing."

And The Los Angeles Times reports that "Ballot initiatives to curtail abortions defeated; South Dakota's Measure 11, aimed at triggering a Supreme Court showdown on Roe vs. Wade, is losing soundly; Bans on gay marriage appear headed for passage."
Posted at 09:07 AM by Howard Bashman



"Gay marriage ban leading; Possible passage of Prop.8 throws thousands of same-sex unions into doubt": This article appears today in The Los Angeles Times.

The San Francisco Chronicle reports today that "Voters backing same-sex marriage ban."

The Miami Herald reports that "Amendment banning same-sex marriage in Florida passes."

The Arizona Republic reports that "Voters approve proposal to ban gay marriage."

And USA Today reports that "Bans on gay marriage gain ground."
Posted at 08:48 AM by Howard Bashman



"Supreme Court Takes Up Case of Use of Profanity on TV": Jerry Markon has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that "High court conservatives favor indecency rule; U.S. Solicitor General says the strict regulation of broadcast TV preserves a 'safety zone' for families with children."

In USA Today, Joan Biskupic reports that "Justices hear FCC obscenity case; Offer few clues to how they'll rule."

In The Wall Street Journal, Jess Bravin reports that "Justices Appear Split Over Impact of TV Vulgarity."

And law.com's Tony Mauro reports that "Supreme Court Justices Debate the 'F-Bomb.'"
Posted at 08:38 AM by Howard Bashman



After yesterday's voting, the balance of power in the U.S. Senate stands at 56 Democrats and 40 Republicans, with four seats undecided: The States with undecided seats are Alaska, Georgia, Minnesota, and Oregon. The Republican candidate currently has a narrow lead in all four states, with the narrowest lead in Minnesota, where Al Franken is trailing by only 662 votes with 99% of the precincts reporting, according to CNN. You can view more datails from CNN.com at this link.

The composition of the U.S. Senate is, of course, relevant to the question of federal judicial confirmations, and sixty votes are needed to have a filibuster-proof majority.

In related news coverage, The New York Times reports today that "Democrats Widen Senate Edge to Solid Majority."
Posted at 08:14 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined
"California gay marriage vote still undecided";

"Florida voters pass amendment banning gay marriage";

"South Dakotans reject second try at abortion ban";

"Colo. voters soundly defeat anti-abortion measure";

"Ark. voters OK unmarried foster, adoption bans"; and

"Neb. voters approve ban on affirmative action."


Posted at 07:35 AM by Howard Bashman


Tuesday, November 4, 2008

"Justices Ponder TV's 'Fleeting Expletives'": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 11:37 PM by Howard Bashman


"Shit Doesn't Happen: The Supreme Court's 100 percent dirt-free exploration of potty words." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 11:35 PM by Howard Bashman


A look at the current and future federal appellate court vacancies that President-elect Obama will now be able to fill: A list of the current vacancies can be accessed here, while a list of the anticipated future vacancies can be accessed here.
Posted at 11:28 PM by Howard Bashman


"Former L.A. District Attorney Goes to High Court to Protect Immunity for Supervisors": Lawrence Hurley of The Daily Journal of California had this front page article yesterday previewing tomorrow's U.S. Supreme Court oral argument in Van de Kamp v. Goldstein, No. 07-854.
Posted at 08:32 PM by Howard Bashman


"Denied US asylum, an Eritrean prison guard appeals to high court; He says he was forced to stand guard as others were tortured and killed": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 08:04 PM by Howard Bashman


"Supreme Court Hears FCC Profanity Case": Jerry Markon of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "U.S. Supreme Court hears case on broadcast indecency; The justices discuss -- without uttering -- the sorts of words at issue in a challenge to the Federal Communications Commission's crackdown on broadcast expletives."

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court debates 'F-word' without using it."
Posted at 06:25 PM by Howard Bashman



"Top court considers television dirty words case": James Vicini of Reuters provides this report.

And Greg Stohr of Bloomberg News reports that "Profanity Divides Justices in U.S. Broadcasting Case."
Posted at 06:20 PM by Howard Bashman



"Dirty Words Hit Supreme Court": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:27 PM by Howard Bashman


Who says you can't argue "fleeting expletives" appeal without uttering any fleeting expletives? Mark Sherman of The Associated Press provides a report headlined "Court wrestles with TV profanity case" that begins, "A divided Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any."

And at "SCOTUSblog," Lyle Denniston has a post titled "Prudence prevailed, but the news stops there."

Apparently Carter G. Phillips's pretense for delivering a profanity-laden oral argument when this very same appeal was argued before the Second Circuit was simply a load of cr*p.

Update: You can access the transcript of today's U.S. Supreme Court oral argument in the "fleeting expletives" case by clicking here.
Posted at 02:15 PM by Howard Bashman



Federal Circuit declares unconstitutional federal law setting goal that five percent of federal defense contracting dollars be awarded to small business concerns owned and controlled by "socially and economically disadvantaged individuals": You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

The final paragraph of today's opinion begins, "For the foregoing reasons, we hold that Section 1207, on its face, as reenacted in 2006, violates the equal protection component of the Fifth Amendment right to due process. Because the statute authorizes DOD to afford preferential treatment on the basis of race, we must apply strict scrutiny. And because Congress did not have a 'strong basis in evidence' upon which to conclude that DOD was a passive participant in pervasive, nationwide racial discrimination--at least not on the evidence produced by DOD and relied on by the district court in this case--the statute fails strict scrutiny."
Posted at 12:07 PM by Howard Bashman



D.C. Circuit affirms dismissal of First Amendment challenge to Treasury regulations that tightened restrictions on Cuba-based study programs: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

The two concurring opinions that accompany the ruling address whether a challenge based on a so-called right of "academic freedom" might have produced a different result.
Posted at 11:54 AM by Howard Bashman



"Tax cases could bring Mass. $1b; Courts poised to rule on where corporations pay": This article appears today in The Boston Globe.

According to the article, the cases "are being closely watched around the country, as other states seek to curb strategies that companies use to lower tax bills. Some of the biggest names in corporate America are fighting Massachusetts on this front: Microsoft Corp., Comcast Corp., and Home Depot Inc., among other firms."
Posted at 11:44 AM by Howard Bashman



In news from Harvard Law: The Harvard Crimson reports today that "Tribe Recalls Obama At HLS."

And the current issue of The Harvard Law Record contains an article headlined "Justice O'Connor: affirmative action should continue."
Posted at 11:00 AM by Howard Bashman



"Quick ruling sought on claim; Erie Insurance lawyer testifies in Joyce case": The Erie (Pa.) Times-News today contains an article that begins, "Erie Insurance Group fast-tracked then-Superior Court Judge Michael T. Joyce's underinsured motorist claim in 2002 so that the company would not lose the benefit of his rulings on one of the state's highest courts."
Posted at 10:50 AM by Howard Bashman


"The Court and 'Fleeting Expletives'": The New York Times contains this editorial today.

And The Washington Post today contains an editorial entitled "You Can't Say That on Television: The FCC's edict on expletives reaches the Supreme Court."
Posted at 10:47 AM by Howard Bashman



"Supreme Court will rule on rights to DNA testing; The justices will decide whether the constitution empowers inmates to obtain testing of old evidence that might free them; The case is from Alaska, one of six states that do not give that right": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:40 AM by Howard Bashman


"Bin Laden cohort defiant after getting life sentence; A military jury convicted Osama bin Laden's media secretary of three war crimes charges then condemned the terrorist to serve life in prison; he responded with defiance": Carol Rosenberg has this article today in The Miami Herald.

The New York Times reports today that "Detainee Convicted on Terrorism Charges."

And The Washington Post reports that "Guantanamo Jury Sentences Bin Laden Aide to Life Term."
Posted at 10:27 AM by Howard Bashman



"Justices Weigh Effect of F.D.A. Approval of Drug Labels on Suits in State Courts": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Jerry Markon reports that "High Court Case Looms Large for Drugmakers."

David G. Savage of The Los Angeles Times reports that "Supreme Court weighs lawsuits against drug makers; In Wyeth vs. Levine, the justices appear closely split on whether to uphold the Bush administration's policy that shields companies if the FDA has approved warning labels."

In The Wall Street Journal, Jess Bravin reports that "Justices Stake Out Middle Ground in Wyeth Case." The newspaper also contains an editorial entitled "Legal Side Effects: Can companies be sued even if they follow FDA instructions?"

In USA Today, Joan Biskupic and Julie Appleby report that "Drugmakers' lawsuit immunity tested; Court reviews strength of FDA label in amputee case."

And Michael Doyle of McClatchy Newspapers reports that "Businesses have much at stake in drug suit's outcome."
Posted at 10:17 AM by Howard Bashman



"Singapore says WSJ wages two-decade judicial attack": Reuters provides a report that begins, "Singapore's attorney general accused the Wall Street Journal on Tuesday of waging a two-decade campaign to besmirch the Singapore judiciary, at the start of a contempt of court case brought against the newspaper."
Posted at 10:12 AM by Howard Bashman


"High Court To Revisit Issue Of Vulgar Speech On Air": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:54 AM by Howard Bashman


"Indian land case goes before Supreme Court": The Providence (R.I.) Journal today contains an article that begins, "The Narragansett Indians are entitled to a special trust status that would free 31 acres of tribal land from Rhode Island laws and taxes, a federal lawyer told the U.S. Supreme Court yesterday, but several justices greeted the argument with skeptical questioning."
Posted at 09:50 AM by Howard Bashman


Caution -- the f-word and/or the s-word may appear here at "How Appealing" before the day's end: And I'm not just talking about Chase Utley.

As Mark Sherman of The Associated Press reports, "Supreme Court takes up TV profanity case."
Posted at 09:40 AM by Howard Bashman



Monday, November 3, 2008

Available online from law.com: Tony Mauro reports that "High Court Appears Torn Over Drug Labeling Case."

And Amaris Elliott-Engel of The Legal Intelligencer has an article headlined "Pa. Judge Denies Another Breast Cancer-HRT Claim" in which I am quoted.
Posted at 11:27 PM by Howard Bashman



"Justices Agree to Consider DNA Case": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 11:25 PM by Howard Bashman


"Next President Will Face Test on Detainees": This article appears today in The New York Times.
Posted at 11:23 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Court Weighs Reach Of Drug Warning Labels" (featuring Nina Totenberg) and "As Court Weighs 'F' Word Case, Context Examined."

And today's broadcast of "Morning Edition" contained an audio segment entitled "Supreme Court Hears Case Involving Drug Labels" (featuring Nina Totenberg).

RealPlayer is required to launch these audio segments.
Posted at 11:17 PM by Howard Bashman



"Don't Read His Lips -- You Might Be Offended; The Supreme Court Hears a Challenge to the FCC's Crackdown on 'Fleeting Expletives'; Says Bono, 'I Genuinely Blew It'": Jess Bravin and Amy Schatz will have this article Tuesday in The Wall Street Journal.
Posted at 10:55 PM by Howard Bashman


"Lawyers Aim to Roll Back Curbs on Lawsuits": The Wall Street Journal today contains an article that begins, "Plaintiff and consumer groups, buoyed by prospects of a Democratic president and expanded Democratic majority in Congress, are preparing a big push for legislation that would roll back limitations on personal-injury and class-action lawsuits."
Posted at 10:50 PM by Howard Bashman


"Supreme Court considers FCC's rein on foul words; The federal crackdown on the rising use of expletives on TV has sparked free-speech concerns": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 10:00 PM by Howard Bashman


"Label Conscious: The Supreme Court gets positively passionate about pre-emption." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 09:58 PM by Howard Bashman


"DNA Testing Will Get Scrutiny by U.S. Supreme Court": Greg Stohr of Bloomberg News provides this report.

The Associated Press reports that "Court to decide on convict's right to test DNA."

At "SCOTUSblog," Lyle Denniston has a post titled "Court grants two cases."

And in other coverage of today's Order List of the U.S. Supreme Court, The AP reports that "Court leaves NC campaign finance law untouched" and "Court won't review Golden Venture smuggling case."
Posted at 08:20 PM by Howard Bashman



"The supreme opportunity": Today in The Chicago Tribune, James Oliphant has an article that begins, "The direction of the Supreme Court could shift significantly depending on whether John McCain or Barack Obama is elected president."
Posted at 08:10 PM by Howard Bashman


"Supreme Court hears American Indian land case": The Associated Press provides this report.

The Providence (R.I.) Journal's news blog has a post titled "Tribal land case arguments ask: What does 'now' mean?"

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Ted Olson Earns His Keep."

You can access today's transcript of the U.S. Supreme Court's oral argument in Carcieri v. Kempthorne, No. 07-526, at this link.
Posted at 07:48 PM by Howard Bashman



Carol Rosenberg of The Miami Herald is reporting: She has news updates headlined "Military jury sentences bin Laden video-maker to life in prison; A military jury convicted Osama bin Laden's media secretary of three war crimes charges then ordered the terrorist to serve life in prison; he responded with defiance" and "Al Qaeda media man wouldn't phone home; The second-ever convict at the war crimes court spurned a phone call home as his terror trial reached a climax on Monday."
Posted at 07:40 PM by Howard Bashman


"Supreme Court considers the reach of drug warning labels; The justices sound closely split as they hear arguments on whether product liability lawsuits should be allowed if a federal agency such as the FDA regulates the product": David G. Savage of The Los Angeles Times provides this news update.

Jerry Markon of The Washington Post has a news update headlined "Supreme Court Hears Pharmaceutical Case."

In Tuesday's edition of The Christian Science Monitor, Warren Richey will have an article headlined "Supreme Court takes up drug warning labels; The case pits a Vermont musician who lost a limb against a pharmaceutical giant."

Mark Sherman of The Associated Press reports that "Court weighs amputee's case; limits on drug suits."

And Reuters reports that "Top court weighs drugmaker liability for harm."

You can access today's oral argument transcript in Wyeth v. Levine, No. 06-1249, by clicking here.
Posted at 04:35 PM by Howard Bashman



"FCC v. Fox draws intense interest": Tony Mauro has this analysis online at the First Amendment Center.
Posted at 04:32 PM by Howard Bashman


Programming note: I'll be attending a private (not court-sponsored) mediation this morning in Philadelphia of a case in which my clients have already won on appeal. Additional posts will appear here later today.
Posted at 06:40 AM by Howard Bashman


Sunday, November 2, 2008

"Retiring judge left his mark": This article about Justice John M. Greaney of the Supreme Judicial Court of Massachusetts appears today in The Republican of Springfield, Massachusetts.
Posted at 07:05 PM by Howard Bashman


"Politics weighs heavy in contest for top state court seat": The Detroit Free Press contains this article today.
Posted at 07:04 PM by Howard Bashman


"High court to revisit broadcast profanity": This article appears today in The Washington Times.
Posted at 07:02 PM by Howard Bashman


"Federal appeals court sides with Westboro Baptist Church on picketing funerals": Yesterday's edition of The Kansas City Star contained an article that begins, "An appeals court reaffirmed Friday that a Kansas church can picket soldiers' funerals while a lower court determines the constitutionality of Missouri's laws banning such protests."

And The Associated Press provides a report headlined "Court: Missouri cannot enforce picketing law."

You can access Friday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 05:17 PM by Howard Bashman



"Supreme Court weighs drug lawsuits": This article appears today in The San Francisco Chronicle.

And today's edition of The Philadelphia Inquirer contains an article headlined "When can a drug consumer sue? The principle of 'preemption' could strengthen FDA."
Posted at 04:33 PM by Howard Bashman



"Supreme Court hears case over American Indian land": The Associated Press provides this report.
Posted at 04:30 PM by Howard Bashman


"Cases Against Detainees Have Thinned; Algerians' Habeas Corpus Hearings Will Begin With Fewer and Lesser Charges": This article appears today in The Washington Post.
Posted at 12:20 AM by Howard Bashman


"Charlestown lawyer bows out of high court arguments": Yesterday's edition of The Providence (R.I.) Journal contained an article that begins, "To the growing dismay of the governor and the attorney general, Joseph S. Larisa Jr. refused for 2½ months to budge from his position that he should be the one to argue a Narragansett Indian land case before the U. S. Supreme Court. Yesterday, facing an ultimatum from the court, Larisa gave up, with just minutes to spare."

And today's newspaper reports that "Rhode Island's advocate before high court is seasoned."
Posted at 12:17 AM by Howard Bashman



"Legislators Using Law As Shield In Probes; Clause Complicates Congressional Cases": This front page article appeared Saturday in The Washington Post.
Posted at 12:10 AM by Howard Bashman


Saturday, November 1, 2008

"Justices Greet Diva: It's Ardor in the Court ." The New York Times today contains an article that begins, "Justice Antonin Scalia has a reputation as an intimidating jurist who poses withering questions during arguments before the Supreme Court. But on Friday afternoon, when the soprano Leontyne Price entered the West Conference Room at the Court to attend an honorary luncheon hosted by the National Endowment for the Arts, Justice Scalia, an avid opera fan, visibly melted."
Posted at 11:54 PM by Howard Bashman


"Must It Always Be About Sex?" Adam Liptak will have this article Sunday in the Week in Review section of The New York Times.
Posted at 11:48 PM by Howard Bashman


"Justices Might Take DNA Evidence Case; Convict Seeks New Tests That He Thinks Could Exonerate Him in Homicide": Jerry Markon will have this article Sunday in The Washington Post.
Posted at 11:45 PM by Howard Bashman


"Drugmakers seek lawsuit limits at top US court": Reuters provides this report.

And Michael Doyle of McClatchy Newspapers has an article headlined "Supreme Court considers: Can states enhance federal rules?"
Posted at 10:04 AM by Howard Bashman



"Judge Allen ethics drama ready for showdown as Florida Supreme Court sets date to hear arguments": Yesterday's edition of The Tallahassee Democrat contained an article that begins, "The Florida Supreme Court will hear oral arguments in the ethics case of 1st District Court of Appeal Judge Michael E. Allen. The decision sets a Dec. 2 showdown in a drama that's gone on for four years at Tallahassee's 1st DCA."
Posted at 10:00 AM by Howard Bashman


"Supreme Court arguments will focus on naughty words": Michael Doyle of McClatchy Newspapers has this report.
Posted at 09:52 AM by Howard Bashman






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