How Appealing


Friday, April 3, 2009

"Iowa's gay marriage ruling today": The Des Moines Register today contains an article that begins, "Social conservatives and gay rights supporters are braced for a landmark Iowa Supreme Court decision that could strengthen the state's decade-old marriage law or allow same-sex couples to wed."

When the Supreme Court of Iowa posts the ruling online this morning, you should be able to access the decision via this link.
Posted at 07:58 AM by Howard Bashman




Thursday, April 2, 2009

"Fed. judge says courts can handle Gitmo cases": The Associated Press has a report that begins, "A federal judge who presided over the trial of a 9/11 conspirator said Thursday that civilian courts are capable of handling the cases of Guantanamo Bay detainees."
Posted at 05:45 PM by Howard Bashman




Thursday, April 2, 2009

"Underneath Their Robes is back online": So emails one of my readers, citing this blog post published today.
Posted at 05:41 PM by Howard Bashman




Thursday, April 2, 2009

"Justice Thomas on Rights, Law School, and Tough Cases": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:20 PM by Howard Bashman




Thursday, April 2, 2009

Pardon me, Governor: Should federal courts be able to set timetables for action on clemency petitions by state governors? "No" is the answer that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit supplied today.

That court's opinion, written by Circuit Judge Richard A. Posner, concludes: "Federal courts have run prisons, school systems, police and fire departments, and other state and local agencies found to have engaged in unconstitutional conduct. But for a federal court to run a governor's pardon system would be a step too far."
Posted at 01:55 PM by Howard Bashman




Thursday, April 2, 2009

"Iowa Supreme Court ruling on gay marriage set for release Friday": The Des Moines Register has a news update that begins, "A long awaited and significant Iowa Supreme Court case ruling on same-sex marriage will be released tomorrow, likely at 8:30 a.m. The case, Varnum vs. Brien, involves six same-sex Iowa couples who sued Polk County Recorder Timothy Brien in 2005, after his office denied them marriage licenses. Polk County District Judge Robert Hanson sided with the couples in a ruling last year, but he suspended his decision until the high court speaks."

And The Associated Press reports that "Iowa Supreme Court to release gay marriage ruling."

When the Supreme Court of Iowa posts the ruling online tomorrow, you should be able to access the decision via this link.
Posted at 01:50 PM by Howard Bashman




Thursday, April 2, 2009

"Little Rock school desegregation order upheld": The Associated Press has a report that begins, "A federal appeals court on Thursday upheld a judge's ruling that the Little Rock School District has met terms of a long-standing desegregation order."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

My earlier coverage of the federal district court ruling that the Eighth Circuit affirmed today can be accessed at this link.
Posted at 01:45 PM by Howard Bashman




Thursday, April 2, 2009

"Judge: Afghanistan Prisoners Can Challenge Detention in U.S. Courts." The Washington Post has this news update.

And The Associated Press has a report headlined "Judge: Bagram prisoners can challenge detention."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 01:07 PM by Howard Bashman




Thursday, April 2, 2009

"Obama taps 2 more for federal appeals courts": The Associated Press has this report.
Posted at 01:03 PM by Howard Bashman




Thursday, April 2, 2009

"Toll Discounts for In-State Residents Draw Constitutional Challenge": John Schwartz has this article today in The New York Times.

My most recent earlier coverage of this matter appeared Tuesday in a post titled "For whom the bridge tolls."
Posted at 11:23 AM by Howard Bashman




Thursday, April 2, 2009

"State high court asked to rule on tobacco suit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court asked California's highest court Wednesday to decide whether a Bay Area woman with terminal lung cancer waited too long to sue tobacco companies because she had been diagnosed with lesser illnesses many years earlier."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:17 AM by Howard Bashman




Thursday, April 2, 2009

"The Strategic Content Model of Supreme Court Opinion Writing": Yonatan Lupu and James H. Fowler have posted online at SSRN a paper whose abstract begins, "The Supreme Court's reasoning in a decision, including the precedent it cites in support of that reasoning, can be as significant as the outcome in determining the long-term impact of a case. As a result, the content of opinions can be used to provide important new insights into existing debates regarding judicial politics. In this article we present a strategic content model of the judicial process, which demonstrates how opinion content results from the strategic interaction between justices during the Court's bargaining process."
Posted at 10:20 AM by Howard Bashman




Thursday, April 2, 2009

"Who pays the legal fees for judges charged with ethical violations?" This editorial appears today in The Fort Worth Star-Telegram.
Posted at 08:27 AM by Howard Bashman




Thursday, April 2, 2009

"King County asks state high court to void records ruling": The Seattle Times today contains an article that begins, "King County has asked the state Supreme Court to vacate a landmark public-records decision issued earlier this year, alleging that Justice Richard Sanders -- who wrote the majority opinion -- 'stood to personally gain' from that decision."
Posted at 08:22 AM by Howard Bashman




Thursday, April 2, 2009

"Former N.J. Supreme Court justice O'Hern dies; Red Bank native was nominated by Gov. Byrne in 1981 and served until 2000": This article appears today in The Newark (N.J.) Star-Ledger.
Posted at 08:17 AM by Howard Bashman




Thursday, April 2, 2009

"N.J. Supreme Court is expected to rule on witness intimidation": The Associated Press has a report that begins, "New Jersey's Supreme Court is expected to rule today in a case that examines the issue of witness intimidation in criminal trials."

After the ruling issues, it will be available via this link.
Posted at 08:15 AM by Howard Bashman




Thursday, April 2, 2009

From the April 1, 2009 issue of The Harvard Law Wrecker: "Obama Nominates Obama; Michelle Obama '88 becomes first First Lady, first African-American Woman, Latest HLS Graduate Nominated to Highest Court";

"Scalia's time machine fails; jurist forced to call Constitution 'living document'; Severance of Crucial Link to Founders' Intent Sinks 'Method of Originalism'"; and

"Tribe publishes yet another long book nobody reads; Reviews Uniformly Hail Work as 'Breathtaking.'"
Posted at 08:11 AM by Howard Bashman




Thursday, April 2, 2009

"Holder's bold stroke": At Politico.com, Josh Gerstein has an article that begins, "Eric Holder's decision to drop the Ted Stevens case is just the kind of bold stroke longtime critics of the Bush Justice Department wanted from the new attorney general. In one move, he issued a sharp rebuke to a high-profile Bush-era prosecution and asserted his authority over the department."
Posted at 08:05 AM by Howard Bashman




Thursday, April 2, 2009

"Hoosier's hearing boycotted": The Indianapolis Star today contains an article that begins, "Republicans on the Senate Judiciary Committee boycotted Wednesday's confirmation hearing of Hoosier David Hamilton to serve on the U.S. Court of Appeals for the 7th Circuit. Pennsylvania Sen. Arlen Specter, the panel's top Republican, said lawmakers were given 'grossly insufficient time' to prepare for the hearing."

The Journal Gazette of Fort Wayne, Indiana reports today that "Lugar, Bayh praise judicial pick."

The Deseret News reports that "Hatch protests fast hearings."

And The Associated Press reports that "Many Republicans boycott judicial nominee hearing."
Posted at 07:50 AM by Howard Bashman




Wednesday, April 1, 2009

"Supreme Court Strengthens Arbitration in Labor Case Ruling": law.com's Tony Mauro has this report.
Posted at 11:55 PM by Howard Bashman




Wednesday, April 1, 2009

"Ruling by Justices Backs Power Plants": Adam Liptak will have this article Thursday in The New York Times.

And Thursday in The Washington Post, Robert Barnes will have an article headlined "EPA Can Weigh Cost-Benefits in Environmental Action, Court Says."
Posted at 11:27 PM by Howard Bashman




Wednesday, April 1, 2009

"Legislation could undo ruling on Narragansett land": Thursday's edition of The Providence (R.I.) Journal will contain an article that begins, "The chairman of a key congressional committee said Wednesday that he is 'inclined' to sponsor a bill to address concerns raised by a recent Supreme Court decision that blocked the Narragansett Indians from securing federal trust status for a parcel of land they own in Charlestown."
Posted at 10:55 PM by Howard Bashman




Wednesday, April 1, 2009

"Keller's attorney says her omissions in disclosure form were unintentional": Today's edition of The Dallas Morning News contains an article that begins, "The failure of the state's highest criminal court judge to disclose all of her real estate holdings was unintentional and not an attempt to hide assets, her attorney said Tuesday."
Posted at 10:45 PM by Howard Bashman




Wednesday, April 1, 2009

"Storm Clouds Gather Over Obama Nominees": Neil A. Lewis has this article today in The New York Times.
Posted at 08:54 PM by Howard Bashman




Wednesday, April 1, 2009

"Obama's First Circuit Nominee Gets Quick Hearing": This post appears this evening at "The BLT: The Blog of Legal Times."

For those readers who might wonder when President Obama made a nomination to the First Circuit, the referenced post actually pertains to President Obama's Seventh Circuit nominee, U.S. District Judge David F. Hamilton.
Posted at 08:50 PM by Howard Bashman




Wednesday, April 1, 2009

"And Then They Came for Koh... If mainstream America can't stand up for Harold Koh, we will get precisely the government lawyers we deserve." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:32 PM by Howard Bashman




Wednesday, April 1, 2009

James Vicini of Reuters is reporting: He has articles headlined "U.S. court upholds power plant cooling water rule" and "Death row inmate wins clemency lawyer appeal."
Posted at 06:18 PM by Howard Bashman




Wednesday, April 1, 2009

Greg Stohr of Bloomberg News is reporting: He has articles headlined "Union Contracts Can Limit Bias Suits, High Court Says" and "Power Plants Win at Top U.S. Court on EPA Water Rule."
Posted at 06:15 PM by Howard Bashman




Wednesday, April 1, 2009

"Just In: The Souter Bobblehead, With Bling." Tony Mauro has this post at "The BLT: The Blog of Legal Times."

More details are available from The Green Bag at this link.
Posted at 02:03 PM by Howard Bashman




Wednesday, April 1, 2009

Access today's U.S. Supreme Court rulings in argued cases: The Court today issued its ruling in 14 Penn Plaza LLC v. Pyett, No. 07-581. Justice Clarence Thomas delivered the opinion of the Court in this 5-4 ruling. Joining in the Court's opinion were the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Samuel A. Alito, Jr. Justice John Paul Stevens issued a dissenting opinion. And Justice David H. Souter also issued a dissenting opinion in which Justices Stevens, Ruth Bader Ginsburg, and Stephen G. Breyer joined. You can access the ruling at this link and the oral argument transcript at this link.

Today's second ruling in an argued case issued in Entergy Corp. v. Riverkeeper, Inc., No. 07-588. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Kennedy, Thomas, and Alito joined. Justice Breyer issued an opinion concurring in part and dissenting in part. And Justice Stevens issued a dissenting opinion in which Justices Souter and Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link.

And today's third and final ruling issued in Harbison v. Bell, No. 07-8521. Justice Stevens delivered the opinion of the Court, in which Justices Kennedy, Souter, Ginsburg, and Breyer joined. The Chief Justice and Justice Thomas each filed an opinion concurring in the judgment. And Justice Scalia filed an opinion concurring in part and dissenting in part, in which Justice Alito joined. You can access the ruling at this link and the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Worker rights arbitration upheld."

And in early news coverage, The Associated Press has reports headlined "Court rules for employers in arbitration case"; "Court sides with power plants over fish"; and "Court: Gov't should pay lawyers for clemency work."
Posted at 10:07 AM by Howard Bashman




Wednesday, April 1, 2009

"Philip Morris, Wyeth Cases Mark Shift in U.S. Court's Course": Greg Stohr of Bloomberg News has an article that begins, "Companies are in a slump at the normally business-friendly U.S. Supreme Court."
Posted at 08:22 AM by Howard Bashman




Wednesday, April 1, 2009

"High Court to Weigh Relevance Of Voting Law in Obama Era": Robert Barnes has this front page article today in The Washington Post.
Posted at 08:21 AM by Howard Bashman




Wednesday, April 1, 2009

"Portland widow beats Big Tobacco": The Oregonian today contains an article that begins, "The widow of a Portland janitor won her 10-year legal battle with the world's largest cigarette maker Tuesday when the U.S. Supreme Court dismissed the tobacco company's appeal of a $79.5 million award." The newspaper also has reposted online this related article from February 1, 2008, in which I am quoted.

Today in The New York Times, Adam Liptak reports that "Justices End Tobacco Company Appeal."

In The Washington Post, Robert Barnes reports that "High Court Won't Take Up Award Against Philip Morris."

Warren Richey of The Christian Science Monitor reports that "Supreme Court dismisses appeal in tobacco case with $79.5 million verdict; The case was considered one of the most important of the current term because it suggested the justices were headed into a showdown with the Supreme Court of Oregon."

And law.com's Tony Mauro reports that "High Court Dismisses Philip Morris Appeal of $79 Million Punitive Damages Verdict."
Posted at 08:20 AM by Howard Bashman




Wednesday, April 1, 2009

"Justices Limit the Reach of Apology to Hawaiians": Adam Liptak has this article today in The New York Times.

Today in The Wall Street Journal, Jess Bravin reports that "Native Hawaiians Lose Claim."

And The Honolulu Star-Bulletin contains articles headlined "Ceded lands case sent home; U.S. Supreme Court ruling favors the state but OHA also pleased" and "Bills seek to define ceded lands policy; OHA lawsuit on ceded lands keeps issue on front burner." In addition, the newspaper contains an editorial entitled "Ceded lands ruling creates quick need for sovereignty."
Posted at 08:12 AM by Howard Bashman




Wednesday, April 1, 2009

"A Split At Justice On D.C. Vote Bill; Holder Overrode Ruling That Measure Is Unconstitutional": Carrie Johnson has this front page article today in The Washington Post.
Posted at 08:03 AM by Howard Bashman



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