How Appealing


Friday, June 27, 2008

"U.S. Settles Scientist's Lawsuit in Anthrax Scare for $5.85 Million": The Washington Post has a news update that begins, "The Justice Department signed a $5.85 million settlement today with Steven J. Hatfill, the former Defense Department scientist who sued the government five years ago over the disclosure of his name in connection with a nationwide anthrax scare."

And The Associated Press has a report headlined "$5.8 million for scientist in anthrax lawsuit."
Posted at 05:45 PM by Howard Bashman




Friday, June 27, 2008

"Bin Laden's driver keeps July 21 trial date": Carol Rosenberg of The Miami Herald has a news update that begins, "A military judge has refused to delay the midsummer trial of Osama bin Laden's driver at Guantanamo Bay, Cuba, saying lawyers had sufficient time to review a recent Supreme Court decision. Navy Capt. Keith Allred wrote in a decision released by the Pentagon Friday that the trial of Salim Hamdan, a Yemeni, would open at the remote base on July 21, as scheduled."

And The Associated Press reports that "Judge sees no reason to delay Guantanamo trial."

You can access yesterday's ruling at this link.
Posted at 02:55 PM by Howard Bashman




Friday, June 27, 2008

Second Circuit affirms federal death sentence imposed by the U.S. District Court for the District of Vermont on Donald Fell for murder in the course of a carjacking: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

The Associated Press reports that "NY appeals court upholds death penalty verdict."
Posted at 02:50 PM by Howard Bashman




Friday, June 27, 2008

Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction has no duty under the Federal Advisory Committee Act to make certain of its records publicly available, D.C. Circuit holds: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

You can learn more about the Commission at this link, and you can access the unclassified version of the Commission's report, issued in 2005, via this link. It is interesting to note that Senior D.C. Circuit Judge Laurence H. Silberman served as co-chairman of the Commission.
Posted at 02:11 PM by Howard Bashman




Friday, June 27, 2008

"Appeals court upholds FCC on cable rules": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:55 PM by Howard Bashman




Friday, June 27, 2008

En banc Eighth Circuit vacates preliminary injunction that prevented the 2005 version of South Dakota's statute regulating informed consent to abortion from becoming effective: You can access today's en banc ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Of the eleven judges who took part in the ruling, seven voted to overturn the preliminary injunction, while four voted to uphold it.

And in early news coverage, The Associated Press reports that "Appeals court overturns injunction on abortion law." The AP's article begins, "A federal appeals court has overturned a lower court order that had blocked enforcement of a South Dakota law that would require doctors to tell women seeking abortions that the procedure ends a human life."
Posted at 01:50 PM by Howard Bashman




Friday, June 27, 2008

"Justices add 2 cases to docket, break for summer": Pete Yost of The Associated Press has this report.
Posted at 01:27 PM by Howard Bashman




Friday, June 27, 2008

"Court grants 2 more 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 10:42 AM by Howard Bashman




Friday, June 27, 2008

"O.C. judge plans to appeal ouster; Judge Kelly MacEachern committed 'willful misconduct' by filing false and misleading expense claims, a state commission finds": The Orange County Register contains this article today.

And The Los Angeles Times reports today that "Orange County judge is removed from bench; Kelly MacEachern is removed from her duties in Newport Beach after a judicial commission finds that she filed false expense claims for a legal conference; She plans to appeal."

You can access yesterday's decision of the California Commission on Judicial Performance at this link, while additional case related documents can be accessed via this link.
Posted at 10:37 AM by Howard Bashman




Friday, June 27, 2008

"Supreme Court deals blow to states on electricity; California had hoped to renegotiate some long-term contracts signed during the 2000-01 crisis": This article appears today in The Los Angeles Times.

And The San Diego Union-Tribune reports today that "High court deflects reopening of power contracts."
Posted at 10:33 AM by Howard Bashman




Friday, June 27, 2008

"Landmark Ruling Enshrines Right to Own Guns": Linda Greenhouse has this article today in The New York Times. In addition, Adam Liptak has a news analysis headlined "After Ruling, Expect Court Fights on Guns in Cities." An article reports that "Gun-Control Supporters Show Outrage." And an editorial is entitled "Lock and Load."

Today in The Washington Post, Robert Barnes has a front page article headlined "Justices Reject D.C. Ban On Handgun Ownership; 5-4 Ruling Finds 1976 Law Incompatible With Second Amendment." The newspaper also contains articles headlined "Historic Decision Renews Old Debate"; "D.C. Views Shaped by A History Of Violence"; and "D.C. Government Faces a New Reality." An editorial is entitled "Handguns Supreme: Despite the high court's misguided ruling, the District may still have some options." Columnist Eugene Robinson has an op-ed entitled "Deadly Consequences -- But the Right Call." Columnist E.J. Dionne Jr. has an op-ed entitled "The D.C. Handgun Ruling; Originalism Goes Out the Window." And Monica Hesse has an essay entitled "The Supremes Make a Mean 'To Duel' List."

In The Los Angeles Times, David G. Savage reports that "Supreme Court affirms gun rights; In a historic 5-4 ruling, the justices say the 2nd Amendment protects individuals' right to bear arms." Maura Dolan has an article headlined "Gun advocates' other weapon: lawsuits; On the heels of the Supreme Court ruling, the NRA and other groups prepare to challenge gun laws in California and other states." And an article reports that "Cheers, fears meet Supreme Court gun ruling; The taxidermist, the architect, the mother who lost two children to violence -- they all see the Supreme Court decision differently." An editorial is entitled "Guns, yes and no: Individuals have a right to own firearms, the Supreme Court rules; But there can still be limits." Law Professor Erwin Chemerinsky has an op-ed entitled "Judicial activism by conservatives; The high court's 2nd Amendment opinion makes the majority's agenda clear." And Brian Doherty has an op-ed entitled "The gun-rights fight isn't over; Self-defense is upheld, but control advocates aren't done by a long shot."

In USA Today, Joan Biskupic and Kevin Johnson have a front page article headlined "Landmark ruling ignites challenges to firearms laws; The Supreme Court says individuals have a right to guns, but many questions remain." The newspaper also contains an editorial entitled "Ruling reflects America's ambivalence on guns; Court strikes a balance between ownership, reasonable restrictions."

In The Wall Street Journal, Jess Bravin and Susan Davis have a front page article headlined "In a First, High Court Affirms Gun Rights." The newspaper also contains an editorial entitled "Silver Bullet." And Law Professor Randy E. Barnett has an op-ed entitled "News Flash: The Constitution Means What It Says."

law.com's Tony Mauro reports that "Supreme Court Strikes Down D.C. Gun Ban."

The Washington Times contains articles headlined "D.C. gun ban struck down; Ruling lays out rights of individual"; "Justice Kennedy casts decisive vote"; "Officials upset by court decision; Vow to create strict new rules"; "Gun ruling galvanizes groups; NRA to target other city laws; foes vow to boost resistance"; "Neighbors doubtful violence will change"; "Candidates differ on overturned gun ban; McCain backs 'victory'; Obama stakes out middle ground"; and "Gun control in most countries more stringent than in U.S." The newspaper also contains an editorial entitled "The gun ban ends." And Wesley Pruden has an op-ed entitled "The Court defers to plain language."

In The Chicago Tribune, James Oliphant and Jeff Coen report that "Daley vows to fight for Chicago's gun ban; High court throws out D.C. law."

In The San Francisco Chronicle, Bob Egelko has an article headlined "A right to own guns: Supreme Court defines 2nd Amendment -- gun lobby expected to challenge S.F. ban on handgun possession in public housing."

And in The New York Sun, Joseph Goldstein reports that "After Supreme Court Ruling, N.Y. Gun Laws Eyed." The newspaper also contains an article headlined "Bloomberg Sees Benefit in Guns Decision." And an editorial is entitled "1, 2, 14."
Posted at 09:30 AM by Howard Bashman




Friday, June 27, 2008

"Supreme Court Strikes Down 'Millionaire's Amendment'": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Matthew Mosk and Robert Barnes have an article headlined "High Court Deals Blow To Campaign Finance Law; 'Millionaire's Amendment' Is Ruled Unconstitutional."

The Los Angeles Times reports that "Supreme Court rejects 'millionaire's amendment' to campaign finance reform; It rules that allowing federal office-seekers to exceed normal contribution limits when their opponents are wealthy violates the 1st Amendment."

In The New York Sun, Josh Gerstein reports that "Court Shakes Up Campaign-Finance Law; Decision Likely To Undermine Political Viability of Public Financing." In addition, John Samples and Ilya Shapiro have an op-ed entitled "Let Millionaires Spend."

And USA Today reports that "High court strikes down law on self-financing of campaigns."
Posted at 09:15 AM by Howard Bashman




Friday, June 27, 2008

Joan Biskupic of USA Today is reporting: In today's newspaper, she has articles headlined "Just-completed term marked by paradox; Although some decisions were unanimous, justices divided 5-4 on a number of the most prominent cases" and "Pen in hand, Scalia leaves his mark."
Posted at 08:54 AM by Howard Bashman




Friday, June 27, 2008

Available online from law.com: An article headlined "Court Rejects Suit by Woman Who Said She Had Sex With Rabbi to Find Husband" begins, "New York's highest court on Wednesday upheld the dismissal of claims brought by a woman who had sued her Rockland County, N.Y., rabbi for abusing his position by allegedly persuading her to have sex with him to help her find a husband." You can access Wednesday's ruling of the New York State Court of Appeals at this link.

Shannon P. Duffy has an article headlined "3rd Circuit: Class Action No Cure for Uninsured Patient's Bill." You can access Tuesday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

And an article is headlined "Want to Sue Coke Zero? Think Again; Diet drink, which urged mock suits in ad campaign, brings action against bottled water firm that threatened trademark litigation."
Posted at 08:45 AM by Howard Bashman




Friday, June 27, 2008

Available online from the PBS program "The NewsHour with Jim Lehrer": Yesterday's broadcast contained segments entitled "In Landmark Ruling, Divided High Court Strikes Down Gun Ban" (featuring Marcia Coyle) and "Attorneys Debate Effects of Gun Ban Override" (featuring R. Ted Cruz and Peter Nickles) (transcripts with links to audio).

And Wednesday's broadcast contained a segment entitled "High Court Cuts Damages in Exxon Valdez Oil Spill" (transcript with links to audio and video).
Posted at 08:32 AM by Howard Bashman




Friday, June 27, 2008

Access audio from the public radio program "Here and Now": Yesterday's broadcast contained an audio segment entitled "Supreme Court Rejects Gun Ban" featuring, among others, Lyle Denniston, Law Professor Jonathan Turley, and Robert Levy.

And Wednesday's broadcast contained an audio segment entitled "Supreme Court Decisions: Exxon-Valdez and Child Rape" featuring Lyle Denniston.

RealAudio is required to launch these audio segments.
Posted at 08:25 AM by Howard Bashman




Friday, June 27, 2008

Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "Gun Ruling Reverberates with Politicians, Police" (featuring Nina Totenberg); "Handgun Owners Praise High Court's Ruling"; and "Presidential Candidates Weigh In on Gun Rights."

Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Strikes Down D.C. Handgun Ban" (featuring Nina Totenberg); "D.C. Mayor: Court Ruling May Mean More Violence": and "L.A. Police Chief: Gun Limits Help Keep Crime Down."

Yesterday's broadcast of "Day to Day" contained audio segments entitled "Supreme Court Strikes Down D.C. Handgun Ban" (featuring Dahlia Lithwick) and "What D.C. Ban Means for Other Cities."

And yesterday's broadcast of "Morning Edition" contained audio segments entitled "Justices to Rule on Individuals' Right to Own a Gun" (featuring Nina Totenberg); "Supreme Court: Gun Ownership an Individual Right" (also featuring Nina Totenberg); "Justices: Gun Right Guaranteed to Individuals"; and "Exxon Ruling Disappoints Villagers in Alaska."

RealPlayer is required to launch these audio segments.
Posted at 08:02 AM by Howard Bashman




Friday, June 27, 2008

Available online from Bloomberg News: Greg Stohr has an article headlined "Kennedy Rules; Supreme Court Strikes Down Handgun Ban."

And columnist Ann Woolner has an essay entitled "Supreme Activists Toss Rape, Gun, Campaign Laws."
Posted at 07:54 AM by Howard Bashman




Thursday, June 26, 2008

"Justices Rule for Individual Gun Rights": Linda Greenhouse of The New York Times has this news update.
Posted at 09:27 PM by Howard Bashman




Thursday, June 26, 2008

"Court denies Gatlin's appeal on Olympic trials": The Associated Press provides a report that begins, "A federal court has denied sprinter Justin Gatlin's appeal to run in the U.S. Olympic track trials this weekend. The 11th U.S. Circuit Court of Appeals said Thursday that Gatlin has not shown he meets the 'applicable standard for such an injunction.'"
Posted at 06:14 PM by Howard Bashman




Thursday, June 26, 2008

And speaking of singular versus plural: Late last night, in response to the update to this post of mine from yesterday, I received the following email from Seventh Circuit Judge Richard A. Posner:
Dear Prof. Bashman, to say "ostriches hide their heads in the sand" would imply that each ostrich had more than one head.

Richard Posner

P.S. And yes, canards fly--glad you caught the pun.

Of course, it could be said that Judge Posner's sentence, which states that "The reference of course is to the legend that ostriches when frightened bury their head in the sand," implies that multiple ostriches share a single head, just as some conjoined twins sometimes share a single bodily organ. One solution is to rewrite the sentence in the singular, although that might require assigning a gender to the ostrich in question or using the "his or her" construct.
Posted at 04:55 PM by Howard Bashman




Thursday, June 26, 2008

There are two side to every story: Now that the U.S. Supreme Court has completely corrected the typos contained in the original version of District of Columbia v. Heller, No. 07-290, that were noted in this earlier post, a different reader emails:
Here's another one for you to bring to the Court's attention: On page 49 of the majority writing, line 9, it quotes the Stevens dissent as "on both side of the issue"; page 4 of the dissent (line 2 of first full paragraph) actually says "sides".

Thanks for your great blog that keeps all of us so well informed!

The passage in question from Justice John Paul Stevens' dissent that is slightly misquoted in Justice Antonin Scalia's majority opinion actually states, "Even if the textual and historical arguments on both sides of the issue were evenly balanced, respect for the well-settled views of all of our predecessors on this Court, and for the rule of law itself, see Mitchell v. W. T. Grant Co., 416 U. S. 600, 636 (1974) (Stewart, J., dissenting), would prevent most jurists from endorsing such a dramatic upheaval in the law."
Posted at 04:45 PM by Howard Bashman




Thursday, June 26, 2008

Seventh Circuit reverses a federal district court's class certification in lawsuit challenging traveler watch lists maintained by the Department of Homeland Security: In today's unanimous opinion on behalf of a three-judge panel, Chief Judge Frank H. Easterbrook observes that "[t]he classes certified in this case are equivalent to a class of 'all persons in the United States who have been, or ever will be, stopped without probable cause' certified in an effort to take control of how the police investigate crime and make arrests."
Posted at 04:35 PM by Howard Bashman




Thursday, June 26, 2008

Once again, it all depends on what the meaning of "is" is: The majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued a decision that begins, "This appeal presents the single, seemingly straightforward question whether the word 'is' really means 'is,' at least as that word is employed in 25 U.S.C. sec. 81." An arguably related YouTube clip can be accessed here.
Posted at 04:15 PM by Howard Bashman




Thursday, June 26, 2008

"Court of Appeals Mourns Passing of Senior Circuit Judge Warren J. Ferguson": The U.S. Court of Appeals for the Ninth Circuit issued this news release today. As noted in his Federal Judicial Center biography, he joined the Ninth Circuit in 1979.
Posted at 04:05 PM by Howard Bashman




Thursday, June 26, 2008

"This case requires us to consider whether Comcast may be taxed as a telephone business when providing Internet service." In a ruling issued today, a unanimous Washington State Supreme Court answers "no."
Posted at 03:10 PM by Howard Bashman




Thursday, June 26, 2008

"Supreme Court asserts broad gun rights; The historic 5 to 4 ruling says the right to bear arms applies to individuals": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 03:05 PM by Howard Bashman




Thursday, June 26, 2008

"Supreme Court strikes down 'millionaires amendment'": Michael Doyle of McClatchy Newspapers has this report.

And at his "Election Law Blog," Law Professor Rick Hasen has a post titled "Initial Thoughts on FEC v. Davis: The Court Primes the Pump for Striking Down Corporate and Union Campaign Spending Limits and Blows a Hole in Effective Public Financing Plans."
Posted at 01:24 PM by Howard Bashman




Thursday, June 26, 2008

"Supreme Court: Scalia and Stevens Duke It Out." At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "It was an extraordinary 23-minute-long scene at the Supreme Court this morning as Justice Antonin Scalia read from his majority opinion in D.C. v. Heller and then Justice John Paul Stevens read from his unusually pointed dissent."
Posted at 01:22 PM by Howard Bashman




Thursday, June 26, 2008

"Supreme Court rules in favor of individuals' 2nd Amendment gun rights; Striking down part of a handgun ban in Washington, D.C., the 5-4 decision is the first in the court's history to void a gun law based on the 2nd Amendment; Dissenters predict an influx of lawsuits": David G. Savage of The Los Angeles Times has this news update.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court shoots down D.C. gun ban."

And Bill Mears of CNN.com reports that "High court strikes down gun ban."
Posted at 01:18 PM by Howard Bashman




Thursday, June 26, 2008

"Supreme Court Strikes Down D.C. Ban on Handguns": Robert Barnes of The Washington Post has this news update.

Greg Stohr of Bloomberg News reports that "Individual Gun Rights Protected, Top U.S. Court Says."

And James Vicini of Reuters reports that "US top court finds individual right to own guns."
Posted at 12:05 PM by Howard Bashman




Thursday, June 26, 2008

Don't "dissemble" on guns: Today's Second Amendment ruling of the U.S. Supreme Court in District of Columbia v. Heller, No. 07-290, was eagerly awaited and certainly will be closely scrutinized over the days, weeks, months, and years to come.

And the close scrutiny has already begun, as a reader emails to note a typo found on the very first page of Justice Antonin Scalia's majority opinion:

Not for attribution, but because you get results...

In the first paragraph of his opinion (after the intro), Justice Scalia quotes one of the relevant DC statutes as saying that long guns must be kept "unloaded and dissembled...." The correct word is "disassembled" (I checked the statute); "dissemble" means to mislead or put on a false appearance.

Thanks to this reader for drawing this to my attention. If there's a lesson here, it's that just because text appears in an opinion or brief between quotation marks doesn't mean that the text shouldn't be double-checked for accuracy. And kudos to the author of the opinion's syllabus for preserving the same typo there, in the very first sentence.

By contrast, on page 12 of his dissenting opinion, Justice Stephen G. Breyer correctly quotes the "unloaded and disassembled" language actually found in the statute. Finally, and in his defense, Justice Scalia correctly quotes that language from the D.C. statute on page 58 of the majority opinion.

Update: The Court has corrected the typo on page 1 of Justice Scalia's majority opinion, although the typo remains for the time being in the syllabus. The original version of Justice Scalia's majority opinion, containing the typo, can be accessed here.
Posted at 11:50 AM by Howard Bashman




Thursday, June 26, 2008

Today's rulings of the U.S. Supreme Court in the final three undecided argued cases from this Term: "SCOTUSblog" is live-blogging this morning's developments in a post you can access here.

1. Today's first ruling issued in Davis v. Federal Election Comm'n, No. 07-320. Justice Samuel A. Alito, Jr. delivered the opinion of the Court. You can access the opinion at this link and the oral argument transcript at this link.

2. Today's second ruling issued in Morgan Stanley Capital Group Inc. v. Public Utility Distr. No. 1 of Snohomish Cty., No. 06-1457. You can access the opinion at this link and the oral argument transcript at this link. Justice Antonin Scalia delivered the opinion of the Court. This means that either he, Justice John Paul Stevens, or the Chief Justice is the author of the Court's only remaining decision, involving the Second Amendment.

3. Today's third and final ruling issued in District of Columbia v. Heller, No. 07-290. The Court has affirmed the D.C. Circuit's ruling, which invalidated the District of Columbia's gun ban under an individual rights view of the Second Amendment. Justice Scalia delivered the opinion of the Court, which decided the case by a 5-4 margin. Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined in lengthy dissents that both Justice Stevens and Justice Breyer wrote. You can access the opinion at this link and the oral argument transcript at this link. Justice Scalia's majority opinion contains citations to three articles about the Second Amendment written by Law Professor Eugene Volokh, whose blog you can access here.

In early news coverage, The Associated Press reports that "Court rules in favor of Second Amendment gun right" and "Supreme Court strikes down 'millionaire's amendment'."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court: A constitutional right to a gun."
Posted at 10:01 AM by Howard Bashman




Thursday, June 26, 2008

"Judge rejects court order to improve VA's treatment for post-traumatic stress disorder; Despite 'significant' delays, inadequate care or benefits for veterans was not done systematically, he rules; An appeal is planned": The Los Angeles Times today contains an article that begins, "A federal judge in San Francisco ruled Wednesday that although the Department of Veterans Affairs might have provided inadequate care or benefits to some veterans with post-traumatic stress disorder, the department had not done so systematically."

And today in The San Francisco Chronicle, Bob Egelko reports that "Judge rules court won't step in to aid vets."

Yesterday, the U.S. District Court for the Northern District of California issued this decision and this judgment in the case.
Posted at 09:57 AM by Howard Bashman




Thursday, June 26, 2008

"Supreme Court overturns L.A. murder conviction; Justices' 6-3 ruling in a domestic violence case makes it more difficult for prosecutors to use victims' previous statements to police": David G. Savage has this article today in The Los Angeles Times.

The Washington Post reports today that "Right to Face Accusers Is Affirmed in Unusual Case; Witness Was Murder Victim."

And The Mobile Press-Register reports that "Decision could affect local case; Defendant's right to confront accuser in court may have some bearing in sex abuse trial."
Posted at 09:42 AM by Howard Bashman



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