“Battle over Gay Marriages Heats Up”: This evening’s edition of NPR‘s “All Things Considered” contained this audio report (Real Player required; 7 minutes and 30 seconds).

Posted at 23:54 by Howard Bashman

Stymied: Tomorrow’s issue of The Atlanta Journal-Constitution reports here that “Democrats stymie Pryor.” And tomorrow’s issue of The Washington Post reports here that “GOP Senators Claim Anti-Catholic Bias; Democrats Furious at Charge Over Blocking of Appeals Judge Nomination.”

On deck as tomorrow’s filibusteree, Ninth Circuit prospect Carolyn B. Kuhl. Stay tuned for complete details.

Posted at 23:46 by Howard Bashman

Recusal is for the dogs: The Associated Press reports here that “U.K. Judge Quits Case Featuring His Dog.”

Posted at 23:35 by Howard Bashman

In Thursday’s newspapers: In The Washington Post, a front page article reports that “Sodomy Ruling Fuels Battle Over Gay Marriage.” An article reports that “Tax Court Nominee Queried; Hill Staff Finds Improper Deductions Over Three Years.” In other news, “Seizure of Business Records Is Challenged; ACLU and Arab American Groups File Lawsuit Over Element of USA Patriot Act.” You can access here an article headlined “Judge Bars POW Claims To Frozen Iraqi Assets.” And in local news, “Md. Election Ruling Gives Minor Parties a Boost.”

In The New York Times, Neil A. Lewis reports that “Bush Backs Bid to Block Gays From Marrying.” In related news, “Vatican Says Lawmakers Have Duty to Oppose Gay Marriage.” And an editorial is entitled “Playing It Safe on Gays.” An article reports that “Suit Challenges Constitutionality of Powers in Antiterrorism Law.” Adam Liptak reports here that “17 Ex-P.O.W.’s Won’t Get Part of Seized Iraq Assets, Judge Says.” In local news, “Judge Orders Inmate Freed or Retried in ’87 Sex Case.” And a letter to the editor appears under the heading “A Step Back for Victims.”

The Washington Times, with scare quotes in full effect, offers an article headlined “Bush vows no ‘compromise’ on gay ‘marriage.'” An article reports that “Gay-rights bills may boost recall push.” In other news, “ACLU sues over Patriot Act, says FBI has too much power.” You can access here an article headlined “Blacks back affirmative action in poll.” In somewhat related news, “Michigan GOP leaders oppose race initiative for Bush’s sake.” And an article reports that “Lawmakers see loophole in alien visa revocation.”

The Boston Globe reports here that “Bush backs efforts to bar gay marriage.” Lyle Denniston reports that “Arab groups in US file lawsuit seeking to curb Patriot Act.” The Associated Press reports here that “Bush taps Weston lawyer for bench.” You can access here an article headlined “On the road for a bobblehead” that may bring back memories of a certain recent eBay auction. And columnist Ellen Goodman has an op-ed entitled “Rethinking the rape shield.”

USA Today reports here that “President moves to define marriage; Legislation in works to deny right to gays.” In other news, “ACLU sues over Patriot Act seizures provision; Group says secret confiscation of personal records unlawful.” And an article reports that “Media fight order in Bryant case; Judge puts limits on what can be covered.”

The Los Angeles Times reports here that “Police Abuse Case Will Be Retried; D.A. calls the decision easy, since seven jurors considered the former Inglewood officer guilty. One panelist wonders if unanimity is possible.” In other news, “Media Request Considered; News organizations want the court files in the Bryant sexual assault case to be made public. An Eagle County judge will hear arguments today.” An article reports that “Ventura County Deputy Used Excessive Force, Jurors Find; Federal panel says civil rights of a retired Fillmore officer were violated when he was shot in 2000. Trial moves to the penalty phase.” An obituary is entitled “M. Peter Katsufrakis, 83; Judge Advocated for the Little Guy.” An editorial is entitled “A Goal for Police.” James Q. Wilson has an op-ed entitled “Colorblind Versus Blindfolded.” Erwin Chemerinsky has an op-ed entitled “Law and Logic Should Delay Measure on Race.” And a letter to the editor appears under the heading “Irresponsible Judges Are at Fault in Killing.”

Posted at 22:39 by Howard Bashman

“Federal Judges Find Courts Short of Money to Pay Jurors”: Adam Liptak will have this article in Friday’s issue of The New York Times.

Posted at 22:37 by Howard Bashman

“Jury Clears Philip Morris in Smoker Suit”: The Associated Press has this report from Los Angeles.

Posted at 22:35 by Howard Bashman

“ms. morality: Moral reflections on life and politics from an attorney-turned-homemaker.” Here’s an interesting new blog featured in Denise Howell’s recent round-up. Denise also recommended checking out ms. morality’s essay, available separately here, entitled “Beyond the Empty Promises: The Realities of Being Pregnant in a Large Law Firm.”

Posted at 22:33 by Howard Bashman

“Judge takes case to high court; Pat Kinsey continues to fight ethics charges”: The Pensacola News Journal last week had an article reporting that “Attorney Roy Kinsey is asking the U.S. Supreme Court to review a state ethics ruling against his wife, Escambia County Judge Pat Kinsey.”

Posted at 22:17 by Howard Bashman

“GOP Forces Unwinnable Judicial Votes”: Jesse J. Holland of The Associated Press has this report. Of course, each of the four nominees currently being filibustered would attain confirmation by a majority vote if confirmation votes were allowed to occur.

Posted at 17:23 by Howard Bashman

Ten Commandments news from here and there: Today’s issue of The Philadelphia Inquirer reports here that “Atheists want rehearing in Commandments case.” In related news, The Daily Local reports here that “ACLU requests appeal in plaque case.”

From Pittsburgh comes Ten Commandments-related news, via The Tribune-Review, that “Group considers appeal.” And The Post-Gazette yesterday contained an editorial entitled “Thou shalt be sensible; The county dodges a Ten Commandments suit.”

From Alabama, The Associated Press reported here last night that “11th Circuit returns commandments case to Thompson.”

Finally for now, tomorrow’s issue of The Forward contains an article entitled “House Takes Aim at Judiciary on Church-State Cases; Representatives Vote To Block Enforcement.”

Posted at 17:09 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Dispute Ends Over Affirmative Action Case”; here “Constitution Center Mishap Due to Bolts”; here “Gay Marriage Legalization Facing Backlash”; and here “Calif. Faculty Backs Academic Freedom.”

Posted at 17:01 by Howard Bashman

News from Texas: The Supreme Court of Texas issued a press release today that begins, “Texas Supreme Court Justice Craig Enoch announced Thursday (July 31) that he has advised Chief Justice Thomas R. Phillips, the members of the Court and Gov. Rick Perry that he will not seek re-election to a third term on the Court and that he intends to step down before the end of the year.”

Posted at 16:28 by Howard Bashman

Sometimes the Sixth Circuit takes a case en banc too slowly, and other times it takes a case en banc too quickly: In both instances, judges who happen to be on senior status when the case goes en banc are the ones who lose out. See this very interesting published order accompanied by a concurrence and a dissent, which issued a bit later than the Sixth Circuit’s other opinions from today.

Circuit Judge Eric L. Clay‘s concurrence seems to endorse my recently-expressed view that senior circuit judges should not be issuing opinions in matters as to which they do not possess a vote.

Posted at 15:59 by Howard Bashman

Sixth Circuit Judicial Council announces its decision on claims of judicial misconduct in the handling of University of Michigan racial preferences in student admissions cases: You can access today’s decision at this link. It’s not every day that Sixth Circuit Judge Julia Smith Gibbons, who joined that court in late July 2002, gets to serve as Acting Chief Judge. Judicial Watch, the organization that initiated the judicial misconduct proceedings, has issued a press release concerning today’s decision, and that press release is available here.

Update: The press release from Judicial Watch seems to suggest that the Judicial Council has upheld or left undisturbed findings of judicial misconduct against Sixth Circuit Chief Judge Boyce F. Martin, Jr. in connection with the University of Michigan cases. My reading of the Judicial Council’s ruling, however, causes me to conclude that the council refrained from deciding one way or the other whether Chief Judge Martin committed misconduct or whether the factual allegations that had led to the earlier finding that the record supported an inference of misconduct were or were not well-founded. Admittedly, much reading between the lines is required to understand the council’s ruling, and its lack of clarity is certainly a thing of beauty and perhaps quite intentional.

Posted at 13:29 by Howard Bashman

“Librarians Chafe Under USA Patriot Act”: The Associated Press has this report.

Posted at 13:20 by Howard Bashman

“Bryant case documents hearing going ahead”: CNN.com reports here that “A hearing on whether to unseal court files in the Kobe Bryant sexual assault case will go on as scheduled Thursday, despite a motion from the prosecution for a continuance.”

Posted at 12:05 by Howard Bashman

“GOP Loses Pryor Vote in Senate”: Jesse J. Holland of The Associated Press provides this report.

Posted at 11:50 by Howard Bashman

Must acquit: Will Baude writes that “Small parts of the blogosphere are now roiling with discontent about Tyler Cowen’s place in the Volokh Conspiracy.” On the other hand, I sometimes have readers email to complain that my blog is too interesting and that it prevents them from getting important other stuff done. Such readers might welcome my inviting in of a co-blogger whose posts they could blithely ignore. (P.S. I don’t mean to imply that Tyler’s posts are never interesting; for example, I found this to be interesting.)

Posted at 11:38 by Howard Bashman

The U.S. Senate has failed to invoke cloture in the debate over the nomination of William H. Pryor, Jr. to serve on the U.S. Court of Appeals for the Eleventh Circuit: This morning’s vote was 53 in favor of cloture, and 44 against. Sixty votes “for” are necessary to invoke cloture. Filibuster number three is officially underway. Update: You can now access the official roll call vote tally at this link.

Posted at 10:31 by Howard Bashman

“Judging judges: Conservatives, Catholics needn’t apply.” Today’s edition of The Union Leader of Manchester, New Hampshire contains this editorial.

Relatedly, the cloture vote on Eleventh Circuit nominee William H. Pryor, Jr. has just begun. Stay tuned for the result.

Posted at 10:06 by Howard Bashman

“‘Progressive’ Lawyers Organize in D.C.” Gina Holland of The Associated Press has this report.

Posted at 09:45 by Howard Bashman

U.S. Senate begins hour of debate preceding cloture vote on nomination of William H. Pryor, Jr. to the U.S. Court of Appeals for the Eleventh Circuit: You can watch the debate live online now at this link, and stay tuned for the cloture vote scheduled to follow at 10 a.m. this morning.

Posted at 09:01 by Howard Bashman

“Must U.S. Supreme Court Nominees First Serve on Federal Courts of Appeals? The Case of Janice Rogers Brown.” Law Professor Trevor Morrison has this essay today at FindLaw. Update: A reader emails to observe that the article contains a rather significant error about the Chief Justice’s judicial experience before joining the U.S. Supreme Court.

Posted at 08:15 by Howard Bashman

“Plaintiffs to get $6.54 each in Bakker lawsuit”: This article appears in today’s issue of The Asheville Citizen-Times. Here’s hoping that none of the plaintiffs expected to clear enough cash to purchase a Bobble-Chief on eBay.

Posted at 08:11 by Howard Bashman

“Senator bends rule for judge; Michigan nominee is given U.S. hearing”: Today’s issue of The Detroit Free Press contains this report.

Posted at 06:30 by Howard Bashman

On the agenda: This morning, Senate Republicans will attempt for the first time to end the filibuster preventing confirmation of Eleventh Circuit nominee William H. Pryor, Jr. According to page 2 of this PDF document, on unanimous consent in the U.S. Senate, it is:

Ordered, That at 9:00 a.m. on Thursday, July 31, 2003, the Senate begin debate in relation to the cloture motion, on the nomination of William H. Pryor, Jr., of Alabama, to be United States Circuit Judge for the Eleventh Circuit, for 60 minutes with the time equally divided between the Chairman of the Committee on the Judiciary (Mr. Hatch) and the Ranking Member (Mr. Leahy) or their designees; provided further, that at 10:00 a.m. the Senate vote on the motion to invoke cloture.

Stay tuned here for complete coverage.

Posted at 06:25 by Howard Bashman

Available in today’s edition of The Montgomery Advertiser: You can access here an article entitled “Democrats maneuver to delay Pryor vote” and here an article entitled “Judge slows display removal.”

Posted at 06:21 by Howard Bashman

“Saad nomination stalls amid finger-pointing”: This article appears in today’s issue of The Washington Times.

Posted at 06:20 by Howard Bashman

“Pryor Faces Filibuster Threat in Senate”: Jesse J. Holland of The Associated Press has this report.

Posted at 06:18 by Howard Bashman

Available online at law.com: Shannon P. Duffy reports here that “Smokers’ Antitrust Challenge Rejected; Both companies, state officials protected by ‘Noerr-Pennington'” and here that “Suit Over Litigation Tactics Revived; Immunity finding is rejected in abuse of process case.” Jonathan Ringel reports here that “Lawyers Gauge Effect of Sheriff Immunity Ruling.” Finally, an article reports that “Picketing Off-Duty County Employee Not Protected by First Amendment.”

Posted at 00:06 by Howard Bashman

“Battle Over Judges Continues; Michigan Senators Object to Four Nominees for Appeals Court”: Thursday’s edition of The Washington Post will contain this article. And Thursday’s edition of The Atlanta Journal-Constitution reports here that “Black leaders in state divided over Bill Pryor; Fight over Bush judicial pick just 1 of several.”

Posted at 23:59 by Howard Bashman

“Court orders monument removed; Alabama justice may have 15 days to take down Commandments”: Tomorrow’s issue of The Atlanta Journal-Constitution contains this report.

Posted at 23:56 by Howard Bashman

Elsewhere in Wednesday’s newspapers: The Los Angeles Times reports here that “Mistrial Declared in Inglewood Police Case; An ex-officer was charged with assault for slamming a youth onto a car trunk and hitting him. Partner is cleared of writing a false report.” An article reports that “Bryant Prosecution Adds Personnel, Money.” Tim Rutten’s “Regarding Media” column today is entitled “Restraint is essential in covering assaults; The life of the law, as Justice Holmes once said, is experience.” An editorial is entitled “Bring ‘Papa’ Back for Ill Boy.” And David Shaw has an essay entitled “I’ll have three Big Macs, two large fries and a lawyer.”

The Boston Globe reports here that “LA officer’s beating trial ends in hung jury; Verdict met calmly as leaders issue call to reject violence.” And in local news, “Student journalists are suing Harvard.”

The Washington Times reports here that “Homosexuality seen as accepted by media.”

Finally for now, Law Professor Jonathan Turley has an op-ed in USA Today entitled “Don’t let jobs grow on family trees.”

Posted at 23:33 by Howard Bashman

Chief Justice Rehnquist bobblehead doll ends up fetching $320 on eBay: The auction has ended. In a world of inflated lawyer salaries and amazingly high legal fees (it’s true, I can’t afford myself), nothing surprises me any more when it comes to money.

Posted at 23:30 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Energy Debate Stalled by Judge Dispute”; here “Pressure Building to Settle Indian Suit”; here “Justice Dept. Honors Terror Prosecutors”; here “D.A. to Seek Retrial in Police Video Case”; here “Court: Laci Peterson Files Stay Sealed”; here “Pardons Recommended in Texas Drug Cases”; and here “Senator Holds Up Nominee in River Dispute.”

Posted at 21:40 by Howard Bashman

Salvaging a cite at “How Appealing”: Short of quoting Dr. Seuss or engaging in a lengthy exegesis over whether something can simultaneously be a rock and an island, how might one go about getting an otherwise mundane opinion cited here at “How Appealing”? Let me just say that Ninth Circuit Judge Ronald M. Gould was on the right track when he began an opinion today by tracing the history of salvage rights back to the fourth century B.C.

Posted at 21:29 by Howard Bashman

“Rape Nuts: Kobe Bryant’s trial will showcase our mixed-up rape laws.” Dahlia Lithwick has this essay just posted online at Slate. In other news, I declare the official court Web site devoted to People v. Bryant to be suitably boring.

Posted at 19:24 by Howard Bashman

“From Lafayette to the federal bench”: This article appears in today’s issue of The Virginia Gazette.

Posted at 19:00 by Howard Bashman

“Panel Democrats Shrug at Bush Nominee”: FOXNews offers this article, which begins “President Bush’s judicial nominee Henry Saad appeared before the Senate Judiciary Committee Wednesday but faced no questioning from panel Democrats.”

Posted at 18:58 by Howard Bashman

“Tax Court Nominee Used Improper Deductions”: The Associated Press provides this report.

Posted at 18:54 by Howard Bashman

Available online from National Journal: Jonathan Rauch has an essay entitled “The Supreme Court Ruled for Privacy–Not for Gay Marriage. In Lawrence v. Texas, the Court didn’t create a new right. It just said it wasn’t kidding about an old one.” And Stuart Taylor Jr. has an essay entitled “Guantanamo: A Betrayal of What America Stands For. Bush has deprived hundreds of quite possibly innocent men of liberty for far too long.”

Posted at 17:25 by Howard Bashman

The U.S. Senate‘s Republican Policy Committee examines “The Threat to Marriage from the Courts”: This 12-page policy paper (PDF file) issued yesterday looks to be an interesting read.

Posted at 16:53 by Howard Bashman

“GOP Fails to Move Hispanic Nominee”: Jesse J. Holland of The Associated Press has this report. Tomorrow it will be Eleventh Circuit nominee William H. Pryor, Jr.‘s turn to lose a cloture vote, and then Ninth Circuit nominee Carolyn B. Kuhl will have her turn on Friday. For Pryor and Kuhl, those will be the very first cloture votes their nominations have endured. It will be interesting to see how many votes shy of cloture each turns out to be.

Posted at 16:41 by Howard Bashman

“School courts shame in case against f-word”: Denver Post columnist Diane Carman today has this essay about a court filing that I mentioned here the other day.

Posted at 16:19 by Howard Bashman

Controversy in Portland, Oregon over proposed renovations to the Pioneer Courthouse: Law Professor Jack Bogdanski has details here at “Jack Bog’s Blog.”

Posted at 16:08 by Howard Bashman

“Twist Comic Book Case Sent Back to Trial”: The Associated Press provides this report. And the blog “Sophoristically Speaking” offers some more details, plus a link to the ruling, here.

Posted at 15:51 by Howard Bashman

Bobble-Chief: Thanks to Law Professor Joe Miller, today I had the pleasure of seeing in person for the very first time one of the limited edition Chief Justice Rehnquist bobblehead dolls. That book the Chief is holding is volume 529 of United States Reports. What I believe to be the first eBay auction of a Bobble-Chief is due to wrap-up this evening, and the price has remained stalled at $255 for days now. Will a bidding war break out in the final moments? Only time will tell.

Posted at 15:45 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Judge: Ex-POWs Cannot Access Iraqi Assets” (plus, view the ruling itself at this link) and here an article entitled “ACLU, Arab Groups Challenge Patriot Act.”

Posted at 15:38 by Howard Bashman

Third Circuit affirms dismissal of suit alleging that Pennsylvania’s participation in the multi-billion dollar national tobacco settlement violates federal statutory and constitutional law: You can access today’s ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 15:07 by Howard Bashman

The U.S. Senate has again failed to invoke cloture on the debate over the nomination of Miguel A. Estrada to serve on the U.S. Court of Appeals for the D.C. Circuit: This afternoon’s vote was 55 in favor of cloture, and 43 against. Sixty votes “for” are necessary to invoke cloture. Update: You can now access the official roll call vote tally at this link. In case anyone is curious, none of the seven cloture votes on this nomination has produced more than 55 votes in favor of cloture.

Posted at 14:09 by Howard Bashman

The Ninth Circuit delivers more bad news for police patrol supervisor Ben Chavez: Back on May 27, 2003, the U.S. Supreme Court ruled, in a decision you can access here, that Chavez was entitled to qualified immunity on a claim alleging violation of an arrestee’s Fifth Amendment rights. Although Justice Clarence Thomas delivered the Court’s lead opinion on that point, Justice David H. Souter delivered a separate opinion, one paragraph of which also represented the opinion of the Court.

That one paragraph from Justice Souter allowed the Ninth Circuit on remand to consider whether the Chavez was entitled to qualified immunity on the arrestee’s substantive due process claim. Today, a unanimous three-judge panel of the Ninth Circuit ruled, in a very short per curiam order you can access here, that Chavez is not entitled to qualified immunity on the arrestee’s Fourteenth Amendment substantive due process claim.

Posted at 13:49 by Howard Bashman

The U.S. Senate is currently in the midst of voting on the seventh Miguel A. Estrada cloture motion: Stay tuned for the outcome.

As for today’s confirmation hearing for Sixth Circuit nominee Henry W. Saad, I am reliably advised that no Democratic U.S. Senators asked any questions of him. While sometimes that can be a positive sign, I don’t view it as such in this instance.

Posted at 13:36 by Howard Bashman

“Ill. Judges Fight for Pay Raises”: The Associated Press provides this report.

Posted at 13:16 by Howard Bashman

What do Michigan’s U.S. Senators want in exchange for allowing Sixth Circuit nominees from Michigan to be confirmed? The statements from both of Michigan’s U.S. Senators at today’s Senate Judiciary Committee hearing have just concluded. They are asking that the White House agree to use a bipartisan commission to recommend candidates from Michigan to serve on the Sixth Circuit. Whatever the merits and/or demerits of that proposal, it is impossible for the White House to agree to that procedure without withdrawing the four nominees whom the White House has already put forward. And I just don’t see that happening. What today’s hearing has suggested, however, is that the Democratic leadership in the U.S. Senate likely will be supporting Michigan’s Senators on this point. If that proves to be correct, then expect the current stalemate to continue.

Posted at 11:47 by Howard Bashman

“Bush Shuns Calls to Legalize Gay Marriage”: The Associated Press offers this report.

Posted at 11:40 by Howard Bashman

“Judging the Courts: Ninth Circuit strikes out.” Susan Blake and Charles Hobson had this op-ed in yesterday’s issue of The San Francisco Chronicle.

Posted at 11:06 by Howard Bashman

The Senators from Michigan are about to speak at today’s Senate Judiciary Committee hearing: You can listen live here. Today’s consideration of Sixth Circuit nominee Henry W. Saad is taking place despite the fact that both U.S. Senators from Michigan have returned negative blue slips as to him (and the three other Michigan-based Sixth Circuit nominees). Update: Senator Carl Levin (D-MI) has begun his remarks at 11:22 a.m.

Posted at 10:54 by Howard Bashman

Also available at National Review Online: Matthew J. Franck has an essay entitled “All I Really Need to Know About Law I Learned in Kindergarten: Wrongheaded analysis of Scalia’s Lawrence dissent.” And Jack Dunphy has an essay entitled “A Mixed Verdict: There’s peace in L.A., but was there justice?”

Posted at 10:33 by Howard Bashman

For those interested in learning when the U.S. Senate will vote for the seventh time on whether to invoke cloture in the debate over Miguel A. Estrada‘s nomination to serve on the D.C. Circuit: The U.S. Senate’s Web site (see the right-hand column of this page) suggests that the cloture vote will occur early this afternoon.

Posted at 10:08 by Howard Bashman

Both of Michigan’s U.S. Senators are on the agenda to speak at this morning’s Senate Judiciary Committee hearing to consider the nomination of Henry W. Saad to the Sixth Circuit: Meanwhile, the committee’s video hook-up is currently broadcasting country music from a Washington, D.C. radio station. Update at 10:20 a.m.: Sad news for fans of country music (but happy news for fans of Judge Saad) — the video hook-up is now broadcasting live audio of the hearing.

Posted at 10:02 by Howard Bashman

Michigan’s U.S. Senators have failed to prevent David W. McKeague from serving on the U.S. Court of Appeals for the Sixth Circuit: See this ruling posted online today at the Sixth Circuit’s Web site.

Posted at 09:37 by Howard Bashman

“Catholics Need Not Apply? The GOP crosses a line in the fight over the Pryor nomination.” Byron York has this essay today at National Review Online.

Posted at 09:29 by Howard Bashman

News and commentary pertaining to Eleventh Circuit nominee William H. Pryor, Jr.: Today’s edition of The Mobile Register reports here that “Democrats expected to unite against Pryor; Alabama attorney general’s judicial nomination could face Senate filibuster.” Today’s edition of The Birmingham News reports here that “Pryor gets first vote Thursday; Republicans expect Democrat filibuster.” The Montgomery Advertiser today reports here that “GOP nears Pryor showdown” and offers here an editorial entitled “Show nominees more objectivity.”

The Washington Times today reports that “Pryor to be filibustered, Schumer pledges.” Newsday reports here that “Democrats Rebuff Bias Accusations.” And today’s issue of The Baltimore Sun contains an editorial entitled “Injudicious tactics.”

Posted at 07:49 by Howard Bashman

On the agenda: Today at 10 a.m., the Senate Judiciary Committee will begin a confirmation hearing at which Sixth Circuit nominee Henry W. Saad will testify. Because both U.S. Senators from Michigan, the State in which Judge Saad resides, have returned negative Blue Slips as to all Michigan-based Sixth Circuit nominees, this has the potential to be interesting. A live Webcast of the hearing should be available here once the hearing is about to begin.

Also today, the full U.S. Senate is scheduled to vote for a seventh time to invoke cloture in the debate over the nomination of Miguel A. Estrada to serve on the U.S. Court of Appeals for the D.C. Circuit. The unanimous consent order (see page 2 of this PDF document) states:

Ordered, That on Wednesday July 30, 2003, following the vote on Amendment No. 886, the Senate proceed to executive session for 60 minutes of debate on the nomination of Miguel A. Estrada, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit, equally divided between the Senator from Vermont (Mr. Leahy) and the Senator from Kentucky (Mr. McConnell), and that the Senate then vote on the motion to invoke cloture.

Stay tuned throughout the day for complete coverage.

Posted at 07:01 by Howard Bashman

In Wednesday’s newspapers: The Washington Post reports here that “GOP Presses for Votes on Judges; Senate Republicans Force New Vote on One Nominee, but Democrats Vow to Prevail.” A front page article — and the second article in a two-part series — bears the headline “Prosecuting Terror: Enemy Combatant Vanishes Into a ‘Legal Black Hole.'” In other news, “Calif. Jury Deadlocks In Teen Beating; Videotape of Arrest Failed to Persuade.” An article reports that “Judge Orders Man’s Release; Prosecutors Prepare Appeal of Overturned Slaying Verdict.” In other local news, “Visitation Fight Overlaps Va. Slaying Case.” An obituary is entitled “Charles Rhyne; Argued Landmark Voting Case.” And a letter to the editor appears under the heading “Unconstitutional Representation.”

In The New York Times, Adam Liptak reports that “Judge Warns Against Naming the Accuser of Kobe Bryant.” A fascinating article featuring Senior U.S. District Judge Jack B. Weinstein is headlined “Unbelievable Stories (Just Ask the Judge).” An article reports that “New Jersey Court Hears Fight Over $25 Million Lottery Ticket.” From California comes news that “Brutality Trial for Officer Concludes in Hung Jury.” In local news, “Prosecutors Prepare to Indict Brooklyn Judge in Bribery.” In other local news, “Death Penalty to Be Sought in the Killing of 2 Detectives.”

The Christian Science Monitor reports here that “On Chicago streets, cameras are watching; Critics see the trend as an example of privacy rights sacrificed for security.” One editorial is entitled “Pryor Notice,” while another bears the heading “Prison Alternatives.” Finally for now, an op-ed by Susan DeMersseman is headlined “Remembering Kenzo, and still trying to change gun law.”

Posted at 06:32 by Howard Bashman

This Ring is for the future, not the past: An eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit continues to wrestle with the question “May Ring v. Arizona, 122 S.Ct. 2428 (2002) be applied retroactively? Ring overruled Walton v. Arizona, 497 U.S. 639 (1990) to the extent it allows a sentencing judge, sitting without a jury, to find an aggravating circumstance necessary to impose the death penalty.” Meanwhile, today a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit answered that very question in the negative, holding that retroactive application of Ring‘s holding was not allowed on habeas corpus review, in an opinion you can access here.

Posted at 23:15 by Howard Bashman

In the fight against child pornography, “Unknownuser” rides to the rescue again: See this unanimous ruling that a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today. Unknown’s first appearance was in connection with a criminal prosecution that earlier this year produced this decision from the U.S. Court of Appeals for the Eleventh Circuit.

Posted at 23:13 by Howard Bashman

Elsewhere in Tuesday’s newspapers: The Los Angeles Times reports here that “Combatant Loses Bid for Freedom; Court in terrorism case has no jurisdiction since the U.S. has designated Qatari man an enemy. Judge calls government’s move ‘unseemly.'” In other news, “Planned Sequel to Patriot Act Losing Audience; As congressional critics of ‘sneak-and-peek’ searches gain ground, the Justice Department may shelve requests for expanded powers.” An article reports that “Inglewood Is Expected to Take Verdict Calmly; As jurors deliberate on an officer charged in a beating, few people expect civil unrest.” In other local news, “Luster Victim Testifies in Civil Court; The woman, 23, is one of two from the Ventura County criminal trial who are now suing the convicted rapist for damages.” And letters to the editor appear under the heading “Concealing the Names of Alleged Rape Victims.”

USA Today reports here that “Future of gay marriage lies in Mass.; State ruling could help legalize it nationwide.” A front page article reports that “Americans less tolerant on gay issues; Poll indicates backlash.” And you can access here an article headlined “Lives in Eagle, Colo., turned upside down; Teenager, misidentified as the accuser of Kobe Bryant, is horrified to discover her name smeared across the Internet.”

The Washington Times reports here that “House targets judicial ‘errors’ with a new strategy.” Frank J. Murray reports here that “DNA clears death-row inmate of murder.” And an op-ed by Gary J. Andres and Michael McKenna entitled “A question for the left” begins, “While it is clear that the Supreme Court’s recent decision overturning the Texas sodomy law hastens the arrival of the debate about gay marriage, what that discussion will mean in the larger political universe is a little murkier.”

Finally for now, The Boston Globe reports here that “VA nurse drops murder appeal; Cites fear of death penalty if granted a new trial.”

Posted at 22:58 by Howard Bashman

“Ideology and the Courts”: William F. Buckley Jr. has an op-ed bearing this title online here.

Posted at 22:58 by Howard Bashman

“GOP fails third try to force Owen vote”: This article will appear in tomorrow’s edition of The Atlanta Journal-Constitution.

Posted at 22:52 by Howard Bashman

“Dems plan Pryor filibuster; Assail GOP charge of anti-Catholic bias by opponents”: Tomorrow’s issue of The Hill will contain this report.

Posted at 22:33 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Ill. Rape Law Says People Can Change Mind”; here “Ala. Trial of Bombing Suspect Delayed”; here “Feds: Deny Damages to Former Iraqi POWs”; here “Hung Jury in Calif. Police Brutality Case”; and here “Okla. Executes Man Who Bludgeoned Couple.”

Posted at 22:22 by Howard Bashman

“Madigan asks justices to nix raises”: Today’s issue of The Chicago Sun-Times reports here that “Illinois Attorney General Lisa Madigan asked the state supreme court Monday to change its mind about judicial pay raises.”

Posted at 21:04 by Howard Bashman

“Charges may alter opinions of Miss. judiciary; Justice charged with felony steps aside; judicial watchdog still could seek suspension”: Sunday’s edition of The Clarion-Ledger contained this report.

Posted at 21:03 by Howard Bashman

“A view from Alabama: Pryor’s record gets distorted.” Quin Hillyer today has this op-ed in The Shreveport Times. (Via “Southern Appeal.”)

Posted at 17:24 by Howard Bashman

“Pope to MPs: Stop gay marriage. Cauchon undeterred: Vatican directive comes as Commons to hold free vote on new marriage law.” The National Post has this report from Canada.

Posted at 17:22 by Howard Bashman

“Experts say high court should not rehear its decision; Counsel says another impasse unlikely”: This article appears in today’s issue of The Las Vegas Review-Journal.

Posted at 17:16 by Howard Bashman

“Not without my baby: Russian defies deportation.” Tomorrow’s edition of The Sydney Morning Herald contains this report.

Posted at 17:15 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Acceptance of Gay Rights Appears to Stall”; here “Part of Death Penalty Reform Is Vetoed”; here “Highlights of Ill. Death Penalty Reform”; here “Governor Calls Tax Hike Christian Duty”; here “Michigan Paroles 13 Prisoners Too Early”; and here “Calif. Recall Facing 3 Legal Challenges.”

Posted at 16:54 by Howard Bashman

“Horse before cart in recall challenges”: Law Professor Rick Hasen has this op-ed in today’s issue of The Sacramento Bee. Rick also is the author of an amicus brief filed in the Supreme Court of the United States in the BCRA cases.

Posted at 16:47 by Howard Bashman

“Federal judge strikes down portion of state’s recall law”: The Associated Press has this news from California.

Posted at 16:44 by Howard Bashman

Reports of no confirmation hearing this week for Sixth Circuit nominee Henry W. Saad were sadly mistaken: The hearing has officially been rescheduled to take place tomorrow at 10 a.m., according to this announcement just posted to the Senate Judiciary Committee’s Web site. Traditionally, a State’s U.S. Senators appear at the hearing to speak in favor of a nominee from their State. Something tells me not to expect that on Judge Saad’s behalf tomorrow, I’m sad to say.

Posted at 15:54 by Howard Bashman

“Senate Democrats again stop Texas judge’s nomination to federal court”: Jesse J. Holland of The Associated Press has this report. (Attention headline writers — she has already been nominated; it’s the confirmation that’s been stalled in its tracks.)

Posted at 15:49 by Howard Bashman

“Earthjustice Takes to the Airwaves in Opposition to William Pryor Nomination; Earthjustice launches radio campaign urging listeners to oppose nomination of William Pryor”: The full text of the press release, and a link to an audio file of the radio ad, are both accessible here.

Posted at 15:42 by Howard Bashman

Imagine a Web log devoted to debating the topic of same-sex marriage: Well, one actually exists, and you can access it here. (Thanks to Eve Tushnet for the pointer via email.)

Posted at 15:20 by Howard Bashman

“Court Web Site To Devote Page To Kobe’s Case; Judge Issues Order To Reporters”: Denver’s ABC 7 has this report. The Web site won’t be up and running until tomorrow, when it should be accessible via this link.

Posted at 15:02 by Howard Bashman

“GOP sets vote on U.S. judicial nominee; Mich. judge caught in Democrats’ objections”: This article appears in today’s issue of The Detroit Free Press. The article’s headline is, dare I say, sadly mistaken in stating that a vote has been scheduled, when in fact all that will be occurring this week is a confirmation hearing on the nominee in question.

Posted at 13:52 by Howard Bashman

“Judge lashes native-only fisheries; Charges against 130 non-native fishermen tossed out because rights were violated”: The Province provides this report from Vancouver.

Posted at 13:45 by Howard Bashman

The U.S. Senate has failed to invoke cloture on the debate over the nomination of Priscilla R. Owen to serve on the U.S. Court of Appeals for the Fifth Circuit: The vote was 53 in favor of cloture, and 43 against. Sixty votes “for” are necessary to invoke cloture. Update: You can now access the official roll call vote tally at this link.

Posted at 12:54 by Howard Bashman

“Are Bill Pryor’s Opponents Anti-Catholic Bigots?” “Juan Non-Volokh” addresses that question here.

Posted at 12:48 by Howard Bashman

“Illinois Overhauls Death Penalty Law”: The Associated Press has the story here.

Posted at 12:41 by Howard Bashman

“Judge: State can’t charge for abortion literature.” The Birmingham News provides this report from Alabama.

Posted at 12:37 by Howard Bashman

“Experts: Use of religion in Pryor debate something new; Supporters charge that foes have singled out judicial nominee because of his Catholic beliefs.” This article appears in today’s issue of The Mobile Register.

Posted at 12:32 by Howard Bashman

“Leaders to fight for monument”: Today’s issue of The Montgomery Advertiser reports here that “With the likely court-ordered removal of the Ten Commandments monument drawing near, religious leaders on Monday called for large-scale civil disobedience to stop the display from being taken from the state Judicial Building.”

Posted at 12:29 by Howard Bashman

Voting on the Owen cloture motion has just begun: Results should be available sometime soon.

Posted at 12:22 by Howard Bashman

The U.S. Senate has begun its consideration of a motion to invoke cloture on the debate over whether Priscilla R. Owen should be confirmed to the Fifth Circuit: This is the third attempt to invoke cloture to allow a vote on the merits of the Owen nomination. The cloture vote is scheduled to begin at 12:15 p.m. today, and sixty votes are required to invoke cloture. You can watch the debate at this link, via C-SPAN2.

Update: Did U.S. Senator John Cornyn (R-TX) just quote blogger James Lileks in support of Justice Owen’s confirmation? I think so.

Second update: U.S. Senator Patrick J. Leahy (D-VT) has just stated that when the Senate confirms someone like Sixth Circuit Judge Jeffrey S. Sutton by a mere 52 votes “for,” it sends the wrong signal to the people residing in the circuit in question. In fairness, though, I must note that there were only 41 votes “against.”

Posted at 11:23 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Calif. Recall Try Faces Legal Challenges”; here “Pa. Gov. Bars Gender ID Discrimination”; here “Mormon Church Controls Salt Lake Block”; here “Lawyer Suspended for Client Sexual Contact”; and here “Dems Flee to Protest Texas Redistricting.”

Posted at 10:28 by Howard Bashman

“Moral Federalism and H.R. 760: What’s wrong — and right — with the House ban on partial-birth abortion.” Kimberly Hendrickson yesterday had this essay at National Review Online.

Posted at 08:55 by Howard Bashman

No nukes: The Hill today reports here that “Senate Republican leaders have shelved their plans to exercise a ‘nuclear option’ to break free stalled judicial nominees — at least for now.”

Posted at 08:41 by Howard Bashman

“Death-row case could be DNA first; It would be the first Pennsylvania death sentence overturned by such evidence. Prosecutors haven’t agreed yet.” Today’s issue of The Philadelphia Inquirer contains this report.

Posted at 08:39 by Howard Bashman

It’s better to be pissed-off than . . . . The Toledo Blade today reports here that “Suspended employee sues county over sticker; Free-speech issue, or is it ‘offensive’?”

Posted at 08:24 by Howard Bashman

“Governor stalls execution; DNA will be tested. Darnell Williams had been scheduled to die Friday for 1986 murder of Gary couple.” This article appears today in The Indianapolis Star.

Posted at 08:20 by Howard Bashman

“Norman Roettger, judge, dies at 72; Sat on federal bench 31 years”: Today’s issue of The Miami Herald contains this obituary.

Posted at 08:19 by Howard Bashman

“Study sees racial bias in courts; Blacks face harsher time, scholars say”: The Courier-Journal today provides this news.

Posted at 08:15 by Howard Bashman

“Allegheny County Courthouse can keep Ten Commandments posted”: Today’s issue of The Pittsburgh Post-Gazette contains this report.

Posted at 08:12 by Howard Bashman

“Senate may fill vacancy on busy Appeals Court; 16-member panel has four openings, backlog of cases”: This article appears in today’s issue of The Detroit News.

Posted at 06:22 by Howard Bashman

“US judge rules venue wrong in detainee’s case”: Reuters provides this report. And The Associated Press has an article headlined “Judge: Case involving ‘enemy combatant’ belongs in S.C.”

Posted at 06:20 by Howard Bashman

In Tuesday’s newspapers: In The New York Times, Adam Liptak reports that “U.S. Fights Verdict Backing Ex-P.O.W.’s.” An article headlined “Bush Takes On Challenge of Trying to Woo Black Voters” mentions the issue of judicial selections. In other news, “Justices in Illinois Order Increases in Their Salaries.” An article reports that “Father Asks To See Son Held by U.S.” You can access here an article headlined “A Suicide or a Lynching? Answers Sought in Florida.” In news from New Jersey, “School District Is Held Liable For Principal.” An editorial is entitled “More Conservatives for the Courts.” And a letter to the editor appears under the heading “The Moussaoui Case.”

In The Washington Post, you can access here a front page article (and the first of a two-part series) entitled “Prosecuting Terror: No Choice but Guilty — Lackawanna Case Highlights Legal Tilt.” A Style section article entitled “Justice Executed, Texas-Style” concludes, “After reading Berlow’s article, and Wassdorf’s letter, it’s hard not to conclude that both Gonzales and Bush were rather callous, even cavalier, about the most profound decision any government official can make — the decision to kill another human being.” An article reports that “Indiana Governor Delays Execution for DNA Testing.” In other news, “Group Sues for Access to Experimental Drugs.” In local news, “Ruling on Rosecroft Raceway Deal Appealed” and “Death Penalty Sought in Deputies’ Slayings; Adelphi Man’s Attorneys Mount Insanity Defense.” And Metro columnist Marc Fisher has an essay entitled “A Portrait Of Injustice in Black and White.”

The Christian Science Monitor reports here that “Utah law tests limits of gun culture in West.” Even Yale University must market itself is the conclusion of an article headlined “Applicants at the gates.” And an op-ed by Geneva Overholser is entitled “Name accuser as well as accused in rape cases.”

Posted at 00:23 by Howard Bashman

Tomorrow Senate Republicans attempt for a third time to end the filibuster preventing confirmation of Fifth Circuit nominee Priscilla R. Owen: According to page 2 of this PDF document, on unanimous consent in the U.S. Senate, it is:

Ordered, That at 11:15 a.m. on Tuesday July 29, 2003, notwithstanding Rule XXII, there be one hour of debate divided equally between the Chairman of the Committee on the Judiciary (Mr. Hatch) and the Ranking Member, (Mr. Leahy) or their designees; further, that at 12:15 p.m. the Senate proceed to the vote to invoke cloture on the nomination of Priscilla Richman Owen, of Texas, to be United States Circuit Judge for the Fifth Circuit.

Stay tuned here for complete coverage tomorrow.

Posted at 23:11 by Howard Bashman

Another glimmer of hope for Saad: Only time will tell whether Sixth Circuit nominee Henry W. Saad will receive a hearing from the Senate Judiciary Committee before I run out of puns about him for blog post titles. Tonight a law professor based in Ann Arbor emails:

Word on the Michigan street is that Judge Henry Saad and the district court nominees who originally were set for hearing before the Senate Judiciary Committee tomorrow (Tuesday) will go on Wednesday instead. I’m not sure why the notice isn’t posted yet on the Judiciary Committee’s page. But you’ll see that this Wednesday’s hearing on the Equal Opportunity to Govern Amendment has been marked as postponed, and a business meeting was just noticed today for Thursday, July 31. The apparent plan is to hear the nominees on Wednesday and then have a Committee vote on Thursday. Of course, we can expect the Committee Democrats to push Saad back until the next meeting, which won’t be scheduled until after the August recess. So no chance of a confirmation vote (and filibuster) until September.

I’m not predicting a filibuster for Judge Saad, but I’ve probably been wrong before.

Posted at 22:44 by Howard Bashman

Available online at law.com: Jonathan Ringel reports that “U.S. House Takes On Ten Commandments Ruling; Case prompts ‘power of the purse’ arguments.” From New York comes word that “Government Argues Jose Padilla Has Few Rights.” In other news, “DOJ Seeks Dismissal of POW Award Against Iraq.”

In The National Law Journal, Marcia Coyle has an article headlined “Can this wine travel? State trade bans could be headed for the Supreme Court.” In other news, “Two setbacks for lawsuit financing; But the practice is still alive and well.” An essay by Peter A. Steinmeyer is entitled “California Spammin’ — Opening the e-mail spigot.” And Deborah L. Rhode has an essay entitled “Ladies Day — Beyond just potty parity.”

Posted at 22:37 by Howard Bashman

Person, place, or thing: “The Indiana Law Blog” reports here that Indiana’s highest court has answered the Seventh Circuit‘s certified question requesting the definition of the word “person” as used in that State’s political advertising statute.

Posted at 22:31 by Howard Bashman

“Pryor tightens lips, but loosens his belt a little”: This article appears in today’s issue of The Montgomery Advertiser.

Posted at 22:28 by Howard Bashman

Elsewhere in Monday’s newspapers: Today’s issue of The Boston Globe contains an editorial entitled “Pryor’s bad-faith backers.”

In The Washington Times, Frank J. Murray reports that “Justice fights to keep Clinton monument edicts intact.” And in other news, “Malvo attorneys call brainwashing theory backed.”

In USA Today, an article reports that “Gay rights tough to sharpen into political ‘wedge issue’; Shifting attitudes highlight risks for both parties.”

In The Los Angeles Times, Michael Hiltzik’s “Golden State” column today is entitled “Complicated Milk-Pricing System Leaves a Sour Taste.” And an op-ed by Thomas Vanes is entitled “Let DNA Close Door on Doubt in Murder Cases; Before a prisoner is executed, justice often demands that critical test.”

Posted at 22:26 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Jury Rejects Some Smokers’ Claims in La.” and here an article entitled “Democratic Lawmakers Flee Texas Again.”

Posted at 20:53 by Howard Bashman

Alleged prosecutorial misconduct: Two instances of alleged prosecutorial misconduct are worth mentioning this evening. First, Seventh Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, today issued a very interesting decision in a habeas corpus appeal. According to Judge Posner’s opinion:

Smith, who is black, contends that he was denied due process of law at his criminal trial because of prosecutorial misconduct during selection of what turned out to be an all-white jury. He contends that during the jury voir dire the prosecutor drew swastikas on the case files that were lying on the counsel table in front of him and that his action was visible to the jury; that the judge summoned both counsel to the bench to admonish the prosecutor; and that the prosecutor said to the judge in the hearing of the jury, “Is it all right if I draw a little old lady and a house?” There is no corroboration of these contentions, but for the moment we shall assume that they are true.

Smith was convicted of felony murder following the killing of a little old lady in a house. In any event, Judge Posner’s opinion later gives several reasons why the Seventh Circuit has decided to affirm the denial of habeas relief:

The first is that he has failed to substantiate his allegations of prosecutorial misconduct. Ordinarily an affidavit alleging matters that are both within the personal knowledge of the affiant and germane to a vital issue creates a genuine issue of material fact, but not where the allegations are so far improbable as to verge on the fantastic and could if true be corroborated but no effort at corroboration is made. Smith should long ago have sought supporting affidavits from his trial counsel, the trial judge, and the jurors. His failure to do so, when coupled with the fact that the trial transcript provides no support for his allegations, is strongly suggestive of fabrication. It is highly unlikely that a prosecutor however unscrupulous would suppose that his cause would be advanced by exhibiting swastikas to prospective jurors. Nazis are not popular in Illinois and a prosecutor who identified himself as one to jurors would be impairing rather than promoting the likelihood of a conviction.

In the conclusion to his opinion, Judge Posner writes [all case cites have been omitted]:

We are mindful that a prosecutorial tactic that invokes or relies on racial prejudice, such as striking prospective jurors on racial grounds, is reversible error without regard to the effect on the outcome. But if the alleged displaying of swastikas to jurors be deemed a racist tactic, on the ground that Nazis are notoriously racist, still the appeal to racial prejudice was too attenuated to preclude a determination of harmless error under the normal standard applicable to state trial errors challenged by means of federal habeas corpus. It is not as if the prosecutor had been wearing a white hood and singing “The Old Rugged Cross.” A prejudiced remark or its symbolic equivalent is not a per se ground for reversal, as the cases we have just cited show and others as well. Even if as we doubt the swastika incident actually occurred, still it was harmless so far as the outcome of the trial was concerned.

In a totally unrelated matter, those whom the failed NBC series A.U.S.A. rubbed the wrong way (see my post from February 2003 for one reader’s quite unfavorable review) will see in this news report from Seattle that they are, so it is alleged, not alone. (Link to news report via “Sugar, Mr. Poon?“)

Posted at 19:57 by Howard Bashman

“Felonious Bunk: Why ex-cons should be given the vote.” Matt Welch has this essay online at Reason.

Posted at 18:11 by Howard Bashman

“GOP to Push Most of Their Court Nominees”: Jesse J. Holland of The Associated Press has this report.

Posted at 18:10 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Mo. Death Row Inmate Released From Jail” and here an article entitled “Two Dozen Join Rally for Deported Woman.”

Posted at 17:22 by Howard Bashman

Mimicry and mockery: So “Crescat Sententia” merits a blog devoted to mimicking and mocking it? Well, in this post from the blog whose name I can’t repeat here, you’ll even find (if you scroll down far enough) discussion of the Bill Pryor confirmation debate.

Posted at 16:30 by Howard Bashman

“New Lawsuit Being Filed in California Supreme Court over Including the Ward Connerly Initiative on the Same Ballot as the Recall”: Law Professor Rick Hasen has details here at the “Election Law” blog.

Posted at 15:33 by Howard Bashman

En banc Eleventh Circuit again considers Georgia sheriffs and liability under the federal civil rights statute: For the second time this month (see here for the earlier en banc ruling in the other case), today a sharply divided en banc U.S. Court of Appeals for the Eleventh Circuit has considered the liability of sheriffs in Georgia for damages under 42 U.S.C. sec. 1983. Today’s en banc majority opinion begins:

In this sec. 1983 excessive force case, Willie Santonio Manders sued Sheriff Winston Peterson in his official capacity for injuries allegedly caused by the Sheriff’s use-of-force policy at the jail and failure to train and discipline his deputies in that regard. We conclude that Sheriff Peterson functions as an “arm of the State” in establishing use-of-force policy at the jail and in training and disciplining his deputies in that regard, and is entitled to Eleventh Amendment immunity for these particular functions. Thus, we reverse the district court’s denial of summary judgment for Sheriff Peterson.

You can access today’s complete decision, including the dissenting opinions, at this link.

Posted at 15:18 by Howard Bashman

“The Smoking Gun” Web site announces the winner of its “prestigious 2003 Legal Document of the Year award”: The winner is not for the faint of heart, because in it the Colorado State Public Defender’s office provides what possibly may be the most comprehensive history of the “F-word” one could ever hope to find.

Posted at 14:57 by Howard Bashman

Denise Howell invokes Lady Liberty in the cause of “20 questions for the appellate judge”: You can access her very kind post here.

Posted at 14:35 by Howard Bashman

Divided Ninth Circuit panel rejects First Amendment challenge to Arizona law that requires sexually-oriented businesses to close at 1 a.m. each day: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 14:20 by Howard Bashman

Who can explain this for me? It’s rare that a procedural oddity in a case pending in a federal appellate court throws me for a loop, but today it has happened. Back on February 25, 2003, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision in which the court held that a prison reception center’s housing policy, which uses race as one factor in assigning a new inmate’s initial cell mate for 60 days, does not thereby violate the U.S. Constitution’s equal protection clause. (You can access my original report on that ruling at this link.)

Today the Ninth Circuit issued an order denying a petition for rehearing en banc in that case over the recorded dissents of four judges. One of those four judges wrote a dissenting opinion in which the other three joined. My difficulty is that the author of the dissenting opinion and one of the three judges joining in it are Senior Status Ninth Circuit judges who were not on the original three-judge panel and who had no ability, under the governing federal statute, to participate in a vote on whether or not to grant rehearing en banc.

Ninth Circuit General Order 5.1.(b)(3) provides:

The en banc coordinator will record the en banc votes and circulate the final tally to the court. Orders rejecting or accepting cases for en banc consideration shall not specify the vote tally. Any judge eligible to vote may direct that his or her dissent from a failure to accept a case for en banc consideration be incorporated in the order.

The clear implication from that rule is that judges not eligible to vote on whether to grant rehearing en banc are not entitled to note their dissent from an order denying rehearing en banc. In any event, I’m not sure that I have ever seen a senior circuit judge who was not on the original three-judge panel file a dissent from a denial of rehearing en banc. Am I missing something here, and, if not, what’s going on?

Posted at 13:28 by Howard Bashman

“N.Y. to Open 1st Public Gay High School”: The AP has this report.

Posted at 13:27 by Howard Bashman

“Telemarketers Sue Over Do-Not-Call List”: The Associated Press provides this coverage.

Posted at 12:37 by Howard Bashman

“Gay-marriage debate simmers: The Supreme Court has overturned anti-sodomy laws, but experts say it may take decades for the struggle over nuptials to reach a resolution.” Yesterday’s issue of The Chicago Tribune contained this report.

Posted at 12:02 by Howard Bashman

“Republicans see win-win with Saad”: This article appears in today’s issue of The Washington Times.

Posted at 11:39 by Howard Bashman

In significant prisoners’ civil rights ruling, divided Sixth Circuit panel holds that a prisoner’s untimely attempt to exhaust remedies available under prison grievance system sufficiently exhausts such remedies so as to allow federal court to consider merits of prisoner’s civil rights complaint: Today a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued a very significant ruling concerning prisoners’ civil rights claims. Circuit Judge Karen Nelson Moore‘s opinion for the court begins:

Congress’s passage of the Prison Litigation Reform Act (“PLRA”) was an attempt to curb rampant prison litigation in the federal courts, but its enactment did not erode the role of the federal courts as vindicators of federal rights. The PLRA explicitly requires an inmate seeking to challenge prison conditions in federal court to exhaust any available administrative remedies, but the statute’s text does not condition access to the federal courts on satisfying the procedures and timelines of prison administrators. Thus, this case turns not on whether exhaustion is required, the answer to which is well settled, but on what exhaustion requires. We answer that question in light of Congress’s purpose in passing the PLRA and Supreme Court precedent regarding the exhaustion doctrine’s oft-stated purpose: to give prison officials the first opportunity to address inmate complaints according to their rules and procedures without letting those timetables dictate the outcomes of sec. 1983 actions. Accordingly, we hold that so long as an inmate presents his or her grievance to prison officials and appeals through the available procedures, the inmate has exhausted his or her administrative remedies, and a prison’s decision not to address the grievance because it was untimely under prison rules shall not bar the federal suit.

Circuit Judge Ronald Lee Gilman issued a concurring opinion that states toward its outset:

To begin with, I must confess that I find the question of whether a prisoner must comply with the prison’s administrative deadlines as a precondition to filing a sec. 1983 action in federal court to be extremely difficult. I have indeed flip-flopped on this issue during the course of extensive deliberations with my two erudite colleagues, no doubt to the frustration of them both. The assertiveness of Judge Rosen’s opinion is more than sufficient to give anyone pause, especially his accusations that we have issued an “invitation to chaos and delay” (Dissenting Op. at 30), “abandon[ed] all notions of judicial restraint” (id. at 31), provided “a classic example of judicial meddling” (id. at 31), and engaged in “thinly-veiled policymaking” (id. at 32). In the end, however, I find that these sweeping generalizations generate more heat than light, and that his position is actually the more “activist” in an expansive interpretation of the PLRA beyond Congress’s language and the Supreme Court’s precedents.

District Judge Gerald E. Rosen of the U.S. District Court for the Eastern District of Michigan sat by designation on the panel and issued an opinion dissenting in part that begins:

With one bold stroke, the lead opinion stands much of this Circuit’s existing precedent on administrative exhaustion on its head, holding that administratively established filing deadlines mean nothing in a prisoner’s effort to exhaust his remedies before commencing a sec. 1983 suit. By permitting inmates to thumb their noses at such time limits, the lead opinion thoroughly disables prison grievance systems as meaningful tools for dispute resolution — a result deemed unacceptable by every other Circuit that has addressed the timeliness issue to date. More importantly, this result is wholly at odds with Congress’s intent in enacting the Prison Litigation Reform Act (“PLRA”) and amending 42 U.S.C. sec. 1997e(a) to establish a strict, mandatory exhaustion requirement for prisoner sec. 1983 suits.

You can access the complete opinion at this link. And while this opinion issued just moments ago, it would seem that rehearing en banc is a distinct possibility.

Posted at 09:45 by Howard Bashman

“Black Like Me: Winks and nods as admissions policy.” Peter N. Kirsanow, a commissioner serving on the U.S. Commission on Civil Rights, today has this essay at National Review Online.

Posted at 09:24 by Howard Bashman

“Court sketching fun for mother-daughter team”: This article appears in today’s issue of The Journal News.

Posted at 09:12 by Howard Bashman

My law firm has revamped its Web site: The archive of my monthly appellate columns has a new address. And attorney bios now feature pictures.

Posted at 08:57 by Howard Bashman

“20 questions for the appellate judge” update: Instead of constantly posting reminders that I am seeking additional federal and state court appellate judges to participate as interviewees in this Web log’s very popular monthly feature “20 questions for the appellate judge,” such reminders will now appear online here only once a month. And those monthly reminders will appear exactly one week before the next installment of the “20 questions” feature is due to be posted online. It just so happens that today is one week before the August 2003 installment of “20 questions for the appellate judge” will appear online here, so this post will be the first monthly reminder that I am seeking additional appellate judge interviewees to participate in the “20 questions” feature.

The “20 questions” feature had its debut in February 2003 with my interview of Fifth Circuit Judge Jerry E. Smith. The March 2003 interviewee was Ninth Circuit Judge Diarmuid F. O’Scannlain. In April 2003, I interviewed Justice Kay B. Cobb of the Supreme Court of Mississippi. My interviewee in May 2003 was Ninth Circuit Judge Andrew J. Kleinfeld. The June 2003 interviewee was Ninth Circuit Judge Michael Daly Hawkins. And, of course, my July 2003 interviewee was Senior Third Circuit Judge Ruggero J. Aldisert.

One week from today, I will be posting online here the August 2003 installment of “20 questions for the appellate judge.” August’s interviewee is Eleventh Circuit Judge Gerald Bard Tjoflat. September’s interviewee will be Federal Circuit Judge William Curtis Bryson. And October’s interviewee will be Eleventh Circuit Judge Stanley F. Birch, Jr.

Because a personalized set of “20 questions” is forwarded to the judicial interviewee midway through the month before his or her interview appears online, it is necessary for me to book interviewees at least one month in advance of the publication date for each interview. And I obtain interviewees when federal or state appellate judges, or their law clerks, email me to volunteer to participate. This method provides each and every federal and state appellate judge with an equal opportunity to take part in the feature. Interviews are scheduled on a first-come, first-served basis, so that the next volunteer will have his or her interview appear online in early November 2003.

I am willing to keep the monthly “20 questions” feature going for as long as there are federal and/or state court appellate judges who are willing to participate as interviewees. However, if a month were to arrive for which there is no interviewee, then the feature will come to a permanent end. And, as explained above, it is necessary for an interviewee to volunteer at least one month before his or her interview appears online. Thus, unless a federal or state court judge volunteers before October 1, 2003 to be the November 2003 participant in “20 questions for the appellate judge,” the October 2003 interview will be the final installment of the “20 questions” feature. As additional volunteer interviewees come forward, I will so note on this Web log. But you won’t have to endure another post requesting volunteers until late August 2003.

Posted at 08:16 by Howard Bashman

Time to round-up a fresh crop of law blogs? Denise Howell of the “Bag and Baggage” blog says yes. You can access here the latest newcomers to Denise’s very comprehensive list of blawgs.

Posted at 06:25 by Howard Bashman

The inaugural American Constitution Society National Convention: A reader emails:

In case you’d like to let your readers know, the inaugural ACS National Convention will be held this weekend.

Here are the details:

The American Constitution Society for Law and Policy First Annual National Convention; Aug 1-3 (Friday-Sunday); Capital Hilton, Washington DC.

Relevant links: general info; brochure (PDF document); speaker schedule; online registration.

The first National Convention features addresses by Justice Ruth Bader Ginsburg and Senator Hillary Rodham Clinton. Janet Reno will also be speaking during weekend, in addition to serving as host of “Janet Reno’s Dance Party” on Saturday night (I kid you not).

Thanks much for sending this along. The list of speakers and other participants is quite impressive.

Posted at 00:41 by Howard Bashman

In Monday’s newspapers: The Washington Post contains an article headlined “Supreme Court Independence, by the Numbers.” A front page article reports that “Immigrants Fear Deportation After Registration; Number of Mideast, Muslim Men Expelled Rises Sharply.” In other front page news, “Legal System Struggles With Dementia Patients.” You can access here an article headlined “Bedtime Stories on Tape, From Prison; Reading Program Gets Mothers Reconnected.” Today’s “Washington Hearsay” column is entitled “There’s Still a Lot of Money to Be Made When a Company Goes Bankrupt.” And an editorial is entitled “All in the Family.”

The New York Times reports here that “Study Finds 2.6% Increase in U.S. Prison Population.” In other news, “As Trial in Taped Beating Nears End in Los Angeles, Groups Join to Prevent Repeated Riots.” Editorials are entitled “The Trial of Zacarias Moussaoui” and “New York’s Fake Conventions.” Law Professors Shaun P. Martin and Frank Partnoy have an op-ed entitled “Want to Vote? Answer This . . . ,” while FCC Chairman Michael K. Powell has an op-ed entitled “New Rules, Old Rhetoric.”

Finally for now, The Christian Science Monitor reports here that “Number of malpractice cases spikes … for pets; Animal owners are suing vets for emotional damages, testing the legal definition of ‘pets’ as property.”

Posted at 00:01 by Howard Bashman

“Senate committee ready to consider Michigan nominee; Panel disregarding Stabenow, Levin stance on matter”: This article appears in today’s issue of The Lansing State Journal. The information conveyed in this news report may no longer be accurate, as I noted last night in a post entitled “Some Saad news.”

Today’s edition of The Lansing State Journal also contains an article about another Sixth Circuit nominee from Michigan entitled “Bush nominee has local support; Appeals court choice is sound, his backers say.”

In a final bit of news relating to the so-called “Michigan four,” The Traverse City Record-Eagle reported here last Tuesday that “TC’s Griffin frustrated by delays in nomination.”

Posted at 23:04 by Howard Bashman

Tonight’s installment of the Decalogue blog: Concerning Alabama, The Birmingham News reports here that “House won’t let marshals take it; Christian groups vow to protest if necessary.” The Associated Press reports here that “U.S. House bill would prevent removal of monument.” And The Montgomery Advertiser today contains an editorial entitled “House disgraces self with amendment.”

Concerning Arizona, today Arizona Republic columnist E.J. Montini has an essay entitled “Stone cold tablets carved by a hack.”

Concerning Indiana, The Palladium-Item reports here that “Dedication is planned; Marker was moved to bank property in June” and here that “Commandments marker rededicated; Richmond: Around 60 gather for event at Wayne Bank and Trust.” And The AP reports that “Marker dedicated after move to bank; Ten Commandments monument had been ordered removed from its spot at courthouse.”

Concerning Kansas, The AP reports that “Ten Commandments to be moved.” And The Kansas City Star contains an editorial entitled “A win for religious freedom.”

Concerning Montana, The AP reports that “Group told monument must go.”

Concerning Pennsylvania, Philadelphia Inquirer columnist John Grogan recently had an essay entitled “Thou shalt not ruin connection to past.”

Concerning the State of Washington, The Seattle Times reports here that “$1 lawsuit filed over Everett’s Ten Commandments.” The AP reports that “Group sues Everett over Ten Commandments display.” And The Daily Herald reports here that “Views split over Everett monument.”

Finally, concerning Wisconsin, The La Crosse Tribune contains an article headlined “Judge: No trial for damages in monument case” and reports here that “Eagles weighing options on monument.”

In the category of general commentary, Slate offers “Summer of Decalogues: When is a Ten Commandments display unconstitutional?” And Hans Zeiger has an essay entitled “The Ten Commandments Exterminators.”

Posted at 19:50 by Howard Bashman

Elsewhere in Sunday’s newspapers: The Los Angeles Times reports here that “Suit Pans Director’s Publicity Stunt; A Ten Commandments tablet used to promote a Cecil De Mille movie is the subject of legal action in Everett, Wash.” You can access here an article headlined “Corporate Reform’s Baby Steps: The law to clean up Wall Street’s worst abuses is getting mixed reviews a year after its enactment. But some elements are a work in progress.” An obituary is entitled “Phil Halpin, 65; Prosecuted ‘Night Stalker,’ ‘Onion Field’ Cases.” In other news, “College Board Scores With Critics of SAT Analogies.” And David Shaw’s “Media Matters” column is entitled “If the accused is named, the accuser should be too.”

Finally for now, in The Washington Times Frank J. Murray reports that “McCain-Feingold’s opponents fight for time in court.”

Posted at 19:17 by Howard Bashman

News that fits: “Juan Non-Volokh” takes issue with Neil A. Lewis’s article in yesterday’s issue of The New York Times reporting on the two most recent D.C. Circuit nominees.

While I’m on the subject, Lewis’s article also failed to note California Supreme Court Justice Janice Rogers Brown‘s condescending attitude toward a certain student law review note, as reflected in her dissenting opinion in a case that addressed the circumstances in which a criminal defendant can be required to wear a stun-belt at trial. I first noted this matter here, back in September 2002. The court’s original opinion in which Justice Brown seemed to take a swipe at St. Mary’s University School of Law of San Antonio, Texas can be accessed here (see page 40 of the PDF file); an amendment to the original opinion deleting that swipe can be accessed here.

Posted at 16:49 by Howard Bashman

“No defense for Pryor’s convictions”: Randy Schultz, editorial page editor for The Palm Beach Post, today has this op-ed in that newspaper.

Posted at 14:55 by Howard Bashman

Does the U.S. Constitution prohibit a state court from disciplining a lawyer for including in an appellate brief a footnote advancing the sort of argument one sometimes finds in a dissenting opinion by Justice Antonin Scalia? The Indiana Law Blog reports here (in a post that supplies all the relevant links) that Justice Scalia and his colleagues are now considering a petition for writ of certiorari raising that very question.

Posted at 14:05 by Howard Bashman

Chapter two: An early draft of Chapter 2 of Seventh Circuit Judge Richard A. Posner‘s new book “Law, Pragmatism, and Democracy” is available online here (48-page PDF document). It makes me wish that I owned a complete copy of the book. It’s at least some consolation that, thanks to my colleague from down the hall, I possess a signed copy of “Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts.”

Posted at 10:59 by Howard Bashman

Eponymous federal courthouses: Apparently there’s no end to the federal courthouses that happen to be named after judges who are still hard at work inside those buildings. My blog entry from last night requesting additional examples has yielded two more responses this morning.

One reader emails, “Senior District Judge William J. Nealon of the Middle District of Pennsylvania has his chambers in the William J. Nealon Federal Building in Scranton, Pa., right up I-81 from Wilkes-Barre and Judge Rosenn’s chambers.” Photos of that building are available here.

Another reader emails, “Construction is nearing completion (now scheduled for October) on the new federal courthouse in Columbia, S.C.: the ‘Matthew J. Perry, Jr. United States Courthouse.’ In that courthouse, Senior District Judge Matthew J. Perry, Jr. will sit.” You can learn more about this courthouse here.

Update: Here are two more. District Judge G. Ross Anderson, Jr. has his chambers in the G. Ross Anderson, Jr. Federal Building and United States Court House in Anderson, South Carolina. And Senior District Judge Lloyd D. George has his chambers in the Lloyd D. George Federal Courthouse in Las Vegas, Nevada (even more info on the building is available here). I appreciate the emails that report on lobbies or grand jury rooms named after currently-serving judges, but the arbitrary rules of this competition only allow for the recognition of names given to entire courthouses. Finally, the email entitled “Chambers’ chambers in Chambers Courthouse,” while cleverly titled, fails to qualify because the judge in question is deceased.

Posted at 10:52 by Howard Bashman

“White House plays favorites with judge job”: Columnists Cary Spivak and Dan Bice had this essay about a forthcoming Seventh Circuit vacancy in yesterday’s issue of The Milwaukee Journal Sentinel.

Posted at 10:36 by Howard Bashman

In Sunday’s newspapers: In The New York Times, Adam Liptak has an article headlined “Defending Those Who Defend Terrorists” in the Week in Review section. In other news, you can access here an article headlined “How to Vote? Let Us Count the Ways.” And letters to the editor appear under the headings “Case Against Pryor Isn’t His Faith” and “Cures for the Malpractice System.”

The Washington Post reports here that “Va. GOP Reclaims Naming Of Judges; Legislators Move To Preempt Warner.”

Finally for now, Walter Olson of Overlawyered.com has an op-ed entitled “The Shakedown State: California trial lawyers turn scandal into gold” online at OpinionJournal.

Posted at 08:04 by Howard Bashman

Headline error: The Web site for California’s KCBS news radio currently contains an article headlined “President Bush Nominates Controversial Candidate to California Supreme Court.” Um, not exactly.

Posted at 07:49 by Howard Bashman

“GOP group plans to turn up scrutiny on federal judges”: Political columnist Todd J. Gillman will have this essay in Sunday’s issue of The Dallas Morning News.

Posted at 23:28 by Howard Bashman

“Judge for all seasons”: Today’s edition of The Capital Times of Madison, Wisconsin contains this profile of Senior Seventh Circuit Judge Thomas E. Fairchild, who is still working at the age of 90. The article states that “Although four other living appeals judges have served a few years longer than Fairchild, his Dec. 25, 1912, birth date makes him the country’s oldest living federal appeals judge, according to federal judiciary Web site records.”

Unfortunately, the claim that Judge Fairchild is now “the country’s oldest living federal appeals judge” is incorrect, because Senior Third Circuit Judge Max Rosenn was born in 1910 and is still getting the job done (and done well), writing opinions and participating vigorously at oral argument. Indeed, Judge Rosenn was 90 years old way back in July 2000 when The Third Branch newsletter featured him in an article entitled “Senior Judges Give New Meaning to ‘Volunteer.'” I’m reluctant even to claim that Judge Rosenn is currently the oldest living federal appellate judge, because I haven’t conducted a search for others who might be even older. However, other “Notable Records of Judicial Service” are available here via the Federal Judicial Center’s Web site.

Update: One of the benefits of remaining a federal judge for many years is that you may end up having the courthouse in which you work named after you. Thus, as this slightly outdated Third Circuit phone directory reveals, Senior Circuit Judge Max Rosenn has his chambers in the Max Rosenn U.S. Courthouse in Wilkes-Barre, Pennsylvania. Does any other federal judge have his or her chambers in a federal courthouse that bears his or her name? As always, responses will be accepted via email.

Second update: Anyone preparing a list of federal judges who work in federal courthouses named after themselves should be sure to include Senior District Judge James Lawrence King of the U.S. District Court for the Southern District of Florida (confirmation available here and here).

Posted at 20:59 by Howard Bashman

And in other federal judicial confirmation-related news: Today’s issue of The Birmingham News reports here that “Debate begins on Pryor.” The Montgomery Advertiser reports here that “Senate opens discussions about Pryor.” The Mobile Register reports here that “Democrats mum on whether they will filibuster Pryor vote; Republicans continue push for Alabama attorney general.” In somewhat related news, Sunday’s issue of The New York Times will contain an article headlined “Accusation of Bias Angers Democrats.”

Finally for now, The Associated Press reports here that “GOP to force vote on Owen; Party hopes to break Democratic filibuster over judicial nominee.”

Posted at 19:35 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “U.S. Judge Blocks Iowa Sex Offender Law” and here an article entitled “Court Revives Wash. Inmate Voting Case.”

Posted at 19:28 by Howard Bashman

In Saturday’s newspapers: In The New York Times, Adam Liptak reports that “Court Rejects Bid to Halt Recall Vote.” From Atlanta comes news that “A Cherished Civil Rights Site Faces Its Doom.” In news from New Jersey, “Judge Dismisses Lawyer’s Suit Challenging New Civil Case Fees.” And an editorial is entitled “California Chaos.”

The Washington Post reports here that “Bryant Faces Tough Law In Colorado Rape Case; Severe Penalties, Sympathetic Juries.” An article reports that “Judge Frees 4th Va. Jihad Suspect; Prosecutors Tried to Show Direct Link to al Qaeda Member.” In local news, “Evidence Ban Not Enforced, Lawyers Say; Jurors in Disappearance Case Saw Items Judge Ruled Out.” In other local news, “Diamond Cab Co. Held Responsible In Bias Lawsuit.” An editorial about the battle to confirm Eleventh Circuit nominee William H. Pryor, Jr. is entitled “Beyond the Pale.” And columnist Ellen Goodman has an op-ed entitled “The Fat Environment.”

The Los Angeles Times reports here that “The Internet Is Reshaping Bryant Story; Web gossip about the athlete and his accuser is driving competition, even among mainstream media. Some outlets retain strict limits.” In local news, “Man Freed Amid Court Backlog Is Murder Suspect; A county prosecutor’s group files a complaint against three judges who chose not to arraign the suspected carjacker, forcing his release.” In other local news, “In Quake Lawsuit, Judge Not Moved; Seismic engineers say their L.A. offices are not earthquake safe. A jurist gives owner time to retrofit.” And an op-ed by Debra Anne Davis is entitled “Rape Victims Need Privacy to Regain Power.”

The Washington Times reports here that “Prosecutors say details prove Malvo wasn’t brainwashed.” And an editorial is entitled “Judicial foolishness.”

Finally for now, The Boston Globe contains an op-ed by Geri Denterlein entitled “The thin line between law and public opinion.”

Posted at 19:07 by Howard Bashman

Some Saad news: The Senate Judiciary Committee’s Web site suggests that the confirmation hearing previously scheduled for July 29, 2003 for Sixth Circuit nominee Henry W. Saad of Michigan has been canceled (see this list of announcements of upcoming hearings). My earlier post taking notice of the scheduling of a hearing for Judge Saad to occur on July 29th is accessible here. If anyone has more details about what’s going on, I’m all ears.

Posted at 16:37 by Howard Bashman

“GOP blocking judge”: Columnist Robert Novak has this essay online today at Town Hall.

Posted at 16:33 by Howard Bashman

Cowabunga, dude! Today’s issue of The National Post contains an article headlined “Bovine triathlon – icy swim, road run, crash – ends up in N.B. court.”

Posted at 16:23 by Howard Bashman

“Library loses bias suit ruling”: Today’s issue of The Atlanta Journal-Constitution has this report about an order the U.S. Court of Appeals for the Eleventh Circuit issued yesterday denying a petition for rehearing en banc.

Posted at 14:21 by Howard Bashman

“The Proceedings of the Old Bailey London 1674 to 1834”: Who says the Internet doesn’t contain enough useless information?

Posted at 14:19 by Howard Bashman

“Old European tongue brings chaos to newest Asian nation”: Today’s edition of The Sydney Morning Herald reports here that “A ruling by East Timor’s only Supreme Court judge that national law should be based on Portuguese, not Indonesian, law threatens to plunge the legal system into chaos. The Portuguese-trained Claudio Ximenes, who took office last month, has ruled that because Indonesia’s occupation was unlawful, the United Nations-drafted legal system adopted after independence was invalid.”

Posted at 14:18 by Howard Bashman

Hit counter news: As I mentioned a while back, the newly-revamped Bravenet hit counter service no longer permits me to safeguard reader privacy by keeping hit count statistics private. And, as others have noticed, the Bravenet service also no longer appears to be providing reliable hit count statistics. So, today I have installed three additional, non-password-protected hit counters. All four hit counters can be found at the bottom of the right-hand column of this page. As of this morning, the Bravenet hit counter stated that “How Appealing” had 1,746,699 “unique visitors” since May 7, 2002.

Posted at 13:08 by Howard Bashman

In news from Mississippi: The Clarion-Ledger today reports that “Justice, 4 others indicted.” In related news, “Merits, motive of case debated.” You can access here an article headlined “Indictment alleges loans and paybacks” and here an article headlined “Charges expected to chill donations; Trial lawyers may hesitate to give, politicians may hesitate to receive.” Two other related items are entitled “Indictments” and “Events timeline.”

Posted at 12:56 by Howard Bashman

“Bush Selects 2 for Bench, Adding Fuel to Senate Fire”: Neil A. Lewis has this article in today’s issue of The New York Times. In California, The San Francisco Chronicle contains a lengthy front page article headlined “State justice picked for U.S. court; Conservatives cheer Bush’s nomination to federal bench.” And The Los Angeles Times reports here that “State Supreme Court Justice Nominated to Appellate Post.”

Posted at 10:03 by Howard Bashman

“GOP Escalates Push for Nominees”: Today’s edition of The Washington Post reports here that “Senate Republicans plan a series of votes next week aimed at turning up the heat on Democrats for filibustering two of President Bush’s appeals court nominations and for weighing similar moves to block at least two others.” In somewhat related news, The Mercury News today reports that “State justice nominated for D.C. court seat; Successor May Be Chosen By Recall Election Victor.”

Posted at 08:48 by Howard Bashman

Thanks to presidential candidate Howard Dean: Law Professor Larry Lessig’s blog now has a new address.

Posted at 23:27 by Howard Bashman

“Bush Nominates Conservatives As Judges”: The Associated Press has this report.

Posted at 23:25 by Howard Bashman

Available online at law.com: Jason Hoppin reports here that “California Supreme Court Justice Officially Tapped for D.C. Circuit” and has a second article headlined “The High Cost of Giving Away Sex.com.” And in other news, “Jewell Back in Court, Wants Atlanta Newspaper’s Sources; Judge must apply appellate court’s new analysis.”

Posted at 23:21 by Howard Bashman

“Top court orders pay increase for judges, feeding legal debate”: This article appears in today’s issue of The Chicago Sun-Times.

Posted at 23:17 by Howard Bashman

Nuns receive lighter sentences: The Associated Press provides this report.

Posted at 23:16 by Howard Bashman

Available online at The Village Voice: Nat Hentoff has an essay entitled “Who Made George W. Bush Our King? He Can Designate Any of Us an Enemy Combatant.” And Judith Levine has an essay entitled “Stop the Wedding! Why Gay Marriage Isn’t Radical Enough.”

Posted at 23:12 by Howard Bashman

Elsewhere in Friday’s newspapers: In The Los Angeles Times, you can access here an article headlined “Oxnard Campus’ Supreme Tribute; Justice Thurgood Marshall’s presence can be felt everywhere at the new namesake elementary school.” In other news, “Also on Ballot: Initiative to Restrict Racial Data.” An article reports that “Recall Vote Set for Oct. 7; Names of potential successors will be on the ballot too. Candidates have only 16 days to decide whether to enter the historic race.” In related news, “Court Challenges Could Enter Uncharted Territory.” Another article reports that “Swift Currents of Historic Race Are Quickly Crowded.” And a news analysis is entitled “Government of, by Ballot Box: Vox populism reaches its logical extension in the recall of a recently elected governor.” In business news, “FCC Rule May Bring a Veto Standoff; A House vote to restore a media ownership cap puts GOP lawmakers at odds with the president.” In other business news, “Tire Maker to Add Safety Features to Settle Suits; Bridgestone/Firestone also agrees to fund a $15-million consumer education campaign.” An article reports that “Many Indians Exempt From State Taxes, Fees; California tribes’ sovereignty frustrates beleaguered state and local officials seeking to fill yawning budget gaps.” In sports news, “D.A. Fights Media Request; News organizations want court documents in Bryant sexual assault case unsealed. Judge issues gag order.” In local news, “County yet to appeal Colonies ruling; Officials still ‘exploring options’ after being ordered to pay developer for flood-control upgrades.” In other local news, “Judge Stops Count of Votes on Barricades; Temporary restraining order is issued to keep Santa Ana from opening ballots in neighborhood election held to decide fate of traffic barriers.” An editorial is entitled “Dangerous Detentions.” An op-ed by Laura A. Ahearn is entitled “Nightmare for Child Abuse Victims Begins Anew.” Religious leaders address “Was Robertson wrong to pray for retirement of justices?” And an essay by Charles J. Unger is entitled “Court system might seem unfair, even when upholding law.”

USA Today reports here that “Davis has 75 days until Calif. recall vote; Challengers must file by Aug. 9.” An editorial about the selection of federal judges is entitled “Here’s one unemployment problem Congress can solve.” You can access here a related “Vacancy scoreboard.” In response, John A. Nowacki has an op-ed entitled “Democrats do not cooperate.”

The Washington Times reports here that “GOP wants elections after disaster.” In other news, “Californians to decide Oct. 7 whether Gov. Davis will stay.” An article reports that “Lawyers scream about ice cream.” In local news, “Malvo guards tell of youth’s boast.” And an op-ed by Linda Chavez is entitled “Gun control maneuvers.”

The Boston Globe reports here that “Bryant case revives victim privacy issue.” In other news, “Shock tactics: Participants mobilize via website, then pull their stunts with element of surprise.” And an editorial is entitled “California scheming.”

Posted at 22:25 by Howard Bashman

Let’s talk about sex[.com]: Wired News reports here that “Sex.com Prevails in Domain Suit.” c|net News.Com reports here that “VeriSign to face Sex.com lawsuit.” The Mercury News reports here that “Verisign loses appeal in dispute over sex.com address.” And The Associated Press reports here that “Web registry may be liable for ‘sex.com.'”

Now where on the Web could one find the very first report on today’s ruling by the U.S. Court of Appeals for the Ninth Circuit in this case? Why, here at “How Appealing,” of course.

Posted at 20:56 by Howard Bashman

“Miss. Supreme Court Justice Indicted”: The Associated Press has this report. And The Clarion-Ledger reports here that “Mississippi judge, prominent coast attorney indicted on federal charges.”

Posted at 20:02 by Howard Bashman

That didn’t take very long: The group People For the American Way this evening has issued a press release entitled “PFAW Opposes Latest Right-Wing Judicial Nominations.”

Posted at 19:59 by Howard Bashman

“Owner of Stolen ‘Sex.com’ Can Sue VeriSign-Court”: Reuters provides this report.

Posted at 17:58 by Howard Bashman

It’s official: President Bush today has nominated Janice Rogers Brown and Brett M. Kavanaugh to fill the eleventh and twelfth seats on the U.S. Court of Appeals for the D.C. Circuit. Of course, my prediction remains that Justice Brown will end up being confirmed by the U.S. Senate for the tenth seat on the D.C. Circuit, thus leaving nominees Miguel A. Estrada and Kavanaugh to suffer the consequences of Senior Circuit Judge Laurence H. Silberman‘s repeated statements that the D.C. Circuit should not have more than ten active judges.

Posted at 17:38 by Howard Bashman

Update on the cases involving the U.S. Army Corps of Engineers’ management of the Missouri River: In an interesting turn of events, this morning the U.S. Court of Appeals for the Eighth Circuit issued an order which clarified that the Corps was never faced with conflicting injunctions issued by federal district courts in Nebraska and Washington D.C., because the Eighth Circuit’s stay of the Nebraska injunction was still in effect. Even though the Eighth Circuit’s recent opinion stated that “the stay entered by this Court is vacated,” South Dakota v. Ubbelohde, 330 F.3d 1014, 1033 (8th Cir. 2003), the Eighth Circuit hasn’t yet issued its mandate in that case. Accordingly, plaintiffs in the case that was formerly pending in the D.C. district court could now file an emergency motion requesting that Senior District Judge Paul A. Magnuson of the U.S. District Court for the District of Minnesota lift the fourteen-day stay that he issued yesterday (see this AP report).

Posted at 17:10 by Howard Bashman

D.C. federal district court, in first substantive decision in 9/11 lawsuits brought by victims and their families, grants in part and denies in part motions to dismiss four defendants: Today’s decision by District Judge James Robertson of the U.S. District Court for the District of Columbia begins:

In this action, more than two thousand victims, family members of victims or representatives of victims of the terrorist attacks of September 11, 2001, seek to hold accountable the persons and entities that funded and supported the international terrorist organization known as al Qaeda, which is now generally understood to have carried out the attacks. Plaintiffs have sued nearly two hundred entities or persons — governments, government agencies, banks, charitable foundations, and individuals, including members of the Saudi royal family — broadly alleging that each of them, in one way or another, directly or indirectly, provided material support, aided and abetted, or conspired with the terrorists who perpetrated the attacks. The Third Amended Complaint (“3AC”) asserts claims under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. sec. 1602 et seq., the Torture Victim Protection Act (TVPA), 28 U.S.C. sec. 1350 note, the Antiterrorism Act (ATA), 18 U.S.C. sec. 2331 et seq., the Alien Tort Claims Act (ATCA), 28 U.S.C. sec. 1350, the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. sec. 1961 et seq., and the common law theories of aiding and abetting, conspiracy, wrongful death, survival, intentional infliction of emotional distress, negligence, and negligent infliction of emotional distress. Plaintiffs demand damages, including punitive damages, in excess of one trillion dollars.

You can access the complete decision at this link.

Posted at 16:52 by Howard Bashman

“Calif. Court Won’t Halt Recall Election”: David Kravets of The Associated Press reports here that “The California Supreme Court declined Friday to halt the recall vote of Gov. Gray Davis.” Law Professor Rick Hasen of the “Election Law” blog provides the text of the court’s order here.

Posted at 15:03 by Howard Bashman

“Al-Arian Fires Attorneys to Represent Himself”: From Tampa, Florida, The AP reports here that “Despite a judge’s warning that he was making a foolish and potentially disastrous move, a former professor indicted on terrorism charges fired his attorneys Friday and will represent himself.”

Posted at 14:37 by Howard Bashman

“Judge Issues Stay of Mo. River Sanctions”: The Associated Press offers this report.

Posted at 14:27 by Howard Bashman

“Judicial Misconduct in the Sixth Circuit: Another Reason to Free the Michigan Four.” Todd F. Gaziano, Director of the Center for Legal and Judicial Studies at The Heritage Foundation, has this essay online today at Town Hall.

Posted at 14:12 by Howard Bashman

“Lawyers, Blogs, Money, And Stone Cold”: Denise Howell has a truly excellent post addressing (and linking to) a brand new ABA Journal eReport about lawyers who have Web logs. Update: And the author of the “SW Virginia law blog” has this to say.

Posted at 14:09 by Howard Bashman

Ninth Circuit issues important Voting Rights Act decision addressing whether Washington State’s felon disenfranchisement provision may constitute an improper race-based denial of the right to vote: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion that begins:

Plaintiffs appeal the district court’s grant of summary judgment dismissing their claim that Washington state’s felon disenfranchisement scheme constitutes improper race-based vote denial in violation of Section 2 of the Voting Rights Act (“Section 2”), 42 U.S.C. sec. 1973. Upon conviction of an infamous crime in the state of Washington, each plaintiff was disenfranchised, and none has had his voting rights restored.

The district court determined that although Washington’s felon disenfranchisement scheme disenfranchises a disproportionate number of African-American, Hispanic-American, and Native-American minorities, the cause of this disparate impact on their right to vote was external to the felon disenfranchisement provision itself and therefore could not provide the requisite causal link between the voting qualification and the prohibited discriminatory result.

* * *

* * * Because a Section 2 analysis clearly requires that we consider factors external to the challenged voting mechanism itself, we hold that evidence of discrimination within the criminal justice system can be relevant to a Section 2 analysis. In light of the district court’s having improperly disregarded this evidence, combined with its assessment that Plaintiffs’ evidence of discrimination in Washington’s criminal justice system was “compelling,” we reverse and remand for further proceedings.

You can access the complete decision at this link.

Posted at 13:46 by Howard Bashman

In the latest installment of the sex.com battle, Ninth Circuit holds that Network Solutions may be held liable for conversion if it wrongfully reassigned that domain name: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion by Circuit Judge Alex Kozinski that begins:

We decide whether Network Solutions may be liable for giving away a registrant’s domain name on the basis of a forged letter.

Background

“Sex on the Internet?,” they all said. “That’ll never make any money.” But computer-geek-turned-entrepreneur Gary Kremen knew an opportunity when he saw it. The year was 1994; domain names were free for the asking, and it would be several years yet before Henry Blodget and hordes of eager NASDAQ day traders would turn the Internet into the Dutch tulip craze of our times. With a quick e-mail to the domain name registrar Network Solutions, Kremen became the proud owner of sex.com. He registered the name to his business, Online Classifieds, and listed himself as the contact.

You can access the complete opinion at this link.

By the way, the August 2003 issue of Wired Magazine contains an article entitled “The Prisoner of Sex.com: Gary Kremen started Match.com but ended up with chump change. Then he got caught up in Sex.com, where success left him lying on his back in the gutter.”

Posted at 13:33 by Howard Bashman

“Pryor vote could come Tuesday”: This article appears in today’s issue of The Montgomery Advertiser. Elsewhere, The Birmingham News today contains an article headlined “Sessions: Pryor flap much ado about faith.” And the Web log for Christianity Today Magazine yesterday had a post entitled “Religious Fight Erupts in Judicial Confirmation Hearings.”

Posted at 12:11 by Howard Bashman

“EPA Held in Contempt By Judge”: As noted below, today’s issue of The Washington Post contains this report. You can access yesterday’s contempt ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 11:42 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Louisiana Jury Considers Tobacco Lawsuit” and here an article entitled “Sniper Suspect Reportedly Targeted Boy.”

Posted at 10:05 by Howard Bashman

“Mistrial declared in professor’s libel suit; Jury deadlocks on claim against Fox News”: The Cincinnati Enquirer today provides this report.

Posted at 10:04 by Howard Bashman

“Bring on the filibuster against ultraconservative”: This editorial appears in today’s issue of The Atlanta Journal-Constitution.

Posted at 06:57 by Howard Bashman

In Friday’s newspapers: The New York Times reports here that “Opposition to Gay Marriage Is Declining, Study Finds.” An article reports that “Haitians Are Held in U.S. Despite Grant of Asylum.” In local news, “No Model Inmate, but Quite a Source.” And an obituary is entitled “Stanley Fuld, a Former Judge, Dies at 99.”

The Washington Post reports here that “Guards Say Malvo Described Near Hits; Loaded School Bus Targeted, Teen Said.” In other news, “Vote on Calif. Governor’s Recall to Be Oct. 7; Three Have Declared for Race, But Many Others Are Considering Running.” An article reports that “EPA Held in Contempt By Judge.” In local news, “Judge Orders Release of Va. Jihad Suspect.” And an article reports that “FCC Chairman’s Star a Little Dimmer; Defeat on Capitol Hill Raises Questions About Powell’s Political Savvy.”

Finally for now, OpinionJournal offers an op-ed by Kay Daly entitled “Judge for Yourself: Are Senate Democrats determined to keep believers off the bench?”

Posted at 06:47 by Howard Bashman

Today’s FindLaw columnists: Vikram David Amar and Alan Brownstein have an essay entitled “Why An Important Part of the California Recall Process Is Unconstitutional, According to U.S. Supreme Court Precedent.”

Posted at 06:38 by Howard Bashman

“Pryor’s nomination hangs in balance as Democrats ponder filibuster”: The AP provides this report.

Posted at 00:02 by Howard Bashman

“Missouri River Fight Transferred to Minn.” The Associated Press has this report. More information on the Judicial Panel on Multidistrict Litigation is available here.

Posted at 23:22 by Howard Bashman

Available online at law.com: Law Professor Jonathan Turley has an essay entitled “Sex and the Supreme Court.” And Evan P. Schultz has an essay entitled “A More Perfect Union: Will Lawrence lead to gay marriage?”

Posted at 23:20 by Howard Bashman

“Appeals court strikes contempt ruling”: The Cleveland Plain Dealer reports here on the reversal of a contempt conviction for a man who wrote a choice epithet on a check to pay court costs.

Posted at 23:09 by Howard Bashman

Invaluable: I had a hunch last night that the Chief Justice Rehnquist bobblehead doll available for purchase on eBay would end up selling for somewhere between $250 and $500, but to see the price already at $255 really amazes me. In largely unrelated news, let me express my sincere thanks to Law Professor Joe Miller for some very pleasant news he so kindly delivered via email today.

Posted at 23:04 by Howard Bashman

Congrats to Feddie of “Southern Appeal” on the birth of his daughter: Details here.

Posted at 22:51 by Howard Bashman

Elsewhere in Thursday’s newspapers: In The Los Angeles Times, David G. Savage reports that “Fight Gets Political Over Religion; Senate panel narrowly approves Bush’s pick for an appeals court judge, but GOP charges of an anti-Catholic agenda outrage Democrats.” An article reports that “24 Child Molesters Released; Inmates convicted of sex crimes against minors go free. More such cases are expected because of a high court ruling on delayed prosecutions.” In other news, “Davis Recall Qualifies for Fall Ballot; Governor Vows to ‘Fight Like a Bengal Tiger’ to Remain in Office.” You can access here a list of “Events Leading to Ruling on Recall.” Relatedly, an article reports that “In Capital, a Week for the Books.” In other news, “House Votes to Restore Media Ownership Cap; Lawmakers reject the FCC’s move to relax restrictions on big broadcasters.” A related article reports that “Media Owners May Have to Sell; If Congress overturns new FCC ownership rules, Viacom and News Corp. could be forced to divest TV stations.” From Orange County comes news that “Judge OKs Release of Accused Bomber.” Editorials are entitled “State’s Crisis Compounded” and “Prisons and Honest Work.” An op-ed by Jonathan Shapiro is entitled “Mug Shot Decision Flies in Face of Justice; Post-arrest photos tend to incriminate; it’s not a good idea to make them freely available.” Bill Maher has an op-ed entitled “Recalls Are for Cars, Not California Governors: When did the Target parking lot replace the voting booth?” And letters to the editor appear under the heading “Ramirez Cartoon Draws Secret Service Visit.”

The Boston Globe reports here that “Court says no Miranda requirement for schools.” In other news, “House bucks FCC on media ownership; Votes to overturn key part of rules change.” In local news, “Conley challenge targets prosecutor; Hypnosis testimony might have helped case, lawyer says.” And an op-ed by Jim Ward is entitled “Rights of disabled are in jeopardy.”

The Washington Times reports here that “FBI chief praises the Patriot Act.” In other news, “‘Political’ professors rife, Hill interns say.” An op-ed by Clint Bolick is entitled “Anti-school choice lacks standing,” while Gary J. Andres has an op-ed entitled “Mutant tort bills.”

USA Today reports here that “Vote to recall Calif. governor gets on ballot.” And an editorial is entitled “Code-red cartoonists.”

Posted at 22:06 by Howard Bashman

Tonight’s music selection: “Heaven,” by Live (listen here — Real Player required).

Posted at 22:06 by Howard Bashman

“Hostettler Amendments Prohibit Funds to Enforce Court Decisions Against Pledge, Ten Commandments”: Thanks to the readers who emailed to draw my attention to a press release that U.S. Representative John N. Hostettler (R-IN) issued yesterday. The press release begins, “In an effort to block the enforcement of two recent Federal Court decisions regarding the Pledge of Allegiance and the Ten Commandments, the House has adopted two amendments offered by Rep. John Hostettler. The amendments to the Commerce, Justice, State and the Judiciary appropriations bill would block federal funds from being used to enforce court decisions that found the use of ‘under God’ in the Pledge of Allegiance unconstitutional and ordered the Chief Justice of the Alabama Supreme Court to remove the Ten Commandments from the courthouse.”

Posted at 19:49 by Howard Bashman

Today’s installment of the Decalogue blog, featuring the States of Alabama, Arizona, Georgia, Washington, and Wisconsin: Today’s edition of The Daily Herald of Everett, Washington reports here that “Lawsuit fights monument; Display of Ten Commandments at old Everett City Hall at issue.” From Georgia, today’s issue of The Gwinnett Daily Post reports here that “Barrow braces for ACLU fight.” And yesterday’s edition of The Athens Banner-Herald reported here that “Barrow sees court battle over display; County expecting ACLU to file Commandments suit.” The La Crosse Tribune, in an article headlined “Council to discuss monument options at special meeting,” reports today that “La Crosse officials have set a special meeting for Aug. 12 to consider whether to appeal a federal court order to remove the Ten Commandments monument from its downtown location.”

The Arizona Republic reported here yesterday that “Battle over plaza monument likely; Suit vowed over Ten Commandments.” On Tuesday, that newspaper reported that “ACLU, governor in no hurry on Ten Commandments issue.” The Arizona Daily Sun reported here on Tuesday that “Ten Commandments stay in plaza for now.” And on Monday, Eleanor Eisenberg, executive director of the Arizona Civil Liberties Union, had an op-ed in The Arizona Republic entitled “Religion is not the issue.”

On Wednesday, The Birmingham News reported here that “Moore resorts to high court; Plans to appeal religion ruling.” The Crimson White reported here that “Moore to appeal decision to high court.” The Associated Press reported here that “Moore plans appeal to high court.” And The Huntsville Times reported here that “Moore to take monument case to highest court; Chief justice will skip hearing by full 11th Circuit Court.”

In today’s issue of The Atlanta Journal-Constitution, Lee McAuliffe Rambo has an op-ed entitled “Halt judge’s high-handed campaign to push religion,” while Richard Thompson argues that “ACLU aiming to de-Christianize nation.”

Finally, no mention of the Decalogue would be complete without noting yesterday’s news that “Bush gives Heston medal.”

Update: Via “Balasubramania’s Mania” I have learned that today’s edition of The Seattle Post-Intelligencer reports here that “Ten Commandments tablet sparks lawsuit.”

Posted at 17:05 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Guard: Malvo Shot Teen to Anger Police”; here “Ind. Charges Five With Donating Bad Blood”; here “Fla. to Restore Felons’ Voting Rights”; and here “Cities Curb Access in Wake of Shooting.”

Posted at 16:51 by Howard Bashman

“Ashcroft’s Folly: How the attorney general lost the Moussaoui trial before it began.” Dahlia Lithwick is back, with this essay just posted online at Slate. And while you’re at it, go buy her book; you can get many copies for the cost of just one Chief Justice Rehnquist bobblehead doll, and the book is quite funny, which more than makes up for its lack of bobbleheadedness.

Posted at 16:45 by Howard Bashman

“20 questions for the appellate judge” update: When this week began, I expressed my hope that before the end of this week three additional federal or state appellate court judges would volunteer to participate as interviewees in this Web log’s very popular monthly feature, “20 questions for the appellate judge.” Since then, one federal appellate judge has volunteered for the October 2003 interview slot. Thus, I still need two additional appellate judge volunteers to ensure that the “20 questions” feature survives through the end of 2003. And while it is gratifying to be one-third of the way toward meeting my goal, even Meat Loaf by implication seems to believe that one out of three is not good.

I’m aware that many readers are currently working behind the scenes to convince additional federal and state appellate court judges that they should participate as interviewees, and if more than two additional interviewees come forward, the “20 questions” feature will continue into 2004. Indeed, some readers have suggested that I keep the monthly “20 questions” feature in existence for as long as the Web log “How Appealing” continues to exist, and I’m agreeable to doing that. How does a federal or state judge volunteer to be an interviewee? It’s easy — just send me an email, and interview slots will be assigned on a first-come, first-served basis.

Posted at 16:04 by Howard Bashman

More Pryor coverage: Today’s issue of Newsday contains an article headlined “Rancorous Debate on U.S. Judge Nominee.” WSFA reports that “A.G. Bill Pryor Speaks About Nomination.” Last night’s edition of The NewsHour with Jim Lehrer contained a segment entitled “Bench Battle” (transcript here). The Portland Press Herald today reports that “Ad puts pressure on Maine senators.” MSNBC’s Tom Curry reports that “Catholics at stake in Senate fracas; GOP set to use filibusters of Catholic nominees as campaign issue.” Finally for now, Robert A. Martin, the Editor and Publisher of The Montgomery Independent, has an op-ed entitled “‘Pryor’ restraint.”

Posted at 14:17 by Howard Bashman

“Adult video can’t keep juror awake – mistrial”: Today’s edition of The Cincinnati Enquirer provides this additional coverage of a story I reported on here yesterday.

Posted at 14:03 by Howard Bashman

“Federal Court Postpones Ohio Execution”: The Associated Press provides this report.

Posted at 13:57 by Howard Bashman

“U.S. Satisfies Australia on Possible Terror Trial”: Today’s issue of The New York Times contains this report from Neil A. Lewis.

Posted at 13:23 by Howard Bashman

“Davis Will Face Recall Election Oct. 7”: The Associated Press has this report from Sacramento.

Posted at 13:21 by Howard Bashman

Leave it to NPR to generate humor in the battle to confirm Alabama Attorney General William H. Pryor, Jr. to the Eleventh Circuit: A librarian who works for a very large federal appellate court based in the western United States emails: “Comedian Richard Pryor nominated to Eleventh Circuit? According to the written summary for this NPR Morning Edition report he is.” To preserve the entry in question, which is likely to change once NPR learns of the error, it reads:

Democrats on the Senate Judiciary Committee are being called anti-Catholic after Appeals Court nominee Richard Pryor was asked about his faith at hearings. Democrats are saying the charges are absurd. NPR Legal Affairs Correspondent Nina Totenberg explains the controversy surrounding nominee Richard Pryor.

This of course simply raises the question “Would someone who set himself on fire more than twenty years ago while allegedly freebasing cocaine qualify for confirmation to a federal appellate court in 2003?”

Update: Well, the error won’t be so easily expunged, because host Bob Edwards refers to the nominee as “Richard Pryor” in his intro to Nina Totenberg‘s report (which you can listen to here (Real Player required)).

Second update: As feared, NPR has corrected the error in the written summary for the segment, but the error is still there in the intro to the audio.

Posted at 11:30 by Howard Bashman

Gennifer Flowers v. Hillary Rodham Clinton: Yesterday The Associated Press reported here that “A federal judge refused to release Sen. Hillary Rodham Clinton from a lawsuit by Gennifer Flowers which accuses the senator of masterminding a campaign to discredit Flowers’ claim of an affair with Bill Clinton.” Courtesy of FindLaw, you can now access online (via this very slow-loading link) Monday’s ruling by Chief Judge Philip M. Pro of the U.S. District Court for the District of Nevada.

I haven’t yet had the chance to check and see whether Chief Judge Pro’s opinion includes a gratuitous reference to the Monica Lewinsky matter, which one can find on page 12 of this PDF file containing Ninth Circuit‘s earlier ruling in this case. Longtime readers of this blog will recall that that reference spawned quite a bit of commentary (see here, here, and here) back in November 2002.

Posted at 10:55 by Howard Bashman

“Blogging for Business”: Congratulations to blawger Denise Howell for the mention she received in this Inc. magazine article.

Posted at 10:53 by Howard Bashman

When claiming you’ve been fired due to religious discrimination, it helps to have been fired: See this opinion that Circuit Judge Danny J. Boggs issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

Fans of Judge Boggs may also enjoy matching wits with his clerkship quiz.

Posted at 10:27 by Howard Bashman

“Necessary Amendment: On gay marriage.” The August 11, 2003 issue of National Review magazine contains this editorial.

Posted at 10:14 by Howard Bashman

Blawgsploitation: Sure it’s gratifying to have one of the most popular and trusted law-related Web logs in existence, but sometimes even I have to shake my head in wonderment over the power of “How Appealing.” Here are two quick examples.

A little while ago, I mentioned that the Second Circuit’s Web site should begin listing newly-issued opinions by case name instead of only by docket number. As of this morning, that change has occurred. (From the Web site’s entry page, click on the links for “Decisions” and then “New Opinions” to see for yourself.) Now, that court simply needs to add back in the designation for whether the opinion in question is precedential or not.

In completely unrelated news, late last night I linked to an item just posted on eBay where someone is auctioning-off one of the limited edition Chief Justice Rehnquist bobblehead dolls. Since that time, the eBay page in question has been accessed hundreds of times, and the auction price has skyrocketed from $15.00 to $150.00. Fans of “How Appealing” with excess cash (you know who you are) should refrain from purchasing a Rehnquist bobblehead for me, because while it is true that I don’t have one yet, I have taken the steps necessary to obtain one at a price far less than what the eBay auction already reflects. And of course this blog is not being operated for personal financial gain but as a free service to you, the reader.

Posted at 10:12 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Court Ruling Leads to Offenders’ Release”; here “Condemned Indiana Inmate Seeks DNA Test”; here “Senate to Consider Media Ownership Rules”; here “Man Who Shot Gun Dealer Executed in Texas”; here “Feds Criticize Patriot Act Searches Vote”; here “Panel Approves Tex. Redistricting Bill”; here “Child Killer Susan Smith Pulls Online Ad”; and here “Advocates Laud Post for Gay Announcement.”

Posted at 09:59 by Howard Bashman

Pulitzer Prize-winning author Garry Wills reviews Senator Hillary Rodham Clinton‘s new book, Living History: You can access the review, which appears in the August 14, 2003 issue of The New York Review of Books, at this link.

Posted at 09:47 by Howard Bashman

“The Blogfather”: The Summer 2003 issue of the Yale Law Report contains this profile of Glenn Harlan Reynolds of “InstaPundit.” The document also includes a sidebar that mentions many other Yale Law School-related bloggers. (Thanks much to Peter Goldberger (YLS ’75) for sending along word of this article.)

Posted at 07:00 by Howard Bashman

Even more coverage of yesterday’s Senate Judiciary Committee vote in favor of Eleventh Circuit nominee William H. Pryor, Jr.: The Montgomery Advertiser reports here that “Senate fight next for Pryor” and here that “Committee’s vote pleases Pryor.” The Birmingham News reports here that “Senate panel OKs Pryor in 10-9 vote; Democrats may use filibuster to block judicial confirmation.” The Mobile Register reports here that “Panel OKs Pryor, but battle ahead; Showdown likely in the full Senate over his nomination.” Jan Crawford Greenburg of The Chicago Tribune reports here that “Fractious Senate panel OKs Pryor.” The Washington Times reports here that “Pryor’s religion triggers debate.” The Dallas Morning News reports here that “Controversial nomination sent to Senate; Democrats apologize for seeking Cornyn’s recusal from vote.” The Philadelphia Inquirer reports here that “Specter’s vote advances a disputed judicial nomination.” Finally for now, The Pittsburgh Post-Gazette reports here that “Specter backs sending Pryor vote to full Senate.”

Posted at 06:35 by Howard Bashman

In Thursday’s newspapers: In The New York Times, Neil A. Lewis reports that “Judicial Nominee Advances Amid Dispute Over Religion.” Adam Liptak reports that “Death Row Inmate Gets Support for DNA Test From Unlikely Source.” From Sacramento comes news that “A Recall Vote Seems Certain for California.” A related article reports that “Questions and Assumptions Surround Recall Process.” In business news, “F.C.C. Media Rule Blocked in House in a 400-to-21 Vote.” Relatedly, Jennifer 8. Lee reports that “F.C.C. Chairman Endures Rebuke, Despite Putting Law Above Politics.” In other news, “Cleared of Aiding Terrorism, Lawyer Disputes That Her Client Is a Terrorist.” An article reports that “Court Orders Accountant to Name Shelter Investors,” and you can access yesterday’s ruling by the U.S. Court of Appeals for the Seventh Circuit at this link. From New Jersey comes news that “High Court Again Freezes Aid to 30 Poorest School Districts.” In other local news, “Judge’s Role Questioned in Bid to Sell a Home.” Alan B. Krueger’s “Economic Scene” column is entitled “Why Affirmative Action Matters.” And columnist William Safire has an op-ed entitled “Bush’s Four Horsemen.”

The Washington Post reports here that “Election Officials Finish Verifying Names in Calif. Recall Effort.” An article reports that “House Votes to Overturn TV Rule; Bill Would Keep Ownership Limit At 35% of Markets.” In other news, “Disclosures May Help Malvo Team; 6 Witnesses Described Teenager’s Obedience.” In sports-related news, “Judge Nears Ruling in Redskins Name Fight.” You can access here an article entitled “Judge’s Image Aside, Dismissal a Surprise; Lawyer Says Lee Seeks ‘Honest Result.'” And columnist George F. Will has an op-ed entitled “A Questionable Kind Of Conservatism.”

Posted at 00:00 by Howard Bashman

“Senate Panel Approves Appeals Court Nominee Pryor”: NPR‘s Nina Totenberg had this report (Real Player required) on this evening’s edition of “All Things Considered.”

Posted at 23:56 by Howard Bashman

“Bitterly divided”: Thursday’s edition of The Washington Post reports here that “Pryor Nomination Survives on 10-9 Vote.” Tomorrow’s edition of The Atlanta Journal-Constitution reports here that “Pryor clears judicial panel.” Both reports describe the committee as “bitterly divided,” which may in fact be an understatement.

Posted at 23:49 by Howard Bashman

Available online at law.com: Jonathan Ringel reports that “Split Vote Takes 11th Circuit Nomination to Senate; Religion, fund raising spark debate on Alabama AG’s bid for seat.” In other news, “Terror Case Could Redraw Lines of Power; Role of branches at stake in turf war between judge, United States.” Finally, from Florida comes word that “Widow Seeks Reinstatement of Tobacco Verdict Award.”

Posted at 23:47 by Howard Bashman

Chief Justice Rehnquist for sale? Yes, if it’s the bobblehead version you desire. The eBay listing is here. If I possessed a Chief Justice Rehnquist bobblehead doll, I’m not sure there’d be any price at which I’d voluntarily part with it.

Posted at 23:44 by Howard Bashman

“ADL, B’nai B’rith Join Fight Against Judicial Nominee”: The July 25, 2003 issue of The Forward will contain this report.

Posted at 22:11 by Howard Bashman

“Sen. Hatch and Judiciary Committee Allies Sink to New Low: GOP Members Continue Unconscionable Claims of Religious Bias, Trash Committee Rules, Send Pryor Nomination to Senate Floor.” The group People For the American Way has issued this press release.

Posted at 20:01 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Judge OKs Suit Against Sen. Clinton” and here an article entitled “Moussaoui Wants Jury to See Testimony.”

Posted at 19:58 by Howard Bashman

Florida’s Third District Court of Appeal holds that a defendant’s “conviction and sentence for the unlawful display of authorized indicia of law enforcement authority” violates First Amendment: You can access today’s ruling at this link. And The Associated Press reports here that “Court Throws Out Fla. Law on Police Gear.”

Posted at 16:34 by Howard Bashman

More coverage of the sleeping Cincinnati juror: The Cincinnati Post reports here that “Porn case film puts juror to sleep; Judge declares a second mistrial.”

Posted at 16:07 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Court Blocks Miss. Death Row Reforms”; here “Two Jurors Cause Mistrial in Cincinnati”; here “Calif. Official May Hold Off on Successor”; here “Woman Sentenced in Attacks Fraud Case”; and here “House Votes to Block Expanded FCC Limits.”

Posted at 15:39 by Howard Bashman

Publishing a party’s social security number in a court’s opinion: A reader has emailed to note that a Ninth Circuit opinion to which I linked earlier today appears to quote a letter that reveals the plaintiff’s social security number. I’m not an expert on the Privacy Act nor am I up to date on the harm that can befall one if his or her social security number were to find its way into the wrong hands, and thus I ask — Is the publication of the plaintiff’s social security number something the court should not have done? In the context of the opinion, it appears that the social security number was not a centrally-relevant part of the quoted letter.

Update: A second reader emails:

I suspect the inclusion of the Social Security number in the Ninth Circuit opinion runs afoul of the Judicial Conference’s Policy on Privacy and Public Access to Electronic Case Files. Many district courts specifically tell counsel to redact such information from filings and, presumably, courts should be doing the same in opinions.

The Report of the Judicial Conference Committee on Court Administration and Case Management on Privacy and Public Access to Electronic Case Files can be accessed here.

Posted at 15:17 by Howard Bashman

Access online yesterday’s contempt ruling of the U.S. District Court for the District of Columbia in the Missouri River case: The decision is available online here.

Posted at 14:51 by Howard Bashman

“Split Senate Panel Backs Pryor for Judicial Post”: Reuters offers this report.

Posted at 14:07 by Howard Bashman

“Docents Help Make History Come Alive for Visitors to Court of Appeals”: The Ninth Circuit‘s Public Information Office has issued this press release.

Posted at 14:04 by Howard Bashman

Divided three-judge Ninth Circuit panel denies summary judgment to Chevron in Echazabal case on remand from U.S. Supreme Court: On June 10, 2002, the Supreme Court of the United States issued its ruling in Chevron U.S.A. Inc. v. Echazabal. Later that day, in a post you can access here, I provided the following summary of that ruling:

DON’T SEEK PERMISSION TO KILL YOURSELF FROM US: The Americans with Disabilities Act does not require an employer to allow an employee with a liver condition that makes it especially dangerous to be exposed to certain toxins to work in a job requiring exposure to such toxins, the Court unanimously ruled in a decision by Justice Souter. The employee, in essence, was arguing that the ADA gave him the right to work in a job that was especially dangerous to him because the employer couldn’t take into account his disability that made the job so dangerous. The Court unanimously refused to facilitate the employee’s self-destruction, so the employee will simply have to enjoy whatever perverse pleasure losing in the U.S. Supreme Court can provide.

Today, on remand from the Supreme Court’s ruling last year, a Ninth Circuit panel ruled 2-1 that a genuine issue of material fact exists concerning “whether Chevron has met the requirements for assertion of the direct threat defense.” Accordingly, the plaintiff’s ADA claim against Chevron will go to trial. In dissent, Circuit Judge Stephen S. Trott writes:

At this juncture in this litigation ordeal, I vote to affirm the district court across the board. I cannot imagine what would have happened to Chevron under these circumstances had Mr. Saner hired this applicant against the recommendation of his own and Chevron’s doctors and the applicant’s condition had then deteriorated — or then again, maybe I can. I would hope that the law is not a heads-I-win, tails-you-lose game. The purpose of summary judgment is to put an early end to lawsuits not supported by facts. That should be the fate of this one. Instead, the remand is for a trial where the issue will involve conflicting medical opinions regarding hepatotoxins, or a battle of experts, rather than what it should be: whether or not Chevron unlawfully discriminated against this plaintiff.

You can access both the majority and dissenting opinions issued today at this link.

Posted at 13:29 by Howard Bashman

“Judge tosses tobacco firms’ suit over ads”: Today’s issue of The Sacramento Bee contains this report. You can access the ruling at this link.

Posted at 13:27 by Howard Bashman

“Senate Panel Approves Pryor Nomination”: Jesse J. Holland of The Associated Press has this report.

Posted at 12:57 by Howard Bashman

“Couple sue over message on brick; Parks reject their ‘Jesus’ inscription”: This article appears in today’s issue of The Chicago Tribune. (Maybe I missed this class at J-school — which is quite possible, because I didn’t attend J-school — but since when do headlines treat the word “couple” as though it is a plural noun?)

Posted at 12:17 by Howard Bashman

Toucan play at this game: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has affirmed a federal trial court’s ruling that the word-mark “Toucan Gold” for golf clubs does not impermissibly infringe on the word-mark “Toucan Sam,” which Kellogg Company uses to market a sugared cereal. In the opinion, Senior Circuit Judge Richard F. Suhrheinrich explains:

Toucan Sam is an anthropomorphic cartoon toucan. He is short and stout and walks upright. He is nearly always smiling with a pleasant and cheery demeanor, but looking nothing similar to a real toucan. He has a royal and powder blue body and an elongated and oversized striped beak, colored shades of orange, red, pink, and black. He has human features, such as fingers and toes, and only exhibits his wings while flying. Moreover, in television advertisements over the past forty years, Toucan Sam has been given a voice. He speaks with a British accent, allowing him to fervently sing the praises of the cereal he represents, and to entice several generations of children to “follow his nose” because “it always knows” where to find the Froot Loops.

You can access the complete opinion at this link.

Posted at 11:59 by Howard Bashman

The Senate Judiciary Committee has voted 10-9 to recommend confirmation of Eleventh Circuit nominee William H. Pryor, Jr.: All of the nine Democratic votes against were registered “under protest for violation of Rule IV.” You can see the post immediately below this one for details on what that means. Thus, Pryor today moves one step closer to joining the ranks of actively-filibustered federal appellate court nominees.

Posted at 11:48 by Howard Bashman

Senate Judiciary Committee business meeting update: Senator Patrick J. Leahy (D-VT) has just objected to holding a vote on William H. Pryor, Jr.‘s nomination under Rule IV of the Senate Judiciary Committee. Rule IV provides:

The Chairman shall entertain a non-debatable motion to bring a matter before the Committee to a vote. If there is objection to bring the matter to a vote without further debate, a rollcall vote of the Committee shall be taken, and debate shall be terminated if the motion to bring the matter to a vote without further debate passes with ten votes in the affirmative, one of which must be cast by the minority.

Senator Dianne Feinstein (D-CA) enthusiastically agrees with Senator Leahy’s understanding of the rule, that a vote on Pryor’s nomination cannot occur unless one of the Democrats on the committee agrees. Committee chairman Senator Orrin G. Hatch (R-UT) does not agree, and now the members are arguing over this point.

Posted at 11:42 by Howard Bashman

Senator Arlen Specter (R-PA) has just said he is voting in favor of William H. Pryor, Jr. in the Senate Judiciary Committee: But Senator Specter says that he is reserving the right to change his mind depending on any additional information that comes forth before a vote on the floor of the U.S. Senate occurs. So, even though the vote has not occurred, Pryor’s nomination to serve on the Eleventh Circuit will be approved in the Judiciary Committee by a vote of 10-9.

Posted at 11:26 by Howard Bashman

William H. Pryor, Jr. Senate Judiciary Committee business meeting update: Today’s business meeting of the Senate Judiciary Committee, at which the committee is scheduled to vote on Eleventh Circuit nominee William H. Pryor, Jr., has now been underway for over an hour and a half. Many members of the committee desire to be heard on the nomination. But committee chairman Senator Orrin G. Hatch (R-UT) continues to press for a vote, which suggests that he is confident that the nomination will receive a favorable (but presumably party-line) vote.

Posted at 10:48 by Howard Bashman

“Cornyn brings Texas side-step to D.C.”: Columnist Cragg Hines has this essay in today’s edition of The Houston Chronicle.

Posted at 10:33 by Howard Bashman

“Fat Chance”: The Wall Street Journal today contains this editorial about obesity-related litigation.

Posted at 09:57 by Howard Bashman

Yesterday’s decision dismissing two terrorism charges against attorney Lynne Stewart is now available online: You can access yesterday’s opinion issued by District Judge John G. Koeltl of the U.S. District Court for the Southern District of New York at this link.

Posted at 09:43 by Howard Bashman

“Wiccan witch seeks right to open board meeting with prayer”: The Associated Press provides this report from Richmond, Virginia. And yesterday The Richmond Times-Dispatch reported here that “Wiccan Prayer Suit In Court.”

Posted at 09:24 by Howard Bashman

On the agenda: Scheduled to get underway momentarily is the continuation of the Senate Judiciary Committee‘s business meeting from last week. The key item on this morning’s agenda is the committee’s vote on the nomination of William H. Pryor, Jr. to serve on the U.S. Court of Appeals for the Eleventh Circuit. A live video feed of this morning’s business meeting is accessible at this link (Real Player required).

Posted at 09:00 by Howard Bashman

Elsewhere in Wednesday’s newspapers: The New York Times reports here that “Schumer Strikes Deal on Filling Court Vacancies.” And in other news, “9/11 Payment Issues Are Argued in Appeal.”

The Boston Globe reports here that “‘Blogs’ shake the political discourse.” In other news, “Court workers cite lawless parking lot.” And an editorial is entitled “Tickets to fix.”

The Los Angeles Times reports here that “Cigarette Makers Lose Suit; A federal judge rules that California can keep using tobacco tax funds to pay for anti-smoking ads. The plaintiffs plan to appeal.” An article reports that “Numbers Add Up to Fall Recall Election; A Times survey finds that county officials have verified more than enough signatures to force a vote on removing Gov. Davis from office.” From New York comes news that “Judge Tosses Out Terror Conspiracy Counts Against Lawyer, 2 Others; The ruling says that the Justice Department’s charges were too vague to be constitutional.” A front page article bears the headline “The FBI’s Least Wanted: The high cost of living is driving agents from some of the largest, most important cities. A few who stayed have gone on food stamps.” In news from Glendale, California, “City still mulling appeal of verdict; Amount awarded to one female officer reduced. Both sides still preparing post-trial motions.” Tim Rutten’s “Regarding Media” column today is entitled “Presumption of innocence sidelined: If Scott Peterson is keeping score, he should award Kobe Bryant an assist.” And Robert A. Ricker has an op-ed entitled “Democrats Are Playing NRA Roulette.”

In The Washington Times, Frank J. Murray reports that “Obscenity law in Ohio targeted by lawyer.” In other news, “U.S. judge overturns conviction of Lentz.” Jonah Goldberg has an op-ed entitled “Ashcroft gets bad rap.” And Robert A. Levy and Gene Healy have an op-ed entitled “Battle of the gun ban.”

Posted at 08:40 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Sniper Trials May Boost Local Economies”; here “Virginia, Oklahoma Killers Executed”; and here “Third Election Try Settled in Georgia.”

Posted at 08:37 by Howard Bashman

“Pryor faces panel vote for federal bench”: This article appears in today’s edition of The Birmingham News.

Posted at 08:19 by Howard Bashman

“Accord on Judicial Nominees for NY”: Today’s issue of Newsday provides this report.

Posted at 06:32 by Howard Bashman

“Pressure building as Pryor vote nears”: This article appears in today’s edition of The Montgomery Advertiser.

Posted at 06:29 by Howard Bashman

“Moore vows to fight ruling”: The Montgomery Advertiser provides this news from Alabama relating to the Ten Commandments monument in the Alabama Judicial Building.

Posted at 06:27 by Howard Bashman

In Wednesday’s newspapers: In The Washington Post, a front page article reports that “Jury’s Verdict In Death Reversed; Judge Discounts Kidnapping Theory.” In other news, “Major Terror Charges Dropped for Lawyer.” An article reports that “Virginia Executes Man for ’97 Death; Young Mother Had Been Raped.” In business news, “States’ Role In Doubt on Wall Street; House to Vote Soon on Bill to Affirm Ultimate Power of SEC.” And letters to the editor appear under the heading “Gay Marriage Considerations.”

The New York Times reports here that “Judge Dismisses Terror Charges Against Lawyer.” And an article reports that “Death Penalty Ruled Out for British Detainees.”

Posted at 00:00 by Howard Bashman

In case anyone has forgotten where The New York Times stands on Bill Pryor’s judicial nomination: Tomorrow’s edition of The New York Times will contain an editorial entitled “An Extremist Judicial Nominee.” The editorial’s final paragraph, in its current form, experiments with a couple of different spellings for the last name of U.S. Senator Arlen Specter (R-PA).

Posted at 23:25 by Howard Bashman

No one knows what tomorrow will bring: But one thing is certain — at 9 a.m. on Wednesday, July 23, 2003, the Senate Judiciary Committee will resume the executive business meeting that began last week. And the main item remaining on the agenda is the committee’s vote on Eleventh Circuit nominee William H. Pryor, Jr. Stay tuned for complete coverage tomorrow morning.

Posted at 23:12 by Howard Bashman

Available online at law.com: An article reports that “9th Circuit Slams Circuit City.” In news from the Second Circuit, “Panel Hears Two Theories on Twin Tower Attacks.” Shannon P. Duffy reports that “Attorney Clears Hurdle in Defamation Action Against ABA.” In news from New York, “Bipartisan Deal Clears Way For 10 U.S. Judge Nominees“; “Judge Narrows Charges Against Lynne Stewart“; and “Making a Criminal Case Over Selection of Judges in Brooklyn.” Finally, in news from New Jersey, “Hospital Patients Sue Reality TV Show for Fraud.”

Posted at 22:58 by Howard Bashman

Quin Hillyer is also guest blogging at “Southern Appeal“: With such big-name celebrities filling in, some may begin to wish that “Feddie” were absent more often. (Of course, I wouldn’t wish that Feddie were ever absent, but being absent because Mrs. Feddie is scheduled to give birth to child number two seems as good of an excuse as any for being away for a bit.)

Posted at 22:54 by Howard Bashman

Collecting on a judgment of $188.2 million against Iran isn’t easy: The U.S. District Court for the District of Columbia has recently issued a series of rulings that have awarded very large damages awards to plaintiffs injured in terror-related lawsuits. As this opinion issued today demonstrates, collecting on such judgments is not so easy to do.

Posted at 22:45 by Howard Bashman

“Federal judge dismisses tobacco lawsuit to stop state ads”: The Associated Press has this report from California. And tonight a newspaper reporter emailed to ask how it was that the first place this ruling was mentioned happened to be here at “How Appealing”? To which I replied, it never hurts to have sources.

Posted at 22:31 by Howard Bashman

I’m not usually one who gins up controversy: Over at “The Volokh Conspiracy” — where I continue to excel at the game “Will Tyler Cowen ever have a post that interests me?” — I was surprised today to spot two errors. Randy Barnett has fessed-up for his “gins” for “guns” post, and who doesn’t have a typo from time to time while blogging. Second, Eugene does not deserve all the blame for mistaking (in a post you can access here) The Concord Monitor, a New Hampshire newspaper, for The Christian Science Monitor, when the error clearly originated with Andrew Sullivan.

Posted at 22:25 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Feds in Contempt Over Missouri River Flap”; here “Federal Judge Acquits in Kidnapping Case”; here “Judge Won’t Dismiss Suit Against FEC”; here “Rabbi Sues Over Poland Holocaust Memorial”; here “Lawmaker: Cartoonist Questioning Wrong”; and here “House GOP Drops Push to Back FCC Limits.”

Posted at 20:38 by Howard Bashman

Update three of the “judicial names” post is now available, below: And it features the federal appellate equivalent of the “full Nelson.”

Posted at 20:16 by Howard Bashman

Fifth Circuit grants rehearing en banc in two cases: Today the U.S. Court of Appeals for the Fifth Circuit posted online at its Web site two orders issued last week that granted rehearing en banc in two different cases.

One case presents a very interesting issue of waiver in the context of Eleventh Amendment sovereign immunity law as to which a circuit split already exists. The question presented asks: does a State that agrees to waive sovereign immunity in exchange for receiving federal funding do so knowingly and voluntarily if the State incorrectly but reasonably believed that Congress had already abrogated its sovereign immunity under Section Five of the Fourteenth Amendment. You can access the original three-judge panel’s ruling here and the order granting rehearing en banc here.

In the other case, the full Fifth Circuit will consider whether, in a criminal proceeding, a federal district court’s failure to afford the defendant his right of “allocution” — which provides the defendant with the opportunity to address the trial judge at sentencing — requires automatic reversal. You can access the three-judge panel’s opinion here and the order granting rehearing en banc here.

Posted at 19:56 by Howard Bashman

Four U.S. Senators request investigation into possibly unlawful “smear campaign” against Eleventh Circuit nominee William H. Pryor, Jr.: Here is the text of today’s letter:

July 22, 2003

The Honorable Orrin G. Hatch

Chairman

Committee on the Judiciary

United States Senate

224 Dirksen Senate Office Building

Washington, DC 20510

Dear Chairman Hatch:

We are greatly troubled by recent developments respecting the nomination of William H. Pryor, Jr., to the U.S. Court of Appeals for the Eleventh Circuit, a nomination which has been pending before the Senate Judiciary Committee for some time now. We are especially troubled because, according to press accounts and other reports, some of General Pryor’s opponents may have engaged in criminal activities in support of a campaign to smear a good and honest man. Some of these activities may have even involved the participation of individuals employed by the United States Senate. These are serious matters that warrant a formal investigation by this committee or by some other appropriate entity.

During the 107th Congress, at least one Democratic member of the committee bemoaned the fact that, in the past, when some Senators opposed a judicial nominee on ideological grounds, rather than present their actual concerns in a straightforward, honest, and open manner, they would instead resort to subterfuge and employ some other method to oppose that individual’s confirmation, such as introducing allegations of ethical improprieties of one sort or another. In his words, “[t]his ‘gotcha’ politics has warped the confirmation process and harmed the Senate’s reputation.”

We believe that the Senate should focus on a judicial nominee’s legal skill, competence, and commitment to interpreting rather than making law, and not on a nominee’s ideology. And we certainly agree that “gotcha” politics only discredits the judicial confirmation process and dishonors the United States Senate.

Yet this form of destructive politics is precisely what we are witnessing today, and that is especially so with respect to the recent disclosure of documents alleged to describe certain fundraising activities organized by the Republican National Committee. As was revealed during last week’s executive business meeting, at least some committee Democrats knew about these documents as early as June 11, the date of General Pryor’s confirmation hearing before this committee. These same documents were only just recently made available to committee Republicans, however. Notably, these documents purport to describe only lawful campaign activities, and committee Democrats acknowledge they find no fault with those activities. Instead, these documents appear to have been used both to set potential perjury traps for a witness who in fact has answered every question honestly and forthrightly, and to attempt to justify (wrongly in our view) further investigation and further delay of the judicial confirmation process.

What’s worse is that, by all accounts, it appears that these documents became available to the committee only as the result of theft. No alternative explanation as to the source of these documents has been offered to date by any member of this committee. The individual who originally handed these documents to committee Democrats is apparently a disgruntled contract employee who was fired by the organization, and who according to press accounts may be motivated by revenge on behalf of a friend who pleaded guilty just last month following a bribery investigation conducted by General Pryor and federal prosecutors. As was noted last week, she has refused repeated opportunities to explain to bipartisan committee investigators how she could have lawfully possessed the documents. Moreover, the individual has refused to explain fully how she was first contacted by the committee, forcing observers of the Senate’s badly broken judicial confirmation process to wonder whether any member of the Senate staff may have conspired with her to engage in any unlawful conduct.

The integrity and credibility of the United States Senate and the judicial confirmation process cannot remain under this cloud for long without suffering serious damage. Accordingly, we ask that you open a formal committee investigation (or request an investigation by some other appropriate entity) to determine how these documents came into the possession of this committee, and to report any findings of criminal activity, including any such activity by any individual employed by the United States Senate, to the appropriate law enforcement authorities. Nothing less than the reputation of the Senate is at stake.

Yours truly,

John Cornyn

Jon Kyl

Larry Craig

Lindsey Graham

Thanks much to the reader who forwarded this to me for posting here.

Posted at 19:43 by Howard Bashman

Law Professor Jonathan H. Adler is guest-blogging at “Southern Appeal“: Details here and here.

Posted at 19:36 by Howard Bashman

More happy news for Judge Saad as Senate Judiciary Committee disregards blockade of Sixth Circuit nominees from Michigan: The agenda for the Senate Judiciary Committee‘s hearing scheduled to occur on Tuesday, July 29, 2003 is now available at this link, and Sixth Circuit nominee Henry W. Saad of Michigan finally will receive a confirmation hearing.

Posted at 18:53 by Howard Bashman

“Foes on right, left await Specter’s vote on federal judge”: Yesterday’s issue of The Philadelphia Inquirer contained this report. And on Sunday, The Pittsburgh Post-Gazette published an editorial entitled “Not fit for the bench; Alabama’s Pryor is a walking stereotype.”

Posted at 17:48 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Senate GOP Set for Showdown on Judiciary”; here “2 Counts Tossed in Terror Case Vs. Lawyer”; here “Mich. Court Won’t Hear ‘Jenny Jones’ Case”; and here “National Hispanic Leader Decries Bush.”

Posted at 17:45 by Howard Bashman

“Schumer strikes deal to fill every federal judge slot in state”: The Associated Press provides this report.

Posted at 17:37 by Howard Bashman

“Court Kills Tribe Dispute Decision; Unanimous Vote Clears The Way For Schaghticoke Suit”: This article appears in today’s issue of The New London (Conn.) Day.

Posted at 17:34 by Howard Bashman

“Judge Dave and the Arroyo Toads”: Plainsman of the “Sub Judice” blog has a very interesting post about today’s denial of rehearing en banc in the D.C. Circuit. His point about Circuit Judge John G. Roberts, Jr.‘s dissent is one that crossed my mind earlier today, and I’m glad someone had a chance to blog about it. So, leave it to me to point out something a bit more obvious (courtesy of one of several readers who have emailed on this point): “You might be interested to know that today’s D.C. Circuit opinion by John G. Roberts dissenting from denial of rehearing en banc (to which you linked earlier) is, I believe, his first as a Circuit Judge. It was a long time coming.”

Posted at 17:21 by Howard Bashman

And in other ABA judicial ratings news: Today the The Standing Committee on Federal Judiciary of the American Bar Association released ratings for two federal appellate court nominees. Both Fourth Circuit nominee Claude A. Allen and Ninth Circuit nominee Carlos T. Bea received ratings of “qualified” from a substantial majority of the committee and “not qualified” from a minority of the committee. You can access the ratings yourself via this link.

Posted at 17:11 by Howard Bashman

California Court of Appeal affirms conviction of man charged with killing Leo the dog in road rage incident: You can access today’s ruling at this link. And you can access some of the press coverage the case has previously received here (via The Mercury News), here (see eight item, via The Honolulu Star-Bulletin), and here (via KPIX-TV).

Posted at 16:33 by Howard Bashman

Before: SMITH, SMITH, and SMITH, Circuit Judges. Now that there are three U.S. Circuit Judges in regular active service with the last name Smith (see here, here, and here), such a panel is theoretically possible. What leads me onto this tangent, though, is that today the U.S. Court of Appeals for the Eleventh Circuit issued an opinion in which two of the three judges on the panel had the last name Carnes. I had the pleasure of meeting Circuit Judge Ed Carnes recently in Philadelphia, and during law school I worked in the U.S. Attorney’s Office for the Northern District of Georgia, where I had the pleasure of meeting District Judge-to-be Julie E. Carnes. Fans of Circuit Judge Carnes should be sure not to miss this other opinion issued today, even though the three-judge panel in the case includes only one judge with that last name.

Update: As a reader has emailed to note, the Second Circuit‘s Parker brothers (no relation, see here and here) must regularly deal with this issue and have adopted the practice of using their first and middle initials on opinions. Second update: And let’s not overlook the two Judge Arnolds on the Eighth Circuit, who actually are related, the two Judge Fletchers on the Ninth Circuit, also related, and the two Judge Woods on the Seventh Circuit, not related. Third update: One reader points out that looking no further than the Sixth and Ninth Circuits, one could assemble the federal appellate equivalent of the “full Nelson” with Senior Sixth Circuit Judge David A. Nelson, Ninth Circuit Judge Thomas G. Nelson, and Senior Ninth Circuit Judge Dorothy W. Nelson. The Fifth Circuit, meanwhile, offers two Judge Garzas (no relation). Finally, a reader in-the-know points out that in footnote one of this per curiam opinion from 1995, an Eleventh Circuit panel that included Circuit Judge Ed Carnes issued a footnote that stated, “Judge Julie Carnes of the United States District Court for the Northern District of Georgia and Judge Ed Carnes of this Court are not related within the seventh degree, or within any degree known to either of them. All further references in this opinion to ‘Judge Carnes’ are to Judge Julie Carnes.”

Posted at 15:32 by Howard Bashman

Sacramento-based federal district judge rejects effort by tobacco giants to strike down California’s anti-smoking campaign financed by tax on wholesale tobacco sales in that State: The opinion that Senior District Judge Lawrence K. Karlton of the U.S. District Court for the Eastern District of California issued today states, in part:

The tobacco companies argue that a crucial difference between this case and others in which the courts have applied the government speech doctrine is that, here, the state is using taxes paid by a specific industry to finance advertising that condemns that very industry. Again, one may understand the plaintiffs’ discomfort, but the Supreme Court has never suggested that the government speech doctrine applies only to speech funded with general tax revenues. On the contrary, it seems clear that speech by the government is government speech, however funded. That is, given that the tax is lawfully imposed, the money collected becomes the government’s to expend as it sees fit, so long as those expenditures fall within legal limits.

You can access this very interesting opinion at this link. And you can access here, via The Sacramento Bee, an article reporting on last month’s oral argument on the motions that give rise to today’s ruling.

Posted at 14:19 by Howard Bashman

A law review article concerning law-related Web logs: The Spring 2003 issue of Journal of Appellate Practice and Process has just issued, and it contains an article by Gary O’Connor and Stephanie Tai about law-related Web logs. You can access the article online at this link.

Posted at 14:16 by Howard Bashman

“As the Jim Crow Flies; Court art attracts heat but no media light”: The July 10, 2003 issue of Houston Press contained this report.

Posted at 14:05 by Howard Bashman

Circuit City still has a bit more revising to do before the Ninth Circuit will allow that company to enforce agreements to arbitrate employment-related disputes: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 13:33 by Howard Bashman

“All ayes on new U.S. judge; Democrats and Republicans in rare accord about Livonia’s Richard Wesley”: This article about the newest judge to join the U.S. Court of Appeals for the Second Circuit appears in today’s issue of The Rochester Democrat and Chronicle.

Posted at 13:28 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Developer Loses Endangered Toad Case” and here an article entitled “Clinton Haters Look to Mock His Library.”

Posted at 12:41 by Howard Bashman

“20 questions for the appellate judge” update, part two: Good news — a federal appellate judge has just volunteered and received the October 2003 interview slot. So now I’m seeking two additional federal or state appellate court judge volunteer interviewees. The first to volunteer will receive the November 2003 interview slot, while the second to volunteer will have his or her “20 questions” interview appear online here in December 2003. More details are available here and here.

Posted at 12:38 by Howard Bashman

American Bar Association joins Association of the Bar of the City of New York in rating Dora L. Irizarry unqualified to serve on the U.S. District Court for the Eastern District of New York: The New York Law Journal has this report (first item), which states that “The latest determination could pose a quandary for Democratic U.S. Senator Charles E. Schumer, a member of the judiciary committee, who has supported Ms. Irizarry but denounced the Bush administration’s decision to no longer ask the ABA to evaluate judicial candidates before they are publicly announced.”

Posted at 12:01 by Howard Bashman

“The Hatch Asbestos Trust: Cleaning up the asbestos mess.” Michelle J. White today has this essay at National Review Online.

Posted at 11:45 by Howard Bashman

“20 questions for the appellate judge” update: Yesterday’s call for three additional federal or state appellate court judges willing to participate in this Web log’s popular monthly feature “20 questions for the appellate judge” produced no additional volunteer interviewees. Given the large number of federal and state appellate court judges who read “How Appealing,” it’s easy to think that “There’s no need for me to volunteer because someone else is bound to do so instead.” Yesterday established the falsity of that theory.

Additional information about the “20 questions” feature is available here, and to volunteer all a federal or state appellate judge needs to do is send me an email, which can easily be accomplished by clicking on this link. The next appellate judge to volunteer will have his or her interview appear online here in early October 2003, and later months will be assigned on a first-come, first-served basis.

Posted at 11:33 by Howard Bashman

“U.S. Prosecutor to Be Judicial Nominee”: The Associated Press provides this report.

Posted at 10:59 by Howard Bashman

Eighth Circuit nominee Steven M. Colloton‘s testimony at this morning’s Senate Judiciary Committee hearing has concluded: None of the Democratic members of the committee had any questions for him during the hearing, suggesting that this nominee will be confirmed without substantial opposition.

Posted at 10:55 by Howard Bashman

By a vote of 7-2, D.C. Circuit denies rehearing en banc petition that sought reconsideration of whether the intrastate “taking” of a non-commercial species of fauna may be regulated by the federal government under its Commerce Clause authority: Circuit Judges David B. Sentelle and John G. Roberts, Jr. filed dissents from the order denying rehearing en banc, and you can access that order and those dissents at this link.

Posted at 10:21 by Howard Bashman

Watch live online this morning’s Senate Judiciary Committee confirmation hearing: You can view the hearing at this link (Real Player required). The agenda is accessible here.

Posted at 10:02 by Howard Bashman

As Jesse Jackson once said, “The question is moot“: The Las Vegas Review-Journal reports here that both houses of Nevada’s State Legislature approved a tax increase by the constitutionally-required two-thirds margin. In related news, “Republicans ask Supreme Court to revisit decision on taxes.”

Posted at 09:55 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Former Beauty Queen Drops Lawsuit”; here “Nevada Lawmakers Approve $836M Tax Plan”; here “Man Moons Jury, Found Guilty of Battery”; here “Tribe Doesn’t Have to Pay Property Taxes”; and here “Civil Rights Restaurant to Be Demolished.”

Posted at 09:51 by Howard Bashman

Today’s FindLaw columnists: Julie Hilden has an essay entitled “Does A Photographer’s Attempt to Sell Cameron Diaz’s Topless Photos Back to Her Constitute Extortion?” And Law Professor Richard L. Hasen of the “Election Law” blog has an essay entitled “The California Gubernatorial Recall Debate and the Courts: Why Litigation Has Begun (and Likely Will Continue).”

Posted at 09:47 by Howard Bashman

Today’s Town Hall columnists: Armstrong Williams has an essay entitled “The Supreme Court and the Culture War,” and Phyllis Schlafly has an essay entitled “Bush administration forfeits to feminists on college playing fields.”

Posted at 09:39 by Howard Bashman

Elsewhere in Tuesday’s newspapers: The Washington Times reports here that “Judge dismisses suit against gun makers.” An article reports that “U.S. probes Patriot Act complaints, substantiates few.” Frank J. Murray reports that “Scholar says Hatch, NRA ‘sabotage’ suit to end D.C. gun ban.” In local news, “Malvo’s attorneys eye help in funds.” Paul Greenberg has an op-ed entitled “The moral of the litigation story,” while Bruce Fein has an op-ed entitled “Ownership follies.”

The Los Angeles Times reports here that “Decision Time Nears for Recall Campaign; As Davis’ backers ask court for a last-minute delay in the process, those who hope to run for governor may have only days to file for race.” An article reports that “Cartoon in Times Prompts Inquiry by Secret Service.” The controversial cartoon in question can be viewed here. An op-ed by Law Professor Erwin Chemerinsky is entitled “Place to Pass Judgment on Kobe Bryant Is in Court,” while Andrea Barthwell has an op-ed entitled “A Haze of Misinformation Clouds Issue of Medical Marijuana.”

The Boston Globe reports here that “Judge to hear firefighter hiring dispute; 4 white applicants demanding jobs.” And the final article in the “Speed Trap” series bears the headline “Troopers fair, tough in traffic encounters.”

Posted at 06:56 by Howard Bashman

“State high court says Prop. 36 not retroactive for drug offenders”: David Kravets of The Associated Press has this report from San Francisco.

Posted at 06:44 by Howard Bashman

On the agenda: At 10 a.m. this morning, the Senate Judiciary Committee will hold a confirmation hearing at which various judicial nominees, including Eighth Circuit nominee Steven M. Colloton, are scheduled to testify. More details are available in a blog post you can access here.

Posted at 06:42 by Howard Bashman

In Tuesday’s newspapers: The New York Times reports here that “Suit Against Gun Makers Is Dismissed on Technical Grounds.” In other news, “Martha Stewart Lawyer Seeks an Inquiry on Possible Leaks.” An article reports that “U.S. Sues 3 Businesses That Refuse to Withhold Taxes.” You can access here an article headlined “The Gorge-Yourself Environment.” And David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled “Crimes Outside the World’s Jurisdiction.”

The Washington Post reports here that “Malvo Attorneys Seek Federal Funds.” And letters to the editor appear under the headings “The Moussaoui Muddle” and “Sen. Hatch’s Full Throttle.”

Posted at 00:23 by Howard Bashman

“In New Ads, Judicial Battle Is a Matter of Faith”: Tuesday’s issue of The Washington Post will contain this report. You can view the ads in question here and here (PDF documents).

Posted at 23:47 by Howard Bashman

Appellants fail to strike gold in Tenth Circuit appeal: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued an opinion by Circuit Judge Michael W. McConnell that begins:

Like miners brawling over tiny flecks of gold from the remains of a once-promising strike, Appellants come to this Court for the third time, seeking to extract a few pennies more from their investment in a gold mine venture that failed almost twenty years ago. Resurrecting legal arguments rejected at earlier stages of this litigation, contradicting their own contemporaneous valuations of the assets at issue, and presenting a view of the record with as much resemblance to reality as an ancient prospector’s memories of what might have been, Appellants ask this Court to shield them from the consequences of their own folly (and worse). We compliment the district court for extracting a fair result from the evidentiary detritus put forward by these appellants, and now bring the legal saga of the Telegraph Gold Mine to a close. The judgment of the district court is AFFIRMED.

The opinion is also noteworthy for how it concludes, with an order directed to appellants’ counsel “to show cause why monetary sanctions should not be imposed on him personally.” I seem to remember that in answer to the eleventh of twenty questions directed to me, I opined several months ago that Judge McConnell likely would be the source of noteworthy judicial opinions.

Posted at 23:28 by Howard Bashman

“Demos target Pryor judgeship; Filibuster feared on Senate floor”: Today’s edition of The Birmingham Post-Herald contains this report (see second item) from the Scripps Howard News Service.

Posted at 23:13 by Howard Bashman

“Moore, Pryor capable of doing their jobs”: Tomorrow’s issue of The Sand Mountain Reporter will contain this essay by columnist Trisha Forsythe.

Posted at 23:11 by Howard Bashman

“Bush packs US federal courts with right-wing ideologues”: So says The World Socialist Web Site in an essay posted late last month.

Posted at 23:08 by Howard Bashman

Available online at law.com: From California comes news that “Prop 36 Isn’t Retroactive, Justices Rule.” Possible D.C. Circuit nominee Janice Rogers Brown was the lone dissenter from the ruling. From New York comes news that “Handgun Industry Found Not Liable.” A intermediate state appellate court in Texas has ruled, according to this article, that “Insuring for Punitive Damages Doesn’t Violate Public Policy.” And an article reports that “Debate Begins Over DOJ Civil Rights Pick; Nominee draws attention of Bush administration’s liberal critics and conservative allies.”

Posted at 23:04 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Judge: Army Corps Flouting River Orders” and here an article entitled “Death Penalty Sought in Ky. Dorm Fire.”

Posted at 22:59 by Howard Bashman

“Hawaii needs to fill its federal judicial vacancy”: Chief Judge David Alan Ezra of the U.S. District Court for the District of Hawaii had this letter to the editor published last week in The Honolulu Star-Bulletin.

Posted at 22:48 by Howard Bashman

Elsewhere in Monday’s newspapers: USA Today reports here that “Moussaoui clash tests future of terror trials.”

The Washington Times reports here that “Fall vote eyed for California ban on race-data collection.” In other news, “Abortion bill faces conference setbacks.” An article reports that “Communities shun Patriot Act.” And columnist Nat Hentoff has an op-ed entitled “Military tribunals circumvent due process.”

The Los Angeles Times reports here that “In gyms, few are smiling for the camera; Cell phones that also take pictures raise concerns about privacy in L.A.’s health clubs.” Columnist Michael Hiltzik writes that “Consumer-Protection Law Abused in Legal Shakedown.” And Law Professor Jonathan Turley has an op-ed entitled “Naked Power, Arbitrary Rule.”

The Boston Globe, in part two of its “Speed Trap” series, reports that “Punishment varies by town and officer.” And an editorial is entitled “Environmental evasion.”

Posted at 17:41 by Howard Bashman

“The Prisoner of Sex.com: Gary Kremen started Match.com but ended up with chump change. Then he got caught up in Sex.com, where success left him lying on his back in the gutter.” The August 2003 edition of Wired Magazine contains this report.

Posted at 17:28 by Howard Bashman

Stanford doesn’t want to host Governor Dean’s blogging: What does it mean for one to “think like a lawyer”? For me it meant wondering, when I first heard that Larry Lessig’s blog was going to be hosting presidential candidate Howard Dean, how Stanford University (the Web host of Larry’s blog) would react. Now I see that I wasn’t far off base, as Larry today reports here that “I’ve been requested by the University to move my blog to a personal server.”

Posted at 16:51 by Howard Bashman

Access online the decision dismissing the NAACP’s suit against handgun makers: You can access today’s ruling of the U.S. District Court for the Eastern District of New York at this link.

Posted at 15:51 by Howard Bashman

Even more nude dancing jurisprudence from the U.S. Court of Appeals for the Eleventh Circuit: The City of Cocoa Beach, Florida would prefer to be home to no more than three nude dancing establishments. Now we learn, in an opinion you can access here, that the U.S. Constitution doesn’t allow Cocoa Beach to pursue that goal in the manner it has selected.

Posted at 15:47 by Howard Bashman

Now available at National Review Online: Byron York this afternoon has an essay entitled “A GOP Breakthrough? Republicans try to run over a Democratic roadblock on judges.” And James Justin Wilson has an essay entitled “Battling the Fat Suits: Congress poised to debate restricting food litigation.”

Posted at 14:49 by Howard Bashman

The Associated Press is reporting: Gina Holland reports that “Pledge Spurs Family Feud in High Court.” In other news, you can access here an article headlined “Hatch Pushes for Bush Judicial Nominees”; here “Judge OKs Torture Lawsuit Against Libya”; here “Errors Force 3rd Ga. Election in a Year”; and here “Davis Recall Effort Nets 1.6M Signatures.”

Posted at 14:45 by Howard Bashman

Reason, new and old: Reason has today posted online an essay by Brian Doherty entitled “Suspected Terrorist: Multimillionaire John Gilmore is suing the government to remain anonymous. Is this the last stand for privacy?” Last Thursday, Ronald Bailey had an essay entitled “Ambulance Chasers II: Why tort reform is still a good idea.” And back in April 2001, Steve Kurtz conducted an interview of Seventh Circuit Judge Richard A. Posner that still remains quite interesting to read. (True fans of Judge Posner may also enjoy re-reading Larissa MacFarquhar’s profile of him from the December 10, 2001 issue of The New Yorker.)

Posted at 13:40 by Howard Bashman

“Porn Sites May Stream No More”: Wired News recently provided this report on a case pending in the U.S. District Court for the Central District of California. And a previous article is entitled “Web Porn Pushers in Patent Fight.”

Posted at 13:36 by Howard Bashman

“Homage to Blogalonia”: Eric Weinberger has this essay online today at Salon.com.

Posted at 13:22 by Howard Bashman

“How Appealing” is today seeking additional interviewees to participate in this Web log’s monthly feature “20 questions for the appellate judge”: All the details are available in a post you can access here.

Posted at 12:28 by Howard Bashman

In Defense of Lawrence: Andrew Sullivan has this essay in The New Republic.

Posted at 12:03 by Howard Bashman

Today’s FindLaw columnist: Joanne Mariner has an essay entitled “Monsieur Moussaoui (And How a Defendant’s Nationality May Determine the Quality of his Trial).”

Posted at 11:21 by Howard Bashman

“NAACP Suit Against Gun Makers Dismissed”: The Associated Press has this report.

Posted at 11:19 by Howard Bashman

Ward Connerly and Congressman John D. Dingell (D-MI) exchange written pleasantries: On July 9, 2003, Congressman Dingell sent this letter to Connerly. Today, Connerly has dispatched this response. And National Review Online guest columnist Peter Wood offers more, here.

Posted at 10:16 by Howard Bashman

“No Charity for the Boy Scouts”: Hans Zeiger has this op-ed online today at Town Hall.

Posted at 10:04 by Howard Bashman

“Monroe man eyes federal judgeship”: Friday’s issue of The Monroe (Wis.) Times contained this report about one of the applicants to fill a forthcoming Seventh Circuit vacancy.

Posted at 09:45 by Howard Bashman

Today’s forthcoming Supreme Court of California decision: The Supreme Court of California is one of a relatively small group of appellate courts that gives the public advance notice of the cases that it will be deciding on a given day. (The Supreme Judicial Court of Massachusetts is another such court, so some advance notice of a forthcoming decision in the gay marriage case should be available to those who know where to look.)

Today the Supreme Court of California is scheduled to issue a decision in an appeal that presents the following issues:

(1) Does the Substance Abuse and Crime Prevention Act of 2000 (Prop. 36, General Elec. (Nov. 7, 2000)), which requires probation and drug treatment rather than incarceration for defendants convicted of specified non-violent drug offenses, apply to defendants who were convicted and sentenced prior to the Act’s effective date of July 1, 2001, but whose convictions were pending on appeal when the Act became effective, or only to defendants convicted or sentenced on or after July 1, 2001? (2) If the latter, does limiting the application of Proposition 36 in this fashion deny a defendant whose conviction was pending on appeal on that date the constitutional right to equal protection of the law?

The decision will be available at 10 a.m. pacific daylight time via this link.

Posted at 09:33 by Howard Bashman

Available online from The National Law Journal: You can access here an article headlined “Puerto Rico fights death penalty: Islanders clash with U.S., Pennsylvania.” At the time I am making this post, that article’s Web page contains the text of an article headlined “General counsel compensation increased by 9 percent; Average salary and bonus for biggest earners exceeded $1M.” Nevertheless, it’s great to see that corporate life is treating my former Columbia Spectator colleague Julius Genachowski so very well.

In other news, you can access here an article headlined “Ohio justices–all of them–bow out; Supreme Court member gets the bench to recuse itself for her petition.” And you can access here an article headlined “A twist on the ‘Batson’ jury rule: State high court reverses on improperly allowing black juror to serve.”

Posted at 09:11 by Howard Bashman

“WTC Leaseholder Faces Court Showdown”: Reuters offers this preview of an appeal to be argued tomorrow in the U.S. Court of Appeals for the Second Circuit.

Posted at 08:35 by Howard Bashman

“Judge OKs $1.1 billion Microsoft deal”: Declan McCullagh of c|net news.com provides this report.

Posted at 08:29 by Howard Bashman

This morning’s news concerning Eleventh Circuit nominee William H. Pryor, Jr.: The Green Bay News-Chronicle reports here that “Kohl, Feingold troubled by Pryor nomination.” And The Washington Times reports here that “Court nominee’s enemy is linked to attacks on him.”

Posted at 06:32 by Howard Bashman

In Monday’s newspapers: The Washington Post reports here that “Pro-Gun Groups Split on Tactics; Cato Institute, NRA Quarrel Over Challenges to D.C. Law.” In other news, “Family Fights for Visitation With Victim’s 2 Daughters.” An editorial is entitled “The Cost for the Clintons.” Another editorial is entitled “Gunning for D.C.” And columnist William Raspberry has an op-ed entitled “Homeland Security Sales Pitch.”

In The New York Times, you can access here an article headlined “Accusations of Abuse in Report on USA Patriot Act.” Philip K. Howard has an op-ed entitled “The Best Course of Treatment.” And a letter to the editor is entitled “Death Penalty and DNA.”

Posted at 00:08 by Howard Bashman

A look ahead to the August and September installments of “20 questions for the appellate judge,” and my request for additional volunteers: Readers of “How Appealing” love this blog’s “20 questions for the appellate judge” feature. And while the feature takes a bit more effort from me than the usual blog post, I really enjoy it as well. You could say that the feature makes the effort involved in keeping this blog going worthwhile.

Let’s begin by taking a look ahead. August’s interviewee formerly was chief judge of the U.S. Court of Appeals on which he or she serves, and he or she continues to serve as a judge in regular active service on that court. Also, the federal appellate court on which August’s interviewee serves has not produced any previous participants in the “20 questions” feature.

In September, the “20 questions” interviewee joined the federal appellate court on which he or she works as a nominee of President Clinton, and that federal appellate court is based in Washington, D.C.

I need to line up additional volunteer interviewees for the “20 questions for the appellate judge” feature for the remainder of the 2003 calendar year. So, if you are a federal or state court appellate judge, please volunteer to participate in a future month’s installment of “20 questions for the appellate judge” by sending me an email now. You can do so by clicking on this link. And if you are the law clerk to a federal or state court appellate judge and would like to see your judge participate, please convince him or her to do so.

After the six wonderful interviews that have already occurred and the two equally fine interviews that are forthcoming, I don’t think that anyone would like to see the “20 questions for the appellate judge” feature meet a premature demise after the September 2003 interview appears. When I first launched this feature, a bunch of federal and state court appellate judges promptly volunteered to participate. Now, for the first time since the feature debuted, I’m on the verge of reaching the point where my inventory of volunteers will drop below the level at which I feel comfortable. The “20 questions” feature has been regularly cited by legal journalists and has received much praise across the Internet. Most importantly, all of the six previous participants seem to have had a really great time taking part.

The entire interview occurs in writing via email. I provide the “20 questions” in the middle of the month before the interview is scheduled to appear online, and the participant emails his or her responses back to me in sufficient time for them to appear online on the first Monday of the month in which the interview is scheduled to be posted online. Interviews will occur in the order that appellate judges volunteer, and the next vacancy currently is in October 2003. As judges volunteer, I try to note online promptly that additional interview slots have been filled, so that future interviewees can gauge when their interviews are likely to appear. But I’ll email to each volunteer participant a prompt confirmation of the month he or she has been assigned once I receive an email volunteering to participate. Anyone who is a judge on a federal or state appellate court is free to volunteer, and interview slots are assigned on a first-come, first-served basis. The archive of prior “20 questions for the appellate judge” interviews probably contains the answers to many other questions, but I’ll be more than happy to address via email any other questions that may exist.

In closing, the August and September 2003 installments of “20 questions for the appellate judge” promise to be as wonderful as past months’ installments have been. But I and very many readers of this Web log would like to see that interview feature continue to exist for much, much longer. To ensure that happens, I would greatly appreciate hearing via email from additional volunteer interviewees in the very near future.

Posted at 23:11 by Howard Bashman

Senate Judiciary Committee hearing for Eighth Circuit nominee Steven M. Colloton postponed again: The Senate Judiciary Committee‘s confirmation hearing for Eighth Circuit nominee Steven M. Colloton is now scheduled to begin at 10 a.m. on Tuesday, July 22, 2003. Colloton currently serves as U.S. Attorney for the Southern District of Iowa, and you can access his bio here and his resume here. The Alliance for Justice, a group that opposes many of President Bush’s federal appellate court nominees, offers this report on the nomination.

The committee of the American Bar Association that rates federal judicial nominees reports here that Colloton is rated “qualified” by a substantial majority of the committee, “well qualified” by a minority of the committee, and “not qualified” by a minority of the committee. Colloton is unlikely to receive a vote in favor of his nomination from Senator Hillary Rodham Clinton (D-NY) due to the work he performed in Little Rock for Independent Counsel Kenneth W. Starr. As the final paragraphs of this Washington Post article explain, “In another development, Bush last night nominated a member of former Whitewater independent counsel Kenneth W. Starr’s team to the U.S. Court of Appeals for the 8th Circuit, based in St. Louis. The nominee, Steven M. Colloton of Iowa, was a law clerk for Chief Justice William H. Rehnquist. Democrats had wanted Bush to nominate Missouri Supreme Court Judge Ronnie White, a witness for the opposition during Attorney General John D. Ashcroft’s confirmation battle.”

Will Colloton be confirmed? Probably so.

Posted at 22:19 by Howard Bashman

Trenton Thunder trounces Harrisburg Senators: Except for the very hot weather, it’s difficult to find anything bad to say about today’s Trenton Thunder game. The Thunder beat the Harrisburg Senators 13-6 (recap here; box score here). For being in the right place at the right time, my son was asked to go onto the field before the game and be the youngster at today’s game who yells “play ball” into the Public Address microphone before the game got underway. In exchange for that, he received a bunch of player autographs and a regulation baseball from the field. In memory of recent events in Milwaukee (see here and here), during the game I enjoyed a grilled Italian sausage with grilled sweet peppers and onions. It was delicious with a bit of yellow mustard.

Posted at 22:17 by Howard Bashman

“Race: Just the Beginning.” The July 28, 2003 issue of Newsweek will contain this Periscope item.

Posted at 20:24 by Howard Bashman

“Issue of public prayer is challenge for courts”: This article appears in today’s issue of The Sarasota Herald-Tribune.

Posted at 20:20 by Howard Bashman

“Pryor foes shift focus to attack character”: Today’s edition of The Birmingham News contains this report.

Posted at 20:18 by Howard Bashman

On the agenda — Baseball times two: Moments from now the family and I will be heading out the door to see the Trenton Thunder play the Harrisburg Senators. Then, tomorrow night, I’ll be going to see the Philadelphia Phillies play the New York Mets.

Posted at 11:58 by Howard Bashman

“Beaumont known for torts”: This article appears in today’s edition of The Dallas Morning News.

Posted at 10:02 by Howard Bashman

“Suspect Surrenders After Deputy Barks”: The Associated Press provides this report.

Posted at 09:46 by Howard Bashman

In Sunday’s newspapers: In today’s issue of The New York Times, the Week in Review section contains an item headlined “In Changing the Law of the Land, Six Justices Turned to Its History.” Adam Liptak has an article headlined “Facing a Jury of (Some of) One’s Peers.” An article reports that “F.B.I. Is Accused of Bias by Arab-American Agent.” A follow-up report bears the headline “The Needle Swappers Are Still Wary.” In local news, “Picking Judges: Party Machines, Rubber Stamps.” And New York’s Attorney General, Eliot Spitzer, has an op-ed entitled “Testing Our Leadership.”

The Washington Post reports here that “Native Hawaiians Reclaim Heritage; Group Seeks Rights as Indigenous People.” An article reports that “Muhammad Judge Known For Fairness; Lawyers Call Millette Unflappable in Court.” In other news, “3 Wanted Men Arrested In Virginia Jihad Case.” An article reports that “DNA Tests Create Clues In Cold Cases, Officials Say.” From Virginia comes news that “Road to Courthouse Likely Still on Docket; Muhammad Trial Doesn’t Alter Plans.” An editorial about a Virginia prisoner’s death sentence is entitled “A Washing of Hands.” And an op-ed by Lee Ellen Helfrich is entitled “An Interior Case That Lays Bare Government as Usual.”

In The Washington Times, you can access here an article headlined “Pot paradox” and here an article headlined “Nevada grower set to branch out with pot sales.” And an op-ed by Paul Greenberg is entitled “How diversity became Orwellian.”

The Boston Globe reports here that “Race, sex, and age drive ticketing; Minorities and men least likely to receive warnings.” And columnist Ellen Goodman has an op-ed entitled “Blonde ambition.”

The Los Angeles Times reports here that “Lawyers Hope DNA Testing Clears Convict; If the court-ordered testing clears a Hesperia man convicted of killing his wife, it will be a first for the California Innocence Project.” And letters to the editor appear under the heading “Asking for God’s Help With the High Court.”

Posted at 09:08 by Howard Bashman

“Analysis: ‘Soft’ money ban on the edge.” Michael Kirkland, UPI Legal Affairs correspondent, offers this news analysis.

Posted at 09:02 by Howard Bashman

“Justices: When in Rome, do as the Romans do.” David Keene had this op-ed last week in The Hill.

Posted at 09:01 by Howard Bashman

“My Turn: Creative interpretations.” Anthony J. Mirabella had this op-ed in Friday’s issue of The Juneau Empire.

Posted at 09:00 by Howard Bashman

“Photos tell of court’s quieter moments”: Friday’s edition of The Lawrence Journal-World contained this report.

Posted at 08:57 by Howard Bashman

“Sarbanes, Mikulski protest nomination of U.S. appeals judge; Marylander should fill vacancy created by death of Murnaghan, they say”: This article appeared in Friday’s issue of The Baltimore Sun.

Posted at 01:05 by Howard Bashman

“Anti-sodomy dissent mirrors justification for slavery, scholars say”: The Knight Ridder news service on Friday published this rather provocative article.

Posted at 01:04 by Howard Bashman

“Sandra Day O’Connor’s Elitist Decision: Another Three-Card Monte Game.” Columnist Nat Hentoff has this essay posted online Friday at The Village Voice’s Web site.

Posted at 00:04 by Howard Bashman

“Senate confirms Duncan for court; Despite other splits, N.C.’s senators see nomination through”: This article appeared in Friday’s edition of The Charlotte Observer.

Posted at 23:58 by Howard Bashman

“Brown Reportedly to Be Named to D.C. Circuit by Bush”: Yesterday’s edition of The Metropolitan News-Enterprise contained this article.

Posted at 20:47 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Gore Lawyer Accused of Ethics Violations”; here “Judge Orders U.S. to Retain Iraq Assets”; and here “Arab-American FBI Agent Sues Agency.”

Posted at 20:18 by Howard Bashman

“Analysis — O’Connor: A mighty swing”: Last Sunday’s issue of The Arizona Republic contained this report.

Posted at 16:10 by Howard Bashman

Decalogue blog — Arizona edition: Yesterday’s issue of The Arizona Republic reported here that “ACLU seeks religion-free Bolin Plaza.” Yesterday’s edition of The Tucson Citizen contained an article headlined “ACLU says: Thou shalt not … Monument with Ten Commandments ‘offends Constitution,’ must go, says civil liberties group.” The article also features a large photograph of the monument. Yesterday’s edition of The Arizona Daily Sun reported here that “Christian group plans to fight monument’s removal.” Meanwhile, Thursday’s edition of The Daily Sun contained an article entitled “ACLU: Thou shalt not use Ten Commandments monument at State Capitol.” And yesterday’s issue of The Forward addressed the all important question “Decalogue or Eleven-alogue?“

Posted at 15:53 by Howard Bashman

“Fund-raising questions may hurt Pryor; Analysts say a longer process for Bill Pryor likely will not help him”: Today’s edition of The Montgomery Advertiser contains this report.

Posted at 10:46 by Howard Bashman

In Saturday’s newspapers: The Los Angeles Times reports here that “White House Nod Expected for State Jurist; California Supreme Court Justice Janice Rogers Brown could be tapped for an appellate post — and get a fight from Democrats.” An article reports that “Recall Foes Get Double Setback; Two court rulings, along with a high rate of signature validation, raise the likelihood of a vote on Gov. Davis as early as Sept. 30.” In other news, “Contempt Order Denied in Sex Harassment Case; Although a judge rejects a motion sought by U.S. forestry workers, the government is ordered to report its progress on provisions of settlement.” Bloomberg News reports that “Judge OKs Microsoft Settlement With Calif.” In other business news, “Record Labels Send Flurry of Subpoenas; The industry seeks identities of online song swappers from ISPs. Suits are expected next.” And letters to the editor appear under the headings “Connerly’s Views on Racial Preferences” and “A Good Asbestos Bill Would Include Research.”

The Washington Post reports here that “Contempt Ruling Against Norton Reversed; D.C. Circuit Says Sanction on Interior Chief Not Warranted in Indian Trust Fund Case.” In other news, “Bills to Change Fetus’s Status Gain Support; Measures Expanding Crime Victim Designation Called Backdoor Curbs on Abortion Rights.” An article reports that “Bush Halts Military Proceedings Against 3.” And an editorial is entitled “Dissent on Detention.”

The Washington Times reports here that “Interior’s Norton cleared of contempt.” In other news, “Seattle school board targeted for soda pact.” And an editorial is entitled “Soda jerk.”

The New York Times reports here that “Order Against Interior Dept. Is Overturned.” In local news, “For Pornographer, 3-Letter Word Overturns Conviction.” An article reports that “Sex Arrests on a Gay Beach Provoke a Hamptons Debate.” In business news, “Wealthy Family Is Suing Lawyer Over Tax Plan.” An editorial concerning Eleventh Circuit nominee William H. Pryor, Jr. is entitled “The Marketing of Political Clout.” And letters to the editor appear under the heading “The Justice Dept. and the Terror Case.”

The Boston Globe reports here that “City hasn’t hired whites passed over for firefighting jobs.” An article reports that “Lawyers back candidates, lobbyists to prevent malpractice award cap.” You can access here an article headlined “Recording industry on attack; Subpoenas data on Net music sharers.” In local news, “Lawyer’s concealed wire prompts convict’s appeal.” And an editorial is entitled “Malpractice distraction.”

Posted at 10:12 by Howard Bashman

Available online at law.com: Tony Mauro reports that “McCain-Feingold Plaintiffs Squabble Over Argument Time.” Marcia Coyle reports that “New Standards in Death Penalty Cases Predicted.” In news from Pennsylvania, Shannon P. Duffy reports that “Abortion Clinic Can Fight Zoning Law.” An article reports that “5th Circuit Rejects Branch Davidians’ Federal Tort Case.” In news from the Second Circuit, “Deficient Benefit Plan Not Enough to Overcome Denial of Benefits.” An article reports that “Miami Judge Rejects Motion to Rehear Bacardi Stock Case.” From New York comes news that “Prosecutor Erred, Goldstein’s Harass Conviction Reversed.” And Tamar M. Meekins has an op-ed entitled “The Supreme Court’s Drug Test: Justices leave loophole in ruling on forced medication of defendants.”

Posted at 23:27 by Howard Bashman

Making a mockery of the law? Today Slate offers an essay entitled “The People v. Charlie Hustle: Pete Rose gets his day in court.” Today’s edition of The Cincinnati Enquirer contains an article headlined “Mock verdict: Put Pete in Hall; Rose finally gets his day in court … sort of.” You can access here an article headlined “Chesley: Forget politics, Rose is Hit King; Local lawyer watches ESPN mock trial with disdain.” Finally, you can access much, much more information on yesterday’s mock trial hosted by ESPN via this link at ESPN.com.

Posted at 23:22 by Howard Bashman

Elsewhere in Friday’s newspapers: In USA Today, Joan Biskupic reports that “Court’s opinion on gay rights reflects trends; Recent ruling on sodomy laws is one more sign of acceptance by U.S. society.” And in other news, “Ill. law 1st to order taping murder confessions; Law meant to limit false convictions.”

In The Boston Globe, Lyle Denniston reports that “Ruling delayed on challenge in Moussaoui case.” And in local news, “FBI frame-up suit to proceed” and “No wedding bells in jail; Bristol sheriff refuses to grant marriage requests by inmates.”

The Los Angeles Times reports here that “Judge Urged Not to Free Man Held as Combatant.” In news from California, “Relief Coming for Jurors Ill at Ease With Legalese; A state panel OKs simple civil jury instructions. Criminal courts are next.” An article reports that “Court Orders EPA to Reconsider Ethanol Gasoline Requirement.” And in other news from California, “Judge Orders New Irrigation Plan for Klamath, Citing a Threat to Salmon; Wildlife officials and water regulators are ordered back to the drawing board. Both sides in the long battle claim partial victory.” And from San Francisco comes a report that “UC Bans Dating of Faculty, Students; Professors are barred from having affairs with those they teach or are likely to teach.” You can access here commentary in response to the question “Should courts strike down land-use law?” An op-ed by Christopher Uggen and Jeff Manza is entitled “They’ve Paid Their Debt; Let Them Vote.” And a letter to the editor appears under the heading “Clintons Shouldn’t Have to Pay Legal Fees.”

The Washington Times reports here that “Fast-food suits will go on, say advocates.” And an editorial is entitled “Bang, bang… you’re alive.”

Posted at 22:50 by Howard Bashman

In news from California: “Calblog” reports here that “The Third District Court of Appeal ruled in favor of the Recall Gray Davis committee and against the Secretary of State, ordering counties to count and verify signatures as they come in.” You can access the ruling in question at this link.

Posted at 22:49 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Judge to Issue New Moussaoui Schedule”; here “Nevada Decision Blocking Amendment Upheld”; here “Contempt Hearing in Missouri River Set”; here “Veto of Felon Voting Protested in Alabama”; and here “Report Probes Rights of Native Americans.”

Posted at 21:01 by Howard Bashman

Language of the law: William Safire’s “On Language” column from this upcoming Sunday’s issue of The New York Times Magazine is available online now, and the column addresses “a controversy in protocol: How do you address an attorney general? Or a solicitor general, inspector general or postmaster general? Is the officeholder properly called ‘General’?” The column also separately mentions the U.S. Supreme Court‘s recent ruling in Lawrence v. Texas.

Posted at 16:40 by Howard Bashman

En banc Fourth Circuit reinstates in part sexual harassment verdict in a case where propriety did not permit me to summarize the facts: Today the U.S. Court of Appeals for the Fourth Circuit issued its en banc ruling in Ocheltree v. Scollon Productions, Inc. Back on October 10, 2002, in a post you can access here, I wrote:

A divided Fourth Circuit panel resolved a rather outlandish sexual harassment case today: You can access the court’s ruling at this link. (I’d try to summarize the facts and holding, but as you’ll see if you look at the case, it’s difficult to decide where to begin.)

The ruling’s significance did not escape The National Law Journal, which shortly thereafter published an article entitled “Panel reverses sex harassment verdict.”

Today, by a vote of 10-2, the en banc Fourth Circuit reinstated the compensatory damages portion of the verdict in plaintiff’s favor that the three-judge panel’s decision had overturned. You can access the en banc decision at this link.

Update: As several readers have noted via email, this case also was featured in The New York Times Magazine’s cover story of March 9, 2003, entitled “The Power of the Fourth.” Of course, given the new NYT online archiving policy, you can only freely access online a short summary of that cover story now.

Posted at 14:56 by Howard Bashman

Today’s Ninth Circuit round-up, featuring “Goosebumps” and pruno: A dispute between Scholastic Entertainment, Inc. and Fox Entertainment Group involving a television series based on the “Goosebumps” books for children has resulted in a decision that the U.S. Court of Appeals for the Ninth Circuit issued today. The opinion, which you can access here, begins:

We confront one of the “knottiest problems in copyright jurisprudence”–whether a case involving interdependent copyright and contract claims “arises under” the federal copyright laws for the purposes of 28 U.S.C. sec. 1338(a). 3 Melville B. Nimmer & David Nimmer, Nimmer on Copyrights sec. 12.01[A], at 12-14 (2003). The complaint before us essentially alleges copyright infringement for the sole purpose of obtaining a determination of ownership. Because questions regarding the ownership of a copyright are governed by state law, we determine that subject matter jurisdiction is lacking and affirm.

In a separate ruling issued today, the Ninth Circuit considered a California state prison regulation that prevented someone who forfeited 120-days’ “good time” credit for drinking pruno — a fermented drink made by prisoners from scraps of fruit and vegetables — from recovering back all or part of that “good time” credit following an additional period of good behavior. Because the rules in effect when the prisoner drank the pruno allowed lost “good time” credit to be recovered following additional good behavior, the Ninth Circuit held that the new rule was being employed in a unconstitutionally retroactive manner. You can access this second ruling here.

Posted at 13:47 by Howard Bashman

“The Green Bag” has a new subscriber: This morning I finally got around to becoming a subscriber to “The Green Bag.” And while it’s too late for you to sign-up and receive the Chief Justice William H. Rehnquist bobble-head doll, by signing-up now you can guarantee yourself a Chief Justice Antonin Scalia or J. Harvie Wilkinson III bobble-head doll if either of those men ever happens to ascend to the post of Chief.

Posted at 12:41 by Howard Bashman

Senior Eighth Circuit Judge, in concurring opinion, condemns consequences of Feeney Amendment to the PROTECT Act: Today Senior Eighth Circuit Judge Myron H. Bright issued a concurring opinion that concludes:

I want to conclude by making a plea to the district judges of this country who feel that they should have some say and some discretion in sentencing. Let your opinions disclose your views about the injustice in the sentencing decision or decisions you are obligated to impose by Congressional mandate and/or the Sentencing Guidelines.

Let me say further that judges generally do not object to appropriate guidelines for sentencing decisions but the time has come for major reform in the system. I say in this concurring opinion, as I have said in other sentencing opinions that I have written, “Is anyone out there listening?” United States v. Alatorre, 207 F.3d 1078, 1080 (8th Cir. 2000) (Bright, J., concurring).

People are listening now, Judge Bright.

Posted at 12:16 by Howard Bashman

“Killer’s Sex-Change Suit Gains”: Today’s issue of Newsday reports here that “In a decision that outraged state officials and prosecutors, a federal judge has ruled that a lawsuit by a convicted murderer who wants the state to pay for an operation to make him a woman can go forward.” (Via “Obscure Store.”)

Posted at 11:50 by Howard Bashman

Available at National Review Online: Kay R. Daly has an essay entitled “Gone Fishing: The Senate Democrats work to kill Bill Pryor’s judicial nomination.” And Matthew J. Franck has an essay entitled “The Greenhouse Defect: Reading the SCOTUS wrap-ups.”

Posted at 11:37 by Howard Bashman

Law Professor Jack Bogdanski has some prayers of his own concerning the U.S. Supreme Court: Here, at “Jack Bog’s Blog.”

Posted at 11:34 by Howard Bashman

“Appeals Court Reverses Norton Ruling”: The AP provides this coverage (updated link).

Posted at 11:22 by Howard Bashman

Decalogue blog: In news from Wisconsin, The Associated Press reports here that “A federal judge ruled that the city of La Crosse must remove a Ten Commandments monument from a public park, saying it tried to ‘disguise its intent’ to advance religion by selling the parcel of land to a private group. The display still violates the separation of church and state, U.S. District Judge Barbara Crabb wrote in an opinion handed down Monday.” You can access the ruling that Chief Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin issued Monday at this link.

The La Crosse Tribune has provided extensive local coverage of this matter. On Tuesday, the newspaper reported here that “Judge rules Ten Commandments must be removed” and here that “Local plaintiffs happy with court decision.” On Wednesday, the newspaper contained an article headlined “Monumental decision: Council to decide next step on Ten Commandments ruling” and reported here that “Syndicated talk-show host delves into issue.” An article published over one year ago when the lawsuit began was entitled “Madison group files suit to remove Ten Commandments.” The group in question is the The Freedom From Religion Foundation.

An editorial in response to the ruling is entitled “Find a private home for commandments.” Columnist Matt James yesterday had an essay entitled “Monument debate boils down to separation” and today has an essay entitled “Let’s talk about the big Ten.” Finally, today’s newspaper also contains letters to the editor on the matter.

Posted at 10:52 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Man Found Guilty After Mooning Jury” and here an article entitled “Colo. Judge Must Consider E-Mail Mandate.”

Posted at 10:32 by Howard Bashman

In Indian Trust litigation, unanimous three-judge D.C. Circuit panel vacates various contempt findings against the federal government and holds that trial court erred in appointing third-party monitor/special master: You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit in this extraordinarily contentious case at this link. This ruling appears, at first glance, to be a big win for the federal government.

Posted at 10:18 by Howard Bashman

“Justice Takes a Holiday: Five members of the Supreme Court are off vacationing in Europe. Maybe that explains what’s happening to the Constitution.” Terry Eastland has this essay online at The Weekly Standard.

Posted at 10:17 by Howard Bashman

“Court Backs Calif. in Gasoline Row with EPA”: Reuters has this report. You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:14 by Howard Bashman

A request to my readers in California who have access to the subscriber-only content of The Recorder: The article for which I was interviewed yesterday about my assessment of the Bush Administration‘s intended nomination of California Supreme Court Justice Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit has turned out to be accessible online only by subscribers of The Recorder, California’s law.com affiliate. If someone with online access to the article would be so kind as to cut-and-paste its text into an email to me, I’d be most appreciative. Update: Even though it’s still quite early on the west coast, someone has already been kind enough to email the article to me.

Posted at 09:05 by Howard Bashman

Additional coverage of the Senate Judiciary Committee‘s postponement yesterday of a vote on the nomination of William H. Pryor, Jr. to serve on the U.S. Court of Appeals for the Eleventh Circuit: The Montgomery Advertiser reports here that “Democrats succeed in Pryor vote delay; The Senate Judiciary Committee now plans to vote on the appointment Wednesday.” The Birmingham News reports here that “Senators squabble over Pryor documents.” The Washington Times reports here that “Democrats’ call for inquiry delays vote on judge nominee.” The Pittsburgh Post-Gazette reports here that “Judicial panel’s vote on Pryor delayed again.” The Dallas Morning News reports here that “Cornyn defends AG group; Democrats question fund-raising tactics of GOP association.” And you can access here a press release entitled “Alliance for Justice Calls for Withdrawal of Alabama Attorney General’s Nomination to 11th Circuit.”

Posted at 07:06 by Howard Bashman

“Justice Moore decries ‘hypocrisy’ while defending monument; State’s top jurist, during rare televised interview, condemns what he sees as contradictory federal rulings”: Yesterday’s edition of The Mobile Register contained this report. The Birmingham News reported here yesterday that “Moore’s mum on possibilities for monument.” The Associated Press reported here that “Chief justice gives first interview since commandments ruling.” And an op-ed by Marianne Means that appeared in yesterday’s issue of The Seattle Post-Intelligencer was entitled “Commandments will test high court.”

You can view online Alabama Public Television‘s interview earlier this week with Chief Justice Roy Moore of the Supreme Court of Alabama at this link.

Posted at 06:58 by Howard Bashman

In Friday’s newspapers: The Washington Post reports here that “Panel Puts Off Vote on Nominee; Dispute Erupts on Fundraising Issue.” An article reports that “Judge Seeks Guidance on Sanctioning U.S. in Terror Case.” In other news, “Malvo Was ‘Proud’ of Shootings; Va. Prosecutors Seek Guards’ Testimony.” And an article reports that “Iran Must Pay Family of Blast Victim, Court Says; $313 Million Awarded for 1997 Israel Bombing.”

In The New York Times, Neil A. Lewis reports that “Democrats Question Fund-Raising by Appeals Court Nominee.” In news from California, “Judge Orders Change in Plan to Distribute Klamath River Water.” And in local news, “New Court Fees Are Challenged — in Court.”

In The Christian Science Monitor, Warren Richey has an article headlined “In Moussaoui tangle, glimpse of terror’s legal tug of war; His case may help determine reliance on courtroom or battlefield tactics.” And an editorial is entitled “Miranda Wrongs.”

Posted at 06:32 by Howard Bashman

U.S. Senate confirms Allyson K. Duncan to serve on the U.S. Court of Appeals for the Fourth Circuit by a vote of 93-0: You can access the official roll call tally at this link. Duncan is going to be the first African American female to serve on the Fourth Circuit.

Posted at 22:46 by Howard Bashman

“UC regents approve ban on faculty dating students”: The Associated Press provides this news from California. And Reuters reports here, “No sex please, California tells its professors.”

Posted at 22:39 by Howard Bashman

“Senate Panel Delays Vote on Pryor Nomination”: Reuters offers this report.

Posted at 22:36 by Howard Bashman

Elsewhere in Thursday’s newspapers: The Washington Times reports here that “Senate bill bans obesity lawsuits.” And in other news, “Muhammad’s trial moved.”

USA Today reports here that “Justice Dept. delegation to Iraq couldn’t work or talk; Participant cites chaos, gag order.”

The Boston Globe reports here that “College leaders share affirmative action ideas at Harvard.” And in other local news, “Mass. lawyers weigh New York ruling on school funding; See the decision bolstering claim.”

The Los Angeles Times reports here that “Illinois Poised to Set Taped Interrogation Rule; Governor is expected to sign nation’s first statute mandating recording police interviews. Cases involving coerced confessions led to action.” An editorial is entitled “Reaffirm Miranda Rights.” And columnist Norah Vincent’s op-ed today bears the title “Gays Won’t Tear Marriage Asunder.”

Posted at 22:27 by Howard Bashman

“Senators Delay Pryor’s Court Nomination”: Jesse J. Holland of The Associated Press has this late report.

Posted at 22:11 by Howard Bashman

Vote will come later for Pryor: Later as in next Wednesday, at the earliest. Details here via “The Corner.”

Posted at 21:16 by Howard Bashman

“Democrats seek delay in Pryor vote”: The Montgomery Advertiser provides this updated report. The article states that “Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, gave Democrats only until the end of the day to complete their investigation of Pryor’s role in founding the Republican Attorneys General Association. Hatch said he’d schedule a vote on Pryor’s nomination after the Senate completes its work today, but admitted that Democrats might boycott the meeting and leave him without a quorum for a vote.”

The worry over lack of a quorum may be misplaced, because as I read the Senate Judiciary Committee‘s Rules, “Ten Members shall constitute a quorum of the Committee when reporting a bill or nomination; provided that proxies shall not be counted in making a quorum.” Thus, if all Republicans on the committee are present, a quorum will exist.

Posted at 19:42 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Robertson Clarifies Supreme Court Remarks” and here an article entitled “Gov’t Sanctions in Moussaoui Case Delayed.”

Posted at 19:41 by Howard Bashman

The Second Amendment rights of teddy bears: It’s a law review article that demands to be written, based on material ripped from today’s headlines. The Associated Press reports here that “Airport Workers Find Gun in Teddy Bear.” Update: A reader emails: “You mean the Second Amendment embraces not only the right to bear arms, but the right to arm bears?”

Posted at 17:37 by Howard Bashman

Why do you characterize it as “a brilliant political move by the Bush Administration”? A short time ago, a newspaper reporter who is writing a follow-up story on the Bush Administration’s intention to nominate California Supreme Court Justice Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit interviewed me to learn the thought process behind my comment here last night that “I view this as a brilliant political move by the Bush Administration.” If the article uses some of my quotes, and if the article is freely available online, I’ll be sure to provide a link to it.

Posted at 17:33 by Howard Bashman

Fat chance: The Associated Press reports here that “Sen. Bill Blocks Weight-Related Lawsuits.”

Posted at 17:26 by Howard Bashman

Terrorism doesn’t pay: In two separate decisions issued today (see here and here), the U.S. District Court for the District of Columbia has assessed a total of $600 million against Islamic terrorist groups.

Posted at 17:10 by Howard Bashman

Who wants to be a Seventh Circuit judge? Well, I for one did not apply. It sufficiently freaked-out my wife when I mentioned here how much I’d probably enjoy being a judge serving on the U.S. Court of Appeals for the Ninth Circuit. But according to this article that appears in today’s issue of The Milwaukee Journal Sentinel, Deputy Solicitor General Paul D. Clement is among twelve individuals who have applied to replace Circuit Judge John L. Coffey of Milwaukee when he takes senior status soon. The names of the eleven other applicants are also set forth in the article, and I’m advised that the bios of many of the applicants are readily available online.

Posted at 16:32 by Howard Bashman

“Senators Delay Pryor’s Court Nomination”: Jesse J. Holland of The Associated Press has this report. The delay, of course, is only until sometime later today, so stay tuned for more news later.

Posted at 16:09 by Howard Bashman

Eleventh Circuit holds that federal government may lawfully detain inadmissible aliens indefinitely: And thus the circuit split on this issue intensifies further. I had thought that the Supreme Court of the United States would have granted review recently to consider an en banc Sixth Circuit ruling issued earlier this year that reached the opposite conclusion, but review was denied. You can access today’s unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link. You can access the Solicitor General‘s cert. petition seeking review of the Sixth Circuit case here, and a reply in support of the petition here.

Posted at 16:00 by Howard Bashman

“Judge names special prosecutor for Bitsky”: Today’s edition of The Wisconsin State Journal reports here that “The ongoing federal civil rights case against former Adams County Undersheriff Kenneth Bitsky took another twist Wednesday when a federal judge in Madison appointed a special prosecutor to try the case. A UW-Madison law professor said that the only other time in U.S. history this was attempted by a judge was in connection with a Watergate-era case, and that appointment was overturned by a federal appeals court.”

Posted at 15:22 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Wis. High Court Drops Suit Against Paper”; here “Former Texas AG Morales Pleads Guilty”; and here “Man Sentenced on Racketeering, Not Terror.”

Posted at 15:19 by Howard Bashman

“E-Celebrity”: The blog “Life, Law, Libido” has a comment on my appearance in the audience yesterday at the Legal Times event in Washington, D.C.

Posted at 15:08 by Howard Bashman

“Court Dismisses Ohio Man’s Guilty Plea”: The Associated Press reports here that “A state appeals court on Thursday dismissed the guilty plea of a man imprisoned for writing fictitious stories of child torture and molestation.” You can access today’s ruling of the Court of Appeals of Ohio, Tenth Appellate District, at this link (Microsoft Word document).

Recently confirmed Sixth Circuit Judge Jeffrey S. Sutton is listed among the attorneys on the winning side of this appeal.

Posted at 14:24 by Howard Bashman

“Pat Robertson: Pray for justices to retire”: CNN.com provides this transcript of an interview that Paula Zahn conducted with Robertson.

Posted at 13:00 by Howard Bashman

Congratulations to Walter Olson’s Overlawyered.com for being the FOXNews.com blog of the week: Details are available here.

Posted at 12:24 by Howard Bashman

“Appealing to a Higher Power: Why we should pray to God for three Supreme Court justices to retire.” Pat Robertson has this op-ed in today’s issue of The Los Angeles Times.

Posted at 12:23 by Howard Bashman

Available at National Review Online: Kathryn Jean Lopez has an essay entitled “Pryor Excuse: The Left works to kill a nomination.” And John J. Miller has an essay entitled “Betsy’s Choice: Michigan Republicans confront Ward Connerly.”

Posted at 12:21 by Howard Bashman

Senate Judiciary Committee play-by-play: The blog “Southern Appeal,” which enthusiastically supports the confirmation of Eleventh Circuit nominee William H. Pryor, Jr., is providing a chronicle of this morning’s business meeting. And Jonathan H. Adler, over at “The Corner,” provides his thoughts.

Posted at 12:06 by Howard Bashman

Eugene Volokh speaks: If you have a spare 20 minutes (yeah, right!), you can listen via this link to an MP3 file consisting of an interview about blogging with UCLA Law Professor Eugene Volokh. The interviewer is Christopher Rotten — um, make that Christopher Lydon. You can access the interview via this link (scroll down a bit). (Thanks to “Bag and Baggage” for the pointer, and thanks to Prof. Volokh for mentioning that “How Appealing” is a blog he enjoys reading.)

Posted at 08:10 by Howard Bashman

“State to appeal ban on flag pledge law; The attorney general will challenge a judge’s ruling on the mandate for student recitation.” The Associated Press provides this report from Pennsylvania. You can access here the ruling in question, which the U.S. District Court for the Eastern District of Pennsylvania issued earlier this week.

Posted at 07:06 by Howard Bashman

“Specter Squeezed From Left, Right On Support for Bush’s Bench Picks”: Tomorrow’s edition of The Forward will contain this report.

Posted at 07:00 by Howard Bashman

On the agenda: Today at 9:30 a.m., the Senate Judiciary Committee will hold a business meeting at which Eleventh Circuit nominee William H. Pryor, Jr. is scheduled to receive a vote in committee.

But smooth sailing does not appear to be on the horizon. Today’s edition of The Birmingham News reports here that “Demos want more time to study Pryor answers.” The Mobile Register reports here that “Dems seek delay in vote on Pryor; Leahy, Kennedy claim GOP leaks to Register columnist have compromised investigation.” And The Atlanta Journal-Constitution reports here that “Court nominee’s accuracy questioned; Democratic senators attempt to block panel vote set Thursday.”

Posted at 06:53 by Howard Bashman

“Chief justice nears decision”: The Montgomery Advertiser today offers this report from Alabama.

Posted at 06:52 by Howard Bashman

“State supreme court judge may get nod for D.C. post”: Today’s issue of The San Jose Mercury News contains this report. You can access my earlier coverage of this matter at this link.

Posted at 06:50 by Howard Bashman

In Thursday’s newspapers: The New York Times reports here that “2 Democrats Seek Delay in Vote on a Bush Judicial Nominee.” Adam Liptak reports here that “Puerto Ricans Angry That U.S. Overrode Death Penalty Ban” and here that “Trial of Older Sniper Defendant Also Moved.” In other news, “Illinois Will Require Taping of Homicide Interrogations.” And in local news, “Brooklyn Democrats Lift Veil on Judicial Selection.”

In The Washington Post, a front page article reports that “GOP Attorneys General Asked For Corporate Contributions.” An article reports that “Muhammad Trial Moved Out of N.Va.; Effort to Find Untainted Jurors Puts Sniper Case in Tidewater.” You can access here an article headlined “Dean Flaunts His Internet Edge as Guest ‘Blogger.'” And an editorial is entitled “More Moussaoui Mess.”

Posted at 06:34 by Howard Bashman

Today’s and yesterday’s FindLaw columnists: Today, Marci Hamilton has an essay entitled “The Case for Abolishing Child Abuse Statutes of Limitations, And For Victims’ Forgoing Settlement In Favor of A Jury Trial,” and Laura Hodes has an essay entitled “The Recent California Decision On Intel and Email: Less Significant Than It May Seem.” Yesterday, Sherry F. Colb had an essay entitled “The New York Racist Float Case: How the First Amendment Does – and Does Not – Protect Racist Cops and Firemen,” and Barton Aronson had an essay entitled “Why the Government’s Decision to Prosecute Doctors Who Inform Patients of Marijuana’s Medical Benefits Is A Blatant First Amendment Violation.”

Posted at 06:32 by Howard Bashman

“The Vanishing Black Undergrad: College demographics, post-Michigan.” Peter N. Kirsanow, a commissioner on the U.S. Commission on Civil Rights, had this essay yesterday at National Review Online.

Posted at 06:28 by Howard Bashman

Available online at The Hill: An article reports that “Nelson can’t support Bush nominee.” And columnist Byron York has an essay entitled “Senator Levin to Michigan: Drop dead.”

Posted at 06:25 by Howard Bashman

California Supreme Court Justice Janice Rogers Brown to be nominated to the U.S. Court of Appeals for the D.C. Circuit: As I have noted in posts you can access below, this news has now gone public. You can access here Charles Lane’s article in today’s edition of The Washington Post, and you can access here an article from The Recorder (which first broke the news online last night).

Posted at 01:28 by Howard Bashman

Now available online: You can now access here the Pledge of Allegiance law ruling of the U.S. District Court for the Eastern District of Pennsylvania and here the ruling of the Supreme Court of Georgia refusing (over the dissent of one justice) to dismiss as moot the case of Perdue v. Baker.

Posted at 01:09 by Howard Bashman

Second Circuit affirms dismissal of civil rights suit filed by Bronx High School of Science teacher after school board fired him for membership in the North American Man/Boy Love Association: You can access Wednesday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 00:31 by Howard Bashman

More discussion of the ethics of blogging for federal judicial law clerks: Here, via “stickbugblog,” and here, via “The Curmudgeonly Clerk.”

Posted at 00:22 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Christian Leaders Urge Commandments Rally” and here an article entitled “Judge Moves Sniper Trial to Va. Beach.”

Posted at 00:21 by Howard Bashman

Today’s the day for Eleventh Circuit nominee William H. Pryor, Jr. to receive a vote in the Senate Judiciary Committee: Today’s business meeting of the Senate Judiciary Committee is scheduled to get underway at 9:30 a.m.

Reuters reports here that “Senator Sees Approval of Conservative as Judge.” Yesterday’s edition of The Pittsburgh Post-Gazette reported here that “Judge vote puts Specter on the spot” and had a second item headlined “Here’s how Pryor got his reputation.” On the ground in Washington, D.C. yesterday, I was reliably advised that Senator Arlen Specter (R-PA) had decided to vote in favor of Pryor’s nomination at the business meeting today. The Associated Press reported here that “Democrats call for another delay on Pryor vote.” And in The Mobile Register, columnist Quin Hillyer had an essay entitled “A late attack on Pryor, courtesy of purloined memos.” (Links in this paragraph via “Southern Appeal.”)

Posted at 00:07 by Howard Bashman

“Pledge of Allegiance law rejected; Judge: Pa.’s requirement violated students’ rights.” This article appeared in today’s issue of The Philadelphia Inquirer. And The Philadelphia Daily News reported here that “Schools can’t force recitation of Pledge.”

Posted at 23:58 by Howard Bashman

“Lawyers challenge tobacco reversal; Motion says ruling parrots the industry”: Today’s edition of The Miami Herald reports here that “Attorneys for a group of sick Florida smokers today were expected to file a motion accusing three appellate judges of ‘judicial plagiarism’ in the aftermath of their stunning decision to throw out a $145 billion judgment against top U.S. cigarette makers.” Judicial plagiarism is funny in that the lawyers whose work was plagiarized don’t complain; rather, it’s the opposing lawyers whose work wasn’t plagiarized who are upset.

Posted at 23:54 by Howard Bashman

“New justices named to hear O’Connor complaint”: The Toledo Blade today provides this report, which begins: “In a highly unusual move, a new Ohio Supreme Court was named yesterday for the sole purpose of considering motions stemming from a judicial conduct complaint filed against one of its own, Justice Maureen O’Connor.” (Via “The Paper Chase.”)

Posted at 23:53 by Howard Bashman

“Bush May Tap Calif. Justice for Federal Seat; Appointment From State Supreme Court Would Bolster Conservative Tilt in D.C. Circuit”: Charles Lane will have this report in Thursday’s issue of The Washington Post. The individual in question is California Supreme Court Justice Janice Rogers Brown. Lane writes, “Given the entrenched opposition to both Estrada and Kavanaugh, Brown may have the best shot, sources familiar with the confirmation process say.” I agree, and I view this as a brilliant political move by the Bush Administration.

Posted at 23:47 by Howard Bashman

My visit today to Washington, D.C.: I had an absolutely wonderful visit today to the Nation’s capital. My visit began late morning at the Supreme Court of the United States, where I received the most comprehensive behind-the-scenes tour imaginable from a law clerk whose year at the Court is due to wrap up in just a few days. I can now confirm first-hand that “How Appealing” is widely-read and admired at the Court, and that news pleases me tremendously.

After lunching with my tour guide at a nearby Thai restaurant, I went on to my next appointment, to meet with some staffers at the Senate Judiciary Committee. Democrats in the U.S. Senate are on the verge of filibustering a total of five federal appellate court nominees (Estrada, Owen, Pickering, Kuhl, and Pryor), and the chances that any of these five nominees will be confirmed are quite remote. Moreover, it’s unlikely that the 2004 Senatorial elections will provide a Republican President with a filibuster-proof majority on judicial nominees.

From the Senate, I headed over to Tony Mauro’s Legal Times seminar, “Sizing Up a Pivotal Supreme Court Term: A Practitioner’s View.” I had the pleasure of chatting with both Maureen E. Mahoney and Paul M. Smith in advance of the program. Mahoney argued and won the Grutter v. Bollinger case, and Smith argued and won Lawrence v. Texas. While people certainly can debate at length whether these cases reached legally sound results, both of these talented advocates deserve congratulations for their quite significant victories. The program itself was very interesting, and Tony Mauro was most kind to single me (a mere attendee) out for introduction during his opening remarks. At some point soon, a transcript of the presentation may become available online, and if it does I’ll be sure to link to it. It was great to meet so many readers of this Web log at the event.

Finally, I had the pleasure of having dinner with an appellate lawyer whose name has appeared here from time to time but whom I had never previously met. Dinner was wonderful, but entirely off-the-record.

When I started this blog, I had no idea it would generate such an extraordinary following and tremendous amount of positive feedback. But no one is more pleased than I am that it has.

Posted at 23:10 by Howard Bashman

“California Justice on Track for D.C. Circuit”: The Bush Administration is on the verge of nominating California Supreme Court Justice Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit, The Recorder reports here. Although Justice Brown’s nomination may not be popular with liberal groups, in my view she has a good chance of being confirmed if the nomination occurs.

Posted at 23:08 by Howard Bashman

In Wednesday’s newspapers: The New York Times reports here that “Future of Terror Case Is in Judge’s Hands.” In other news, “Clintons Must Pay Bulk of Whitewater Legal Fees, Panel Rules.” An article reports that “Democratic Candidates Split on Issue of Gay Marriages.” From Washington comes news that “U.S. Deports Charity Leader in Visa Dispute.” An article reports that “Tribe’s Feud With Police Goes to Courts.” In local news, “Affirming Increase, Court Rules Fares Are M.T.A.’s Call.” An editorial is entitled “New Hope for the Missouri.” And a letter to the editor from Mario Cuomo appears under the heading “Death Penalty: Worth the Risk?”

The Washington Post reports here that “Clintons Lose Legal Fees Claim.” In other news, “3 Support Same-Sex Marriage; Democrats Appear At Rights Forum.” You can access here an article headlined “Opening Up the Panderer’s Box.” And from New York comes a report headlined “Profiteers Of Pain: Hundreds of People Tried to Capitalize On the 9/11 Tragedy. N.Y. Authorities Are Eagerly Bringing Them to Justice.”

Finally for now, OpinionJournal offers an editorial entitled “A Military Commission for Moussaoui: The Justice Department fumbled the case. Let the Pentagon handle it.”

Posted at 00:11 by Howard Bashman

Road trip: Tomorrow (Wednesday, July 16, 2003), I will have the pleasure of making my first visit to Washington, D.C. since “How Appealing” came into existence back on May 6, 2002. True, I’ve been to many exotic locations (and even inside of a few prisons — but just visiting, thank you!) in the interim, but this is my first trip to our Nation’s Capital since then. The main reason for my visit is to attend Tony Mauro’s presentation of the Legal Times 2002 Term U.S. Supreme Court review, entitled “Sizing Up a Pivotal Supreme Court Term: A Practitioner’s View.”

But I’ll be arriving into town a bit early, and staying a bit late, to accomplish some other fun things while I’m there. What exactly will I be doing? Can’t say. But if you were me, think about the people with whom you’d visit and the things you’d try to see while in town. And that’s exactly what I’ll be doing tomorrow. Because I will be on the road for most of the day, don’t expect any new entries to appear between early tomorrow morning and late tomorrow night. See, I’m not necessarily signing-off yet, but soon.

Posted at 23:00 by Howard Bashman

“20 questions for the appellate judge,” part seven: The questions that will provide the basis for the seventh installment of “20 questions for the appellate judge” were today dispatched to the seventh judge to have volunteered to take part in this Web log’s monthly interview feature. The questions and answers are scheduled to appear online here on Monday, August 4, 2003. The questions turned out quite good, if I may say so myself. And the interview scheduled to run in September 2003 should also be quite good. The interviewees in August and September will each be the first interviewee from his or her respective U.S. Court of Appeals. Operators are standing by to receive word from any federal or state appellate judge who would like for his or her interview to appear here in October 2003. Volunteering is as simple as sending me an email. All six previous installments of the “20 questions for the appellate judge” feature can be accessed at this link.

Posted at 22:50 by Howard Bashman

Available online at law.com: You can access here an article headlined “Chertoff’s Wild Ride: A conservative watchdog group spun a phantasmagoric tale in a last-minute effort to block his nomination to 3rd Circuit.” Shannon P. Duffy reports that “Federal Judge Strikes Down Pledge and Anthem Law; State statute would have required participation by private and public schools.” And in news from New York, you can access here an article entitled “Union Use of Political Posters in Federal Office Is Ruled Illegal”; here “Spargo Argues State Court Ruling Is Wrong”; and here “N.Y. Law Banning Cameras in State Courts Found Constitutional.”

Posted at 22:28 by Howard Bashman

Guns, milk, and Indians: Today was just another day in the Wild West for Seventh Circuit Judge Richard A. Posner, as he issued three separate for-publication opinions. The first opinion involves a firearm found by postal workers in the mail, and that decision seems to hold that the Post Office can x-ray without a warrant any piece of mail intended to travel via airplane. The second decision involves government regulation of milk pricing and contains the sort of economic-analysis-of-the-law for which Judge Posner is rightly renowned. Last but not least is an odd case involving a Voting Rights Act claim by an American Indian tribe. Why do I say the case was odd? Well, the second paragraph of Judge Posner’s opinion begins, “The oddness of the tribe’s claims is made dramatically clear by the facts of the case.” Perhaps the “Election Law” blog will have something to say about this particular case sooner or later.

Posted at 22:25 by Howard Bashman

Third Circuit rules student “Bible Club” should have been allowed to meet during school’s morning “activity period”: A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued this quite interesting opinion by Senior Circuit Judge Ruggero J. Aldisert. In the opinion, the Ninth Circuit receives a bit of criticism. Elsewhere, Judge Aldisert writes: “Just as putting a ‘Horse’ sign around a cow’s neck does not make a bovine equine, a school’s decision that a free-wheeling activity period constitutes actual classroom instructional time does not make it so.”

Posted at 22:16 by Howard Bashman

The Associated Press is reporting: You can access here an article entitled “Gov’t Marks 1962 Ole Miss Desegregation” and here an article entitled “Advising Lawyer Named in Terrorism Case.” And you can access here an item entitled “Correction: Senate Judges Story.”

Posted at 22:06 by Howard Bashman

And in other news of interest: Today the Supreme Court of Georgia denied, over the dissent of a single justice, the Attorney General of Georgia’s motion to dismiss the case of Perdue v. Baker. Apparently that case held the prospect of mooting the U.S. Supreme Court‘s consideration of Georgia v. Ashcroft, but not vice versa. I have a copy of the Georgia Supreme Court’s order, but it is not yet available online.

And the U.S. District Court for the Eastern District of Pennsylvania today issued a decision declaring unconstitutional a Pennsylvania state law that requires schools to lead children each day in the recitation of the Pledge of Allegiance. Again, I have a copy of this ruling, but it does not appear to be available yet online.

Posted at 20:20 by Howard Bashman

“Q&A: Moussaoui trial.” BBC News provides this report.

Posted at 20:13 by Howard Bashman

“Judge Rules Against Vegan Inmates in N.Y.” The AP offers this coverage. In unrelated news, the U.S. Court of Appeals for the Seventh Circuit today upheld Wisconsin’s ban on international travel for parolees. The conclusion seems to be that the best way to go where you want to go and eat what you want to eat is to avoid criminal conviction.

Posted at 17:00 by Howard Bashman

“Wis. Court OKs Concealed Arms Exception”: The Associated Press provides this report. Eugene Volokh provides more details and a link to the ruling here.

Posted at 16:10 by Howard Bashman

A partial victory for nude dancing in Florida: Today the U.S. Court of Appeals for the Eleventh Circuit issued this ruling. And remember, when in Manatee County, Florida, under the challenged regulations dental floss is fine as a method of oral hygiene but not fine as an article of clothing.

Posted at 15:58 by Howard Bashman

“Operation Supreme Court Freedom”: The Christian Broadcasting Network provides here the details of Pat Robertson’s prayer pledge drive. (Via “The Academy.”)

Posted at 14:53 by Howard Bashman

“Clintons Lose Appeal for Whitewater Legal Fees”: Reuters offers this report.

Posted at 14:25 by Howard Bashman

“Court Upholds NYC Transit Fare Hike”: The Associated Press provides this report.

Posted at 14:23 by Howard Bashman

Divided three-judge Ninth Circuit panel overturns California death sentence: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge Stephen Reinhardt wrote the majority opinion, in which Circuit Judge Richard A. Paez joined. Circuit Judge Diarmuid F. O’Scannlain dissented from the judgment insofar as it set aside the death sentence.

Posted at 13:57 by Howard Bashman

“Court delays trial on Gregg suit”: SportingNews.com provides this report from Philadelphia.

Posted at 11:50 by Howard Bashman

“Now What? The web the Court has weaved.” Roger Clegg has this essay at National Review Online.

Posted at 11:49 by Howard Bashman

“Clintons Lose Whitewater Appeal”: More news from The Associated Press. You can scroll down this page or click here to access my coverage of the ruling.

Posted at 11:13 by Howard Bashman

“Starr to offer up views on high court tonight”: Today’s edition of The Aspen Times contains this report. (Thanks to Rick Hasen for the pointer via email.)

Posted at 10:49 by Howard Bashman

“Court Rejects Davidian Claim Against U.S.” The Associated Press provides this report.

Posted at 10:36 by Howard Bashman

Ouch! Today the U.S. Court of Appeals for the D.C. Circuit‘s Division for the Purpose of Appointing Independent Counsels Ethics in Government Act of 1978, As Amended, issued a per curiam opinion that begins:

William Jefferson Clinton and Hillary Rodham Clinton petition this Court under section 593(f) of the Ethics in Government Act of 1978, as amended, 28 U.S.C. secs. 591–599 (2000) (the Act), for reimbursement of attorneys’ fees in the amount of $3,549,561.22 that they incurred during and as a result of the investigation conducted by independent counsel. Because we conclude that the Clintons have not carried their burden of showing that the fees would not have been incurred but for the requirements of the Act, we deny the petition, save for a single unique item.

And the per curiam opinion concludes:

For the reasons set forth above, we allow in part the petition of William Jefferson Clinton and Hillary Rodham Clinton to the extent of ordering reimbursement for attorneys’ fees in the amount of $85,312.01. We deny the balance of the petition as not meeting the “‘but for”’ requirement of the Act, 28 U.S.C. sec. 593(f)(1).

You can access the complete opinion at this link.

Posted at 10:28 by Howard Bashman

“Banish the Druids: Consensual sex trumps traditional boundaries.” Richard Nadler has this essay today at National Review Online.

Posted at 10:18 by Howard Bashman

“Commercial Speech Impediment: Supreme Court missed chance to ‘Just Do It’ in Nike Case.” Rick Elgendy had this essay yesterday online at Reason.

Posted at 10:05 by Howard Bashman

Finally some happy news for Saad and the three other members of “The Michigan Four”: Today’s edition of The Washington Times reports here that “Four judicial nominees to get hearings despite ‘blue slips.'” The article explains: “The four judicial nominees being blocked are David W. McKeague, federal judge for the Western District of Michigan; Susan Neilson, a state circuit judge; Henry W. Saad, a judge for the Michigan Court of Appeals; and Richard A. Griffin, also a Michigan Court of Appeals judge. If confirmed, Judge Saad would become the first Arab-descent member of the federal judiciary.”

The article notes toward its conclusion that “Mr. Hatch has written the White House asking if Mr. Levin and Mrs. Stabenow were adequately consulted before Mr. Bush submitted his nominees. If so, Republicans say, he will proceed with the hearings.” As readers of “How Appealing” are well-aware (see my post of Wednesday, April 16, 2003 at this link), this series of communications between Senate Judiciary Committee chairman Orrin G. Hatch (R-UT) and White House Counsel Alberto R. Gonzales has already occurred, and you can read Judge Gonzales’ letters on the subject here and here, via “How Appealing Extra.”

Posted at 09:15 by Howard Bashman

“Redistricting ruling could shift racial makeup”: Here’s one last article from today’s edition of The Greenville News.

Posted at 08:32 by Howard Bashman

“Supreme Court takes away our right to make laws”: Attorney Mark M. Trapp has this op-ed in today’s issue of The Greenville News.

Posted at 08:28 by Howard Bashman

“Honeymooners survive crash off coast of Bahamas”: Today’s edition of The Greenville News contains this report, which begins: “Two Greenville honeymooners — one of them the son of federal Judge Billy Wilkins — were among the survivors of a commuter plane crash that left a woman and an infant dead just miles from their destination in the Bahamas Sunday.” William W. Wilkins is the Chief Judge of the U.S. Court of Appeals for the Fourth Circuit.

Posted at 08:25 by Howard Bashman

“Changes may loom for state’s execution law”: This article appears in today’s edition of The Indianapolis Star.

Posted at 08:20 by Howard Bashman

“Robertson Calls for Justices’ Retirement”: The Associated Press reports here that “Religious broadcaster Pat Robertson urged his nationwide audience Monday to pray for God to remove three justices from the Supreme Court so they could be replaced by conservatives.” The article goes on to name the Justices whom Robertson likely had in mind.

Posted at 08:18 by Howard Bashman

“Court Overrules Judge on Tobacco Decision”: There may be more supersedeas bond-related troubles ahead for Philip Morris USA, The Associated Press reports here.

Posted at 06:30 by Howard Bashman

Today’s FindLaw columnists: Joanna Grossman has an essay entitled “Saving Title IX: Recent Developments Spell Good News For The Federal Statute Prohibiting Sex Discrimination in High School and College Athletics.” And Phillip Carter has an essay entitled “Judicial Deference to the Military: How It Will Affect Court Cases Involving Gay Rights, and War on Terrorism Policies.”

Posted at 06:27 by Howard Bashman

“Biblical verses removed from Grand Canyon”: Reuters has this report.

Posted at 06:25 by Howard Bashman

In Tuesday’s newspapers: The New York Times reports here that “U.S. Will Defy Court’s Order in Terror Case.” And in news from California, “Group Is Suing Over Petitions to Recall Gray Davis.”

The Washington Post reports here that “Moussaoui Prosecutors Defy Judge; Refusal to Produce Key Witness May Lead to Indictment’s Dismissal.”

Finally for now, OpinionJournal contains an editorial entitled “Nevada’s Judicial Dice-Throwers: And you thought Florida’s Supreme court was arrogant.”

Posted at 00:22 by Howard Bashman

“Time to open High Court to TV cameras”: This editorial appears in today’s issue of The Jackson Sun.

Posted at 23:11 by Howard Bashman

“Connerly address draws opposition”: Today’s issue of The Michigan Daily contains this report. And The Daily Bruin reports here that “Connerly pushes Civil Rights Act in Michigan; Coalition plans boycott against initiative barring race consideration.”