“On Same-Sex Marriage”: Columnist William Safire will have this op-ed in Monday’s issue of The New York Times.

Posted at 23:44 by Howard Bashman

“A Case of Church and State and the States”: Charles Lane will have this article in Monday’s edition of The Washington Post.

Posted at 23:40 by Howard Bashman

Elsewhere in Sunday’s newspapers: The Los Angeles Times reports that “Patriot Act Author Has Concerns; Detaining citizens as ‘enemy combatants’ — a policy not spelled out in the act — is flawed, the legal scholar says.” An article reports that “GOP Puts Its Mark on Congress and Deficit.” The Magazine section contains articles headlined “The Sons of Sante Kimes: The Notorious Grifter’s Two Boys Followed Strikingly Different Paths, But Destiny Has Brought Them Together in an L.A. Legal Drama. This Time It’s a Matter of Life and Death” and “Sante Kimes’ Relentless Pursuit of Postponement.” And letters to the editor appear under the headings “How U.S. Is Redefining Institution of Marriage” and “Helping the Sick Should Not Be a Crime.”

The Boston Globe reports that “Patriot Act stirs worry, but it’s been little-used.” In related news, “New surveillance guidelines fuel debate in California; Concerns raised on civil liberties.” In local news, the first article in a three-part series is headlined “In death, Geoghan triggers another crisis.” In news relating to gay marriage, “Bishops call SJC decision ‘tragedy’” and “Protestants weigh same-sex marriage.” An article reports that “Bush presses funding for faith groups.” And James M. Shannon has an op-ed entitled “Misreading the SJC on gay marriage.”

The Washington Times reports that “Gay ‘marriage’ looms as ‘wedge.’” In other news, “Affirmative action backers push for Connerly’s ouster.” An article reports that “Guantanamo probe snares Army colonel.” And L. Brent Bozell III has an op-ed entitled “Ring of extremism.”

Posted at 22:20 by Howard Bashman

“US To Release Guantanamo Bay Terrorist Suspects”: Voice of America News provides this report. And BBC News reports that “US ‘set for Guantanamo releases.’“

Posted at 22:10 by Howard Bashman

“Sniper Trial to Resume after Holiday Break”: Tonight’s edition of NPR‘s “All Things Considered” contained a report described as follows:

The trial of Lee Boyd Malvo, one of two men accused in last year’s sniper shootings in the Washington, D.C., area resumes Monday after taking a break for the Thanksgiving holiday weekend. Malvo’s lawyers are using an insanity defense, arguing Malvo was manipulated by his accomplice, John Allen Mohammed. NPR’s Jackie Northam reports.

You can hear the report by clicking here (Real Player required).

Posted at 22:05 by Howard Bashman

“Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton and George W. Bush.” This essay by John Anthony Maltese appears in the current issue of The Journal of Appellate Practice and Process.

Posted at 21:59 by Howard Bashman

The Associated Press is reporting: “Convicted Sniper May Appear in Malvo Trial“; “Colorado Court to Decide Redistricting“; “Mass. Bishops Bewail Gay Marriage Ruling“; “Youngest death-row inmates seek life“; “Michigan’s Admissions Lagging After Ruling“; “Janklow Manslaughter Trial Begins Monday“; “Redistricting Divides Small Texas Town“; “Lincoln Wasn’t As Quotable As Some Think“; and “Things Lincoln Never Said.”

Posted at 18:05 by Howard Bashman

In just eight hours from now: I will be posting online here the December 2003 installment of “20 questions for the appellate judge.” December’s interviewee is Seventh Circuit Judge Richard A. Posner.

Posted at 16:00 by Howard Bashman

“Hopelessly Unjust: Prosecution admits anything goes in aid of execution.” This editorial appears today in The Houston Chronicle.

Posted at 15:55 by Howard Bashman

“The Democratic memos: Does anybody care?” Byron York had this essay in Wednesday’s issue of The Hill.

Posted at 15:53 by Howard Bashman

“Eutaw joins war on death penalty; Resolution marks milestone in push to halt executions”: This article appears in today’s edition of The Birmingham News.

Posted at 15:50 by Howard Bashman

“Dad fights school for more of child’s time”: The Cleveland Plain Dealer today contains this report.

Posted at 15:49 by Howard Bashman

“Massachusetts a state divided over same-sex marriage: It’s an issue that isn’t cut-and-dried for many people, as the state’s religious heritage collides with its progressive leanings.” This article appears today in The St. Petersburg Times.

Posted at 14:29 by Howard Bashman

Coming soon to a newsstand near you: The December 8, 2003 issue of Time magazine contains articles headlined “Inside ‘The Wire’: Security breaches. Suicidal detainees. A legal challenge heading to the Supreme Court. Welcome to Guantanamo” and “Enemies Within? On the Base: Fear of Spying.”

The December 8, 2003 issue of Newsweek contains articles headlined “Amending Their Ways: Author of a bid to enshrine marriage has surprising allies“; “Gay Marriage: Touting the His-His Suite“; and “The Litigation: Looking For Payback; Their trust betrayed, investors are joining class-action suits.”

Finally, the December 8, 2003 issue of U.S. News and World Report contains an article headlined “Letter From South Dakota: A death at a crossroads.”

Posted at 13:40 by Howard Bashman

In Sunday’s newspapers: The Washington Post reports that “Recording Reveals Malvo’s Resolve; Both Sides Say Tape Proves Case.” In other news, “Smugglers Enticed by Dirty Bomb Components; Radioactive Materials Are Sought Worldwide.” An article reports that “Abortion Clinics Targeted Before They Are Built; Foes Threaten to Boycott Contractors.” In other news, “Army Officer’s Actions Raise Ethical Issues.” Editorials are entitled “A New Approach” and “Unhappy Anniversary.” Columnist George F. Will has an essay entitled “Culture and What Courts Can’t Do.” And Vincent Schiraldi has an essay entitled “Finally, States Release The Pressure on Prisons.”

In The New York Times, Frank Rich has an essay entitled “America Tunes In for the Money Shot.”

And online at OpinionJournal, you can access an editorial entitled “Washington’s Commandments: The capital is rife with religious symbols. Shh! Don’t tell the ACLU!“

Posted at 12:30 by Howard Bashman

In news from Ann Arbor: The Ann Arbor News today reports that “U-M admissions lag last year; New system, crafted after Supreme Court rulings, got late start” and that “New application receives good grades; Local high school seniors say essays are more work but provide a better picture.”

Posted at 09:29 by Howard Bashman

“Student’s suit may shift line on religion”: The Seattle Times today provides this preview of a case in which the U.S. Supreme Court will hear oral argument on Tuesday. And The Hartford Courant this past Thursday contained an article headlined “Court To Hear Case On Religion; Ministry Student Sued After Washington State Refused Aid For His Studies, Citing Church-State Conflict.”

Posted at 09:18 by Howard Bashman

“Low-profile Gullah community is at risk”: The Miami Herald today contains this report.

Posted at 09:17 by Howard Bashman

“Remap ruling draws nation’s eyes; Opinion due Monday may affect others on how often redistricting is allowed”: This article appears today in The Denver Post.

Posted at 09:15 by Howard Bashman

“As date with Supreme Court nears, man seeking pledge ban is relentless; Drive against ‘under God’ one facet of his legal efforts”: Howard Mintz has this article in today’s edition of The San Jose Mercury News.

Posted at 09:09 by Howard Bashman

“Privacy, access at odds in Foster autopsy case”: This article appears today in The St. Petersburg Times.

Posted at 09:01 by Howard Bashman

“The Zero Files: Shadowy worlds of conspiracy, mind control and paranoia, all in the hands of the FBI…” Today’s edition of The San Francisco Chronicle contains this report, which includes mention of the Hamburglar but not Mayor McCheese.

Posted at 08:58 by Howard Bashman

“Some fear new laws will backfire; Tougher penal code could spur prison overcrowding, early releases”: This article appears today in The Houston Chronicle.

Posted at 08:54 by Howard Bashman

“It’s a boy”! Denise Howell of the “Bag and Baggage” blog announces what she and her husband have agreed to name their first child, and that she has just experienced the “Best three days I’ve ever had,” in a post you can access here. As far as the name is concerned, “Gnudist” it’s gnot.

Posted at 08:45 by Howard Bashman

“No room for judgment”: Today’s issue of The St. Petersburg Times contains an editorial that begins, “In a speech before the American Bar Association in August, U.S. Supreme Court Justice Anthony Kennedy decried current federal sentencing practices as too harsh.”

Posted at 23:48 by Howard Bashman

“Major Issues in Moussaoui Appeal; Circuit Court Confronts Constitutional Questions in Terror Case”: This article will appear in Sunday’s edition of The Washington Post. And Sunday’s edition of The Minneapolis Star Tribune will contain an article (registration required) headlined “Pre-attack interviews with Moussaoui raised FBI agents’ suspicions.”

Posted at 23:44 by Howard Bashman

Elsewhere in Saturday’s newspapers: The Washington Times reports that “Leaked memo sparks cries of news media bias.”

The Boston Globe reports that “Chaplain is called victim of hysteria.” And in local news, “Police stops draw concerns; Antiterrorism strategy is questioned by ACLU.”

The Los Angeles Times reports that “Church May Penalize Politicians; Bishops are exploring requiring officeholders who are Catholic to back official doctrine.” An article reports that “New U.S. Agency Gets Cool Reception.” In local news, “Suit Faulting Disney Safety Due for Trial; Jury selection could begin next week in the case of a surgeon who says he was injured on a California Adventure ride in August 2001.” In other local news, “Sonoma Is Front Line in War Over Foie Gras.” An article reports that “Police Share Credit for Capture; U.S. and Mexican law enforcement agencies worked tirelessly to find the man suspected in the Nov. 15 slaying of a Burbank officer.” An editorial is entitled “Sex in the Capital City.” And letters to the editor appear under the heading “Marriage Rights for Gays.”

Posted at 23:00 by Howard Bashman

In Church-State news from here and there: The Casper Star-Tribune reports from Wyoming that “Nativity scene goes up despite Ten Commandments brouhaha.” The Deseret News reports from Utah that “S.L. religious group is suing Duchesne over monument; Suit filed after city turns down another display.” In news from Alabama, The Associated Press reports here that “A federal judge has set a timetable for filing motions on Attorney General Bill Pryor’s request to dismiss or move a lawsuit that seeks to return former Chief Justice Roy Moore to office.” And in news from Idaho, The AP offers an article headlined “Boise rally backs Commandments marker, Alabama judge.”

Posted at 20:44 by Howard Bashman

How unappealing: The Post-Tribune today reports that “Indiana’s judges do not find their pay appealing.”

Posted at 20:38 by Howard Bashman

“Memorial service planned for former judge”: The Associated Press reports here today that “A memorial service is being planned for next month in New Hampshire for retired federal appeals court Judge Hugh Bownes, who died earlier this month.”

Posted at 20:36 by Howard Bashman

“Beyond Gay Marriage: Preparing for Splitsville.” Sunday’s edition of The Washington Post will contain this essay by Larry W. McCallum.

Posted at 20:28 by Howard Bashman

“Rudolph’s phone calls of interest; Prosecutors seek subpoena for bombing suspect’s records”: This article appears today in The Atlanta Journal-Constitution.

Posted at 20:25 by Howard Bashman

“Computers, paralegals replace 6 lawyers for inmates”: Sunday’s edition of The Atlanta Journal-Constitution will contain this report.

Posted at 20:20 by Howard Bashman

“3 ex-officers challenging detentions at Guantanamo Bay; In a case the U.S. Supreme Court will soon consider, three former high-ranking officers have played a key role in arguing against the indefinite detention of suspected terrorists on the Navy base in Guantanamo Bay, Cuba.” This article appears today in The Miami Herald. And a related item is entitled “Stating the case.”

Posted at 20:18 by Howard Bashman

“Frank Talk About Abortion”: Sunday’s edition of The New York Times will contain an editorial that begins, “The current debate about so-called partial birth abortion has produced some strange and unfortunate consequences.”

Posted at 20:15 by Howard Bashman

“State scholarship case goes to U.S. Supreme Court”: Today’s edition of The Olympian contains this report. And The Associated Press reports offers an article headlined “Can state restrict field of study? Supreme Court to decide if theology exclusion OK.”

Posted at 20:10 by Howard Bashman

“Sniper decision counters U.S. trend; Recommendation of death contrary to decline of capital punishment”: This article appears today in The Baltimore Sun.

Posted at 20:07 by Howard Bashman

“High-profile cases spark interest”: Michael Kirkland, who covers the U.S. Supreme Court for United Press International, reports here today that “The Supreme Court is preparing to hear two high-profile cases in the upcoming week after a season of rather bland argument in the first part of the term.”

Posted at 20:06 by Howard Bashman

“Postal fight sends dean to high court”: The Chicago Tribune today contains this article. And The Daily Herald today reports that “Man takes postal complaint to high court.” For those who enjoy tongue-twisters, the law school dean who will argue this case is Harold J. Krent of Chicago-Kent.

Posted at 20:00 by Howard Bashman

“The High Costs of Rising Incivility on Capitol Hill”: This news analysis will appear in the Week in Review section of Sunday’s issue of The New York Times.

Posted at 18:05 by Howard Bashman

“Courts to Examine State Contraceptive Laws”: David Kravets of The Associated Press provides this report.

Posted at 18:00 by Howard Bashman

Tonight on C-SPAN‘s “America and the Courts” program: C-SPAN provides the following description:

Solicitor General Theodore Olson’s opening address to the Federalist Society 2003 Lawyers’ Convention, from 11/13. Also, Justices Sandra Day O’Connor and Ruth Bader Ginsburg’s speeches at the Philadelphia Bar Association Quarterly Meeting, from 10/23.

Perhaps as early as Monday a link to on-demand, streaming video of tonight’s program will be available here.

Posted at 17:50 by Howard Bashman

“Church, state face off over birth-control pills; Catholic-backed group fights benefits law”: Howard Mintz today has this article in The San Jose Mercury News.

Posted at 17:49 by Howard Bashman

Attending law school in “the heart of the Tenderloin where criminals flagrantly buy and sell illegal drugs without regard for statutes or codes or law-abiding neighbors.” Yesterday’s edition of The San Francisco Examiner contained this article.

Posted at 17:48 by Howard Bashman

“Cryin’ won’t help you, prayin’ won’t do you no good”: The Sacramento Bee today contains an article headlined “State blamed in levee failure; A court ruling in a flood in Yuba County in 1986 could cost millions.” You can access Wednesday’s decision of the California Court of Appeal for the Third Appellate District at this link. (This post’s title courtesy of lyrics from the Led Zeppelin song “When the Levee Breaks.”)

Posted at 17:44 by Howard Bashman

“Kamehameha settles Kaua’i boy’s lawsuit”: The Honolulu Advertiser reports here today that “Trustees for the Kamehameha Schools, after wrestling with concerns over opposition in the Hawaiian community, approved a settlement yesterday that will allow a seventh-grade non-Hawaiian student to continue attending the private school until he graduates.”

Posted at 11:15 by Howard Bashman

In Saturday’s newspapers: The Washington Post reports that “Opponents Of Gay Marriage Divided; At Issue Is Scope Of an Amendment.” An article is headlined “A Prisoner Of Panic After 9/11: Algerian-Born Detainee Seen as Victim of Excess.” In local news, “Pr. George’s Questions Detention Center Plan; Congressional Action May Stall Bid Process.” And columnist Colbert I. King has an essay entitled “‘Slap on the Wrist, Slap in the Face.’”

The New York Times contains a news analysis headlined “Division Over Death Penalty.” An article reports that “Persistent New Leaks Fuel Coverage of Jackson Case.” And today’s “About New York” column is headlined “Unforgiven for the Passions of His Youth.”

Posted at 09:05 by Howard Bashman

“Prison gang case puts role of FBI informants under scrutiny; Investigation results in 13 guilty pleas; 9 more defendants face trial next year”: This lengthy article appears today in The San Francisco Chronicle.

Posted at 08:55 by Howard Bashman

“Settlement Reached in Hawaii School Suit”: The Associated Press provides this report. And a news update from The Honolulu Advertiser is headlined “Kamehameha trustees approve Mohica-Cummings settlement.”

Posted at 23:30 by Howard Bashman

Elsewhere in Friday’s newspapers: The Boston Globe reports that “Gay marriage decision spurs action across US.” In other news, “Changes sought in Calif. recall process.” And an article reports that “Governor slow to fill court jobs; Aide says delays linked to new nominating rules.”

The Los Angeles Times reports that “License Plates Put Abortion Controversy in Full View; An attorney is suing Arkansas, arguing that officials are allowing only one viewpoint — ‘Choose Life’ — to be displayed in public.” In other news, “New Muslim Chaplain to Have Limited Role at Guantanamo; Replacement for Army Capt. James Yee won’t have access to suspected terrorist detainees.” And an article reports that “Lawmaker Says Leftists Hold Sway at Colorado Campuses; Conservatives are bullied by professors, says state senator who suggests legislation.”

The Washington Times reports that “Guantanamo guards celebrate in new facility.” In other news, “N. Virginia envisions prisoners who buck the system.” And Joseph R. Pitts has an op-ed entitled “The foundation of society.”

Posted at 22:45 by Howard Bashman

“Courthouse art raises eyebrows; Form, cost noted as staff faces tight budget”: This article appears today in The Denver Post.

Posted at 22:40 by Howard Bashman

“Redistricting ruling due Monday”: The AP reports here that “The Colorado Supreme Court will issue a long-awaited ruling Monday on whether the Republican-led Legislature had the right to redraw congressional districts last year – a decision that could have national implications in the 2004 races.”

Posted at 22:39 by Howard Bashman

“Inmate who won landmark Supreme Court case remains on death row”: The Associated Press provides this report from Virginia.

Posted at 22:30 by Howard Bashman

“The Fickle Finger Of Book Sales”: The latest installment of Justice William W. Bedsworth‘s very funny monthly column is available online here.

Posted at 09:56 by Howard Bashman

Congratulations to Denise Howell and her husband on the birth of their baby! And the baby is so very cute (just like you’d expect). Coincidentally, and as I previewed here just the other day, today is the second anniversary of the birth of Denise’s Web log, “Bag and Baggage.”

Posted at 09:05 by Howard Bashman

“State convict-labor program comes under attack”: This article appears today in The Seattle Times.

Posted at 07:22 by Howard Bashman

“Long haired freaky people need not apply”: The Seattle Post-Intelligencer reports here today that “Justices to decide if sign ban too rigid; $1,425 fine for raincoat ads.” (This post’s title courtesy of Five Man Electrical Band.)

Posted at 07:20 by Howard Bashman

“Inmate’s sperm donation hit; Former jail doctor defends decision”: This article appears today in The Chicago Tribune.

Posted at 07:15 by Howard Bashman

The Associated Press is reporting: “Supreme Court to Tackle Church-State Case” and “Stigma Weakens for Pols Who Smoked Pot.”

Posted at 07:10 by Howard Bashman

“No 9-11 Compensation for Flight Attendant”: The Associated Press reports here from New Jersey that “A flight attendant who would have died in the Sept. 11 attacks if she hadn’t traded shifts with a co-worker may not receive workers compensation for emotional distress, a state appellate court ruled.” You can access Wednesday’s ruling of the Superior Court of New Jersey Appellate Division at this link.

Posted at 07:00 by Howard Bashman

Commentary available online from FindLaw: Vikram David Amar today has an essay entitled “The Partial Birth Abortion Ban Act: If It is Enjoined but then Ultimately Upheld, Can Doctors Who Violated It While the Injunction Was in Effect Be Punished?” And yesterday Edward Lazarus had an essay entitled “The Proposed Change to the Federal Rules of Appellate Procedure Allowing Citation of Unpublished Opinions: Why It Will Be Harmful.”

Update: A gimlet-eyed reader emails to observe that with respect to Professor Amar’s essay, FindLaw is serving leftovers on the day after Thanksgiving. Or, to put the point more plainly, what FindLaw describes on its home page as “Part II” of Professor Amar’s essay is, at least as of early Friday morning, the republication of “Part I” of his essay, which originally debuted at FindLaw two weeks ago. (And no, gimlet eyes are apparently not an ingredient in giblet gravy.)

Posted at 06:55 by Howard Bashman

In Friday’s newspapers: The Washington Post reports that “Congress Wraps Up Mixed-Bag Session; GOP, Democrats Disagree on Outcome.” An article reports that “Senate Opens Inquiry Into Leaked Memos; Computer Files Discussed Democrats’ Strategy on Bush Judicial Nominations.” An editorial is entitled “A Special Case.” And Alan Charles Raul has an op-ed entitled “Undermining Society’s Morals.”

The New York Times reports that “DaimlerChrysler Heads to Court Over ’98 Merger.” Adam Liptak has an article headlined “At Malvo’s Trial, a Judge Much in Charge.” In news from Salt Lake City, “Government Case Shifts Its Focus to Fraud.” In other news, “New Light on Old F.B.I. Fight.” In local news, “With Cross-Sound Rivals, Waters Are Rarely Calm.” And Nathaniel Frank has an op-ed entitled “Why We Need Gays in the Military.”

The Christian Science Monitor reports that “Trial puts spotlight on steroids; Some analysts say drug- testing programs in pro sports fall short and call for radical new measures.” An article is headlined “Tired of e-mail about losing weight? Help may be on the way; Congress passes ‘antispam’ bill with five-year prison terms for violators. But don’t expect junk messages to end just yet.” And an editorial is entitled “Branding Former Sex Offenders.”

Finally for now, Robert P. George has an essay online at OpinionJournal entitled “One Man, One Woman: The case for preserving the definition of marriage.”

Posted at 06:30 by Howard Bashman

Twenty-eight years ago today: The Associated Press notes here that on this date “In 1975, President Ford nominated Federal Judge John Paul Stevens to the U.S. Supreme Court seat vacated by William O. Douglas.”

Posted at 06:25 by Howard Bashman

Elsewhere in Thursday’s newspapers: The Boston Globe reports that “Foes of same-sex marriage welcome proposed constitutional amendment” and that “Weld supports gay marriage ruling.” And in other news, “Pats cheerleader rooted in the law.”

The Washington Times reports that “Sniper duo spending holiday in jail cells.” In other news, “Revised lawsuit-reform bill wins Democratic converts.” An article reports that “Brady’s wife fights release.” And in news from Kansas, “Man sentenced to life in prison as dealer of LSD.”

The Los Angeles Times reports that “Gov. Paroles Second Killer; By contrast, Davis freed only eight murderers during his five-year tenure, and twice denied the woman freed by Schwarzenegger.” In other news, “Beckman Coulter Agrees to a Huge Cut in Judgment; A U.S. Supreme Court case in April that limited punitive damages leads the firm to settle its suit.” An article reports that “Chargers’ Suit Stirs Emotions; Promising a legal challenge, angry San Diego leaders say the team wants to move to Los Angeles and accuse it of ‘sneaking off’ to L.A. to file papers.” In other news, “Rebel Yell Over Mascot at Ole Miss; University’s decision to sideline a symbol sparks a debate on and off campus about the desire to honor tradition and the need for change.” An article reports that “XtraJet Executive Called FBI Informant; Jeffrey Borer denies the reports. Agency denies any role in videotaping Michael Jackson on jet.” In business news, “Judge Rejects Unocal Charges; The ruling is a setback for rivals that allege the company deceitfully gained a monopoly on a clean-fuel formula.” And in local news, “County to Appeal Ruling on Brown Act.”

Posted at 22:50 by Howard Bashman

Online at The Village Voice: Brad Sears and Alan Hirsch have an essay entitled “No Time To Celebrate: Same-Sex Marriage in the Court of Public Opinion.” And Mark Fiore has an animated cartoon entitled “Gay Marriage: You Never Know What Kind of Relationship Will Turn Up!“

Posted at 22:44 by Howard Bashman

“Powell: no quick deal on Guantanamo; US needs more time to decide if Britons held in Cuba are dangerous, he tells Guardian.” This article appears in Friday’s issue of The Guardian.

Posted at 22:33 by Howard Bashman

“High Court Urged to Hear Comic Book Case”: Gina Holland of The Associated Press provides this report.

Posted at 22:22 by Howard Bashman

“Appeals nominee is ideal for GOP; Allen, the man at the center of the 4th Circuit flap is a staunchly conservative African-American.” This article appears today in The Baltimore Sun.

Posted at 22:20 by Howard Bashman

“Pryor objects to Moore suit”: The Associated Press provides this report from Alabama.

Posted at 22:11 by Howard Bashman

“Kamehameha Schools considers settlement”: The Honolulu Advertiser reports here today that “Kamehameha Schools is considering a court settlement that would allow a 12-year-old non-Hawaiian boy from Kaua’i to remain at the Kapalama campus until he graduates, if his lawyers drop their lawsuit challenging the school’s Hawaiians-preferred admissions policy.”

Posted at 22:05 by Howard Bashman

“Importer of rare orchid indicted; An ugly scandal involving a lovely flower descends on orchid lovers and admiration seekers.” The St. Petersburg Times today contains this report.

Posted at 22:04 by Howard Bashman

“Pa. Supreme Court rules against ‘suspicionless’ school drug testing”: This article appeared yesterday in The Pittsburgh Post-Gazette. I previously reported on and linked to this ruling in a post you can access here.

Posted at 22:01 by Howard Bashman

“Chesco judge Sanchez nominated to U.S. bench; Several openings in Pennsylvania’s Eastern District should give the GOP a long-term influence on the court’s makeup.” Today’s edition of The Philadelphia Inquirer contains this report.

Posted at 21:59 by Howard Bashman

In news from Michigan: The Bay City Times contains articles headlined “Judge rules breath test’s goals don’t trump First Amendment” and “Judge puts cork in Ice Mountain’s Mecosta County bottling operation.” And The Grand Rapids Press reports that “Water ruling runs deep” and provides these excerpts from the ruling.

Posted at 12:50 by Howard Bashman

“Judge criticizes Dallas mayor’s call as ‘sinister'”: The Associated Press provides this report. And yesterday’s edition of The Dallas Morning News reported that “Mayor’s call to judge stirs ethics questions; Miller cites concern for child in custody fight, denies bid to sway case” (free registration required).

Posted at 12:49 by Howard Bashman

“Hearing set on DeLay remap subpoena motion”: The Houston Chronicle today contains this report.

Posted at 12:47 by Howard Bashman

“Death penalty decision assailed; Green River case cited”: This article appears in today’s issue of The Seattle Post-Intelligencer. And in somewhat related news, The Seattle Times reports today that “Killer’s wife knew a different man.”

Posted at 12:42 by Howard Bashman

In Thursday’s newspapers: The New York Times reports that “Mistrial Is Declared in Tax Withholding Case.” A report on the U.S. Congress is headlined “Pass the Sour Grapes, Not Sweet Potatoes,” and a related list is headlined “Congress in Review.” In other news, “Testimony Ends in Hearing for Hinckley.” And in local news, an article is headlined “How to Obey Schools Ruling? Pataki and Bloomberg Differ.”

The Washington Post reports that “Prosecutors Making Fraud Cases Relative; Government Targets Family of Accused.” In other news, “9/11 Panel May Seek Extension; Pressure Mounts as Investigation of Attacks Bogs Down.” In local news, “St. E’s Officials Say Hinckley Isn’t a Threat; Testimony, Letter Offer Details Of Unsupervised Excursions.” A front page article is headlined “A Spiritual Struggle for Democrats; Silence on Religion Could Hurt Candidates.” In other news, “Land-Rights Dispute Continues in Alaska; Man Who Bulldozed Road Is Still at Odds With Park Service.” In business news, “Scrushy Ordered to Repay Loans; Judge Says Ex-CEO Owes $25 Million in Cash.” In news from Maryland, “Easing Young Witnesses’ Fears; Video to Familiarize Children With Court Process.” An editorial about the Zacarias Moussaoui case is entitled “Fool for a Client (Cont’d).” And a letter to the editor appears under the heading “A Legal Loss Overlooked.”

Posted at 12:12 by Howard Bashman

Elsewhere in Wednesday’s newspapers: The Washington Times reports that “Battle rages over judges memos.” In other news, “Senators offer amendment against gay ‘marriage.’” In news from Virginia, “Malvo recalled as ‘obedient’ child.” In related news, “Death penalty seen as right.” An article reports that “Military adds sex charges against Muslim chaplain.” Cal Thomas has an op-ed entitled “Judging Jackson and ourselves.” Paul Greenberg has an op-ed entitled “Humpty Dumpty on unholy matrimony.” And Ed Feulner has an op-ed entitled “Upholding the law.”

The Los Angeles Times reports that “Appellate Court Cuts Huge Crash Case Award; State judges reduce the $290-million verdict against Ford to $23 million after a U.S. Supreme Court ruling.” An article is headlined “Testimony on Kinder, Gentler Malvo; The defense opens with the alleged sniper’s family and friends on the stand, to counter the prosecution’s portrayal of a hardened killer.” In other news, “Guantanamo Camp’s Muslim Chaplain Faces New Charges; Army captain suspected of mishandling secret data is accused of porn possession and adultery.” In news from Colorado, “Media Want Motions Open in Bryant Case.” In other celebrity-related news, “FBI Probes Videotaping of Jackson on Jet; Agents seize tapes from Santa Monica charter firm. Judge temporarily bars the company from showing, distributing or selling them.” An article reports that “Woman Says She Was Drugged, Raped at San Diego House for MTV’s ‘Real World.’” In other news, “County Supervisors’ Bid to Stifle Gadfly Draws Fire; Approval of a new rule to eject ‘disruptive’ speakers, aimed at a frequent board critic, is assailed by 1st Amendment advocates.” Columnist Dana Parsons has an essay entitled “Good-Guy Sheriff Can Also End Jail Abuse.” And letters to the editor appear under the heading “Living in the Lap Dance of Luxury.”

The Boston Globe reports that “Sampson jury to weigh premeditation; Judge’s ruling comes in Sampson death penalty case.” A newsbrief reports that “Harvard to allow military recruiters.” In local news, “Advocates irked in Essex courts.” In other local news, “BC proposes new, strict conditions on student newspaper; Heights editors vow to preserve their autonomy.” Robert Kuttner has an op-ed entitled “Shifting norms led to gay marriage ruling.” And David Moats has an op-ed entitled “The lessons of Vermont may help in Massachusetts.”

USA Today reports that “Hinckley insists he’s normal now.” And Robin Gerber has an op-ed entitled “End decade-old ‘don’t ask’ policy.”

Posted at 23:35 by Howard Bashman

Eleventh Circuit panel divides over whether to grant qualified immunity to police officer who arrested cameraman filming demonstrations in Miami on the day the federal government removed Elian Gonzalez from his family there in order to return him to his father, who lives in Cuba: You can access today’s ruling, in which the majority reverses a district court’s ruling that denied qualified immunity, at this link.

Posted at 22:47 by Howard Bashman

Denise Howell is looking forward to two birthdays: One you’ve heard a bit about lately. The other, however, also deserves not to be neglected. You see, on Friday Denise’s blog, “Bag and Baggage,” celebrates its second birthday. If you missed Denise’s recent appearance on television, you can listen to the audio of the telecast here and read the transcript here.

Posted at 19:59 by Howard Bashman

You rang?: The Virgin Islands Daily News reports that “Gomez tapped for District Court on St. Thomas; Presidential nominee will replace Moore if approved by U.S. Senate.”

Posted at 17:35 by Howard Bashman

In re dynes and newtons: Today Seventh Circuit Judge Terence T. Evans issued a concurring opinion that begins, “Although it’s debatable whether expending dynes (to say nothing about newtons) pressing the keys of my wordprocessor to concur in this case is worth the effort, I do so because the result we reach, though correct on the law, is divorced from common sense.”

You can access both that concurring opinion and the opinion of the court by Circuit Judge Frank H. Easterbrook at this link.

Posted at 17:22 by Howard Bashman

Not the type of pro bono assignment this lawyer had in mind: Today the U.S. Court of Appeals for the Seventh Circuit issued an opinion that begins:

James Adducci was permitted to withdraw as retained counsel for Mary Cusimano due to the non-payment of attorney’s fees. Three weeks later, the district court appointed him to represent her pro bono and overruled his objection to the assignment. While we encourage appointments under the district court’s pro bono service program, we reverse its appointment of Mr. Adducci in this case because the appointment did not comply with the Northern District of Illinois’s Local Rules.

You can access the complete opinion at this link.

Posted at 17:14 by Howard Bashman

Federal Circuit affirms dismissal of takings claims asserted against the federal government valued at $1 trillion brought on behalf of a class of 400,000 to 600,000 U.S. citizens injured or killed as a result of hostilities against Japan in World War II: Today’s opinion begins:

This is a takings case, in which the triggering event–the 1951 Treaty of Peace between the United States and Japan (known as the San Francisco Treaty) that formally ended World War II in the Pacific Theater–occurred more than fifty years ago. Plaintiffs purport to represent a class of 400,000 to 600,000 United States citizens injured or killed as a result of Japan’s war against the United States; plaintiffs’ prayer for relief seeks damages against the United States in the amount of $1 trillion.

It is plaintiffs’ claim that, by barring individual claims against Japan for personal wrongs done to them, the Treaty took their property, and that the taking of their property is in violation of the United States Constitutional requirement that “private property [shall not] be taken for public use without just compensation.”

Plaintiffs recognize that they have a problem with the statute of limitations, which bars suits against the United States in the Court of Federal Claims that are brought more than six years after the cause of action accrues. 28 U.S.C. § 2501. They offer two novel theories why the statute of limitations does not bar their cause of action: one is that since takings claims are constitutionally enabled, Congress does not have the power to limit a claimant’s right of recovery; and the second is that until the United States announces in no uncertain terms its intention not to pay for the taking, a cause of action does not begin to accrue for limitations purposes.

The trial court was not persuaded by plaintiff’s theories, and granted the Government’s motion to dismiss on the ground that the suit was barred by the statute of limitations. This appeal followed.

Today, in an opinion you can access here, the U.S. Court of Appeals for the Federal Circuit affirms the dismissal of this lawsuit.

Posted at 16:51 by Howard Bashman

Font rant: Not too long ago, the Seventh Circuit‘s Web site would post opinions either in Book Antiqua font or in a font that was either Times Roman or Century Schoolbook. Lately, however, the judges whose opinions once appeared in Book Antiqua have instead had their opinions appear in some ugly sans serif font such as the Verdana font — see, for example, this opinion issued yesterday by Circuit Judge Richard A. Posner and this amended opinion issued today by Circuit Judge Daniel A. Manion (which can be compared to the original opinion, in Book Antiqua font).

The Seventh Circuit itself advises attorneys not to use sans serif fonts in briefs, and thus I cannot conceive that that court is intentionally publishing its opinions in sans serif font. Rather, what is likely happening is that the person whose job it is to put opinions on the Web either doesn’t like Book Antiqua or doesn’t have the font installed on his or her computer. In either event, I hope this is corrected before too many more Judge Posner opinions hit the Web in Verdana or some other ugly sans serif font.

And to the wiseacres who will observe that “How Appealing” is presented in a sans serif font, you are absolutely correct. But when I prepare appellate briefs to be filed in court, I invariably use either Century Schoolbook or Book Antiqua.

Posted at 15:12 by Howard Bashman

Some developments in the currently-pending Fourth Circuit appeal involving Zacarias Moussaoui: The docket entries in the appeal reflect that today the court of appeals denied Moussaoui’s request to receive a live feed of the oral argument in jail. Also, the court today entered an order that the docket entries describe as “placing defendant on notice that further pro se filings containing intolerable language, including subtle and overt threat, profanity and improper attempts to communicate to others will result in imposition of a sanction, in the form of refusal of this court to accept further pro se filing from the defendant.” This may qualify as an actual Hobson’s choice for Moussaoui. And the court today allowed the filing of a third-party’s amicus brief on Moussaoui’s behalf. You can access here a document that members of the news media can complete to request reserved seating at the oral argument. Be sure to specify whether you are bringing a satellite or microwave van. Finally, the text of yesterday’s order regarding oral argument can be accessed at this link.

Posted at 14:40 by Howard Bashman

Cybercourts of Appeal: I’ve agreed to be the “guest speaker” for an online seminar on this topic that will take place from Wednesday through Friday of next week at an Internet-connected computer near you. More details are available here. The seminar will be taking place on the discussion list that is the successor to the “Net-Lawyers” email list that Lew Rose operated. I remember that list fondly.

Posted at 14:25 by Howard Bashman

Happy Thanksgiving to readers of “How Appealing”: I wish you a safe and enjoyable Thanksgiving holiday weekend. I have an appellate brief due today that’s about 98% ready to go out the door, and I’ll be around for most of the balance of the day in case anything noteworthy happens in the world of appellate law. Updates will also appear throughout the weekend, on an appropriately relaxed pace. On Friday afternoon, you can find me here; on Saturday afternoon, this movie appears to be on the agenda. And, of course, at midnight on the morning of Monday, December 1, 2003, I will be posting online here the December 2003 installment of “20 questions for the appellate judge” featuring Seventh Circuit Judge Richard A. Posner as the interviewee.

Posted at 13:24 by Howard Bashman

“D.A. changes a skirts-only rule; Pants join the dress code for female prosecutors”: This article appears in today’s edition of The Philadelphia Inquirer. And Jill Porter, a columnist for The Philadelphia Daily News, writes “D.A.: Let ’em wear pants.”

Posted at 13:15 by Howard Bashman

USA v. John W. Hinckley, Jr.: The U.S. District Court for the District of Columbia has posted online this redacted letter from the Department of Mental Health for the District of Columbia regarding Hinckley’s request for unsupervised visits away from Saint Elizabeths Hospital.

Posted at 13:03 by Howard Bashman

The Times of London, Google, and the U.S. Court of Appeals for the Second Circuit combine to increase this blog’s British readership: This morning I awoke to find that many visitors to “How Appealing” in the overnight hours had arrived from Great Britain via Google searches for the term “picquerism.” The January 2003 archive of “How Appealing” appears on the first page of results for that search, thanks to a decision that the U.S. Court of Appeals for the Second Circuit issued that month. You can access my specific post that mentions the term at this link.

In any event, today’s issue of The Times of London contains an article (available here by subscription only) about the “Camden Ripper” that mentions “picquerism,” and apparently many readers of that publication are curious for more information. Other, freely available, news coverage of the “Camden Ripper” can be accessed here, here, and here.

Posted at 12:04 by Howard Bashman

Mandamus dress code: The home page of the U.S. Court of Appeals for the Third Circuit is now providing links to petitions for writ of mandamus filed in two very large, related asbestos bankruptcy cases pending in the District of Delaware. One of the petitions was filed by my friend Roy T. Englert, Jr. In that proceeding, the federal district judge has already filed his response to the petition, and the Third Circuit has ordered oral argument to occur in Philadelphia on the morning of Friday, December 12, 2003. (By then I should be back in Philadelphia from my visit to one of the Third Circuit’s most far-flung oral argument locations, so perhaps I’ll have time to attend the argument and provide a report.)

The Third Circuit’s order scheduling oral argument contains an “invitation” to the federal district judge to appear and participate in the oral argument either in person or through a representative. This sort of an “invitation” is perhaps similar to the type of invitation that the Supreme Court of the United States gives to the Solicitor General’s Office when seeking input on whether to grant certiorari — the invitee does not have the option to decline.

And this raises in my mind the following question. If the U.S. District Judge appears in person to argue before the Third Circuit in connection with the mandamus proceeding, should the U.S. District Judge wear his judicial robe, or simply appear in regular business attire sans robe. Of course, when judges are litigants in their personal capacity they shouldn’t wear the judicial robe while present in court. But in a mandamus proceeding the trial judge is a litigant in his or her official capacity, thus perhaps allowing for the judicial robe to be worn at the podium. I’d be curious to hear from readers of this blog any thoughts they have on the subject.

Posted at 11:49 by Howard Bashman

“Avoiding democracy”: Town Hall yesterday posted an essay by John Leo that begins, “Some admire the gay-marriage ruling in Massachusetts. Some don’t. But surely the heart of the story is the stupefying arrogance of the state’s Supreme Judicial Court. “

Posted at 10:35 by Howard Bashman

“DaimlerChrysler ‘merger of equals’ put on trial; Kerkorian lawsuit that claims deal was really a takeover heads toward climax next week”: This article appears today in The Detroit News.

Posted at 10:23 by Howard Bashman

“Judges convene to discuss reform; Group seeks ways to block derailment of Kentucky cases”: The Courier-Journal today contains this report.

Posted at 10:01 by Howard Bashman

“High court tosses records off Internet”: This article appears today in The Orlando Sentinel.

Posted at 09:45 by Howard Bashman

“Top UK judge slams Camp Delta; One of Britain’s most senior judges has condemned the US over the detention of terror suspects at Guantanamo Bay.” BBC News provides this report.

Posted at 09:43 by Howard Bashman

“Perdue urges faith-based services law”: This article appears today in The Atlanta Journal-Constitution.

Posted at 09:30 by Howard Bashman

FindLaw commentators: Today Michael C. Dorf has an essay entitled “Could Justice Scalia’s Affirmative Action Dissent Become a Self-Fulfilling Prophecy?” And yesterday Julie Hilden had an essay entitled “The Supreme Court Considers Whether a Privacy Act Plaintiff Can Recover $1000 Even Without Proof of Damages.”

Posted at 06:40 by Howard Bashman

Today is the final day of The Honolulu Advertiser‘s four-part series on the Supreme Court of Hawaii: Today’s newspaper contains articles headlined “Functional or not, ‘it’s the chief’s court’” and “Commission’s influence far-reaching.” I have previously provided links to the articles that appeared on day one, day two, and day three of the series.

Posted at 06:33 by Howard Bashman

In Wednesday’s newspapers: In The New York Times, Adam Liptak reports that “Sniper Suspect’s Life Recalled in Testimony.” In related news, “Muhammad May Face Additional Trials.” An article reports that “Senate Rejects Plea for Extra Year of Filing for 9/11 Awards.” In news from New York, “Appeals Court Overturns Execution.” An article is headlined “Gays Respond: ‘I Do,’ ‘I Might’ and ‘I Won’t.’” In other news, “Debt Is Seen Taking Toll on Jackson’s Lavish Style.” An obituary is entitled “W. Fred Turner, 81, Who Defended Indigent in Key Trial, Dies.” And Harvey Fierstein has an op-ed entitled “You Better Watch Out.”

The Washington Post reports that “Muhammad Is Returned to Pr. William Jail.” In other news, “Pentagon To Review Rules for Tribunals.” An article reports that “Chaplain’s Release Comes With New Charges.” In other news, “Jurors Say Hinckley’s No Threat; Hospital Staff to Outline Possible Unguarded Visits.” In business news, “Democrats Decry ‘Compromise’ on FCC Rule.” In local news, “Pr. George’s Bill Targets Strip Clubs“; “Slaying Suspect, 15, Won’t Be Tried as Adult; City’s Corporation Counsel Issues Decision in Shooting Outside Anacostia High“; and “Disabled Sue Hospital Center; Ex-Patients Allege Rights Violations, Inadequate Care.” Editorials are entitled “Cooperate, Mr. Bloomberg” and “A Time for Debate.” Courtland Milloy has an op-ed entitled “Fear Continues To Masquerade As Justice.” David S. Broder has an op-ed entitled “A Day to Toast Common Bonds.” And a letter to the editor appears under the heading “Nothing to Celebrate.”

Finally, The Christian Science Monitor reports that “New laws target increase in acts of ecoterrorism; They seek to curb arson, property damage, and threats of violence, but critics say the penalties stifle valid dissent.”

Posted at 06:00 by Howard Bashman

Elsewhere in Tuesday’s newspapers: The Los Angeles Times reports that “Muhammad Sentenced to Death; Jurors, once split, say the sniper’s lack of remorse and their fears that he might kill again led to the unanimous decision.” In other news, “Employers Gain Harassment Suit Protection; State high court rules that if a strong policy exists on the issue, the burden falls on a worker to report incidents.” An article reports that “Jailed Chaplain Decries Treatment; Army captain, a Muslim who worked with terrorist suspects at the U.S. prison in Cuba, says he’s been blocked from practicing his faith.” In news from Oregon, “Two Sentenced in Terrorism Conspiracy; The ‘Portland Seven’ members who tried to join the Taliban to fight the U.S. rail against the government before getting 18-year terms.” In news pertaining to Michael Jackson, “Jackson Secretly Taped on Jet; The flight company notifies media outlets after the pop star and his lawyer are videotaped while flying to surrender to authorities.” An article reports that “Probation Granted to 3 Who Grew, Sold Pot as a Medicine.” And in related coverage, Patt Morrison has an essay entitled “There’s a Word for Some People Who Try to Assist the Sick: Felon.”

The Washington Times reports “Death for Muhammad“; “Weekend of deliberations swayed reluctant jurors“; and “Governor has say to extradite.” In related news, “Sniper didn’t need skills.” An article reports that “Senate GOP backs leak investigation.” In other news, “Town orders guns in all homes.” An editorial is entitled “Meting out justice.” And Bruce Fein has an op-ed entitled “‘Mainstream’ misnomer.”

USA Today reports that “Va. jury recommends death for D.C. sniper; Juror cites ‘total lack of remorse’” and that “Muhammad ‘own worst enemy’; Sniper’s steps toward appeal are all uphill, legal analysts say.” And an editorial is entitled “Pursuit of death for sniper ensures lengthy appeals,” while Michael Rushford has an op-ed entitled “Muhammad sentence is just.”

The Boston Globe reports that “Colleges trail prisons in funds; Report hits state cuts in higher ed.” In other news, “Cambridge endorses same-sex marriage.” An article reports that “Execution decision will be up to jurors; Judge rules that Sampson is eligible.” In other news, “US releases 20 detainees, transfers 20 more to Cuba.” In local news, “Legislature drops stem cell support; Action is a victory for Catholic Church.” Editorials are entitled “Same-sex semantics” and “Under attack — by the FBI.” And columnist Brian McGrory has an essay entitled “For Reilly, a silent court.”

Posted at 23:30 by Howard Bashman

Available online at law.com: Jason Hoppin has an article headlined “Cause and Effect: Government lawyers aiming for the bench may want to hand off political hot potatoes.” And in news from California, “Punitive Damages Take Big Hit: 5th District takes broad view of ‘State Farm v. Campbell,’ shrinks $290 million award to $23.7 million” and “Employers With Harassment Programs Can Limit Damages.”

Posted at 22:44 by Howard Bashman

“Chaplain Held in Espionage Case Is Freed”: Neil A. Lewis of The New York Times provides this report. The Associated Press reports that “Ex-Muslim Chaplain at Guantanamo Charged.” Reuters reports that “US brings new charges against Guantanamo chaplain.” BBC News reports that “US chaplain faces fresh charges.” The Knight Ridder News Service reports that “Muslim Army chaplain released, faces new charges.” And Agence France-Presse reports that “US Guantanamo chaplain accused of adultery and pornography.”

Posted at 22:15 by Howard Bashman

“Hatch suspends GOP aide; Source of leaks from Judiciary Committee found”: Tomorrow’s edition of The Hill will contain this report. The Associated Press reports that “Senate Republican Staffer Put on Leave.” Reuters reports that “Republican Aide Improperly Got Democratic Memos.” And Agence France-Presse reports that “Senate Committee sidelines staffer after computer files purloined from Democrats.”

Posted at 22:06 by Howard Bashman

“Moore asks Thompson to step down from Commandments case”: The Associated Press reports here that “Attorneys for former Alabama Supreme Court Chief Justice Roy Moore have asked a federal judge to step down from hearing any future arguments in the case involving Moore’s 5,300-pound Ten Commandments monument.”

Posted at 20:44 by Howard Bashman

View online today’s speech by U.S. Senator John Cornyn (R-TX) on the floor of the U.S. Senate about the judicial confirmation imbroglio: Simply click here (Real Player required; 16 minutes and 30 seconds).

Posted at 20:40 by Howard Bashman

Maryland-based federal trial court refuses to dismiss resident’s challenge to display of Ten Commandments monument in a public park in Frederick, Maryland: You can access today’s ruling of the U.S. District Court for the District of Maryland at this link. Interestingly, the monument actually lists Eleven Commandments, even though it supposedly was donated to the town as a promotion for the Cecil B. DeMille film “The Ten Commandments.” In late 2002, Frederick, Maryland sold both the monument and the land on which it sits to Fraternal Order of Eagles Aerie No. 1067. By so doing, Frederick managed to gain the dismissal of a lawsuit that the ACLU had filed to challenge the monument. But today’s ruling makes clear that Frederick’s sale of the monument and the land on which it resides may not suffice to free the town from all liability. (Thanks much to the reader who forwarded a copy of this ruling to me, and to the good folks at SCOTUSblog for hosting that copy of the ruling on their server.)

Posted at 19:33 by Howard Bashman

On remand for reconsideration from U.S. Supreme Court, California Court of Appeal for the Fifth Appellate District decreases punitive damages award against Ford Motor Co. from $290 million to $24 million: You can access today’s ruling at this link. In news coverage of the ruling, David Kravets of The Associated Press reports that “Court Reduces $290 Million Verdict Again,” while Reuters reports that “California Court Hits Ford with $23.7 Mln Penalty.”

Posted at 19:32 by Howard Bashman

Fifth Circuit decides appeal involving challenges to regulation of sexually oriented businesses in Houston, Texas: You can access today’s lengthy opinion at this link.

Posted at 19:17 by Howard Bashman

“Common-law marriage is put asunder: A decision by a state court abolishing such unions has some couples feeling they are in matrimonial limbo.” This article appears today in The Philadelphia Inquirer.

Posted at 17:32 by Howard Bashman

The book is closed on lawsuit between The Library Hotel and the owner of the Dewey Decimal System: See this press release issued yesterday. And The Associated Press reports that “Library service, hotel settle Dewey Decimal debate.”

Posted at 17:14 by Howard Bashman

Among today’s nominations from The White House: “Curtis V. Gomez, of Virgin Islands, to be Judge for the District Court of the Virgin Islands for a term of ten years, vice Thomas K. Moore, term expired.” This nomination is noteworthy because, as Judge Moore wrote in a recent opinion (see footnote 11), “No other President, Democrat or Republican, has ever refused to reappoint a sitting district judge in the Virgin Islands who was willing and able to serve another term.”

Posted at 16:52 by Howard Bashman

Fourth Circuit grants total of two hours for oral argument in federal government’s appeal in Zacarias Moussaoui case: As a docket entry today explains, each side will argue for half an hour in the unsealed portion of the argument, and each side will argue for half an hour in the sealed portion of the argument. (Admittedly, the docket entry in question could probably be worded a bit more clearly, but the foregoing represents what I think the entry intends to communicate.)

Posted at 16:35 by Howard Bashman

The Associated Press is reporting: “Md., La. Want Muhammad on Trial Next” and “Sniper Suspect Malvo’s Defense Builds Case.”

Posted at 16:04 by Howard Bashman

“Judge bucks governor on judicial pay”: The Chicago Tribune reports here today that “In a decision that challenges Gov. Rod Blagojevich’s authority over another branch of government, a Cook County judge ruled Monday that he and more than 900 other Illinois judges deserve a 2.8 percent cost-of-living increase the governor blocked to help balance the state’s budget.”

Posted at 14:47 by Howard Bashman

“Williamsburg library suspends privileges of man who tore gay magazine”: The Associated Press provides this update on a story I previously noted here. And The Daily Press of Hampton Roads, Virginia reports that “JCC library patron loses privileges after tearing magazine; Gay magazine cover offended patron.”

Posted at 14:30 by Howard Bashman

Copyright law and computer databases: Seventh Circuit Judge Richard A. Posner issued this interesting opinion today on behalf of a unanimous three-judge panel.

Posted at 13:30 by Howard Bashman

You visit a blog, causing the blog’s owner to give money to charity: Sound too good to be true? It is true, according to this post from Law Professor Jack Bogdanski.

Posted at 13:14 by Howard Bashman

“French juror barred for headscarf”: BBC News provides this report.

Posted at 13:03 by Howard Bashman

In gay marriage-related commentary: Andrew Sullivan has an essay online at The New Republic entitled “Faith Heelers.” And at National Review Online, W. James Antle III has an essay entitled “It’s Not Just the Judges: Massachusetts marriage advocates face uphill battle.”

Posted at 12:55 by Howard Bashman

In today’s issue of The Harvard Crimson: An article reports that “City Council Will Not Speed Gay Marriage; Council votes to follow Mass. Supreme Court’s timetable.” An editorial is entitled “Acting Unwise on Solomon: Summers’ refusal to challenge amendment in court betrays Harvard’s dedication to equality.” And John G. Palfrey Jr. (whose blog you can access here) has an op-ed entitled “Know Your Copy-Rights.”

Posted at 12:05 by Howard Bashman

“The Making of the Corporate Judiciary: How big business is quietly funding a judicial revolution in the nation’s courts.” The November / December 2003 issue of Mother Jones magazine contains this article. Regrettably, only the beginning of the article is freely accessible online.

Posted at 11:55 by Howard Bashman

“Federal Judges and Fearing the ‘Floodgates of Litigation'”: “How Appealing” reader and University of Pennsylvania Law School student Toby J. Stern has figured out how to get one’s law review article mentioned here — write about an interesting subject and include a citation to me (see footnote 85 on page 13 of the PDF document). You can access Toby’s article, published in the latest issue of the University of Pennsylvania Journal of Constitutional Law, at this link.

Posted at 11:41 by Howard Bashman

“State court blunts harass law; Damages could be limited if incident wasn’t reported”: The San Francisco Chronicle today contains this report on a ruling that the Supreme Court of California issued yesterday.

Posted at 11:36 by Howard Bashman

But who will sue “Big Fat” on their behalf? Today’s edition of The New York Times reports that “Fast-Food Nation Is Taking Its Toll on Black Bears, Too.”

Posted at 10:43 by Howard Bashman

“High court vacates death sentence against Syracuse-area killer”: The Associated Press provides this coverage of the ruling that is the subject of my post immediately below.

Posted at 10:41 by Howard Bashman

New York State’s highest court overturns death sentence imposed under that State’s new death penalty law: The Court of Appeals of New York has previously described the case as follows (see page 20 of this PDF document):

This case marks the second time the Court of Appeals will review a death sentence imposed under New York’s 1995 capital punishment law. The statute provides that appeal is mandatory and comes to the state’s highest court directly from the trial court.

Defense counsel for James F. Cahill III conceded at trial that he assaulted his wife, Jillian Cahill, with a baseball bat during an argument at their home in the Town of Spafford on April 21, 1998, two weeks after they signed a separation agreement. She suffered severe head injuries and was taken to University Hospital in Syracuse, where she remained for the next six months. Prosecution witnesses testified that Cahill entered her hospital room disguised as a janitor after hours and poisoned her with a lethal dose of potassium cyanide on October 27, 1998. The defense contended that his conduct was caused by his deteriorating emotional state after the breakup of his 10-year marriage and that none of the aggravating factors necessary for a first degree murder conviction were present.

The jury convicted Cahill of two counts of first degree murder: one count of felony murder based on a theory that the murder was committed in the course of a burglary (an illegal entry at the hospital), and one count of “witness-elimination” murder based on a theory that Cahill killed his wife to prevent her from testifying against him in the assault case. In the penalty phase, the jury returned a sentencing verdict of death on both counts. The jury also found Cahill guilty of first degree assault and two counts of fourth degree criminal possession of a weapon, for which the judge imposed a consecutive sentence of 12½ to 25 years in prison.

Extensive briefings by both sides cover a broad array of disputed issues ranging from pretrial publicity, consolidation of charges and jury selection to constitutional claims challenging the capital punishment statute and the death sentence in this case. The Attorney General has intervened in the case to defend the constitutional validity of the statute.

Amicus curiae briefs challenging the statute have been filed by the New York Civil Liberties Union and by a group of legal figures and organizations opposed to the death penalty.

The Court of Appeals decided its first capital case, People v Darrel K. Harris (98 NY2d 452), on July 9, 2002. In addition to Cahill, the Court has five more capital appeals pending.

Today’s ruling can be accessed at this link (179-page PDF document).

In September 2003, The New York Law Journal reported that “Death Penalty Appeal to Be Argued Before New York High Court; 1995 law raises issues from constitutional to procedural.” And you can view a Webcast of the oral argument in this appeal via this link.

Posted at 09:55 by Howard Bashman

In Tuesday’s newspapers: The Washington Post reports that “Jury Sentences Muhammad to Death; Defendant Stoical, Panel Emotional as Sniper Trial Ends“; “Experts Say Many Areas of Case Are Grounds for Appeal“; “Jurors Deemed Sniper Still Too Dangerous“; “No Remorse? No Mercy. A Killer Gives No Hint of Contrition, and Gets Death“; and “Verdicts Bring Strong But Varied Emotions.” In somewhat related news, “Malvo’s Father Recalls ‘My Prized Son’; Defendant Ignores Crying Witness, First to Recount His Troubled Past.” In other news, “Canadian Sent to Mideast Files Suit; Deportee Alleging Torture Seeks Redress From Jordan, Syria, U.S.” In business news, “Compromise Puts TV Ownership Cap at 39%.” In local news, “A Conduit for Danger on Trial; Md. Man’s Legally Purchased Guns Turned Up in Crimes.” An article reports that “Lawyer Asks Bush to Free Chaplain.” Columnist Marc Fisher has an essay entitled “Flawed Process Produced A Fair Jury.” And letters to the editor appear under the headings “The Sentence and the Toll in the Sniper Case” and “Gay ‘Attack’ on Marriage? Hardly.”

The New York Times reports that “Sniper Jury Cites Lack of Sorrow for Death Sentence.” Adam Liptak reports that “Father of Sniper Suspect Testifies for Son’s Defense.” An article is headlined “Young Killer: Bad Seed or Work in Progress?” In news from Connecticut, “Skakel’s Defense Team Appeals Conviction in 1975 Murder.” An article reports that “Media Ownership Deal Reached, Clearing Way for Big Spending Bill.” In local news, “Redrawn Districts Examined in Federal Trial” and “Judge Censured for Free Work by Accountant.” And letters to the editor appear under the heading “Gay Marriage and Our Society.”

Posted at 08:44 by Howard Bashman

Buzzflash interviews Nan Aron, president of Alliance for Justice, on the subject of President Bush’s judicial nominees: You can access the interview here.

Posted at 08:35 by Howard Bashman

In news from the University of Texas: The Daily Texan reports today that “New plan includes race in admissions; UT submits proposal to System in effort to achieve diversity.”

Posted at 08:33 by Howard Bashman

Today is day three of The Honolulu Advertiser‘s four-part series on the Supreme Court of Hawaii: Today’s newspaper contains articles headlined “High court keeps low profile” and “Justices’ tense relationship ‘needs some work’” and a chart entitled “Oral arguments before the Supreme Court.” I have previously provided links to day one and day two of the series.

Posted at 08:28 by Howard Bashman

In news and commentary from Alabama: The Birmingham News today reports that “Unabomber lawyer joins Rudolph team” and yesterday reported that “State law library hires company to tape Moore trial.” And that same newspaper today contains an editorial entitled “The blame game: Silly lawsuits are misguided defense of chief justice.”

Posted at 06:42 by Howard Bashman

Mandatory minimum or statutory maximum? The Associated Press reports that “Ky. Law Mandates Bathing Once a Year.”

Posted at 06:36 by Howard Bashman

And in sad news from Florida: The Florida Times-Union reports here today that “Nimmons, federal judge, dies at 65; Longtime jurist also served in state courts.” (Via “Abstract Appeal.”)

Posted at 06:33 by Howard Bashman

“Tourist’s suit hinges on ‘sexual exploitation'”: The Daytona Beach News-Journal reported here on Sunday that “A woman suing Playboy Entertainment Group and two local companies over her inclusion in a racy video said she was shocked ‘beyond embarrassment’ after learning of commercial videos featuring images of her baring her breasts during a Spring Break wet T-shirt contest here in 2001.” (Via “Abstract Appeal.”)

Posted at 06:30 by Howard Bashman

“Another Rice Grad” recounts Seventh Circuit Judge Richard A. Posner‘s lecture yesterday at the George Mason University School of Law: See this post at “Southern Appeal,” where ARG is guest-blogging.

Posted at 06:22 by Howard Bashman

From Monday’s broadcast of NPR‘s “All Things Considered“: You can listen to each of the following reports by clicking on its title (Real Player required): “Sniper Trial Jurors Explain Death Penalty Call“; “Boycott Stalls Planned Parenthood Clinic“; and “Blogs Open New Political Front.”

Posted at 00:00 by Howard Bashman

Elsewhere in Monday’s newspapers: The Washington Times reports here that “Gay ‘marriage’ opponents push civil-union bill” and here that “Biden: Gay ‘marriage’ inevitable.” In other news, “Girl abandons Caucasian Club effort.” An article reports that “Wal-Mart lawsuit seen as trend for U.S. employers.” In news from Virginia, “Jurors to hear 1 more tape.” The latest installment of Nat Hentoff’s continuing effort to rally support for D.C. Circuit nominee Janice Rogers Brown is entitled “Due process denied.” And Steve Chapman has an op-ed entitled “Would Oswald have been freed?”

The Boston Globe reports here that “Frank sees referendum for ruling on gay marriage” and here that “Gay marriage debated at Sunday’s services; Some churches back SJC ruling; others not as receptive.” And columnist Cathy Young has an essay entitled “SJC ruling won’t end gay debate.”

The Los Angeles Times reports that “Counterfeit Cigarettes Force Tobacco Firms to Fight Back.” An article is entitled “The final act: When patients are unable to make decisions — and doctors and loved ones face life-or-death choices — a living will can be a powerful tool.” A related article is headlined “Putting legal clout behind your wishes.” And Michael Bochenek and Javier Stauring have an op-ed entitled “Keeping Kids in Tiny Cells Downtown Is Cruel, and Probably Illegal; The sheriff is holding juveniles in the Men’s Central Jail despite a finding by Los Angeles County that the facility isn’t fit for them.”

Posted at 23:47 by Howard Bashman

Available online at law.com: Jonathan Ringel reports that “Sarbanes-Oxley Powers Weighed by 11th Circuit; Judges ask whether law can revive old claims.” An article is headlined “Beyond Borders: Appeal challenges applicability of Vermont civil union.” In news from New York, “Law Professor Loses Tax Fight With State; ‘Convenience of employer’ allows New York to collect on earnings taxed in Connecticut” (plus access here today’s ruling by the New York State Court of Appeals).

Legal Times (free registration required) contains an essay from Randolph J. May entitled “Does High Court Spot Trends? Though public opinion may shift quickly, the justices must not play politics with law.” And Michael J. Gaynor has an essay entitled “Faith of Our Fathers: History teaches that our Constitution was written to support and encourage religious belief.”

Posted at 23:33 by Howard Bashman

Pro bono update: Earlier today it was my pleasure to accept the Third Circuit‘s most recent request that I perform pro bono work on an appeal now pending before that Court. The case I agreed to work on today is the fourth pro bono appeal that I will have handled at the request of the U.S. Court of Appeals for the Third Circuit since this blog began in May 2002. As careful readers from this blog’s inception know well, I have compiled a 2-1 record in the three pro bono Third Circuit appeals that have concluded since this blog came into existence.

Today’s case, like the most recent pro bono Third Circuit case on which I just completed working, has me serving as amicus in support of affirmance of the federal district court’s order that is being challenged on appeal. So, once again, I don’t represent a client; rather, I have been asked to argue in support of a result. I don’t know too much about the case yet, other than that it arises in the context of a shareholder derivative suit and involves an order denying a request for attorney’s fees. The order that I have been asked to defend was entered by D. Brooks Smith before he left the U.S. District Court for the Western District of Pennsylvania to join the Third Circuit. Coincidentally, one of my earlier pro bono appellate victories involved obtaining the reversal, on behalf of a previously pro se prison inmate, of then-District Judge Smith’s order dismissing that inmate’s federal civil rights claim based on the resolution of a question of law over which other federal courts of appeals had previously divided. The case I agreed to work on today is scheduled to be argued before the Third Circuit in January 2004. If the appeal turns out to raise interesting issues (and there’s a good chance that it does), perhaps I’ll have more to say about this matter at a later date.

Posted at 23:15 by Howard Bashman

At least it wasn’t pronounced “Pepsi”: My suggestion that the National Constitution Center create its own coffee table book is gaining support. A reader emails:

I think the NCC coffee table book is an excellent idea. I was in Philadelphia a few weeks ago, and visited the Center three times, but still felt like there was a lot more I could have done. I especially enjoyed the short film with Ben Stein. Such a book could be particularly useful for parts of the museum like the beginning with all the mini-bios–I didn’t get through even half of them and I suspect that most people don’t.

A small criticism: at the beginning, there is a section where you can push a button and listen to excerpts from books that influenced the framers (Blackstone, Coke, Montesquieu, Beccaria, etc.). When you push the button for Coke’s Institutes, the reader mispronounces “Coke” (it’s properly pronounced “cook”).

Indeed it is. The coffee table book I envision would not contain an improper (or indeed any) pronunciation of “Coke.” And speaking of beverages, you should hear how many native Philadelphians pronounce “water.”

Posted at 23:05 by Howard Bashman

“Big award in bug case stirs debate”: Jan Crawford Greenburg, who covers the U.S. Supreme Court for The Chicago Tribune and serves as a commentator for The NewsHour with Jim Lehrer, today has this article about a decision that the U.S. Court of Appeals for the Seventh Circuit issued over one month ago. You can access my original report on the bedbug ruling at this link.

Posted at 22:59 by Howard Bashman

“Jury in Washington sniper trial delivers death verdict; The sentence for John Allen Muhammad could prove difficult to overturn on appeal.” Warren Richey will have this article in Tuesday’s edition of The Christian Science Monitor.

Posted at 21:05 by Howard Bashman

I should get a Movable Type-powered blog: So that when Blogger and Blog*Spot aren’t working (as happened earlier this evening), I could post there as a back-up.

Posted at 21:00 by Howard Bashman

“Senator Schumer and the Criteria for Judicial Selection”: Law Professor Lawrence Solum offers this lengthy post, accompanied by charts and graphs.

Posted at 17:23 by Howard Bashman

“Student Will Not Be Disciplined for Memos”: This article appears today in The Harvard Crimson. It involves blogging (and this blog in particular).

Posted at 16:46 by Howard Bashman

“The Navy’s secret brig: Prison’s mission evolves as terror suspects arrive.” This interesting article (registration required) appeared in yesterday’s issue of The Charleston Post and Courier. (Via “The Volokh Conspiracy.”)

Posted at 16:10 by Howard Bashman

If you think it’s bad having a comic book character named after you, imagine having a dinosaur named after you: Eugene Volokh has posted online an amicus brief that he and another member of “The Volokh Conspiracy” have filed in the U.S. Supreme Court today. I’ve read many an amicus brief filed in that Court, but I don’t recall any others that caused me to laugh out loud when reading the “Interest of Amici Curiae” section. I guess the passage about a dinosaur’s having been named after Michael Crichton is technically relevant to the subject matter of the case in question. You can access the opinion of the Supreme Court of Missouri from which U.S. Supreme Court review is sought at this link. And separately, Eugene asks here whether one of his clients is using an ungrammatical name. I guess it’s better to have an appellate lawyer question whether his client is ungrammatical than the obverse.

Posted at 15:55 by Howard Bashman

“Womb with a View: Why the feminists can’t admit that most women favor the partial-birth abortion ban.” Noemie Emery today has this essay online at The Weekly Standard.

Posted at 15:33 by Howard Bashman

A reader writes her own blog post: A reader from Alaska emails:

Is there any question that the Ninth Circuit is too big? Did you see the order that the court issued on Friday in Abreu-Reyes v. INS, 99-70542? A three-judge panel has figured out (prompted by a “motion for reconsideration of petition for review”) that its decision in the case conflicted with an en-banc opinion that had been released four days earlier, so on Friday it withdrew the decision and the mandate. It is somewhat disconcerting that a panel can issue a decision without being aware that the en-banc court had decided the same issue differently a few days before, but what is even worse is how long it took for anyone to notice. The conflicting opinions were issued in June 2002.

You can access Friday’s Ninth Circuit order at this link.

Posted at 15:05 by Howard Bashman

The Associated Press is reporting: You can access articles headlined “Sniper Mastermind Receives Death Sentence” and “U.S. Releases 20 Guantanamo Prisoners.”

Posted at 15:00 by Howard Bashman

A unanimous three-judge Seventh Circuit panel has, in an opinion by Circuit Judge Frank H. Easterbrook, reversed the dismissal of an antitrust action: Need I say more? You can access the opinion here.

Posted at 13:50 by Howard Bashman

“Senate Seizes Judiciary Data”: Roll Call today is reporting that “The Senate Sergeant-at-Arms took possession of the Judiciary Committee’s four computer servers Friday and formally opened an investigation into how more than a dozen memos written by two Democratic Senators ended up in the hands of a pair of newspapers.” The full text of the article is available only to subscribers. Thanks to Rick Hasen for the pointer via email.

Posted at 13:45 by Howard Bashman

Coincidence? One week ago today, I noted here a news report on a study finding that racism makes people stupid. Today, The Associated Press reports here that “A bullet fired in the air during a Ku Klux Klan initiation ceremony came down and struck a participant in the head, critically injuring him, authorities said.”

Posted at 13:29 by Howard Bashman

Modernity wins a round in the Supreme Court of California: California’s highest court has issued its rulings in the three decisions I previewed here this morning. The end of the opinion holding that one co-conspirator may be held liable for felony murder due to the death of another co-conspirator in the arson that constitutes the underlying felony contains the following footnote:

We note that Chief Justice George was outside California (attending a board meeting of the national Conference of Chief Justices, of which he is currently president) when he communicated his concurrence in this opinion by transmitting to the Clerk of the Court (at the court’s chambers in San Francisco), by facsimile, a signed copy of the signature page of this opinion indicating his concurrence. We conclude that the Chief Justice’s concurrence in the opinion in this manner is valid, and that prior decisions of this court indicating that appellate justices may participate in a decision only if they are physically within California at the time they formally sign an opinion or order (see Cothran v. San Jose Water Works (1962) 58 Cal.2d 608, 612; People v. Ruef (1910) 14 Cal.App. 576, 623-632) are no longer persuasive and should be overruled.

Under the California Constitution, absent a waiver by the parties, appellate justices must be present at oral argument in order to participate in the appellate decision and judgment (see Cal. Const., art. VI, §§ 2, 3; Moles v. Regents of University of California (1982) 32 Cal.3d 867, 870-874), but when justices are present at argument, nothing in the California Constitution or statutes provides that they are disabled from participating in the appellate decision simply because they are temporarily outside of the state at the time they communicate to the Clerk of the Court their concurrence in a proposed opinion (or submit to the clerk a separate proposed opinion for circulation to the other participating justices). In a multijudge appellate court, the operative act that gives legal effect to an appellate court opinion or order is the formal filing of the opinion or order by the Clerk of the Court. (See Cal. Rules of Court, rules 24, 29.4.) So long as the clerk is authorized by the court to file the opinion or order, and the filing occurs in California, the legally effective judicial act is performed in California. To the extent that the more restrictive rule set forth in the early California cases cited above may have reflected the vagaries and unreliability of the communication systems of the time, modern methods of communication have rendered such concerns obsolete. (See, e.g., Gov. Code, § 5500 et seq. [Uniform Facsimile Signature of Public Officials Act]; Civ. Code, § 1633.1 et seq. [Uniform Electronic Transactions Act].)

Contemporaneously with the filing of the decision in this case, we shall amend the Internal Operating Practices and Procedures of the California Supreme Court to clarify the procedures justices may utilize to communicate their vote on a matter pending before the court.

You can access the complete opinion in the case at this link.

Posted at 13:00 by Howard Bashman

Today’s executive business meeting of the Senate Judiciary Committee has been canceled: See this announcement.

Posted at 12:05 by Howard Bashman

This past Saturday’s edition of C-SPAN‘s “America and the Courts“: The program is described as follows:

Chief Justice of the United States William Rehnquist speaks with state chief justices from supreme courts around the nation at a conference in Williamsburg, Virginia. They discuss differences in state and federal constitutional law. This program was recorded on Nov. 14, 2003.

You can view the show online (Real Player required) by clicking here.

Posted at 11:39 by Howard Bashman

“Dangling Nominees”: See the second item in this article from today’s Washington Post, which begins “Even without Democratic filibusters to trip them up, about a dozen of President Bush’s nominees for federal appeals courts are likely to be left dangling when Congress adjourns, casualties of the legislative calendar, who will be forced to wait until next year for action by the Senate.”

Posted at 11:33 by Howard Bashman

Three interesting decisions expected today from the Supreme Court of California: At 10 a.m. pacific time today, the Supreme Court of California is expected to announce decisions in cases presenting the following issues:

Case one: Does the felony-murder rule apply where an accomplice accidentally kills himself while jointly engaged with the defendant in the perpetration of the underlying felony of arson?

Case two: Does the “felonious taking” element of the crime of carjacking require the asportation, or actual movement, of the motor vehicle?

Case three: In an employee’s action under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) seeking damages for sexual harassment committed by a supervisor, may the employer assert a defense based upon the employee’s failure to promptly use the employer’s internal complaint procedures? (Cf. Burlington Industries v. Ellerth (1998) 524 U.S. 742; Faragher v. City of Boca Raton (1998) 524 U.S. 775.)

The decisions, once they have issued, can be accessed via this link.

Posted at 11:14 by Howard Bashman

“Deputy’s ex-wife who sought protection order denied pension”: This article appears today in The Seattle Post-Intelligencer. You can access last week’s ruling by the Court of Appeals Division II of the State of Washington at this link.

Posted at 10:58 by Howard Bashman

BREAKING NEWS — The jury has sentenced John Allen Muhammad to receive the death penalty: Muhammad has been sentenced to death both on the terrorism count and the capital murder count. According to CNN, Muhammad will become the 28th person now residing on Virginia’s death row. The Virginian-Pilot‘s “Sniper Trial Blog” offers more details.

Posted at 10:52 by Howard Bashman

BREAKING NEWS — The jury has reached a decision on whether to sentence convicted DC-area sniper John Allen Muhammad to the death penalty or to life in prison without parole: So CNN has just reported. Announcement of the verdict is expected in about fifteen to twenty minutes.

Posted at 10:28 by Howard Bashman

On the agenda, part two: Thanks to the reader who emailed to point out that the agenda for today’s business meeting of the Senate Judiciary Committee is accessible here.

Posted at 10:14 by Howard Bashman

My visit Saturday to the National Constitution Center: As previewed here, on Saturday I made my second visit to the National Constitution Center in Philadelphia. The details of my visit will be revealed elsewhere in due time. For now, two quick observations. First, the NCC continues to be a popular destination for visitors. Even late on a Saturday afternoon, a healthy crowd is present. Second, while it is easy to “see” the entire exhibition in an afternoon, it is impossible to take in all of the information that the museum has to offer without spending a whole lot of time there. Let me be among the first to call for the creation of a National Constitution Center coffee table book that includes photographs and the text of all of the information presented in the museum’s permanent exhibition.

Posted at 09:55 by Howard Bashman

Available online at law.com: In addition to Tony Mauro’s article reporting on a Second Amendment case in which the Justices of the U.S. Supreme Court are being asked to grant review (an article that I previously linked to here Friday night), you can access articles headlined “2nd Circuit Rules Statutory Rape a ‘Crime of Violence’” and “Ex-Partner May Pursue Retirement Pay Claims.”

Posted at 09:54 by Howard Bashman

Today is day two of The Honolulu Advertiser‘s four-part series on the Supreme Court of Hawaii: You can access here my coverage of, and links to, yesterday’s articles. The following articles appear in today’s newspaper: “Justice moves slowly, painfully“; “Liberal or conservative? Court defies easy labels“; and “Relationship with Lingle thaws after a deep freeze.” And today’s accompanying charts: “The caseload: Appeals awaiting action” and “The dispositions: Cases cleared.”

Posted at 09:45 by Howard Bashman

On the agenda: The Web site of the Senate Judiciary Committee contains a notice of an executive business meeting scheduled for 10 a.m. today. The notice, however, does not as of this moment specify the agenda for the meeting.

Posted at 09:43 by Howard Bashman

“Gay Marriage Isn’t An Issue For The Courts To Decide”: Stuart Taylor Jr. has this essay in today’s edition of National Journal.

Posted at 09:35 by Howard Bashman

“Myth of the ‘Twinkie defense’: The verdict in the Dan White case wasn’t based on his ingestion of junk food.” Carol Pogash had this essay in yesterday’s edition of The San Francisco Chronicle.

Posted at 06:56 by Howard Bashman

“Yesterday’s Papers: Times Warp.” This “Talk of the Town” item appears in the December 1, 2003 issue of The New Yorker.

Posted at 06:50 by Howard Bashman

In Monday’s newspapers: The Washington Post reports that “Gay Marriage Ruling Draws Derision, Praise.” In news from Virginia, “Malvo Jury Sees Photos, but Not Actual Evidence.” In other local news, “Behind Bars, a Recast Ramadan; At Md. Prison, Muslims Must Leave Some Traditional Practices Behind During Observance.” Columnist Courtland Milloy has an essay entitled “Michael Jackson’s Complicated Past May Clarify Much.” And letters to the editor appear under the heading “Gay Marriage Under the Microscope.”

Finally for now, The New York Times reports that “New U.S. Rules on Cell Numbers Create Uncertainty.”

Posted at 06:30 by Howard Bashman

“Amid Acceptance of Gays, a Split on Marriage Issue”: This article will appear in Monday’s edition of The New York Times.

Posted at 23:33 by Howard Bashman

Seventh Circuit Judge Richard A. Posner will speak tomorrow at the George Mason University School of Law in Arlington, Virginia: Thanks to Scott at the “Life, Law, Libido” blog for drawing to my attention that Judge Posner will tomorrow be delivering the final speech in that law school’s Fall 2003 Law and Economics Lecture Series.

Coincidentally, at midnight on the morning of Monday, December 1, 2003, I will be posting online here the December 2003 installment of “20 questions for the appellate judge,” for which Judge Posner is the interviewee. His answers have already arrived, and I can assure you that this will be one of the best “20 questions” interviews yet.

Posted at 23:20 by Howard Bashman

“Prosecutor has much to think about after choosing to deal with Ridgway”: The Associated Press reports here that “Like any politician who breaks a promise, longtime King County Prosecutor Norm Maleng expected a heavy dose of criticism for letting the Green River killer escape death row. By and large, it hasn’t come.”

Posted at 23:10 by Howard Bashman

Elsewhere in Sunday’s newspapers: The Los Angeles Times reports that “U.S. Anti-Porn Effort Is Found Wanting; Obscenity foes say their support for Atty. Gen. John Ashcroft hasn’t translated into the aggressive crackdown they expected.” In local news, “Lap-Dance Decision Cheers Strippers, Patrons; Customers hail the City Council’s reversal of a ban on the lucrative practice, which community activists say fosters prostitution.” In business news, “Archive a Smoking Gun for Tobacco Firm; Why British American released papers showing possible links to contraband sales remains a mystery.” The Associated Press reports that “Forgetful Green Beret Misdiagnosed as Derelict; Sent home from Kuwait for court-martial, he was found to be dying of a rare brain disease.” An op-ed by Law Professor Gerald F. Uelmen is entitled “Jackson Faces Tougher Laws.” Charlotte Allen has an op-ed entitled “Some Folks Just Shouldn’t Get Married; Gay unions undermine tradition and open the door to legalizing incest and polygamy.” And letters to the editor appear under the headings “Government Shouldn’t Decide Who Can Marry” and “Hacking the Law.”

The Washington Times reports that “GOP claims win in judges talkathon.” You can access here an article that begins, “John Allen Muhammad can expect to be executed in about three years if he gets the death penalty following his conviction in the first Washington sniper trial.” In other local news, “Delegates want suspects jailed.” And an op-ed by Terence P. Jeffrey is entitled “Manhandling marriage.”

The Magazine section of The Boston Globe has a cover story headlined “Hot Pursuit: James McLaughlin is one of the most successful online detectives in America. Talking dirty and flirting openly in Internet chat rooms, he lures potential sexual predators to their arrest. But do his tactics cross the line?” And an article reports that “FBI probing taping of Md. Jewish school.”

Posted at 22:40 by Howard Bashman

“He may need to take cover from the law; Man tore part of gay magazine, but that’s illegal at the library”: The Associated Press reports here from Williamsburg, Virginia that “John Callaghan was so disgusted by the cover of a national gay and lesbian newsmagazine at a library that featured two men about to kiss, he said he ripped it off and took it home with him. Now he could face criminal charges.” And The Daily Press of Hampton Roads, Virginia reports that “Library considers magazine incident; Patron could be facing hefty penalty for tearing ‘Advocate.’“

Posted at 22:30 by Howard Bashman

Today’s Ten Commandments-related news and commentary: From Alabama, The Mobile Register contains an article headlined “Survey: Moore wrongly removed.” The Associated Press reports that “Christians eye state’s high court; The conservative groups are preparing a slate of candidates to run next year.” An editorial in The Birmingham News is entitled “What sham? Donations don’t prove political bias in Moore’s trial.” And an editorial in The Montgomery Advertiser is entitled “No conspiracies in leadership changes.”

In news from elsewhere, The Gwinnett Daily Post reports that “Rally shows support for Commandments display.” The Tallahassee Democrat reports that “Protesters rally against courts; Morality in American law at issue.” And The State reports that “Rallies back judge in monument fight; At S.C. State House and across nation, protesters dub Ten Commandments justice a hero.”

Finally, Ted A. Tatchio has an op-ed today in The San Antonio Express-News entitled “Three Commandments get job done.”

Posted at 22:20 by Howard Bashman

“Massachusetts vs. Marriage: How to save an institution.” The December 1, 2003 issue of The Weekly Standard will contain this article.

Posted at 22:15 by Howard Bashman

“Schiavo clash is rooted in cash: The dispute between Michael Schiavo and his in-laws began when Bob and Mary Schindler said he owed them money, court records show.” This article appears today in The St. Petersburg Times.

Posted at 22:10 by Howard Bashman

“A record worth some praise”: Robyn E. Blumner, a columnist for The St. Petersburg Times, today has this op-ed concerning D.C. Circuit nominee Janice Rogers Brown.

Posted at 21:50 by Howard Bashman

“Joe Bob Goes to the Supreme Court”: The December 2003 issue of Washingtonian magazine contains an article by Joe Bob Briggs that the magazine describes in the following terms: “The Texas drive-in-movie critic spends opening day with the nine high-court justices, during which he encounters screaming protesters, graven images, and . . . well, see for yourself.” Unfortunately, the text of the article isn’t yet available online.

Posted at 21:37 by Howard Bashman

In the newsweeklies: The December 1, 2003 issue of Newsweek contains an article headlined “‘My Mommies Can Marry’: A ruling green-lighting gay marriage echoes loudly through the country—and in the 2004 campaign.” And the December 1, 2003 issue of Time magazine contains an article headlined “Bush’s Cool Operator: Bill Frist is the President’s crafty Senate warrior with much on the line. Can the G.O.P. leader deliver?”

Update: Time has now made the rest of the contents of its December 1st issue available online, and the magazine also contains an article headlined “Popping The Question: Now that a Massachusetts court says gays can wed, will it go national? Not if conservatives can stop it.”

Posted at 16:30 by Howard Bashman

You mean appellate judges in Hawaii are supposed to work hard for a living? I have always struggled with the question whether it is better to pursue an extraordinarily work-intensive occupation in an exotic location or in a location that’s the equivalent of the earth’s armpit. Coincidentally, today The Honolulu Advertiser begins a four-part series on the Supreme Court of Hawaii.

That newspaper’s lead article is headlined “Supreme Court struggles as cases, criticism pile up.” In related news, “Justices must juggle reviews, administrative tasks.” Profiles of the five justices serving on the court appear in an item headlined “Top jurists represent diverse backgrounds.” And you can access here a graphic depicting the role of Hawaii’s top court.

Posted at 16:22 by Howard Bashman

“Attorney urges right-to-die discussion”: Today’s edition of The Lawrence Journal-World contains this report.

Posted at 16:20 by Howard Bashman

“Judge criticized for giving cases to one lawyer”: This article appears today in The Cleveland Plain Dealer.

Posted at 16:18 by Howard Bashman

In today’s edition of The Miami Herald: An article headlined “Tough judge holds fate of Tornillo in his hands” begins, “Adalberto ‘Bert’ Jordan, a federal judge before his 38th birthday, always excelled in the classroom. These days, the judge is still doing his homework — more than 800 pages assigned by hundreds of teachers he’s never met.” Links to additional materials are presented at the bottom of the page containing this article.

And in other news, “Florida death sentence elicits outrage in Spain; Spaniards have raised $150,000 to pay for the Death Row appeal of Pablo Ibar, who was convicted of a 1994 triple murder in Miramar.”

Posted at 16:11 by Howard Bashman

In Sunday’s newspapers: In The Washington Post, Charles Lane reports that “Supreme Court Revisits Enemy Combatants; Bush Administration Cites 1950 Ruling to Justify Holding Foreign Nationals at Guantanamo Bay, Cuba.” An editorial is entitled “Mr. Padilla’s Hearing.” Simon Lazarus has an op-ed entitled “Next: Roe v. Federalism.” Emily Bazelon has an op-ed entitled “Trading Places Over Gay Marriages.” And columnist Jerry Markon has an essay entitled “Looking for More Cooperation, Less Creativity.”

The New York Times reports that “F.B.I. Scrutinizes Antiwar Rallies.” In other news, “For Gay Couples, New Rituals at the Altar.” In local news, “Paroled Cop Killer Met the Wrong Person at the Wrong Time, His Backers Say.” An obituary is headlined “Edward Schempp, Who Fought School Bible Readings, Dies at 95.” An editorial is entitled “Stonewalling the 9/11 Commission.” And Adam Goodheart has an op-ed entitled “Small-Town Gay America.”

Finally for now, online at OpinionJournal, David B. Rivkin and Lee A. Casey have an op-ed entitled “Guantanamo on Trial: The Red Cross makes a big mistake in siding with detained terrorists.”

Posted at 16:00 by Howard Bashman

Gay marriage: In today’s issue of The Boston Globe, you can access articles headlined “50% in poll back SJC ruling on gay marriage” and “10 years’ work led to historic win in court” and a newsbrief headlined “City delays issuing same-sex licenses.” That final items follows by one day an article headlined “Cambridge told to await Legislature.” And columnist Jeff Jacoby today has an op-ed entitled “Gay ruling echoes Roe v. Wade.” (At least Jacoby does not suggest that Earl Warren should be impeached.) In other coverage from Massachusetts, The Lowell Sun today reports that “Gay-marriage ruling sets off debate on court’s course.”

In news from elsewhere, The Arizona Republic today reports that “Arizona is on front line of gay-marriage conflict.” The Los Angeles Times reports today that “Activists Look for Ways to Establish Gay Marriage in California.” The Oregonian today reports that “Oregon cautious on gay marriages; Massachusetts and Vermont take steps for same-sex couples, while Oregon activists keep a lower profile.” In coverage from Texas, The San Antonio Express-News reports that “Ruling offers gay couples hope, uncertainty,” while The Dallas Morning News reports that “Texas senator calls for amendment to prohibit gay legal unions; She worries that schoolchildren will become confused.” The Herald of South Carolina reports that “S.C. likely won’t accept same-sex unions; Simrill introduced bill in 1996 that bars gay marriages from being recognized.” And The Pittsburgh Post-Gazette today contains a news analysis headlined “Gay marriage an issue for 2004.”

Finally for now, today’s issue of The New York Times contains two other relevant Week in Review articles: “What Partisans Embrace, Politicians Fear” and “For Better or Worse: Marriage’s Stormy Future.”

Posted at 09:00 by Howard Bashman

Any questions: Google now ranks “How Appealing” on the very first page of responses generated when someone searches for the term “20 questions.” And that’s even before I publish next month’s installment of “20 questions for the appellate judge,” which you’re sure to agree is one of the best yet. Of course, as I adverted to the other day, the best way to generate traffic to a blog appears to be via searches for a certain Paris Hilton video.

Posted at 08:50 by Howard Bashman

The Associated Press is reporting: In news from Wyoming, “Student challenges rule against same-sex dance dates.” And in other news, “Ohio, county fined for keeping whites from adopting black kids.”

Posted at 08:30 by Howard Bashman

Tonight’s Ten Commandments news: In news from Georgia, The Gainesville Times reports here today that “A Habersham County group says it will push to impeach a federal judge who ordered the county to remove public displays of the Ten Commandments. The Ten Commandments Support Committee also plans to appeal U.S. District Court Judge William O’Kelley’s ruling, which was issued Monday.” In related news, The Associated Press reports that “Group to appeal ruling to remove public displays of Ten Commandments.” And The AP has a report from Atlanta headlined “About 100 show their support for public Ten Commandments displays.”

The Daily Herald of Everett, Washington reports today that “Monument fight’s legal bill could be costly for Everett.”

And in news from Texas, the newest member of that state’s Supreme Court turns out to be a Ten Commandments judge in his own right. Today’s issue of The Houston Chronicle contains an article headlined “Local judge new member of state court; Will seek full term in 2004” that begins, “Scott Brister, a veteran Houston jurist who once posted the Ten Commandments in his courtroom, was sworn in Friday as the newest member of the Texas Supreme Court.” Today’s edition of The Fort Worth Star-Telegram reports that “Judge moving upstairs to appeals court.” And The Dallas Morning News reports that “State high court appointee lauded.”

Posted at 23:50 by Howard Bashman

“Blind woman loses bias case; Jury clears clinic in halting her insemination treatments”: Today’s issue of The Denver Post contains this report.

Posted at 23:45 by Howard Bashman

“R.I. bar association blast bias claims about judge”: The Associated Press reports here that “Rhode Island Bar Association leaders said they are outraged by charges of racism and anti-Semitism stemming from US District Judge Mary Lisi’s handling of the lawsuit brought by the mother of slain police Sergeant Cornel Young Jr.”

Posted at 23:44 by Howard Bashman

Elsewhere in Saturday’s newspapers: The Los Angeles Times reports that “Al Qaeda Saw Moussaoui as ‘Cuckoo,’ Defense Says; Attorneys argue suspect dreamed of flying a plane into White House, but did not conspire.” In other news, “Sniper Jurors Seem Divided; Judge tells panel he expects a unanimous decision after question is raised about prospect of a lack of unanimity in Muhammad sentencing.” An article reports that “Council Repeals Its Ban on Lap Dances; A campaign by strip club owners to put the issue on the 2005 ballot forces panel to reverse its position. Residents express outrage.” In other news, “Hard Life for Jackson’s Alleged Victim; The boy was treated for leukemia. His father pleaded no contest to charges of injuring his wife and cruelty to a child.” In news from San Francisco, “File-Sharing Suit May Be Moved; SBC’s fight against subpoenas may go to a court that has sided with the record industry.” In other local news, “Court Upholds $9-Million Verdict Against Bell Helicopters in Crash.” And today’s editorial cartoon by Michael Ramirez looks at the recent gay marriage ruling from Massachusetts.

The Boston Globe reports that “Romney, AG take heat on marriage issue; Gay-rights ruling is clear, law groups say.” And in other news, “Grieving 9/11 kin slow to seek compensation.”

Finally, The San Francisco Chronicle reports that “Topless joint can’t give money away; 4 S.F. nonprofits refuse $4,330 donation from a North Beach strip club.”

Posted at 23:20 by Howard Bashman

“Defense Portrays Sniper Suspect as Indoctrinated”: Adam Liptak will have this article in Sunday’s issue of The New York Times.

Posted at 23:18 by Howard Bashman

“Same-Sex Unions Move Center Stage; After a Decade on Fringe, Gay Marriage Enters American Consciousness”: This article will appear on the front page of Sunday’s edition of The Washington Post.

Posted at 22:55 by Howard Bashman

“For Lawyer, It’s Michael Jackson on Line 1, Scott Peterson on Line 2”: This article will appear in tomorrow’s issue of The New York Times.

Posted at 20:36 by Howard Bashman

Gay marriage: The Times-Picayune today reports that “Married and gay couples are not all that different; Census data reveal striking similarities.” The St. Louis Post-Dispatch today contains an article headlined “Gay|Marriage: For many, those words don’t go together.” And Sunday’s edition of The New York Times will contain a Week in Review article headlined “Gay Couples Follow a Trail North Blazed by Slaves and War Resisters.”

Posted at 20:36 by Howard Bashman

“Guantanamo inmates’ fate unresolved”: If you care to see what Aljazeera.Net is reporting on this subject, click here.

Posted at 20:30 by Howard Bashman

“Legal challenge can’t close OHA, DHHL, judge says”: The Honolulu Advertiser reports here today that “A federal judge yesterday substantially pared down a court challenge to the legality of using state taxpayers’ money to support two state agencies that offer programs that require participants to be of Hawaiian ancestry.”

Posted at 20:29 by Howard Bashman

“Journalist: High Court may head to the center.” Linda Greenhouse, who covers the U.S. Supreme Court for The New York Times, recently spoke at Dartmouth College, and yesterday’s edition of The Dartmouth contained this report.

Posted at 20:22 by Howard Bashman

“Justice Dept.’s civil rights division retreating from activist roots”: The Knight Ridder News Service provides this report.

Posted at 20:18 by Howard Bashman

In celebration of this blog’s three millionth hit: An acquaintance from out of town is visiting the National Constitution Center in Philadelphia for the very first time and has asked if I would come along. So, in just a few minutes, I’ll be making my second visit to the Center. My first visit was the subject of a post you can access here. The Center’s Web site features a virtual tour (Real Player required) that provides a peek inside the facility.

Posted at 13:10 by Howard Bashman

A hit: At some point today, this Web log’s Bravenet hit counter, which I installed on the second day of this blog’s existence (on May 7, 2002), will reach the 3,000,000 hit mark.

Posted at 09:05 by Howard Bashman

“A history of independence: From his role in the Warren Commission investigation to his record in Congress, Arlen Specter continues to generate debate.” This article appears today in The Baltimore Sun.

Posted at 09:00 by Howard Bashman

In Saturday’s newspapers: The Washington Post reports that “Moussaoui Defense Warns of ‘Loophole.’” In news from Virginia Beach, “Muhammad Jurors Told to Keep Working; Panel Asks What Happens in Deadlock.” In news from the other DC-area sniper trial, “Malvo Made Certain He Knew the Territory; Planning Stressed in Remarks to Interrogators.” In related coverage, “A Remorseless Malvo Heard on Recording; Teen Discussed Details of Shootings.” A front page article reports that “Va. Man’s Months in Saudi Prison Go Unexplained.” In business news, “Court Allows Number Switch; Appeals Court Rules Against Delaying Number Portability.” An article reports that “Bush’s Remark About God Assailed.” In other news, “9/11 Panel Pledged Secrecy to New York.” In news from Los Angeles, “Pop Star’s Custody Questioned; Attorney Allred Petitions To Remove Jackson’s Kids.” And columnist Colbert I. King has an essay entitled “And They Call It Superior Court.”

In The New York Times, Adam Liptak reports that “At Sniper Trial, a Second Chilling Tape.” In other news, “Delay Sought on Phone-Number Transfer Rules.” In local news, “As Deadline for 9/11 Aid Nears, Many Relatives Haven’t Filed.” An article reports that “U.S. Survivors of Holocaust Lose Challenge on Fund for Victims.” A profile is headlined “Among G.O.P. Senators, a Favorite Democrat.” From Los Angeles comes word that “No Charges for Jackson for a Week.” In local news, “Privacy Is Primary Issue, Mayor Says of 9/11 Tapes.” In other local news, “Muslim SUNY Student’s Expulsion Is Protested.” And columnist David Brooks has an op-ed entitled “The Power of Marriage.”

Posted at 08:22 by Howard Bashman

“Van Antwerpen tapped for spot on appeals court”: The Express-Times reports here today that “President Bush has nominated U.S. District Judge Franklin S. Van Antwerpen to the 3rd U.S. Circuit Court of Appeals, Van Antwerpen confirmed Friday.”

Posted at 08:15 by Howard Bashman

Elsewhere in Friday’s newspapers: The Los Angeles Times reports that “Jackson Released on Bail After Arrest on Molestation Charges.” In related news, “Geragos Steps Onto International Stage; As attorney for Michael Jackson and Scott Peterson, the lawyer will find himself juggling two high-profile — and high-stakes — cases.” In news from Virginia Beach, “Jury Set to Weigh Sniper Fate.” An article reports that “UC Regents Assail Chairman Over Admissions Report.” In other news, “State Tells Counties to Establish Paper Trail on Electronic Voting.” In news from Colorado, “Plea Deadlines in Bryant Case; Judge’s order makes it more difficult for a settlement before the sexual assault trial begins.” An article reports that “Governor OKs Parole of Murderer; Schwarzenegger vetoes another killer’s release, however. Davis had been criticized for his policy of almost never letting such convicts go free.” In local news, “Magnet School Attracts a Real Court Session; Appeals court justices hold a half-day session at the school so that budding lawyers — and judges — can see the legal system in action.” In other local news, “Citizen Heroes’ Courage Lauded in L.A.; Honorees include the man who tackled an alleged gunman after a shooting outside the Van Nuys courthouse.” And letters to the editor appear under the heading “Massachusetts Court Rules Same-Sex Marriage Is Legal.”

The Boston Globe contains an article headlined “AG suggests bill: same-sex benefits without marriage.” In related news, “At Suffolk Law, same-sex ruling means queries, clients; Students face knotty issues suggested by SJC decision.” In local news, “Kin of Sampson’s victims tell jury of what they lost.” Columnist Scot Lehigh has an op-ed entitled “The court’s unclear message.” And columnist Derrick Z. Jackson has an op-ed entitled “Court’s ruling opens new era in civil rights.”

USA Today reports that “For Malvo, proving insanity will be difficult; Sniper suspect’s strategy seldom used, rarely works.” And an editorial is entitled “Calorie-laden litigation.”

Posted at 23:50 by Howard Bashman

In today’s reader mail: An email that I received today ended with the following paragraph:

I wanted to thank you for the wonderful blog that you author. I am a regular visitor and rarely fail to learn something new and interesting from your posts. You and I are on opposite sides of the political aisle. But your postings are evenhanded, and I find your editorial comments consistently reasonable, even when I disagree with them. That should be the norm, but, given the current state of political debate, it is exceptional. It is also no small part of why you have such a diverse readership.

Thanks so very much for those most kind remarks.

Posted at 23:01 by Howard Bashman

Mirror, mirror: I completely agree with Heidi Bond’s evaluation of which person currently publishes the funniest law student blog. Anyhow, my post from Wednesday didn’t imply that I thought that Heidi’s blog was the funniest; rather, I reported that’s what Professor Brian Leiter thinks. And of course no one ever agrees with him.

Posted at 22:57 by Howard Bashman

Divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit affirms the imposition of Rule 11 sanctions against attorney who continued to press client’s cause notwithstanding nonprecedential Federal Circuit decisions to the contrary: The dissent argues that the court’s affirmance of sanctions under these circumstances just isn’t right. You can access the complete opinion issued today at this link. Thanks much to the reader who emailed news of this ruling to me.

Posted at 22:44 by Howard Bashman

“Will the Justices Bite the Bullet?” law.com‘s Tony Mauro reports that the U.S. Supreme Court could soon accept a case that requires the Court to decide whether the Second Amendment confers an individual right to bear arms.

Posted at 22:30 by Howard Bashman

“White House taps Lehigh Valley judge for federal appeals bench”: The Associated Press tonight provides this confirmation of the news that I broke here earlier today.

Posted at 22:21 by Howard Bashman

Not to mention “Blood Simple“: The Nashville Post today links to “How Appealing” in connection with my recent mention of a Sixth Circuit opinion containing facts reminiscent of a Coen Brothers film. You can view the trailer for “Blood Simple” at this link (Windows Media Player required).

Posted at 22:10 by Howard Bashman

“Brister takes oath as Texas Supreme Court justice after Gov. Perry’s announcement of his appointment to the Court”: The Supreme Court of Texas has today issued this press release. The Houston Chronicle reports here that “Houston judge Brister headed to Texas’ high court.” And The Associated Press reports here that “Appeals court justice named to Texas Supreme Court.”

Posted at 17:26 by Howard Bashman

“Moussaoui Lawyer Wants al-Qaida Witnesses”: The Associated Press provides this report on the Fourth Circuit Brief for Appellee (available here in a 121-page PDF file) unsealed today.

Posted at 17:20 by Howard Bashman

In today’s issue of The Montgomery Advertiser: An article reports that “Moore’s ouster challenged.” And an editorial is entitled “Voters ratified judicial court.”

Posted at 16:34 by Howard Bashman

Clayton Cramer is mightily upset with yesterday’s Ninth Circuit ruling involving the liability of gun manufacturers: See his blog post here.

Posted at 16:27 by Howard Bashman

Available online at Reason: Jacob Sullum has an essay entitled “The Union Label: Is allowing gay marriage the same as endorsing it?” And Cathy Young has an essay entitled “Roy Moore’s Monument: Religion has a place in the public square — but not an exclusive one.”

Posted at 16:24 by Howard Bashman

A reliable source is reporting: The White House is expected to announce today that it has nominated U.S. District Judge Franklin S. Van Antwerpen of the Eastern District of Pennsylvania to fill what currently is the final vacancy for which no nomination has been made on the U.S. Court of Appeals for the Third Circuit. This news comes more than two months after The Morning Call of Allentown, Pennsylvania published an article in the fine tradition of “Dewey Defeats Truman” headlined “Judge loses bid for 3rd Circuit; GOP leader says Easton’s Van Antwerpen, 61, passed over because of his age.” You can access my earlier coverage of that news from Allentown at this link.

Posted at 15:28 by Howard Bashman

“Leaders pushing recess option for Pickering; Republicans think this is last means to get judge to serve on 5th Circuit Court”: This article appears today in The Clarion-Ledger. Aside from possible constitutional concerns that could be raised, a recess appointment for Fifth Circuit nominee Charles W. Pickering, Sr. would cause him to leave his current life-tenured job as a U.S. District Court Judge for a job as a U.S. Court of Appeals Judge that he could only hold for fewer than two years if he isn’t confirmed by the U.S. Senate.

Posted at 14:55 by Howard Bashman

The transcript of Attorney General John Ashcroft‘s address to the Federalist Society annual convention last Saturday is now available online: You can access the transcript here (26-page PDF file). The mention of “John Ashcroft’s Dance Party” appears on page 7 of the PDF document.

Posted at 14:53 by Howard Bashman

“Judge Wins Court Ruling”: The Times Record of Fort Smith, Arkansas reports today that “The Arkansas Supreme Court on Thursday narrowly overturned a disciplinary panel’s admonishment of Court of Appeals Judge Wendell Griffen for speaking out about racial issues at the University of Arkansas.” And The Associated Press reports here that “Ark. Court Strikes Down Judge Reprimand.” You can access the majority and dissenting opinions that the Supreme Court of Arkansas issued yesterday at this link, and a one-page document referenced in a dissent is accessible here in PDF format.

Posted at 14:42 by Howard Bashman

“Note Suggests Sniper Jurors Are Divided”: The Associated Press provides this report from Virginia Beach. The jury has only engaged in four hours of penalty-related deliberations so far, so it’s premature for anyone to suggest that the jury is hopelessly deadlocked.

Posted at 14:39 by Howard Bashman

“Gay Marriage Ruling: A Century of Legal Precedents.” NPR‘s “Morning Edition” today included this very interesting audio report (Real Player required).

Posted at 14:04 by Howard Bashman

Supreme Court of Pennsylvania refuses to hold constitutional as a matter of law a school district’s policy authorizing random, suspicionless drug testing of students who hold parking permits or participate in extracurricular activities: The court’s ruling was based on the state constitution, because the court recognized that the U.S. Supreme Court‘s recent decision in Board of Ed. of Independent School Dist. No. 92 of Pottawatomie Cty. v. Earls (2002), which I previously summarized here, would have required the opposite outcome under the U.S. Constitution. You can access the majority opinion issued yesterday at this link, and a concurring opinion in which three of the seven justices on the court joined can be accessed here.

Posted at 13:33 by Howard Bashman

Jury deliberations concerning whether to impose the death penalty on John Allen Muhammad have adjourned for the weekend: As expected, the trial judge sent the jury home for the weekend at 1 p.m. today, after the jury had deliberated for approximately four hours on the penalty issue. The “Sniper Trial Blog” reports on some very interesting developments that occurred in court before the jury was discharged a short time ago.

Posted at 13:17 by Howard Bashman

“Holy Matrimony: What’s really undermining the sanctity of marriage?” Slate last night posted online this essay by Dahlia Lithwick. Thanks to the reader who emailed to make sure my inadvertent failure to post this sooner did not reflect an end to my slavish devotion to the writings of this essay’s author.

Also at Slate, my former Columbia Spectator editor-in-chief Steven Waldman, now of Beliefnet, has an essay entitled “A Common Missed Conception: Why religious people are against gay marriage.”

Posted at 12:21 by Howard Bashman

Top-secret no more: FindLaw has posted online the Brief for Appellee filed by attorneys for Zacarias Moussaoui in the U.S. Court of Appeals for the Fourth Circuit . You can access the redacted brief at this link (121-page PDF file). As I previously noted here, FindLaw late last month posted online the redacted version of the federal government’s opening brief (108-page PDF document) on appeal.

Posted at 12:07 by Howard Bashman

“Judge refuses to reduce $3M award in three-day erection case”: Via “Obscure Store” I learn of this article published today in The Newark Star-Ledger.

On close scrutiny, it turns out that the blurb “Obscure Store” published about the trial judge’s action is incorrect. As yesterday’s ruling by the Appellate Division of the Superior Court of New Jersey explains in its introduction:

Defendants Sheldon Burman, M.D. and The Male Sexual Dysfunction Institute appeal from an order of the Law Division, entered after our remand, remitting the amount of the jury’s $3 million damage award, which we previously found to be excessive, by one cent to $2,999,999.99. We reverse.

You can access yesterday’s complete ruling at this link.

Posted at 11:51 by Howard Bashman

Certainly not: A profile of Massachusetts Chief Justice Margaret H. Marshall published today in The Christian Science Monitor states, “For all the ruling’s import, however, analysts say its author probably won’t gain the renown of jurists like Earl Warren, chief justice of the US Supreme Court during Roe v. Wade.” Whether Chief Justice Marshall will gain the renown of Chief Justice Earl Warren remains to be seen, but certainly Chief Justice Warren’s renown did not stem from having presided over the decision in Roe v. Wade, because he was no longer in active service on the Court when that case was decided.

Posted at 11:14 by Howard Bashman

Some Wyoming residents are weary — in response to the question “What’s your address?” — of having to answer “F-U”: The Cody Enterprise reports here today that “Road 6FU name offends residents.” You can view a photo of a road sign by clicking here. And The Associated Press reports here that “Residents on ‘obscene’ road ask for new name.”

Posted at 10:15 by Howard Bashman

In other news from Seattle: The Seattle Post-Intelligencer reports here that “Local man is indicted in tourism sex case,” making him “the second person in the country to be indicted under a new federal law targeting tourists who sexually abuse children.” And The P-I reports here that “Wife of Guantanamo chaplain speaks out against charges.” In related coverage, The Seattle Times reports here that “Muslim chaplain’s backers press for his release.”

Posted at 09:59 by Howard Bashman

“Court revives suit on gun marketing; Firms can be sued over weapons used in ’99 shootings”: Bob Egelko of The San Francisco Chronicle has this article today. And Reuters reports here that “U.S. court OKs wrongful death suit vs gunmaker.”

Posted at 09:49 by Howard Bashman

“Man found guilty for crimes he blamed on other personality”: This article appears today in The Seattle Post-Intelligencer. And The Seattle Times reports here that “Insanity defense fails for attacker.”

Posted at 09:45 by Howard Bashman

“Judge upholds tribal court’s banishment of dangerous villager”: The Anchorage Daily News reported here (free registration required) yesterday that “A Superior Court judge has upheld the right of a tribal village to banish a dangerous resident and to get an order from state courts to enforce the banishment.”

Posted at 09:29 by Howard Bashman

In Friday’s newspapers: In news from Virginia Beach, The Washington Post reports here that “Lawyers Argue Fate of Sniper; Muhammad Jury To Weigh Penalty” and here that “Muhammad Defense Offers a Portrait of a Family Man.” In related news, “For Jurors, Stress of Capital Case Can Linger; Researchers Find An Emotional Toll.” In news from the other sniper trial, you can access here an article entitled “Jail Guard Says Malvo Talked of Trail of Bodies; Teenage Victim Takes Stand; Jurors Inspect Caprice” and here an article entitled “Stressed to Kill: The Defense of Brainwashing; Sniper Suspect’s Claim Triggers More Debate.” From Maryland comes news that “Ehrlich Denounces Gay Marriage, Vows Legislative Fight.” In news from California, “Jackson Booked on Molestation Charges.” An article reports that “Programs For Ethnic Hawaiians Survive; Preference Battles Likely to Continue.” In other news, “9/11 Panel Issues Third Subpoena; New York Told to Turn Over Tapes of Emergency Calls.” A front page article reports that “U.S. Set to Revise How It Tracks Some Visitors; Muslims Have Protested Use of Registration.” And letters to the editor appear under the heading “A Wasteful, and Not Unprecedented, Filibuster.”

The New York Times reports here that “Penalty Phase of Sniper Trial Nears End.” An article reports that “Terrorism Panel Subpoenas Tapes From New York.” In news from California, “Michael Jackson Is Booked on Charges That He Calls Lies.” A related article is headlined “Man Who Leads Prosecution Has Reputation for Tenacity.” In other news, “U.S. Moves to Deport Queens Man Said to Have Been a Nazi Guard.” Floyd Norris has a column entitled “Making a Mockery of Media Concentration Rules.” And letters to the editor appear under the heading “Gays and Marriage in America.”

In The Christian Science Monitor, Warren Richey reports that “Sniper case revisits juvenile death penalty; The trial of Lee Boyd Malvo comes as opponents of capital punishment for teens appear to be gaining ground.” You can access here an article headlined “The judge on the front lines of culture war: Massachusetts’ top justice made history, and drew fury, with Tuesday’s ruling on gay marriage.” In related news, “Gay marriage: an issue that divides the faithful.” And an editorial is entitled “Courts and Same-Sex Marriages.”

Finally for now, The Wall Street Journal contains an editorial entitled “First Things First: Ignorance about the Constitution prevails on campus.”

Posted at 06:30 by Howard Bashman

Elsewhere in Thursday’s newspapers: In gay marriage-related news, The Boston Globe reports here that “Civil union law sought; Romney says move would satisfy the SJC”; here “Groups muster to fight gay marriage in Mass.”; here “SJC taking lead on social issues; Gay marriage ruling latest redefining the family”; here “Jurist’s roots deep in advocacy”; here “Image on the line, Romney treads carefully”; here “Gay marriage ruling brings few fireworks”; and here “Cambridge poised to issue licenses amid controversy.” In other news, “Sampson is alleged to have threatened Plymouth guards.” Columnist Ellen Goodman has an op-ed entitled “The convergence of two legal paths.” Columnist Jeff Jacoby has an op-ed entitled “Down the slippery slope.” Columnist Joan Vennochi has an op-ed entitled “A ‘culture war’ on gay marriage could hurt GOP.” And columnist Adrian Walker has an op-ed entitled “A simple reality.”

The Los Angeles Times reports here that “Mass. Legislators Divided on Gay Marriage Ruling; A few embrace the high court’s ruling upholding same-sex unions, some vocally oppose it, and most don’t know what to make of it” and here that “Parties Uneasy Over Politics of Gay Marriage; Opposition may make GOP seem intolerant. Democrats fear it could pry voters away.” In other news, “Illinois Enacts Death Penalty Reforms; Lawmakers override a veto to revamp a process that led to wrongful convictions.” An article reports that “D.A. in Jackson Case Failed in 1993, but Has Reputation for Persistence.” In local news, “Lawyer Links Rebuke of D.A. With Firing.” An article reports that “Injured MD Gets Big Award; LAPD is ordered to pay $14.2 million, rental-car firm $18.8 million in the 2001 incident.” In Kobe Bryant-related news, “Judge Receives 2 Requests.” An article reports that “UCLA, Cal Rejections Baffle High SAT Scorers.” In other news, “UC Regents OK Award in Lab Suit.” An editorial is entitled “Progress, Not Word Games.” And Abraham D. Sofaer has an op-ed entitled “Licenses Cross the Line: Saying illegal aliens have ‘earned the right’ to drive is ridiculous. Repeal the law.”

The Washington Times reports here that “Romney pursues law on gay unions” and here that “Hill action on gay unions seen as unlikely this year.” An article from Virginia Beach is headlined “Ex-wife testifies on death threats.” In related news, “Gruesome evidence heard in Malvo trial.” An article reports that “Doctors unsure on Hinckley trips.” In related news, “Hinckley’s progress is no solace to his victims.” You can access here an article that begins, “A second television ad has been aired in South Carolina attacking Democratic presidential hopeful Sen. John Edwards for his opposition to one of President Bush’s judicial nominees.” In news from New York, “Charges added for abetting terrorism.” And Paul Greenberg has an op-ed entitled “Vocabulary above all.”

USA Today reports here that “Gay-marriage ruling gives little time to prepare; Massachusetts lawyers, officials, employers get 6 months to adjust.” And you can access here an article headlined “Edwards discusses the impact of losing a son; Senator’s book relates personal, legal challenges.”

In other news and commentary from The Washington Post, you can access here an article headlined “Va. Crime Panel Supports Striking Evidence Deadline.” An article reports that “Immigrant Advocates Win Award; In Florida, Workers Cracked Slavery Ring.” An editorial is entitled “The Merits of Gay Marriage.” And columnist Richard Cohen has an op-ed entitled “This May Be Good for Marriage.”

The Christian Science Monitor contains an article headlined “Where gay unions are legal, what lessons? The Netherlands has allowed same-sex marriages for 2-1/2 years. The change hasn’t roiled the nation, but some issues are unresolved.” And you can access here an article headlined “‘Culture wars’ pose risks for both parties in 2004; While Republicans may gain from gay marriage decision, White House needs to avoid hot rhetoric.”

Posted at 23:00 by Howard Bashman

Ring is not lord of Maryland’s death penalty: On Monday, a sharply-divided Court of Appeals of Maryland — that State’s highest court — issued a 4-3 ruling in which the majority opinion begins:

It is Maryland’s turn to consider the effect, if any, of the U.S. Supreme Court’s holding in Ring v. Arizona, 536 U.S. 584, 122 S. Ct. 2428, 153 L. Ed. 2d 556 (2002), upon its capital punishment statutory scheme. At least eleven state supreme courts have preceded us in pondering the same question as regards their respective statutes. Of those states, four, Arizona, Colorado, Missouri, and Nevada, concluded that Ring compelled invalidation of some part of their statutes as written. The remaining six states, Alabama, California, Delaware, Florida, Illinois, and Oklahoma, concluded that Ring had no ill effect on their statutory schemes. For reasons to be explained infra, we determine that Ring does not affect adversely the Maryland statute.

You can access the complete decision (131-page PDF document) at this link. And The Baltimore Sun‘s coverage of this ruling in Tuesday’s newspaper can be accessed here.

Posted at 22:49 by Howard Bashman

“Court Strikes Down Admonishment Of Appeals Court Judge; Judge Publicly Criticized University Of Arkansas”: The Associated Press provides this report.

Posted at 22:41 by Howard Bashman

Available online from law.com: Jason Hoppin reports that “9th Circuit Takes Aim at Gun Companies.” Shannon P. Duffy reports that “ABA, Sprague Agree to Settlement.” In other news from the Keystone State, “Pa. Judge’s Defamation Suit Sent Back to Superior Court.” And Jonathan Ringel reports that “11th Circuit Delves Into Police Conduct, Qualified Immunity; Cases test limit of protection court will give officers.”

Posted at 22:33 by Howard Bashman

“Disputed guideline to shape Muhammad sentence; Jury must weigh vileness of crimes, possible danger”: Today’s issue of The Baltimore Sun contains this report. And that newspaper also reports here today that “Malvo prosecutors race to finish case; Jurors to hear audiotape of teen boasting of killings.”

Posted at 22:27 by Howard Bashman

Available online from The Harvard Law Record: Clinton Dick is keeping busy — he has two articles this week: “Sharply-divided Supreme Judicial Court supports gay marriage” and “HLS profs mull Solomon suit.” Adam White has an op-ed entitled “Force the filibuster.” And Law Professor David Bernstein has figured out the easiest way to get accepted for publication by a Harvard Law journal; his op-ed is entitled “Solomon fight reveals free-association duplicity.”

Posted at 22:01 by Howard Bashman

You can obtain a Supreme Court Justice bobblehead doll for just $34.00! Indeed, one just sold on eBay for only $19.00. (Here’s the fine print: The Justice in question serves on the Supreme Court of Minnesota.) Thanks much to the reader who forwarded many of these links via email. And apologies to The Green Bag, which had seemingly cornered the market in court bobbleheadabilia.

Posted at 21:48 by Howard Bashman

It’s a theory: In response to my query about why Habersham County, Georgia would have chosen a county-owned swimming pool as a location at which to post the Ten Commandments, a reader emails: “Maybe they hoped to divide it into two pools….” It was a very fine movie indeed.

Posted at 21:36 by Howard Bashman

Today’s FindLaw commentators: Joanna Grossman has an essay entitled “Are Bans on Same-Sex Marriage Constitutional? New Jersey Says Yes, But Massachusetts, In a Landmark Decision, Says No.” And Noah Leavitt has an essay entitled “How The U.S. Supreme Court Recently Refused to Enforce U.S. Law, and Insulted the International Court of Justice.”

Posted at 21:30 by Howard Bashman

“Court Reinstates Lawsuit Against Gun Manufacturers”: NPR‘s “All Things Considered” this evening provided this report (Real Player required) on today’s ruling by the U.S. Court of Appeals for the Ninth Circuit.

Posted at 19:50 by Howard Bashman

“Jurors Set to Debate Muhammad’s Sentence”: The Washington Post provides this news update from Virginia Beach. If the jury decides not to impose the death penalty in this case, I’ll be flabbergasted.

Posted at 19:45 by Howard Bashman

What others are saying about “How Appealing”: Longtime readers may recall that I was overjoyed when I first discovered that this Web page maintained by the library of the U.S. Court of Appeals for the Fifth Circuit links to this very blog.

Many other federal appellate courts make such link lists available only to users of their intranets. A reader has forwarded to me the following description of “How Appealing,” which the library of another U.S. Court of Appeals has posted on its intranet: “This is a must-read blog (or ‘blawg’) for the courts. Attorney Howard Bashman provides the best daily summary available of legal news and commentary, with a special emphasis on federal appellate court and US Supreme Court issues, decisions, events and personnel.” I thank the person responsible for that description for his or her very kind words.

Posted at 19:40 by Howard Bashman

“Ernie the Attorney” explains how a “virtual baby shower” can occur for Denise Howell of the “Bag and Baggage” blog: You can access Ernie’s post here. Denise’s blog played an instrumental role in my decision to launch “How Appealing,” so I’m glad that a convenient way exists to once again express my thanks as Denise and her husband begin to experience the joy (and everything else) of parenthood.

Posted at 19:35 by Howard Bashman

“Hastings Decides Against Fla. Senate Bid”: The Associated Press provides this report concerning U.S. Representative, and impeached U.S. District Judge, Alcee L. Hastings (D-FL).

Posted at 18:18 by Howard Bashman

“Court Reinstates Gun Industry Lawsuit”: David Kravets of The Associated Press has this report on today’s ruling by the U.S. Court of Appeals for the Ninth Circuit, which I first reported on here. And Law Professor Eugene Volokh, who is a gun law expert, has found much to complain about in today’s ruling, and he details his objections here, here, here, and here (with perhaps even more to come, later).

Posted at 18:11 by Howard Bashman

The Second Circuit today decided a case bearing an appellate docket number from 1994: You can access today’s ruling at this link. And no, it didn’t take the Second Circuit nearly ten years to decide this particular appeal.

Posted at 17:55 by Howard Bashman

A report on Justice Clarence Thomas’s visit today with the Federalist Society chapter at the University of Georgia School of Law: A “How Appealing” reader was present and has emailed this report:

It was quite a treat this afternoon to be able to meet and speak with Justice Clarence Thomas. He was very kind and gracious, staying thirty minutes after he was scheduled to leave taking individual pictures with all the members of the Federalist Society. These are the highlights of his talk.

Justice Thomas began by commenting generally on the business of the Supreme Court. He gave the impression that things were much more collegial on the Court than the public might imagine and that he respected all his colleagues and enjoyed working with them. He gave the impression that the Justices get along better than when he arrived on the Court. He also seemed to indicate that he is now in his “comfort zone” on the Court. As one might imagine, he spent the first few years of his tenure getting used to the inner workings and heavy workload of the Court. However, Justice Thomas felt that since he has now written on nearly all the broad issues that come before the Court, the decisions come somewhat easier and that this gives him more time to reflect on his decisions.

Justice Thomas was then asked at what point did he want to become a judge, to which he replied, “never.” When the Reagan Administration ended, he was looking forward to getting out of government and making a little money in private practice. He was then approached by the Bush I transition team and asked if he would join the DC Circuit. He accepted and the rest is (recent) history. He was then asked, “what do you think are the ideal qualities in a judge?” Justice Thomas replied that he felt really smart people don’t always make the best judges (so there’s hope for some of us law students after all). An important quality for the bench, in Justice Thomas’s mind, is courage of conviction, tempered by objectivity.

Justice Thomas was then asked whether precedent or personal beliefs had more of an effect on his decision making. He stated that a sense of right and wrong was definitely important, but again repeated that it must be tempered by objectivity. The oath he took to uphold and apply the law was something he takes very, very seriously. Also, he has several safeguards to try to avoid inserting his personal beliefs into his decisions. His clerks read everything he writes to try to weed out his own beliefs from his opinions. Also, he later mentioned that he doesn’t absorb too much news so that he can avoid forming ideas and beliefs about cases that might come before the court. Thus he avoids having a pre-conceived result which he would then feel he has to reach no matter what the law is. Shortly thereafter, he was asked what he liked to do for fun, and he said he enjoyed motorhoming. He enjoys meeting with other motorhomers, mechanics, gas station attendants, and other average people while cruising the country. He enjoys the slow pace motorhoming and this is a welcome break from the Court’s heavy workload. I felt this answer revealed a great deal about his character and judicial temperament.

Finally, Justice Thomas was asked what he thought the major legal issues over the coming years would be. He predicted that cloning, eugenics, intellectual property, due process (in regards to technology), and other computer issues will be major issues in the future. As an aside, he mentioned that only one other justice (Justice Stevens) uses a laptop to work on. Justice Thomas seemed especially troubled by the cloning/eugenics issue and the due process issues. He then added that he expects to see more cases arising out of the PATRIOT Act and the war on terrorism, both now and in the future.

All in all, it was a very interesting talk. I would encourage anyone, no matter what your views, to take the opportunity to visit with any Supreme Court justice whenever the opportunity presents itself.

Indeed. And I thank my correspondent for this report.

Posted at 17:42 by Howard Bashman

“Gay marriage impact may filter into Florida”: This article appears today in The St. Petersburg Times.

In gay marriage-related commentary, The New Republic offers an online debate between Jeffrey Rosen and Jonathan Rauch. And from The American Prospect, E.J. Graff has an essay entitled “See Change: What comes after the Massachusetts court’s decision on gay marriage?” and Matthew Yglesias has an essay entitled “Partisan Paradox: Why Republicans, not Democrats, will pay a political price for the gay-marriage ruling.”

Posted at 16:36 by Howard Bashman

“Harvard Law profs may file suit vs. Defense”: The Yale Daily News today contains this report. Today’s issue of The Harvard Crimson, meanwhile, reports here that “Student Legal Aid to Prisoners Threatened” and here that “City May Be First To Allow Gay Marriage; Cambridge councillors push to issue licenses as soon as possible.”

Posted at 16:29 by Howard Bashman

Stuart Buck‘s 20 questions interview at “Crescat Sententia” is now accessible: It turns out that the Cres-kittens had underestimated the popularity of their site, but it’s back online now, and the interview can be seen here. I just hope that they invest in plenty of bandwith before they publish their 20 questions interview of me.

Posted at 16:25 by Howard Bashman

“Defense Rests Case in Muhammad Trial”: The Associated Press provides this report, and it appears that the jury could begin deliberating as early as tomorrow on whether to impose the death penalty. The Virginian-Pilot‘s “Sniper Trial Blog” continues to provide exemplary, real-time coverage of the Muhammad trial. I haven’t found any blog that is providing real-time coverage of the Malvo trial.

Posted at 15:51 by Howard Bashman

Access online the Georgia federal trial court’s decision ordering Habersham County to remove two Ten Commandments displays: Monday’s ruling of the U.S. District Court for the Northern District of Georgia is now available online here. I’ve been waiting patiently to find out how the Ten Commandments came to be posted at a county-owned swimming pool.

Posted at 15:11 by Howard Bashman

“Appeals court halts deportation; Judge: Nazi guard’s service ‘involuntary.'” The Philadelphia Daily News today contains this report. And you can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit (posted online today) at this link.

Posted at 14:44 by Howard Bashman

“Judge loses round in battle over Web site”: The Pittsburgh Post-Gazette reports here today that “Superior Court Judge Jane Orie Melvin was dealt a setback in her legal battle to uncover the identity of a local Internet gossip who posted derogatory comments about her in 1999.” You can access yesterday’s Supreme Court of Pennsylvania ruling here (majority opinion) and here (concurring opinion). Judge Joan Orie Melvin (yes, The Post-Gazette has misspelled her first name in today’s article) was the Republican nominee to fill a Pa. Supreme Court vacancy earlier this month, but her Democratic challenger won the election.

Posted at 14:10 by Howard Bashman

Divided three-judge Ninth Circuit panel reinstates negligence and public nuisance claims against the manufacturers and distributor of the guns used in the Los Angeles-area Jewish Community Center shootings four years ago: The majority opinion, by Circuit Judge Richard A. Paez, in which Circuit Judge Sidney R. Thomas joined, begins (footnotes omitted):

On August 10, 1999, Buford Furrow (“Furrow”) shot and injured three young children, one teenager, and one adult at the Jewish Community Center (“JCC”) in Granada Hills, California. Furrow fled the JCC with his weapons and, later that day, shot and killed Joseph Ileto (“Ileto”), a United States Postal worker who was delivering mail in Chatsworth, California.

Ileto’s sole surviving dependent parent and three of the children who were shot at the JCC filed a complaint in the Los Angeles Superior Court against multiple defendants involved in the manufacture, marketing, and distribution of various firearms found in Furrow’s possession. The case was removed to federal district court, where the plaintiffs asserted negligence and public nuisance claims against several gun manufacturers, distributors, and dealers. These defendants filed motions to dismiss under Fed. R. Civ. P. 12(b)(6), and all motions were granted. Plaintiffs appeal the dismissal of their public nuisance and state law negligence claims.

Because the plaintiffs have stated a cognizable claim under California tort law for negligence and public nuisance against the manufacturers and distributor of the guns used in the shootings, we reverse the district court’s dismissal against the plaintiffs and in favor of defendants Glock, Inc., China North Industries Corp., RSR Management Corp. and RSR Wholesale Guns Seattle Inc. We affirm the district court’s dismissal in favor of all other defendants.

The dissenting opinion, by Senior Circuit Judge Cynthia Holcomb Hall, begins:

“Whatever personal emotions and personal views members of this court may have in this tragic case, those feelings must be put aside in resolving the narrow legal question decided here.” Merrill v. Navegar, Inc., 26 Cal. 4th 465, 492 (2001) (Kennard, J., concurring).

You can access today’s complete ruling at this link.

Posted at 13:29 by Howard Bashman

This afternoon’s Church vs. State news: The Kansas City Star reports here (registration required) that “Former justice delivers Ten Commandments message; Overland Park visit follows contentious ousting in Alabama.” The Associated Press also provides coverage of that event.

The Gainesville Times reports here that “Habersham removes Commandments; Barrow County attorney says ruling will not affect case there.” AccessNorthGa.com reports here that “Ten Commandments rally planned.”

The Miami Herald contains an article headlined “Judge: Church can include Jesus message in park show.” The South Florida Sun-Sentinel contains an article headlined “Judge: Broward can’t exclude Calvary Chapel display from Festival of Lights.”

The Atlanta Journal-Constitution contains an op-ed by Robert E. Reccord entitled “People of religious conviction endure yet another onslaught.” And The Forward contains an op-ed by Ami Eden entitled “Whose Liberty? Ruling Highlights Fight Over Rights.”

Posted at 13:01 by Howard Bashman

“Clarence Thomas returns to campus”: Justice Clarence Thomas will be making another visit to the University of Georgia School of Law tomorrow, The Red and Black reports here.

Earlier this week, The Daily Princetonian reported here that “O’Connor makes first visit to campus.” And The Trenton Times reported here on Tuesday that “O’Connor lauds jurist who showed ‘respect.'”

Posted at 12:03 by Howard Bashman

“Jury trial sought to decide what Schiavo wanted; Attorneys for the governor want to defend ‘Terri’s Law’ and have witnesses determine Terri Schiavo’s wishes.” This article appears today in The St. Petersburg Times.

Posted at 11:59 by Howard Bashman

In today’s mail: A copy of the brand new book “Amicus Humoriae: An Anthology of Legal Humor,” forwarded by one of its co-editors. Coincidentally, the book has become available just in time for the holiday gift-giving season.

Posted at 11:35 by Howard Bashman

“Senate panel studies Haynes; A ruling on his nomination to the 4th Circuit could be delayed until next year”: The Richmond Times-Dispatch today contains this article.

Posted at 11:20 by Howard Bashman

In news and commentary from Alabama: The Associated Press reports here that “Two members of the court that voted unanimously to remove former Chief Justice Roy Moore from office made campaign contributions to Moore’s opponent in the 2000 election for chief justice.”

The Mobile Register reports here that “Baptists support display, but not defiance.” And an editorial is entitled “On marriage, Alabama is not Massachusetts.”

The Birmingham News reports here that “Anniston lawyer likely to win OK as federal judge.”

And The Montgomery Advertiser contains an editorial entitled “Trimming court still worth look.”

Posted at 11:08 by Howard Bashman

The Fort Worth Star-Telegram is reporting: You can access here an article headlined “Man dies trying to swallow marijuana” and here an article headlined “Worker banned from courts over note to defendant.”

Posted at 10:54 by Howard Bashman

“Strange tale of Stanford slaying, coverup”: This article appears today in The San Francisco Chronicle.

Posted at 10:43 by Howard Bashman

Available at National Review Online: Byron York has an essay entitled “A Big Change in the War Over Judges? There’s new evidence the Democrats’ strategy is backfiring.” And Deroy Murdock has an essay entitled “Legal Insanity: Let the insane be guilty, too.”

Posted at 10:30 by Howard Bashman

In Thursday’s newspapers: The New York Times reports here that “Gays’ Victory Leaves Massachusetts Lawmakers Hesitant.” In related coverage, you can access here an article headlined “Conservatives Mobilize Against Ruling on Gay Marriage” and here an article headlined “Massachusetts Ruling on Gay Marriage Bolsters Hopes in N.J.” In news from Virginia Beach, “Sniper’s Ex-Wife Testifies That He Threatened Her Custody.” An article reports that “Lawyer Faces New Terror-Related Charges.” In news from California, “Michael Jackson Faces Arrest on Charges of Child Molesting.” A related article is headlined “Star’s Costs Mount as Album Sales Slump.” In local news, “Decades Old Cabaret Law Faces Repeal.” An editorial is entitled “A Victory for Gay Marriage.” And William B. Rubenstein and R. Bradley Sears have an op-ed entitled “Toward More Perfect Unions.”

The Washington Post reports here that “Mass. Gay Rights Ruling May Prompt Va. Clampdown.” In news from Virginia Beach, you can access here an article headlined “Sniper’s Ex-Wife Describes Fear; Children’s Loving Letters Show Another Side”; here “Jury Hears of Bitterness, Threats During Breakup; Muhammad’s Ex-Wife Says She Feared for Life; She Also Reads Adoring Letters From His Children”; here “Friend Describes ‘Considerate’ Man; Tacoma Woman Testifies for Defense”; and here columnist Marc Fisher writes that “Deck Is Stacked To Deal Sniper The Death Card.” In news from the other sniper trial, “Sniper Victims Testify Against Malvo; Jury Also Hears Tapes of Calls, Sees Notes Found at Shooting Sites.” In related news, “Malvo Trial Taking Distinct Path.” A front page article reports that “Lawmakers Defy Bush on Media Rules; Negotiators Back Move to Stop FCC From Easing Ownership Limits.” In other news, “Judge Seeks More Input On Hinckley; St. Elizabeths Is Silent On Unsupervised Visits.” An article reports that “Michael Jackson Faces Arrest; Molestation Case Builds in California.”

[More to come.]

Posted at 06:30 by Howard Bashman

Elsewhere in Wednesday’s newspapers: The Boston Globe provides extensive coverage of yesterday’s gay marriage ruling by the highest Massachusetts state court. You can access here an article headlined “Gays have right to marry, SJC says in historic ruling; Legislature given 180 days to change law”; here “Legal conflicts to take years to develop, some analysts say”; here “Ruling extends 20 years of cases”; here “Lawmakers are divided on response”; here “Some Republicans see decision as a stance to run against in ’04”; here “Employee benefits in line to be extended”; here “Some wonder, others welcome decision”; here “Most are cautious in voicing support”; here “Cambridge may counter wait-and-see approach on certificates”; and here “Strong, divided opinions mark clergy response.” An editorial is entitled “Equal rights — and rites.” Columnist Eileen McNamara has an essay entitled “On marriage, simple justice.” And columnist Derrick Z. Jackson has an essay entitled “Mass. court cuts through the homophobia.” In other news, “Witness says Sampson tried prison escape; Prosecutors push case for execution.” And an editorial is entitled “Defending fairness.”

The Los Angeles Times reports here that “Mass. High Court Backs Gay Marriage.” A related article by David G. Savage reports that “Gay Marriage Ruling Up Against an Array of Legal Barriers.” In news from Virginia, you can access here an article headlined “Sniper Testimony Hints at Motives; Evidence of what set off Muhammad’s killing spree could sway his jury on the death penalty” and here an article headlined “Jury Hears Malvo’s Taped Confession.” In business news, “Media Rule Change May Stick; The move to repeal the FCC’s raising of the ownership cap limit appears to be losing steam amid a veto threat and network lobbying.” An article reports that “L.A. Council Retreating on Lap-Dance Ban.” In other news, “Public Anger Called Hinckley’s Key Hurdle in Quest for Limited Freedom.” An article reports that “Judge Finds Cause for Peterson Trial; Modesto neighbors see no reason for surprise in the way the spotlighted case has developed.” In news from New York, “Judge Refuses to Dismiss Two Charges Against Martha Stewart; Obstruction-of-justice and securities fraud counts stand, the judge rules, paving the way for a January trial.” In business news, “Court Victory for Internet Advertising Firm Run by 3 Brothers; Electronics firm is told to pay Advertisement Banners.com of Anaheim $2.25 million.” An article reports that “Many Parole Violators Will Avoid Prison; California agrees to divert thousands of nonviolent offenders into programs.” In news from Colorado, “Bryant Prosecution Team Grows.” You can access here a very interesting article headlined “Hell’s 25-Year Echo: The Jonestown Mass Suicide; A reporter who was in the vortex of the cult catastrophe finds survivors still coping.” A front page article is headlined “Hackers Live by Own Code; Sure, they break into computer systems, but not always with bad intent. And these tech whizzes do have certain quirky rules of etiquette.” Douglas W. Kmiec has an op-ed entitled “The gay-rights ruling by Massachusetts’ highest court undermines the family as an institution,” while Alan Hirsch has an op-ed entitled “Just What Is Marriage Anyway? This correct decision is basically conservative — certainly not an instance of ‘judicial activism.'” And letters to the editor appear under the heading “Internments Differ, but Beware of Abuses.”

The Washington Times reports here that “Massachusetts OKs gay ‘marriage.'” In related news, “Bush vows to defend ‘sanctity of marriage.'” In other related news, “Strongly religious most opposed to gay ‘marriage.'” In even further related news, “Same-sex unions likely as ’04 issue.” You can access here an article headlined “Special interest control cited.” In news from Virginia Beach, “Sniper planned more slayings.” In other news from Virginia, “Malvo: ‘I intended to kill them all.'” An article reports that “Hinckley’s mom says trips home would be safe.” An editorial is entitled “The Massachusetts example.” And an op-ed by Walter Williams is entitled “Commerce clause abuse.”

USA Today reports here that “In Mass., same-sex marriage ban lifted; Court’s ruling could play out nationally.” A related item is headlined “Legislators have six months to rewrite law or try to block ruling.” You can access here a list of “Milestones for gay couples.” And an article reports that “Gay marriage looms large for ’04.” In other news, “Peterson will stand trial in wife’s slaying, California judge rules.” An editorial is entitled “Fight over gay marriage threatens efforts to end bias.” Tony Perkins has an op-ed entitled “Protect traditional marriage.” And letters to the editor appear under the heading “Thank God for former Ala. justice.”

Posted at 23:31 by Howard Bashman

“Calif. Sen. Feinstein Blocks Bush Nominees”: Now Jesse J. Holland of The Associated Press is reporting that “Democratic Sen. Dianne Feinstein of California is blocking many of President Bush’s judicial and other nominees as Congress speeds toward adjournment for the year in what her aides describe as a dispute arising from Bush’s refusal to reappoint a Democrat to the Federal Energy Regulatory Commission.” Another mystery sol-ved.

Posted at 23:16 by Howard Bashman

Commentary: Online at The Weekly Standard, Dennis Teti has an essay entitled “The Federal Marriage Amendment Is Hopeless; But federal law can succeed in protecting marriage where a constitutional amendment is destined to fail.”

Online at Town Hall, Thomas Sowell has an essay entitled “Judges and judgment”; Walter E. Williams has an essay entitled “Harm’s a two way street”; Jay Bryant has an essay entitled “Neanderthals, Angevins and Kennedys”; Ben Shapiro has an essay entitled “Don’t let Miguel Estrada’s nomination die in vain”; Terence Jeffrey has an essay entitled “Massachusetts manhandles marriage”; Linda Chavez has an essay entitled “Catching them in the act”; Maggie Gallagher has an essay entitled “Goodridge decision comes down hard”; David Limbaugh has an essay entitled “Hijacking the judicial appointment power”; and Cal Thomas has an essay entitled “Marriage Redefined.”

At National Review Online, Star Parker has an essay entitled “Estrada Redux: Free Janice Rogers Brown”; Stanley Kurtz has an essay entitled “Who Is Goodridge Good For? Gay marriage in Massachusetts”; Peter Kirsanow has an essay entitled “Transparent Discrimination: ‘What is the termination date of your racial-preference policy?'”; and an editorial is entitled “The Left at the Altar: Goodridge and its aftermath.”

Posted at 23:12 by Howard Bashman

“Man Found Innocent in Counterterror Case”: The Associated Press reports here from New Mexico that “A Canadian man charged with providing military training to foreign soldiers without a license and stockpiling hundreds of missile warheads at his counterterrorism school was acquitted Wednesday of all charges.”

Posted at 23:08 by Howard Bashman

“Court reporter jailed over missed deadlines”: This article appeared in yesterday’s issue of The Miami Herald. (Via “Abstract Appeal.”)

Posted at 22:30 by Howard Bashman

Five U.S. Senators file amicus brief on the merits in the Pledge of Allegiance case pending before the U.S. Supreme Court: You can access the merits-stage amicus brief of U.S. Senator John Cornyn (R-TX), et al., at this link. Thanks much to the reader who so kindly sent this along via email earlier today.

Posted at 22:25 by Howard Bashman

“Court to FBI: No spying on in-car computers.” Declan McCullagh of c|net News.Com today has this report on a ruling yesterday by the U.S. Court of Appeals for the Ninth Circuit that I first reported on here.

Posted at 22:15 by Howard Bashman

“Like a Virgin: Veterans of the most rarefied courtroom argumentation recall when they were touched by the justices for the very first time.” Tony Mauro has this article online at law.com. I may have the pleasure once again of seeing Tony in person sometime soon, but I’m sworn to secrecy about the details.

Posted at 22:12 by Howard Bashman

“Dem Said to Be Blocking Bush’s Nominees”: Jesse J. Holland of The Associated Press reports here that an unidentified Senate Democrat has placed a hold on all judicial nominees, which may prevent any more Senate confirmations from occuring before year end, and The AP has been unable to find out which Senator it is. Well, the email pipeline at “How Appealing” is open wide if anyone wants to break the news here.

Posted at 20:50 by Howard Bashman

“9th Circuit expedites hearing in bond conflict; Appeals court could hear case in February”: This article appears in Thursday’s issue of The Pacific Daily News of Guam.

Posted at 20:10 by Howard Bashman

“Center for Constitutional Rights Launches Campaign to ‘Indict’ Attorney General John Ashcroft”: See this press release issued today. CCR has also launched a Web site dedicated to its effort. Thanks to the reader who emailed to draw this to my attention.

Posted at 19:59 by Howard Bashman

Stuart Buck — blogger and solo guitarist: You already know him as the founder of “The Buck Stops Here” blog, but this article from the Texas Lawyer reveals that Stuart is a musician, too. You could learn even more about him via his answers to 20 questions at the “Crescat Sententia” blog, but after the lead Cres-kitten hit the road to do some traveling, that blog has become inaccessible.

Posted at 19:28 by Howard Bashman

The Associated Press is all over the Ten Commandments tonight: You can access here an article headlined “Move afoot in Florida to protect Ten Commandments in constitution”; here “Federal lawsuit alleges Moore illegally ousted”; and here “Moore’s name deleted from Ten Commandments resolution.”

Posted at 19:24 by Howard Bashman

“Split Decision: Another reason to divide the 9th Circuit.” Seattle Times columnist Collin Levey has this essay online at Slate this evening.

Posted at 19:18 by Howard Bashman

This evening’s Ten Commandments news: The Associated Press reports here that “Habersham to appeal ruling” and here that “Constitution Party eager to get Moore as presidential candidate.”

Posted at 17:26 by Howard Bashman

DC-based federal district judge rules that Ninth Circuit nominee “misconstrued the clear mandate of” the Federal Land Policy and Management Act: You can access yesterday’s ruling by Judge Henry H. Kennedy Jr. of the U.S. District Court for the District of Columbia, in which he criticizes by name Ninth Circuit nominee William Gerry Myers III, at this link. And The Associated Press reports here that “Judge Rules Against Interior Department.”

Posted at 16:31 by Howard Bashman

Seventh Circuit grants rehearing en banc in one Title VII religious accommodation case and denies it (over the dissent of three judges) in another: Back on June 27, 2003, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit decided both of these appeals in a single, consolidated opinion by Circuit Judge Frank H. Easterbrook.

Today, the Seventh Circuit “de-consolidated” the cases and issued this opinion involving “an employee of Indiana’s child-welfare system, took two days of paid leave rather than comply with a directive to remove a headwrap required by her faith” in the case in which rehearing en banc has been granted.

The case in which rehearing en banc was denied over the dissent of three judges involves a man who lost his job with the Indiana State Police after he refused to work at a casino, an enterprise that contravenes his religious beliefs. You can access the “de-consolidated” opinion in this second case and the dissent from rehearing en banc, both issued today, at this link.

Judge Easterbrook is listed as the author of both of the “new” panel opinions issued today.

Posted at 15:40 by Howard Bashman

Today’s Senate Judiciary Committee hearing is about to get interesting: As Senator Edward M. Kennedy (D-MA) begins questioning Fourth Circuit nominee William James Haynes II about the issue of Guantanamo detainees and other Department of Defense detainees in the war on terror. You can view the hearing live online at this link (Real Player required).

Update: Now (at 3:37 p.m.) Senator Russ Feingold (D-WI) is asking Haynes about the American citizens being held in a military brig on terrorism charges without the ability to have contact with counsel or other third-parties.

Posted at 15:19 by Howard Bashman

“Court Orders Arguments in Moussaoui Case”: The Associated Press provides this report. You can access my coverage of this development earlier today at this link.

Posted at 15:09 by Howard Bashman

“Building a Web Media Empire on a Daily Dose of Fresh Links”: This article about blogs in Monday’s issue of The New York Times discusses the easiest way to launch a popular blog — have it be devoted to pornography and sex.

Posted at 14:44 by Howard Bashman

In news from the U.S. Virgin Islands: The Virgin Islands Daily News reported here on Friday that “Assistant U.S. attorney in the running to replace Moore as district judge.” Today’s edition of that newspaper reports here that “District Judge Thomas Moore rejects lawyer’s demand that he step aside.” You can access the decision that is the subject of today’s article at this link. The St. Thomas Source on Monday published an item headlined “Judging Tom: Politics Bares Its Teeth.” And a related letter to the editor appears under the heading “V.I. GOP’s Fate May Hang On That Of Judge Moore.”

Posted at 14:14 by Howard Bashman

Bob Egelko is reporting: In today’s issue of The San Francisco Chronicle, he has an article headlined “Legal challenges expected after Massachusetts ruling.” And from yesterday’s newspaper, you can access here an article headlined “S.F. officials warned on dispensing medical pot.”

Posted at 13:57 by Howard Bashman

Fourth Circuit grants in part the federal government’s motion to seal the oral argument on appeal in the Zacarias Moussaoui case: You can access today’s order at this link. The oral argument will begin at 10 a.m. on Wednesday, December 3, 2003.

Posted at 13:22 by Howard Bashman

Professor Brian Leiter says: “Of the various blogs by law students I’ve seen, this one (by a Michigan student) is easily the most amusing.” I don’t think I’ve previously linked to either of these bloggers, so here goes.

Posted at 12:33 by Howard Bashman

“Edward Schempp, 95, social activist”: The Philadelphia Inquirer last Thursday contained an obituary that begins, “Edward L. Schempp, 95, a social activist and churchgoer who won a U.S. Supreme Court case prohibiting required Bible-reading in the Abington schools, died of heart failure Saturday at Hayward Convalescent Hospital in Hayward, Calif.” With apologies to Ninth Circuit Judge Alex Kozinski, let me simply observe “no relation.”

Posted at 12:20 by Howard Bashman

He likes to watch: The Associated Press reports here that “Forger pleads guilty to being OSU fan.” And in other coverage, The San Diego Union-Tribune reports here that “It’s Big Ten now, Big House later.” (This post’s title in fond recollection of “Being There.”)

Posted at 12:02 by Howard Bashman

“Murder, Race, Justice: The State v. Darryl Hunt.” The Winston-Salem Journal has set up this very cool Web page in connection with an eight-part series it is running this week. You can learn more about the series at this link.

Posted at 11:22 by Howard Bashman

Thanks-giving: I’m aware that Thanksgiving won’t be here until next Thursday (see, I do know the actual date on which certain government holidays are celebrated), but it’s never too early for me to say thanks to the many readers of this blog. For example, I must have received a dozen emails early yesterday morning from readers who wanted to make sure I knew that the Supreme Judicial Court of Massachusetts was going to issue its gay marriage ruling yesterday at 10 a.m. And many, many other readers regularly email to me pointers to interesting court decisions and newspaper articles and commentary. Without such readers, “How Appealing” would provide much less information than it does.

While I could not be more pleased with the large and enthusiastic following that “How Appealing” has already gained, I can’t help but think that this blog’s current readership represents only the proverbial tip of the iceberg. Heck, even the most popular blog only receives an average of 90,000 visits a day. And while I’m not one of those bloggers who asks readers to contribute money or things (although a laptop computer would be nice — just kidding), I do like to encourage readers who enjoy “How Appealing” to do all they can to bring this site to the attention of others who may find it of interest but who’ve never visited.

So, dear reader, I beseech you to do what you can to bring “How Appealing” to the attention of new readers. Indeed, any new readers that you introduce to this site before December 1, 2003 will thank you profusely, because on that date this blog will publish what I guarantee to be one of the best installments of “20 questions for the appellate judge” yet, featuring Seventh Circuit Judge Richard A. Posner as the interviewee.

Posted at 10:55 by Howard Bashman

Enjoix St. Croix: This blog is fortunate to have readers who reside in the U.S. Virgin Islands, but I’d be curious to learn whether any of those readers reside on St. Croix. More specifically, I’d love to hear via email from any readers (whether they live on St. Croix or not) who have suggestions about how one might enjoy oneself on that island while not engaged in last-minute preparations for an appellate oral argument.

Posted at 10:51 by Howard Bashman

Yesterday’s oral argument: The oral argument that I presented yesterday to the Superior Court of Pennsylvania was the third of four appellate oral arguments that I have before year end, and it also was the last one that’s taking place this year within the continental United States.

In the case argued yesterday, I represent a child’s sole surviving parent who contends that the trial court violated the U.S. Supreme Court‘s ruling in Troxel v. Granville (2000) in granting visitation to the child’s maternal grandparent over my client’s, the father’s, objection. Many other States, in Troxel‘s aftermath, have sided with the parent in cases such as this, but the question is one of first impression in the appellate courts of Pennsylvania.

When I finally returned to my office yesterday after having spent nearly five hours waiting to argue that appeal, a pleasant surprise awaited me on my voice mail — a Third Circuit judge had called to see if I was interested in accepting a new pro bono appellate representation in that court. Because the judge isn’t available to talk until tomorrow, I won’t learn any of the details of the case until then.

Posted at 10:40 by Howard Bashman

“Judge postpones ruling in second Kamehameha case”: The Honolulu Advertiser today provides this report.

Posted at 10:39 by Howard Bashman

News and commentary from Alabama: The Birmingham News reports here that “Alabama won’t recognize same-sex unions, Pryor says.” In other news, “Director of courts has 25 years of experience.” One editorial is entitled “Moore’s new crusade; Ousted justice finally hits on acceptable strategy,” while another is entitled “Exxessive verdict; ‘Jackpot justice’ hits oil company again, harder.”

The Montgomery Advertiser reports here that “Display’s removal may cost Moore.” That newspaper offers an Associated Press report headlined “State may feel backlash from verdict.” And an editorial is entitled “Outside critics show ignorance.”

The Mobile Register reports here that “Massachusetts ruling could lead to challenges elsewhere; Pryor says Alabama would not recognize same-sex marriages from out of state.” In other news, “Byrne has second thoughts about shrinking court; Montrose senator fears cutting justices could flood lower court.” And an article reports that “Acting chief appoints aides.”

Posted at 10:22 by Howard Bashman

Time change for today’s Senate Judiciary Committee confirmation hearing: A reader in-the-know emails to say that the start time for today’s hearing, which I have previewed here, has been pushed back to 2:30 p.m. today.

Posted at 10:08 by Howard Bashman

“Courts still deciding what no same-sex marriage means”: This article appears in today’s edition of The Anchorage Daily News.

Posted at 10:04 by Howard Bashman

“Court denies personal pot appeal; Decision shoots down state; earlier personal use ruling stands.” The Anchorage Daily News on Saturday provided this report. And The Fairbanks Daily News-Miner on Saturday reported that “Appeals court just says no to pot case.” You can access Friday’s ruling of the Court of Appeals of Alaska at this link. (Thanks to “TalkLeft,” whose post brought this matter to my attention.)

Posted at 09:55 by Howard Bashman

Thank goodness for TiVo: Blogger Denise Howell reports here that she will be on television tonight at the same time that CBS is broadcasting the third annual Victoria’s Secret Fashion Show. Because the station on which Denise is appearing tonight does not broadcast into Pennsylvania, it looks like I’ll have no option but to watch supermodels in lingerie.

Posted at 09:44 by Howard Bashman

On the agenda: In half an hour from now, the Senate Judiciary Committee is scheduled to hold a confirmation hearing to consider Fourth Circuit nominee William James Haynes II and three federal district court nominees. You can access the agenda at this link, and a live video feed will be available here once the hearing gets underway. By the way, in response to my last mention of the Haynes nomination, a reliable source emails to advise that Haynes now resides in Arlington, Virginia.

Posted at 09:30 by Howard Bashman

In Wednesday’s newspapers: The Washington Post reports here that “Gay Marriage Is a Right, Massachusetts Court Rules.” In this blog entry from last night I have collected additional coverage of the ruling from today’s issue of The Post, The New York Times, and The Christian Science Monitor. In news from Virginia Beach, “Sniper Wasn’t Finished, Jury Told; Prosecutors Seeking Death Penalty Say Muhammad Planned More Attacks.” In related news, you can access here an article headlined “Jury Hears Tape of Malvo Interrogation; ‘I Intended to Kill Them All,’ Teenager Told Prince William Detective” and here an article headlined “Mother Can’t Testify for Malvo; Lawyers Blame Failure to Appear for Muhammad’s Trial.” In other news, “Hinckley Is Cured, Mother Tells Judge; Testimony Reveals Shooter’s Many Trips.” In business news, “Judge Denies Stewart’s Bid to Drop Fraud Charge.” An article reports that “Judge Decries Pro-Industry Mining Rules.” And an obituary is entitled “Ed Schempp Dies; Plaintiff In Landmark ’63 Prayer Suit.”

In The New York Times, Adam Liptak reports that “At Sniper Trial, a Chilling Tape Is Heard by Jury.” In other news, “Survivor of Nazi Experiments Says $8,000 Isn’t Enough.” An article reports that “Three Soldiers Are Charged With Assault on Prisoners.” In business news, “Judge Declines to Dismiss 2 Charges in Stewart Case.” In news from California, “Michael Jackson’s Ranch Is Raided in Criminal Inquiry.” In local news, “Case Turns On Whether Usual Politics Is a Felony.” An editorial is entitled “‘Enemy Combatant’ Sham.” And letters to the editor appear under the headings “Senators and Filibusters” and “Shorter Prison Terms.”

Posted at 06:32 by Howard Bashman

“Judge Kent did not cause 9/11”: Columnist Rick Casey today has this essay in The Houston Chronicle.

Posted at 06:30 by Howard Bashman

“There’s no denying that How Appealing changed and is changing the face of legal journalism.” Thanks to “Balasubramania’s Mania” for the kind words.

Posted at 00:38 by Howard Bashman

“HLS Professors Will Soon File Solomon Suit; Summers explains University’s reluctant stance on litigation”: This article appeared in Tuesday’s issue of The Harvard Crimson. Meanwhile, Tuesday’s issue of The Yale Daily News reported here that “Six Yale Law School students are filing law suits on behalf of low-income former Yale-New Haven Hospital patients as part of the Law School’s legal clinics program.” So Yale law students are suing a Yale hospital as part of their Yale legal clinic. That’s bound to go over well with the university’s administration.

Posted at 00:34 by Howard Bashman

Elsewhere in Tuesday’s newspapers: The Washington Times reports here that “Conservatives aim to curb power of federal courts.” You can access here an article headlined “‘The case was fixed.'” In news from Virginia Beach, you can access here an article headlined “Muhammad found guilty” and here an article headlined “Victims’ relatives cry for death penalty.” From the other DC-area sniper trial comes a report that “Spouse testifies about killing.” In other news, “Hinckley in ‘remission.'” And Timothy P. Carney has an op-ed entitled “The Specter problem.”

The Los Angeles Times reports here that “Court Questions Suspect’s Label; White House decision to classify an alleged bomb plotter as an enemy combatant may be unconstitutional, appellate judges warn.” David G. Savage reports that “Affirmative Action Appeal Is Rejected; The Supreme Court turns away a challenge to a Denver ordinance that seeks to ensure minority firms get a share of city contracts.” In other news, “Court Takes Thrill Ride Safety Issue; State justices agree to review a ruling holding Disneyland to ‘common carrier’ rules. The thrills would be gone, an industry lawyer warns.” In news from Virginia Beach, “Muhammad Convicted in Sniper Slayings.” An article reports that “Hinckley’s Lawyers Argue for Unsupervised Visits.” In news from California, “DMV Puts No-Photo Driver’s Licenses to the Test; The agency is challenging a court decision that has allowed some to avoid being photographed for religious reasons.” An article reports that “Cleric Tied to Terror Is Extradited to U.S.; He faces charges of raising $20 million for Bin Laden. His alleged aide also is arrested.” And letters to the editor appear under the heading “Alabama Judge Removed Over Refusal on Monument.”

In The Boston Globe, Lyle Denniston reports that “High court rejects race-bias case; Declines to hear appeal citing verbal abuse in retail store situations.” In other news, “Transplant targets gay marriage; Ex-lawmaker from Georgia rallies his ardent followers.” And an article reports that “Poor lack counsel: lawyers cite low pay.”

USA Today reports here that “Judges consider Padilla’s detention.” In news from Virginia Beach, “1st sniper verdict: Guilty Muhammad convicted of capital murder, awaits fate.” A related article is headlined “Muhammad’s missed chance could be fatal; Defense provides no explanation to persuade jury to spare his life.” Another related article is headlined “Victims wonder whether closure possible.” And Law Professor Jonathan Turley has an op-ed entitled “Will Malvo jurors spare life of young suspect?”

Posted at 23:51 by Howard Bashman

What question did I ask at this evening’s meeting with four federal judges hosted by the American Constitution Society at the University of Pennsylvania Law School? The four federal judges who attended this evening’s meeting were Third Circuit Judge Theodore A. McKee and U.S. District Judges Louis H. Pollak, Petrese B. Tucker, and Michael M. Baylson of the Eastern District of Pennsylvania.

I was fortunate to be called on by the program’s moderator to ask the final question of the program. My question was: “A major argument raised by proponents of judicial filibusters is that a nominee’s personal and political views will influence how he or she will rule as a judge. Have your personal or political views ever impacted how you have decided to rule in a case, and if so what is the most significant example you can provide?”

Following a period of stunned silence and some attempts at humor from the panelists, Judge McKee was the first to offer a substantive response to my question. He provided examples of instances where the law was contrary to his own views and in those instances he had to follow the law, rather than his personal preference. The most revealing part of Judge McKee’s answer was when he said that he is regarded as perhaps the Third Circuit’s most liberal judge, and recently he had a sitting on a three-judge panel with two of the Third Circuit’s most conservative judges. According to Judge McKee, the panel unanimously agreed on the resolution of every case that week, and at the close of the sitting, in conference, Judge McKee joked to his colleagues that he was afraid that he had begun to think like them, to which one of the other judges on the panel replied that the very same morning he had remarked to his wife that he had begun to think exactly like Judge McKee.

Judge Pollak was the next and final panelist to address my question. He is deservedly regarded as one of the shining stars of the federal district court bench, and he was a hero in the civil rights movement before joining the judiciary. His response focused on the D.C. Circuit and asserted that on that court especially, a judge’s approach to legal questions plays a key role in determining what outcome the judge will reach in deciding those questions. In all, Judge Pollak gave one of the more persuasive explanations for the position that a judge’s personal and political philosophies do significantly impact how cases are decided.

Unfortunately, none of the four judges on the panel was willing or able to explain how his or her own personal or political philosophies affected his or her rulings. I can’t say that I was surprised, but it would have been very interesting to hear the answer to that question.

Posted at 23:20 by Howard Bashman

“Marriage by Gays Gains Big Victory in Massachusetts”: This article will appear in tommorow’s issue of The New York Times. Linda Greenhouse reports that “Supreme Court Paved Way for Marriage Ruling With Sodomy Law Decision.” And a news analysis is headlined “Decision on Gay Marriage Creates a Thorny Issue for 2004 Race.”

In Wednesday’s issue of The Washington Post, Charles Lane will report that “States’ Recognition of Same-Sex Unions May Be Tested.” In related news, “The Ruling Is Felt To Boston’s Roots; A Traditional-Progressive Mixed Reaction.”

And Wednesday’s issue of The Christian Science Monitor will contain an article headlined “Landmark ruling on gay marriage: Massachusetts high court rules that same-sex marriage is a constitutional right and tells the legislature to resolve the issue.”

The NewsHour with Jim Lehrer tonight offered this report on the ruling. NPR’s “All Things Considered” this evening offered reports entitled “Mass. High Court Strikes Down Gay Marriage Ban“; “Variety of Marriage Laws to Test Legal Issues“; and “Gay Marriage Ruling Prompts Constitution Debate” (click on the links to listen in Real Audio).

The White House today issued a news release entitled “President Defends Sanctity of Marriage.”

Today’s ruling by the Supreme Judicial Court of Massachusetts can be accessed at this link.

Posted at 23:03 by Howard Bashman

Available online at The Hill: You can access here an article headlined “How Ted cemented filibuster”; here “In twist, GOP blocks Bush nominee”; and here “Nine-hour filibuster gives Sen. Harry Reid street cred.”

Posted at 22:59 by Howard Bashman

“Court’s Commandments error”: Marc A. Levin has this editorial in today’s issue of The Philadelphia Inquirer.

Posted at 22:49 by Howard Bashman

“The Collusion Memos”: Allegedly purloined memos have been all the rage lately in the judicial confirmation imbroglio, and the Coalition for a Fair Judiciary has posted them online here (30-page PDF file).

Posted at 22:24 by Howard Bashman

Tonight’s Ten Commandments news and commentary: Wednesday’s edition of The Atlanta Journal-Constitution will report here that “Judge orders Habersham Ten Commandments removed.” The Gainesville Times reports here that “Habersham Ten Commandments ordered removed.”

From Alabama, The Associated Press provides an article headlined “Houston: Moore owes state $7,000 for moving monument.” The Birmingham News reports here that “Moore confirms plans to lobby for restricting federal judges” and here that “Houston appoints 2 new deputies.” And The Montgomery Advertiser reports here that “Key jobs go to Supreme Court veterans.”

Finally, Law Professor Marci Hamilton has an essay at FindLaw entitled “Judge Roy Moore and the Ten Commandments Controversy: Why He Was Not A Fit Justice, Won’t Be A Fit Governor, And Belongs in the Private Sphere.”

Posted at 22:07 by Howard Bashman

“Tribe Responds to Goodridge“: What’s Harvard Law Professor Laurence H. Tribe‘s take on today’s gay marriage ruling by Massachusetts’ highest court? The blog “Waddling Thunder” has the answer.

Posted at 21:52 by Howard Bashman

Off campus: Back home at chez “How Appealing,” and I’m pleased to report that the American Constitution Society event this evening at the University of Pennsylvania Law School was quite interesting. I even got to ask the final question posed to the four federal judges in attendance at the program, and I’ll report more on that a bit later tonight. While at Penn, I had the pleasure of meeting a bunch of professors and students who are fans of this blog, and after the reception I enjoyed a great dinner with the author of the “Sugar, Mr. Poon?” blog (more details available here). He attends law school at Penn and is heavily involved in the law school’s ACS chapter.

Posted at 21:49 by Howard Bashman

On campus: It looks like I’ll be visiting with the good folks at the Harvard Journal of Law and Technology on the evening of Monday, January 12, 2004 and that my talk will be available by Webcast(!). I hope to be able to visit with many other friends at the Harvard Law School (including contributors to this blog and this blog) while I’m there. But for now, I’m heading over to the University of Pennsylvania Law School to attend an event I mentioned here last night.

Posted at 16:34 by Howard Bashman

Seventh Circuit Judge Terence T. Evans is quite the sports fan: And, as I’ve previously noted, I’m a big fan of his judicial opinions. Today he considers the issue of ticket scalping as it affected his hometown pro basketball team, the Milwaukee Bucks. In the course of the opinion, he has the pleasure of citing to a law review article written by one of his co-panelists on the case.

Posted at 16:22 by Howard Bashman

Reading is fundamental: A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today affirmed a federal trial court’s permanent injunction striking down the California Department of Corrections’ policy “requiring books and magazines mailed to the prison to have an approved vendor label affixed to the package.” You can access the Ninth Circuit’s ruling at this link.

Posted at 16:07 by Howard Bashman

OnStar on tap: The Federal Bureau of Investigation would like to use your new car’s fancy interactive navigation and information system to wiretap you. Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in a ruling you can access here, said “no.”

Posted at 15:32 by Howard Bashman

Can I get a witness? Paying a witness to provide testimony can give rise to federal criminal charges, even where the testimony is truthful, this opinion that the U.S. Court of Appeals for the Sixth Circuit issued today observes.

Posted at 15:27 by Howard Bashman

“Democrats Charge Break-In of Judicial Memos”: Reuters reports here that “U.S. congressional authorities on Monday began looking into what Democrats called an apparent computer theft of staff memos critical of President Bush’s embattled judicial nominees.”

Posted at 15:15 by Howard Bashman

“SJC: Gay marriage legal in Mass.” The Boston Globe provides this report on today’s ruling (here, 160-page PDF document; here, HTML via Jurist) of the Supreme Judicial Court of Massachusetts. The Globe’s lead article begins, “The Supreme Judicial Court today became the nation’s first state supreme court to rule that same-sex couples have the legal right to marry.”

The court’s synopsis of its ruling can be accessed here.

The Associated Press reports here that “Mass. Court Strikes Down Gay-Marriage Ban”; here “Cautious optimism, dismay greet gay marriage decision”; here “Lesbian couple led fight for landmark ruling”; and here “Leaders say Massachusetts decision similar to Vermont’s.” The AP also provides “Thumbnail sketches of seven plaintiff couples in gay marriage case.”

Finally for now, Reuters reports here that “Mass. Court Strikes Down Gay Marriage Ban” and here that “Mass. Gay Marriage Ruling Applauded and Denounced.”

Posted at 14:52 by Howard Bashman

Just back from my oral argument: Although the Superior Court of Pennsylvania invited all counsel with cases to be argued in Philadelphia today to arrive in court no later than 9:30 a.m., my case was 19th on the list, so I didn’t step up to the lectern until 2:10 p.m.

Posted at 14:44 by Howard Bashman

BREAKING NEWS — Supreme Judicial Court of Massachusetts to deliver long-awaited gay marriage decision at 10 a.m. today: Massachusetts’ highest court has announced that this morning it will deliver its decision in Goodridge v. Department of Public Health. You should be able to access the ruling via this link at or shortly after 10 a.m. today.

You can learn more about the case here, here, and here. As luck would have it, I will be in court this morning delivering the third of my four oral arguments before year end. I will provide a complete report on this morning’s ruling in the Goodridge case once I return, and I may even describe the question of constitutional law presented in the case I am arguing this morning (an appeal that also, coincidentally, involves family law).

Update: The Associated Press reports here that “High court to release gay marriage decision today.” And The Boston Globe offers lots of information about the case at this link.

Posted at 08:57 by Howard Bashman

“4th Circuit’s reputation is polite, conservative; Bush administration steers sensitive cases to friendly panel of judges”: This article appears today in The Baltimore Sun.

Posted at 07:00 by Howard Bashman

In Tuesday’s newspapers: The New York Times reports here that “Judges Question Detention of American.” In news from Virginia Beach, “Muhammad Is Guilty in Slaying in Sniper Spree in Capital Area.” Adam Liptak reports that “911 Tape, Heard in One Sniper Trial, Is Barred From the Other.” In other news, “Two Yemenis Held Abroad Are to Face Trial in a U.S. Court.” An article reports that “Court Questions Eliminating Trade Center Memorial Entry.” In local news, “2 Brooklyn Democrats Indicted in Judicial Corruption Case.” And Clyde Haberman’s NYC column is entitled “All the Views Unfit to Print on a Billboard.”

In coverage of yesterday’s verdict in the DC-area sniper trial of John Allen Muhammad, The Washington Post reports here that “Muhammad Guilty on All Counts; Prosecutors Begin Case for Sniper’s Death”; here “Defendant Stoical Through The End; Muhammad Keeps Emotions to Himself”; here “Relief, Elation From Families Of the Victims”; here “The Verdict Is In, Catharsis Is Out; Sniper Trial Leaves Unsettled Emotions”; and here “Verdict May Affect Malvo Panel; Experts Say News, Tough to Tune Out, Could Help Either Side.” A related editorial is entitled “Guilty as Charged.” In other news, “Appeals Court Weighs Case of Enemy Combatant; Judges Question Executive Branch Powers in Patriot Act.” An article reports that “Ruling Allows Executions to Resume in Md.” You can access here an article headlined “Experts on Both Sides Testify for Hinckley; Prosecutors Oppose Unsupervised Visits Despite Doctors’ Unanimity.” An article reports that “Malvo Jury Won’t Hear 911 Call; Chilling Tape of Franklin’s Husband Prejudicial, Judge Says.” In other news, “Cleric Charged With Aiding Al Qaeda; U.S. Says Yemeni Raised More Than $20 Million.” A front page article reports that “FBI Curbed In Tracking Gun Buyers; Brady Law Policy Foils Watch List.” And in local news, “Md. Judge Cites Legal Fees In Rejecting Phone Accord.”

Finally for now, The Wall Street Journal contains an editorial entitled “Sheriff Durbin: Our scoop prompts a raid on the Senate Judiciary Committee.”

Posted at 06:44 by Howard Bashman

“In Rejecting Affirmative Action Case, Court Also Exposes Conflict Among Justices”: Tuesday’s edition of The New York Times will contain this article by Linda Greenhouse.

Posted at 23:38 by Howard Bashman

One final post on last week’s Senate judicial filibuster talkathon: The NewsHour with Jim Lehrer provided some worthwhile coverage of last week’s events in the U.S. Senate. You can access it here and here. And at this link you will find an especially interesting debate on the subject between two retired U.S. Senators, one from each party.

In an effort at demonstrating bipartisanship, I hope to attend an American Constitution Society event (see description of “Judges Panel” here) being held tomorrow evening at the University of Pennsylvania Law School.

Posted at 23:20 by Howard Bashman

Elsewhere in Monday’s newspapers: The Washington Times reports here that “Battle fronts form over marriage laws.” In other news, “Testimony to begin in Malvo sniper trial.” And an article reports that “Hinckley to seek hospital leaves.”

Finally, Law Professor Jonathan Turley has an op-ed entitled “60 Years On, Again Battling an Abomination of Power; Fred Korematsu opposed Japanese internment in the ’40s. Now he’s urging the Supreme Court not to make the same mistakes with today’s detainees” in The Los Angeles Times.

Posted at 23:01 by Howard Bashman

The Associated Press is reporting: You can access here an article headlined “Groups Seek Ten Commandments Protections”; here “Supreme Court Action on Monday”; here “Muhammad Conviction First Under New Law”; here “Sniper Victims’ Families OK With Verdict”; and here “Doctor: Hinckley’s Mental Health Better.”

Posted at 22:55 by Howard Bashman

The Honolulu Advertiser is reporting: You can access here an article headlined “Kamehameha admissions policy upheld in court”; here “Kamehameha standards debated”; here “Protesters demand justice for Hawaiians”; and here “Court proceedings give some Hawaiians hope.”

Posted at 22:45 by Howard Bashman

“‘Padilla’ Tests President’s Powers in Terror War”: Tomorrow’s edition of The New York Law Journal will contain this report. And New York Newsday reports here that “Court Presses Govt. in ‘Dirty Bomber’ Case.”

Posted at 22:40 by Howard Bashman

Tonight’s Saad news: The Associated Press has an article headlined “Hatch: Senate Judiciary unlikely to vote on Saad this year.”

Posted at 20:59 by Howard Bashman

Racists go to Jupiter, to get more stupider: The Boston Globe reports here today that “Bias taxes brain, research finds; Dartmouth scientists look at effects of racism.”

Posted at 19:28 by Howard Bashman

“Tech industry warily watches IBM toxics trial; Case could mark start of long legal battle similar to tobacco industry’s”: This article appears today in The San Francisco Chronicle.

Posted at 19:26 by Howard Bashman

Tonight on NPR‘s “All Things Considered“: You can access here an audio report entitled “Padilla Lawyers Argue for Jurisdiction Ruling” and here an audio report entitled “Jury Finds Muhammad Guilty; Weighs Death Penalty.”

Posted at 19:20 by Howard Bashman

“Affirmative Signs: Preferences won’t be on campus forever.” Stanley Kurtz has this essay today at National Review Online.

Posted at 19:19 by Howard Bashman

“I Was Brainwashed! If Muhammad’s guilty is Malvo innocent?” Slate‘s Dahlia Lithwick has this essay. And you can hear her discuss today’s guilty verdict here, on NPR‘s “Day to Day” program.

Posted at 19:10 by Howard Bashman

“Judges Hear U.S. Enemy Combatant Legal Challenge”: Reuters provides this report.

Posted at 19:04 by Howard Bashman

“Scalia Lashes Out at Supreme Court Judges”: Anne Gearan of The Associated Press has this report. I’m not sure I agree with the headline writer’s take on Justice Antonin Scalia’s dissent from the denial of certiorari issued today. To quote an email that I received earlier today from a longtime reader of this blog, “I think [today’s opinion dissenting from the denial of certiorari] is one of [Justice Scalia’s] more persuasive writings. And it is so because he cuts out the attack-dog tone and the over-the-top-cutesy examples, and relies only on superior analysis.”

Posted at 17:32 by Howard Bashman

“Appeals court panel weighs legal rights of alleged ‘dirty bomber’; U.S. citizen has been held since June 2002 as enemy combatant”: CNN.com provides this report on today’s Second Circuit oral argument.

Posted at 17:26 by Howard Bashman

The Associated Press is reporting: An article headlined “Court to Rule on ‘Enemy Combatant’ Label” reports on today’s oral argument before the U.S. Court of Appeals for the Second Circuit in the case of alleged “dirty bomber” Jose Padilla.

In other news, you can access here an article headlined “Sniper Suspect Muhammad Guilty of Murder”; here “14 States Ask Courts to Block EPA Rule”; here “Judge: DNA Can Be Used in Peterson Case”; and here “U.S. Court to Arraign al-Qaida Suspects.”

Posted at 16:13 by Howard Bashman

What explanation exists for this practice of the U.S. Court of Appeals for the Fourth Circuit? Whenever the U.S. Supreme Court announces that it has granted certiorari to review the merits of a decision that the U.S. Court of Appeals for the Fourth Circuit has issued, the Fourth Circuit adds a notation to its opinion stating that the opinion has been vacated due to the granting of certiorari. See this example of a case in which the U.S. Supreme Court granted review here.

I find this practice puzzling for several reasons. First, I am not aware of any other U.S. Court of Appeals that follows this practice. Rather, in the other circuits, to the best of my knowledge, a decision in which the U.S. Supreme Court has granted cert. remains valid precedent unless and until the U.S. Supreme Court rules that the court of appeals erred. And because the U.S. Supreme Court sometimes affirms the judgment in cases that it has agreed to review, the Fourth Circuit is vacating some opinions that deserve to remain available to be cited as authority during the pendency of U.S. Supreme Court review.

Second, it is odd that the Fourth Circuit “vacates” the opinion but does not vacate the judgment that the opinion supported. Perhaps the reason the Fourth Circuit does not vacate its judgment is because the Supreme Court has agreed to review the judgment when granting certiorari. But if the judgment remains in existence pending Supreme Court review, then why shouldn’t the opinion that provided the reasons in support of the judgment also remain in existence.

Finally, it is common for a federal appellate court’s decision to resolve a variety of issues, while the U.S. Supreme Court often grants review to resolve just a single issue. In such an instance, will the Fourth Circuit vacate the entire opinion pending U.S. Supreme Court review? In the case of reversal on just one of many issues resolved in a Fourth Circuit opinion, will the Fourth Circuit then reinstate the balance of its earlier opinion? Or will the Fourth Circuit on remand have to issue a new decision that decides the entire appeal anew? If that earlier vacated opinion decided a question of first impression that was not the subject of the Supreme Court’s grant of review, and if that question then arises before a second Fourth Circuit panel while the case is pending before the Supreme Court, is that second Fourth Circuit panel constrained to follow the earlier panel’s holding, or may the second panel ignore what the first panel did because the entire opinion has been vacated?

Given these questions, I’d welcome any insights readers of this blog can provide concerning the rationale behind the Fourth Circuit’s practice of vacating its opinions in cases that the U.S. Supreme Court has agreed to review on the merits.

Posted at 15:33 by Howard Bashman

“Hope may, as the aphorist would have it, spring eternal, but the frustration of an expectation founded on hope alone, unanchored in objective reasonableness, is not a cognizable basis for relief on appeal.” That passage, plus a handful of words that might expand your vocabulary, can be found in this opinion that First Circuit Judge Bruce M. Selya issued today on behalf of a unanimous three-judge panel.

Posted at 14:46 by Howard Bashman

“Court Dismisses Newdow Libel Suit; Man Suing to Rid ‘Under God’ From Pledge Abandons Suit”: The Alliance Defense Fund has issued this press release today.

Posted at 14:38 by Howard Bashman

“Senate Democrats Block Confirmation of Brown and Kuhl”: This article appears today in The Metropolitan News-Enterprise. And Nat Hentoff today has an op-ed entitled “Judicial activism and bias” in The Washington Times.

Posted at 14:26 by Howard Bashman

“Gay couples appeal ruling”: Saturday’s issue of The Asbury Park Press reported here that “The seven same-sex couples from New Jersey who are suing the state for the right to marry will appeal the state Superior Court ruling that dismissed their case.”

Posted at 14:20 by Howard Bashman

“Grand jury to review bombing; Suspects still unclear in Law School attack”: This article appears in today’s issue of The Yale Daily News.

Posted at 14:00 by Howard Bashman

Today’s U.S. Supreme Court Order List is now available online: You can access it here. You can access Justice Antonin Scalia’s dissent from the denial of certiorari in Concrete Works of Colo., Inc. v. City and County of Denver at this link. And you can access Justice John Paul Stevens’ opinion respecting the denial of certiorari in Torres v. Mullin here, and Justice Stephen G. Breyer’s dissent from the denial of certiorari in that same case here.

Posted at 13:15 by Howard Bashman

“The ‘Enemy Combatant’ Case: Federal court hears appeal today on Padilla.” New York Newsday offers this report today. And a related article is headlined “U.S. Is Citing WW II Case.”

Posted at 12:32 by Howard Bashman

“Court Won’t Reinstate Man’s Conviction”: The Associated Press provides this news from the U.S. Supreme Court.

Posted at 12:24 by Howard Bashman

“Federal and State Appellate Judges Give Advice on How You can be Most Effective in Briefing and Orally Arguing an Appeal”: The November 2003 installment of my monthly appellate column, which appeared in print in The Legal Intelligencer one week ago today, is now available online here.

In response to the print version of my column, several readers have asked how they can obtain Senior Third Circuit Judge Ruggero J. Aldisert‘s new book “Winning on Appeal: Better Briefs and Oral Argument, Second Edition.” The book is available for purchase from the National Institute for Trial Advocacy via this link.

Posted at 12:11 by Howard Bashman

The penalty phase at the John Allen Muhammad trial will begin at 2 p.m. today: That’s what CNN has just reported. You can access the most timely online coverage of the trial here, via The Virginian-Pilot‘s “Sniper Trial Blog.”

Posted at 12:05 by Howard Bashman

“High Court Won’t Hear Death Penalty Case”: Gina Holland of The Associated Press provides this report.

Posted at 12:02 by Howard Bashman

The jury has found John Allen Muhammad guilty on all four criminal charges against him: Next comes the penalty phase, in which the prosecution will be seeking the death penalty on the terrorism and capital murder charges.

Posted at 11:58 by Howard Bashman

The John Allen Muhammad jury has reached a verdict: That’s what CNN has just reported. The verdict itself is likely to be announced in about fifteen minutes from now.

Posted at 11:39 by Howard Bashman

“Court Won’t Hear Affirmative Action Case”: Gina Holland of The Associated Press provides this report.

Posted at 11:07 by Howard Bashman

“Lawsuit against GSK dismissed”: In case you missed Seventh Circuit Judge Richard A. Posner‘s latest opinion sitting by designation on the U.S. District Court for the Northern District of Illinois, you can access it at this link [see update, below, for a working link]. American City Business Journals provided this coverage of the ruling, which issued late last month.

Update: The link I provided to the ruling did not work. You can now access the opinion at this link.

Posted at 11:04 by Howard Bashman

Today’s U.S. Supreme Court Order List: While we await the posting online of this morning’s Order List, SCOTUSblog provides this summary of today’s developments.

Posted at 10:00 by Howard Bashman

The Associated Press is reporting: You can access here an article headlined “Court to Hear Case of Sept. 11 Suspect” and here an article headlined “Reagan Shooter Seeks Unsupervised Visits.”

The first of those two articles reports on the oral argument that the U.S. Court of Appeals for the Second Circuit will be hearing this morning in the case of accused “dirty bomb” suspect Jose Padilla, a U.S. citizen arrested in the United States on terrorism charges who is being held in a military brig and being provided no opportunity to communicate with counsel or others. A longtime “How Appealing” reader plans to attend this morning’s oral argument and may be so kind as to provide a first-hand report on the oral argument later today.

Posted at 09:43 by Howard Bashman

On the agenda: At 10 a.m. today, the U.S. Supreme Court is scheduled to release an Order List. And the Senate Judiciary Committee is scheduled to hold an executive business meeting (see the agenda here) at 5:30 p.m. today. You can access here my preview of the meeting, which I posted online Saturday evening.

Posted at 06:50 by Howard Bashman

In Monday’s newspapers: The New York Times reports here that “Questions Rise Over Imprisoning Sex Offenders Past Their Terms.” In news from the New York region, “Politics Rule Judgeships Upstate, Too.” An article reports that “Big Tobacco Pays to Bash Tobacco.” The “Giving” section contains an article headlined “The Gray Area For Nonprofits, Where Legal Is Questionable.” And letters to the editor appear under the heading “The Judge and the Commandments.”

The Washington Post contains a front page article headlined “Acquaintances Split On ‘Brainwashing’; Malvo’s Mind-Set At Heart of Defense.” In other news, “Funding Bill Gets Clause on Embryo Patents; Ban Inserted Into Appropriations Measure Stirs Political, Philosophical Debate.” And the newest installment of the “Washington Hearsay” column is headlined “Army’s JAG Corps Deals With Reality Of War in Iraq.”

Posted at 06:40 by Howard Bashman

In news and commentary from Alabama: The Montgomery Advertiser reports here that “Acting State Supreme Court Chief Justice Gorman Houston said Friday he would not recuse himself from hearing an appeal from former Chief Justice Roy Moore, who was stripped of his job Thursday by the Alabama Court of Judiciary.” And The Mobile Register contains an editorial entitled “Don’t over-celebrate ExxonMobil verdict.”

Posted at 06:18 by Howard Bashman

“Thou Shalt Be Removed: Alabama’s Ten Commandments judge is tossed from office. Did he want this all along?” This article appears in the November 24, 2003 issue of Time magazine.

Posted at 00:27 by Howard Bashman

With deepest sympathies: Via email, a reader asks that I link to this death notice that appeared in Saturday’s issue of The Houston Chronicle.

Posted at 00:16 by Howard Bashman

“‘Dirty bomb’ suspect appeals detention; U.S. citizen has been held since June 2002 as enemy combatant”: CNN.com provides this report on an oral argument that the U.S. Court of Appeals for the Second Circuit is scheduled to hear later this morning.

Posted at 00:02 by Howard Bashman

“The Court and Guantanamo”: Monday’s edition of The New York Times will contain this editorial.

Posted at 23:44 by Howard Bashman

Divided three-judge Ninth Circuit panel holds that Congress lacks power under the Commerce Clause to prohibit the mere possession of a homemade machinegun: Suffice it to say that the Ninth Circuit‘s Commerce Clause jurisprudence has taken some rather unusual turns lately, and it will be interesting to see which decision (if any) sufficiently provokes the attention of the U.S. Supreme Court. You can access Thursday’s machinegun ruling, in which Circuit Judge Alex Kozinski wrote the majority opinion, at this link.

Posted at 23:32 by Howard Bashman

The Seventh Circuit holds that a trial court improperly dismissed a federal prisoner’s suit under Religious Freedom Restoration Act seeking to suspend a Bureau of Prisons’ policy preventing the casting of spells or curses so that the prisoner may pursue his Wiccan faith: Circuit Judge Frank H. Easterbrook issued this very interesting, and quite short, opinion this past Monday.

Posted at 23:04 by Howard Bashman

Attention Coen Brothers: You may find the description of various unsuccessful methods of inflicting death found in this opinion issued on Wednesday by Sixth Circuit Judge Jeffrey S. Sutton to be of interest.

Posted at 22:48 by Howard Bashman

Death, taxes, winning the lottery, and creating a circuit split: For a decision involving all of these elements, see this opinion that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued on Thursday.

Posted at 22:37 by Howard Bashman

Potential candidate for rehearing en banc in Fifth Circuit proves too good to refuse: Back on August 18, 2003, I had a post entitled “Dissenting Fifth Circuit judge identifies another potential candidate for rehearing en banc” about a decision that had issued that day. On November 12, 2003, the Fifth Circuit posted to its Web site this order, dated November 6, 2003, granting rehearing en banc in that case.

Posted at 22:26 by Howard Bashman

A dog’s life: Bill Dyer notes here that “an Austin judge awarded $47,000 to a woman whose dog escaped and was run over while in the custody of a Petco store.”

Posted at 22:15 by Howard Bashman

Third Circuit Judge Michael Chertoff issues his first published opinion: The Third Circuit released the opinion on Friday, and you can access it at this link.

Posted at 22:10 by Howard Bashman

The Associated Press is reporting: You can access here an article headlined “Malvo’s Attorneys Focus on Upbringing” and here an article headlined “Rudolph’s Lawyers Try Death Penalty Block.”

Posted at 19:33 by Howard Bashman

In Sunday’s newspapers: The Boston Globe contains an article headlined “Guantanamo’s ‘child soldiers’ in limbo.” An editorial is entitled “Justice in jail.” And columnist Jeff Jacoby has an essay entitled “The timeless meaning of marriage.”

The Chicago Tribune today begins a three-day series entitled “Tossed out of America.” Today’s lead article is headlined “Immigration crackdown shatters Muslims’ lives; A plane filled with deportees provides a glimpse into an initiative aimed at men from Islamic nations. Justified in the name of security, it hasn’t yielded a single public charge of terrorism.” And a related article reports that “Aspiring politician at center of policy.”

The Washington Post reports here that “Sniper Trial Hosts Provide More Than Courtrooms.” And M. Gregg Bloche has an op-ed entitled “When Science and Politics Mix — and Should.”

The Los Angeles Times reports here that “Energy Measure Would Limit Liability of MTBE Producers; Lawsuits over water contamination from the fuel additive would be stopped retroactively.”

And the “Buzzwords” feature in The New York Times takes a look back at last week’s 39-hour debate on the filibustering of judicial nominees.

Posted at 19:20 by Howard Bashman

The San Francisco Chronicle is reporting: Today’s newspaper contains a lengthy front page article headlined “San Francisco Jails: Handling prisoners, Stripped of dignity; Lawsuits mount over jail’s practices regarding strip searches, safety cells.” A related article is headlined “Stories of Anguish; Jail has man disrobe to photograph his tattoos.” In other news, “Davis praised for his bench appointments; He brought more diversity to the judiciary.” And yesterday Bob Egelko had an article headlined “New dispute brewing over ban on forest road-building.”

Posted at 15:00 by Howard Bashman

Last week at the Supreme Court of the United States: On Monday, November 10, 2003, the Court granted review in two different matters. You can access here the complete Order List that the Court issued on that date.

The more newsworthy of the two matters presents the following question: “Whether United States courts lack jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at the Guantanamo Bay Naval Base, Cuba.” In Tuesday’s issue of The New York Times, Linda Greenhouse reported that “Justices to Hear Case of Detainees at Guantanamo.” And in Wednesday’s newspaper, Greenhouse had a news analysis headlined “Guantanamo Case About Federal Turf.” In yesterday’s issue of The Oregonian, Robert Landauer had an op-ed entitled “No black hole for justices at high court.” And Rich Lowry at National Review Online had an essay entitled “Fighting for the Enemy: Recent Gitmo coverage is media wishful thinking.”

With respect to the other case in which review was granted last Monday, The San Francisco Chronicle had an article headlined “Justices to hear chip tiff; AMD wants Intel to send internal papers overseas.” And law.com‘s Tony Mauro had previewed that case in an article headlined “In Discovery Case, All Parties Seek Review; Supreme Court asked to settle issue of federal courts’ power to grant discovery for disputes before foreign tribunals.”

On Wednesday, November 12, 2003, the Supreme Court issued its first decision of the Term in an argued case. In Barnhart v. Thomas, No. 02-763, the Court unanimously reversed the en banc ruling of the U.S. Court of Appeals for the Third Circuit in a social security disability case. The Social Security Administration employs a five-step sequential analysis to determine whether an applicant qualifies for disability benefits. Step four of the inquiry asks whether the applicant is capable of performing the tasks required by his or her previous job. If the answer is “yes,” then the applicant’s request for disability benefits will be denied. If the answer is “no,” the inquiry proceeds to the fifth and final step, which examines whether other substantial gainful employment exists in the national economy that the applicant can perform. If the answer to step five is “no,” then the applicant qualifies for disability benefits.

In the case before the Court, a New Jersey resident named Pauline Thomas — who last worked as an elevator operator — was seeking disability benefits. Automation caused her to lose her job as an elevator operator, and she maintained that it was irrelevant whether she could still perform that work because the job of elevator operator was no longer available. In essence, Thomas argued, where one’s former work no longer provides a way in which to be gainfully employed, step four of the sequential analysis should be resolved in the applicant’s favor even if the applicant would be able to perform that job if only the work still existed. A federal district court in New Jersey ruled against Thomas and in favor of the Commissioner of Social Security. A three-judge Third Circuit panel reportedly split three ways over how the case should be decided, and before the panel’s ruling issued, the Third Circuit issued an order taking the case en banc. Following reargument en banc, the Third Circuit ruled 7-3 in favor of Thomas. The majority, in an opinion by Circuit Judge Samuel A. Alito, Jr., essentially concluded that it would be irrational to deny benefits to an applicant who could perform her prior work if that particular job no longer existed. Thus, in such an instance, consideration of the applicant’s request for disability benefits should proceed to the fifth and final step of the sequential inquiry.

By a vote of 9-0, the Supreme Court reversed in an opinion written by Justice Antonin Scalia. The Supreme Court reasoned that the statutory language made clear that whether someone’s prior work existed in the national economy was not a relevant consideration. And the Supreme Court explained that the Social Security Administration’s approach merely used an applicant’s ability to do his or her prior work as a proxy for the ability to do other similar jobs that likely exist in the economy. If the proxy sometimes proves imperfect, the Court explained, that is one of the drawbacks of having a huge administrative regime such as the Social Security system. But, the Social Security Administration is allowed to elect that approach over a system where step four is rendered meaningless whenever an applicant’s job has disappeared from the national economy due to the march of progress. After all, the step five inquiry is much more labor intensive than the inquiry at step four. In the past, Judge Alito has been rumored as a possible U.S. Supreme Court nominee, but some have accused him of being a clone of Justice Scalia. Wednesday’s ruling demonstrates that this is simply not true, and that in fact Judge Alito cares much more for the “little guy” than do any of the nine Justices currently serving on the Court. The Newark Star-Ledger, in its Thursday edition, reported that “Top court shuts door on Jersey City elevator operator’s claim.” And The Pittsburgh Post-Gazette reported here that “High court puts limits on disability claims.”

The Supreme Court also heard oral argument in four cases last week. Tuesday’s edition of The Olympian reported here that “Local case gets supreme hearing.” On Wednesday, Slate‘s Dahlia Lithwick had an oral argument report entitled “The Accidental Tourist: If secondhand smoke kills, is the airline to blame? The Supreme Court deliberates.” But the case that received the most oral argument coverage last week involved whether a federal age discrimination law allows the youngest of workers covered under that law to sue claiming that older workers received discriminatorily favorable treatment from their common employer. Linda Greenhouse on Thursday reported here that “Justices Mull Twist in Law on Age Bias.” David G. Savage of The Los Angeles Times reported here that “Supreme Court Debates Age Discrimination Issue; Justices will decide if it’s OK for a firm to give certain benefits only to older workers.” Lyle Denniston of The Boston Globe reported here that “Case tests the limits of age-bias law; High court weighs defense contractor’s benefits for workers.” And Jan Crawford Greenburg of The Chicago Tribune reported here that “Justices urged to expand age-bias job law; Younger workers ask same benefits.”

In other news pertaining to the Court from last week, The Associated Press reported here on Wednesday that “Supreme Court justice denies stay in Madster case.” The AP yesterday had an article headlined “Twists mark judicial journey; Chief justice describes the process to reach U.S. Supreme Court.” The student newspaper at William and Mary covered the same address in an article headlined “Humor and History, Courtesy of Chief Justice Rehnquist.” The Concord Journal reported here on Thursday that “Miller award given to Supreme Court justice.” An article from New York Newsday headlined “A Visit to the Capitol” reports on a visit by 70 students at Bais Yaakov Academy for Girls to see Justice Ruth Bader Ginsburg. And you can access here a report from St. Louis this past Thursday entitled “Clarence Thomas Tells Students He was a Victim of Racism.”

Finally, Jacob T. Levy had an essay online at The New Republic entitled “Foreign Invasion” about the Court’s seemingly increasing reliance on foreign law in deciding constitutional issues.

Posted at 13:15 by Howard Bashman

“Cyclist’s strange DUI-manslaughter trial opens tomorrow; Prosecutors say Laura Roberts took prescription pills and drank beer before causing a fatal crash”: This article appears in today’s issue of The St. Petersburg Times.

Posted at 12:15 by Howard Bashman

The Montgomery Advertiser is reporting: You can access here an article headlined “One society connects many Bush nominees” and here an article headlined “Some fear huge jury awards create negative image.” The newspaper today also contains an editorial entitled “Exxon outcome not reasonable.”

Posted at 09:22 by Howard Bashman

This morning’s Ten Commandments-related news and commentary: From Alabama, The Huntsville Times reports here that “Moore’s options appear plentiful; Guessing game even includes a presidential bid.” That newspaper also offers extensive reader reaction to last week’s events. The Birmingham News reports here that “Two Moore allies lose high-level jobs in judiciary.” The Times Daily reports here that “Records say Moore declined offer that may have saved job.” And The Associated Press reports here that “Key aides fired after Moore’s ouster.”

From Georgia, The Atlanta Journal-Constitution offers an article headlined “Ten Commandments and small-town politics: Heated debate engulfs wary councils and commissions, especially in Georgia” and an article headlined “Preacher fights Commandments; Habersham Baptist sues to end display in courthouse.” The Athens Banner-Herald reports here that “Barrow fight has its critics; Commandments flap makes some uneasy.” The AP reports that “Barrow seeks dismissal of ACLU suit.” The Gainesville Times reports here that “Judge still has ample support in Gainesville.” And The Ledger-Enquirer contains an op-ed by Tim Chitwood entitled “Nothing Moore is new.”

From Tennessee, The Knoxville News-Sentinel reports here that “God not an issue in Monroe; Commandments on wall, creator in resolution, with no wails, gnashing of teeth” and here that “Opinion mixed on adopting God resolution.” And Sam Venable has an op-ed entitled “God can take care of Himself.”

The San Antonio Express-News today contains an editorial entitled “Justice for Alabama judge.” The Oregonian yesterday contained an editorial entitled “Even judges aren’t above it.” The St. Petersburg Times yesterday contained an editorial entitled “Consistent with the law.” And The Providence Journal today contains an op-ed by Philip Terzian entitled “From Moses to Moore.”

Posted at 08:58 by Howard Bashman

Elsewhere in Saturday’s newspapers: The Washington Times contains an article headlined “Memos of special interest on Hill” that begins, “Democrats on the Senate Judiciary Committee have worked in close concert with outside special-interest groups to defeat President Bush’s judicial nominees, according to internal Democratic staff memos.” In other news, “Moussaoui right to represent self revoked.” And an article reports that “Sniper jury deliberates 4 hours, breaks for weekend.”

In The Boston Globe, Lyle Denniston reports that “Judge bars Moussaoui from representing himself.”

The Los Angeles Times reports here that “Judge Ends Moussaoui’s Stint as Lawyer; The defendant’s ‘frivolous’ pleadings are blamed. Standby attorneys take over.” An editorial is entitled “The Value of Miranda.” And letters to the editor appear under the heading “‘Talkathon’ on Bush’s Judicial Nominations.”

Posted at 23:01 by Howard Bashman

“On Campaign Trail, Edwards Defends Lawyer Role”: This article will appear in Sunday’s edition of The New York Times.

Posted at 22:58 by Howard Bashman

“Lynching Comparison Furthers Divisiveness”: Sunday’s issue of The Washington Post will contain an article that begins, “In the partisan debate over candidates for the federal judiciary, even the rhetoric is becoming a source of division.”

Posted at 22:51 by Howard Bashman

“Charlottesville Tragedy: Two dead in Clifton Inn fire; They were recruiters for a New York law firm, along with an injured third woman.” This very sad news appears in today’s edition of The Richmond Times-Dispatch. Update: Additional coverage is available here from The New York Daily News and here from The New York Post.

Posted at 19:30 by Howard Bashman

A look back to the judicial confirmation talkathon and a look ahead to next week in the Senate Judiciary Committee: C-SPAN has made available online the video of this past week’s marathon debate in the U.S. Senate over whether a filibuster should be used to block an up-or-down vote on judicial nominees. You can access the entire debate in convenient two-hour segments via this link. Some additional, related video coverage is available from C-SPAN here.

According to this notice from the Senate Judiciary Committee, a business meeting that had been scheduled for yesterday will be held on the evening of Monday, November 17, 2003. On the agenda for the umpeenth time is Sixth Circuit nominee Henry W. Saad. And making his first appearance on a business meeting agenda is Fourth Circuit nominee Claude A. Allen. Two days ago, The Associated Press reported here that “A vote on whether to send Michigan Court of Appeals Judge Henry Saad to the federal bench was again delayed Thursday, this time the victim of a 30-hour Senate debate on judicial nominees.” Today, The Baltimore Sun contains an article headlined “Congress unlikely to vote on nominee from Va.; Md. senators had vowed fight over 4th Circuit seat.” The article begins, “Prospects faded yesterday for the Senate to act this year on the nomination of Claude A. Allen, the Virginian chosen by President Bush to fill a federal appeals court seat formerly held by a Marylander.” And in somewhat related news, yesterday The News and Observer of Raleigh, North Carolina reported here that “A U.S. senator says he doesn’t buy federal judicial nominee Claude Allen’s recent explanation of his use of the term ‘queers’ when he was a media spokesman for U.S. Sen. Jesse Helms 19 years ago. Sen. Dick Durbin, an Illinois Democrat, said Allen’s sworn testimony two weeks ago to the Senate Judiciary Committee does not square with what Allen said in 1984 about the remark, already an issue in his confirmation.” A related item appeared under the heading “Claude Allen’s ‘queers’ comments in 1984 and what he says now.”

Finally, on Wednesday, November 19, 2003 the Judiciary Committee is scheduled to hold a confirmation hearing for Fourth Circuit nominee William James Haynes II. Perhaps we will learn then whether Haynes has succeeded in his quest to obtain a residence within the Fourth Circuit (see this earlier post for more details).

Posted at 19:00 by Howard Bashman

The Associated Press is reporting: You can access here an article headlined “Hilton’s Ex-Boyfriend Sues Over Sex Video”; here “Democrats Rip GOP on Judicial Talkathon”; here “Court Issues New Stay in Schiavo Case”; here “Utah Mayor Wins Re-Election by Dice”; here “Judge: Saudis Beyond Reach of U.S. Courts” (plus, the ruling in question is accessible at this link); here “Muhammad Trial Jury to Resume Work Monday”; here “Illinois School in Church-State Fight”; and here “Appeals Court Upholds Officer’s Promotion.”

Posted at 18:54 by Howard Bashman

On this evening’s episode of C-SPAN‘s “America and the Courts“: According to C-SPAN’s description, “Attorney General John Ashcroft speaks about the Patriot Act to the Federalist Society for Law and Public Policy Studies. His remarks come on Day 3 of the Society’s 2003 National Lawyers Convention.” Gina Holland of The Associated Press covered this morning’s speech in an article headlined “Attorney General Defends Patriot Act.” At the close of the article, Ms. Holland reports:

Ashcroft was warmly greeted by the several hundred lawyers who attended his early morning speech.

He got in a poke at a liberal rival group, the American Constitution Society, which held its first national meeting this year. Former Attorney General Janet Reno was one of the draws of the event, hosting a late night “dance party” for law students and lawyers.

“They let Janet Reno speak at a far more civilized hour,” Ashcroft said. “How do you expect me to speak this morning and still be fresh for a John Ashcroft dance party this evening?”

You can learn more about this year’s Federalist Society Convention at this link.

Posted at 18:42 by Howard Bashman

“City moves Ten Commandments”: This article appears in today’s issue of The Casper Star-Tribune. Relatedly, last week Slate published an essay by Emily Bazelon entitled “Monument From Hell: Make room for a Matthew Shepard hate monument in a town square near you.”

Posted at 18:39 by Howard Bashman

In tomorrow’s edition of The New York Times Magazine: Michael Sokolove has an article addressing “Should John Hinckley Go Free?” And Deborah Sontag’s cover story, headlined “In a Homeland Far From Home,” examines what happened to one man after the Bush Administration signed an agreement with Cambodia that allowed the repatriation of Cambodian nationals who had broken the law in America.

Posted at 13:45 by Howard Bashman

In news from Alabama: The Montgomery Advertiser today reports here that “Moore’s team leans toward appeal” and here that “Democrats block Brown again.” And The Birmingham News today contains an article headlined “Moore’s first goal: ‘Clear my mind.'”

Posted at 12:33 by Howard Bashman

The San Francisco Chronicle is reporting: While I was on vacation last week, Bob Egelko wasn’t. Among the articles he wrote last week: “Internet providers face risk of libel, court rules; They could be sued over posting of malicious messages“; “U.S. offers to suspend new limit on abortions; Enforcement of law would wait until court hearings in March“; and “High court considers teen’s poetic license.”

Posted at 12:20 by Howard Bashman

“Debate Marathon Over Judges Ends, but the Battle Goes On; Senate Republicans and Democrats continue to hurl charges at one another as two more nominees are blocked.” Today’s issue of The Los Angeles Times contains this report. Elsewhere, The Sacramento Bee reports here that “Senate talkathon fails to rescue Bush court picks; The GOP is unable to stop Democratic filibusters, likely dooming the three nominations.” The San Jose Mercury News reports here that “Senate stalemate over judicial nominees continues.” FOXNews.com reports that “GOP, Dems Both Claim Victory in Judicial Fight.” Today’s edition of The Atlanta Journal-Constitution reports here that “Democrats block 3 Bush nominees,” while tomorrow’s issue will contain an op-ed by David A. Yalof entitled “It’s the Supreme Court stupid.” Finally, The New York Post today contains an editorial entitled “GOP Must Step Up.”

Posted at 12:12 by Howard Bashman

“It’s official: Sykes nominated for U.S. appeals court; If she’s approved, Democrat Doyle will appoint replacement on state high court.” This article appears today in The Milwaukee Journal Sentinel. The official White House announcement of the nomination can be accessed here.

Posted at 08:45 by Howard Bashman

In Saturday’s newspapers: In The New York Times, Adam Liptak reports that “Sniper Defendant Working on His Boyish Appearance.” In other news, “Exxon Is Ordered to Pay $11.9 Billion to Alabama.” An article reports that “Grace Creditors Ask Judge to Step Aside Over Advisers.” From northern Virginia comes news that “Judge Bars 9/11 Suspect From Being Own Lawyer.” In business news, “Stewart Lawyers Attack Basis of U.S. Case.” And in local news, “Man Charged in Wife’s Suicide by His Gun Pleads Not Guilty” and “No Wiggle Room in a Window War.”

The Washington Post reports here that “Muhammad Jury Begins Deliberating; Court Adjourns Without Verdict.” In other news, “Lawyers Restored For Moussaoui.” A front page article is headlined “At Colleges, an Affirmative Reaction; After Rulings, Recruiters Take a More Inclusive Approach to Diversity.” In business news, “Exxon Mobil Told to Pay $11.9 Billion; Jury Finds Fraud in Alabama Gas Deal.” An article reports that “Judge Rejects Saudi Terrorist Link; Suit Claimed Members of Royal Family Funded 9/11 Attackers.” In news from Virginia, “Former Prince William Prosecutor Not Guilty of Obstruction.” An editorial is entitled “No More Justice Moore.” And an op-ed written by Thomas H. Kean and Lee H. Hamilton is entitled “9/11 Panel: Free to Probe.”

Finally, OpinionJournal has posted online today an item headlined “‘He Is Latino’: Why Dems borked Estrada, in their own words.”

Posted at 08:30 by Howard Bashman

“Judge calls Terri’s Law intrusive; As the judge hints at striking down the law, players on both sides air their messages to local and national audiences.” This article appears today in The St. Petersburg Times.

Posted at 08:23 by Howard Bashman

Ohio man would settle suit against FBI in exchange for receiving a house and a wife: And don’t overlook his demands for free food and a little spending money. Today’s issue of The Dayton Daily News contains this report.

Posted at 08:21 by Howard Bashman

The Associated Press is reporting: You can access here an article headlined “Moussaoui Loses Right to Represent Self” (plus the trial court’s order is accessible at this link); here “Ousted Judge Doesn’t Think He’s a Martyr”; here “Muhammad Trial Jury to Resume Work Monday”; here “Schiavo Husband’s Suit May Proceed”; here “Opposition to USA Patriot Act Swells”; here “Boycott Stops Abortion Clinic Contractor”; and here “Judge Steps Down From Custody Fight.”

Posted at 08:08 by Howard Bashman

“US enemy combatant legal challenge unfolds Monday”: Reuters provides this preview of a case to be argued Monday before a three-judge panel of the U.S. Court of Appeals for the Second Circuit. Circuit Judges Rosemary S. Pooler, Barrington D. Parker, Jr., and Richard C. Wesley have been assigned to hear and decide the case. The central question presented is “Can the President declare an American citizen to be an ‘enemy combatant’ and place him in military custody with no access to counsel or visitors, and does a federal court (and which court?) have habeas corpus jurisdiction to examine the detention?”

Posted at 01:30 by Howard Bashman

Marathon debate on judicial nominees earns Republicans little more than two additional filibustered federal appellate court candidates: You can add Ninth Circuit nominee Carolyn B. Kuhl and D.C. Circuit nominee Janice Rogers Brown to the list of federal appellate court nominees whom the Democratic minority in the U.S. Senate has blocked from receiving an up-or-down vote on the merits. Yesterday, cloture motions on those two nominees and on Fifth Circuit nominee Priscilla R. Owen all failed. You can access the official roll call votes here (Brown), here (Kuhl), and here (Owen). The day before those votes occurred, President Bush appeared at the White House with those three nominees and delivered remarks and answered some questions from the press. A transcript and links to video of the event are available here. A separate statement issued after the cloture votes failed can be accessed here.

In today’s issue of The New York Times, Neil A. Lewis has an article headlined “Bitter Senators Divided Anew on Judgeships.” And today’s issue of The Washington Post contains an article headlined “Senate Filibuster Ends With Talk of Next Stage in Fight.”

Posted at 00:55 by Howard Bashman

Ten Commandments, the week that was: An article published in Thursday’s issue of The New York Times had all but assured readers that Alabama’s Court of the Judiciary wouldn’t remove Roy S. Moore from the office of Alabama’s Chief Justice. Of course, later Thursday morning the Court of the Judiciary did indeed remove Moore from office. You can access the decision at this link. Friday’s edition of The NYTimes contained this report, plenty of coverage from The Montgomery Advertiser is available via this link, and coverage from Alabama’s other major newspapers can be accessed via this link. Moore may appeal the decision to the court on which he once served, and the electorate in Alabama ultimately will have the power to reelect him as Chief Justice if both he and the voters are so inclined. We haven’t heard anywhere near the last of this matter.

In a separate development, on Wednesday a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit affirmed a trial court’s decision that refused to order the removal of a Ten Commandments monument located on the grounds of the Texas State Capitol. You can access the Fifth Circuit’s ruling at this link.

Posted at 00:42 by Howard Bashman

“Attorney’s Appellate-Law Blog Wins Readership; Readers Rave About Blog Devoted to Appellate Law”: As Denise Howell so kindly noted, this past Wednesday The Los Angeles Daily Journal published a front-page profile of “How Appealing.” You can access the full text of the profile online at “How Appealing Extra” at this link.

Posted at 00:33 by Howard Bashman

One more reason to visit “How Appealing” on Monday, December 1, 2003: At midnight on Monday, December 1, 2003, I will be posting online here the brand new installment of “20 questions for the appellate judge.” December’s interviewee is Seventh Circuit Judge Richard A. Posner. Judge Posner has already returned his answers to my questions (earning him the distinction of fastest to answer), and I can guarantee that you won’t want to miss the December 2003 installment of the “20 questions” feature. It may very well qualify as the best one yet.

Posted at 00:27 by Howard Bashman

My attempt to give federal workers a three-day holiday for Veterans’ Day was contrary to current law: As several readers promptly observed via email after reading my final pre-vacation blog post, the federal holiday known as Veterans’ Day is celebrated on whichever day of the week November 11th happens to fall unless it falls on a Saturday or Sunday, in which case according to this Web site the holiday will be celebrated on Friday if the 11th falls on Saturday or on Monday if the 11th falls on a Sunday. A chart providing access to the dates on which federal holidays have been or will be celebrated from 1997 through 2010 can be found here.

Posted at 00:25 by Howard Bashman

Even the most enjoyable of vacations must come to an end: My wife, son, and I had a wonderful time visiting Walt Disney World, where the weather this time of year is considerably more pleasant than in Philadelphia, Pa. Among the highlights were: (1) seeing Cirque du Soleil La Nouba at Downtown Disney; (2) the Mission Space ride at Epcot; and the Animal Kingdom park.

Perhaps in recognition of my take on the U.S. Supreme Court‘s ruling in the Eldred case, the Disney resort where we had booked our stay upgraded us at check-in to the concierge level, which provided not only free breakfast and other goodies throughout the day, but also included complimentary access to The New York Times and The Wall Street Journal, in addition to everyone’s favorite newspaper while living in a strange hotel, USA Today. So, while I was away, I wasn’t totally out of the loop.

It will probably take me all weekend to catch-up sufficiently on the events of note that occurred while I was away this past week, but before turning in for the night I will begin by noting a few items of interest.

Posted at 00:00 by Howard Bashman

See you soon: As I previously hinted here, my wife, son and I will be traveling to central Florida today on a greatly-anticipated vacation. Blogging will resume on Saturday, November 15, 2003.

In other news, late last night I dispatched to the December 2003 “20 questions for the appellate judge” interviewee — Seventh Circuit Judge Richard A. Posner — the questions that will form the basis for his interview. Judge Posner’s “20 questions” interview is scheduled to appear online here on Monday, December 1, 2003. The questions, in my own humble opinion, turned out wonderfully, and I included many of the questions that readers of this Web log had suggested.

Readers with access to the print edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, will find the November 2003 installment of my monthly appellate column in the Monday, November 10, 2003 issue. This month’s column presents some of the best suggestions for improving appellate briefs and oral argument that appellate judges who have previously participated in the “20 questions” interviews have offered. You will be able to access that column online via this link sometime during the week of November 17th.

Monday, November 10th is the Veterans’ Day federal holiday, and thus most federal and state appellate courts will be officially closed that day. Any readers with an inordinate amount of free time due to this blog’s brief hiatus are invited to visit the many fine resources linked on the right-hand column of this page. Plus, you can rest-up to watch live the entire 30-hour marathon U.S. Senate debate on judges referenced here. The Senate Judiciary Committee on Wednesday, November 12, 2003 is scheduled to hold a confirmation hearing for some judicial nominees (as of yet unspecified), and additional details should at some point be available at this link.

I will not have computer access while I am away and will be unable to check or respond to emails sent to this Web log’s email account until I return home. Also, it is possible that this blog’s email account will become completely full, and unable to accept new messages, while I am away. I implore anyone who does email to use plain text and to not include any attachments. My family and I are looking forward to enjoying ourselves greatly next week. I wish the same for you and yours.

Posted at 07:40 by Howard Bashman

Available online at law.com: Tony Mauro reports on “The Man Behind the Pledge Case.” Plus, you can access here a related article headlined “Newdow Says Civil Rights Groups of Little Help in Case.” In other news, “Prosecutors Win Big in Terrorism Ruling; 2nd Circuit says government can detain material witnesses for grand jury inquiries.” And an article reports that “Protest Law Gets Tough Appellate Hearing; 11th Circuit panel cites bias potential against group demonstrating at Masters Tournament.”

Posted at 07:30 by Howard Bashman

“GOP Plans Marathon Senate Session”: FOXNews.com reports here that “Weary of Senate Democrats’ continued efforts to block President Bush’s judicial nominees, Republicans have planned a 30-hour, all-night session Wednesday to force a marathon debate about Democratic stalling tactics that have left several nominations in limbo.”

Posted at 00:04 by Howard Bashman

The Associated Press is reporting: Anne Gearan reports here that “Abortion Issue Heads Back to High Court.” And in other news, “Prison Religious Rights Law Ruled Illegal.”

Posted at 19:07 by Howard Bashman

“N.H. High Court Says Gay Sex Not Adultery”: The Associated Press provides this report. And you can access today’s ruling by the Supreme Court of New Hampshire at this link.

Posted at 16:45 by Howard Bashman

“Judge Rules on Recruiting Lawsuits; Solomon cases will continue”: This article appears in today’s issue of The Harvard Crimson. The Yale Daily News reports here today that “Judge lets schools determine access.” And yesterday The Associated Press provided this report. I first reported on and linked to this ruling on Wednesday night, in a post you can access here.

Posted at 15:31 by Howard Bashman

“A matter of balance”: An op-ed by Sherrilyn A. Ifill published today in The Baltimore Sun begins, “In an electrifying hearing before the Senate Judiciary Committee last week, Maryland Sens. Barbara A. Mikulski and Paul S. Sarbanes exposed the ugly side of a long-standing and important battle over judicial nominations to the 4th U.S. Circuit Court of Appeals.”

Posted at 15:09 by Howard Bashman

“Brown nomination OK’d; filibuster likely”: This article appears today in The Washington Times. The second paragraph of the article states, “During the same Senate Judiciary Committee meeting, the Rev. Al Sharpton, a Democratic presidential candidate, issued a statement reversing his earlier position on Justice Brown, who, like Mr. Sharpton, is black.”

Posted at 13:27 by Howard Bashman

“Senate panel OKs Brown for court”: The Sacramento Bee reports here today that “President Bush’s choice of California Supreme Court Justice Janice Rogers Brown to a federal appeals court cleared the Senate Judiciary Committee Thursday on a 10-9 party-line vote, but that may be as far as her nomination goes.”

Posted at 13:20 by Howard Bashman

“Charges Reinstated Against Jordanian Student”: The Associated Press reports here that “A federal appeals court Friday reinstated charges against a Jordanian college student accused of lying about his associations with two of the Sept. 11 hijackers. The 2nd U.S. Circuit Court of Appeals reversed a lower court judge who had dismissed perjury charges against Osama Awadallah in April 2002. U.S. District Judge Shira Scheindlin had ruled that the government’s jailing of material witnesses for a grand jury investigation into the Sept. 11, 2001, terrorist attacks was unconstitutional.”

You can access today’s ruling by the U.S. Court of Appeals for the Second Circuit at this link (majority opinion) and at this link (partially concurring opinion).

Posted at 12:37 by Howard Bashman

“Judge O’Scannlain Speaks at Federalist Society Meeting”: Patrick of the “Patterico’s Pontifications” blog was there yesterday and provides this report.

Posted at 10:30 by Howard Bashman

BREAKING NEWS — Unanimous three-judge Sixth Circuit panel holds that portion of Religious Land Use and Institutionalized Persons Act applicable to prisoners violates the Establishment Clause: You can access today’s ruling at this link (HTML) and at this link (PDF). Henceforth, in the Sixth Circuit the law will no longer be known as “RLUIPA” but rather as “RLUA.” You can learn more about the law via this link.

Posted at 09:26 by Howard Bashman

“Vote on Pryor blocked again”: The Birmingham News today contains this report. The Mobile Register reports here that “Senate Republicans fail to overcome filibuster blocking Alabama attorney general’s nomination for federal judgeship.” The Atlanta Journal-Constitution reports here that “Democrats block vote on judgeship.” And The Montgomery Advertiser today reports here that “Democrats stop Pryor again.” The Advertiser also contains an editorial entitled “Pryor’s record belies allegations.”

Posted at 07:39 by Howard Bashman

“Court rejects A&M bid to throw out Bonfire suits”: The Houston Chronicle reports here today that “A federal appeals court Thursday denied Texas A&M University’s request that the full court reconsider its motion to dismiss lawsuits from victims of the school’s fatal Bonfire collapse. The New Orleans-based 5th U.S. Circuit Court of Appeals noted that not a single member of the court agreed with the request, which A&M filed after a three-member panel ruled in August that the victims’ claims need to be heard by a jury.”

Posted at 07:01 by Howard Bashman

In Friday’s newspapers: In The New York Times, Neil A. Lewis reports that “For the G.O.P., a Mixed Day on Nominees.” In other news, “Court Blocks New Statute That Limits Abortions.” An article reports that “Creditors Seek Judge’s Removal in Asbestos Case.” In news from Virginia Beach, “Rifle Is Being Used as Linchpin in Sniper Case.” In news from Texas, “Prosecutors Lay Out Case Against Scientist in Plague Case.” You can access here an article headlined “Reduced Charges for Soldier Accused of Cowardice in Iraq.” In other news, “Senators and Attorneys General Seek Investigation Into E.P.A. Rules Change.” An article reports that “U.S. Prosecutors Ask Judge to Keep Stewart Charges Intact.” And an obituary bears the headline “Roy Lucas, 61, Legal Theorist Who Helped Shape Roe Suit, Dies.”

The Washington Post reports here that “Judge Blasts Moussaoui’s Conduct; Terrorist Suspect Could Lose Right to Represent Himself.” In news from Virginia Beach, you can access here an article headlined “Expert Ties Rifle to Sniper Shootings; Gun Was Discovered In Muhammad’s Car”; here “Forensic Evidence Can Be Powerful but Soporific”; and here “An Ominous Image Takes Form; Mock-Up of Caprice Trunk Rolled Before Muhammad Jury.” And in other news, “Air Force Translator Faces Trial.”

Finally for now, The Christian Science Monitor reports here that “Bush takes quiet aim at ‘green’ laws; Methods range from easing regulations to siding with industry in lawsuits.”

Posted at 06:31 by Howard Bashman

“Judicial Nominee Approved 10-9; Democrats Expected to Filibuster Calif. Justice Brown”: Friday’s edition of The Washington Post will contain this report. And Friday’s edition of The San Francisco Chronicle will report here that “Democrats made clear Thursday they intend to block California Supreme Court Justice Janice Rogers Brown from the nation’s highest appellate court, even as she won 10-9 party-line approval of her nomination by the Senate Judiciary Committee.”

Posted at 23:55 by Howard Bashman

Elsewhere in Thursday’s newspapers: In The Los Angeles Times, David G. Savage reports here that “Nominee Is Critical of Big Government; Conservative California justice nominated for a key U.S. appeals court draws Democrats’ ire” and here that “Vacancy Rate on Federal Bench Is at a 13-Year Low; The Senate has confirmed 68 of Bush’s nominees this year. Experts say partisan complaints over four judges blur the picture.” In other news, “Bush Signs Bill to Ban a Type of Abortion; Challenges are filed, and a federal judge in Nebraska quickly issues a temporary restraining order. The procedure’s frequency is disputed.” From Virginia Beach comes news that “Key Physical Evidence Is Presented in Sniper Trial.” A news analysis reports that “Bryant Unlikely to Seek a Plea.” In other news, “Religion, Science May Turn a Page Over Textbook in Texas; Conservatives want the state to reject a biology book or require editing of parts on evolution. Some say it may open the door to creationism.” In news from Boston, “Death Debated for a Confessed Killer; U.S. attorneys push for capital punishment in Massachusetts, a state that bars executions.” In news from Seattle, “In Plea Deal, Green River Killer Admits He Murdered 48 Women.” In local news, “Religion Is at Center of Yearbook Battle; Fountain Valley High blocked seniors’ attempt to spell out Christian messages in photograph.” In other local news, “Video in Dispute in Teen Rape Case; At hearing, judge blocks spectator viewing of the alleged 2002 attack in Corona del Mar. Defense says it will challenge the tape as evidence.” An article reports that “EPA Drops Its Cases Against Dozens of Alleged Polluters; In a policy reversal, the agency halts actions on Clean Air Act violations brought by the Clinton administration against coal-fired power plants.” And in news from Mexico City, “No Time Limits on Mexico’s ‘Dirty War’ Cases, Court Says; The ruling is expected to revive Fox’s efforts to go after figures linked to leftists’ disappearances.”

In The Boston Globe, Lyle Denniston reports here that “Justices examine use of police roadblocks”; here that “N.J. court bars gay marriage”; and here that “Law bans late-term abortion procedure; US judge limits its application.” In other news, “Jury hears Sampson confess murders; ‘I’m not a sadist,’ he says in police tape.” In news from Seattle, “Defendant confesses to 48 murders; In plea agreement, Green River killer gets life in prison.” An article reports that “Former AG says he promised legal fee in tobacco suit; Testifies case was a gamble.” And an op-ed by columnist Ellen Goodman is entitled “Who controls your life or death choice?”

The Washington Times reports here that “Justice to honor appeals judge.” In other news, “Bush signs partial-birth ban.” An article reports that “Moussaoui role as ’20th hijacker’ unclear.” And in news from Virginia Beach, you can access here an article headlined “Agent says ransom note found in suspect’s laptop” and here an article headlined “Lonely vigil for a sister.”

USA Today reports here that “‘Partial-birth’ ban made law; Abortion restriction faces immediate legal challenges.” In other news, “Green River Killer gets life; Serial strangler confesses to 48 slayings.” And in related news, “Killer’s deal could spare others; Experts say it raises bar for Wash. death penalty cases.”

Posted at 22:55 by Howard Bashman

Available online from The Harvard Law Record: You can access here an article headlined “Internal Law Review report leaked; Solutions examined to correct gender disparity would yield little change, but experience of other schools offers hope.” And a related editorial is entitled “Why speak the truth?”

Posted at 22:50 by Howard Bashman

Available online at law.com: An article reports that “D.C. Circuit Nominee Moves a Step Closer to Filibuster.” Jonathan Ringel reports that “Augusta National Golf Club Dispute Sparks Federal Free-Speech Argument.” In other news, “Extension Urged for Felons’ DNA Test Requests; Florida Supreme Court hears arguments today on deadline for tests.” You can access here an article headlined “Judge Stalls Enforcement of New Ban on Abortion; Plaintiffs found likely to prove law is unconstitutional.” And from New York comes news that “Government Defends Charging Stewart With Securities Fraud.”

Posted at 22:42 by Howard Bashman

“Stage Set for Judge Brown Filibuster”: David G. Savage of The Los Angeles Times provides this report.

Posted at 22:35 by Howard Bashman

“Justice Department’s Civil Rights Unit Will Enforce Abortion Ban”: This evening’s edition of NPR‘s “All Things Considered” included a report described as follows:

The Justice Department plans to prosecute violators of the new ban on certain late-term abortions through the department’s civil rights division, rather than its criminal division. Opponents of the new law say the decision opens up new ground in the debate over medical ethics and rights issues.

You can access the audio report at this link (Real Player required).

Posted at 22:25 by Howard Bashman

“Federal appeals court Judge Hugh Bownes dies”: The Associated Press reports here that “Retired federal appeals court Judge Hugh Bownes, who issued a landmark ruling that prompted the state of New Hampshire to upgrade its dilapidated prison systems, has died. He was 83. Bownes died at Yale-New Haven Hospital in New Haven, Conn., on Wednesday, said Mark D’Antonio, a hospital spokesman.”

Posted at 22:24 by Howard Bashman

One Lancaster County, Pennsylvania judge nominated to replace another: The White House today nominated Lawrence F. Stengel to fill a forthcoming vacancy on the U.S. District Court for the Eastern District of Pennsylvania. Early last month, The Lancaster New Era reported here that “Stengel step closer to federal bench.”

Posted at 22:23 by Howard Bashman

C-SPAN has made available the video of today’s Senate Judiciary Committee executive business meeting at which D.C. Circuit nominee Janice Rogers Brown‘s nomination was approved on a party-line vote: You can view the meeting by clicking here (1 hour and 30 minutes; Real Player required).

Posted at 22:10 by Howard Bashman

The Associated Press is reporting: David Kravets reports that “Judges in N.Y., Calif. Block Abortion Law.” As predicted, the federal government is now 0-3 in trying to defend the new law‘s constitutionality. Indeed, the order issued earlier today in the U.S. District Court for the Southern District of New York suggests that the federal government’s lawyer conceded the law’s unconstitutionality. Oops!

And in other news, an article headlined “Judge Warns Moussaoui Again on Filings” reports that “A federal judge told terrorism defendant Zacarias Moussaoui on Thursday that she would end his self-representation if he files any more ‘frivolous, scandalous, disrespectful or repetitive pleadings.'” A glance at the Fourth Circuit‘s docket entries suggests that those are the type of pleadings in which Moussaoui has chosen to specialize.

Posted at 20:56 by Howard Bashman

“Supreme Court asks for more input on secret Sept. 11 case; Before deciding whether to take the case, the justices request that the Bush administration defend its secrecy.” Warren Richey will have this article in Friday’s issue of The Christian Science Monitor.

Posted at 20:44 by Howard Bashman

This evening’s Ten Commandments news: The Atlanta Journal-Constitution will report in Friday’s edition that “Moore takes Commandments battle to Barrow.” AccessNorthGa.com reports here that “Justice Moore speaks in Winder” and here that “Another county plans to display Ten Commandments.” From Alabama, The Huntsville Times reports here that “Moore supporters set rally in city; Statewide tour in advance of judge’s trial includes a Huntsville stop Monday.” And the editor of The Montgomery Independent has an essay entitled “Faith and religion is not left solely to Roy Moore.” Finally, The Associated Press reports here from Minnesota that “MCLU wants Ten Commandments Removed From Duluth City Property.”

Posted at 17:15 by Howard Bashman

“Judging Pryor: Attorney general deserves up-down vote in Senate.” This editorial appears today in The Birmingham News.

Posted at 17:06 by Howard Bashman

“Senate Panel Narrowly Backs Bush Nominee for U.S. Court”: The New York Times provides this news update. You can also find mention of the news here early in the transcript from today’s White House press briefing.

Posted at 16:50 by Howard Bashman