“No middle ground: The gay marriage issue has become an emotional tug of war nationally and locally – and both sides are pulling hard.” This article appears today in The Buffalo News.

Posted at 23:55 by Howard Bashman

“Supporters: Book should stay on shelves.” A fight over evolution is the subject of this article published today in The Helena Independent Record.

Posted at 23:52 by Howard Bashman

“‘Da Vinci Code’ leads to Nashville federal court”: This article appeared Thursday in The Tennessean.

Posted at 23:50 by Howard Bashman

From the March 8, 2004 issue of U.S. News and World Report: The new issue of the magazine will contain articles headlined “Tied in Knots by Gay Marriage; The politics of Bush’s amendment to the culture war are complex for both parties“; “A Legal Maze-And More To Come“; “The First to Face the Tribunals“; and “Getting A Free Pass: Anger over a deal to release a ‘terrorist.’“

Posted at 23:40 by Howard Bashman

Elsewhere in Sunday’s newspapers: The Boston Globe reports that “Illinois proposal would tag the cars of drunk drivers.” An article reports that “Rulings test Finneran’s authority.” In other news, “Appeals court set to hear FBI suit; US argues families brought claims late.” An article reports that “Hadley law on building goes to SJC; Measures to temper development at issue.” In news from one of the Nation’s top universities, “Stem cell center eyed at Harvard; Researchers seek to bypass US restrictions” and “Harvard to announce aid for poor students.” And columnist Eileen McNamara has an op-ed entitled “Obstruction to justice.”

The Los Angeles Times reports that “Cost of Vengeance Divides Oklahoma; Second trial for bomb plotter Terry Nichols has one town asking if the death penalty is worth the financial and emotional toll.” In other news, “Firm Sued by D.A. Funds Bid to Recall Him; Pacific Lumber gives $229,000 to campaign to oust the Humbolt County official who filed fraud case.” Jim Newton, a Los Angeles Times editor currently on leave while writing a biography of Earl Warren, has an op-ed entitled “Warren Court Opened Door to Wedding Chapel for Gays; The 1954 ruling against ‘separate but equal’ reverberates today.” Jonah Goldberg has an op-ed entitled “Raising the Volume; Candidates of both parties want to sit out the culture wars, but that’s not possible.” And Jack Miles has an op-ed entitled “What Would He Say? Jesus railed against a grave threat to marriage; No, not homosexuality — divorce.”

The Washington Times reports that “Gays’ political clout facing test.” In other news, “Nine states keep resident sex-offender lists private.” And in news from Texas, “Murderer returns to prison again.”

Posted at 23:10 by Howard Bashman

To serve you better: In the nearly two years that “How Appealing” has been in existence, I have been asked multiple times by readers why I don’t provide links, as many other blogs do, allowing readers who wish to make donations to do so. After much prodding, tonight I have added such links. Donations that are received will go first toward the purchase of a laptop computer, which will allow me to keep “How Appealing” updated while I am on the road. Once that goal is achieved, additional donations will go toward the cost of switching from Blogger to Movable Type and paying the bandwidth fees necessary to host this blog on a more reliable server. So, whether you choose to donate or not, I can assure you that all donations will go toward appropriate, blog-related causes. And for those who do choose to donate, you have my most sincere thanks in advance.

Posted at 22:00 by Howard Bashman

Justice William W. Bedsworth‘s most recent monthly column is available online: It’s titled “Getting to Sabbath,” and you can access it here. The column is quite funny as always, and Justice Bedsworth launches a valiant bid for paid administrative leave.

Posted at 21:55 by Howard Bashman

Recess appointments can be tricky: The Columbus School of Law of Catholic University states here that Fourth Circuit Judge Roger L. Gregory was “the first circuit court judge to have been the beneficiary of two presidential recess appointments — by Clinton and Bush — that came from different political parties.” That’s not true. (Thanks much to the federal appellate court law clerk who drew this to my attention. And here’s the obligatory mention of my original “It’s tricky” post from December 2002.)

Posted at 21:32 by Howard Bashman

Non-activist judges approve of opposite-sex marriage: See this wedding announcement published today in The New York Times.

Posted at 21:25 by Howard Bashman

Same-sex marriage in the news: The March 8, 2004 issue of Time magazine will contain articles headlined “For Better Or For Worse? As more gays say ‘I do,’ Bush calls for a constitutional ban; But will the issue really change any voter’s mind come November?“; “1,138 Reasons Marriage Is Cool“; and “Where Do They Stand On Gay Marriage?” The current issue of The Economist, meanwhile, contains articles headlined “Equal rights: The case for gay marriage” and “Gay marriage: New fuel for the culture wars.”

Posted at 19:10 by Howard Bashman

“Judges from beyond the fringe”: This editorial appears today in The Berkshire Eagle. Friday’s issue of The Monroe (Louisiana) News Star, meanwhile, contained an editorial entitled “President makes good call on Pryor; Move gets around Senate stall, puts good man in a vital position.”

Posted at 19:01 by Howard Bashman

“Medical marijuana and its witless enemies; Anti-drug advocates continue to ignore credible science”: Steve Chapman has this op-ed today in The Chicago Tribune.

Posted at 18:58 by Howard Bashman

Death penalty news and commentary from here and there: The New Haven Register today contains articles headlined “Death Penalty Debate: Use it or lose it; Capital cases costly, futile, attorneys say” and “‘I used to be against the death penalty, but now I believe in it.’” The Roanoke Times today reports that “Coleman’s prosecutors welcome DNA testing; Roger Keith Coleman was executed for raping and murdering his sister-in-law, but some people question his guilt.” And The Journal Gazette of Fort Wayne, Indiana contains an essay by Joe Beck entitled “Executing the mentally ill.”

Posted at 18:50 by Howard Bashman

In news and commentary pertaining to Camp Delta at Guantanamo Bay, Cuba: The Advertiser of Australia contains an article headlined “Suspect’s torture – two years of Springsteen.” And The Statesman of India contains an essay by Jeremy Seabrook entitled “A Legal Black Hole.”

Posted at 18:44 by Howard Bashman

“How should police read teen suspects their rights? The case of a 17-year-old before the Supreme Court could result in a special Miranda rule for juveniles.” Warren Richey will have this article in Monday’s issue of The Christian Science Monitor.

Posted at 17:49 by Howard Bashman

In Sunday’s newspapers: The New York Times reports that “Montana Creationism Bid Evolves Into Unusual Fight.” In other news, “Judge in Oklahoma Bomb Case Calls Hearing After Report.” An article reports that “Harvard Says Poor Parents Won’t Have to Pay.” In other news, “Through Gaps in System, Nurse Left Trail of Grief.” In local news, an article is headlined “Sex, Lies and Videotape and Murder.” In same-sex marriage-related coverage, “San Francisco Toasts Gay Weddings“; “The Gay Rights Movement, Settled Down“; “The Culture Wars, Part II“; and Frank Rich has an essay entitled “The Joy of Gay Marriage.” In celebrity justice-related coverage, “Joyously Watching Others Fail“; “Web of Friends and Business Blurs Stewart’s Glossy Image“; “In Fraud Cases, Guilt Can Be Skin Deep“; and “At the Williams Trial, a Tangled String of Contradictions.” An article is headlined “A Movie Pondered Reality. A Lawsuit Questions Its Originality.” James Traub’s essay in the Magazine section is headlined “The Pull of Family.” Lisa Schiffren has an op-ed entitled “How the Judges Forced the President’s Hand.” Nathaniel Frank has an op-ed entitled “Joining the Debate but Missing the Point.” And Joseph J. Ellis has an op-ed entitled “A New Topic for an Old Argument.”

The Washington Post reports that “New Trial of 1995 Okla. Bombing to Open; Spared Federal Execution, Terry Nichols Faces 161 State Murder Charges.” In other news, “Eight Years Later, D.C. Murder Case Still Untried.” A front page article is headlined “Just Married, After 51 Years Together; Activist Gay Couple Accepts Leading Role.” An essay by Sally Quinn is entitled “In Washington, the Empathy That Dare Not Speak Its Name.” An editorial is entitled “A Start for Tribunals.” Bernard Ries has an op-ed entitled “Caught in a Blind: You Can’t Duck This Conflict, Mr. Justice.” Eric Shumsky has an op-ed entitled “The Amendment Speaks for Itself.” And Michael Alvear has an op-ed entitled “A Fight for Hope.”

Posted at 15:10 by Howard Bashman

This is no surprise — woman recently sworn in as U.S. District Judge in Florida, but who isn’t the youngest female U.S. District Judge now serving, also isn’t the youngest of all U.S. District Judges now serving: The Associated Press has taken the erroneous information contained in this article from yesterday’s issue of The Pensacola News Journal, which I first noted here yesterday, and made recently-confirmed U.S. District Judge M. Casey Rodgers‘ claim to fame even more incorrect. The AP, in its coverage of her swearing-in (see here and here), calls Judge Rodgers the youngest U.S. District Judge now in service.

As I explained yesterday, Judge Rodgers is not the youngest female U.S. District Judge now serving. That distinction belongs to U.S. District Judge Amy J. St. Eve. But the youngest U.S. District Judge without regard to gender is David L. Bunning, whose date of birth is July 14, 1966. Those who wish to relive the controversy that surrounded his nomination can do so here, here, here, here, and here.

Posted at 12:50 by Howard Bashman

“Taking back their beach; Panama City Beach officials have had enough of raunchy students”: The Tallahassee Democrat today contains an article that begins, “Joe Francis and his Girls Gone Wild empire may go to trial later this year, accused of indecency and corruption in the pursuit of spring-break porn.”

Posted at 12:48 by Howard Bashman

“Courts compete to bag big cases; Bankruptcies fuel local economies”: Today’s edition of The Atlanta Journal-Constitution contains this report.

Posted at 12:44 by Howard Bashman

“Crooked prosecutors taint Texas justice system”: This editorial appears today in The Austin American-Statesman.

Posted at 09:55 by Howard Bashman

In today’s issue of The San Francisco Chronicle: Bob Egelko has an article headlined “Courts could make parallels with old racial laws; Deciding on legality of same-sex unions raises similar issues.” In related coverage, “Culture war being reshaped; Conservatives lower expectations” and “Newsom now a national figure; Same-sex marriage decision turns him into lightning rod.” And in news from the Scott Peterson trial, “Inside look at how jury is picked; Process includes ample time for probing questions” and “Is selecting a jury scientific? Yeah, right ….” That last article is accompanied by a photograph of one of my all-time favorite potential jurors.

Posted at 09:50 by Howard Bashman

“Lowering the bar on profiles in courage”: Steve Duin, in this op-ed published today in The Oregonian, writes of former Alabama Chief Justice Roy S. Moore’s recent visit to Oregon.

Posted at 09:45 by Howard Bashman

In today’s edition of The Houston Chronicle: Today’s newspaper contains articles headlined “High court to revisit age in executions; Debate pits scientific data against horror of crimes“; “Roe no more, but still a voice on abortion; Norma McCorvey resurfaces on other side of issue that has defined her life“; “As abortion numbers decline, most clinics located in cities“; “Pharmacist’s refusal stirs debate; Rules vary on moral choice not to provide morning-after pill“; and “Search for pill took woman to four stores.”

An editorial is entitled “Don’t amend: Leave Constitution to guarantee freedom, not bias.” Columnist Cragg Hines has an op-ed entitled “Rick, John, W and the execution circus.” And Harold M. Hyman has an essay entitled “Slave Suits: Two women, two rare victories in court.”

Posted at 09:35 by Howard Bashman

“Censorship policy fuels controversy; Experts say district’s administrators go too far in measure allowing review of publications.” This article appears today in The Indianapolis Star.

Posted at 09:33 by Howard Bashman

“Free speech’s effect on judges’ caseload at issue”: The Arizona Daily Sun today contains this report.

Posted at 09:28 by Howard Bashman

“South Dakota’s Ban on Abortion Looks to the Future; Bill, which governor is expected to sign, virtually outlaws the procedure; Backers say the idea is for a Supreme Court showdown.” This article appears today in The Los Angeles Times.

Posted at 09:24 by Howard Bashman

“Whistle-Blower Protection Law Starts Small; Fight between a tiny Virginia bank and a fired employee is the unlikely first test of bid to protect insiders who reveal financial trickery.” The Associated Press provides this report.

Posted at 09:22 by Howard Bashman

“Adult business laws a ‘hot topic’; New Albany not alone in fight against store”: This article appears today in The Courier-Journal of Louisville, Kentucky.

Posted at 09:18 by Howard Bashman

“DNA testing upsets parentage laws”: The Grand Rapids Press contains this article today.

Posted at 09:16 by Howard Bashman

“In the courts: Scores of litigants bump Walsh; Statistics on peremptory challenges show jurist leads list with 117.” This article appears today in The Las Vegas Review-Journal.

Posted at 09:13 by Howard Bashman

“Justice Douglas starts ‘new career'”: The Toledo Blade today contains this report.

Posted at 09:10 by Howard Bashman

“High court is atheist’s calling”: This article appeared Friday in The Seattle Post-Intelligencer. The UW Daily reported Friday that “‘Under God’ argued at mock trial.” And columnist Robyn E. Blumner has an essay entitled “Readin’, writin’, ‘rithmetic, loyalty oath” in today’s issue of The St. Petersburg Times.

Posted at 09:05 by Howard Bashman

“Papers of Roe-Wade Author to Be Released”: David G. Savage has this article today in The Los Angeles Times.

Posted at 09:00 by Howard Bashman

“Specter’s record inspires fear – and loathing – on the right”: This article about U.S. Senator Arlen Specter (R-PA) appears today in The Philadelphia Inquirer. Senator Specter is up for reelection this fall and is next in line to chair the Senate Judiciary Committee.

Posted at 08:35 by Howard Bashman

Elsewhere in Saturday’s newspapers: The Los Angeles Times reports that “S.F. Gets a Week to Make Case for Gay Marriage; The state Supreme Court refuses to immediately halt the city’s controversial policy; But it signals that it will decide quickly on taking up the legal issues.” An article reports that “Judge Drops Most Serious Stewart Charge; The prosecution failed to show that the defendant intended to commit securities fraud, the jurist says in ruling.” In other news, “NFL Tries to Block Clarett Ruling.” An article reports that “Accuser in Bryant Case to Testify Tuesday; Prosecutors seek to limit the range of questions that the defense will be allowed to ask the woman in closed court.” And in local news, “Judge Tosses Out $33-Million Verdict” and “Tampering Charge Delays Rape Trial of Lawman’s Son; Gregory Haidl’s defense questions the validity of a videotape purported to show the 2002 attack.”

Posted at 23:15 by Howard Bashman

Is a criminal defendant’s right to self-representation too easy to invoke? A pending cert. petition asks the U.S. Supreme Court to consider that question on the merits, the blog “Criminal Appeal” reports here.

Posted at 23:10 by Howard Bashman

Ten Commandments news: From Idaho, The AP reports that “Idaho Senate kills Commandments display.” And The Idaho Statesman contains an article headlined “Don’t put Commandments in Statehouse, senators say; Kempthorne, others back religious markers; Panel rejects plan to display various monuments.”

From Montana, The Great Falls Tribune reports that “Alabama judge brings case for commandments to Civic Center.”

Finally, from Texas, The Dallas Morning News reports that “Board debates schools’ use of kits that include Ten Commandments.”

Posted at 23:01 by Howard Bashman

“Tempe law grad with murder record applies for license to practice”: The Associated Press provides this report from Arizona.

Posted at 22:59 by Howard Bashman

In today’s edition of The San Francisco Chronicle: In today’s newspaper you will find articles headlined “Lockyer pleads to top court; State justices give S.F. until Friday to defend licenses“; “Social Security won’t take S.F. licenses; White House’s first bureaucratic obstacle to same-sex marriages“; and “DVD copiers win big in state court ruling; Encryption code said to have lost trade secret status.”

Posted at 22:35 by Howard Bashman

The Pittsburgh Post-Gazette is reporting: Today’s newspaper contains articles headlined “Justice Department subpoenas Planned Parenthood records” and “ACLU claims victory in dispute over parades; Judge’s ruling allows groups to apply for permits, pay lower fees.”

Posted at 22:32 by Howard Bashman

“S.F. to Stop Gay Weddings if Court Rules-Mayor”: Reuters provides this report.

Posted at 19:27 by Howard Bashman

“Florida stuck with Pryor”: This editorial appears today in The Palm Beach Post.

Posted at 19:25 by Howard Bashman

“New Trip Trouble for Scalia”: The Los Angeles Times today contains this editorial.

Posted at 19:22 by Howard Bashman

It ain’t so: The Pensacola News Journal today contains an article headlined “New judge in town; She’s youngest woman to sit on federal bench.” The article states that U.S. District Judge M. Casey Rodgers was born on August 13, 1964. U.S. District Judge Amy J. St. Eve of the U.S. District Court for the Northern District of Illinois wasn’t born until November 20, 1965, which would seem to undermine any claim that Judge Rodgers is now the youngest serving female U.S. District Judge.

Posted at 17:32 by Howard Bashman

In Saturday’s newspapers: The New York Times reports that “Most Serious Charge Against Stewart Is Dismissed.” You can access yesterday’s ruling at this link. In same-sex marriage-related news, “Call to Ban Gay Marriage Is Dividing Republicans“; “State Official Asks Court to Bar Licenses“; and “Gay Marriage Debate Shifts to Small New York Township.” An article reports that “F.B.I. Orders an Internal Review of Oklahoma City Bombing Files.” Adam Liptak reports that “Treasury Department Is Warning Publishers of the Perils of Criminal Editing of the Enemy.” And in local news, “Suffolk Halts Taking of Cars in D.W.I. Cases” and “Ghoul Charges Add Insult to Tragedy.”

The Washington Post reports that “Judge Throws Out Fraud Charge; Stewart Still Faces Lesser Criminal Charges, Civil Lawsuits.” An article reports that “Calif. Court Won’t Halt Gay Marriages; Mayor of New Paltz, N.Y., Weds Same-Sex Couples.” In other news, “NFL Attorneys Request A Stay for Draft Ruling.” An article reports that “Handling of Terror Case Probed; ‘Special Attorney’ Hired to Review Allegations of Misconduct.” In local news, “Law School Shooter Pleads Guilty; Former Student Avoids Death Penalty in Deal on Va. Slayings” and “Md.’s Appointed Jurists Face a Trial at the Polls.” An editorial is entitled “Lone Star Statement.” And columnist Colbert I. King has an op-ed entitled “Slow Progress, 50 Years After Brown.”

Posted at 15:15 by Howard Bashman

Yaser Esam Hamdi now has one less reason to feel excluded: Remedying the snub that I previously identified here, the law firm of Jenner & Block now offers an online brief bank for the U.S. Supreme Court case of Hamdi v. Rumsfeld.

Posted at 10:13 by Howard Bashman

“Death row inmate loses appeal claiming racism”: This article appears today in The Houston Chronicle. The Associated Press reports that “Appeals court rejects inmate’s bias claim.” And The Times-Picayune yesterday published an essay by reporter James Gill headlined “5th Circuit keeps hitting the snooze button.”

My first mention of Thursday’s ruling of the U.S. Court of Appeals for the Fifth Circuit on the merits of Thomas Joe Miller-El’s habeas petition can be accessed here, and my coverage of the U.S. Supreme Court‘s earlier decision in favor of Miller-El is available at this link.

Posted at 10:01 by Howard Bashman

“Snubbing Justice Owen?” Linda P. Campbell, editorial writer for The Fort Worth Star-Telegram, had this essay in Thursday’s issue of that newspaper. Thursday’s edition of The Birmingham News reported that “Names for AG emerge; Riley advisers, U.S. attorney among possible replacements for Pryor.” And The Oregon Daily Emerald on Thursday contained an op-ed by columnist David Jagernauth entitled “Trouble during recess.”

Posted at 09:55 by Howard Bashman

“Justice Scalia and Mr. Cheney”: This editorial appears today in The New York Times. And Charles Lane reports today in The Washington Post that “Lawyer in Two Cases Hosted Scalia Visit.”

Posted at 09:49 by Howard Bashman

“Justice Blackmun’s files to be made public”: This article appeared Wednesday in The Minneapolis Star Tribune.

Posted at 00:54 by Howard Bashman

The Post Trial and Appellate Practice Committee of the Pennsylvania Bar Association is off to a great start: I had a most enjoyable time at the two-day continuing legal education seminar sponsored by the PBA’s Post Trial and Appellate Practice Committee, which I recently joined. In addition to having fun as one of the presenters on the topic of “Incorporating Technology into Appellate Practice,” it was great to see again so many Pennsylvania state court appellate judges and attorney friends. I especially enjoyed getting to spend some time with my friend Robert L. Byer, who happens to be one of western Pennsylvania’s best appellate lawyers, and several lawyers from the suburban Philadelphia law firm of Lamb McErlane PC. As always, it was wonderful to meet for the first time many lawyers who are enthusiasts of “How Appealing.” And last night’s dinner at a local quite wonderful Italian restaurant, as one of an ad hoc group consisting of a handful of current and former Pennsylvania appellate court jurists and several lawyers, will be the source of many fond memories for quite some time to come.

Between the very positive press coverage that my new practice has received and the mention I previously made of it online here, everyone had heard that I had left big firm life to open my solo appellate boutique. Several people commended me for the guts it took to go out on my own, but that’s perhaps giving me too much credit. I was fortunate to have plenty of good work on the horizon when I opened by new practice, and even more has arrived in recent weeks. Thanks to my good relationships with lawyers who can serve as possible referral sources for appellate work, I am confident that the early very good fortune my practice has experienced in the first month of its existence will extend forward into the future. And, for what it’s worth, this month “How Appealing” has averaged on a typical weekday more visits than at any time since its inception in May 2002.

Posted at 23:20 by Howard Bashman

Available online from National Public Radio: Today’s broadcast of “All Things Considered” contained segments entitled “Judge Drops Most Serious of Stewart’s Charges“; “Porn Industry Braces to Fight Anti-Obscenity Push“; and “Commentary: Clarifying the Aging Alien Tort Claims Act.” Thursday’s broadcast, meanwhile, contained a segment entitled “Comment: The Law, Rights, and the Border.”

And today’s “Morning Edition” broadcast contained a segment entitled “DOJ Seeks Planned Parenthood Abortion Records.”

Posted at 22:45 by Howard Bashman

“Va. Man Challenges State’s Adultery Law; ACLU Contends Sex Is a Private Matter”: This article appeared in yesterday’s edition of The Washington Post. And The Richmond Times-Dispatch reported yesterday that “Attorney contests his conviction in adultery; He and ACLU claim that criminalizing infidelity violates the Constitution.” Thanks to the “SW Virginia law blog” for the pointer. (Plus, click here to access that blog’s coverage of a recent Virginia state appellate court’s nude dancing decision.) Perhaps it’s time for a new state motto?

Posted at 22:42 by Howard Bashman

Recent Sixth Circuit death penalty brouhaha is now officially “for publication”: For those who may have missed this the first time around, yesterday the U.S. Court of Appeals for the Sixth Circuit posted online the latest evidence that the court still has some work to do before truly qualifying as just one happy family.

Posted at 22:30 by Howard Bashman

Ten Commandments news: From Alabama, The Montgomery Advertiser reported yesterday that “Ousted chief justice tries to regain job.” The Birmingham News reported that “Lawyer asks court to return Moore; Says ousted chief justice seeks job, not Commandments monument, back.” And Thursday’s broadcast of NPR‘s “Morning Edition” contained a segment entitled “‘Ten Commandments’ Judge Appeals Removal.”

In news from Minnesota, The Duluth News Tribune reports that “MCLU to file suit today.” And The Associated Press reports that “Duluth sued over Ten Commandments monument.”

In news from Montana, The AP offers an article headlined “Martz: Display of Ten Commandments a matter of free speech.” And The Daily Inter Lake reports that “Commissioners find support for keeping Commandments.”

Finally, The Idaho Statesman reports that “Monument may get new home; Commandments may move to St. Michael’s.”

Posted at 22:10 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Calif. Court Won’t Stop Gay Marriages“; “FBI Orders Oklahoma City Bomb Review“; “Ex-Law Student Pleads Guilty to Slayings“; and “Justice Dept. to Look at Detroit Trial.”

Posted at 22:00 by Howard Bashman

Justice Antonin Scalia cancels his subscription to The Los Angeles Times: Today’s edition of The Los Angeles Times reports that “Scalia Took Trip Set Up by Lawyer in Two Cases; Kansas visit in 2001 came within weeks of the Supreme Court hearing arguments.” United Press International reports that “Judge took trips with lawyer in two cases.” And Gina Holland of The Associated Press has an article headlined “Justice Scalia Stirring Controversy.”

Posted at 21:51 by Howard Bashman

Forever minus a day: The concept of a prisoner’s earning good time credits that would entitle the prisoner to be released before serving his criminal sentence in full doesn’t make very much sense when the prisoner has been sentenced to life imprisonment, the U.S. Court of Appeals for the D.C. Circuit quite sensibly concluded in this unanimous three-judge panel opinion issued today. (Thanks to Juan Non-Volokh for pinch-hitting in my absence.)

Posted at 21:40 by Howard Bashman

“Kennedy eyes suit on Pryor”: Thursday’s issue of The Hill contained an article that begins, “Sen. Edward Kennedy (D-Mass.) has asked his staff to put together a case that he hopes will prove that President Bush’s recess appointment of Alabama Attorney General William Pryor to the U.S. Court of Appeals was unconstitutional.” The article contains an inaccuracy in its listing of federal appellate courts before which the lawfulness of judicial recess appointments have been challenged. See my appellate column from March 2001 for the correct information.

Posted at 21:29 by Howard Bashman

“Law Student Loses Supreme Court Case”: This article appears today in The Harvard Crimson. You can access the ruling at this link. If I may quote the words of Justice Harry A. Blackmun, “Poor Joshua!” And in other news from The Crimson, “Junior Professor Criticizes HBS Through Blog.”

Posted at 21:13 by Howard Bashman

Not the real “Jane Doe”: Seventh Circuit Judge Richard A. Posner, in this very interesting opinion issued today, calls into question whether the plaintiff in a sexual harassment case should be allowed to proceed under a pseudonym. The use of a pseudonym, however, did not prevent the plaintiff from winning her appeal on the merits.

Posted at 20:00 by Howard Bashman

The Fifth Circuit’s view of the merits of Thomas Joe Miller-El’s habeas petition hasn’t changed much in two and a half years: I’d hate to say I predicted the result of yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit when I summarized the U.S. Supreme Court‘s decision in Miller-El’s favor last Term, but see for yourself.

Posted at 19:45 by Howard Bashman

Reader mail: In reference to this opinion that the U.S. Court of Appeals for the Fifth Circuit issued yesterday, a reader emails: “I’d say that this Fifth Circuit decision has one of the highest caption-to-text ratios (16/2) that I’ve ever seen.”

Posted at 19:40 by Howard Bashman

A wonderful time was had: Just a quick note to mention what a wonderful time I had at the appellate advocacy CLE seminar that I attended yesterday and participated as an instructor at today. I’ll have more to say about the event later this evening.

Posted at 18:30 by Howard Bashman

“20 questions for the appellate judge” news: I am reliably advised that I may be on the verge of securing a “20 questions” participant from the U.S. Court of Appeals for the D.C. Circuit. If so, that would leave only the Second and Fourth Circuits in the hunt for the dubious distinction of being the final U.S. Court of Appeals to produce a “20 questions for the appellate judge” interviewee.

Posted at 18:28 by Howard Bashman

What’s the Third Circuit’s usual mode of transportation? By a vote of 6-5, the U.S. Court of Appeals for the Third Circuit earlier in the week denied a petition for rehearing en banc in a case where a divided three-judge panel had upheld a death sentence imposed in the Pennsylvania state court system. Circuit Judge Richard L. Nygaard issued a passionate dissent from the court’s failure to grant rehearing en banc. The final paragraph of the dissent appears answer the question that serves as the title of this post. On a much more serious note, you can access the three-judge panel’s divided ruling from January 2004 at this link.

Posted at 18:15 by Howard Bashman

“Peer back to turbulent time in justice’s papers; Records cover 24 years on highest court”: In today’s edition of USA Today, Joan Biskupic has this article previewing next week’s release of the personal papers of deceased U.S. Supreme Court Justice Harry A. Blackmun.

Posted at 18:10 by Howard Bashman

“Veterans urge importance of law recruitment; Brief filed against lawsuit prohibiting law school recruiting”: This article appeared in yesterday’s issue of The Daily Texan. The article reports on the amicus brief that I filed earlier in the week with the U.S. Court of Appeals for the Third Circuit.

Posted at 18:00 by Howard Bashman

“How Appealing” will next be updated on the evening of Friday, February 27, 2004: Between now and then, I’ll be on the road teaching at a continuing legal education seminar titled “Appellate Advocacy in the Pennsylvania Courts” and visiting with some fans of this blog. More details about the CLE seminar can be found here.

Posted at 23:00 by Howard Bashman

Available online at law.com: Tony Mauro reports that “Supreme Court Upholds Ban on Religious Scholarships” and that “Boy Scouts Access Issue Is Back Before Supreme Court.” Shannon P. Duffy reports that “Justices Hear Pa. Death Penalty Appeal” and that “Judge Slashes Lawyer’s Rate for Typos, Careless Writing.” And Luther T. Munford has an essay entitled “Even for the Supreme Court, Recent Litigating Counts.”

In other news, “New Jersey Court Stays Lethal Injections; Judges also require justification for ban on media televising executions.” In news from California, “Waiting at the Chapel.” And in news from Florida, “Indictment Expected Against Man Who Knew ‘Dirty Bomber.’“

Posted at 22:58 by Howard Bashman

“States Allowed to Avoid Subsidy of Divinity Study”: Linda Greenhouse will have this article in Thursday’s issue of The New York Times.

Posted at 22:25 by Howard Bashman

“Ousted Ala. Chief Justice in Court”: The Associated Press offers this coverage. And The Montgomery Advertiser this morning offered a preview headlined “Moore appeals job loss today.”

In other Ten Commandments-related news, The Atlanta Journal-Constitution today reports that “Bills would allow Commandments in courthouses.” The York Dispatch contains an article headlined “Fund drive for commandment fight; Residents vow to defray any legal costs.” And The Ledger Independent reports from Ohio that “Commandments find new home at bank.”

Posted at 19:43 by Howard Bashman

Available online from National Public Radio: Tonight’s broadcast of “All Things Considered” contained segments entitled “High Court: States to Decide Theology Funding” (featuring Nina Totenberg); “Stewart’s Attorneys Rest Case“; and “Commentary: Bush’s Same-Sex Marriage Ban.” And today’s broadcast of “Morning Edition” contained segments entitled “Supreme Court Hears Case on Looted Nazi Art” (featuring Nina Totenberg); “U.S. Plans Tribunals Against Cuba Detainees“; and “GOP Lawmakers Begin Push for Gay Marriage Ban.” Real Player is required for these audio segments.

Posted at 19:10 by Howard Bashman

“Court Shields Postal Service From Suits”: The Associated Press provides this report.

Posted at 19:07 by Howard Bashman

“Judge Pryor: Appointment gives appeals court a principled voice.” This editorial appears today in The Birmingham News. The Washington Times today contains an editorial entitled “A ‘bittersweet’ appointment.” And The Pantagraph of Bloomington-Normal, Illinois today contains an editorial entitled “Senate, president must get together on nominees.”

Posted at 19:01 by Howard Bashman

Are conservative Ninth Circuit judges are fouling-up that court’s good record of success before the U.S. Supreme Court? The following email arrived this afternoon:

Today in your recount of the SCOTUS opinions, you write: For those keeping score, after being affirmed twice yesterday, the Ninth Circuit was reversed twice today.

Given that many who keep score do so because they believe the Ninth Circuit is so out of whack to the LEFT side of the ideological equilibrium, it is certainly worth noting that both panels that were reversed today were undeniably “conservative” panels. In Davey v. Locke, the original panel was Rymer, Gould, and McKeown, with McKeown dissenting. Judge Gould is a Clinton Judge, but those who watch this court with any frequency understand that he votes, with rare exception, with the Reagan/BushI/BushII Judges. Flamingo was originally written by Judges Thompson, Tallman, and Lay (visiting). Of yesterday’s opinions, one would normally be considered a “liberal” panel (Reinhardt, Fisher, Molloy); while the other was a Kozinski opinion. In any event, I thought this information might also be relevant to those keeping score.

And another reader writes:

Since you are assisting “those keeping score” of instances where the U.S. Supreme Court has reversed decisions from the Ninth Circuit, you might also consider indicating whether the affirmations yesterday or the reversals today came in cases where the Ninth Circuit panel was dominated by left-leaning liberal judges or conservative commandos. If you take a look at this, you may find that the popular myth (liberal judges are the cause of the high reversal rate) has been dispelled, at least as far as the reversals today are concerned.

This just goes to show that if the liberals on the Ninth Circuit aren’t going to do their duty to ensure that that court has an unusually high reversal rate, then the conservatives will be forced to take matters into their own hands.

Posted at 18:55 by Howard Bashman

“State attorney general accused of drunken driving; Breath test shows her above limit after car lands in ditch”: The Milwaukee Journal Sentinel today contains this report. The Wisconsin State Journal reports that “Lautenschlager cited for drunken driving.” And you can access here a copy of the police report (PDF).

Posted at 17:48 by Howard Bashman

“City not liable for Shannon Schieber’s rape and murder, jury declares”: The Philadelphia Inquirer provides this news update.

Posted at 17:45 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Court Upholds Mich. Sex Offender Registry“; “Gay Marriage Opponents Go to Calif. Court“; “Judge: Peterson Trial Will Last 5 Months“; “Wis. Attorney General Says She Won’t Quit“; “Ashcroft Forms New Intelligence Council“; and “Philly Exonerated Over Serial Rapist Case.”

Posted at 17:40 by Howard Bashman

Some happy news from the U.S. Court of Appeals for the Fifth Circuit: While at my former law firm, I wrote the opening and reply briefs for the defendant-appellant in this appeal decided today.

Posted at 17:33 by Howard Bashman

“False Light, Camera, Action: The story Joe Eszterhas forget to share.” Michael Doyle has this jurisprudence column online at Slate.

Posted at 17:04 by Howard Bashman

In other news from The San Francisco Chronicle: Bob Egelko reports today that “Marriage ban called similar to prohibition; Legal experts say both measures are ‘exercises in moral policing.’” And an article reports that “IBM case goes to jury; Cover-up by firm was never proven, attorney argues.”

Posted at 16:59 by Howard Bashman

“Airline loses case over forcing man to sit near smokers; Bay Area doctor with asthma died”: This article appears today in The San Francisco Chronicle.

Posted at 15:37 by Howard Bashman

“National Wildlife Federation Opposes Myers Circuit Court Nomination”: The National Wildlife Federation today issued a press release that begins, “Since our founding 68 years ago, the National Wildlife Federation has never opposed a judicial nomination by any president.”

Posted at 14:15 by Howard Bashman

“Court Hears World War II-Era Art Dispute”: Gina Holland provides this report on one of the cases argued today at the U.S. Supreme Court.

Posted at 14:05 by Howard Bashman

Reuters is reporting: James Vicini reports that “Supreme Court Upholds Religion Scholarship Ban.” And in other news, “Martha Stewart Lawyers Rest Defense Case.”

Posted at 12:08 by Howard Bashman

“Disproving” religion? A reader who is currently clerking on a federal appellate court emails to note that footnote 10 of the majority opinion in Locke v. Davey contains a typo.

Posted at 12:00 by Howard Bashman

Representatives of the American Bar Association are now defending that organization’s “not qualified” rating for Magistrate Judge Roger T. Benitez, whom President Bush in May 2003 nominated to serve on the U.S. District Court for the Southern District of California: You can watch the hearing live online, right now, at this link (Real Player required). My earlier coverage of this matter, which linked to various news articles, can be accessed here.

Update: This hearing concluded at 11:50 a.m. At some later date, an archived copy of the video from the hearing may become available via this link.

Posted at 11:09 by Howard Bashman

Today’s U.S. Supreme Court decisions: The Supreme Court of the United States has issued three opinions today.

1. In Locke v. Davey, No. 02-1315, the Court has reversed the Ninth Circuit‘s judgment. Chief Justice William H. Rehnquist delivered the opinion of the Court. You can access the syllabus here, the majority opinion here, the dissent of Justice Antonin Scalia here, the dissent of Justice Clarence Thomas here, and the oral argument transcript here.

2. Justice Anthony M. Kennedy delivered the opinion for a unanimous Court in U.S. Postal Service v. Flamingo Industries (USA) Ltd., No. 02-1290, and the Ninth Circuit’s judgment under review was reversed. You can access the syllabus here, the opinion here, and the oral argument transcript here.

3. Last but not least, the Court issued a per curiam reversal in Muhammad v. Close, No. 02-9065. You can access the opinion here and the oral argument transcript here.

For those keeping score, after being affirmed twice yesterday, the Ninth Circuit was reversed twice today.

In early press coverage of today’s rulings, Anne Gearan of The Associated Press reports that “Court OKs Denial of Divinity Scholarships.”

Posted at 10:04 by Howard Bashman

“Court upholds firing of Crystal City teacher”: The St. Louis Post-Dispatch reports here today that “A former Crystal City teacher who was fired after she told her class that she opposed interracial marriage might continue to appeal her case, her attorney says.” You can access yesterday’s ruling by the Missouri Court of Appeals Eastern District at this link.

Posted at 09:55 by Howard Bashman

The U.S. District Court for the District of Columbia yesterday delivered bad news for Big Tobacco: In the federal government’s lawsuit against the tobacco industry, the court denied defendants’ motion for partial summary judgment on claims that defendants advertised, marketed, and promoted cigarettes to youth and fraudulently denied such conduct. You can access yesterday’s ruling at this link.

Posted at 09:38 by Howard Bashman

On the agenda: The Supreme Court of the United States is scheduled to issue one or more decisions in argued cases at 10 a.m. this morning. Stay tuned for details.

Posted at 09:22 by Howard Bashman

U.S. Court of Appeals for the Sixth Circuit reverses federal district court’s decision that held unconstitutional the Michigan Sex Offenders Registration Act: You can access today’s ruling from a unanimous three-judge panel at this link.

Posted at 09:19 by Howard Bashman

Washington Post editorial cartoonist Tom Toles revisits the duck hunt: Today’s editorial cartoon can be viewed here.

Posted at 09:12 by Howard Bashman

In news from South Dakota: The Aberdeen American News reports today that “Senate votes to ban abortions; Amherst senator casts deciding vote” and “Youth death penalty repealed; Governor’s signature needed for finalization.” The Rapid City Journal reports that “Senate approves anti-abortion bill.” The Argus Leader reports that “Exception added to abortion proposal” and “Youth death penalty bill headed to Rounds.” And The Star Tribune reports that “South Dakota Senate OKs ban on almost all abortions.”

Posted at 07:42 by Howard Bashman

In news pertaining to the U.S. Supreme Court: The Houston Chronicle reports that “High court ruling lifts Texan’s death sentence; Justices cite deception by prosecutors.” The Fort Worth Star-Telegram reports that “Death Row inmate’s sentence overturned.” The San Antonio Express-News reports that “Justices order Texan be taken off death row; A majority had concluded prosecutors concealed links between police and two witnesses.” David Pasztor of The Austin American-Statesman reports that “Supreme Court reverses Texan’s death penalty; Majority of justices cite deliberate deception in decision to reverse sentence.” The Chicago Tribune reports that “Nearly executed, inmate granted new hearing.” And Henry Weinstein of The Los Angeles Times reports that “Justices Void Death Sentence, Citing Prosecutor Misconduct.”

David G. Savage of The Los Angeles Times reports that “Justices Find No Age Bias in Benefits Case; Court says firms can’t be sued if they adopt plans that favor older workers over younger ones.” The Washington Post reports that “High Court Backs Benefits Based on Age; Younger Workers’ Bias Claim Rejected.” In coverage from The Washington Times, “Better benefits for older workers upheld.” The Pittsburgh Post-Gazette reports that “Better benefits for older workers legal; Supreme Court short circuits new kind of age-discrimination lawsuit.” And The Hartford Courant reports that “Discrimination Claim Denied; Older Workers Can Have Better Health Plans, Justices Rule.”

In The Washington Post, Charles Lane reports that “High Court Underscores Warrant Rules; Justices Say 4th Amendment Is Clear on Search and Seizure Requirements.”

The Morning Call of Allentown, Pa. reports that “Inmates’ lives hang on court’s decision; Wilkes-Barre case now before top U.S. jurists could affect others on state’s death row.” And in somewhat related news, that newspaper reports that “State’s capital cases stalled.”

Finally, Gina Holland of The Associated Press reports that “High Court Takes Up WWII-Era Art Dispute.” And The Birmingham News reports that “Alabama weighs in on Supreme Court case.”

Posted at 07:17 by Howard Bashman

“HLS Veterans Won’t Back Solomon Brief”: This article, in which I am quoted, appears today in The Harvard Crimson.

Posted at 07:16 by Howard Bashman

Elsewhere in Tuesday’s newspapers: In The Boston Globe, Lyle Denniston has articles headlined “Supreme Court to rule on Big Dig case; Meaning of ‘vessel’ is crucial to appeal” and “High court declines to rule on secrecy in terror case.”

The Los Angeles Times reports that “Court Deals Blow on Budget; The state could sink $650 million more into the hole after a decision on corporate taxes.” In other news, “Holocaust Survivors’ Suit to Collect Insurance Claims Sent Back to State; A federal judge agrees with plaintiffs that the case, alleging delay of settlements to victims or their families, is a Superior Court matter.” In business news, “Attorney Sums Up Case Against IBM; A lawyer for two former employees claims the firm knew chemicals used in its factory were making workers sick” and “Defense Counters With Stewart’s Business Manager, Ink Analyst; Executive confirms pact to sell ImClone stock at $60; Prosecution’s claim that the deal was cooked up is slightly dented.” And in news from California, “Stakes Raised in Fight on Gay Unions; Lockyer announces that he will ask the California Supreme Court to rule on the constitutionality of same-sex marriages“; “Same-Sex Couples Denied Marriage Licenses Sue; L.A. County violated the constitutional rights of the gay and lesbian pairs, the suit alleges“; and “Blake Given Week to Find a Lawyer; Judge warns the actor that she plans no more delays for his trial in the death of his wife.”

Finally for now, USA Today reports that “Human rights groups denied seats at tribunals; Space is limited, Pentagon says.”

Posted at 23:45 by Howard Bashman

“Pa. farmers win challenge of ‘Got Milk’ campaign”: The Associated Press provides this report. I first noted today’s ruling of the U.S. Court of Appeals for the Third Circuit in a post headlined “Got unconstitutionality?“

Posted at 23:30 by Howard Bashman

Additional coverage of today’s U.S. Supreme Court rulings: In tomorrow’s issue of The New York Times, Linda Greenhouse will have an article headlined “Leads Justices to Overturn Death Sentence in Texas.” What word is missing, I wonder. Also in tomorrow’s paper is an article headlined “Justices Say Airline Is Liable for a Fatal Reaction to Smoking.”

In tomorrow’s issue of The Washington Post, Charles Lane will have an article headlined “Justices Overturn Death Sentence; Court Criticizes Texas’s Conduct In Murder Case.” In other news relating to that decision, The AP reports that “Prosecutor vows to seek death penalty again for Banks.”

In Wednesday’s issue of The Christian Science Monitor, Warren Richey will have articles headlined “High-level rebuke to courtroom deceit; The Supreme Court overturns a ruling that said deception in a Texas murder trial didn’t matter” and “Court rejects reverse age discrimination; It says a federal law meant to protect older workers can’t be used by the young to get preferential treatment.”

Finally for now, Stephen Henderson of Knight Ridder Newspapers reports that “Rewarding older workers isn’t age discrimination, high court rules.”

Posted at 23:01 by Howard Bashman

In news from Alabama: The AP reports that “Hearing on ex-justice’s ouster to begin.” And an editorial published yesterday in The Huntsville Times is entitled “Bill Pryor moves on; His recess appointment to the federal bench leaves big shoes to fill.”

Posted at 22:59 by Howard Bashman

“High Court Hears Arguments on Pa. Killer”: The Associated Press provides this report. Update: In advance of today’s oral argument, The AP issued a preview headlined “U.S. Supreme Court hears 1982 mass murder case.”

Posted at 19:47 by Howard Bashman

“Massachusetts Supreme Court Orders All Citizens To Gay Marry”: This article will appear in tomorrow’s issue of The Onion.

Posted at 19:34 by Howard Bashman

From tonight’s broadcast of NPR‘s “All Things Considered“: Tonight’s broadcast included segments entitled “High Court Disallows Texas Death Sentence” (featuring Nina Totenberg); “Bush Favors Constitutional Ban on Gay Marriage“; “Analysis: Prohibiting Gay Marriage“; “U.S. Plans Military Tribunals for Yemeni, Sudanese“; and “The Not So Random Coin Toss.”

Posted at 19:30 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Court won’t hear Honduran lobster smuggling case from Alabama“; “Court Protects Gov’t From Privacy Suits“; and “White House counsel defends policy on enemy combatants.”

Posted at 19:24 by Howard Bashman

California death row inmate Kevin Cooper remains in the news: The Associated Press reports that “Attorney general wants to reinstate Cooper death sentence.” The Los Angeles Times reports that “State to Appeal Death Stay to U.S. High Court.” And Bob Egelko of The San Francisco Chronicle has an article headlined “Request to reinstate death sentence.”

Posted at 19:20 by Howard Bashman

“Court turns away challenge to Bush’s inaugural prayer”: Bob Egelko has this article in today’s issue of The San Francisco Chronicle.

Posted at 19:15 by Howard Bashman

Reuters is reporting: James Vicini reports that “Supreme Court Overturns Death Sentence for Texan“; “Supreme Court Rejects Reverse Age Bias Lawsuits“; “No Immunity for Invalid Search Warrant, Court Rules“; and “Ruling: Airline Can Be Liable for Asthma, Smoke Death.” And in other news, “U.S. Brings First Charges Against Guantanamo Inmates“; “Calif. Seeks Top Court Ruling on Gay Marriage Row“; “Marriage Amendment May Boost Bush But Not Pass“; and “San Francisco Mayor Condemns Bush on Gay Marriage.”

Posted at 19:00 by Howard Bashman

“Supreme Court Overturns Death Sentence in Texas Case”: Linda Greenhouse of The New York Times provides this news update. Charles Lane of The Washington Post reports that “Supreme Court Lifts Death Sentence for Texas Inmate.” And David G. Savage of The Los Angeles Times reports that “Supreme Court Rejects Reverse Bias Claim.”

Posted at 18:42 by Howard Bashman

“Law School Veterans Organizations File Brief in Support of Military’s Right to Recruit on Law School Campuses”: The UCLA School of Law Veterans Society issued this press release in connection with the amicus brief that I filed today on its behalf in the U.S. Court of Appeals for the Third Circuit.

Posted at 17:26 by Howard Bashman

The Seventh Circuit delivers bad news for so-called “critical vendors” in the Kmart bankruptcy: Circuit Judge Frank H. Easterbrook issued this very interesting decision today for a unanimous three-judge panel. This opinion issued today in typescript but in fact looks better than many of the printed opinions the Seventh Circuit has been posting online lately.

Posted at 17:23 by Howard Bashman

Judge Posner, copyright, and comic books: Seventh Circuit Judge Richard A. Posner issued a lengthy opinion last Friday (but posted online today) on behalf of a unanimous three-judge panel of that court addressing the question who owns the copyright to several characters in the comic book series Spawn. The opinion makes for quite an interesting read.

Posted at 17:01 by Howard Bashman

Three-judge U.S. District Court for the District of Massachusetts panel strikes down 2001 Redistricting Act approved by Massachusetts legislature: The opinion explains, “After careful consideration of the parties’ plenitudinous submissions, we conclude that the Redistricting Act deprives African-American voters of the rights guaranteed to them by section 2 of the VRA.” Circuit Judge Bruce M. Selya, sitting by designation, was the author of the court’s unanimous ruling. Thanks to Law Professor Rick Hasen for the pointer.

Posted at 16:41 by Howard Bashman

Judge Pryor in the house: This order that the U.S. Court of Appeals for the Eleventh Circuit issued today mentions Circuit Judge William H. Pryor, Jr.

Posted at 14:58 by Howard Bashman

Got unconstitutionality? A three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued a ruling that strikes down as unconstitutional the federal government’s “Got Milk?” advertising program. You can access today’s ruling at this link. Senior Circuit Judge Ruggero J. Aldisert wrote the opinion of the court.

Posted at 14:46 by Howard Bashman

The amicus brief that I filed today in the U.S. Court of Appeals for the Third Circuit on behalf of several law student veterans’ groups in support of the district court’s ruling refusing to enjoin the Solomon Amendment can now be accessed online: The amicus brief is available online at this link. And you can access many of the other briefs that have been filed in the litigation via this link.

Posted at 14:40 by Howard Bashman

Over the dissent of seven judges, U.S. Court of Appeals for the Ninth Circuit denies rehearing en banc in case reinstating claim that claim that Washington state’s felon disenfranchisement scheme constitutes improper race-based vote denial in violation of Section 2 of the Voting Rights Act: You can access today’s opinion dissenting from the denial of rehearing en banc at this link. Circuit Judge Alex Kozinski wrote the dissenting opinion. The original decision by a unanimous three-judge panel issued on July 25, 2003, and it can be accessed here.

Update: Election Law Professor Rick Hasen finds Judge Kozinski’s dissent persuasive for the reasons explained here.

Posted at 14:20 by Howard Bashman

“Oral arguments on Roe canceled”: This article appears today in The San Antonio Express-News.

Posted at 14:17 by Howard Bashman

“Sierra Club Moves for Scalia Recusal in Cheney Case”: The Sierra Club has issued this press release. As I previously mentioned last night, the recusal motion can be accessed here.

Posted at 14:15 by Howard Bashman

“President Calls for Constitutional Amendment Protecting Marriage”: The text of President Bush’s statement from this morning, along with audio and video links, can be accessed here.

Posted at 13:58 by Howard Bashman

“Bush to Back Gay Marriage Ban Amendment”: The Associated Press provides this report.

Posted at 10:50 by Howard Bashman

Today’s U.S. Supreme Court opinions: The Court today issued five decisions in argued cases. Click on the name of each case to access each ruling.

1. Justice Ruth Bader Ginsburg issued the opinion in Banks v. Dretke, No. 02-8286, in which the judgment under review was reversed and and the case remanded. You can access the oral argument transcript at this link.

2. Justice Clarence Thomas issued the opinion in Olympic Airways v. Husain, No. 02-1348, and the Ninth Circuit‘s decision was affirmed. You can access the oral argument transcript at this link.

3. Justice David H. Souter issued the opinion in General Dynamics Land Systems, Inc. v. Cline, No. 02-1080, and the judgment under review was reversed. You can access the oral argument transcript at this link.

4. Justice Souter also issued the opinion in Doe v. Chao, No. 02-1377, and the judgment under review was affirmed. You can access the oral argument transcript at this link.

5. Finally, Justice John Paul Stevens issued the opinion in Groh v. Ramirez, No. 02-811, and the Ninth Circit’s decision was affirmed. You can access the oral argument transcript at this link.

In early press coverage of today’s rulings, The Associated Press is reporting that “Court Lifts Death Sentence for Texas Man” and “Court Blocks Reverse Age Discrimination.” And the Ninth Circuit was affirmed twice and reversed zero times today, establishing a new record of success for the modern era.

Posted at 10:00 by Howard Bashman

On the agenda: The Supreme Court of the United States is scheduled to issue one or more opinions in argued cases at 10 a.m. today. The U.S. Court of Appeals for the Fifth Circuit is closed today for Mardi Gras. And I will be filing a possibly newsworthy amicus brief today in the U.S. Court of Appeals for the Third Circuit; stay tuned for more details later today.

Posted at 09:35 by Howard Bashman

“Controversies surround recess appointments”: This article appears today in The Hill. That publication also contains an article headlined “Miss. pick leads to protests.” Birmingham, Alabama’s NBC13 reports that “Pryor Opponents Protest At St. Joseph Baptist Church; Activists Oppose Federal Judge Appointment.” And The Post and Courier of Charleston, South Carolina contains an editorial entitled “Senate Democrats’ hypocrisy” (free registration required).

Posted at 09:30 by Howard Bashman

“Court Cancels Roe V. Wade Consideration”: The Associated Press provides this report.

Posted at 09:27 by Howard Bashman

In Tuesday’s newspapers: In The Washington Post, Charles Lane reports that “Court Denies Review of Post-9/11 Secrecy; But Justices Will Hear Two Cases on Rules for Deporting Convicted Immigrants” and “Sierra Club Wants Scalia To Sit Out Task Force Case.” In news from New York, “Business Manager Backs Stewart.” And Dana Milbank’s “White House Notebook” is headlined “For News Hounds, TGIF.”

In The New York Times, Linda Greenhouse reports that “Justices Agree to Hear Two Deportation Cases.” In other news, “Supreme Court in California to Get Case on Marriages.” Neil A. Lewis reports that “Rights Groups Won’t Get Seats at Guantanamo Base Tribunals.” An article reports that “Senate to Vote on Shielding Gun Makers.” In movie news, “Victims Say Film on Molesters Distorts Facts.” An article reports that “A Prominent Accuser in Boston Abuse Scandal Is Found Dead.” In business news, “Witness Tells of Early Talk of Plan to Sell Stewart Shares” and “The Ink Expert for the Defense Defends His Densitometer.” In local news, “Rowland’s Lawyer Asks Impeachment-Study Panel to Reveal Inquiry’s Scope” and “Trial Beginning for Ex-Firefighter in Thefts at Ground Zero Cleanup.” And an op-ed by Michael R. Bloomberg, Richard M. Daley, James K. Hahn, and Scott L. King is entitled “Lawyers, Guns and Mayors.”

Finally for now, Warren Richey of The Christian Science Monitor reports that “Supreme Court decision may limit access to terror cases.”

Posted at 07:10 by Howard Bashman

“Sierra Club Asks Scalia to Step Aside in Cheney Case; The rare recusal motion raises the issue of impartiality because of the duo’s hunting trip.” David G. Savage has this article today in The Los Angeles Times.

Posted at 07:00 by Howard Bashman

“Your papers, please”: This editorial about the case known as Hiibel v. Sixth Judicial District Court, which will be argued in the U.S. Supreme Court on March 22, 2004, appeared today in The Washington Times. Dudley Hiibel has a Web site devoted to the case, and there you will find the following introduction:

Meet Dudley Hiibel. He’s a 59 year old cowboy who owns a small ranch outside of Winnemucca, Nevada. He lives a simple life, but he’s his own man. You probably never would have heard of Dudley Hiibel if it weren’t for his belief in the U.S. Constitution.

One balmy May evening back in 2000, Dudley was standing around minding his own business when all of a sudden, a policeman pulled-up and demanded that Dudley produce his ID. Dudley, having done nothing wrong, declined. He was arrested and charged with “failure to cooperate” for refusing to show ID on demand. And it’s all on video.

On the 22nd of March 2004, the U.S. Supreme Court will decide whether Dudley and the rest of us live in a free society, or in a country where we must show “the papers” whenever a cop demands them.

You can access the Web site, and watch the actual video of Hiibel’s encounter with the police, at this link.

Posted at 23:50 by Howard Bashman

“20 questions for the appellate judge” news update: I am very pleased to report that Chief Justice Shirley S. Abrahamson of the Supreme Court of Wisconsin will be the September 2004 interviewee in this Web log’s monthly “20 questions” feature. You can access a complete list of other upcoming interviewees at this link. Why would I announce the September 2004 interviewee before the July and August 2004 interview slots have been filled? Because I remain confident that those openings will be filled soon, and appellate judges who are interested in taking part in the “20 questions for the appellate judge” feature are invited to email me in order to volunteer to participate as an interviewee.

Posted at 23:40 by Howard Bashman

U.S. Supreme Court round-up: In Tuesday’s issue of The New York Times, Linda Greenhouse will have an article headlined “Justices Agree to Hear Two Deportation Cases.” In Tuesday’s issue of The Washington Post, Charles Lane reports that “Court Denies Review of Post-9/11 Secrecy; But Justices Will Hear Two Cases on Rules for Deporting Convicted Immigrants.” Tuesday’s edition of The Seattle Times will report that “Supreme Court refuses to take primary-election case.” And law.com offers an article headlined “Still a Secret: No comment as U.S. Supreme Court refuses to hear habeas corpus case of Florida man detained for five months after Sept. 11.”

Posted at 23:30 by Howard Bashman

Access online the Sierra Club‘s motion to recuse Justice Antonin Scalia from hearing and deciding the pending case involving Vice President Cheney: FindLaw has posted the motion at this link (80-page PDF document).

Posted at 23:20 by Howard Bashman

“Bad City: What’s an attorney general to do?” Dahlia Lithwick has this essay online tonight at Slate.

Posted at 20:59 by Howard Bashman

White House nominates U.S. District Judge Ricardo H. Hinojosa to chair the U.S. Sentencing Commission: You can view today’s nomination at this link. Judge Hinojosa joined the Commission just last year. You can view a list of all the current Sentencing Commissioners at this link. And a press release announcing the resignation of the Commission’s most recent chair, Circuit Judge Diana E. Murphy of the U.S. Court of Appeals for the Eighth Circuit, can be viewed here.

Posted at 19:30 by Howard Bashman

“Group Wants Scalia to Leave Cheney Case”: Gina Holland of The Associated Press reports here that “The Sierra Club on Monday called on Supreme Court Justice Antonin Scalia to remove himself from a case involving the vice president, because of a ‘troubling’ hunting trip the two men took last month.” Judicial Watch, which along with the Sierra Club brought the suit against Vice President Cheney that gives rise to the U.S. Supreme Court case, previously announced that it would not seek Justice Scalia’s recusal.

Posted at 19:18 by Howard Bashman

“Civic Disobedience: San Francisco chooses the wrong way to flout the state.” Slate has just posted online this jurisprudence essay by Law Professor Richard Thompson Ford.

Posted at 19:10 by Howard Bashman

“Newdow loses bid to abolish prayer at presidential inaugurations”: The U.S. Court of Appeals for the Ninth Circuit has finally met a lawsuit brought by Michael A. Newdow that it doesn’t like, David Kravets of The Associated Press reports here. The Ninth Circuit’s ruling is non-precedential, which means that a later panel is free to reach the opposite result in a published opinion, and lawyers are prohibited from citing the decision back to the Ninth Circuit unless one of several narrowly-drawn exceptions applies.

It appears that today’s decision was reached by the Ninth Circuit’s screening panel, which this month consists of Circuit Judges William A. Fletcher and Richard C. Tallman and Senior Circuit Judge Ferdinand F. Fernandez. Coincidentally, Judge Fernandez served on the three-judge panel that decided the Pledge of Allegiance case and dissented from the Ninth Circuit’s ruling there.

Posted at 17:30 by Howard Bashman

“Right Turn: U.S. senators are allowing the president to trample their rights and responsibilities in Congress.” Mary Lynn F. Jones has this essay online at The American Prospect. The essay begins, “On Friday, President Bush installed Alabama Attorney General William Pryor as a judge on the 11th U.S. Circuit Court of Appeals. Only last month, he appointed Charles Pickering Sr. to a similar position.”

Posted at 16:47 by Howard Bashman

“Judge who admitted smoking marijuana won’t seek re-election”: The Associated Press provides this report from Michigan. And The Traverse City Record-Eagle reports today that “Gilbert not running again; Judge will return in March to finish term.”

Posted at 16:40 by Howard Bashman

“Killer’s bestseller: Freedom of speech or crime profits?” This article appeared in yesterday’s issue of The Reno Gazette-Journal.

Posted at 15:37 by Howard Bashman

Reuters is reporting: James Vicini reports that “U.S. top court rejects appeal in secret Sept. 11 case.” And in other news from the U.S. Supreme Court, “US court denies Medtronic appeal in J&J patent case.”

Posted at 15:23 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Potential Jurors Sworn in for Nichols Case” and “Peterson Defense Can’t Put Judge on Stand.”

Posted at 14:45 by Howard Bashman

Length of recess: Following-up on the second paragraph of this post from this morning, a reader emails to note that while the U.S. Senate’s calendar shows only a five day recess for the “Presidents’ Day” holiday, the actual duration of the recess in which the White House appointed William H. Pryor, Jr. to the U.S. Court of Appeals for the Eleventh Circuit was just over ten days. To quote further from my correspondent’s email:

Attorney General Daugherty opined in 1921 as follows, 33 Op. A.G. 20, 25:

“[N]o one, I venture to say, would for a moment contend that the Senate is not in session when an adjournment of [two days] is taken. Nor do I think an adjournment for 5 or even 10 days can be said to constitute the recess intended by the Constitution. In the very nature of things the line of demarcation can not be accurately drawn. To paraphrase the very language of the Senate Judiciary Committee Report, the essential inquiry, it seems to me, is this: Is the adjournment of such duration that the members of the Senate owe no duty of attendance? Is its chamber empty? Is the Senate absent so that it can not receive communications from the President or participate as a body in making appointments?”

According to Louis Fisher’s monograph on recess appointments [available here from the Congressional Research Service], a DOJ brief in 1993 (Memorandum of Points and Authorities in Support of Defendants’ Opposition to Plaintiffs’ Motion for Partial Summary Judgment, at 24-26, Mackie v. Clinton, Civ. Action No. 93-0032-LFO (D.D.C.)) suggested that recess appointments might be justified for recesses in excess of three days.

Only time will tell whether any legal challenges will be brought against Judge Pryor’s recess appointment on this basis.

Posted at 13:50 by Howard Bashman

The key Fifth Circuit docket entry today in the case of McCorvey v. Hill: The Fifth Circuit‘s docket in the case in which Norma McCorvey seeks to overturn her victory in 1973 in Roe v. Wade has been updated to reflect the following entry bearing today’s date:

COURT Order filed denying Concerned Law Professors’ motion to file motion to file amicus curiae brief out of time [4756804-1], denying Concerned Law Professors’ motion to file amicus curiae brief [4756804-2] denying Concerned Law Professors’s motion to participate in oral argument [4756804-3] Oral argument in this case is cancelled. [4758691-1] (EHJ) Copies to all counsel. [03-10711] (cvt)

So, oral argument in the case has been canceled on the order of Circuit Judge Edith H. Jones. Presumably the court will issue a ruling in the not too distant future on the merits of the appeal.

Posted at 13:19 by Howard Bashman

The Associated Press is reporting: Gina Holland reports that “Court to Hear Two Deportation Cases” and “Supreme Court Stays Out of Coal Dispute.” And in other news, “Marshals Faulted for Prisoner Health Care.”

Posted at 12:00 by Howard Bashman

If you think overruling Roe v. Wade would be difficult, just try scheduling the case for oral argument: I am writing to further update this post from earlier this morning.

An observant reader emailed me at just after 10 a.m. this morning to note that Circuit Judge Charles W. Pickering, Sr. was shown here on the Fifth Circuit’s Web site as one of the three judges assigned to hear oral argument in the case that represents Norma McCorvey’s belated effort to overturn her victory in 1973 in Roe v. Wade. Since then, the Fifth Circuit has substituted Circuit Judge Edward C. Prado for Judge Pickering on the oral argument panel that will be hearing cases on Monday and Tuesday of next week, and has also pulled the case of Norma McCorvey, Etc., Appellant vs. Bill Hill, Etc. from the oral argument list altogether. The plot thickens!

Posted at 11:45 by Howard Bashman

Access online today’s U.S. Supreme Court summary reversal in a criminal case: The decision is available here. The Supreme Court reversed a decision against the State of Illinois that an intermediate appellate court in Illinois had issued arising from the routine destruction of evidence in a criminal case.

Posted at 11:02 by Howard Bashman

Third time wasn’t the charm: Readers may recall that on Saturday I mentioned in this post the possibility that the White House could keep Judge William H. Pryor, Jr. on the bench past the fall of 2005, even in the absence of U.S. Senate confirmation, through the use of successive recess appointments. Ironically, the current record-holder for successive recess appointments to the federal judiciary is also from Alabama. U.S. District Judge Oscar R. Hundley received three recess appointments in a row to the U.S. District Court for the Northern District of Alabama before resigning from the federal bench in the absence of Senate confirmation. Some are concerned that recess appointees may try too hard to impress the Senate, but perhaps they have equal reason to stay in the good graces of the White House.

On a related note, a reader emails to observe that the Senate recess in which Judge Pryor was appointed appears to have been just five days long. This opinion from the Office of Legal Counsel questions whether the President may lawfully make recess appointments during such a short intrasession recess.

In another strange coincidence, it must be noted that Judge Preyer also joined the federal judiciary via a recess appointment.

Posted at 10:50 by Howard Bashman

The Associated Press is reporting: In news from the U.S. Supreme Court, Anne Gearan reports that “Court Won’t Hear 9/11 Secrecy Challenges,” while Gina Holland reports that “Court Won’t Take Primary Election Case.”

Posted at 10:45 by Howard Bashman

And you probably thought I was joking: The U.S. Court of Appeals for the Fifth Circuit has revealed the identities of the three judges who will hear oral argument next week in a case that seeks to overturn the result of Roe v. Wade. The three judges who are assigned to hear and decide the appeal are Circuit Judges Edith H. Jones, Jacques L. Wiener, Jr., and Charles W. Pickering, Sr. Guess my earlier musings weren’t too far off the mark after all.

You can learn more about the case here from The Associated Press, here from law.com, here from The Houston Chronicle, and here from The San Antonio Express-News.

Update: Since the time of my post, the Fifth Circuit’s oral argument listing has been changed to substitute Circuit Judge Edward C. Prado for Judge Pickering on Monday’s and Tuesday’s cases. So, I guess this post didn’t prove accurate for long or else the Fifth Circuit’s oral argument listing as available online earlier this morning originally contained an error.

Posted at 10:32 by Howard Bashman

Today’s U.S. Supreme Court order list: You can access online at this link today’s Order List. The Court granted review in three cases and called for the views of the Solicitor General in one case. On the question of lobsters, cert. was denied.

Posted at 10:01 by Howard Bashman

“Let the Sunshine In: Mary Frances Berry wants to keep preference practices in the dark.” Roger Clegg has this essay today at National Review Online.

Posted at 09:30 by Howard Bashman

“Man, 14 when he fathered boy, must pay support; Court: Welfare of their child, not older woman’s behavior, the issue.” Saturday’s issue of The Macomb (Mich.) Daily contained an article that begins, “A man who claims he was seduced and exploited in his early teens by an older, married woman must pay child support to the state for the illegitimate son he gave her, the Michigan Court of Appeals decided in a precedent-setting Macomb County case this week.” You can access last Thursday’s ruling of the Michigan Court of Appeals at this link.

Posted at 08:48 by Howard Bashman

On the agenda: The U.S. Supreme Court retakes the bench this morning, and at 10 a.m. the Court is scheduled to issue an Order List.

The Chicago Tribune today contains an article headlined “A woman’s fight for her family’s art: It’s up to the Supreme Court whether a Nazi refugee can sue to retrieve $150 million in paintings now owned by an Austrian museum.” Relatedly, USA Today reports that “Trail of Nazi plunder leads to high court.” And in other news from the Supreme Court, USA Today reports that “Environmental cases hinge on limits of authority.”

Posted at 07:26 by Howard Bashman

The St. Louis Post-Dispatch is reporting: That newspaper offers articles headlined “Brown wasn’t alone in fight v. Board” and “Lawyer, deputy sheriff serve O.J. Simpson with court order to get money in lawsuit.”

Posted at 07:22 by Howard Bashman

“Forget Nader. Draft Moore. How Democrats can win back the White House.” Timothy Noah has this essay online at Slate today.

Posted at 07:19 by Howard Bashman

“Litigants take the law into their own hands; Self-representation often long, lonely trek”: This article appears today in The Arizona Republic.

Posted at 07:18 by Howard Bashman

“Ex-GOP Lawyer Wants Judiciary Probe Focused on Democrat ‘Corruption'”: CNS News today provides this report. And you can also access the text of “Manuel Miranda’s Letter of Departure.”

Posted at 07:16 by Howard Bashman

“Military brig at Norfolk Naval Station is no ordinary jail”: This article appears today in The Virginian-Pilot.

Posted at 07:05 by Howard Bashman

In Monday’s newspapers: The New York Times reports that “Congressional Redistricting Battle Could Lead to New Rules.” In business news, “Trial Against I.B.M. Nears a Finish” and “Adelphia Is Next in Parade of Fraud Trials.” And in news from California, “Schwarzenegger Backs Amendment to Allow Immigrant Presidents” and “For a Day, Same-Sex Pairs Get a Warm Reception.”

The Washington Post reports that “Special Counsel Under Scrutiny; Senators Concerned He Removed Agency’s References to Sexual Orientation Bias.” In business news, “Trial Against Adelphia Executives to Open; Father, 2 Sons Face Criminal Charges in Wide-Ranging Fraud Investigation.” Editorials are entitled “Progress on Detainees” and “When Plan A Fails.” And columnist William Raspberry has an op-ed entitled “Reasons for Marriage.”

Finally for now, in The Christian Science Monitor Juliette Kayyem has an essay entitled “Military justice system a self-inflicted casualty in terror war.”

Posted at 06:50 by Howard Bashman

“Pryor temporarily appointed to U.S. Court of Appeals”: This article appears today in The Crimson White.

Posted at 06:40 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Nazi-Looted Art Case Heads to High Court“; “Abortion Battle Shifts to Bill for Unborn“; and “Nichols Set to Face Trial in Okla. Blast.”

Posted at 00:20 by Howard Bashman

In Sunday’s newspapers: The Boston Globe reports that “Majority in Mass. poll oppose gay marriage; Survey also finds civil union support.”

The Los Angeles Times reports that “S.F. Wedding Planners Are Pursuing a Legal Strategy.” And Law Professor David Cole has an op-ed entitled “Guantanamo Bay Continues as a Blot of Shame on the U.S.; Abusive policies have eased slightly but not enough to end world censure.”

Posted at 23:53 by Howard Bashman

Available online at law.com: In news from California, “Microsoft Says Class Fee Request Doesn’t Compute.” An article is headlined “Reawakening ‘Roe v. Wade’: 5th Circuit to hear one-sided argument in appeal seeking to overturn landmark abortion decision.” Legal Times contains an article headlined “The S&L Payouts That Never Came: Eight years after high court said Uncle Sam was on the hook over thrift crisis, few plaintiffs have seen even a penny.” And Shannon P. Duffy has an article headlined “Ten Men Out: 3rd Circuit upholds rehiring of nine umpires, approves denial of reinstatement to others.”

Posted at 23:45 by Howard Bashman

“Bush Appoints Bill Pryor to 11th U.S. Circuit Court of Appeals Using Vague Procedure”: Adult Video News today has this report (not work safe due to accompanying borderline pornographic advertisements).

And while I’m on the subject, The Independent (UK) today contains an article headlined “Larry Flynt: The trouble with Larry; For freedom of speech die-hards he’s the ‘Martin Luther King of pornography’, for others he’s a smut-peddling scumbag; Well, now you can make up your own minds, because Larry Flynt, self-confessed chicken rapist, is bringing his Hustler sex shops to Britain.”

Posted at 23:32 by Howard Bashman

And in other news from South Dakota: The Aberdeen American News reports here today that “The march in the South Dakota Legislature toward a confrontation with the U.S. Supreme Court over legalized abortion ended Saturday, at least temporarily, when a state Senate committee voted 5-4 to totally rewrite the bill and removed from it the specific language outlawing abortions.”

Posted at 23:28 by Howard Bashman

“State still hasn’t resolved confusion over recounts”: This editorial appears today in The Palm Beach Post.

Posted at 23:24 by Howard Bashman

Duck-gate cartoon: Thanks to Law Professor Tom Mayo for drawing this duck-gate cartoon to my attention via his “HealthLawBlog.” As Tom explains, “this one really nails the issue in ways the others have missed.”

Posted at 23:20 by Howard Bashman

Almost famous: Thanks much to the reader who drew to my attention earlier today that the law firm of Irell & Manella LLP cites to “How Appealing” in its comments opposing proposed Federal Rule of Appellate Procedure 32.1. It almost makes me wish that I had submitted my own official comments, except that anyone who cares is undoubtedly already very much aware that I am among the proposed rule’s staunchest supporters.

Posted at 23:18 by Howard Bashman

“Gavels fade from use in courtroom; Area courthouses often do without”: This article appears today in The Aberdeen American News. Thanks to the “SW Virginia law blog” for traveling far outside of its professed geographical jurisdiction for the pointer.

Posted at 23:10 by Howard Bashman

On newsstands soon: The March 1, 2004 issue of Time magazine will contain an article headlined “I Do … No, You Don’t! Why San Francisco’s brash mayor is taking on Schwarzenegger and Bush over gay marriage.” And the March 1, 2004 issue of Newsweek will contain an article headlined “Outlaw Vows: A brash young mayor issues marriage licenses to same-sex couples and opens a new front in America’s culture wars.”

Posted at 14:32 by Howard Bashman

“Bush nominee to S.D. bench gets ABA rating of not qualified”: The San Diego Union-Tribune recently published this report about Magistrate Judge Roger T. Benitez, whom President Bush in May 2003 nominated to serve on the U.S. District Court for the Southern District of California. At the time of the nomination, The Union-Tribune reported that “Bush picks five as S.D. federal judge nominees.” Since then, of course, Magistrate Judge Benitez received his largely negative rating from the American Bar Association. Information about Magistrate Judge Benitez’s background can be accessed here.

No doubt as a result of that rating, Magistrate Judge Benitez will be the sole nominee considered at the Senate Judiciary Committee‘s confirmation hearing scheduled for this upcoming Wednesday, February 25, 2004. The third panel at the hearing will consist of representatives from the ABA who no doubt will be asked to explain the basis for the unfavorable rating.

In other coverage of this matter, The Imperial Valley Press reported that “ABA says Benitez ‘not qualified.’” And The Associated Press reported that “Lawyers’ group says nominee unqualified for bench in San Diego.”

Posted at 10:20 by Howard Bashman

“Alabama split over Pryor’s appointment”: This article appears today in The Atlanta Journal-Constitution. And The Times Daily contains an op-ed by Mike Goens entitled “Alabama will miss Bill Pryor.”

Posted at 08:15 by Howard Bashman

“Pledge hearing gets a dry run; Plaintiff Newdow argues well in moot court, but will he win in Washington?” Claire Cooper, legal affairs writer for The Sacramento Bee, had this article in Friday’s issue of that newspaper.

Posted at 08:11 by Howard Bashman

In Saturday’s newspapers: The Washington Post reports that “Muhammad’s Bid for New Trial Rejected; Prince William Judge Denies Series of Motions, Changes Date for Sniper’s Sentencing.” In other coverage of this news, The Washington Times reports that “Muhammad request for new trial rejected.” The Richmond Times-Dispatch reports that “No new trial as Muhammad sentence nears.” The Virginian-Pilot reports that “Judge denies motions to drop Muhammad?s murder convictions.” And The Baltimore Sun reports that “Va. judge refuses to void Muhammad conviction; Sniper verdict based on evidence, he says.”

In other news, The Washington Post reports that “Ex-Death Row Inmate Seeks Evidence Release; Attorneys Say Documents in Va. Case Could Prevent Similar Errors.”

The Los Angeles Times reports that “Schwarzenegger Seeks Halt to Gay Marriages; The governor directs the state attorney general to immediately pursue a judicial resolution of the issue; A second S.F. judge refuses to stop the unions.” In other news, “Judge Bans Copying Software for DVDs; 321 Studios is prohibited from making the products that bypass disc encryption.” And finally, letters to the editor appear under the heading “Perceptions Matter — Scalia Should Withdraw.”

Posted at 23:35 by Howard Bashman

The San Francisco Chronicle is reporting: Sunday’s issue will contain an article headlined “Lockyer rejects halt to nuptials; He dismisses governor’s demand as a political ploy.” In today’s newspaper, Bob Egelko has an article headlined “Lesbian ex-couple fight for custody; Egg donor contends genes, nurture trump waiver of rights.” And in Friday’s newspaper, Egelko had an article headlined “Legal fee award in slander case rejected,” which reports on this decision that the Supreme Court of California issued Thursday.

Posted at 23:23 by Howard Bashman

“Criminal Appeal: Post-conviction practice in the Ninth Circuit and the California state courts.” Longtime “How Appealing” reader Jonathan Soglin recently started his own blog, which is a must read for those interested in criminal law-related rulings from the Ninth Circuit and the California state appellate courts. Some may recall that back in December 2002, Jonathan was the first to email me with the correct answer to the trivia question, “For which Ninth Circuit judge did Dahlia Lithwick serve as a judicial law clerk?”

Posted at 23:10 by Howard Bashman

Death penalty news from here and there: Today’s edition of The Philadelphia Inquirer contains an article headlined “N.J. court suspends executions; At issue: Whether effects of a lethal injection can be reversed; The ruling is considered a landmark.” And The Newark Star-Ledger reports that “Appeals court stays state executions; ‘Arbitrary’ procedures on secrecy and medical reversal cited.” You can access yesterday’s ruling by the Superior Court of New Jersey, Appellate Division, at this link.

Elsewhere, The Baltimore Sun today contains an article headlined “Unwavering about death penalty; Father: Court ruling aside, Chuck Poehlman wants his daughter’s killer to be executed.” My earlier mention of the decision by Maryland’s highest court that gives rise to this article can be accessed here.

Posted at 22:55 by Howard Bashman

The Houston Chronicle is reporting: “How Appealing” reader Mary Flood has an article headlined “Skilling colleague passed by on chain gang.” And in other news, “UT task force to study rules on computer porn at work.”

Posted at 22:52 by Howard Bashman

“Portland bows in courthouse fight to feds; The U.S. government, owner of the historic downtown building, cites law to stop a new challenge”: This article appears today in The Oregonian. Thanks to Law Professor Jack Bogdanski for the pointer.

Posted at 22:44 by Howard Bashman

Ain’t That Peculiar: It’s been awhile since I’ve recommended a movie here, but tonight I just finished watching the brilliant film “American Splendor” on DVD, and I’m pleased to report that it deserves all the accolades it has earned from Elvis Mitchell, Roger Ebert, and the movie reviewer for The Atlanta Journal-Constitution.

Posted at 22:23 by Howard Bashman

“Supreme Court to hear detainee case; To decide if suspect in ‘dirty bomb’ can be held indefinitely”: Lyle Denniston has this article today in The Boston Globe. Neil A. Lewis reports in The New York Times that “Supreme Court Will Hear 3rd Detainee Case.” Charles Lane reports in The Washington Post that “Court Accepts Case of ‘Dirty Bomb’ Suspect; Decisions by Justices This Spring Are Expected to Clarify Scope of President’s Powers in Wartime.” Stephen Henderson and Shannon McCaffrey of Knight Ridder Newspapers report that “Supreme Court to hear case of ‘dirty bomb’ suspect.” The Los Angeles Times reports that “Supreme Court to Decide Padilla Case; It will rule on whether the U.S. citizen arrested in Chicago can be held as an ‘enemy combatant.’” The Chicago Tribune reports that “Court takes Padilla case; Justices to rule on national security vs. constitutional rights.” The Washington Times reports that “Justices take case on jailed ‘enemy.’” And Tony Mauro of law.com has an article headlined “High Court at Crossroads.”

In other coverage, The Seattle Post-Intelligencer reports that “High court to rule on 2nd detention; U.S. citizen, a terrorism suspect, has been held without charges.” And The Australian reports that “Court to rule on detention.”

In related news, The South Florida Sun-Sentinel reports today that “Man in terror case denied bail.” And tomorrow’s issue of The New York Times Book Review contains a review headlined “Civil Liberties and the War on Terrorism.”

Posted at 15:30 by Howard Bashman

Will the U.S. Senate eventually confirm William H. Pryor, Jr. to a lifetime position on the U.S. Court of Appeals for the Eleventh Circuit, and what about the possibility of a second recess appointment to the Eleventh Circuit after the first expires? “Feddie” of “Southern Appeal” provides his views this morning as to “Why Pryor will eventually be confirmed by the Senate.” I will follow with interest the debate that’s sure to follow in the comments to that post.

Let me begin with my usual disclaimer that I disfavor the use of procedural mechanisms to prevent the confirmation of judicial nominees who are objectively qualified and who would be confirmed by a majority of U.S. Senators if a vote on the merits were to occur. That having been said, Judge Pryor faces quite an uphill battle to achieve confirmation. Obviously, confirmation is not in the cards until after the upcoming elections for the Presidency and for one-third of the U.S. Senate. The U.S. Senate previously conducted two votes to overcome the filibuster of Pryor’s nomination, and the most votes in favor of an override that Pryor’s supporters were able to muster were 53. You can see the vote tallies here (53 “for” on July 31, 2003) and here (51 “for” on November 6, 2003). Because 60 votes “for” are necessary to override a filibuster, the Republicans would need to pick up seven more votes “for” in the upcoming election. I don’t think that even the most optimistic supporters of the Republican party view that scenario as likely. And on the subject of having Democrats who previously voted against breaking the filibuster change their minds, I guess anything is possible, but I don’t believe that any such change of mind has yet happened with respect to any of the various filibusterees, and, as this morning’s Washington Post editorial notes, to partisan Democrats Pryor’s nomination was and remains the most provocative of all of President Bush’s federal appellate court nominations.

Thus, perhaps the more relevant question to ask is whether President Bush could give Judge Pryor a second recess appointment once the first expires toward the end of 2005. I don’t know the answer to that question, but the chart of recess appointments that accompanies this Federalist Society paper suggests that at least three federal district judges — William J. Tilson of the U.S. District Court for the Middle District of Georgia; Milton D. Purdy of the U.S. District Court for the District of Minnesota; and Oscar R. Hundley of the U.S. District Court for the Northern District of Alabama — received back-to-back recess appointments before leaving the federal judiciary. Presumably President Bush could keep Judge Pryor on the bench for up to six years through successive recess appointments assuming the President’s reelection this fall.

Posted at 11:55 by Howard Bashman

This morning’s press coverage of President Bush’s recess appointment yesterday of William H. Pryor, Jr. to the U.S. Court of Appeals for the Eleventh Circuit: In The New York Times, Neil A. Lewis reports that “Bypassing Senate for 2nd Time, Bush Seats Judge.” And an editorial is entitled “Judicial Activism.”

The Washington Post reports that “Bush Again Bypasses Senate to Seat Judge.” And a must-read editorial is entitled “More Provocation.”

The Los Angeles Times reports that “Bush, Frustrated by Democrats, Again Bypasses Senate on Judge.” The Washington Times reports that “Bush again installs a judge at recess.” And The Atlanta Journal-Constitution reports that “Bush places Pryor on court; Recess appointment avoids filibuster, bypasses Senate.”

In coverage from Alabama, The Montgomery Advertiser contains articles headlined “Pryor sidesteps Democrats“; “Republicans praise choice“; and “Allen named acting attorney general.” And an editorial is entitled “Pryor will strengthen court.”

The Mobile Register contains articles headlined “Bush names Pryor; President bypasses Senate to appoint Alabama’s AG“; “Many possible Pryor successors“; and “Pryor Timeline.” And an editorial is entitled “Almost three cheers for Pryor’s judgeship.”

Finally for now, The Birmingham News reports that “Pryor sworn in as judge; Bush appoints attorney general to 11th Circuit while Congress is away.”

My views on yesterday’s developments can be gleaned from two columns that I wrote long before President Bush nominated Judge Pryor: “Activist U.S. Court of Appeals Judges: Myth or Reality?” and “Questioning the Constitutionality of Recess Appointments to the Federal Judiciary.”

Posted at 10:00 by Howard Bashman

In Friday’s newspapers: The Washington Post reports that “U.S. Agrees to Free 5 Britons, Dane From Guantanamo Jail.” In local news, “Capital Sentence Reversed, New Hearing Ordered in Md.; Death Row Numbers Continue to Decline“; “Appeals Court Declines to Free Lentz; Jailing to Continue Even Though Conviction Was Thrown Out“; and “Muhammad’s Lawyers Cite Letters by Malvo.” In same-sex marriage-related news, “More Cities Supportive of Gay Marriage; Officials Say They Would Grant Licenses if They Could, but Others Urge Caution” and “For Gay Md. Couple, It’s ‘Finally Happening.’” An editorial is entitled “More Texas Rules.” And letters to the editor appear under the heading “A Constitutionally Unsound Approach.”

The New York Times reports that “San Francisco Sues State Over Same-Sex Weddings.” In other news, “Final Word Still to Come on Interest Group Money.” An article reports that “Friend Says Stewart Talked of Tip From Broker.” In other celebrity justice-related news, “Judge Rejects Some Testimony of Coroner in Ex-Net’s Trial.” And an article reports that “Women Tailor Sex Industry to Their Eyes.”

The Los Angeles Times reports that “S.F. Sues State Over Bans on Gay Marriage.” In related news, “State Senator Fumes Over Same-Sex Marriages” and “Boxer Walks a Tightrope.” An article is headlined “Leading Skilling’s Defense: a Lawyer of ‘Enormous Talent’; ‘Jeff Skilling has nothing to hide’ in Enron’s collapse, says Daniel Petrocelli, famed for winning the Simpson civil case.” In local news, “Corcoran Inmate Starves to Death; Staff didn’t notice that the prisoner, an elderly priest with a history of engaging in hunger strikes, was wasting away, officials say“; “Judge Accused of Misconduct by State Panel; The South Gate jurist, who allegedly invited a rape victim to dinner and made sexual comments to staff, vows to fight the charges“; and “Judge Cuts Internet Ad Firm’s Award; Three Yorba Linda brothers should get $1.4 million from a Seattle-based customer rather than the jury-approved $6.55 million, Santa Ana jurist rules.” And in news from New York, “Stewart Friend Testifies; Damaging testimony conflicts with the media titan’s assertions about her ImClone stock sale.”

The Washington Times reports that “San Francisco sues state over gay ‘marriage.’” In other news, “FBI disciplined 77 agents over 14-year period.” An editorial is entitled “Metro on track.” And Linda Chavez has an op-ed entitled “With this hubris….”

USA Today reports that “San Francisco sues state over same-sex marriages.” An editorial is entitled “Medical privacy falls victim to fierce abortion fight.” And an op-ed in response by U.S. Representative Melissa Hart (R-Pa.) is entitled “Privacy will be protected.”

Posted at 23:52 by Howard Bashman

“Penn. Court Reinstates Asbestos Lawsuits”: The Associated Press reports here that “The state Supreme Court on Friday reinstated 376 asbestos lawsuits against Crown Cork & Seal Co. Inc., declaring unconstitutional a 2001 state law designed to protect the Philadelphia-based manufacturer.” You can access today’s ruling by the Supreme Court of Pennsylvania at the following links: majority opinion; dissenting opinion; and additional dissenting opinion. Pennsylvania’s highest court appears to have taken the somewhat unusual step of resubmitting the case on the briefs in late December 2003 after the newest member of the court took his oath of office, allowing him to cast the decisive vote in a case that was orally argued back in October 2002.

Posted at 23:45 by Howard Bashman

“Scholars, activists call for justice; Radcliffe, HMS activists Harbury, Farmer discuss human rights abuses in Guatemala and Haiti”: This article appears in the current issue of the Harvard Gazette.

Posted at 23:22 by Howard Bashman

“Court ruling may limit mass litigation”: The Clarion-Ledger reports here today that “The state Supreme Court on Thursday ruled that dozens of people suing a drug maker were improperly joined in their case. The decision could have a major impact on civil justice in Mississippi, legal observers say.” You can access yesterday’s ruling by the Supreme Court of Mississippi at this link.

Posted at 23:11 by Howard Bashman

“Court Accepts Case of ‘Dirty Bomb’ Suspect; Decisions by Justices This Spring Are Expected to Clarify Scope of President’s Powers in Wartime”: Charles Lane will have this article in Saturday’s issue of The Washington Post. In Saturday’s issue of The New York Times, Neil A. Lewis will have an article headlined “Supreme Court Will Hear 3rd Detainee Case.” The Los Angeles Times reports that “Justices to Review Case Against Padilla.” And online at law.com, Tony Mauro has an article headlined “High Court at Crossroads.”

Posted at 22:25 by Howard Bashman

“Bypassing Senate for Second Time, Bush Seats Judge”: Neil A. Lewis will have this article in Saturday’s issue of The New York Times. And a front page article in Saturday’s issue of The Washington Post is headlined “Bush Again Bypasses Senate to Seat Judge.”

Posted at 22:20 by Howard Bashman

“Judge Denies Immediate Stay of Gay Unions”: The Associated Press has this report from California.

Posted at 21:00 by Howard Bashman

“Bush Installs Judge, Bypasses Senate”: The Los Angeles Times provides this news update.

Posted at 20:58 by Howard Bashman

“Supreme Court to Hear ‘Dirty Bomber’ Case”: Charles Lane has this news update online at The Washington Post.

Posted at 19:05 by Howard Bashman

“Bush Appoints Pryor to Appeals Court; President Bypasses Senate Democrats Who Have Stalled His Nominations”: The Washington Post provides this news update. Knight Ridder Newspapers report here that “Bush bypasses Senate to install judge.” And NPR‘s “All Things Considered” this evening included a segment entitled “Bush Names Pryor to Bench, Dodging Democrats.”

Posted at 18:50 by Howard Bashman

“Bush Installs Judge, Bypassing Senate”: Here’s an updated report from The Associated Press. And Reuters reports that “Bush Puts Conservative on Court, Bypasses Congress.”

Posted at 17:55 by Howard Bashman

Senator Patrick J. Leahy (D-VT), ranking Democratic member of the Senate Judiciary Committee, isn’t happy about today’s judicial recess appointment: Senator Leahy’s statement can be accessed here.

Posted at 17:19 by Howard Bashman

“IBM vows to appeal after key pension ruling”: Reuters provides this report.

Posted at 17:15 by Howard Bashman

Welcome to the “Wallace McCamant club,” Judge Pryor: See my posts from January 19th and 20th, 2004 (here and here) for all the details.

Posted at 17:00 by Howard Bashman

When it comes to judicial recess appointments, The Sierra Times was prescient: See my post from January 26, 2004 entitled “Know your filibusterees.”

Posted at 16:45 by Howard Bashman

Access online President Bush’s statement on the recess appointment of William H. Pryor, Jr. to the U.S. Court of Appeals for the Eleventh Circuit: The President’s statement can be accessed here. And you can also access online the “Statement of Former Attorney General Bill Pryor.” (Final link via “Southern Appeal.”)

Posted at 16:34 by Howard Bashman

“Committee” applauds, “Alliance” jeers, PFAW says pshaw: The Committee for Justice has issued a press release entitled “CFJ Applauds White House for Pryor Recess Appointment.” The Alliance for Justice, meanwhile, has issued a press release entitled “Alliance for Justice Incensed Over President Bush’s Recess Appointment of William Pryor to the Eleventh Circuit.” And People For the American Way has issued a press release entitled “White House Puts Politics First, Constitution Last With Appalling Recess Appointment Of Bill Pryor.”

Posted at 15:46 by Howard Bashman

“Sen. Orrin Hatch: If this conservative senator isn’t safe from conservative attacks, is anyone?” Michael Crowley has this essay online today at Slate.

Posted at 15:30 by Howard Bashman

BREAKING NEWS — The AP reports that the White House will use recess appointment to put Bill Pryor onto the Eleventh Circuit: The Associated Press within the past ten minutes has issued a report that begins, “Bypassing Senate Democrats who have stalled his judicial nominations, President Bush will use a recess appointment to put Alabama Attorney General Bill Pryor on the 11th U.S. Circuit Court of Appeals at least temporarily, government sources said Friday.” Thanks to “Southern Appeal” for the pointer.

Posted at 14:34 by Howard Bashman

“Ohio State minority applicants down in wake of court race ruling”: The Associated Press provides this report.

Posted at 14:30 by Howard Bashman

“Arbour leaving Supreme Court for UN post”: The Canadian Press reports here that “Justice Louise Arbour is leaving the Supreme Court of Canada to become the United Nations human-rights commissioner, touching off what is expected to be an intense contest to take her place at the court.” And CBC News reports that “Arbour to take UN human rights post.”

Posted at 14:23 by Howard Bashman

“Judges stand by remap date; New districts must be drawn by March 1”: The Atlanta Journal-Constitution offers this report. You can access the ruling by a three-judge panel of the U.S. District Court for the Northern District of Georgia at this link.

Posted at 14:00 by Howard Bashman

“Former GOP Staff Attorney Says ‘Profit Motive’ Drives Judiciary Battles”: CNS News today provides this report. Thanks to a reader for the pointer.

Posted at 13:10 by Howard Bashman

In news pertaining to the U.S. Supreme Court: Gina Holland of The Associated Press reports here that the Court today agreed to review on the merits the Second Circuit‘s recent decision in favor of alleged dirty bomber Jose Padilla. You can access the briefs that have been filed so far in that matter at this link. Update: The order granting review can be accessed here.

And in other news, The AP reports that “Mass Murderer Gets Day in Supreme Court.”

Posted at 12:57 by Howard Bashman

“Government Pushes Solomon Amendment; Government action comes after HLS faculty petition”: This article appears today in The Harvard Crimson. And yesterday’s issue of The Daily Northwestern contained an editorial entitled “Law School right to keep recruiters.”

Posted at 12:41 by Howard Bashman

Bush frees Rasul before Rasul faces Bush in U.S. Supreme Court: Shafiq Rasul, the lead petitioner in the pending U.S. Supreme Court case of Rasul v. Bush, is about to be released to Great Britain from U.S. military custody at Guantanamo Bay, Cuba.

The Boston Globe today reports that “US to free 6 detainees; 2 brought legal case.” The Miami Herald offers an article headlined “Guantanamo Britons to be returned home; Five Britons jailed at Guantanamo Bay will be returned home in several weeks; Discussions are continuing on the fate of four other British citizens.” The Los Angeles Times reports that “5 Britons Held at Guantanamo to Be Released; They will be returned to their country; The move helps the U.S. smooth ties with a key ally.” The Times of London reports that “Guantanamo Brits to face police investigation.” The Associated Press reports that “Britons at Guantanamo Could Face Legal Woes.” Reuters reports that “UK Police Begin Probe Into Guantanamo Britons.” And BBC News offers reports headlined “Guantanamo investigations begin; British anti-terrorist officers have begun investigations into the five UK terror suspects to be freed from Guantanamo Bay“; “Guantanamo Britons’ legal status“; and “‘Fear’ still haunts Tipton; Fear and suspicion still grips the small town of Tipton two years after being thrown into the limelight by events thousands of miles away.”

Posted at 11:40 by Howard Bashman

Newdow wows ’em at moot court: The Oakland Tribune reports today that “Atheist’s point well-taken in Pledge case dry run.”

Posted at 10:52 by Howard Bashman

“Lawyer’s racist remarks earn new trial for Death Row inmate”: This article appears today in The Palm Beach Post. And The Miami Herald today contains an article headlined “Lawyer’s racist remarks bring new trial; On Death Row for 14 years, a Polk County man gets a new trial after the Florida Supreme Court finds his defense attorney expressed ‘racial prejudice.’” You can access yesterday’s decision of the Supreme Court of Florida at this link.

Posted at 10:50 by Howard Bashman

“Court’s Stay of Execution for Killer Is Reaffirmed”: The Los Angeles Times today offers this news concerning the case of California death row inmate Kevin Cooper. And you can access yesterday’s en banc order of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:43 by Howard Bashman

“‘Jane Roe’ takes her case back to court”: The Houston Chronicle today contains this report. And The San Antonio Express-News reports today that “Roe vs. Wade heads back to courtroom.”

Posted at 10:39 by Howard Bashman

The Green Bag Press announces the publication of “In Chambers Opinions”: Get the details here, and even more details are available here. Sorry, no bobbleheads included.

Posted at 10:11 by Howard Bashman

“Ernest Money: A drug warrior uses Congress’ purse strings to strangle dissent.” Jacob Sullum has this essay online today at Reason.

Posted at 09:22 by Howard Bashman

This Harvard Law Record article reports that there are 36 to 40 editorial board positions on the Harvard Law Review: Blogger and Harvard Law student Jeremy Blachman offers the definitive list of editorial board positions here.

Posted at 00:35 by Howard Bashman

“Ogletree class draws Justice Breyer, Jesse Jackson”: Clinton Dick, who mysteriously failed to cover the speech I delivered earlier this year at the Harvard Law School, has this report in the current issue of The Harvard Law Record.

Posted at 00:30 by Howard Bashman

Elsewhere in Thursday’s newspapers: In same-sex marriage-related news, The Washington Times reports that “California will reject altered marriage forms“; “California gay ‘marriages’ pushing Bush to act“; and “Senate urges gay ‘marriage’ ban.” In other news, “FBI report shows agents punished, fired for crimes.” In local news, “Suit targets ban on pro-pot ads.” An op-ed by Kenneth W. Starr is entitled “A stitch in crime.” And an op-ed by William Murchison is entitled “Marriage amendment cause.”

USA Today reports that “‘Sex tourists’ warned: Law is watching; U.S. targets those going overseas to molest kids.”

The Boston Globe reports that “Bush ‘troubled’ by gay marriage, but is quiet on amendment plans.” And in other news, “US asylum ruling awaited for woman who alleges abuse.”

The Los Angeles Times reports that “Tribe Seeking Exemption From Disclosure Laws; An appellate court is asked to rule that an Indian band’s sovereignty spares it from state rules on campaign donations.” In other news, “White House Accused of Science Bias; The administration has censored and suppressed reports from U.S. agencies that don’t adhere to a party line, the group alleges.” In business news, “IBM Loses Pension Ruling; A judge says 140,000 employees and retirees are entitled to back pay in a ‘cash-balance’ case.” And in local news, “Rights vs. Obligations of Marriage: As San Francisco continues to unite thousands of same-sex couples, newlyweds consider benefits, costs” and “After 25 Years, Woman Sees Son in His Fight for Freedom.”

Posted at 23:50 by Howard Bashman

In news from Utah: The Salt Lake Tribune today contains articles headlined “End of firing squad may be a step closer“; “Late-term abortion measure advances“; and “Plan would shed light on judge misconduct.” A news update from The Associated Press is headlined “Senate passes firing squad bill.” And The Deseret Morning News reports that “Emotional House OKs abortion bill.”

Posted at 23:40 by Howard Bashman

“Court order prohibits ex-wife from ‘defaming’ man over fears of abuse”: This article appears in today’s edition of The Seattle Times. Previously, The Associated Press reported that “Police officer’s ex-wife requests end to gag order.”

Posted at 23:35 by Howard Bashman

“New fed law to be tested in drawn-out legal battle”: Today’s issue of The Boston Herald contains an article that begins, “A year after the deadly inferno at The Station nightclub, hundreds of burn victims and relatives of those killed are hoping for relief while civil lawyers are bracing for a drawn-out legal battle that will test a new federal law for the first time.”

Posted at 23:11 by Howard Bashman

“Man wins reprieve from death sentence; Appeals court judges divided on reasons for overturning ruling”: This article will appear in Friday’s issue of The Baltimore Sun. You can access today’s ruling of the Court of Appeals of Maryland, that State’s highest court, at this link.

Posted at 23:08 by Howard Bashman

The perils of an advocate’s trying to replicate an allegedly hostile work environment from the lectern at the start of an appellate oral argument: Today in the U.S. Court of Appeals for the Seventh Circuit, a three-judge panel consisting of Circuit Judges Richard D. Cudahy, Richard A. Posner, and Ilana Diamond Rovner heard oral argument in the case of Leslie D. McPherson v. City of Waukegan. The attorney for plaintiff-appellant McPherson began his oral argument as follows:

My name is Jed Stone, and I represent the appellant Leslie McPherson.

“What color is your bra? Does it match your panties?”

Immediately thereafter, Judge Rovner interjected:

Are you speaking to Judge Posner?

The courtroom erupted in laughter. You can download the audio of the oral argument via this link (right-click to save MPG audio file to your computer’s hard drive before playing audio). Thanks so very much to the reader who emailed to bring this oral argument from earlier today to my attention.

Posted at 22:42 by Howard Bashman

Access online the vast majority of the public comments received on proposed Federal Rule of Appellate Procedure 32.1: They are available via this link. Thanks to those readers of “How Appealing” who submitted comments in support of that proposed rule after I suggested the usefulness of doing so back on January 29, 2004. One well-phrased comment in opposition to the proposed rule comes from California Court of Appeal Justice William W. Bedsworth. (By the way, the February 2004 installment of Justice Bedsworth’s always very funny monthly column, entitled “Feral Chihuahuas Kill Thousands in California,” can be accessed here and here.)

Posted at 22:01 by Howard Bashman

“Carcieri’s bill shocks constitutional scholars; The governor’s proposed homeland security bill would ‘take the state of Rhode Island back 200 years,’ says one nationally recognized First Amendment expert.” The Providence Journal today contains this report. You can access the text of the proposed law at this link. Eugene Volokh comments here. And in more recent news, “Carcieri withdraws homeland-security bill.”

Posted at 19:50 by Howard Bashman

“Court to Hear Case to Reopen Roe v. Wade”: The Associated Press reports here that “A federal appeals court has agreed to hear a request from the woman formerly known as ‘Jane Roe’ to reconsider the 1973 U.S. Supreme Court decision Roe v. Wade that legalized abortion.” The appeal is pending before the U.S. Court of Appeals for the Fifth Circuit.

Update: You can view the Fifth Circuit’s hearing list containing this case here. No word yet on whether recess appointee Charles W. Pickering, Sr. will be one of the three judges in whose hands the fate of Roe v. Wade rests. But seriously, anyone who thinks that a three-judge Fifth Circuit panel can overturn the result of one of the all-time most controversial U.S. Supreme Court cases undoubtedly is in for disappointment.

Second update: Thanks much to the reader who drew to my attention that the pleadings and orders that give rise to this appeal can be accessed via this link.

Posted at 17:59 by Howard Bashman

“Memogate: The Judiciary Committee computer scandal is one gnarly sausage.” Slate has just posted online this essay by Dahlia Lithwick.

Posted at 17:41 by Howard Bashman

Seventh Circuit Judge Frank H. Easterbrook supports proposed Federal Rule of Appellate Procedure 32.1, which would allow citation to unpublished and non-precedential opinions in all federal appellate courts: Several “How Appealing” readers emailed me after I mentioned here that Law Professor Eugene Volokh had posted this letter signed by a majority of judges serving on the U.S. Court of Appeals for the Seventh Circuit opposing proposed FRAP 32.1 to note that Judge Easterbrook was not among the signers of that letter. What, these readers wondered, was Judge Easterbrook’s view on proposed FRAP 32.1? Speculate no more — you can read Judge Easterbrook’s letter in support of proposed FRAP 32.1 at this link.

I have also posted online here a letter from Second Circuit Chief Judge John M. Walker, Jr. opposing proposed FRAP 32.1. The letter notes that eighteen other active and senior Second Circuit judges join in the views expressed in Chief Judge Walker’s letter. Additional, mostly negative comments about proposed FRAP 32.1 can be accessed via this link.

Posted at 17:10 by Howard Bashman

Access online the petition for rehearing en banc filed in the U.S. Court of Appeals for the Eleventh Circuit in the case upholding constitutionality of Florida statute prohibiting adoption of a child by persons “who are known to engage in current, voluntary homosexual activity”: The petition for rehearing en banc can be accessed here. In this post earlier today, I provided links to press coverage of this court filing.

Posted at 17:00 by Howard Bashman

“IBM may owe workers billions in pension case”: This article appears today in The St. Louis Post-Dispatch.

Posted at 15:20 by Howard Bashman

Cartoonist Mark Fiore examines the “Gay Agenda”: You can access his animated cartoon here. Relatedly, The San Francisco Chronicle today reports that “Papers, pundits abuzz nationwide over gay weddings; Fans, foes see mayor’s move as turning point.”

Posted at 14:28 by Howard Bashman

“A majority of voters in the survey also reject the filibuster strategy employed by Senate Democrats against some of President Bush’s judicial nominees.” See this press release issued yesterday summarizing the results of a nationwide Zogby poll.

Posted at 14:09 by Howard Bashman

“State ban on gay marriage being tested; The U.S. Constitution instructs states to honor other states’ public acts, such as marriages.” This article appears today in The St. Petersburg Times.

Posted at 13:24 by Howard Bashman

Former Louisiana Governor Edwin Edwards seeks to have his federal criminal conviction overturned: The Times-Picayune today reports that “Edwards lawyers want verdict tossed; Judge, jurors, witness called into question.” In other coverage, The Advocate of Baton Rouge reports that “Edwards focuses on judge; Petition says Polozola ‘paranoid’ during trial.” And The Lafayette Daily Advertiser reports that “Attorneys working to get convictions overturn for Edwards.”

Posted at 13:15 by Howard Bashman

“HBS Program Lifts Rule On Race”: The Harvard Crimson reports here today that “Harvard Business School has dropped a rule barring white and Asian students from a summer program after two groups opposed to race-based admissions threatened to take legal action against Harvard.”

Posted at 13:11 by Howard Bashman

“Life, Liberty and Pursuit of Porn”: Wired News interviews Larry Flynt.

Posted at 12:09 by Howard Bashman

“Protesters urge removal of SJC justices; Target four who back gay marriage”: This article appears today in The Boston Globe.

Posted at 11:42 by Howard Bashman

In news and commentary from Alabama: Today’s issue of The Birmingham News contains an article headlined “Dismiss suit to reinstate Moore, state lawyers urge.” An editorial in The Mobile Register is entitled “Conservatives back Pryor.” And The Montgomery Advertiser today contains an editorial entitled “Moore, Newsom peas in a pod.”

Posted at 11:37 by Howard Bashman

“Divided panel says Ten Commandments marker must go”: The Omaha World-Herald today contains this report, along with a very large photograph of the monument at issue. And The Lincoln Journal Star reports that “Ten Commandments ruling upheld in court.”

Posted at 11:30 by Howard Bashman

“O’Connor says lawyers can do more; First female U.S. Supreme Court justice calls for an increase in pro bono work”: This article appears in today’s issue of The Arizona Business Gazette.

Posted at 11:19 by Howard Bashman

“Gay men appeal federal decision upholding Florida’s ban on gay adoptions”: The South Florida Sun-Sentinel today contains this report. And The Miami Herald reports that “ACLU vows to fight ruling that bans gay adoptions; Lawyers for the American Civil Liberties Union will ask a federal appeals court to reconsider its ruling supporting a law barring gays from adopting.”

Posted at 11:10 by Howard Bashman

“GOP senators circle wagons round Hatch; Top conservatives tell their ideological allies to hold fire”: This article appeared in yesterday’s issue of The Hill.

Posted at 07:20 by Howard Bashman

In Thursday’s newspapers: The New York Times reports that “San Francisco Mayor Exults in Move on Gay Marriage.” In other news, “Senator Says Report on Misconduct by F.B.I. Agents Is ‘List of Horrors.’” An article reports that “Advocacy Groups Allowed to Raise Unlimited Funds.” In news from Maryland, “A City Combs Madam’s ‘Black Book’ for the Names It Knows.” In other news, “Old Deportation Orders Put Many Out Unjustly, Critics Say.” In news relating to the war on terror, “Man Guilty of Lying to the F.B.I. in Sheik Case” and “Guardsman Charged With Trying to Spy for Al Qaeda.” And in celebrity justice-related news, “Stewart Trial Examines Securities Fraud Issues” and “At Williams Trial, a Day for Guns and Gracious Living.”

The Washington Post reports that “Bush Biding Time on Marriage Amendment; San Francisco Move Raises Concern.” In news from Virginia, “Sniper Retrial Called Unjustified; Prosecutors Say Evidence Proved Muhammad’s Guilt.” An article reports that “More States Are Fighting ‘No Child Left Behind’ Law; Complex Provisions, Funding Gaps In Bush Education Initiative Cited.” In business news, “Skilling Indictment Expected Today; Former Chief Executive Would Be Highest-Ranking Enron Defendant“; “Reason for Stewart’s Stock Sale Disputed; Jury Hears Evidence That ImClone Shares Were Falling Well Before Transaction“; and “Jury Sides With Boeing In Employee Dismissal; Whistle-Blowing Led to Firing, Former Engineer Claimed in Suit.” And a letter to the editor appears under the heading “An Institution Damaged.”

The Christian Science Monitor contains an article headlined “As court mulls, gays wed; A judge may decide as soon as Friday whether to stop San Francisco’s rush of gay marriages.” And in other news, “In Florida, a bitter fight over cutting down orange trees; A state court is ruling on a compensation plan that residents argue undervalues trees destroyed to stop a citrus canker.”

Posted at 06:40 by Howard Bashman

Access online the federal government’s Brief for Appellee filed Tuesday in the U.S. Court of Appeals for the Third Circuit in the constitutional challenge brought by various law schools, law professors, and law students against the Solomon Amendment: The brief can be viewed online at this link.

Posted at 00:33 by Howard Bashman

Elsewhere in Wednesday’s newspapers: The Los Angeles Times reports that “S.F. Judge Won’t Halt Marriages; The city gets until March 29 to return to court and defend the merits of allowing same-sex unions; Count tops 2,600 couples.” In related news, “Marriage Amendment Unlikely Soon; Between election-year politics and Congress’ aversion to altering the Constitution, a change barring same-sex unions doesn’t look imminent” and “Same-Sex Union Controversy Moves Into New Hampshire; The state already bars such marriages, but lawmakers discuss extending its reach.” In business news, “No-Call Telephone Registry Is Upheld; An appeals court rejects claims that the list violates telemarketers’ free-speech rights” and “Ex-Aide’s Friends Allowed to Testify; Prosecutors are prohibited from speculating about the timing of calls between Stewart and her broker.” An article reports that “Prosecutor in Terror Case Sues Justice Department; The veteran of the U.S. attorney’s office in Detroit says senior federal officials were publicity hounds and did not provide support.” And an editorial is entitled “Politicking on Kids’ Backs.”

The Washington Times reports that “White House waits on marriage issue.” In related news, “Pro-family groups set back in bid to end gay ‘marriage.’” In other news pertaining to California, “Celebrities take up death-row case.” An article reports that “Prosecutor sues Justice, Ashcroft.” And in local news, “Lack of commuter tax unfair to residents, lawyers say” and “House requires consent on pills.”

The Boston Globe reports that “N.H. bill targets same-sex marriage; Effects to be sweeping, gay advocates caution.” An article reports that “Book groups seek privacy.” And in local news, “Revere ordered to pay costs in adult store case.”

Finally, USA Today reports that “S.F. courts allow gay marriages to continue.”

Posted at 23:22 by Howard Bashman

Available online at law.com: An article reports that “Virginia Seeks Review of Ruling on Prayer.” In news from California, “San Francisco Draws Battle Lines for Gay Marriage; Decisions in ‘Lawrence’ and ‘Goodridge’ seen as road map” and “Judge: Class Action Prince Was Really a Frog.” And an article by Carolyn Elefant is headlined “It’s a Blog World After All: If you’re seeking greater visibility, a Web log may be for you.”

Posted at 23:05 by Howard Bashman

“The Determinants of Sentencing in Pennsylvania: Do the Characteristics of Judges Really Matter?” The Heritage Foundation today posted online a paper bearing that title. The paper reports that it analyzes “Pennsylvania sentencing data from 1998 to determine the effects of the races and genders of offenders and judges on judicial sentencing.”

Posted at 22:43 by Howard Bashman

“Court OKs national no-call list; Federal panel in Denver says privacy trumps marketers’ free-speech claim”: Today’s issue of The Denver Post contains this report.

Posted at 22:24 by Howard Bashman

“Morris mom turns tables in music industry lawsuit”: This article appears today in The Newark Star-Ledger.

Posted at 22:23 by Howard Bashman

“Perry endorses challenger for high court”: The San Antonio Express-News today reports here that “Adding fuel to a contentious Texas Supreme Court race, Gov. Rick Perry on Tuesday endorsed Fourth Court of Appeals Justice Paul Green in his race against incumbent Steven Wayne Smith.” All three are Republicans.

Posted at 22:14 by Howard Bashman

The wire services are reporting: Reuters reports that “Wrong Form May Invalidate Calif. Same-Sex Marriages” and “Nichols Seeks Plea Bargain in Oklahoma Bomb Trial.”

And The Associated Press is reporting that “ACLU Sues to End Ban on Anti-Drug-Law Ads.”

Posted at 22:10 by Howard Bashman

Boalt Hall Law Professor Stephen R. Barnett responds to Ninth Circuit Judge Alex Kozinski‘s letter in opposition to proposed Federal Rule of Appellate Procedure 32.1: In a nutshell, Professor Barnett (whose letter you can access here) does not find Judge Kozinski’s opposition to proposed FRAP 32.1 especially persuasive.

Please note: You must have Adobe Acrobat Reader version 6.0 installed (the newest available version) in order to view the first page of Professor Barnett’s letter. Older versions of Adobe Acrobat Reader will allow you to view everything except the first page of the letter. The letter’s first page is merely an introduction of sorts; Professor Barnett begins addressing the merits of Judge Kozinski’s opposition following the table of contents that appears on page 3 of Professor Barnett’s letter. In any event, Professor Barnett’s letter is a must-read for anyone interested in the subject of unpublished and non-precedential appellate court rulings. Professor Barnett raises many of the same points that I have raised (see here and here) and would raise in response to Judge Kozinski’s opposition to FRAP 32.1.

Posted at 17:25 by Howard Bashman

Legal aristocracy: One of the two judges considering the lawfulness of same-sex marriages in San Francisco is the grandson of Earl Warren, this article published today in The Oakland Tribune reports.

Posted at 16:28 by Howard Bashman

“The Constitution: A living or static document?” In today’s issue of The San Diego Union-Tribune, Lionel Van Deerlin offers these reflections on Justice Antonin Scalia’s recent speech in San Diego.

Posted at 16:26 by Howard Bashman

“Attorney denies that she had sex with ex-client”: The Seattle Times today contains this report. The article explains, “In a formal response filed last week with the disciplinary board of the Washington State Bar Association, Olson denied ‘knowingly and intentionally having sexual relations’ with former client Sebastian Burns.”

Posted at 16:23 by Howard Bashman

Ku Klux Klan opposes racial preferences in Michigan: This article appears in today’s issue of The Michigan Daily.

Posted at 16:17 by Howard Bashman

Attorney who retired at age 100 is dead at 101: The Modesto Bee contains this report. Somewhere in Alabama a court clerk is mourning the loss of an octogenarian.

Posted at 16:05 by Howard Bashman

“Judicial Overreach: The Massachusetts decision was not only blind to the political reaction but also unpersuasive.” American Prospect magazine has today posted online this essay by Paul Starr.

Posted at 15:59 by Howard Bashman

Petition for rehearing en banc will be filed following today’s Eighth Circuit ruling in Nebraska Ten Commandments case: This press release provides the details. To access my earlier post about today’s ruling, simply click here.

Posted at 15:51 by Howard Bashman

From today’s broadcast of NPR‘s “Morning Edition“: Today’s broadcast contained segments entitled “Vietnamese Sue Agent Orange Maker“; “Tyson Foods Convicted of Cattle Price-Fixing“; and “S.F. Gay Marriages Get Court Reprieve” (Real Player required).

Posted at 15:24 by Howard Bashman

“Punctuation The Key To Communication”: The Philadelphia Inquirer today contains an article headlined “U.S. Courthouse entrance on Market Street reopens.” I was at the courthouse yesterday visiting with the U.S. Court of Appeals for the Third Circuit and noticed the new entrance. Next to the new entrance, the following motto is carved into the building’s front: “JUSTICE THE GUARDIAN OF LIBERTY.” Am I alone in thinking that perhaps some punctuation (a colon, perhaps) should appear between the first and second words of that motto? On the other hand, perhaps not.

Also in today’s Inquirer is an article headlined “Narberth lawyer takes seat on Superior Court.”

Posted at 14:45 by Howard Bashman

“Conservative law students unite”: Today’s edition of The Yale Daily News contains this article.

Posted at 14:39 by Howard Bashman

“Same-sex marriage case poses a legal puzzle; Court may not grant transgender man’s request to void union”: This article appears today in The Houston Chronicle.

Posted at 14:34 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Court Upholds Neb. Commandments Ruling“; “Bush ‘Troubled’ by Gay Marriage Issue“; and “Unemployed Umps Fan in Appeals Court.”

Posted at 14:20 by Howard Bashman

“Still Live from Death Row: The Rituals of State Murder.” CounterPunch this weekend published this essay by California death row inmate Kevin Cooper. (Via “TalkLeft.”) Relatedly, Bob Egelko today reports in The San Francisco Chronicle that “Cooper recalls escape from execution.” And The Associated Press reports that “Cookbook Features Recipes for Death Row.”

Posted at 13:42 by Howard Bashman

“Judges refuse immediate halt to same-sex marriages”: This article appears in today’s issue of The San Francisco Chronicle.

Posted at 13:31 by Howard Bashman

CNN/Money discovers “Judge B.D. Parker Katzmann of the U.S. Court of Appeals for the 2nd Circuit”: See this article, which Toby Stern kindly brought to my attention.

Posted at 13:29 by Howard Bashman

Divided three-judge Eighth Circuit panel affirms order requiring removal of Ten Commandments monument from public park in Plattsmouth, Nebraska: You can access today’s ruling at this link. Each of the three judges on the panel issued an opinion. You can learn much more about the history of this dispute via this link.

Posted at 11:32 by Howard Bashman

Second Circuit holds trial judge violated the law in denying access for the media to voir dire interviews of prospective jurors in Martha Stewart case: You can access today’s ruling at this link. The opinion begins:

This case calls upon us to balance two weighty constitutional rights: the First Amendment right of the press and of the public to access criminal proceedings and the Sixth Amendment right of criminal defendants to a fair trial. A conglomeration of news organizations and publications has appealed from an order of the United States District Court for the Southern District of New York (Cedarbaum, J.) barring the media from attending the voir dire examinations of prospective jurors held in the district judge’s robing room but providing for the release of the transcripts of the voir dire examinations. We conclude that, under the circumstances presented here, the district court erred in closing the voir dire proceedings. We therefore vacate the portion of the district court’s order denying the media contemporaneous access to the voir dire. We recognize that, because voir dire has already been completed, this remedy has no practical implications with respect to this case. We, nevertheless, decide the issues presented because the underlying dispute regarding the First Amendment right of access is capable of repetition in future cases yet likely to evade review.

Circuit Judge Robert A. Katzmann wrote the opinion for a unanimous three-judge panel.

Posted at 10:58 by Howard Bashman

“Judicial arrogance: Scalia’s attitude in Cheney case reflects badly on the Supreme Court.” This editorial appears today in The Buffalo News.

Posted at 10:42 by Howard Bashman

Big words: The questions that will provide the basis for my upcoming “20 questions for the appellate judge” interview with First Circuit Judge Bruce M. Selya are now wending their way via email from Pennsylvania to his chambers in Providence, Rhode Island. My questions may mark the first time that anyone has attempted to rhyme the word “struthian” with “Babe Ruthian.”

Posted at 10:30 by Howard Bashman

“Bill may aid display of Ten Commandments”: This article appears today in The Atlanta Journal-Constitution.

Posted at 09:05 by Howard Bashman

“No oral sex please, this is clean-living Singapore”: The Sydney Morning Herald today contains an article that begins, “Singapore’s 77-year-old chief judge has given an earthy defence of his country’s notorious prohibition on oral sex – declaring the law should be upheld to safeguard Asian standards of decency.”

Posted at 09:00 by Howard Bashman

“Moore’s Law: Bill Pryor, Alabama’s attorney general, explains why Judge Roy Moore was wrong to defy a federal court order.” This essay by Terry Eastland appears online today at The Weekly Standard.

Posted at 07:15 by Howard Bashman

In Wednesday’s newspapers: The New York Times reports that “Do-Not-Call Registry for Telemarketing Upheld in Court.” In news from California, “Gay Weddings Continue in San Francisco as Lawyers Argue.” An article reports that “Alabama Jury Awards Ranchers $1.28 Billion From Tyson.” In news from New York, “Court Upholds Judges’ Right to Compel Medication” and “Tattoos Affirmed as Evidence.” An article reports that “Judge Rejects Dean’s Blanket Exemption in Keeping Records Secret.” In business news, “Setback Seen for Broker in Stewart Judge Ruling” and “Europeans Reject Offer by Microsoft.” And an editorial is entitled “Gay Marriage in the States.”

The Washington Post reports that “National No-Call List Upheld By Court; Judges See No Violation Of Telemarketers’ Rights.” In news from California, “Judges Postpone Action On Same-Sex Marriage; Weddings Continue in Calif. Amid Lawsuits.” An article reports that “Terrorism Prosecutor Sues Justice Dept.; Assistant U.S. Attorney Alleges Smear Campaign.” An article reports that “Cattle Farmers Awarded $1.28 Billion in Beef Suit.” In other news, “Gay Rights Information Taken Off Site; New GOP Head of Agency Says He Is Reviewing Material.” In news from New York, “Witnesses to Back Broker’s Aide; They Will Testify to Faneuil’s Early Admission of Wrongdoing.” An article reports that “Steroid Case Details Released; Bonds’s Trainer Admitted Giving Steroids to Major League Players.” In local news, “Commuter Tax Suit Argued; U.S. Joins Maryland, Virginia in Opposing D.C. Stance.” An editorial is entitled “Playing by Texas Rules.” And a letter to the editor appears under the heading “Whose Activist Judges?”

Finally for now, The Christian Science Monitor contains an article headlined “Oklahoma City: Is another trial worth its grief? With a court date of March 1 set for Terry Nichols, survivors wrestle with crime, punishment, and memories.”

Posted at 06:56 by Howard Bashman

“Scalia outlines his judicial philosophy; Balboa Park speech attracts protesters”: The San Diego Union-Tribune recently published this article.

Posted at 06:44 by Howard Bashman

“Judicial Disappointments”: Nan Aron has this article in the current issue of In These Times magazine.

Posted at 06:36 by Howard Bashman

Elsewhere in today’s and yesterday’s newspapers: The Los Angeles Times today reports that “Same-Sex Marriage Divides Mass.; Like its Legislature, the citizenry remains deeply split over whether to become the first state to allow gay and lesbian couples to wed.” In other news, “Protesters Who Push the Limits; Abortion opponents are legally invading the privacy of everyone who works at a Kansas clinic; The providers refuse to be intimidated.” Letters to the editor appear under the heading “Ashcroft Wants Medical Files in Abortion Cases.” In yesterday’s newspaper, an article reported that “Race, Justice Go on Trial in Sex Case; College was the goal of a star athlete; Instead, he was convicted on two charges in a statutory rape; To some, he is a victim of the Old South.” And an article was headlined “S.F.’s Hero of the Moment; Gavin Newsom is hailed by many for allowing same-sex couples to marry; But some say he now has no chance at national office.”

The Boston Globe today reports that “Death row appeal challenges rule limiting filings.” And columnist Joan Vennochi has an op-ed entitled “Calm justice in eye of gay marriage storm.”

Posted at 23:51 by Howard Bashman

Ten Commandments news: The Atlanta Journal-Constitution today reports that “GOP introduces bill allowing display of Ten Commandments.” And The Idaho Statesman today reports that “2 lawmakers enter monument fray; City says threat will have no effect on moving plan.”

Posted at 21:57 by Howard Bashman

“Lawyers See Red Over Lobster Case”: law.com has kindly made Tony Mauro’s article freely accessible at this link. Plus, this presentation of the article is accompanied by a photograph of what might very well be a lobster. You can access my preview of this case, along with links to the cert. petitions, other briefs, and the decision below, at this link.

In other news of interest from law.com, “Federal Circuit Dismisses Suit Over Painkiller Patent“; “A Furor Over Iowa Subpoenas“; and “Absent Lawyer Says Firm Knew He Wouldn’t Show.”

Posted at 21:39 by Howard Bashman

“Two judges delayed taking any action Tuesday to shut down San Francisco’s same-sex wedding spree, rebuffing conservative groups enraged that the city’s liberal politicians had already married almost 2,400 gay and lesbian couples.” So begins a report from The Associated Press that you can access here.

Posted at 20:44 by Howard Bashman

Reuters is reporting: Now available online are articles headlined “Jury Hits Tyson with $1.28 Bln Verdict” and “U.S. Court Upholds ‘Do Not Call’ List.”

Posted at 17:50 by Howard Bashman

View online a portion of the Senate Judiciary Committee confirmation hearing for Ninth Circuit nominee William Gerry Myers III: The hearing was featured on this past Saturday’s broadcast of C-SPAN‘s fine program “America and the Courts.” You can watch online by clicking here (Real Player required).

Posted at 17:00 by Howard Bashman

“Lawyers now look to small screen when looking to make a name for themselves; Attorneys stalk big trials, hoping to provide expert commentary”: This article appears in today’s issue of The San Francisco Chronicle.

Posted at 16:20 by Howard Bashman

“Weddings continue as judge delays conservatives’ bid to stop them”: The San Francisco Chronicle provides this news update.

Posted at 16:18 by Howard Bashman

“New Superior Court judge sworn in”: The Philadelphia Inquirer offers this news update on the swearing-in today of the judge who won a state-wide race for the Superior Court of Pennsylvania by only 28 votes.

Posted at 16:14 by Howard Bashman

Same-sex marriage survives the first of today’s judicial challenges in San Francisco: The Associated Press provides this report.

Posted at 15:12 by Howard Bashman

Divided three-judge Third Circuit panel upholds arbitration of umpires’ grievances against Major League Baseball: You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link. I’d have more to say about the ruling except that I find the Third Circuit’s new format for presenting its opinions online — a format instituted this month — to be entirely inimical to reading, and I long for the day when the Third Circuit’s opinions once again look something like this.

Posted at 14:57 by Howard Bashman

BREAKING NEWS — U.S. Court of Appeals for the Tenth Circuit upholds constitutionality of federal goverment’s “Do Not Call” registry: You can access today’s unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link. The decision’s conclusion states:

We hold that 1) the do-not-call list is a valid commercial speech regulation under Central Hudson because it directly advances substantial governmental interests and is narrowly tailored; 2) the registry fees telemarketers must pay to access the list are a permissible measure designed to defray the cost of legitimate government regulation; 3) it was not arbitrary and capricious for the FCC to adopt the established business relationship exception; and 4) the FTC has statutory authority to establish and implement the national do-not-call registry.

Today’s ruling reverses two Tenth Circuit-based federal district court decisions to the contrary.

In early press coverage of the ruling, The Associated Press reports that “Appeals Court Upholds Do Not Call List.”

Posted at 14:45 by Howard Bashman

Just in time for duck hunting season in Philadelphia: The Philadelphia Bar Association has issued a press release reporting that “U.S. Supreme Court Associate Justice Antonin Scalia will present the inaugural Justice Antonin Scalia Award for Professional Excellence at the Association’s April 29 Quarterly Meeting and Luncheon, to be held at noon in the Grand Ballroom at the Park Hyatt Philadelphia at the Bellevue, Broad and Walnut Streets. Justice Scalia will also serve as the keynote speaker for the luncheon.” In other, rather belated bird hunting news from Pennsylvania, the Hegins Pigeon Shoot is no more (see here and here).

Posted at 14:33 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Gay Marriage Foes to Appear in Court“; “Vt. Judge Rules on Dean’s Sealed Records” (plus, a barely legible copy of the ruling can be accessed here); “Prosecutor in Terror Case Sues Ashcroft“; “States Challenge No Child Left Behind Act“; and “Record Industry Sues More Over Downloads.”

Posted at 14:11 by Howard Bashman

“Pryor Convictions: Opposing judicial activism, left and right.” Harvard Law student and blogger (here, here, and sometimes even here) Adam White has this essay today at National Review Online.

Posted at 10:01 by Howard Bashman

“Lawyers Seeing Red Over Lobster Case; Estrada, Waxman represent clients asking Supreme Court to review convictions over improper imports”: Tony Mauro has this report (free registration required) in this week’s issue of Legal Times. Yesterday I wrote about this case, and provided links to the briefs and ruling under consideration, in a post you can access here.

Posted at 09:48 by Howard Bashman

Why would anyone poke fun at St. Mary’s University School of Law? Friday’s edition of The San Antonio Express-News contained an article headlined “Campaign wording angers St. Mary’s dean.” The current campaign for a seat on the Supreme Court of Texas is not the first time someone seeking to gain or hold on to a job in the judiciary has taken a swipe at St. Mary’s. Indeed, no one other than D.C. Circuit nominee Janice Rogers Brown not too long ago did the same thing, as I reported here back in August 2002.

Update: The “Texas Law Blog” reprints an exchange of correspondence between St. Mary’s dean and Texas Supreme Court Justice Steven W. Smith (whose official bio can be accessed here).

Posted at 09:42 by Howard Bashman

“Reporters And Sources: Look To Politics, Not Law, For Protection.” This week’s issue of National Journal contains this essay by Stuart Taylor Jr.

Posted at 09:24 by Howard Bashman

“The case for a federal marriage amendment”: William Kristol and Joseph Bottum have this essay in the February 23, 2004 issue of The Weekly Standard.

Posted at 09:20 by Howard Bashman

“Conservatives Vent: Memos still beg for more scrutiny.” Quin Hillyer has this essay today at National Review Online.

Posted at 09:14 by Howard Bashman

“Kaczynski shuns death penalty”: This article published in today’s issue of The Daily Princetonian reports on a speech that the Unabomber’s brother delivered yesterday at Princeton University.

Posted at 07:24 by Howard Bashman

“Plan seeks greater rights for parents”: The South Florida Sun-Sentinel today contains an article that begins, “Looking to revive a controversial abortion law, House Speaker Johnnie Byrd on Monday unveiled a more sweeping constitutional amendment proposal aimed at bolstering parents’ rights.”

Posted at 07:22 by Howard Bashman

“Ex-Officers: Military’s Gay Policy Outdated.” This article appears in Newsday today.

Posted at 07:20 by Howard Bashman

“Former Moore aide to seek court seat”: The Birmingham News today contains this report.

Posted at 07:19 by Howard Bashman

“Breyer uses tribute to honor Brandeis; Supreme Court justice describes predecessor’s enduring influence”: This article appears today in The Courier-Journal of Louisville, Kentucky.

Posted at 07:10 by Howard Bashman

In today’s and yesterday’s newspapers: The New York Times today contains a report from San Francisco headlined “Rushing to Say ‘I Do’ Before City Is Told ‘You Can’t.’” An article reports that “The Ghost of Waksal Past Hovers Over the Stewart Trial.” In yesterday’s newspaper, Neil A. Lewis had an article headlined “Partisan Denunciations Fly Over Secret Strategy Memos.” And letters to the editor appeared under the heading “Abortion Records and Privacy Rights.”

The Washington Post reports today that “Va. House Advances Contraceptive Restrictions; Limits Aimed at Minors, ‘Morning-After’ Pills.” In other news, “Lifestyles Provide Riches for the Prosecution; Defense Lawyers Fear Evidence of Wealth Can Bias Jurors.” And yesterday’s newspaper contained an article headlined “Questions Left After Slaying Case Dissolves.”

The Christian Science Monitor today contains an article headlined “Student / teacher romances: Off limits.” And Illinois Attorney General Lisa Madigan has an op-ed entitled “Get serious about sex offender registration.”

Posted at 07:00 by Howard Bashman

“The justice, his VP friend, and questions: Antonin Scalia sees no conflict in going on a hunting trip with Dick Cheney, then hearing his appeal of a lawsuit; Others do.” This article appears today in The St. Petersburg Times. In The Los Angeles Times today, Robert Scheer has an essay entitled “Old MacDonald Had a Judge….” In today’s issue of The Washington Post, Art Buchwald has an essay entitled “Duck Blind Trust.” And in non-duck-related news from San Diego, “USD Students Argue Case To U.S. Justice Scalia; Heldman, Hartmere, Finalists In Moot-Courtroom Competition.” You can learn more about this particular moot court competition here.

Posted at 06:44 by Howard Bashman

“Waging war in the Senate”: Columnist Robert Novak today has this essay in The Chicago Sun-Times.

Posted at 17:38 by Howard Bashman

And the answers are: Congratulations to “How Appealing” reader Cyrus Sanai for being the first to email the correct answers to all 20 Judge Selya vocabulary words listed in this post. Another competitor whose email arrived slightly earlier had 18 of the 20 answers correct, which, to borrow a punchline from this past Saturday’s Weekend Update, was “Close but no cigar.” Without further ado, the answers are:

1i; 2n; 3b; 4p; 5f; 6t; 7l; 8r; 9a; 10h; 11j; 12e; 13s; 14d; 15o; 16q; 17c; 18m; 19k; 20g.

Thanks to all readers who took the time to expand their vocabulary far beyond what anyone else is likely to understand.

Posted at 17:21 by Howard Bashman

Ten Commandments news: Today’s news all comes from within the geographical boundaries of the U.S. Court of Appeals for the Ninth Circuit. In news from Idaho, “Legislators vow to protect monument.” And in news from Montana, The Great Falls Tribune reports that “Ousted judge to speak in GF.”

Posted at 17:15 by Howard Bashman

Judge Selya answer key: Law Professor David Franklin emails in response to this post from last night:

I was pleasantly surprised to see a citation to my 1997 Green Bag piece on your site; I was sure no one had ever read it!

I happen to have in my possession a copy of the official Judge Selya glossary, a 63-page typescript of Selyan words that he distributes to his clerks, presumably to enable them to draft, or at least understand, his opinions. Perhaps your readers would enjoy matching the following twenty Selyacious words with the glossary definitions.

The twenty words are:

1. adscititious; 2. atrabilious; 3. biedermeier; 4. boeotian; 5. buzznacking; 6. cozenage; 7. esemplastic; 8. eupeptic; 9. flagitious; 10. fugleman; 11. futhark; 12. gelandesprung; 13. jorum; 14. ochlocracy; 15. pecksniffian; 16. pilgarlic; 17. quaesitum; 18. rapparee; 19. swivet; 20. tatterdemalion.

The definitions with which these twenty words match-up are, in no particular order:

a. villainous; b. conventional or uninspired; c. the object of one’s search; d. mob rule; e. a jump in skiing or thought; f. idle chatter; g. a ragamuffin; h. a trained soldier who leads exercises; i. derived from something external; j. a runic alphabet; k. a state of extreme agitation; l. shaping disparate things into unity; m. a rover in search of plunder; n. gloomy; o. unctuously hypocritical; p. dull, thickheaded; q. a bald-headed man; r. cheerful; s. a large drinking vessel; t. fraud.

The first reader to email me with the correct matching definition for each word (e.g., 1-t; 2-a, etc.) will be the winner of this blog’s Judge Selya obscure word contest. Thanks much to Professor Franklin for enabling this contest to occur.

Posted at 16:20 by Howard Bashman

“Affirmative action foe brings message to town”: The Grand Rapids Press today provides this report.

Posted at 15:07 by Howard Bashman

“Group urges Law School to fight access to campus for ‘discriminatory’ recruiters”: This article appears today in The Daily Northwestern.

Posted at 15:03 by Howard Bashman

President Clinton says he has no intention of serving on the U.S. Supreme Court: See this article published today in USA Today. This raises the interesting related question whether anyone who voluntarily relinquished his U.S. Supreme Court bar membership after the Court issued an order to show cause (access news coverage here) has ever gone on to serve as a Justice on the Court.

Posted at 14:20 by Howard Bashman

Some don’t appreciate Judge Selya’s vocabulary: An attorney who works at a very highly regarded law firm in New York City emails:

I’m sure I’m not alone in being somewhat put off by the fascination with Judge Selya’s use of obscure words. The principal audience for judicial opinions is (or should be) the general public, and judges should strive to write them as accessibly as possible, without using oversimplification. Judge Selya’s obsession with archaic language (some of which apparently is not found in the “most comprehensive of American dictionaries”) makes opinions less comprehensible to lawyers, not to mention the parties and the general public. The use of vocabulary incomprehensible to most well-educated people may be suited for academic writing, crossword puzzles, or other vehicles for intellectual gymnastics (if at all). But Judge Selya does no service to the judiciary or the public by contributing opinions that may not be decipherable even if one’s desk companion is a major American dictionary. I would note that by and large, the greatest lights in the federal judiciary of all intellectual persuasions (Posner, Easterbrook, Calabresi, Kozinski, & Scalia to name just a few) tend to be the most direct, clear (often even colloquial) writers. I don’t really understand Judge Selya’s project, but I respectfully submit it doesn’t merit much attention.

And from somewhere very, very cold comes the following email:

Out here in the Midwest, we’re a lot more plain-spoken than folks in the more sophisticated Northeast. ‘Round these parts, if a judge used all the fancy words that Judge Selya uses, we’d suspect he was just puttin’ on airs, trying to show off how much smarter he is than the rest of us.

Seriously, it seems to be that a judge should try to make his opinions intelligible to his readers, rather than (as Judge Selya seems to do) trying to make them as difficult to understand as possible. One should not need an unabridged dictionary in order to understand a court opinion. I enjoy obscure words as much as the next person, but I try not to flaunt my knowledge of them, lest the person I’m talking or writing to be put off by my show of learning, so that my ostentatiousness undermines my persuasiveness. Maybe not having to worry about such mundane considerations is one of the benefits of lifetime tenure.

This is certainly one of the subjects I intend to raise with Judge Selya in my “20 questions” interview with him, which will be published here in early March 2004.

Posted at 13:30 by Howard Bashman

“Students appreciate Rehnquist lectures”: The Arizona Daily Wildcat today contains this article.

Posted at 12:47 by Howard Bashman

“Memo Theft”: This editorial appears today in The Washington Post.

Posted at 12:44 by Howard Bashman

“Convicted killer bears heavy burden of proof; Reprieve seen as move to solidify death penalty”: The San Jose Mercury News today contains an article by Howard Mintz that begins, “Convicted murderer Kevin Cooper was pulled from the brink of execution last week by a federal appeals court with a history of giving second chances to California’s death row inmates.”

Posted at 12:40 by Howard Bashman

“Scholars eye abortion proposal; Measure’s language, judicial composition, history not favorable”: The Aberdeen American News today contains an article that begins, “Some of the nation’s top scholars of the U.S. Supreme Court’s history and current behavior see no chance of South Dakota succeeding in the attempt under way to overturn the Roe v. Wade decision legalizing abortion.”

Posted at 12:35 by Howard Bashman

When it comes to spiny lobsters, if you don’t do the crime, you might still have to do the time: A case of “lobster fraud” might be seen as a laughing matter if it weren’t for the fact that someone is currently serving eight years in federal prison for committing a federal crime that depends on understanding the laws of Honduras in a manner directly contrary to the way in which the Republic of Honduras says those laws must be understood. As a result, many will be looking on with interest in the very near future to learn whether the U.S. Supreme Court agrees to review the case known as McNab v. United States and the companion case of Blandford v. United States, which are scheduled to be discussed at the Justices’ private conference this Friday.

Understandably, this case has already garnered some attention from the mainstream media. The Chicago Tribune, one week ago Sunday, published an article by Jan Crawford Greenburg headlined “Fisherman’s case casts a wide net; International spat reaches top court.” (Greenburg’s article can also be accessed here, without any need for pre-registration.) The Associated Press recently published an article headlined “Honduras asks U.S. Supreme Court to overturn conviction.” And a related op-ed entitled “Overzealous Prosecution: Eight years for bagging lobsters?” has recently appeared in several newspapers throughout the Nation.

The federal government apparently thought that this case was newsworthy from the outset, because it issued press releases announcing the indictment and convictions after trial in Mobile, Alabama. A divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the convictions in March 2003 (original opinion here; order amending here).

Fortunately for McNab and the others, the lawyers working to overturn the Eleventh Circuit’s ruling do not lack for talent. Miguel A. Estrada is serving as counsel of record for McNab, and the cert. petition he filed can be accessed here. The petition filed by Paul D. Kamenar of the Washington Legal Foundation on behalf of Blandford and the others can be accessed here. The federal government’s not very persuasive brief in opposition to these petitions for writ of certiorari can be accessed here. McNab’s reply brief for petitioner can be accessed here. And the especially significant amicus brief filed by former Solicitor General Seth P. Waxman on behalf of the Republic of Honduras can be accessed here. That amicus brief explains in no uncertain terms that McNab did not violate the laws of Honduras.

What makes this case worthy of U.S. Supreme Court review? The manner in which federal courts go about determining the meaning of foreign laws is a recurring question of great significance, and the briefs demonstrate that the federal appellate courts are divided over the proper approach. As a result of that division, McNab and others sit in federal prison convicted of committing crimes under Honduran law that the Republic of Honduras says do not exist. It’s difficult to imagine a case that could better present this question for the Court’s resolution, or lawyers more talented than the ones who would continue to be involved if cert. is granted. I’ll keep you posted should this case receive additional press coverage in the days ahead, and the U.S. Supreme Court could announce as early as Monday, February 23, 2004 — one week from today — whether it is granting review on the merits in this matter.

Posted at 11:00 by Howard Bashman

A Harvard Law Professor offers his favorite Judge Selya vocabulary word: Addressing further a subject previously discussed here and here, the following email arrived from Cambridge, Mass. this morning:

Not to “paint the lily” (e.g., United States v. Vazquez-Alomar, 342 F.3d 1, 6 (1st Cir. 2003)), but my favorite is “cynosure,” which appears frequently in Judge Selya’s opinions. See, e.g., Uno v. City of Holyoke, 72 F.3d 973, 986 (1st Cir. 1995) (“This assumption is faulty because the litigation challenges Holyoke’s electoral system as a whole, and, to the extent the challenge is scissile, its cynosure is not the wards but the system’s at-large component–a component that allegedly dilutes the plaintiffs’ opportunity for full political participation in municipal affairs.”).

I have to say, though, that I’m a bit disappointed that your readers would find the word “anodyne” so notable. In my view, use of the word is, well, anodyne.

I “need go no further.” E.g., Gulf Coast Bank and Trust Co. v. Reder, 355 F.3d 35, 39 (1st Cir. 2004)

Hmm, scissile isn’t so bad either. Indeed, it reminds me of my post from June 2003 entitled “Shizzle my nizzle: lyrics leave judge lost for words.”

Posted at 10:24 by Howard Bashman

“New digs bespeak forgotten grandeur; Ohio Supreme Court: Old building restored for justices.” This article appears today in The Cincinnati Enquirer. Additional photos of the renovated building can be accessed via this link.

Posted at 08:35 by Howard Bashman

“en banc” blog terminates with no prospect of rehearing: Access the details here.

Posted at 08:22 by Howard Bashman

On the agenda: Today is the Washington’s Birthday federal holiday — also known under the Federal Rules of Appellate Procedure, at least for the time being, as Presidents’ Day. As a result, most federal and state appellate courts will be closed today. Once again, however, this is not a holiday that the U.S. Court of Appeals for the Fifth Circuit observes, so that court could issue one or more published opinions today. The Fifth Circuit will be closed on Tuesday, February 24, 2004 for Mardi Gras, however. The definitive list of Fifth Circuit holiday closures can be accessed here.

Update: This post has been updated to specify the precise date on which the Fifth Circuit will be closed for Mardi Gras. Except for being closed on Tuesday, February 24, 2004, the Fifth Circuit will be open for business the rest of next week.

Posted at 08:10 by Howard Bashman

“Justice Scalia’s duck-hunting caper: He should step aside in case involving the Vice President.” This editorial appears today in The Miami Herald. And The Los Angeles Times today contains an article headlined “Bias is hard to spot in ourselves; A wave of ethical indiscretions has psychologists reminding us that humans can’t always be impartial, despite what we think.”

Posted at 06:24 by Howard Bashman

Elsewhere in Sunday’s newspapers: The Boston Globe reports that “Ruling on gay marriage ignited a national debate.” In related coverage, “Debate humanized issue, legislators” and “Deja vu for N.H. lawmakers.” An editorial is entitled “Sacred rights.” And Jeff Jacoby has an op-ed entitled “Or is it an air of hypocrisy?”

The Los Angeles Times reports that “Lawyer Was Ready for the Marriage Debate; Seeing the issue of gay weddings coming, Matt Daniels drafted an amendment now before Congress; His childhood experience drives him.” In news from Chicago, “Automat of Legal Services on the Defensive; ‘Do-it-yourself’ law menus are being offered by a growing number of companies; But critics say they are practicing without a license.” An article reports that “Reason Runs Out in Fulbright Squabble; After UC Berkeley misses deadline, lawyers argue over postal hours and try to define ‘mail.’” In news from Texas, “D.A. Challenge of Student Voters Is a Civil Rights Lesson; Students at a historically black college might not qualify as ‘residents,’ the prosecutor has said; Top state officials affirm their right to vote.” A report from The Associated Press is headlined “California’s Free State Past at Odds With Truth; Records disprove non-slave history; Online archive gives insight into challenges blacks faced in the 1800s.” An article is headlined “One 19th Century Jurist Lacked Prudence.” And letters to the editor appear under the headings “Scalia to Critics: ‘Quack, Quack’“; “Lax Enforcement of Capital Punishment“; and “Drawing Shows Strides Being Made by Women.”

The Washington Times reports that “Massachusetts at impasse on gay ‘marriage.’” And an op-ed by Ed Feulner is entitled “Checking out the Patriot Act.”

Posted at 23:27 by Howard Bashman

“How Appealing” readers offer their favorite vocabulary words found in opinions by First Circuit Judge Bruce M. Selya: An email received in response to this post from last night states:

My candidates are “ultracrepidarian,” from K-Mart Corp. v Oriental Plaza, 875 F2d 907, 916 (1st Cir. 1989) and a bunch of obscure words from Werme v Merrill, 84 F.3d 479 (1st Cir. 1996) — “tamisage”; “palsgrave“; “apodictic“; and “anodyne.”

Another reader has written to suggest “quidnunc,” found in several opinions including United States v. Atwood, 963 F.2d 476, 479 (1992). A third reader offers two favorites: “sockdolager” and “ukase.” My research discloses only one instance when Judge Selya used both of these words in the same opinion. See In re Grand Jury Proceedings (Gregory P. Violette), 183 F.3d 71, 77-78 (CA1 1999).

Also, those readers with access to Westlaw should be sure not to miss David Franklin’s article “Judge Bruce Selya, Resipiscent Recidivist,” 1 Green Bag 2d 95 (Fall 1997). There, Franklin writes:

If Selya has a signature word, it is “eschatocol.” This fifty-cent wonder is not found in the most comprehensive of American dictionaries; one must repair to the OED to discover that it means “The concluding section of a charter, containing the attestation, date, etc.; a concluding clause or formula.” “Eschatocol” has been used twenty-two times in the published oeuvre of the federal bench – all twenty-two courtesy of Judge Selya. In fact, in thirteen of those instances, the word is used in the same stock phrase: “We add an eschatocol of sorts.” (Thank goodness for the saving clause “of sorts,” lest we readers mistake what follows for a traditional eschatocol.)

The entire article is well worth a look.

Posted at 22:10 by Howard Bashman

“The court that cried Wolf”: San Francisco Chronicle columnist Debra J. Saunders today has this essay about the stay of execution that the Ninth Circuit recently granted to Kevin Cooper.

Posted at 22:07 by Howard Bashman

“Opponents of lethal injection press case”: This article appears today in The Omaha World-Herald.

Posted at 21:05 by Howard Bashman

“Bork to join faculty at UR; Ex-high court nominee will teach constitutional law courses in fall and spring”: Friday’s issue of The Richmond Times-Dispatch contained this report.

Posted at 21:02 by Howard Bashman

“Something About Mary: Gay-marriage proponents target the veep’s daughter.” This article will appear in the February 23, 2004 issue of Newsweek.

Posted at 21:00 by Howard Bashman

“Student Group Offers Whites-Only Award”: The Associated Press reports here from Rhode Island that “A student group at Roger Williams University is offering a new scholarship for which only white students are eligible, a move they say is designed to protest affirmative action.” And today’s issue of The Providence Journal contains an article headlined “Club offers whites-only scholarship; The College Republicans group at Roger Williams University says its $50 scholarship is making a statement against affirmative action.”

Posted at 19:23 by Howard Bashman

Ten Commandments news: Friday’s edition of The La Crosse Tribune reported that “Council votes to appeal Ten Commandments ruling.” Yesterday, The Atlanta Journal-Constitution reported that “Commandments go public outside court; Lawyer posts rules as ‘gift’ to Pickens.” On Friday, The Birmingham News contained an article headlined “Moore: Court failed to weigh order’s legality.” And today’s issue of The Duluth News Tribune contains an essay by Jim Heffernan entitled “Add to City Hall religious sculptures.”

Posted at 18:41 by Howard Bashman

“Reception set for Judge Pickering”: The Laurel Leader-Call offers this news. Previously, The Clarion-Ledger reported that “White House seeks Pickering replacement; Woman, 2 judges among those considered for vacant Miss. district.” And The Associated Press reported that “Cochran, Lott give four names to White House for federal judgeship.”

Posted at 18:36 by Howard Bashman

“Courts consider dozens of Texas mental retardation claims”: The Associated Press provides this report.

Posted at 18:32 by Howard Bashman

Big law firms handle much less sex toy-related appellate litigation: Nathan A. Forrester, who back in September 2003 graciously provided this detailed report on the oral argument before the U.S. Court of Appeals for the Eleventh Circuit in the case challenging the constitutionality of Alabama’s law prohibiting the sale and distribution of sex toys, has left his job as Solicitor General of Alabama to join the law firm of Bradley Arant Rose & White LLP. The Birmingham Business Journal provides this report. Meanwhile, the Eleventh Circuit has yet to rule in this quite interesting case.

Posted at 15:30 by Howard Bashman

“Supreme Court Fellow Panel on Congress & the Federal Courts”: C-SPAN provides online access to video from this panel discussion (Real Player required) that occurred late last month in Washington, DC. If, like me, you’ve never previously set eyes on Second Circuit Judge Robert A. Katzmann, here’s your chance. Justice Stephen G. Breyer was among the other participants in the program.

Posted at 14:10 by Howard Bashman

The San Francisco Chronicle is reporting: In same-sex marriage related news, “Uncharted territory; Bush’s stance led Newsom to take action“; “Political landscape upended“; “Out-of-towners leap at chance to wed in S.F.“; and “Wedding bliss spreads to steps of state Capitol; Same-sex rally draws 1,000 to Sacramento.” In other news, “Peterson saga echoes in our psyches; A convergence of factors makes for wide public interest.” And an article is headlined “Steroid charges bypass athletes; Critics question hiding names of ring’s clients.”

Posted at 14:00 by Howard Bashman

“‘Right to hunt’ advances in Penna.; With sportsmen increasingly wary of animal-rights groups, the House has passed a bill to amend the state constitution.” This article appears today in The Philadelphia Inquirer. And the text of the proposed state constitutional amendment can be accessed here.

Posted at 13:58 by Howard Bashman

“VU lawyer assists Holocaust victim”: Today’s edition of The Post-Tribune of Merrillville, Indiana contains this article.

Posted at 10:53 by Howard Bashman

“Plans OK grandparent rights; Proposals would allow them visitation even in cases where parents withhold access”: The Detroit News contains this report today.

Posted at 10:51 by Howard Bashman

“Stopping the death machine: Activist wages uphill battle against state executions.” This article appears today in The Houston Chronicle.

Posted at 10:48 by Howard Bashman

“Goldwater dedication a patriotic celebration”: The Arizona Republic today contains this report about an event yesterday at which Justice Sandra Day O’Connor gave the keynote address.

Posted at 10:45 by Howard Bashman

In Sunday’s newspapers: The New York Times reports that “Intelligence Panel’s Finances Will Stay Private.” In local news, an article is headlined “Moving In on New York Lawyers.” And an editorial is entitled “How America Doesn’t Vote.”

The Washington Post reports that “In a ‘Scene Not to Be Believed,’ Same-Sex Couples Tie the Knot; Hundreds Wait Hours to Get Married in San Francisco.” In related coverage, the Sunday Outlook section contains items headlined “Same-Sex Marriage Raises Legal Questions” and “A Marriage License Only Goes So Far.” And in sports-related news, “Age Requirement Being Discussed.”

Posted at 10:30 by Howard Bashman

“‘Culture war’ rages at Utah Capitol, Matter of morals?” This article appears today in The Salt Lake Tribune.

Posted at 08:18 by Howard Bashman

“Even for a federal judge, Antonin Scalia’s arrogance is breathtaking.” So begins an editorial published today in The Wilmington (N.C.) Star-News. And columnist Martin Dyckman has an essay entitled “Quacks from high places” in today’s issue of The St. Petersburg Times.

Posted at 08:11 by Howard Bashman

Access online many more amicus briefs urging affirmance of the Ninth Circuit’s ruling in the Pledge of Allegiance case: “SCOTUSblog” provides access via this link to many more amicus briefs filed yesterday on the side of Michael A. Newdow. I have at this time just one more brief to add to the extensive collection found at the preceding link — this amicus brief filed yesterday by Christopher L. Eisgruber and Lawrence G. Sager, two teachers and scholars of constitutional law who specialize in the field of religious liberty.

Posted at 22:45 by Howard Bashman

In Saturday’s newspapers: The New York Times reports on “How Massachusetts Left Gay Marriage at the Altar.” An article reports on “Bid to Stop San Francisco From Letting Gays Marry.” In business news, “Martha Stewart’s Lawyers Score Legal Victory on Testimony“; “Release of Windows Coding Is a New Worry for Microsoft“; “A Criminal Indictment Against Skilling of Enron Is Said to Be in the Works“; and “Tax Evader Pleads Guilty in Fraud Case.” In sports-related news, “At Core of Drug Scandal, Names Are Missing.” And an editorial is entitled “Privacy in Peril.”

A front page article in The Washington Post is headlined “Little Consensus on Marriage Amendment; Even Authors Disagree on the Meaning of Its Text.” An article reports that “Gay Couples Rush to San Francisco; Opponents of Same-Sex Marriage Fail to Stop City From Marrying Partners.” In other news, “Snipers’ Defense Neared $2 Million; Judge Rejected Some Bills in Malvo Case.” An article reports that “Lentz Prosecutor, U.S. Plan Separate Appeals; Harm to Federal Lawyer’s Reputation Cited.” A front page article reports that “Panel Set Up To Hear Pleas Of Detainees; Rumsfeld: Cuba Prisoners Will Get Annual Reviews.” In news from New York, “Expert Securities Testimony Not Allowed; Judge Grants Stewart Defense Team a Victory With Ruling.” In news from California, “All Sides in Jackson Case Aim for December Trial” and “Four Plead Not Guilty To Steroid Distribution.” An article reports that “Bush, Clinton Agree to Testify Privately to Panel Probing 9/11; White House Rules Out Public Questioning of President.” And Ellen Goodman has an op-ed entitled “Gay Unions: Moderation Is Winning.”

The Boston Globe contains the following same-sex marriage-related coverage: “Pace quickens on push for an amendment“; “Romney warns of ‘legal limbo’; Governor eyes timing of vote, gay marriages“; “In aftermath, battle for legislators grows“; “Fear, determination led to plan for filibuster“; “Coverage boosts state’s liberal image“; “Docket includes fence mending“; and “Suit to stop gay marriages delayed; Couples flocking to San Francisco to exchange vows.” In other news, “US may detain terror suspects for years; Looks to appoint a ‘parole’ board.” In local news, “US attorney defends gun, drug cases.” An article reports that “Harvard warns sex magazine against pornography.” An article is headlined “A funny thing happened on the way to law school; Aisha Tyler found comedy in college, and there’s no stopping her.” Bill Maher has an op-ed entitled “Valentine’s Day, that great state holiday.” And Harvey A. Silverglate has an op-ed entitled “Disturbing steps by prosecutors.”

The Los Angeles Times reports that “U.S. Plans to Escalate Porn Fight; Justice Department hire of a veteran prosecutor answers criticism from Christian conservatives who have long sought a crackdown on smut.” In same-sex marriage-related news: “S.F. Wins Round 1 in Marriage Battle; A judge refuses to step in and halt the issuance of licenses to gay couples; At City Hall, the holiday weekend line for weddings grows longer“; “Activists Protest Same-Sex Marriages; Group stops at the Santa Ana courthouse during 14-city tour denouncing the unions“; and “A Nice Day for Gay Weddings; Hundreds of same-sex couples flock to San Francisco for marriage licenses, which face legal challenges; City Hall will stay open all weekend.” In other news, “Judge Weighs Suit on Tulsa’s ’21 Riot; Reparations are sought for a white mob’s torching of the city’s black Greenwood area.” In local news, “Law School Gets a Second Chance; National bar association tells Western State that it will reconsider yanking accreditation, but the Fullerton college’s lawyer isn’t optimistic.” In business news, “Leaked Code Is Traced to Microsoft Partner Firm” and “Charges May Be Next for Skilling, Source Says; A grand jury could be assembled as early as next week; The former Enron CEO maintains his innocence.” In celebrity justice-related news, “Ruling Helps Stewart by Barring Testimony; The judge tells the prosecution it can’t call experts to the stand to try to prove its charge of securities fraud“; “Public’s response is perfectly tepid; Martha Stewart’s court-watchers — from fans to foes — aren’t getting worked up like it was, say, Enron in town“; and “Jackson’s Trial Won’t Start Soon; Even a preliminary hearing in the singer’s molestation case is more than a month away; Geragos’ rumored departure is denied.” An editorial is entitled “True Help on Mental Illness.” And letters to the editor appear under the heading “By Redefining Marriage, We Reduce Its Meaning.”

The Washington Times reports that “Panel to review terror suspects.” And in other news, “Virginia targets unions of gays.”

Posted at 22:10 by Howard Bashman

What’s your favorite Judge Selya vocabulary word? In celebration of the forthcoming March 2004 installment of “20 questions for the appellate judge” featuring First Circuit Judge Bruce M. Selya, I have decided to offer readers of this blog a chance to share via email their favorite obscure word used by Judge Selya in an opinion. I was hoping to be able to say that my favorite was “struthian,” but on further review it turns out that Judge Selya has only used the related word “struthious.” See, e.g., North American Specialty Ins. Co. v. Lapalme, 258 F.3d 35, 45 (CA1 2001). To avoid having your response dismissed as jejune, see, e.g., Macaulay v. Anas, 321 F.3d 45, 55 (CA1 2003), please be sure to include the name and citation of the case in which Judge Selya uses the word you are recommending. To send along your favorite Judge Selya vocabulary word via email, simply click here. I’ll be sure to make use of the best of the most obscure words in my “20 questions” for him, which I’m due to email to his chambers before the end of the day Monday.

Posted at 22:00 by Howard Bashman

“Army’s look at Muslim conference irks some; Agents sought list of people who attended UT gathering on women’s issues, organizer says”: This article appears in today’s issue of The Austin American-Statesman.

Posted at 21:11 by Howard Bashman

The Houston Chronicle is reporting: Today’s newspaper contains articles headlined “Lawsuit juries harder to find; Fear of ‘jackpot justice’ trumps law for some potential panelists” and “Presence of Army agents stirs furor; Roster sought of attendees at UT meeting on Islam.”

Posted at 20:58 by Howard Bashman

“Students don’t need to support FAIR to fight discrimination”: Stanford Law School student Hans Allhoff had this essay in Friday’s edition of The Stanford Daily.

Posted at 20:57 by Howard Bashman

Death penalty graphic: Charts and graphs accessible here accompany Adam Liptak’s article headlined “Study Revises Texas’s Standing as a Death Penalty Leader” in today’s issue of The New York Times.

Posted at 20:55 by Howard Bashman

“Media mayhem in Malvern; Reporters camp outside home of woman believed key to Kerry rumors”: The Philadelphia Daily News contains this article today.

Posted at 16:40 by Howard Bashman

“Term limits a bad idea for state’s judges”: This op-ed by attorney Rick Dindinger appears today in The Denver Post.

Posted at 16:37 by Howard Bashman

“Dignity for the disabled”: The St. Petersburg Times today contains this editorial.

Posted at 16:35 by Howard Bashman

“High court orders data back online”: This article appears today in The South Florida Sun-Sentinel.

Posted at 16:33 by Howard Bashman

In other news from The San Francisco Chronicle: Today’s issue of that newspaper also contains articles headlined “Mad dash to S.F. City Hall to say ‘I do’; 2 groups trying to halt same-sex unions must wait until Tuesday” and “Voice on Peterson case to go silent; S.F. prosecutor to halt TV analysis after D.A. letter.”

Posted at 16:30 by Howard Bashman

“S.F. won’t give feds abortion data; Justice Dept. wants General Hospital records on banned late-term method”: Bob Egelko has this article in today’s edition of The San Francisco Chronicle.

Posted at 16:27 by Howard Bashman

“Shelby: Moore bill will pass Senate.” The Birmingham News today contains an article that begins, “Alabama’s senior U.S. senator predicted Friday that the Senate will approve a bill backed by Roy Moore to restrict federal courts from reviewing cases involving the acknowledgment of God.” And The Montgomery Advertiser reports that “Moore, officials target courts.”

Posted at 11:00 by Howard Bashman

What day is it? Today’s issue of The Poughkeepsie Journal reports that “Judge loves to marry people; Dutchess man unites 56 couples in a year.”

Posted at 10:57 by Howard Bashman

“Sniper attorneys to speak; Cooley and Ebert will discuss the trials’ impact on the death penalty”: The Richmond Times-Dispatch today contains this report.

Posted at 10:51 by Howard Bashman

“Court overturns second death sentence; Justices say jury recommendations must be respected under law”: This article appears today in The News Journal of Wilmington, Delaware.

Posted at 10:50 by Howard Bashman

In election law news: The Atlanta Journal-Constitution reports today that “Election district appeals set; Attorney general plans to fight ruling against legislative maps.” In news from Colorado, The Associated Press reports that “Republicans refuse to drop remap fight.” And The South Florida Sun-Sentinel today reports that “State bans recounts of touch-screen ballots” perhaps ensuring that there will be no more Floridas in Florida.

Posted at 10:45 by Howard Bashman

“Group sues to return Confederate emblems to state’s high court”: This article appears today in The Houston Chronicle.

Posted at 10:42 by Howard Bashman

“Legal dream team wins condemned killer Kevin Cooper a reprieve”: The Associated Press provides this report from California.

Posted at 10:41 by Howard Bashman

“No computer laws were broken, says former Frist aide”: The Scripps Howard News Service today provides this report.

Posted at 10:40 by Howard Bashman

“If it walks like a duck, quacks like a duck”: John Brummett has this op-ed today in The Pahrump Valley Times. And The Oregonian today contains a letter to the editor that appears under the heading “Cheney more at fault than Scalia.”

Posted at 10:35 by Howard Bashman

“Detainees to get ‘parole board’; Speaking in Miami, Defense Secretary Donald Rumsfeld announces creation of a type of parole board for terror suspects.” This article appears today in The Miami Herald.

Posted at 10:30 by Howard Bashman

The importance of spacing in newspaper headlines: Today’s edition of The New Britain Herald contains an article headlined “Governor’sex-attorney admits to favors.” In other, better punctuated coverage of this story, The New York Times today reports that “Gov. Rowland Owes Firm $100,000, a Judge Says.” The Hartford Courant reports that “Judge Says Appointment Not Linked To Favors.” And The Stamford Advocate reports that “Judges asked about gifts for Rowland.”

Posted at 10:25 by Howard Bashman

“High court justice wraps up Island visit”: This article appears today in The Honolulu Advertiser. Before heading back to the cold weather of Washington, DC, Justice Ruth Bader Ginsburg took time out of her busy schedule to visit the beach (see here and here).

Posted at 10:20 by Howard Bashman

To deserve its current reputation, Texas needs to impose more death sentences: In Saturday’s issue of The New York Times, Adam Liptak reports that “Study Revises Texas’s Standing as a Death Penalty Leader.”

Posted at 00:28 by Howard Bashman

Elsewhere in Friday’s newspapers: The Boston Globe contains the following same-sex marriage related articles: “Gridlock in marriage debate; Deeply split Mass. Legislature to reconvene in March session“; “At the end, discord rules a divided body“; “Vote on Travis measure shows split on gay marriage“; “Romney out front; Bush aides in touch“; and “Gay couples line up for chance to wed; In San Francisco, city officials issue first licenses in US.” An editorial is entitled “Equality on Beacon Hill.” Columnist Brian McGrory has an essay entitled “Wedding distractions.” Columnist Scot Lehigh has an essay entitled “Finneran at his worst.” Columnist Derrick Z. Jackson has an essay entitled “Black, gay rights linked in history.” And J. Donald Monan has an op-ed entitled “‘Equal’ does not mean ‘same.’”

The Los Angeles Times reports that “Mass. Session Ends With No Gay Marriage Decision; Third bill to reverse ruling that legalized same-sex unions fails; Legislature is set to reassemble and take up the issue March 11.” In related coverage, “Defiant San Francisco Marries Dozens of Same-Sex Couples” and “Lifelong Partners, Activists Wed at Last.” An article reports that “Ruling Hits State Wine Shippers; Court says New York can ban out-of-state vintners from selling directly to its residents.” In other news, “S.F. May Help Establish Pot Cooperatives; Marijuana would be for the sick; U.S. crackdown feared.” An article reports that “Reparations Sought Decades After Race Riot; A lawsuit for damages from Oklahoma and Tulsa may set the tone for a national campaign.” And columnist Al Martinez has an essay entitled “The need for justice gives rise to a haunting question.”

USA Today reports that “Mass. lawmakers fail to agree on gay marriage ban; Won’t try again until March 11.”

The Washington Times reports that “Same-sex couples ‘married’ by city.” And Jonah Goldberg has an essay entitled “Racial preferences more harmful than legacy policies.”

Posted at 22:31 by Howard Bashman

“Redrawing the Boundaries: Decision at odds with maps in 24 states, Democrats say”: At law.com today, Jonathan Ringel has this article on a three-judge federal district court panel’s ruling that struck down redistricting in Georgia. And Law Professor Rick Hasen notes here that the case is now heading to the U.S. Supreme Court.

Posted at 22:20 by Howard Bashman

Access online Michael A. Newdow’s Brief for Respondent filed today in the U.S. Supreme Court in the Pledge of Allegiance case: The brief can be viewed online at this link.

Posted at 22:15 by Howard Bashman

“EPA Appeals to Top Court on Power Plants”: The Associated Press provides this report.

Posted at 22:13 by Howard Bashman

Available online from National Public Radio: Tonight’s broadcast of “All Things Considered” contained reports entitled “Guantanamo ‘Enemy Combatants’ to Get Hearings” and “New Hampshire Debate Over Death Penalty.” And today’s broadcast of “Morning Edition” contained a report entitled “Massachusetts Suspends Gay Marriage Debate.”

Posted at 19:36 by Howard Bashman

“Bush nominates Benton to appeals court”: The Associated Press has this report on the Eighth Circuit-related news that I noted here earlier today.

Posted at 18:49 by Howard Bashman

Law firm Web site disclaimers can be fun: See this post from the blog “Notes from the (Legal) Underground” for plenty of proof. (Via Jerry Lawson’s “Netlawblog.”)

Posted at 17:32 by Howard Bashman

“Former GOP Staffer Discounts ‘Memogate'”: Jesse J. Holland of The Associated Press provides this report.

Posted at 17:26 by Howard Bashman

“Robert H. Bork to Join Law Faculty”: Today the University of Richmond School of Law issued this press release. (Thanks to “Jurist’s Paper Chase” for the pointer.)

Posted at 17:14 by Howard Bashman

Pfizer has reason to celebrate today’s Celebrex ruling from the U.S. Court of Appeals for the Federal Circuit: Today a unanimous three-judge panel of the Federal Circuit issued a ruling that affirmed a trial court’s decision invalidating a patent belonging to the University of Rochester. The university had sued Pfizer claiming that sale of Celebrex infringed the university’s patent.

Posted at 17:05 by Howard Bashman

“The Diminishing of John Ashcroft: A Bipartisan Groundswell of Rebellion.” Nat Hentoff has this essay online at The Village Voice.

Posted at 16:18 by Howard Bashman

“Airport district debates Pledge of Allegiance”: This article appears today in The Monterey Herald.

Posted at 16:16 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Rumsfeld Plans Panel to Review Guantanamo” and “Gay Marriage Opponents File Suit in S.F.“

Posted at 14:25 by Howard Bashman

“Dispatch From the Massachusetts Constitutional Convention: The tragic lives of state legislators.” Slate today provides this essay by Dana Mulhauser.

Posted at 14:20 by Howard Bashman

Today’s the deadline for Michael A. Newdow and his amici to file briefs in the U.S. Supreme Court in support of the Ninth Circuit’s ruling in the Pledge of Allegiance case: The amicus brief filed today in support of affirmance on behalf of Americans United for Separation of Church and State, the American Civil Liberties Union, and Americans for Religious Liberty can be accessed here.

Posted at 14:11 by Howard Bashman

“Supreme indifference: Scalia’s flip attitude suggests he values his leisure time with cronies more than the reputation of the Supreme Court.” The Oregonian today contains this editorial. And The Chicago Tribune today contains an editorial entitled “If it walks like a duck….”

Posted at 14:05 by Howard Bashman

“Clarence Thomas awes crowd”: This article appears in today’s issue of The Jackson (Mich.) Citizen Patriot. (Thanks to “SCOTUSblog” for the pointer.)

Posted at 14:01 by Howard Bashman

“SCOTUSblog” has now posted online the complete finding aid for the papers of Justice Harry A. Blackmun: You can access the entire finding aid via this link.

Posted at 13:30 by Howard Bashman

“Scott Peterson is too sexy for his portrait.” This post’s title, which triggered disquieting memories of the hit song by one-hit-wonder Right Said Fred, begins an article headlined “Case a boon for court artists” found in today’s issue of The San Francisco Examiner.

Posted at 13:28 by Howard Bashman

“More black jurors needed in Allegheny County; Lack of diversity delaying one trial”: The Pittsburgh Post-Gazette today contains this article.

Posted at 13:20 by Howard Bashman

“S.F. defies law, marries gays; City Hall ceremonies spur constitutional showdown, injunction threat”: This article appears today in The San Francisco Chronicle. And The San Francisco Examiner reports that “City expects slew of suits.”

Posted at 13:18 by Howard Bashman

State of Missouri considers allowing production of both pro- and anti-abortion rights automobile license plates: Today’s issue of The St. Louis Post-Dispatch contains this report.

Posted at 12:11 by Howard Bashman

“Court Rules in Brain-Damaged Woman’s Case”: The Associated Press reports here that “Gov. Jeb Bush and the parents of a severely brain-damaged woman won appellate court rulings in their favor Friday on two legal issues in their quest to keep the woman alive against her husband’s wishes.” You can access today’s rulings of Florida’s Second District Court of Appeal at this link and at this link.

Posted at 11:18 by Howard Bashman

“Burgers, Fries, and Lawyers”: Todd G. Buchholz has this essay in the current issue of Policy Review, a publication of the Hoover Institution.

Posted at 10:38 by Howard Bashman

“Move Over, Mumia: There’s a new celebrity on death row.” The pseudonymous “Jack Dunphy” has this essay today at National Review Online.

Posted at 09:41 by Howard Bashman

White House nominates William Duane Benton to fill vacancy on U.S. Court of Appeals for the Eighth Circuit: You can access yesterday’s announcement at this link. The nominee currently serves as a judge on the Supreme Court of Missouri, which offers this biography of Judge Benton. The St. Louis Post-Dispatch correctly predicted this nomination last month, in a post I first linked to here.

Posted at 07:15 by Howard Bashman

In Friday’s newspapers: The New York Times reports that “Massachusetts Lawmakers, After Heated Debate, Put Off Vote on Gay Marriage.” In somewhat related news, “More Than 50 Gay Couples Are Married in San Francisco.” An article reports that “Cuba Detentions May Last Years.” In local news, “Appeals Court Upholds Limit on Sale of Out-of-State Wine.” An article reports that “Ashcroft Defends Subpoenas.” An article is headlined “Unlikely Symbol in Death Penalty Debate.” In other news, “Guardsman Taken Into Custody and Examined for Qaeda Tie.” In business news, “ImClone Cancer Drug Behind Stewart Trial Finally Is Approved by F.D.A.” and “Judge Backs I.R.S. Effort to Get Tax Shelter Files.” An article is headlined “What’s Under the Ink? White House Comes Clean.” In other news, “4 Indicted in a Steroid Scheme That Involved Top Pro Athletes.” And an editorial opposing the confirmation of Ninth Circuit nominee William Gerry Myers III is entitled “An Enemy of the Environment.”

The Washington Post reports that “Gay Marriage Debate Inconclusive; Massachusetts Lawmakers Adjourn Constitutional Convention Until March.” In news from Virginia, “Delegates Move to Prohibit Recognition of Gay Unions; Measure Receives Preliminary Approval.” A front page article reports that “San Francisco Opens Marriage to Gay Couples.” An article is headlined “Ashcroft: Abortion Records Needed.” In other news, “Terror Sting Nets National Guardsman.” And an editorial is entitled “Gay Marriage Games.”

The Christian Science Monitor reports that “America’s gay marriage debate enters decisive phase; Day of debate in Massachusetts ends as victory — at least for now — for those who support same-sex marriage.” And an editorial is entitled “Cloning and Same-Sex Marriage.”

Finally for now, The Wall Street Journal contains an editorial entitled “The Trials of Martha: Prosecutions aren’t the place to write securities law.”

Posted at 06:30 by Howard Bashman

“GOP senators denounce snooping staffers”: The Washington Times contains this article today.

Posted at 06:29 by Howard Bashman

“It Walks Like a Duck”: This editorial appears today in The Los Angeles Times. And The Battle Creek Enquirer contains an editorial entitled “Recusal best option in Cheney case.” Meanwhile, this week’s issue of The Amherst Student contains an article headlined “Scalia discusses constitutional issues.”

Posted at 06:22 by Howard Bashman

“No Suspects In Slaying of Prosecutor”: Today’s issue of The Washington Post contains this article. And The Baltimore Sun today reports that “Search uncovers Luna’s penknife; Federal prosecutor, 38, was likely stabbed with it, investigators believe.”

Posted at 06:10 by Howard Bashman

“Judiciary GOP Supports Probe; Senators Break With Activists on Computer Hacking Case”: This article appears in Friday’s issue of The Washington Post. And the Scripps Howard News Service reports that “Probe finds ‘unethical conduct’ by panel’s staff.”

Posted at 00:30 by Howard Bashman

Elsewhere in Thursday’s newspapers: The Los Angeles Times reports that “Senator Assails Silberman as Too Partisan for Panel; White House rejects call for his removal from intelligence review; The judge stands by record.” An article reports that “Gay Marriages in Mass. Survive Vote; Lawmakers narrowly defeat a constitutional amendment to restrict matrimony to a man and woman; Emotions run high at statehouse.” In sports-related news, “Clarett Wins Another Decision Against NFL.” In news from Illinois, “Town, Gown Work Out Deal to End Spat.” And letters to the editor appear under the heading “A Supreme Court Justice Who Is Hard to Pin Down.”

The Boston Globe contains the following same-sex marriage-related news: “Two marriage amendments fail; lawmakers to reconvene today; Debate exposes deep divisions“; “House speaker’s gambit sparked anger, furious maneuvering“; “A gay-marriage foe feels stuck in middle“; “For lesbian couple, fight is ‘not over yet’“; “Dueling chants of passion, venom marked scene outside“; “Romney tried to play role in debate“; and “O’Malley watches from afar.” Lyle Denniston reports that “‘Enemy combatant’ gets lawyer; Pentagon lifts curb on US citizen held in ‘dirty bomb’ case.” And an editorial is entitled “So far, so good.”

The Washington Times reports that “Conservatives call for probe.” And in other news, “Massachusetts rejects 2 marriage bills.”

USA Today reports that “Mass. debates gay marriage; Demonstrators on both sides gather in Boston.” A front page article reports that “Spam rage drives some e-mailers to extremes; Law falls short as some strike back on their own.” And Ronald Goldfarb has an op-ed entitled “Constitutional amendment on marriage unlikely to pass.”

Posted at 23:53 by Howard Bashman

Opponents of proposed Federal Rule of Appellate Procedure 32.1 are advancing arguments that are contrary to fact: Although it is beyond dispute that proposed Federal Rule of Appellate Procedure 32.1 — which would allow parties to cite to unpublished and non-precedential rulings in all federal appellate courts — takes no position concerning what persuasive or precedential effect, if any, a given federal appellate court must accord to its own unpublished rulings, opponents of the proposed rule argue that unless citation to such decisions is prohibited, courts will have no alternative but to treat unpublished rulings as precedential in nature.

The most obvious flaw in this argument is that many federal appellate courts today already allow, and in the past have allowed, their own unpublished and non-precedential opinions to be cited back to them, and none of those courts has been forced as a result of that practice to accord precedential effect to opinions designated as non-precedential. Indeed, I vividly recall a Sixth Circuit published opinion which noted that a series of unpublished Sixth Circuit decisions had uniformly resolved a certain issue of law one way, but because those decisions were non-precedential the panel issuing a published opinion was free to, and in fact did, resolve the same issue precisely the opposite way, thus binding the court to that last-in-time resolution into the future.

Because I am someone who believes that federal appellate courts should not have the power to designate rulings as non-precedential when released — rather, the precedential effect of an opinion should be determined by its contents, and not by a label attached to it at its time of issuance — I would be even more pleased with proposed FRAP 32.1 had it abolished non-precedential rulings. But, as the proposed rule’s text and the notes accompanying it make pellucidly clear, proposed FRAP 32.1 does not abolish non-precedential rulings. For opponents of FRAP 32.1 to suggest otherwise is contrary to fact, and for them to suggest that FRAP 32.1 will have the effect of abolishing non-precedential federal appellate court rulings is contrary to the experience of every federal appellate court that already voluntarily has allowed the practice that FRAP 32.1 will make national in scope.

Posted at 23:16 by Howard Bashman

As promised, “SCOTUSblog” has begun to post online the “finding aid” to the papers of Justice Harry A. Blackmun: Links to the finding aid are collected here. Not surprisingly, the third segment of the finding aid confirms that Justice Blackmun received plenty of abortion-related correspondence.

Posted at 23:00 by Howard Bashman

“Panel backs judge nominees”: This article appears today in The Honolulu Advertiser.

Posted at 22:35 by Howard Bashman

In today’s issue of The Harvard Law Record: An article reports that “Filibustered nominee speaks on Rule of Law, religion.” And Jonathan Skrmetti has an op-ed entitled “To Times: Stop distorting Judiciary memos.”

Posted at 22:30 by Howard Bashman

“Search uncovers Luna’s penknife; Investigators debate theory that lawyer died by suicide, not murder”: This article will appear in Friday’s issue of The Baltimore Sun. In related news, The Associated Press is reporting that “FBI Probes Complaint About Prosecutor.” And the Federal Bureau of Investigation issued this press release today.

Posted at 21:55 by Howard Bashman

From tonight’s broadcast of NPR‘s “All Things Considered“: Tonight’s program contained reports entitled “U.S., Hospitals Clash over Abortion Records“; “Limbaugh Gains ACLU Support“; “Mass. Legislators Debate Gay Marriage, Union“; and “San Francisco Officials Conduct Gay Marriage.”

Posted at 19:10 by Howard Bashman

“Was the duck hunt a conflict of interest? Debate swirls over Justice Scalia hearing a case that involves Cheney.” Warren Richey will have this article in Friday’s edition of The Christian Science Monitor. Also in tomorrow’s edition of that newspaper, commentator Daniel Schorr will have an essay entitled “Sharing a duckblind vs. blind justice.” The Monitor is also running an online poll on the question “Should Justice Scalia recuse himself from a case involving friend Dick Cheney?” As of this moment, the vote is 46 yes, 8 no.

Meanwhile, grammar aficionados can now debate whether the gerund in the headline that leads off this post should have taken the possessive.

Posted at 19:03 by Howard Bashman

“Be a Man, David: Gender bending in the Minnelli-Gest divorce.” Dahlia Lithwick has this essay online at Slate this evening.

Posted at 19:00 by Howard Bashman

“Senate GOP Memo Snooping Stirs Uproar”: Jesse J. Holland of The Associated Press provides this report.

Posted at 18:05 by Howard Bashman

Today’s Ten Commandments news: From Pennsylvania, The York Daily Record reports that “Hanover monument fight grows; Free legal help has been promised to the borough if it tries to keep the commandments.”

The Idaho Statesman today contains an article headlined “Judge: Commandments can go; Councilman Shealy calls move ‘imminent.’”

From Minnesota, The Duluth News Tribune reports today that “Commandments beget lawsuit; A civil liberties group prepares to sue Duluth to have a Ten Commandments monument removed from outside City Hall.” And The Associated Press reports that “Duluth monument target of Ten Commandments debate.”

From South Carolina, The AP reports that “House mulls allowing Ten Commandments.”

From Georgia, The Atlanta Journal-Constitution today reports that “Habersham County drops appeal to keep Ten Commandments display.” The Athens Banner-Herald reports that “Habersham drops fight for displays.” The Gwinnett Daily Post reports that “Habersham drops appeal in display suit.” Bucking the trend, The Gainesville Times today reports that “Commandments case still is active.”

Finally, from Alabama, The Huntsville Times contains an editorial entitled “Commandments displays all over the place.”

Posted at 17:02 by Howard Bashman

“Memo Fireworks Consume Judiciary Panel Hearing”: FOXNews.com provides this report.

Posted at 16:34 by Howard Bashman

Another duck hunting editorial cartoon: From Pat Oliphant. (Thanks to Garrett Epps of “Jurist’s Law Reporting” blog for the pointer.)

Posted at 16:23 by Howard Bashman

“Activist fears Roe v. Wade reversal”: This article appears in today’s issue of The Yale Daily News.

Posted at 16:04 by Howard Bashman

“A Recent Utah Case Asks: Is a Prohibition on Polygamy Constitutional?” Law Professor Marci Hamilton has this essay online at FindLaw today.

Posted at 16:03 by Howard Bashman

“Lesbian couple wedded at SF City Hall; Women had been together for five decades”: The San Francisco Chronicle reports here that “History was made at 11:06 a.m. today at San Francisco City Hall when Del Martin and Phyllis Lyon took their wedding vows, becoming the first same-sex couple to be officially married in the United States.”

Posted at 15:25 by Howard Bashman

U.S. Court of Appeals for the Second Circuit upholds New York State’s prohibition on the direct shipment of wine into New York from out of state wineries: Circuit Judge Richard C. Wesley‘s opinion issued today on behalf of a unanimous three-judge panel begins, “On December 6, 1933, the New York Times declared that ‘[p]rohibition of alcoholic beverages as a national policy ended at 5:32 ½ p.m. Eastern Standard Time’ when Utah became the thirty-sixth state to ratify the Twenty-first Amendment.”

Posted at 14:45 by Howard Bashman

“The flimflam defense”: San Francisco Chronicle columnist Debra J. Saunders has this essay today concerning the stay of execution for California death row inmate Kevin Cooper.

Posted at 13:59 by Howard Bashman

“Cheney + Scalia on the hunt”: Tony Auth, editorial cartoonist for The Philadelphia Inquirer, had this cartoon in yesterday’s newspaper.

Posted at 13:56 by Howard Bashman

Report on this morning’s executive business meeting of the Senate Judiciary Committee: None of the federal appellate court nominees on the agenda for consideration at this morning’s meeting was voted out of committee. Indeed, one “How Appealing” reader who observed the meeting called it “ugly.” The statement of Ranking Democratic Member Sen. Patrick J. Leahy (D-VT) can be accessed here. And a joint statement that Sen. Leahy issued with Committee Chairman Sen. Orrin G. Hatch (R-UT) can be viewed at this link.

Posted at 13:38 by Howard Bashman

The law firm of Jenner & Block sets up online brief bank for Rumsfeld v. Padilla: You can access the resource online at this link. If only Yaser Esam Hamdi had Internet access at the Naval brig where he is being held, he’d probably be wondering when someone is going to set up an online brief bank in his honor. After all, certiorari has already been granted in Hamdi’s case, while Padilla is still hoping against hope that the U.S. Supreme Court will refuse to review the Second Circuit‘s ruling that was largely in his favor.

Posted at 11:56 by Howard Bashman

“Judicial Activism Forces Same-Sex Marriage on the Nation”: The U.S. Senate‘s Republican Policy Committee yesterday issued this report, which updates the RPC’s last report on this subject from late July 2003.

Posted at 11:37 by Howard Bashman

Given all the many Barbie doll-related Ninth Circuit rulings that this blog has reported on since its inception: I feel it’s almost my duty to link to today’s report from The Associated Press that “Barbie and Ken ‘Split’ After 43 Years.” Perhaps this development is in response to Circuit Judge Alex Kozinski‘s recent advice (found at the very end of this opinion) that Barbie needed “to chill.”

Posted at 11:29 by Howard Bashman

“Massachusetts Seeks Gay Marriage Compromise”: NPR‘s “Morning Edition” contained this report (Real Player required) today.

Posted at 11:24 by Howard Bashman

“Justice’s blind”: An editorial published today in The Salt Lake Tribune begins, “Supreme Court Justice Antonin Scalia is undoubtedly a wise and learned man. But he seems to misunderstand this stuff about justice being blind. This justice is clearly blind to the horrible appearance of impropriety, if not downright unethical behavior, that follows a very expensive — to the taxpayers — duck hunting trip he took last month with Vice President Dick Cheney.”

Posted at 11:20 by Howard Bashman

“Ex-staffer scolds Hatch over stand on leaked memos”: This article appeared yesterday in The Salt Lake Tribune.

Posted at 09:19 by Howard Bashman

In Thursday’s newspapers: The New York Times reports that “Legislature Votes Leave Same-Sex Marriages as Law.” Adam Liptak has a news analysis headlined “A Troubled ‘Marriage.’” In other news, “Denying Crime, Cuba Prisoner Says He Drove for bin Laden.” An article reports that “Chrysler Deal Called a ‘Godsend.’” In other news, “Indecency Laws Examined in Wake of Halftime Show.” An article reports that “Anxiety Takes Hold of Presidential Aides Caught Up in Leak Inquiry.” In business news, “Politics Could Overshadow Legal Hurdles of a Merger.” In local news, “Two in Clinton Impeachment Taking Roles in Rowland Case” and “At Trial, U.S. Traces Roots of Terror Network to Brooklyn.” In celebrity justice-related news, “Court Hears Tape Offering Broker’s Version of Stewart’s Stock Sale“; “2 Testify on Williams’s Reaction to Death“; “Michael Jackson Faces Cash Crisis“; “A Savvy, Scrappy New York Lawyer for Jackson“; and “A Show and a Real Trial: A Moral Line.” An article reports that “Snowmobile Curb in Yellowstone Is Relaxed by a Federal Judge.” And in other news, “Judge Denies N.F.L.’s Bid to Keep Clarett Out of Draft.”

The Washington Post reports that “2nd Suspect Can See Lawyer; U.S. Citizen Was Linked to Alleged Al Qaeda ‘Dirty Bomb’ Plot.” In somewhat related news, “Spanish Detainee Sent Home; Al Qaeda Suspect Among Dozens Chosen for Repatriation by U.S.” and “Jihad Trial Witness Says Paintball Was Training Drill.” An article is headlined “Hatch vs. . . . Conservatives? Computer Probe Inflames Activists.” In other news, “Mass. Lawmakers Defeat Moves to Define Marriage; Two Attempts to Amend State Constitution Fail.” An article reports that “Doctors, Hospitals Challenge U.S. Subpoenas; Justice Department Seeks Confidential Medical Records on Banned Late-Term Abortion Procedure.” In sports-related news, “No Stay for NFL: Clarett to Enter Draft.” In business-related news, “Stewart’s Ex-Broker Finally Heard; Bacanovic, on Tape, Tells Tale of Client’s ImClone Stock Sale” and “Court Backs Full Checks On Credit Complaints.” And an article is headlined “Shaping Conservative Agenda: ‘Monday Meeting’ in New York Draws Influential Crowd.”

Finally for now, The Christian Science Monitor reports that “Gays want the right, but not necessarily the marriage.”

Posted at 07:00 by Howard Bashman

“Court Is Urged to Change Media Ownership Rules”: This article appears today in The New York Times. The Chicago Tribune reports that “Court hears debate on ownership rules; FCC restrictions on media argued.” And Reuters reports that “Court Mulls Rationale of Media Ownership Limits.”

Posted at 06:50 by Howard Bashman

“Cooper case ruling will be appealed; State to ask high court to reinstate death penalty”: Bob Egelko has this article in today’s edition of The San Francisco Chronicle. And Reuters contains an article headlined “Schwarzenegger Says Frustrated at Execution Delay.”

Posted at 06:40 by Howard Bashman

“Sykes sails through judiciary hearing; Federal lawmakers praise nominee for 7th U.S. Circuit Court of Appeals”: The Milwaukee Journal Sentinel contains this article today. And The Philadelphia Inquirer reports that “Chesco judge moves closer to U.S. bench.”

Posted at 06:38 by Howard Bashman

“Scalia Rejects Pleas for Recusal in Cheney Case”: This article appears today in The Washington Post. And The Missoulian today contains an editorial entitled “It’s impropriety, not mere appearance of it.”

Posted at 06:30 by Howard Bashman

In Wednesday’s newspapers: The Boston Globe today contains the following same-sex marriage-related news: “Amendment would turn gay marriages into unions; Lawmakers get proposal today“; “National and local lobbying efforts ratcheted up“; “Analysts see challenges for amendment“; and “Group promises aid for amendment foes.” A related editorial is entitled “Constitutional questions.” And columnist Scot Lehigh has an op-ed entitled “Political stakes high in gay marriage clash.”

The New York Times reports that “Massachusetts Weighs a Deal on Marriages Between Gays.” In other news, “Report Questions the Reliability of an F.B.I. Ballistics Test.” In sports-related news, “N.F.L. Asks Judge for Stay to Keep Clarett From Draft” and “Clash Over Race of Jurors at Trial of Ex-Net.” An article reports that “Stewart Trial Focuses on Message From Broker.” And in other news, “U.S. Landlords Face Post-9/11 Standards.”

The Washington Post contains a front page article headlined “Bush Plans To Back Marriage Amendment; Constitution Would Specify Man, Woman.” An article reports that “Study Faults FBI Bullet Tests; Analysis of Lead Called Inconsistent; Court Challenges Expected.” In sports-related news, “NFL Asks Federal Judge To Suspend Draft Ruling” and “Ex-NBA Star’s Trial Opens; Night of Drinking Ended in ‘Death and Deceit,’ Prosecutor Says.” And an editorial is entitled “A Break for the Innocent.”

USA Today reports that “Gay marriage fight nears a peak; Massachusetts Legislature to vote on amending state’s constitution.”

The Washington Times reports that “Constitutional showdown set on marriage.”

The Los Angeles Times reports that “Report Finds Flaws in FBI Bullet Analysis; Changes are proposed for the technique often cited in expert testimony in criminal trials.” An article is headlined “In S.F., a Test Case for Gays; Mayor orders study on legality of same-sex marriages, calling ban unconstitutional.” And in celebrity justice-related news, “Jurors Hear of Attempt by Stewart to Alter Phone Log” and “Bryant Lawyers Subpoena Bellhop, Argue Shield Law.”

Posted at 23:20 by Howard Bashman

“Fur Flies Over Empty Podium: Lawyers trade blame for missed California Supreme Court appearance.” law.com provides this report. In all the instances that I have used my monthly appellate column to give advice about oral arguments on appeal, the need to give the most important piece of advice never occurred to me — be sure to show up for the argument.

Posted at 23:15 by Howard Bashman

“Justice Dept. Seeks Hospitals’ Records of Some Abortions”: This article will appear in Thursday’s issue of The New York Times.

Posted at 23:11 by Howard Bashman

“Has murder of Luna stumped investigators?” This article appears in today’s edition of The Lancaster New Era.

And CBS News offers a report entitled “FBI Flop In Dead Prosecutor Case?” that states, “Sources tell CBS News that only a few weeks after the body of Assistant U.S. Attorney Jonathan Luna was found face down in a creek near his parked car in rural Lancaster, Pennsylvania, supervisors at the FBI’s Baltimore field office began focusing on one of their own female agents as a possible suspect in the murder.”

Posted at 23:09 by Howard Bashman

Law Professor Eugene Volokh has posted online a letter from a majority of the judges serving on the U.S. Court of Appeals for the Seventh Circuit opposing proposed Federal Rule of Appellate Procedure 32.1: You can access the letter here. And the text of proposed Rule 32.1 can be accessed at this link.

Let me note a few interesting points in the debate over Rule 32.1. First, the proposed rule would allow unpublished and non-precedential rulings to be cited in all federal appellate courts, but the rule does not require any federal appellate court to treat unpublished or non-precedential rulings as precedent. Indeed, the Ninth Circuit (just to use as an example the circuit that is most vociferously opposed to Rule 32.1) could continue even after Rule 32.1 is adopted to refrain from ever citing to its own unpublished opinions, and it could order all district courts under its jurisdiction to likewise so refrain. True, I would be even more pleased if Rule 32.1 prohibited federal appellate courts from designating certain rulings as non-precedential, because I believe an opinion’s status as precedent should be determined by what it contains rather than by a label attached to the decision at the time of its issuance. But Rule 32.1 takes no position on this issue, and for opponents of Rule 32.1 to suggest otherwise causes them to be fighting a battle that is not actually now underway.

Second, a rule that allows advocates to cite to unpublished and non-precedential decisions would not make litigation more costly. Is it more costly to litigate appeals in the D.C. Circuit, the First Circuit, or the Third Circuit, just to name a few of the circuits where such citations are already allowed? I don’t understand that to be the case. Moreover, unpublished opinions are becoming as readily available to advocates as published opinions. West’s Federal Reporter advance sheets contain both forms of appellate court rulings; a law recently passed by Congress will soon require all federal appellate courts to make unpublished opinions available over the Internet (and a significant majority already do so); and Westlaw already has all of these unpublished opinions online. “But isn’t Westlaw prohibitively expensive?” some may wonder. Perhaps it once was, but I recently entered into a contract with West Publishing Company allowing me unlimited access to all state and federal court opinions and statutes from throughout the United States for a flat rate of only $300 per month.

Third, the assumption that under the current regime in certain federal appellate courts lawyers cannot be faulted as incompetent for ignoring on-point unpublished decisions is absurd. When I am searching for the most helpful or relevant federal appellate court ruling that addresses a given issue, I cannot in good faith refuse to look at the unpublished, non-precedential decisions. For one of those decisions may be closest on point, and, if it is, the case law that it cites and relies on may be best suited for me to rely on and cite in drafting my client’s appellate brief. Moreover, if an advocate can find an on-point unpublished opinion, so can a federal judge’s judicial law clerk. Thus, the contention that if lawyers are prohibited from citing to unpublished opinions, federal trial judges won’t be tempted to do so either is revealed to be unpersuasive. And any advocate who prefers unpublished, non-precedential rulings to on point published precedential rulings after Rule 32.1 becomes law will be making a significant strategic mistake.

Finally, Ninth Circuit Judge Alex Kozinski, in his lengthy letter opposing Rule 32.1, argues that the new rule will discourage judges from providing an explanation to litigants for the court’s ruling in cases that don’t deserve a published opinion. Distressingly, however, his letter seems to be saying that in the Ninth Circuit an unpublished opinion prepared by staff counsel may reflect the result with which a three-judge panel unanimously agrees but may only offer in support of that result reasoning in which none of the three judges concurs. How it benefits a litigant to receive an explanation with which none of the judges who decided the appeal actually agrees is beyond me. Again, my view can be stated simply — if a decision of an appellate court is to bind the litigants in an appeal, it should likewise bind the court that issued it (subject to being overruled or set aside in the usual ways). And whether a decision is precedential should depend on what the decision says, not on the label a three-judge panel decides to affix to it in advance of its issuance. But, to reiterate, Rule 32.1 does not purport to abolish non-precedential federal appellate court rulings. Rather, it simply allows lawyers to tell an appellate court how it has ruled in earlier, similar cases.

The deadline for submission of public comments on Rule 32.1 is February 16, 2004. You can submit comments online via this link. As sometimes occurs in heated debates over the law, it seems as though proponents and opponents of Rule 32.1 are largely talking past one another in the debate over the rule’s usefulness. It will be interesting to see whether the supporters of Rule 32.1 — a rule that nearly received the unanimous backing of the Advisory Committee on Appellate Rules — will see any reason to reconsider their support for the rule based on criticism they view to be unpersuasive and misplaced.

Posted at 22:09 by Howard Bashman

“How Appealing Will Big Firm Life Remain for Blawgers?” Just stumbled across Dennis Kennedy’s cleverly titled blog post from earlier this month that links to his interesting article headlined “2004 Legal Technology Trends: Do We Stand on the Threshold of the Next Legal Killer App?“

Posted at 19:42 by Howard Bashman

From tonight’s broadcast of NPR‘s “All Things Considered“: Tonight’s broadcast contained segments entitled “Gay Marriage Ban Proposed for U.S.” and “Massachusetts Debates Gay Marriage Ban” (Real Player required).

Posted at 19:22 by Howard Bashman

Justice Ruth Bader Ginsburg visits Hawaii: The Honolulu Star-Bulletin today reports that “Ginsburg gives isles a peek at Supreme Court; The Honolulu Rotary Club gets to sample the judge’s dry wit.” And The Honolulu Advertiser today reports that “Ginsburg cites court’s unanimity, cordiality.”

Posted at 18:45 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Georgia County Drops Commandments Appeal“; “Mass. Awaits Historic Gay-Marriage Vote“; and “Court OKs Medical Residents’ Lawsuit” (plus, access today’s ruling of the U.S. District Court for the District of Columbia at this link).

Posted at 17:27 by Howard Bashman

“Scalia affirms state rights under Constitution”: This article appears in today’s issue of The Boston Globe.

Posted at 17:23 by Howard Bashman

Department of Defense has announced it will allow Jose Padilla to visit with his lawyer: See this press release issued today. In news coverage of this development, The Associated Press reports that “Pentagon Allows Padilla to See Lawyer.”

Posted at 17:19 by Howard Bashman

Getting married: Enough with the suspense. As has been noted elsewhere since my original post, the two federal appellate judges who will be getting married to one another this summer are Chief Judge Carolyn Dineen King and Senior Circuit Judge Thomas M. Reavley, both of the U.S. Court of Appeals for the Fifth Circuit. “How Appealing” wishes them all the best.

Posted at 17:08 by Howard Bashman

“This case concerns three men, each named Francisco Rivera, and the confusion that has resulted from attempting to determine which one of them committed grand theft auto in 1993.” So states the third paragraph of this opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today.

Posted at 17:01 by Howard Bashman

“Groups Say FCC Media Rules Would Stifle Public”: The Associated Press provides this report on today’s oral argument before the U.S. Court of Appeals for the Third Circuit.

Posted at 16:08 by Howard Bashman

Thanks to the “Law Students” page on law.com for reprinting my February 2004 appellate column: You can access the reprint here.

Posted at 16:07 by Howard Bashman

Denver Post columnist Al Knight defends The Federalist Society: See his column from today’s newspaper. (Thanks to “Ex Parte” for the pointer.)

Posted at 16:01 by Howard Bashman

Today’s Senate Judiciary Committee hearing turned out to be quite the love-fest: The hearing, which I previewed here earlier today, lasted just an hour even though it included one appellate court and two district court nominees. Senator Orrin G. Hatch (R-UT), the committee’s chairman, was so impressed with the bipartisan support for the nominees that he spoke of trying to get them added to the already crowded agenda for tomorrow’s executive business meeting.

Posted at 15:14 by Howard Bashman

That’s quite a hamburger: Today the U.S. Court of Appeals for the Fourth Circuit issued a ruling in the trademark dispute between What-A-Burger of Virginia, Inc. and Whataburger, Inc. of Corpus Christi, Texas.

Posted at 15:11 by Howard Bashman

“Judge Refuses Stay for NFL; Clarett to Enter Draft”: The Washington Post provides this news update.

Update: The trial court’s order denying a stay pending appeal can be accessed online at this link.

Posted at 14:55 by Howard Bashman

“Scalia Defends Hunting Trip With Cheney”: Gina Holland of The Associated Press provides this report.

Posted at 13:31 by Howard Bashman

“Driver for bin Laden in a Guantanamo cell; Osama bin Laden’s driver is among the prisoners being held at the Guantanamo terrorism prison, his Pentagon-appointed defense lawyer discloses.” This article appears today in The Miami Herald.

Posted at 11:20 by Howard Bashman

Coming soon to the Senate Judiciary Committee: Today at 2 p.m., the Senate Judiciary Committee will hold a confirmation hearing for three judicial nominees, including Seventh Circuit nominee Diane S. Sykes. Once confirmed, she will join the list of judges serving on the same court, at the same time, as the judge for whom they once served as law clerk. A live video feed of hearing is supposed to be accessible at this link (Real Player required).

And if that’s not enough excitement for one week, tomorrow morning the Judiciary Committee is scheduled to hold its first executive business meeting of 2004. Three federal appellate court nominees are on the agenda for that meeting, and at most one or two may be favorably reported from the committee tomorrow for consideration by the entire U.S. Senate.