How Appealing

Thursday, March 3, 2005

Access online a copy of the federal government’s brief in opposition to Zacarias Moussaoui’s petition for writ of certiorari filed in the U.S. Supreme Court: A copy of the federal government’s redacted brief in opposition can be accessed at this link. Back in January 2005, I posted online here (very large PDF file) a redacted copy of Moussaoui’s cert. petition.

Posted at 4:24 PM by Howard Bashman

“Smackdown Over Tribe”: Over at “The Volokh Conspiracy,” “Juan Non-Volokh” has a link-rich post that begins, “Ramesh Ponnuru and Tom Goldstein continue to duke it out over whether Larry Tribe presented a fictional account of his argument in the Richmond Newspapers case.”

Posted at 4:15 PM by Howard Bashman

“Nuclear Options and Term Limits in the Judicial Wars: What Will It Take to Overcome the Impasse?” Law Professor Rick Hasen has this post today at his blog.

Posted at 2:40 PM by Howard Bashman

U.S. Congressman seeks both the division and the unification of the U.S. Court of Appeals for the Ninth Circuit: Yesterday, Representative Mike Simpson (R-ID) — one of Congress’s leading proponents of legislation that would split the Ninth Circuit into three parts — introduced a bill (HR 1064) that would require the Ninth Circuit, when hearing and deciding cases en banc, to have all judges in regular active service participate.

Thus, instead of reporting on 6-5 en banc Ninth Circuit rulings, I might sometime soon be reporting on 14-13 en banc Ninth Circuit rulings (or perhaps a 10-9-8 three-way plurality ruling would be fun). Thanks much to Representative Simpson’s office for providing me with a copy of the bill.

Posted at 1:50 PM by Howard Bashman

Access online the Petition for Writ of Certiorari that the federal government filed on Monday in the U.S. Supreme Court asking for review of the ruling of the U.S. Court of Appeals for the Third Circuit declaring the Solomon Amendment unconstitutional: I have posted a copy of the cert. petition online at this link. Thanks much to the reader who so kindly forwarded an electronic copy of the cert. petition to me.

Update: Another reader emails to note why this case is enjoyable. According to the petition at page 10, the case involves “the receipt of federal funs.”

Posted at 11:40 AM by Howard Bashman

“A Lawyer’s Unlikely Journey Up the Legal Ladder”: Today in The New York Times, Ralph Blumenthal has an article that begins, “Win or lose, Thomas Van Orden savored the moment Wednesday as the lawsuit he brought here three years ago was preoccupying the highest judges of the land in Washington.”

Posted at 11:00 AM by Howard Bashman

“Justices Rule Spy Contract Is Not Valid”: Linda Greenhouse has this article today in The New York Times.

In The Washington Post, Charles Lane reports that “Justices Rule Spies Cannot Sue U.S. Over Deals; 9 to 0 Decision Affirms Agencies’ Leeway in Hiring Foreign Agents.”

In The Los Angeles Times, Henry Weinstein reports that “2 Recruited to Spy for U.S. Can’t Sue CIA, Justices Say; The government would be vulnerable to ‘graymail’ if such litigation were allowed, Supreme Court rules.”

Michael McGough of The Pittsburgh Post-Gazette reports that “Ex-spies barred from suing CIA over broken promises.”

BBC News reports that “US spies ‘cannot sue government’; Spies cannot take the US government to court for allegedly reneging on their contracts, the Supreme Court has said.”

And on today’s broadcast of NPR‘s “Morning Edition,” Nina Totenberg had a segment entitled “High Court Rules Ex-Spies Cannot Sue CIA.”

Posted at 10:00 AM by Howard Bashman

“Michael Francis Lefkow, 64; Attorney fought for social justice”: The Chicago Tribune has published this obituary today. I have collected additional recent news coverage of the slayings in posts that can be accessed here and here.

Posted at 9:55 AM by Howard Bashman

“The Supreme Court Strikes Down the Death Penalty For Juvenile Offenders: A Morally Good Result, Supported by Less-Than-Convincing Legal Reasoning.” FindLaw commentator Edward Lazarus has this essay today.

Posted at 7:28 AM by Howard Bashman

“Display of Scripture May Split Justices”: David G. Savage has this article today in The Los Angeles Times.

Jan Crawford Greenburg of The Chicago Tribune reports that “Court debate of biblical proportions; 10 Commandments displays at issue.”

Joan Biskupic of USA Today reports that “Commandments cases may hinge on 1 high court justice; ‘It’s so hard to draw the line,’ O’Connor says during hearing.”

The Boston Globe reports that “Justices weigh Commandments case; Debate suggests court won’t render definitive ruling.”

The Washington Times reports that “Religious displays debated in court.”

The Baltimore Sun reports that “Justices weigh government-religion issues in Ten Commandments cases; Public display of biblical laws: Endorsement or fact of history?

The Austin American-Statesman reports that “High Court hears arguments in Ten Commandments cases; Justices ask probing questions of lawyers on both sides.”

The Houston Chronicle contains articles headlined “Texas case before high court could redefine church, state; Justices weighing historical ties vs. endorsing religion” and “Capitol monument got its start in movie promotion; Cecil B. DeMille’s ‘Ten Commandments’ went from film to stone.”

The Dallas Morning News reports that “Dallas has its own granite Decalogue.”

The Fort Worth Star-Telegram reports that “Justices hear cases on Ten Commandments.”

The Herald-Sun reports that “Duke prof presents plaintiff’s case to court.”

The Louisville Courier-Journal reports that “High court seeks line between law, religion; Kentucky case brings hundreds to Washington.”

Michael McGough of The Pittsburgh Post-Gazette reports that “Court tackles religious displays.”

The New York Sun reports that “10 Commandments Frustrate Court.”

The News & Observer of Raleigh, North Carolina reports that “Ten Commandments cases go before high court; Justices debate legality of Texas, Kentucky displays.”

The Cox News Service reports that “Ten Commandments in court’s hands; Justices to decide fate of public display of tablets.”

The Tennessean reports that “With displays in courthouses, state apt to feel fallout of high court ruling.”

The Detroit News reports that “Commandments stir supreme debate; Michigan residents voice mixed opinions about public displays as top court takes up issue.”

And The Arizona Republic reports that “Monument at Capitol stirs debate; Church-state quandary at high court.”

Also today, The Washington Post contains an editorial entitled “Commandments in Context.”

Posted at 7:10 AM by Howard Bashman

“Evidence Analyzed in Slayings of Judge’s Family; The execution-style killings in Chicago prompt a call to reassess security arrangements for the federal judiciary”: This article appears today in The Los Angeles Times.

The Chicago Tribune today contains articles headlined “Judge: I won’t back down; Lefkow defies killers, vows she’ll return to federal bench“; “DNA sought on cigarettes, drink can; Murder probe fans out like ‘spider web’“; “Hale seeking apology from U.S.“; “Parents certain that Hale had no link to murders“; “Internet leaves an open window on lives of judges“; and “No-nonsense jurist known as fair, patient.” The newspaper also contains an op-ed entitled “Some cases are too hot even for cops’ comfort” by columnist John Kass.

The Chicago Sun-Times reports that “Judge enraged at ‘hit’ on family.” And columnist Mark Brown has an essay entitled “Any way you look at it, this is pure madness.”

The Daily Herald of suburban Chicago reports that “Sketches released as family plans funeral.”

The Denver Post reports that “Murder of judge’s mom stuns local neighbors, friends; Donna Humphrey, 89, reportedly thought her daughter was safe despite worry about an earlier death threat.”

The Rocky Mountain News contains articles headlined “Sorrow, grief linger in empty law office” and “Wyoming had own brush with group.”

Finally for now, The Deseret Morning News reports that “Police look at pro-white leader with Utah ties.”

Posted at 6:50 AM by Howard Bashman

“Pryor Impressions: Alabamas want to know why Bill Pryor is being filibustered in the Senate.” Quin Hillyer has this op-ed today in The Wall Street Journal.

Posted at 6:45 AM by Howard Bashman