How Appealing

Tuesday, March 22, 2005

“Lawyer: Schiavo Ruling Expected Soon.” According to this recently updated report from The Associated Press, “The appeals court didn’t indicate when it might rule, but George Felos, the attorney for Terri’s husband, Michael Schiavo, told the Associated Press that he expected a decision before daybreak Wednesday.” Fortunately, “How Appealing” central command never sleeps.

Posted at 11:59 PM by Howard Bashman

“Transfer of Guantanamo Detainees on Hold; Federal Judge Considers Authority of Courts, Need to Notify Lawyers”: This article will appear Wednesday in The Washington Post.

Posted at 11:45 PM by Howard Bashman

“Civil rights concerns doom House measure; Bill would let police arrest those who withhold name”: This article will appear Wednesday in The Baltimore Sun.

Posted at 11:25 PM by Howard Bashman

“Abrams Files Appeal for Cooper and Miller in Plame Case”: Editor & Publisher reports here that “Attorney Floyd Abrams, who is representing Judith Miller of The New York Times and Matthew Cooper of Time magazine in the Valerie Plame case, will seek a re-hearing of an appeals court ruling last month that upheld an order for the two reporters to be jailed if they continue refusing to disclose sources in the case.” Thanks to “Blue Mass. Group” for the pointer.

Posted at 11:08 PM by Howard Bashman

“Three reversals for the Ninth Circuit”: Lyle Denniston has this report online at “SCOTUSblog,” and links to the decisions can be found in this (arguably non-backdated) post from Marty Lederman.

Of course, thanks to, you can confirm that this isn’t the first time the “High Court Reverses 9th Circuit Three Times in One Day.”

Indeed, because only two of today’s reversals were via unanimous judgments, and none were “summary reversals,” today doesn’t even qualify as a bad day at the office for the Ninth Circuit.

Posted at 11:00 PM by Howard Bashman

Some information about the U.S. Court of Appeals for the Eleventh Circuit, where Terri Schiavo’s parents’ appeal is pending: The Associated Press offers this “Inside Look at Federal Appeals Court.”

My personal opinion is that this is a top-notch court, and that’s not just because “How Appealing” is quite popular among the court’s judges and law clerks. The Eleventh Circuit is also a very conservative court, generally speaking.

The Eleventh Circuit’s official web site can be accessed here. The web site offers biographies of the court’s judges and a little background about the court, which came into being in 1981 when the U.S. Court of Appeals for the Fifth Circuit was split.

You can’t call yourself an expert on the Eleventh Circuit unless you know that Circuit Judge Frank M. Hull is a woman.

Yesterday, a three-judge Eleventh Circuit panel resolved an earlier appeal in the Terri Schiavo case, and that three judge panel consisted of Circuit Judges Ed Carnes, Frank M. Hull, and Charles R. Wilson. There’s a fair possibility that the current appeal could be before this very same panel as a related case.

Two Eleventh Circuit judges in regular active service participated in this blog’s “20 questions for the appellate judge” feature. You can access my interviews with Gerald Bard Tjoflat and Stanley F. Birch, Jr. by clicking on each judge’s name.

Posted at 8:11 PM by Howard Bashman

“Ducking Tough Questions: The federal court declines to reinsert Terri Schiavo’s feeding tube.” Andrew C. McCarthy has this essay at National Review Online.

Posted at 7:35 PM by Howard Bashman

In Wednesday’s edition of The Christian Science Monitor: Warren Richey and Linda Feldmann will have an article headlined “Who speaks for Terri Schiavo? Appeals are under way after a judge refused early Tuesday to reinstall a feeding tube, in a case with broad legal implications.”

And in other news, “Lawsuit over an embryo fuels debate on when life begins; An Illinois judge allows a wrongful-death suit involving a ‘pre-embryo’ to go forward, deepening a moral divide.”

Posted at 7:32 PM by Howard Bashman

In re: today’s visit to Washington, DC. After I completed the work that brought me to the Nation’s capital today, I had the pleasure of visiting briefly with a friend who is clerking for a judge on the U.S. Court of Appeals for the D.C. Circuit. Not only did I also have the unexpected pleasure of getting to speak for a few moments with that judge, whose work I greatly admire, but before my visit concluded almost a dozen other law clerks from that court stopped by to say hello. Happily, in April or May of this year, I will be making a return visit to the D.C. Circuit as a participant in the speakers’ program that the court’s law clerks have organized.

Posted at 7:02 PM by Howard Bashman

“Lawyers seek plea deal in teacher sex case; Faced with a potential media circus, the lawyers agree that it might be best for all parties involved – especially the teenage boy – to avoid a trial”: The St. Petersburg Times contains this article today. And The Tampa Tribune reports that “Lafave May Negotiate Plea Deal.”

Posted at 7:00 PM by Howard Bashman

“Schiavo’s Parents Beg Court to Act Quickly”: The Associated Press provides this report, while The AP’s Hope Yen reports that “High Court’s Right-To-Die Rulings Are Thin.”

The Atlanta Journal-Constitution reports that “Schiavo’s parents appeal to Atlanta court” and “Protesters criticize judge’s ruling.”

The New York Times reports that “Schiavo’s Parents Appeal Ruling on Feeding Tube.”

The Washington Post reports that “Judge Refuses to Intervene in Schiavo Case; Federal Judge Declines to Order Reinsertion of Feeding Tube.”

The Los Angeles Times reports that “Terri Schiavo’s Parents Appeal Federal Ruling.”

And Reuters reports that “Schiavo Case Casts Spotlight on Oregon Suicide Law.”

Posted at 5:54 PM by Howard Bashman

Programming note: My day job requires my presence in Washington, DC. Additional updates will appear online here later today.

Posted at 7:20 AM by Howard Bashman

BREAKING NEWS — “Judge Won’t Order Feeding Tube Reinsertion”: The Associated Press reports here that “A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo’s feeding tube, denying an emergency request from the brain-damaged woman’s parents.”

A copy of the brief filed on Terri Schiavo’s husband’s behalf, opposing Terri’s parents’ request for a temporary restraining order, can be viewed at this link.

Earlier, in today’s edition of The New York Times, Adam Liptak has a news analysis headlined “Small Law, Big Implications.”

Posted at 6:33 AM by Howard Bashman

In news from the Supreme Court of the United States: Today in The New York Times, Linda Greenhouse has articles headlined “After 5 Months’ Absence, Rehnquist Is Back in Court“; “Justices Hear Debate on Whether Police Must Intervene“; and “Inmates Who Follow Satanism and Wicca Find Unlikely Ally.”

In The Los Angeles Times, David G. Savage reports that “Ailing Rehnquist Rejoins Colleagues on the Bench” and “Justices Wary of Suing Police for Inaction; Supreme Court hears arguments in a case over the failure to respond when a mother reported her children missing.” And in other coverage, “Court Denies Moussaoui Access to Alleged Al Qaeda Figures; The Sept. 11 suspect sought to question men in U.S. custody as possible witnesses; Rejection of appeal puts his trial back on track“; “High Court Turns Away Philip Morris; A smoker in Glendale who developed cancer is set to collect more than $16 million in damages;” and “Supreme Court Won’t Hear Wine Dispute; An effort by the maker of ‘Two Buck Chuck’ to keep the word ‘Napa’ on some of its other brands’ labels is rebuffed.”

In USA Today, Joan Biskupic reports that “Rehnquist active participant on 1st day back; Chief justice returns to bench after months away treating cancer” and “Justices skeptical of argument on restraining orders.”

The Washington Times reports that “Chief justice returns to court” and “Justices spurn Moussaoui plea.”

The Baltimore Sun reports that “Rehnquist returns to bench after absence of five months; Chief justice undergoing thyroid cancer treatment.”

The Birmingham News reports that “High court refuses to hear Pryor case.”

The Denver Post reports that “Police immunity pursued; U.S. Supreme Court hears lawsuit against Castle Rock.”

The Rocky Mountain News reports that “Justices hear mom’s suit; U.S. high court poses tough questions in case against Castle Rock cops.”

And in The San Francisco Chronicle, Bob Egelko reports that “Tobacco damages upheld; Philip Morris must pay $10.5 million.”

Posted at 6:20 AM by Howard Bashman