How Appealing

Friday, April 1, 2005

“Justice Ginsburg Backs Value of Foreign Law”: This article will appear Saturday in The New York Times. C-SPAN appears to make the video of Justice Ruth Bader Ginsburg’s speech from earlier today available online, but the link isn’t working yet.

Posted at 11:30 PM by Howard Bashman

On this date in “How Appealing” history: April 1, 2003 began with what turned out to be both the debut and conclusion of this blog’s “Today’s Pokemon” feature. I don’t hold Hitmonchan responsible for the feature’s lack of success. On the other hand, had I chosen Mr. Mime, Drowzee, or Jigglypuff, surely the feature would have been a smashing success. The day ended more or less with that day’s music selection, “Like A Stone,” by Audioslave (Windows Media Player required).

In between, there was way too much good stuff for me to capture here, including tape-delay blogging of that day’s oral arguments in the University of Michigan racial preferences in university admissions oral arguments (hey, the Chief just called her “Maureen”); the Senate confirmation of a U.S. Court of Appeals judge in the absence of a filibuster-proof majority; and my timelessly popular “Not exactly an octogenarian” post.

By contrast, one year ago today was relatively uninteresting, unless you were Ninth Circuit nominee William Gerry Myers III (see my posts here and here) or Justice Antonin Scalia, who as I noted here was the subject of a essay posted online that evening under the headline “Antonin Scalia, self-made martyr: He could have been the next chief justice; Today, he’s just a poster boy for intolerance, vitriol and questionable ethics.”

Posted at 11:00 PM by Howard Bashman

“Don’t go to court without cash; $106K in legal cost over $63K damages; ‘An average person … couldn’t afford it'”: This article, which experience teaches probably does not represent an April Fool’s joke, appears today in The Toronto Star.

Posted at 4:20 PM by Howard Bashman

On April 14, 2005, abortion will be on the docket before the U.S. Court of Appeals for the Eighth Circuit: On the morning of Thursday, April 14, 2005 in St. Louis, a single three-judge Eighth Circuit panel will hear oral arguments in three important abortion-related appeals.

In one appeal, the federal government is challenging the ruling of a Nebraska-based federal district court which held that the federal Partial-Birth Abortion Ban Act of 2003 is unconstitutional.

The two other appeals arise from Missouri. In one case, the State of Missouri appeals from a federal district court’s decision permanently enjoining a Missouri law that made partial birth abortions a crime. And in the other case, the State of Missouri appeals from a preliminary injunction that has halted enforcement of a Missouri law imposing a twenty-four-hour waiting period for an abortion except in the case of medical emergency.

The three-judge panel assigned to hear and decide these three appeals consists of Chief Judge James B. Loken, Senior Circuit Judge George G. Fagg, and Circuit Judge Kermit E. Bye. Because the Eighth Circuit provides online access to oral argument audiotapes, I will provide links just as soon the tapes are posted.

The Eighth Circuit is likely to maintain an important role in reviewing abortion-related laws into the future. For example, South Dakota has recently adopted what has been described as the Nation’s “most restrictive abortion measures.” Additonal news coverage of recent developments in South Dakota can be accessed here (Boston Globe), here (AP), and here (AP).

Posted at 3:02 PM by Howard Bashman

The Chicago Tribune is anti-filibuster and anti-“nuclear option”: The newspaper today contains an editorial entitled “A better filibuster tactic.”

The March 31, 2005 issue of The Economist contains an editorial (subscription required) entitled “Congress and the judiciary: It would be a mistake for the Republicans to change the Senate’s irritating filibuster rules.”

And the April 2005 issue of Washington Lawyer contains many letters to the editor that respond to Bruce Fein’s essay published in the February 2005 issue under the heading “Pack the Supreme Court.”

Posted at 2:28 PM by Howard Bashman

“Stopping ‘Stop-Loss’: The federal 9th Circuit Court is coming to Seattle to hear the case of a National Guard soldier forced to stay on.” The current issue of Seattle Weekly contains this article.

According to the Ninth Circuit’s web site, the case will be argued Wednesday, April 6, 2005 at the University of Washington School of Law before a three-judge panel consisting of Senior Circuit Judge William C. Canby and Circuit Judges Richard C. Tallman and Johnnie B. Rawlinson.

Posted at 11:18 AM by Howard Bashman

“Supreme Court averts Quebec language fight”: This article appears today in The Toronto Globe and Mail.

The Toronto Star reports today that “Top court redefines language law in Quebec; Upholds limits on francophones; But eases restrictions for immigrants.”

And The Montreal Gazette contains articles headlined “Bill 101 survives challenge; Supreme Court clarifies language rights; Anglo schools open to French-immersion students – but will stay closed to Quebec francophones” and “‘Parking’ kids in private school was an investment, father says; Practice prohibited in 2002; English school board president says ban deprived Montreal schools of 600 students.”

Posted at 11:10 AM by Howard Bashman

In news pertaining to the University of Colorado football recruiting scandal: The Denver Post today contains articles headlined “Judge tosses key CU sex suit; Women pledge to appeal ruling“; “Pretrial dismissal surprises former justice in CU probe“; and “Some students see troubling trend.”

The Rocky Mountain News contains articles headlined “It’s over – for now; Losing side vows to appeal sex case at heart of scandal“; “Women unable to prove CU at fault, judge rules“; “Simpson the public face of allegations against CU“; and “Regents say ruling vindicates university; But they’re worried about suit’s damage to image of school.”

The Boulder Daily Camera contains articles headlined that “Case dismissed; Judge: Title IX standards not met” and “Celebration, shock at news.”

And The Associated Press reports that “Rape Lawsuit Against U. of Colo. Tossed.”

Posted at 10:02 AM by Howard Bashman

“Disputed Evidence Upheld in Daimler Merger Trial”: Reuters reports here that “A U.S. judge has issued rulings that could bolster the case of billionaire Kirk Kerkorian in his $1 billion lawsuit against DaimlerChrysler.”

Posted at 9:45 AM by Howard Bashman

“Can Justice Scalia Solve the Riddles Of the Internet? Without profit even the digital world will break down.” Daniel Henninger has this op-ed today in The Wall Street Journal.

Posted at 7:18 AM by Howard Bashman

“Protecting the Work Force”: The New York Times today contains an editorial that begins, “The Supreme Court struck an important blow for older workers this week by making it easier for them to sue for age discrimination.”

Posted at 7:15 AM by Howard Bashman

“Anger Likely to Shift to Judiciary; Conservative criticism of court rulings in the case indicates that the war by the GOP and Democrats over nominations is likely to escalate”: Ronald Brownstein has this article today in The Los Angeles Times.

The New York Times today contains an article headlined “Even Death Does Not Quiet Harsh Political Fight” that begins, “The political battle over Terri Schiavo erupted anew on Thursday as conservatives portrayed her death as the result of an unaccountable judiciary and Representative Tom DeLay, the House majority leader, threatened retribution against the judges who refused to intercede in the case.”

The Washington Post reports that “Long Legal Battle Over as Schiavo Dies; Florida Case Expected To Factor Into Laws For End-of-Life Rights.” The newspaper also contains an editorial entitled “This Is Not the Way” that states, “Such crude threats of retribution against judges of both parties who were only doing their jobs is, indeed, a mark of an arrogant and out-of-control federal power — but that power is the legislature, not the judiciary.”

The Houston Chronicle reports that “Wrangling may influence judicial hearings; Courts’ handling of Schiavo’s case could lead to a push for new faces.”

The San Francisco Chronicle reports that “DeLay blames judicial system, promises new legislation; Kennedy calls congressman’s words ‘reprehensible.’

Newsday reports that “Case fuels fight over judiciary.”

The Washington Times reports that “Pro-lifers hear call to overhaul ‘arrogant’ judiciary.”

The Dallas Morning News reports that “Schiavo case could have lasting effects.”

In The New York Sun, Luiza Ch. Savage reports that “With Schiavo Dead, Bush Emphasizes ‘Culture of Life.’

The Boston Globe reports that “Outcome likely to reverberate as Congress returns.”

USA Today reports that “Politicians might feel repercussions.”

The St. Petersburg Times reports that “Recess quiets Washington’s response; The case’s legal legacy is still being written; For now, lawmakers give only prepared statements and protesters are few.”

The Tampa Tribune reports that “U.S. System Still Intact.”

The Orlando Sentinel contains articles headlined “Right-to-die case a study in judicial liberty, some say” and “Furor to fade, experts say; Many observers doubt fallout will hurt parties.”

Finally, The Miami Herald reports that “Case broke little new legal ground; Despite the attention focused on the Terri Schiavo case, the court fight that raged for years was, from a legal standpoint, routine.”

Posted at 7:00 AM by Howard Bashman

“The Defense Rests”: Today in The Washington Post, columnist Eugene Robinson has an op-ed that begins, “I guess now I won’t be killing anyone. My plan, if I ever did, was to call Johnnie Cochran, but, sadly, his number is no longer in service.”

Posted at 6:50 AM by Howard Bashman