How Appealing

Monday, April 4, 2005

On this date in “How Appealing” history: On April 4, 2003, I had a post titled “Likelike Highway” about surprising news leaks from the D.C. Circuit in connection with the then-pending campaign finance reform case.

Meanwhile, on this day in 2004, I had a post titled “Law Professor Lawrence Lessig disagrees with columnist’s plea of ‘Let’s Have Less Of Lessig.’” And little did I suspect at the time of writing this post, but the particular National Constitution Center opening day bonkee featured in the post now works just down the hall from where my office is located.

Posted at 11:55 PM by Howard Bashman

“Bankruptcy Shield for IRAs Upheld; Supreme Court Addresses Older Workers’ Retirement Assets”: Charles Lane will have this article Tuesday in The Washington Post.

Posted at 11:45 PM by Howard Bashman

Linda Greenhouse is reporting: In Tuesday’s edition of The New York Times, she will have articles headlined “Supreme Court Ruling Bars Creditors From I.R.A. Assets” and “Justices Decline to Rule on Limits for Drug-Sniffing Dogs.”

By the way, early next month Ms. Greenhouse’s new book, titled “Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey,” will be released. Of course, the book tour will be bringing her to Philadelphia. The book can be pre-ordered via, and I’m mentioning the book without regard to whether I’m going receive a review copy (although hope springs eternal).

Posted at 11:25 PM by Howard Bashman

“Kill Bill: Microsoft’s army of lawyers was no match for a kid from Kent State.” This article appears in the current issue of Cleveland Scene. Thanks to “42 U.S.C. 1983” for the pointer.

Posted at 11:15 PM by Howard Bashman

Available online from Tony Mauro reports that “Justices Rule IRAs Protected in Bankruptcies.”

Jonathan Ringel reports that “High Court Rules on Habeas Timing Question; Justices agree that lower courts were wrong but split 5-4 against helping inmate.”

In other news, “Drawing the Line on Punitive Awards; California Supreme Court to decide how ‘Campbell’ limits apply in state.”

And an article from The National Law Journal is headlined “Employers Wrestle With Blogosphere; As bloggers multiply, managers scramble to form at-work policy.”

Posted at 11:00 PM by Howard Bashman

U.S. Court of Appeals for the Eighth Circuit rejects constitutional challenge to 2002 amendments to the Animal Welfare Act: According to the per curiam opinion issued today, the suit challenged “the constitutionality of the Animal Welfare Act after it was amended in 2002 to prohibit the knowing transportation of birds in interstate or foreign commerce for purposes of having the birds participate in a fighting venture, regardless whether the fight would be legal in the state where it was to occur.”

Posted at 12:10 PM by Howard Bashman

Today’s U.S. Supreme Court opinions and Order List: Justice Clarence Thomas delivered the opinion for a unanimous Court in Rousey v. Jocaway, No. 03-1407. You can access the syllabus here; Justice Thomas’s opinion here; and the oral argument transcript here.

Justice David H. Souter delivered the opinion of the Court in Johnson v. United States, No. 03-9685. You can access the syllabus here; Justice Souter’s majority opinion here; Justice Anthony M. Kennedy’s dissenting opinion here; and the oral argument transcript here. In this 5-4 decision, the Chief Justice and Justices Sandra Day O’Connor, Thomas, and Stephen G. Breyer joined in Justice Souter’s majority opinion. Joining in Justice Kennedy’s dissent were Justices John Paul Stevens, Antonin Scalia, and Ruth Bader Ginsburg.

You can access today’s Order List at this link. The Court granted review in one case.

In early press coverage, Hope Yen of The Associated Press has reports headlined “Supreme Court: Creditors Can’t Seize IRAs” and “Supreme Court Won’t Hear Clarett’s Appeal.” And The AP also reports that “Supreme Court Won’t Hear Drug Dogs Case.”

Reuters, meanwhile, offers a report headlined “Supreme Court: IRAs Are Shielded from Creditors.”

Posted at 10:00 AM by Howard Bashman

“What Terri Schiavo’s Case Should Teach Us”: Stuart Taylor Jr. has this essay in today’s issue of National Journal.

Posted at 8:40 AM by Howard Bashman

“Charles Pickering on Confirmations”: That’s the title of this past Saturday’s broadcast of C-SPAN‘s “America & the Courts,” in which “retired federal judge Charles Pickering speaks on the Senate judicial confirmation process before the Federalist Society in Jackson, Mississippi” You can view the program online by clicking here (RealPlayer required).

Posted at 6:50 AM by Howard Bashman

“Seeking U.S. Turf for a Free-Speech Fight”: The New York Times today contains an article that begins, “London has become something of a magnet for libel litigants looking for a plaintiff-friendly jurisdiction. Now one defendant is taking an uncommon approach to fighting back.”

Posted at 6:44 AM by Howard Bashman

“Senate Primed for Filibuster Showdown; There is little hope that a compromise can head off GOP plans to change the rules so Democrats can no longer block federal judicial picks”: The Los Angeles Times contains this article today.

Posted at 6:35 AM by Howard Bashman