On this date in “How Appealing” history: On April 7, 2003, I wrote at length about the U.S. Supreme Court‘s important decisions issued that day in cases involving cross-burnings and frightfully large punitive damages awards. I also had a post titled “The status of federal appellate court nominees in the 108th Congress as of April 4, 2003” offering lots of details.
One year later, on April 7, 2004, I had a post titled “Congratulations! The federal government has fixed your salary at $0” in which I reported on a ruling that the Seventh Circuit had issued that day. And in a post in which I noted an Associated Press report headlined “Two Reporters Told to Erase Scalia Tapes,” I remarked that “I have a strange feeling this is not the last we’ll be hearing of this incident.” And, of course, it wasn’t.
“DeLay Says Congress Lets Courts ‘Run Amok'”: This article will appear Friday in The New York Times.
And in other coverage, James Kuhnhenn of Knight Ridder Newspapers reports that “Judiciary has ‘run amok,’ DeLay says.”
In Friday’s edition of The New York Times: Adam Liptak will report that “C.I.A. Leak Inquiry Is Near End, Prosecutor Says.”
In other news, “Democrats Step Up Fight Against Nominees.”
And in business news, “Kerkorian Loses His Suit Against DaimlerChrysler.”
“Martinez Staff Probes Memo Origin”: This article will appear Friday in The Washington Post.
“Administration Urges Appeals Court to Let Guantanamo War Crimes Trials Resume”: Neil A. Lewis will have this article Friday in The New York Times.
Friday’s edition of The Washington Post will report that “Justice Dept. Defends Value Of Military Trials.”
And Friday’s edition of The Chicago Tribune will report that “U.S. attorney defends prosecution of Guantanamo detainees.”
“State Supreme Court suspends Theresa Olson for two years”: The Associated Press reports here that “The state Supreme Court has suspended Theresa Olson, a lawyer caught having jailhouse sexual relations with a triple-murder defendant she was representing, for two years.”
On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast included segments entitled “Court Considers Guantanamo Detainee’s Rights Plea” (featuring Nina Totenberg) and “Senator’s Aide Revealed as Author of Schiavo Memo.” RealPlayer is required to launch these audio segments.
“U.S. court panel hears Navy abortion case; Government wants wife to reimburse cost of procedure”: The Seattle Post-Intelligencer today contains this article reporting on a case argued yesterday before the U.S. Court of Appeals for the Ninth Circuit.
Earlier, that newspaper previewed the case in an article headlined “Wife of sailor battles U.S. over abortion; Navy won’t pay for procedure for woman who carried severely brain-damaged fetus.”
The Ninth Circuit has made the audio of yesterday’s oral argument available online at this link (Windows Media format; right-click and save to disk).
“Appeals court rejects Guardsman’s bid to block extension of his service”: This article appears today in The Seattle Times.
The Seattle Post-Intelligencer reports today that “U.S. court upholds extending enlistments; Oregon National Guardsman calls it illegal ‘backdoor draft.’”
And The Oregonian reports that “Soldier loses appeal of ‘stop-loss’ extension; The Oregon Guardsman from Pasco, Wash., could depart for Afghanistan on Friday under the Army’s policy of extending soldiers’ contracts.”
The U.S. Court of Appeals for the Ninth Circuit has made the audio of yesterday’s oral argument available online at this link (Windows Media format; right-click and save to disk).
And late today, the Ninth Circuit entered an order noting that the full court has denied the appellant’s request for initial hearing en banc on his motion for an injunction pending appeal.
“Pa. Supreme Court intervenes in dispute over renowned art collection”: The Associated Press provides this report, in which I am quoted. More details are available in this earlier post.
“State Supreme Court strikes down grandparent visitation law”: The Associated Press provides this report on a unanimous ruling that the Washington State Supreme Court issued today.
I’m scheduled to argue a constitutional challenge to Pennsylvania’s grandparent visitation law before the Supreme Court of Pennsylvania next month. The merits briefs that I filed on my client’s behalf can be accessed here and here.
“Judge Dread: A showdown over the U.S. judiciary was a long time coming.” Duncan Currie has this essay online today at The Weekly Standard.
Accused enemy combatant Jose Padilla asks the U.S. Supreme Court to directly review the federal government’s appeal from a U.S. District Court’s recent decision ordering Padilla’s release from military custody: You can access Padilla’s petition for writ of certiorari before judgment at this link.
Supreme Court of Pennsylvania agrees to accept jurisdiction over challenge to the relocation of The Barnes Foundation from Merion, Pennsylvania to Philadelphia: That court’s order, issued late today, can be viewed at this link. Links to the relevant underlying pleadings can be accessed via earlier posts here and here.
All others pay cash: The Pittsburgh Post-Gazette reports today that “Law would put ‘In God We Trust’ in schools.” The legislation introduced in Pennsylvania’s General Assembly can be viewed at this link.
“Petition Seeks Supreme Court Review of Prisoner Case Under RLUIPA; Fifth Circuit Decision Worsens Split on Meaning of ‘Substantial Burden'”: The Becket Fund for Religious Liberty issued this press release today. The cert. petition can be accessed at this link.
Reader mail: The following email arrived late last night:
As a law student at top 20 law school, I have been an avid reader of your blog for approximately a year. Unfortunately, I have found myself increasingly disenchanted with much of the content of the blog, and hope you would consider restructing it in the future.
I suppose my principal gripe is that your blog doesn’t seem to separate the proverbial wheat from the chaff. Let’s take the Schiavo issue or the so-called nuclear option. As a law student, with little time, your current format forces me to sift through every single article on these issues often written by the complacently ignorant (Linda Greenhouse or Hope Yen), or the rabidly ideological (People for the American Way or some U.S. Senator), while I look for the latest developments in the law written by the sharpest commentators. Needless to say, I especially appreciate when you provide links to the latest decisions in the appellate courts, links to insightful blog entries on places like Volokh Conspiracy, and links to thoughtful articles.
I recognize that you make a steadfast attempt to keep your own political views off the blog (except for the columns, which are rarely political in the first place), but surely you can remain apolitical and fair while screening away the largely ill-begoten commentaries by the popular press and the K-street lobbyists.
Anyway, just a few thoughts. Keep up the great work.
An investigation is underway to determine which member of “The Volokh Conspiracy” is responsible for the content of this email.
“Can a Court Second-Guess the President’s Conduct of Military Commission Trials?” Law Professor Julian Ku, writing at the blog “Opinio Juris,” offers these thoughts on Hamdan v. Rumsfeld, argued today in the D.C. Circuit.
“e-shaming and lawyer conduct”: It took me a month to find this interesting post published at the blog “f/k/a,” but the post remains very much worth a look.
“O’Shea case leads to Justice probe; Bogus attorney’s former boss accused of working with suspended law license”: Two Sundays ago, The Monterey County Herald published an article that begins, “The halls of justice in Washington continue to be shaken by the case of Margaret O’Shea, the Central Coast woman who worked as an unlicensed attorney for both the U.S. Department of Justice and the Monterey County Public Defender’s Office.”
And in even earlier coverage, that newspaper previously published articles headlined “DA to prosecute unlicensed former defender, judge rules” and “Ruling set in O’Shea case; Should DA prosecute ex-public defender?”
“Confronting the Judicial War on Faith”: That’s the title of a conference underway today and tomorrow in Washington, DC. C-SPAN is televising a part of today’s proceedings live. Rick Scarborough, interim chair of Judeo-Christian Council for Constitutional Reformation, discussed the conference (RealPlayer required) today on C-SPAN’s “Washington Journal.”
“Court weighs legality of Guantanamo tribunals; Panel to decide whether al-Qaida suspects get Geneva protections”: Tom Curry, national affairs writer for MSNBC, provides this report on today’s oral argument in the U.S. Court of Appeals for the D.C. Circuit.
“Supreme Court to weigh appeal of trust lawsuit”: Indianz.Com provides this report.
“Patent Case Turns Sticky for Smucker”: This article (pass-through link) appears today in The Wall Street Journal. And yesterday’s WSJ preview (via The Arkansas Democrat-Gazette) was headlined “Court case: Is patent a goober? Peanut butter, jelly sandwich is at issue.”
Pete Williams, justice correspondent for NBC News, reports that “Smuckers in legal jam over PB&J patent; Government disputes company’s claim to unique sandwich style.”
The Akron Beacon Journal reports today that “Smucker defends patent on PB&J; Firm argues method of sealing is unique.”
And “Patently-O: Patent Law Blog” has a post today titled “Federal Circuit Judge Admits that Family Member is Infringing PBJ Claims.” The judge’s prompt recusal is now expected.
The Associated Press is reporting: Now available online are articles headlined “Detainee’s Right to Be at Trial Questioned“; “Judge: Ga. Shootings Report Can Be Opened“; and “Judge: Pentagon Can Resume Anthrax Shots.”
“No nukes: To end the filibuster would be a huge mistake.” This editorial appears today in The Pittsburgh Post-Gazette.
The subject of judicial filibusters is also discussed in Howard Fineman’s latest MSNBC commentary, “Faith, law and American life: How Congress and the Conclave of Cardinals will shape the next great debate.”
“Man gets wish: his execution; Some death penalty opponents say Glenn Ocha commited suicide; He said he was accepting justice.” The St. Petersburg Times contains this article today.
“Protect the Judiciary”: This editorial appears today in The Winston-Salem Journal.
“After Schiavo, GOP’s Push on End-of-Life Issues Fades”: The Los Angeles Times contains this article today.
“Midstate activist defends filibuster; Republicans consider ending obstruction of judicial nominees”: This article appears today in The Harrisburg Patriot-News.
And tomorrow’s edition of The Forward will contain articles headlined “GOP Threat To Filibuster Puts Specter On Hot Seat” and “Joe’s Filibuster Shift Shows Senate’s Polarization.”
“Bush Seeks to Overturn Army Panel Ruling”: The Associated Press reports here that “The Bush administration is struggling to put military commission trials back on track at Guantanamo Bay Naval Base in the face of a legal challenge by a detainee who was Osama bin Laden’s personal driver.”
“The Supreme Court Considers Legislation on Prisoners’ Religious Requests: Interpreting the Religious Land Use and Institutionalized Persons Act.” FindLaw columnist Marci Hamilton has this essay today.
“40 Years for Plot to Murder Judge; White supremacist Matthew Hale was sentenced soliciting a crony to kill Joan Humphrey Lefkow, who had ruled against him”: This article appears today in The Los Angeles Times.
The Chicago Tribune reports today that “Hale gets 40 years for plot to kill judge.”
The Chicago Sun-Times reports that “Hale gets max: 40 years in prison.”
And The Peoria Journal Star reports that “Judge imposes harshest sentence on Hale; White supremacist receives 40 years for solicitation of murder.”
In today’s edition of The Wall Street Journal: Jess Bravin has an article headlined “Will Old Rulings Play a Role In Terror Cases?” along with related online exclusives headlined “Military Commissions, Then and Now” and “What War Captives Faced In Japanese Prison Camps, And How U.S. Responded.”
In other news, “Republicans Splinter On Bush Agenda; Poll Finds Rifts Opening Over Social Security, Judicial Filibusters, Schiavo Case.” Results from the Wall Street Journal/NBC News poll can be accessed here.
And finally, “Small Change by U.S. News Leads To New Controversy in Law School Rankings.” The article refers to Brian Leiter as “Bob Leiter.”
