How Appealing

Friday, May 6, 2005

Available online from Tony Mauro has an article headlined “In Cochran Case, the Justices’ Silence May Be Golden.”

Jeff Chorney has an article headlined “9th Circuit Judges Take Aim at Fast-Track Law” reporting on the news I first noted here the other day.

In other news, “2nd Circuit Scuttles Class in Tobacco Litigation; Panel overturns certification in novel non-opt-out suit.” also reveals The National Law Journal‘s “40 Under 40.” Some noteworthy names on the list include Thomas C. Goldstein; Jeffrey L. Fisher; Neal Katyal; Lisa Madigan; and Jenny Martinez.

Posted at 11:55 PM by Howard Bashman

“‘Becoming Justice Blackmun’ by Greenhouse”: This interview (RealPlayer required) with Linda Greenhouse, about her new book “Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey,” appeared on Tuesday’s broadcast of the public radio program “Fresh Air from WHYY.”

The Forum of Fargo, North Dakota recently published a review of the Greenhouse book headlined “Blackmun’s journey comes to life.”

And in The Washington Post two Wednesday’s ago, Richard Leiby’s “The Reliable Source” reported on a party in honor of the book’s release in an item headlined “A Book Party Supreme.” Read the item to learn which four U.S. Supreme Court Justices attended the party.

Greenhouse will be giving a talk about her book on Wednesday, May 18, 2005 at the National Constitution Center in Philadelphia. I’m contemplating whether to attend.

On a related note, today’s broadcast of “Here and Now” contained an interview (RealPlayer required) with historian David Garrow about the conclusions he has drawn from his review of Justice Blackmun’s papers.

Posted at 11:30 PM by Howard Bashman

“Renegade Senate Republicans hold power in judicial nominees fight”: James Kuhnhenn of Knight Ridder Newspapers provides this report.

And The Las Vegas Review-Journal offers a news update headlined “Reid calls president ‘loser’” that begins, “In the course of a discussion on filibusters and Senate rules, Washington’s top Democrat gave the 60 juniors a lesson in partisan politics, particularly about the commander in chief. ‘The man’s father is a wonderful human being,’ Reid said in response to a question about President Bush’s policies. ‘I think this guy is a loser.'”

Posted at 8:50 PM by Howard Bashman

U.S. Court of Appeals for the Second Circuit rejects federal constitutional challenge to New York State law prohibiting a nonresident not employed in New York State from obtaining a license to possess a handgun within that State: The constitutional claims that the Second Circuit rejected in an opinion issued today asserted that the New York State law violated both the “right to keep and bear arms” under the Second Amendment and the Privileges and Immunities Clause of Article IV of the United States Constitution.

Posted at 4:10 PM by Howard Bashman

“Reid Says He Doesn’t Intend to Filibuster”: The Associated Press reports here that “Senate Democratic leader Harry Reid has privately told individual Republicans he doesn’t intend to block votes on any Supreme Court nominees except in extreme cases, according to officials familiar with the conversations.”

This is similar to what New York Times columnist David Brooks wrote in his op-ed from Sunday entitled “Let’s Make a Deal.”

Posted at 4:00 PM by Howard Bashman

Second Circuit reverses class action certification of a nationwide non-opt-out class of smokers seeking only punitive damages under state law for tobacco companies’ alleged fraudulent denial and concealment of the health risks posed by cigarettes: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In response to the ruling, Altria Group, Inc. has issued a press release entitled “Federal Appeals Panel Decertifies Simon Class; Philip Morris USA Says Ruling Consistent With Law.”

Posted at 3:40 PM by Howard Bashman

He refuses to give him the finger; Foreign object in custard produces case of finger-finder’s keepers, loser’s weepers: The saying “possession is nine-tenths of the law” may be tested in North Carolina, where a customer who found a severed finger in his custard is refusing to return the finger to the person on whose hand it once resided. The Associated Press is reporting that “Custard Customer Refuses to Let Finger Go.” A statement from Kohl’s Frozen Custard can be accessed here.

Posted at 11:00 AM by Howard Bashman

“The Military, the Supreme Court and a Solomonic Judgment?” Michael M. Rosen has this essay online today at Tech Central Station.

Posted at 10:44 AM by Howard Bashman

D.C. Circuit strikes down Federal Communications Commission‘s “broadcast flag” regulations: You can access today’s ruling at this link.

The FCC’s appellate brief can be accessed here. The appellate brief of the American Library Association can be accessed here, and the ALA offers much additional information about the case here.

Back in February, Declan McCullagh of c|net News.Com had an article headlined “Court questions FCC’s broadcast flag rules” reporting on the appellate oral argument in this case.

More information on what this case involves can be found an article headlined “TV Limits Copies: The FCC’s new broadcast flag will restrict your ability to copy and share your favorite digital television shows and movies” published in the June 2005 issue of PC World magazine.

Update: In early press coverage, Reuters reports that “US appeals court tosses FCC’s broadcast flag rule.”

Posted at 10:02 AM by Howard Bashman

“Filibuster Fallacy: David Brooks distorts the debate.” Peter Augustine Lawler today has this essay at National Review Online.

Posted at 8:45 AM by Howard Bashman

“Likening Brown to Thomas or Scalia Helps and Hurts”: provides this report.

The Asheville Citizen-Times reports today that “Burr says filibuster battle imminent.”

Yesterday’s broadcast of the public radio program “Here and Now” contained a segment entitled “Judicial Nominees” (RealPlayer required).

The Free Lance-Star of Fredericksburg, Virginia today contains an editorial entitled “Americans want clean vote on Bush’s judge choices.”

The Stanford Daily contains an editorial entitled “Republicans seek tyranny of the majority.”

At, Jacob Sullum has an essay entitled “Filibusters are not sacrosanct, but they’re useful.”

Today in The South Florida Sun-Sentinel, D. James Kennedy has an op-ed entitled “Will of the majority should prevail,” while David Boaz has an op-ed entitled “Founders rightly feared majoritarian tyranny.”

And in The Naples Daily News, Jay Ambrose has an op-ed entitled “The real cause for passion.”

Posted at 7:14 AM by Howard Bashman