How Appealing

Monday, May 9, 2005

“UMFK’s 123rd class graduates; Chief justice of Canada’s Supreme Court urges respect for others”: This article appears today in The Bangor (Me.) Daily News.

Posted at 11:38 PM by Howard Bashman

“Bethlehem church suit may break legal ground; Music director sought medical leave; Our Lady of Perpetual Help cites ‘ministerial exception'” This article appears today in The Allentown Morning Call.

Posted at 11:34 PM by Howard Bashman

“Republican Suggests a Judicial Inspector General”: This article will appear Tuesday in The Washington Post.

And Jesse J. Holland of The Associated Press has a report that begins, “House Judiciary chairman James Sensenbrenner urged Congress on Monday to create a government watchdog for the federal judiciary, but he also said lawmakers should ignore conservative calls to weaken courts because of federal judges’ decisions during the Terri Schiavo case.”

Posted at 11:22 PM by Howard Bashman

“Filibusters: Two Wrongs Won’t Make Things Right.” Stuart Taylor Jr. has this essay in today’s issue of National Journal.

Posted at 11:12 PM by Howard Bashman

“Judges’ de facto partners given right to access pensions”: The Age of Melbourne, Australia contains an article in Tuesday’s edition that begins, “Partners of gay judges in Victoria will for the first time gain access to pension entitlements if their de facto dies.”

Posted at 11:05 PM by Howard Bashman

“Jockeying Intensifies in Battle Over Judicial Nominees”: Tuesday’s edition of The New York Times will contain this article.

The Chicago Tribune on Tuesday will report that “Administration pushes Senate to give nominees up-or-down vote.”

In Tuesday’s edition of The Philadelphia Inquirer, Dick Polman will report that “Heat from both sides leaves Frist frozen in middle of filibuster flap.”

Tuesday’s edition of The Hill will contain articles headlined “Judicial resolution still out of reach” and “Pryce to rally for female judicial nominees.”

The San Antonio Express-News provides an update headlined “Democratic leader offers to help confirm Bush judicial nominee as goodwill gesture.”

And in Tuesday’s edition of USA Today, Ross K. Baker will have an op-ed entitled “Filibuster standoff: A battle not worth the winning.”

Posted at 10:40 PM by Howard Bashman

“Bid to put limit on pepper spray; 8 Humboldt County activists ask judge to ban use at protests”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The eight anti-logging protesters who won a jury verdict, and $8 in damages, for having their eyes swabbed with liquid pepper spray will now ask a federal judge to ban police use of the caustic chemical against nonviolent demonstrators in Humboldt County.”

Posted at 9:02 PM by Howard Bashman

“State Supreme Court declines to delay serial killer’s execution”: In news from Connecticut, The AP reports here that “The state Supreme Court on Monday again upheld serial killer Michael Ross’ decision to end his appeals, dismissing the most significant impediment to New England’s first execution in 45 years.”

Posted at 8:55 PM by Howard Bashman

“Some senators seek compromise in judicial nominee deadlock”: James Kuhnhenn of Knight Ridder Newspapers provides this report.

Thomas Ferraro of Reuters reports that “U.S. Republicans demand votes on judicial nominees.”

Voice of America News reports that “Partisan Battle Over Judicial Nominations Heats Up in US Congress.”

And Tuesday’s edition of The Milwaukee Journal Sentinel will contain an editorial entitled “Forgoing the nuclear option.”

Posted at 8:18 PM by Howard Bashman

UPI senior political analyst Peter Roff on the so-called “nuclear option”: His essay from this afternoon contains some interesting details and analysis.

Posted at 4:34 PM by Howard Bashman

“Unprepared: In his new book, Richard Posner says trying to prevent terrorism isn’t always smart.” Online today at The New Republic, Joshua Brook has this review of Seventh Circuit Judge Richard A. Posner‘s new book, “Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11.”

Today’s review notes that “The book’s first section expands on Posner’s August 2004, article, ‘The 9/11 Report: A Dissent,’ published in The New York Times Book Review.” That article from Judge Posner can be accessed here.

Posted at 4:05 PM by Howard Bashman

Recess appointment constitutional; strip search unconstitutional: Today the en banc U.S. Court of Appeals for the Eleventh Circuit issued its ruling on the merits of a case in which that court had earlier issued an en banc ruling upholding the constitutionality of Circuit Judge William H. Pryor, Jr.‘s recess appointment.

For what it’s worth, today’s en banc ruling, in which Judge Pryor joined, is more favorable to the plaintiffs asserting civil rights claims than was the three-judge panel’s original ruling, in which Judge Pryor played no role.

Posted at 4:00 PM by Howard Bashman

Being charged $1 per day to reside in Hampton Roads, Virginia is a bargain, rather than unconstitutional punishment, Fourth Circuit concludes: The U.S. Court of Appeals for the Fourth Circuit today issued an opinion that begins:

Calvin Slade, a pretrial detainee at the Hampton Roads Regional Jail (the Jail) in Virginia, appeals the dismissal of his 42 U.S.C.A. sec. 1983 (West 2000) complaint. On appeal, Slade asserts that the Jail’s policy of charging a pretrial detainee one dollar per day to help defray his cost of housing violates the Due Process Clause of the Fourteenth Amendment, as well as the Takings Clause of the Fifth Amendment as incorporated by the Fourteenth Amendment. Because the charge does not amount to punishment, however, we hold that it does not violate Slade’s due process liberty right to be free from punishment before conviction. We also conclude that Slade failed to plead violations of either the Procedural Due Process Clause or the Takings Clause.

You can access the complete ruling at this link.

Posted at 3:45 PM by Howard Bashman

The wire services are reporting: Jesse J. Holland of The Associated Press reports that “Reid Offers Olive Branch on Bush Nominee.” The article begins, “Senate Democratic leader Harry Reid on Monday offered the Democrats’ support for one of President Bush’s judicial nominees, former Senate lawyer Thomas Griffith, as a goodwill gesture in the confrontation over banning judicial filibusters.” Last month, I reported here that D.C. Circuit nominee Thomas B. Griffith appeared to have a smooth path ahead toward confirmation.

In other news, The AP reports that “N.C. Anti-Cohabitation Law Under Attack.”

Reuters, meanwhile, offers reports headlined “Sen. Kennedy sees tough road for asbestos bill” and “Suit: Wal-Mart fired woman who reported harassment.”

Posted at 3:34 PM by Howard Bashman

“Your OFFICIAL program to the Scopes II Kansas Monkey Trial: This week’s debate over evolution is Kansas’ trial of the century!” This lengthy article appears in the current issue of The Pitch of Kansas City, Missouri.

Posted at 1:50 PM by Howard Bashman

“Pressure builds on Frist over judges; Conservative groups urge Senate vote this week on ending filibusters of Bush appeals court nominees”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 12:50 PM by Howard Bashman