How Appealing

Thursday, May 26, 2005

Around the bloggerhood: Let me join those welcoming “Milbarge” back to the “Begging The Question” blog by noting his interesting recent post titled “Ethics and Grand Jury Nullification.”

Thanks to Evan Schaeffer for his kind mentions of one of my monthly appellate columns originally published some time ago.

And my “20 questions for the appellate judge” interview with Circuit Judge William Curtis Bryson of the U.S. Court of Appeals for the Federal Circuit has been noted on a blog named “Just Patent.” The blog is mostly in one of those foreign languages that I can neither read nor understand (unlike “Patently-O: Patent Law Blog,” for example, which I can at least read).

Posted at 10:54 PM by Howard Bashman

Surely the Friday before the Memorial Day holiday is not a date on which a U.S. Supreme Court Justice would announce plans to retire: But it’s been so long since one has announced retirement plans, who can remember what’s appropriate?

Posted at 10:12 PM by Howard Bashman

Available online from Tony Mauro has an article headlined “Laurence Tribe’s Big Surprise.”

In other news, an article is headlined “Does the Judiciary Need a Watchdog? Rep. Sensenbrenner thinks it might.”

An article reports that “Court Transcripts’ Finer Points Reveal ‘Ho’ Story.”

In news from New York, “After Shackle Ruling, Judge Weighs Dismissal of 9/11-Related Charges.”

And an article reports that “A Small Town’s Big Verdict Leads to Ugly Charges; Texas judge rejects Ford’s charge that juror’s link with attorney tainted jury.”

Posted at 10:00 PM by Howard Bashman

“Casino verdict could be state’s largest; Post-trial legal moves may whittle amount”: This article appears today in The Milwaukee Journal Sentinel.

Posted at 6:00 PM by Howard Bashman

“Federal appeals courts increasingly the final stop in legal battles”: Stephen Henderson of Knight Ridder Newspapers provides this report.

A longer version of this article published online by regional Knight Ridder affilliates (see here, for example) contains a glaring error, attributing to Fourth Circuit nominee Terrence W. Boyle the Eleventh Circuit‘s ruling in the Florida homosexual adoption case, when in fact Judge Boyle had nothing to do with the case. [Update: The error is now corrected (for the most part)!]

Posted at 5:30 PM by Howard Bashman

“Two Bush Nominees Get Panel’s Quick OK”: Jesse J. Holland of The Associated Press has an article that begins, “Two of President Bush’s blocked judicial nominees who were cleared for confirmation by this week’s Senate compromise on filibusters got quick approval Thursday by the Senate Judiciary Committee. The nominations of Richard Griffin and David McKeague for the 6th U.S. Circuit Court of Appeals in Cincinnati were approved by voice vote in the committee without debate.”

The article also reports that “Votes on North Carolina judge Terrence Boyle and White House staff secretary Brett Kavanaugh, who also want lifetime seats on the U.S. Appeals Court, were delayed by the committee.”

Posted at 3:00 PM by Howard Bashman

“Bonds ball co-owner loses his court case”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “One of the fans who split the proceeds from Barry Bonds’ record-setting 73rd home run ball has whiffed in an attempt to keep the money away from his former lawyer.”

Posted at 2:55 PM by Howard Bashman

“Defining parent is at heart of case; Justices hear arguments of six women seeking to claim or renounce kids from lesbian unions”: Claire Cooper, legal affairs writer for The Sacramento Bee, had this article yesterday in that newspaper.

Posted at 12:45 PM by Howard Bashman

“Senate confirms Owen; Landrieu one of two Demos to vote yes”: This article appears today in The Times-Picayune.

In USA Today, Joan Biskupic reports that “Owen to join court tough on death penalty; 5th Circuit doesn’t stand apart on other issues.”

The Ithaca Journal reports that “Schumer says ideology still will matter with court nominees.”

The Washington Post today contains a front page news analysis headlined “GOP Tilting Balance Of Power to the Right.”

The Washington Times today contains articles headlined “Senate confirms Owen to federal appeals bench“; “Group of 14 sees role as temporary“; and “Bush makes most of Senate deal.”

Yesterday’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a lengthy segment entitled “Senate Confirms Owen
to Federal Appeals Court
” (transcript with link to audio).

Knight Ridder Newspapers provide articles headlined “Republican Party shows cracks after moderates’ show of force” and “Congressional setbacks, low ratings could limit Bush’s effectiveness.”

The University at Buffalo Reporter contains an article headlined “Judicial nominations will continue to be intense battleground, UB expert says.”

In commentary, The Mobile Register today contains an editorial entitled “Senate’s agreement is shameful and unfair.”

The Capital Times of Madison, Wisconsin contains an editorial entitled “Giving in to blackmail.”

The Sun News of Myrtle Beach, South Carolina contains an editorial entitled “Reclaiming the Center: Graham shines in helping avert judicial filibuster crisis.”

The New Republic has posted online an editorial entitled “Moderate Excess: Why the filibuster deal is a sham.”

The Times Argus of Barre, Vermont contains an editorial entitled “The moderate 14.”

The Bradenton Herald contains an editorial entitled “Profile in courage: ‘Fearless Fourteen’ kept Senate from imploding.”

The Sarasota Herald-Tribune contains an editorial entitled “A temporary reprieve: Compromise preserves filibuster rule, but for how long?

The Santa Cruz Sentinel contains an editorial entitled “The mainstream press likes the recent Senate compromise; But other commentators feel the opposite.”

At, Sidney Blumenthal has an essay entitled “Bush the despot: The Senate’s compromise on the filibuster won’t stop the president’s quest for absolute power.”

In The Whittier Daily News, Cokie Roberts and Steven V. Roberts have an op-ed entitled “Compromise shouldn’t be considered a dirty word in politics.”

Online at The Weekly Standard, Hugh Hewitt has an essay entitled “Non-Nuclear Fallout — Winners, losers, and more: The aftermath of a sell-out.”

The Washington Times contains an op-ed by Donald Lambro entitled “Not just about filibusters” and an op-ed by David Limbaugh entitled “Compromise or cop-out?

In The Oregonian, columnist David Reinhard has an op-ed entitled “Such a deal! Here come da judges.”

In The San Francisco Chronicle, columnist Debra J. Saunders has an essay entitled “Gang of 14, plus 86 midgets.”

In The Rocky Mountain News, Vincent Carroll has an essay entitled “Brown the barometer.”

In The Arkansas Democrat-Gazette, Bradley R. Gitz has an op-ed entitled “A deal to be broken.”

In The Washington Examiner, Kathy Cacace has an op-ed entitled “Britney can show senators how to be more filibust-y.”

Posted at 11:10 AM by Howard Bashman

Fuzzy image equals fuzzy logic? A few days ago, I noted here that “SCOTUSblog” had posted online an admittedly blurry PDF of Law Professor Laurence H. Tribe‘s letters explaining his decision not to proceed with Volume II of his treatise, “American Constitutional Law.”

The Green Bag has now posted online a much larger PDF file containing a less blurry image of Professor Tribe’s letters. Upon learning of Professor Tribe’s decision last week, I decided to try my hand at drafting the second volume of that treatise, and I’m pleased to report that the effort is already quite close to completion. Upon completion, I will be distributing that volume in a method similar to The Green Bag’s method for distributing the Justice Antonin Scalia bobblehead doll.

Posted at 10:20 AM by Howard Bashman

In re Green Bag Justice Antonin Scalia Bobblehead Doll Mass Tort Litigation: To the anticipated outrage of many, merely subscribing to The Green Bag no longer suffices to obtain a Justice Scalia bobblehead doll, as explained here. I guess this will push eBay auction prices for the doll through the roof.

P.S. Nevertheless, you must applaud The Green Bag’s sense of irony in making the Scalia bobblehead the most fragile doll of the series thus far.

Posted at 9:50 AM by Howard Bashman

“Judge’s Ethics Questioned”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “The federal judge who threatened the law license of serial killer Michael Ross’ attorney filed a court document in Ross’ case before the state Supreme Court in 1992 while still practicing as a lawyer.”

Posted at 9:20 AM by Howard Bashman

Criminal defendants and their actual but unreasonable beliefs that self-defense or the use of deadly force in defense of another is necessary: At 1 p.m. eastern time today, the Supreme Court of California is scheduled to issue two interesting decisions in cases presenting the issues described here.

Posted at 8:25 AM by Howard Bashman

“For a New Judge, Self-Reliance in Her Life and in the Law”: Today in The New York Times, David D. Kirkpatrick has an article that begins, “When the Senate asked Justice Priscilla R. Owen for the most significant opinions she had written on the Texas Supreme Court, she provided a list with a distinctive theme: tough.”

In The Washington Post today, columnist George F. Will has an op-ed entitled “‘Extraordinary’ Rhetoric.”

And today in The Los Angeles Times, Margaret Carlson has an op-ed entitled “Sparring for ’08 in the Filibuster Fight.”

Posted at 8:00 AM by Howard Bashman

“Owen wins OK after 4-year battle; In a tenuous truce, the Senate confirms the Texas judge to the federal bench”: This article appears today in The Houston Chronicle.

The Fort Worth Star-Telegram reports today that “Priscilla Owen wins fight for confirmation.”

The Austin American-Statesman reports that “Senate approves Owen for federal court; Opening on Texas Supreme Court is opportunity for Perry.”

And The San Antonio Express-News reports that “Texas judge’s ‘long road’ finally ends.”

Posted at 7:00 AM by Howard Bashman

“Judge: Parents can’t teach pagan beliefs; Father appeals order in divorce decree that prevents couple from exposing son to Wicca.” The Indianapolis Star contains this article today.

Posted at 6:24 AM by Howard Bashman