How Appealing

Friday, May 27, 2005

Fifth Circuit upholds anti-abortion group’s victory in suit challenging University of Texas at Austin’s “Literature Policy” as an unconstitutional restriction on anonymous speech in a designated public forum: You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Even before today’s ruling, this dispute has received quite a bit of press coverage. In October 2002, Alliance Defense Fund issued a press release titled “Students sue the University of Texas and 18 officials for censoring free speech.”

The Associated Press reported in October 2002 that “Abortion foes challenge rules on campus demonstrations, exhibits.”

The Daily Texan reported in November 2003 that “Free speech lawsuit continues“; in April 2004 that “UT appeals decision on campus fliers; Court rules nonstudents can distribute leaflets on campus“; and in March 2005 that “Anti-abortion display returns to UT; 2 student groups protest images of aborted fetuses outside Gregory Gym.”

The web site of the organization that has brought this free speech lawsuit as plaintiff can be accessed here.

Posted at 11:23 PM by Howard Bashman

“Appeals panel OKs state’s TennCare procedures”: The Nashville Business Journal reports here that “An appeals court panel has upheld the state’s procedure for removing enrollees from TennCare, overturning a lower court decision. The three-judge panel ruled the state doesn’t need to have a hearing for each recipient before dropping them from the program. Gov. Phil Bredesen is seeking to drop hundreds of thousands of enrollees in an effort to reign in costs at the state Medicaid program.”

You can access this afternoon’s per curiam ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 11:00 PM by Howard Bashman

“Nude photos, Yahoo pledge produce a suit; A woman’s $3 million claim says the Web portal won’t halt an ex-boyfriend’s ongoing vendetta”: This article appears today in The Oregonian.

Posted at 3:40 PM by Howard Bashman

“Reid takes control of Frist’s Senate; A maddening week for the majority leader”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 3:30 PM by Howard Bashman

California appellate court provides even one more reason not to brutally assault individuals of Hmong origin: Today’s edition of The Recorder of San Francisco, California contains an article that begins, “Restitution took on a new meaning Thursday when a state appeal court ordered a man who beat up three Hmong men to repay them for the costs of sacrificial cows, pigs and chickens.” The animals were slaughtered on behalf of the victims in a ceremony intended to heal the souls of those who have been injured.

You can access yesterday’s ruling of the California Court of Appeal for the Third Appellate District at this link.

Posted at 3:00 PM by Howard Bashman

“Justices Debate Country Club’s Marriage Rule; High Court Strives To Recognize Rights of Same-Sex Couple”: This article appears today in The Daily Journal of California.

Posted at 2:40 PM by Howard Bashman

Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined “Supreme Court reviews same-sex discrimination case; Country club denied family membership to lesbian couple” and “High court grants killer new trial; Burglar shot victim as he beat man who helped steal speaker.”

In connection with the second of those two articles, you can access online yesterday’s ruling of the Supreme Court of California at this link. Justice Janice Rogers Brown, a D.C. Circuit nominee who is now slated to receive an up-or-down vote in the U.S. Senate, wrote both the majority opinion and a concurring opinion, as she also did in the California Supreme Court’s related imperfect self-defense ruling issued yesterday.

Posted at 10:54 AM by Howard Bashman

“Chafee’s Choices: He’s begging to be dumped.” Today at National Review Online, Timothy P. Carney and David Freddoso have an essay that begins, “If there was ever any doubt, Sen. Lincoln Chafee’s vote Wednesday against the nomination of Priscilla Owen has made it clear that, save for leadership numbers games, conservatives would not be any worse off with a Democrat than with Chafee (R., R.I.) in the Senate.”

Posted at 10:44 AM by Howard Bashman

Off-season “Grinch” arrest defended; “It’s never too early to protect children’s Christmas presents,” police chief indicates; Others condemn police as “mean one” in this saga: The Wheeling (W. Va.) News-Register yesterday contained an article headlined “City, County Attorneys Defend ‘Grinch’ Arrest.”

Posted at 9:40 AM by Howard Bashman

Will Rev. Jerry Falwell continue to be master of his domain? The U.S. Court of Appeals for the Fourth Circuit yesterday heard oral argument in a case that could be titled Falwell vs. Fallwell.

The Richmond Times-Dispatch reports today that “Appeal heard on spelling of Falwell Web site; Evangelist’s critic argues he has the right to run site named ‘’

The Associated Press reports that “Court Hears Falwell Web Domain Arguments.”

And The News & Advance of Lynchburg, Virginia yesterday previewed the oral argument in an article headlined “Web site dispute center of hearing.”

Posted at 8:50 AM by Howard Bashman

“The Frist Problem”: The Los Angeles Times contains this editorial today.

The Washington Times today contains an editorial entitled “Frist: Hold to principle.”

The Harvard Crimson contains an editorial entitled “Busting the Party Divide; The bipartisan agreement on fillibusters in the Senate is welcoming in an era of divisions.”

The Sioux City Journal contains an editorial entitled “A deal, but no victory.”

In The Washington Post, columnist Charles Krauthammer has an op-ed entitled “Profiles in Flinching.”

In The Newark Star-Ledger, columnist John Farmer has an op-ed entitled “No clear winners yet in filibuster brawl.”

In The Arizona Republic, columnist Robert Robb has an op-ed entitled “Compromise on judges is a setback for the left.”

In The Tampa Tribune, columnist Daniel Ruth has an op-ed entitled “Adults Briefly Spotted In The D.C. Beltway!!!

And in The Washington Times, R. Emmett Tyrrell Jr. has an op-ed entitled “A battle delayed“; Linda Chavez has an op-ed entitled “Bargain’s benefits“; Cal Thomas has an op-ed entitled “Minority rule…“; and Thomas Sowell has an op-ed entitled “…and ruin.”

Posted at 7:35 AM by Howard Bashman

“Court Rejects Vintner’s Bid to Use ‘Napa’; In another legal blow to Bronco, judges say wines with the name must have grapes from the region”: This article appears today in The Los Angeles Times.

In response to the decision, the Napa Valley Vintners issued a press release titled “Bronco Loss Considered Consumer Victory; Court of Appeal Rules Today in Favor of Napa Valley.”

You can access yesterday’s ruling of the California Court of Appeal for the Third Appellate District both here and here.

Posted at 7:20 AM by Howard Bashman

“Man Is Accused of Threatening Judge”: The Los Angeles Times today contains an article that begins, “A would-be screenwriter who brought an unsuccessful federal lawsuit against Creative Artists Agency has been arrested on charges of sending threatening letters to veteran U.S. District Judge Dickran Tevrizian in Los Angeles, authorities said Thursday.”

Posted at 7:04 AM by Howard Bashman