How Appealing



Friday, August 19, 2005

“Student Wins Verdict Over T-Shirt Flap; Student’s T-Shirt Called Homosexuality A Sin”: The Associated Press provides this report. My earlier coverage is here.

Posted at 3:48 PM by Howard Bashman



“Judges now free to speak their mind; Jurists may respond to questionnaires if they choose”: The Anchorage Daily News yesterday contained an article that begins, “A rule barring state judges from expressing opinions on controversial issues outside the courtroom is unconstitutional, according to a ruling issued by a federal judge in Anchorage.”

You can access the recent ruling of the U.S. District Court for the District of Alaska at this link.

Posted at 3:22 PM by Howard Bashman



“In search of meatier memos from Roberts; Liberal and environmental groups seek documents from stint as deputy solicitor general; Bush and Specter oppose release of such memos”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 3:10 PM by Howard Bashman



“Court reverses $1 bil. State Farm verdict”: This article appears today in The Chicago Sun-Times.

The Chicago Tribune today contains articles headlined “State Farm ruling tossed out by court; $1.18 billion judgment overturned; decision could cut class actions” and “Cigarette case before court; Altria stock boosted by State Farm ruling.”

The St. Louis Post-Dispatch contains articles headlined “Illinois high court rejects award against State Farm” and “Aftermarket parts debate has raged for years.”

The Los Angeles Times reports that “Verdict Against State Farm Is Tossed; Illinois Supreme Court rejects plaintiffs’ class status in a $1-billion auto parts case.”

And The Madison County Record reports that “Illinois Supreme Court’s ‘Avery’ decision rips through appellate court.”

Posted at 3:05 PM by Howard Bashman



“Vioxx Maker Found Liable in Man’s Death”: The Associated Press provides this report, which notes that the jury awarded damages totaling $253.4 million.

Posted at 3:00 PM by Howard Bashman



The religion of atheism: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has reinstated a prison inmate’s federal civil rights claim alleging that a Wisconsin correctional institution violated the inmate’s rights under the establishment clause of the First Amendment when the prison refused to allow the inmate to create an inmate study group devoted to atheism. You can access today’s ruling at this link.

Posted at 1:33 PM by Howard Bashman



“The People’s Court — Ed Helms takes a look at the f*#@ing awesome job Supreme Court nominee John Roberts might score.” Be sure not to miss this video clip (Windows Media) from “The Daily Show With Jon Stewart” (via “Bench Memos“).

Posted at 12:24 PM by Howard Bashman



“Unfounded Fodder: The zealots behind Justice Sunday II are selling their vision of the Constitution to an unwitting public; Liberals need to pitch their own.” Adele M. Stan has this essay online at The American Prospect.

Posted at 9:40 AM by Howard Bashman



“Nominee’s Memos Critical of Gender-Equality Efforts”: David G. Savage has this article today in The Los Angeles Times, which also reports that “Reagan Files Paint Court Nominee as a Watchdog.”

In The Chicago Tribune, Naftali Bendavid and Jan Crawford Greenburg report today that “Critics say women’s issues could be pitfall for Roberts.”

In The Pittsburgh Post-Gazette, Michael McGough reports that “Roberts data hit gender equality issue.”

In The Boston Globe, Charlie Savage and Rick Klein report that “Roberts, as Reagan aide, backed national ID card; Trove of judge’s papers released.”

USA Today contains articles headlined “Roberts argued for national ID card in 1983; Records show bit of independent streak” and “It’s quite a fight, and some of it’s about nominee; Groups concentrate on firing up backers and raising money for the next battle.”

Newsday contains an article headlined “Conservative memos.”

The San Francisco Chronicle contains an article headlined “Boxer and Feinstein: Two pro-choice senators, two views of John Roberts.”

The Easton (Pa.) Express-Times contains an article headlined “A Supreme Debate: Upcoming Roberts hearings ignite controversy and speculation about abortion laws changing.”

And FOXNews.com provides a report headlined “Roberts’ Shepherd Hopes to Lead to the Supreme Court.”

In commentary, The Des Moines Register contains an editorial entitled “Roberts appears a lock, but give him due scrutiny; Public deserves vetting of his views on fundamental rights.”

In The Washington Post, Dana Milbank’s “Washington Sketch” column is entitled “Newshounds on the Paper Chase.” And U.S. Senator Edward M. Kennedy has an op-ed entitled “Why Roberts’s Views Matter.”

Finally, FindLaw commentator Vikram David Amar has an essay entitled “More on the Propriety of Asking Judge Roberts to Comment on Specific Past Supreme Court Rulings.”

Posted at 6:54 AM by Howard Bashman



“Olson helping Kansas defend death penalty”: The Kansas City Star today contains an article that begins, “Attorney General Phill Kline has recruited one of the country’s legal heavyweights to help defend the Kansas death penalty law before the U.S. Supreme Court.”

Posted at 6:50 AM by Howard Bashman



“Court sides with Navy in dispute over abortion; Judges couldn’t consider fact that deformed fetus would die”: The Seattle Post-Intelligencer contains this article today.

The New York Times reports today that “Court Rules U.S. Need Not Pay for Abortion of Doomed Fetus.”

The Los Angeles Times reports that “Court Upholds Restrictions on Pentagon Coverage of Abortions; The medical plan won’t pay for a sailor’s wife’s procedure; Her fetus had a fatal birth defect.”

And in The San Francisco Chronicle, Bob Egelko reports that “Navy wins appeal in abortion case; Woman must pay, even though fetus was nonviable, because her life wasn’t in danger.”

Posted at 6:45 AM by Howard Bashman



Thursday, August 18, 2005

Available online from law.com: Shannon P. Duffy reports that “Owens Corning Bankruptcy Consolidation Reversed.”

In other news, “11th Circuit Skeptical of Fired BellSouth Attorney’s Bias Claims; Appeal highlights company’s diversity program.”

An article headlined “Calif. Court: Judicial Immunity No Shield for Thuggery” reports on yesterday’s ruling of the California Court of Appeal for the Third Appellate District.

And finally, as noted here, “The Volokh Conspiracy” is no longer a part of the law.com blog network.

Posted at 11:22 PM by Howard Bashman



“Newly released documents portray Roberts as brash, conservative”: Stephen Henderson, William Douglas and Shannon McCaffrey of Knight Ridder Newspapers provide this report.

Posted at 8:15 PM by Howard Bashman



“Democrats struggle to find chinks in Roberts’s armor; For liberal activists who have been waiting for a confirmation battle, Roberts is proving a difficult target”: This article will appear Friday in The Christian Science Monitor.

Posted at 8:05 PM by Howard Bashman



Today’s rulings of note from the U.S. Court of Appeals for the Second Circuit: Disagreement between panels and members of a panel seems to be the rule of the day in the two opinions I find of interest.

In an immigration removal appeal, the majority’s recognition that the state law offense of “attempted reckless assault” appears to involve an incoherent crime has precipitated a spirited dissent, which notes that “When judges raise an issue sua sponte and consider it without briefing, no one should be surprised that the issue seems to them to be ‘clear-cut.'” You can access the complete ruling at this link.

In a separate decision issued today, a panel expressly and unanimously disagrees with the ruling of an earlier divided panel that controls the result reached in today’s decision. Today’s opinion begins: “Child pornography is so repulsive a crime that those entrusted to root it out may, in their zeal, be tempted to bend or even break the rules. If they do so, however, they endanger the freedom of all of us.” I previously noted the earlier panel’s ruling in a post you can access here.

Posted at 5:55 PM by Howard Bashman



“Roberts Disparaged States’ Sex-Bias Fight”: David Espo of The Associated Press provides a report that begins, “Supreme Court nominee John Roberts disparaged state efforts to combat discrimination against women in Reagan-era documents made public Thursday, and wondered whether ‘encouraging homemakers to become lawyers contributes to the common good.’ A young White House lawyer at the time, Roberts also criticized a crime-fighting proposal by Sen. Arlen Specter as ‘the epitome of the “throw money at the problem”‘ approach.”

Posted at 5:48 PM by Howard Bashman



“U.S. court to change ‘gag order’ proposal; The new restrictions could have been worded better, says Chief U.S. District Judge Ernest C. Torres, adding that ‘Some people seem to be paranoid on this'”: This article appears today in The Providence (R.I.) Journal. And The Associated Press reports that “Judge open to changing proposal to restrict court information.”

Comments that the U.S. District Court for the District of Rhode Island received on the proposed local rule can be viewed via this link, while the rule itself can be accessed via this link.

Posted at 5:40 PM by Howard Bashman



“Did fiery essay get author fired? Allstate denies axing worker over anti-gay writing on the Web.” This article appears today in The Chicago Tribune.

According to the article (which is also available here via Newsday), “Barber filed a lawsuit in May in federal court in Chicago alleging that Allstate’s action constituted discrimination on the basis of religion, a novel argument, some legal experts said. He is represented by David Gibbs III of the Florida-based Christian Law Association, which represented Terri Schiavo’s parents in their high-profile efforts to prevent her feeding tube from being removed.”

Posted at 3:04 PM by Howard Bashman