How Appealing



Thursday, August 18, 2005

Unanimous three-judge Ninth Circuit panel upholds as lawful Congress’s prohibition in military health care on the use of federal funds for “abortions except where the life of the mother would be endangered”: You can access at this link today’s decision, which reverses a Seattle-based federal district court’s ruling that required the federal government to pay for an abortion to be performed on the pregnant wife of a naval enlisted man after the fetus the wife was carrying was diagnosed as anencephalic. As the opinion explains, “Anencephaly is an ultimately and unequivocally fatal birth defect.”

Posted at 1:55 PM by Howard Bashman



“Altria shares at record high on State Farm ruling”: Reuters provides a report that begins, “Altria Group Inc. stock hit an all-time high on Thursday after the Illinois Supreme Court threw out a verdict against State Farm Insurance in a case some hoped would give clues as to how the court will rule on a $10.1 billion verdict against the cigarette maker.”

Posted at 12:30 PM by Howard Bashman



“Parents can share Wicca with son; Ruling shielding child from beliefs overruled”: This article appears today in The Indianapolis Star. My earlier coverage is here.

Posted at 12:22 PM by Howard Bashman



“Property rights vs. battling blight: Lawmakers hear proposals to keep a lid on home seizures after a key U.S. Supreme Court ruling.” Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper.

Posted at 11:34 AM by Howard Bashman



“Progress for America today launched a video highlighting Ruth Bader Ginsburg’s fair treatment during her 1993 confirmation hearings”: Progress for America has issued a press release announcing the online availability of its newest video.

Posted at 10:44 AM by Howard Bashman



“California Supreme Court is Making a Mess of California’s Initiative Law”: Via this post, you can access online Law Professor Rick Hasen’s op-ed that appeared yesterday in The Daily Journal of California.

Posted at 9:28 AM by Howard Bashman



Offspring with superpowers: “How Appealing” readers will notice something familiar on page two of the October 2005 issue of Marvel Adventures “Fantastic Four” #3, which arrived on newsstands yesterday.

Posted at 7:50 AM by Howard Bashman



“Roberts meeting ‘illegal’; Legal ethicists say White House interview jeopardized judge’s impartiality in a case on military tribunals”: Newsday contains this article today.

In The Los Angeles Times, David G. Savage reports today that “Ginsburg Nomination Cited as Example; GOP says John Roberts should be confirmed to the Supreme Court as easily as she was in ’93.”

In The Boston Globe, Rick Klein and Charlie Savage report that “Leading liberal groups likely to fight Roberts; Consider launching campaign to portray court pick as extremist.”

The New York Times reports that “Archives Investigates Loss of Roberts File.”

And The Salt Lake Tribune reports that “LDS apostle was studied for ’81 court; Promise: Reagan concentrated on women to fill the seat and to fulfill a campaign pledge; Dallin Oaks: The Utahn was among the few candidates before Reagan picked O’Connor.”

In commentary, The Washington Times contains an editorial entitled “Durbin got it wrong on Roberts.”

The News Journal of Wilmington, Delaware contains an editorial entitled “Pay for the privilege of anointing the next Supreme Court justice.”

And FindLaw commentator Edward Lazarus has an essay entitled “Why Liberals Are Wrong to Castigate the Right Wing For Its Critique of the Judiciary: Some of the Critique of ‘Justice Sunday II’ Rings True, Regardless of One’s Politics.”

Posted at 6:32 AM by Howard Bashman



“Flag-case prosecution spurs concern; Justices assail state because Utah law is unconstitutional”: This article appears today in The Deseret Morning News.

Posted at 6:25 AM by Howard Bashman



Wednesday, August 17, 2005

Boston University School of Law’s Journal of Science and Technology Law to host blogging colloquium: Denise Howell provides the details (including a link to that law journal’s call for papers) in this post at “Between Lawyers.”

Posted at 11:54 PM by Howard Bashman



“10th Circuit Panel Hears Flag Desecration Case”: The Associated Press provides a report that begins, “Utah’s statute banning the desecration of the American flag limits freedom of speech and is overly broad, a defense attorney argued Wednesday before a panel of judges from the 10th U.S. Circuit Court of Appeals.” The article later notes that “Barnard appealed to judges Monroe McKay, Michael McConnell and Timothy Tymkovich, on behalf of Kris Winsness, who was charged with a class B misdemeanor after burning the image of a ‘smiley face’ into a flag which he hung on his home.”

Posted at 11:40 PM by Howard Bashman



“John G. Roberts Dossier: Files From the Reagan Library.” Thanks to The Washington Post, you can access online via this link the documents that the Ronald Reagan Presidential Library released on Monday of this week.

Posted at 10:40 PM by Howard Bashman



“Roberts gets bar association’s top rating; Senate Judiciary Committee outlines hearing schedule”: CNN.com provides this report.

Posted at 10:27 PM by Howard Bashman



“Appeals Court Tosses Judge’s Wiccan Order”: The Associated Press reports here that “A judge who ordered two Wicca believers to shield their son from their ‘non-mainstream’ faith overstepped his authority, an appeals court said Wednesday in dismissing the order.” You can access today’s ruling of the Indiana Court of Appeals at this link.

Posted at 10:00 PM by Howard Bashman



“Prosecution must prove death row defendant not mentally retarded”: The Associated Press reports here that “Prosecutors seeking the death penalty in New Jersey must prove defendants who claim they are mentally retarded have the mental capacity that allows them to be executed, a court ruled Wednesday.”

You can access today’s ruling of the Appellate Division of the New Jersey Superior Court at this link.

Posted at 8:15 PM by Howard Bashman



“Durbin, Again: The Illinois Democrat makes another mess for himself.” Yesterday, National Review Online posted an essay by Stephen Spruiell that begins, “The story unfolding over George Washington University law professor Jonathan Turley’s dispute with Sen. Dick Durbin’s office over John Robert’s [sic] religious convictions took a new turn Monday when Charles Hurt of the Washington Times reported on a letter that Turley sent to Durbin’s office in an effort to set the record straight.”

The letter from Law Professor Jonathan Turley to U.S. Senator Dick Durbin (D-IL) can be accessed here. Turley’s op-ed giving rise to this controversy can be accessed here and here.

Posted at 5:22 PM by Howard Bashman



“Incomparable Nonsense: Feminists try to hit John Roberts in the pocketbook.” Carrie Lukas has this essay today at National Review Online.

Posted at 4:42 PM by Howard Bashman



“Judicial Activism: The ‘Save the Court’ movement comes to Nashville.” This article appears in the current issue of Nashville Scene.

Posted at 3:58 PM by Howard Bashman