How Appealing



Monday, November 28, 2005

“’86 Alito Memo Argues Against Foreigners’ Rights; Work for Justice Dept. Points to Views That May Affect Anti-Terrorism Rulings on High Court”: This article will appear Tuesday in The Washington Post.

Posted at 11:30 PM by Howard Bashman



In news from Great Britain: Tuesday’s edition of The Times of London reports that “Death-row Scot’s appeal overturned by Supreme Court.”

Tuesday’s edition of The Scotsman reports that “Richey thrown back on Death Row.”

Tuesday’s edition of The Independent (UK) reports that “Briton could return to death row after US court overrules decision.”

Tuesday’s edition of The Telegraph (UK) reports that “Supreme Court blocks ruling on death row Briton.”

And Tuesday’s edition of The Guardian (UK) reports that “Death row Scotsman’s conviction is upheld.”

Posted at 10:15 PM by Howard Bashman



“Gambling foes lose big hand; U.S. Supreme Court declines to hear suit challenging New York State’s right to OK casinos on Indian land”: This article will appear Tuesday in Newsday.

Posted at 10:01 PM by Howard Bashman



“Lethal landmark for America’s death penalty; Tomorrow will mark the 1,000th execution since 1977”: This article appears in Tuesday’s edition of The Telegraph (UK).

Posted at 9:55 PM by Howard Bashman



“Alito Faulted Government Ethics Office”: The Associated Press provides a report that begins, “As a Justice Department lawyer, Samuel Alito quarreled with the head of the government ethics office over proposed requirements on personal financial disclosures, according to documents released Monday.”

Posted at 4:58 PM by Howard Bashman



“Liability Waivers Flawed; Top Court Says Facilities Answerable For Negligence”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “Gregory Hanks and his children had planned a simple day of snow tubing, not launching an epic legal battle.”

Posted at 4:50 PM by Howard Bashman



“Death row Richey’s appeal setback; The US Supreme Court has overturned a decision to quash the conviction of a Briton on death row for 18 years”: BBC News provides this report.

Posted at 4:30 PM by Howard Bashman



“Campbell alumnus breaks the mold”: Campbell University today issued a news release that begins, “A military brat who never even graduated from an Ivy League school, David Bragdon was more than a little overwhelmed when he got the news he’d been selected to clerk for U.S. Supreme Court Justice Clarence Thomas.”

Posted at 4:10 PM by Howard Bashman



“Should girls have to tell their parents? Teenagers, young women weigh in on abortion case.” The Concord (N.H.) Monitor contains this article today.

Posted at 3:54 PM by Howard Bashman



“Death row: Does personal reform count? A clemency request in California revives the debate over rehabilitation’s role.” This article will appear Tuesday in The Christian Science Monitor.

Posted at 3:50 PM by Howard Bashman



“Practicing for the real thing: Mock arguments held for ‘Don’t Ask, Don’t Tell’ case headed for Supreme Court.” This article, reporting on a recent moot court appearance of mine, appeared in Bay Windows.

And on a somewhat related note, the blog “Frequent Citations” offers a post titled “Nonsense and High Ideals.”

Posted at 3:45 PM by Howard Bashman



Unanimous three-judge Second Circuit panel rejects Fourth Amendment challenge against New York’s DNA statute, which requires certain classes of convicted felons to provide DNA samples to be maintained in a state database: You can access today’s ruling at this link. The ruling totals 71 pages because each judge on the panel issued an opinion.

Posted at 3:00 PM by Howard Bashman



Jane Doe regains her anonymity [see correction appended to this post]: The U.S. Court of Appeals for the Seventh Circuit today has taken off-line the Brief for Appellant in the case I previously reported on here, here, and here. I suspect that the brief will be put back on-line once the Circuit Rule 26.1 disclosure statement revealing the plaintiff’s actual name is redacted or removed.

Correction: Further review of the Seventh Circuit’s web site discloses that all that has happened is that the court deactivated the original link for the Brief for Appellant (where that brief had been accessible since it was originally posted online in early June 2005) and last week reposted the brief (in its entirety, including the disclosure statement) at this new link.

Posted at 2:45 PM by Howard Bashman



“Law student argues before U.S. Supreme Court justice”: This article appears today in The Journal News of Westchester, New York.

Posted at 2:05 PM by Howard Bashman



Unanimous three-judge Eighth Circuit panel affirms federal district court’s grant of summary judgment holding unconstitutional Missouri’s ban on “partial-birth” abortion: You can access today’s ruling at this link.

Posted at 11:25 AM by Howard Bashman



BREAKING NEWS — “Part of Supreme Court Facade Collapses”: The Associated Press reports here that “Part of the marble facade on the front of the Supreme Court collapsed Monday morning, falling onto the steps leading into the venerable building. No injuries were reported.”

Update: Additional details are available in an updated AP report headlined “Pieces of Marble Fall From Court Facade.” You can view photos here, here, here, here, here, here, here, here, here, and here. And in case anyone was worried, Lyle Denniston at “SCOTUSblog” has a post titled “The Court is NOT falling down.”

Posted at 10:27 AM by Howard Bashman



Today’s U.S. Supreme Court Order List and per curiam summary reversal: Today’s Order List can be accessed here. The Court today granted review in three cases and asked for the views of the Solicitor General in an additional case. Also, the Court issued a unanimous per curiam summary reversal in Bradshaw v. Richey, No. 05-101.

At “SCOTUSblog,” Lyle Denniston provides an early report in a post titled “Court to hear three new cases.”

And in news coverage, Gina Holland of The Associated Press reports that “Court Throws Out Ohio Death Case Ruling.” The AP also reports that “Supreme Court Denies FBI Translator’s Case” and “Supreme Court Passes Up PLO Case.” James Vicini of Reuters reports that “Court allows punishment sign for mail thief” and “Supreme Court rejects appeal by fired FBI linguist.” Reuters also reports that “Supreme court to hear eBay patent appeal” and “Court seeks gov’t view on Weyerhaeuser.”

Posted at 10:00 AM by Howard Bashman



“Liberal concerns about abortion: Pro-choicers need to face the reality of abortion today; In too many cases, it’s not a sign that women are in control; It’s a sign that they aren’t.” Garance Franke-Ruta has this essay (pass-through link) in today’s issue of The New Republic.

Posted at 9:35 AM by Howard Bashman



At the risk of being one of those blogs that highlights earlier posts for readers who may have missed them: This past Wednesday night, on the eve of the Thanksgiving holiday weekend, Justice Stephen G. Breyer appeared on CNN’s “Larry King Live.” As I noted in this earlier post, a transcript of the broadcast can be accessed here.

Posted at 9:33 AM by Howard Bashman



“Being Quoted ‘on the Record’ on What You Might Have Said”: The New York Times today contains an article that begins, “The journalistic phrase ‘off the record’ seemed to lose all meaning last week at an event featuring Justice Antonin Scalia of the Supreme Court. He was the latest guest in a Time Warner series of interviews conducted by Norman Pearlstine, the departing editor in chief of Time Inc. Just before the program began on Monday, Richard D. Parsons, chairman of Time Warner, told the audience of more than 100 journalists and businesspeople that what was said was off the record. But both The New York Daily News and The New York Post subsequently ran articles about the event, quoting Mr. Scalia and reflecting his views on a range of subjects.”

The referenced items can be accessed here (NY Daily News) and here (NY Post).

Posted at 9:30 AM by Howard Bashman