How Appealing

Wednesday, December 21, 2005

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Court Rejects Transfer of Padilla to Civilian Custody“; “Spy Court Judge Resigns to Protest U.S. Surveillance” (featuring Nina Totenberg); and “Intelligent Design Has a Place in the Classroom.”

And today’s broadcast of “Talk of the Nation” contained a segment entitled “Scopes Trial and Intelligent Design Court Decision.”

Posted at 7:14 PM by Howard Bashman

“Tug of war over presidential powers: The domestic spying program is renewing debate among the three branches of government.” Linda Feldmann will have this article Thursday in The Christian Science Monitor.

Posted at 6:00 PM by Howard Bashman

“Herald fights $2m libel verdict; Says judge wrote ‘bullying’ letters”: This article appears today in The Boston Globe. The judge referred to in the headline is the plaintiff, and not the trial judge presiding over the case.

In other coverage, The Boston Herald today contains an article headlined “Herald — Toss libel verdict: Claims judge trying to ‘bully’ paper into ceding right of appeal.”

Update: The Boston Herald has posted a news update headlined “Murphy sorry for using court stationery.”

Posted at 5:58 PM by Howard Bashman

“Riley says Moore sought protection for monument”: The Mobile Register today contains an article that begins, “During the peak of public protests over removal of the Ten Commandments from the Alabama Judicial Building, state Supreme Court Chief Justice Roy Moore sent an emissary who asked Gov. Bob Riley to call out Alabama National Guard troops to protect the 5,280-pound rock, according to the governor.”

Posted at 3:45 PM by Howard Bashman

“State responds in death case; Prosecutors say inmate’s failing health shouldn’t stop execution”: The Sacramento Bee today contains an article that begins, “State prosecutors filed a blistering 34-page response Tuesday to Clarence Ray Allen’s clemency petition, saying the blind and diabetic 75-year-old condemned killer’s age and ill health shouldn’t stand in the way of his scheduled Jan. 17 execution.”

Posted at 3:22 PM by Howard Bashman

BREAKING NEWS — U.S. Court of Appeals for the Fourth Circuit denies federal government’s motion to transfer Jose Padilla from military custody to the custody of the U.S. Department of Justice: You can access today’s decision at this link.

Circuit Judge J. Michael Luttig‘s opinion for the panel majority begins:

Before the court is the government’s motion pursuant to Supreme Court Rule 36 for authorization to transfer Jose Padilla immediately out of military custody in the State of South Carolina and into the custody of federal civilian law enforcement authorities in the State of Florida, together with its suggestion that we withdraw our opinion of September 9, 2005, in which we held that the President possesses the authority under the Authorization for the Use of Military Force to detain enemy combatants who have taken up arms against the United States abroad and entered into this country for the purpose of attacking America and its citizens from within.

Because we believe that the transfer of Padilla and the withdrawal of our opinion at the government’s request while the Supreme Court is reviewing this court’s decision of September 9 would compound what is, in the absence of explanation, at least an appearance that the government may be attempting to avoid consideration of our decision by the Supreme Court, and also because we believe that this case presents an issue of such especial national importance as to warrant final consideration by that court, even if only by denial of further review, we deny both the motion and suggestion. If the natural progression of this significant litigation to conclusion is to be pretermitted at this late date under these circumstances, we believe that decision should be made not by this court but, rather, by the Supreme Court of the United States.

Circuit Judge William B. Traxler, Jr. concurred in the result.

Posted at 2:48 PM by Howard Bashman

“Letterman lawyers: End Santa Fe claim.” The Santa Fe New Mexican today contains an article that begins, “Late last week, a Santa Fe District Court judge signed a temporary restraining order against talk-show host David Letterman alleging he has tormented a city resident for more than 10 years by using code words on his television program.”

And The Associated Press reports that “Letterman Lawyers Fight Restraining Order.”

Posted at 2:15 PM by Howard Bashman

“Design knocked out; Some hoping for wide impact”: The York (Pa.) Daily Record contains this article today, along with articles headlined “New board isn’t planning appeal; But members must find a way to pay for the trial their predecessors provoked“; “Judge: Ex-members lied in testimony; Former member Buckingham said board did the right thing“; and “Anniversary couple agrees with judge’s ruling; Jack and Marion Schultz celebrated their 59th wedding anniversary at the trial.”

The York (Pa.) Dispatch reports today that “Students ‘don’t care about it’; Inside Dover schools, few teens talk about intelligent design.”

The Boston Globe reports that “US judge rejects intelligent design; Broad ruling finds Pa. school board promoted religion.” The newspaper also contains an editorial entitled “Intelligent decision.”

The Baltimore Sun reports that “Judge rejects Pa. policy on ‘design’; Including subject in science class held unconstitutional.” The newspaper also contains an editorial entitled “On the ropes.”

The Seattle Post-Intelligencer reports that “Ruling may create new interest in intelligent design movement.”

The Seattle Times reports that “Discovery Institute work figured in ruling.” And columnist Danny Westneat has an op-ed entitled “Institute gets taken to school.”

The Detroit Free Press reports that “Antievolution idea can’t be public school class, judge rules; Pennsylvania case may renew debate about Michigan’s.”

The Denver Post reports that “Colo. groups split on ruling.”

The Cleveland Plain Dealer reports that “Intelligent design loses; Pa. judge rejects concept; next challenge could target Ohio plan.”

The Des Moines Register reports that “I.D. ruling called unlikely to deter Iowa district; Debate on intelligent design in science classes may begin soon, says a Muscatine board member.”

The Indianapolis Star contains articles headlined “State lauded for how it teaches evolution; Education group suggests the addition of intelligent design would dilute standards” and “Idea born of some scientists’ gnawing doubts about Darwin.”

The Louisville Courier-Journal reports that “Ruling to fuel debate on intelligent design; Issue may make way to Ky. legislature.”

The Lawrence (Kan.) Journal-World reports that “Judge strikes down intelligent design.”

The Tallahassee Democrat reports that “Ruling the right one, local leaders say.”

The Wilmington (Del.) News Journal reports that “Court rejects science alternative; Teaching ‘intelligent design’ theory ruled unconstitutional.”

The Contra Costa Times reports that “State embraces evolution curriculum.”

The Peoria Journal Star reports that “Concept not being taught in District 150; But area educators say they favor exposing students to new ideas.”

The Daily Times of Maryville, Tennessee reports that “Effect of federal ruling on county plans not known.”

And The New York Times contains an op-ed by Bruce Feiler entitled “Teach, Don’t Preach, the Bible.”

Posted at 12:32 PM by Howard Bashman

“Newspaper: Luna tied to missing cash; Faced lie-detector test on $36,000 in evidence.” This article appears today in The Lancaster (Pa.) Intelligencer Journal.

Posted at 12:28 PM by Howard Bashman

“The Supreme Court: Allow television coverage.” Dick Thornburgh and David R. Fine have this essay in the current issue of The National Law Journal.

Posted at 12:20 PM by Howard Bashman

“Survival of the unfittest: A Pennsylvania judge has ruled that intelligent design is not fit for science classes; But I.D. remains rooted in U.S. schools, where science teachers are pressured to address God in the classroom.” Gordy Slack has this essay today at

And at National Review Online, David Klinghoffer has an essay entitled “It’s God or Darwin: Competing designs.”

Posted at 10:45 AM by Howard Bashman

“Vital Presidential Power: The Supreme Court has never ruled that the president does not ultimately have the authority to collect foreign intelligence–here and abroad–as he sees fit.” William Kristol and Gary Schmitt have this essay online at The Weekly Standard.

Posted at 10:40 AM by Howard Bashman