How Appealing

Thursday, December 22, 2005

“Judicial Umbrage Signals New Limit for Bush’s War Powers”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 11:24 PM by Howard Bashman

“Bush administration lays out its legal rationale for domestic spying”: Knight Ridder Newspapers provide this report. Via National Review Online, you can access the U.S. Department of Justice’s letter at this link.

Posted at 11:15 PM by Howard Bashman

It’s all about Yoo: The New York Times on Friday will contain an article headlined “A Junior Aide Had a Big Role In Terror Policy” that begins, “Moments after planes crashed into the World Trade Center and the Pentagon, lawyers in the Justice Department’s elite Office of Legal Counsel began crowding into the office of one of the agency’s newest deputies, John C. Yoo, to watch the horror unfold on his television set.”

Posted at 11:10 PM by Howard Bashman

“State court upholds ban on distributing free cigarettes to minors”: Claire Cooper, legal affairs writer for The Sacramento Bee, provides this news update.

Posted at 8:27 PM by Howard Bashman

“Terror case challenges White House strategy; An appeals court refused the government’s request to have Jose Padilla transferred to Florida for a criminal trial”: In Friday’s edition of The Christian Science Monitor, Warren Richey will have an article that begins, “Suddenly, terror suspect Jose Padilla seems a lot more dangerous to the Bush administration.”

Posted at 5:54 PM by Howard Bashman

Kennedy Seeks Alito Docs on Princeton Case”: The Associated Press provides a report that begins, “Sen. Edward Kennedy is pressing for documents on Supreme Court nominee Samuel Alito’s involvement with a conservative group that argued Princeton University lowered its admission standards to accept women and minorities.”

Via the web site of U.S. Senator Edward M. Kennedy (D-MA), you can access a press release issued today entitled “Kennedy seeks key documents on Alito involvement in Concerned Alumni of Princeton; Group opposed admittance of women, minorities to Princeton.”

Posted at 5:25 PM by Howard Bashman

Two days later, how has news coverage of a Pennsylvania federal district court’s “intelligent design” ruling evolved? The Washington Post reports today that “Advocates of ‘Intelligent Design’ Vow to Continue Despite Ruling.”

The Philadelphia Inquirer reports today that “Santorum now critical of Dover case; He denies he is contradicting earlier statements of support for the cause.”

The Harrisburg Patriot-News contains articles headlined “Intelligent design ruling gives science’s defenders a weapon” and “Prosecutor seeks perjury evidence.”

The York Dispatch reports that “Perjury charges rare, hard to prove; 3 plaintiffs willing to move against ex-Dover board members.”

And The York Daily Record contains articles headlined “Book is in limbo; ‘Of Pandas’ remains in Dover’s library, but it’s unclear where it will be shelved” and “Reactions to testimony mixed; The judge said two former board members lied during the Dover trial.”

Posted at 4:45 PM by Howard Bashman

“Courts have set limits on presidential power; Justices may decide if Constitution or Congress granted Bush authority to spy”: Michael McGough has this news analysis today in The Post-Gazette.

Posted at 4:38 PM by Howard Bashman

“License plate challenge stalls again”: The Times-Picayune today contains an article that begins, “A long-running challenge to Louisiana’s anti-abortion license plates met its second defeat of the year Wednesday when the 5th U.S. Circuit Court of Appeals’ 16 members deadlocked on whether to review a three-judge panel’s move to call a halt to the lawsuit. The 8-8 vote leaves intact the panel’s April decision to reverse a 2003 order in which U.S. District Court Judge Stanwood Duval outlawed Louisiana’s entire system of issuing prestige license tags.” My coverage from earlier today is here.

Posted at 4:33 PM by Howard Bashman

“Letterman court date could advance”: The Santa Fe New Mexican today contains an article that begins, “The judge who last week granted a local woman’s temporary restraining order against talk-show host David Letterman said Wednesday that he might address the case earlier than scheduled.”

Posted at 3:38 PM by Howard Bashman

“Lawyer asserts quirk in child sex guidelines”: The Mobile Register today contains an article that begins, “A Daphne man pleaded guilty in Mobile’s federal court Wednesday to driving to Florida to have sex with someone he thought was a 15-year-old girl. Another Daphne man pleaded guilty to possessing and receiving child pornography in an unrelated case. When both are sentenced in March, the child pornography defendant faces significantly more prison time — perhaps six times as much — under advisory sentencing guidelines.” (Via “Sentencing Law and Policy.”)

Posted at 3:28 PM by Howard Bashman

“Judge Downey given psychological evaluation; The chief judge says steps were taken to ensure embattled Judge Brandt Downey’s fitness”: The St. Petersburg Times today contains an article that begins, “Pinellas-Pasco Chief Judge David A. Demers on Wednesday released documents that show steps were taken to ensure embattled Judge Brandt Downey was fit to continue serving on the bench after he was accused of accessing pornography on his chambers computer.”

And The Tampa Tribune reports today that “Judge Tested For Addiction To Pornography.”

The Investigative Panel of the Florida Judicial Qualifications Commission’s “Notice of Formal Charges” against Judge Downey can be viewed online at this link.

Posted at 2:30 PM by Howard Bashman

Over the dissent of eight judges, U.S. Court of Appeals for the Fifth Circuit denies rehearing en banc of decision holding that Tax Injunction Act bars federal court jurisdiction over constitutional challenge to Louisiana’s “Choose Life” license plates: Yesterday’s order (posted online by the Fifth Circuit today) and the dissenting opinions that accompany it can be accessed here.

Circuit Judge Edith H. Jones‘s opinion for a unanimous three-judge Fifth Circuit panel, issued back in April 2005, can be accessed here. My posts about that earlier ruling can be found here and here.

Update: Currently the Fifth Circuit has sixteen judges in regular active service, but a majority (meaning nine) must vote for rehearing en banc in order for it to be granted. The lead dissent from the denial of rehearing en banc suggests that this case may be a good prospect for U.S. Supreme Court review, if not on the constitutionality of “Choose Life” license plates, then at least on whether the Fifth Circuit’s means of dodging the merits of that issue was appropriate.

Posted at 1:30 PM by Howard Bashman

Eighth Circuit overturns $450,000 jury verdict against City of Little Rock for having given unredacted copies of two police officers’ personnel files to counsel for a criminal defendant: Of course, the files — which contained the police officers’ home addresses, social security numbers, the names and addresses of family members, and driver’s license numbers — ultimately ended up in the hands of the criminal defendant himself, allegedly causing the police officers to fear for their safety and the safety of their family members. You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit, which appears to give rise to a circuit split, at this link.

Posted at 11:35 AM by Howard Bashman

“Top court redefines obscenity; Group sex, swinging, no longer considered bawdy behaviour”: The Toronto Globe and Mail today contains this front page article, along with an article headlined “Swinger hot spot declares victory; Clients can be more open, club owners say.”

The Montreal Gazette reports today that “Door open to swingers clubs; Supreme court ruling: New definition of indecent behaviour based on harm, not community standards.”

And Canadian Press reports that “Supreme Court of Canada says OK to swingers clubs with group sex, swapping.”

My earlier coverage is here.

Posted at 7:20 AM by Howard Bashman

“Court Bars Transfer of Padilla To Face New Terrorism Charges”: This front page article appears today in The Washington Post.

The Chicago Tribune reports today that “U.S. rebuked in terrorism case; Three-judge panel says the detention status of Jose Padilla can’t change until the Supreme Court hears ex-Chicagoan’s appeal.”

The Miami Herald reports that “Padilla closer to high court; The high-stakes terror case of Jose Padilla could be headed for the U.S. Supreme Court following a major appellate court ruling.”

And The Richmond Times-Dispatch reports that “Judges deny request for Padilla transfer.”

Posted at 7:15 AM by Howard Bashman

“Judges on Surveillance Court To Be Briefed on Spy Program”: The Washington Post contains this front page article today.

The Miami Herald reports today that “Judge resigns seat on spy court; A federal judge who ruled against the Bush administration on Guantanamo quit the secret spy court to protest wiretaps without warrants.”

The Los Angeles Times reports that “Federal Judge Quits Foreign-Intelligence Court; A critic of tactics in the war on terrorism, he was reportedly troubled by reports that citizens were being monitored without warrants.”

USA Today reports that “Judge’s resignation adds to spying furor.”

And The Washington Times reports that “‘Warrantless’ searches not unprecedented.”

Posted at 7:12 AM by Howard Bashman

“Courts unlikely to hear wiretap cases, legal scholars say; The reason: Most suspects won’t know phones were tapped.” This article appears today in USA Today.

Posted at 7:08 AM by Howard Bashman