How Appealing

Tuesday, December 27, 2005

Was it Sarah Silverman who said, during the Roast of Pamela Anderson, that Pam’s “true hair color is bald”? Indeed so (QuickTime required; link not safe for work, and one might find Ms. Silverman’s remarks offensive). Yet, according to The Associated Press, “Bald is hair color in Montana.” In any event, this evening offers an AP article headlined “Playmate Gets a Boost From Bush in Supreme Court Fight.”

Reacting to that news, “Wonkette” offers this post.

Posted at 10:44 PM by Howard Bashman

“National Archives Opens Additional Samuel Alito Records”: The documents will be made available online tomorrow at 9 a.m. eastern time, according to this press release from the U.S. National Archives and Records Administration.

By the way, has anyone figured out why it would irreparably harm the federal government’s ability to obtain frank and honest legal advice if a D.C. Circuit nominee’s Solicitor General files are opened to the press and the public, but not if a U.S. Supreme Court nominee’s Solicitor General files are opened to the press and public? In other words, does the executive branch’s willingness to open otherwise secret files depend on the post to which a judicial nominee has been proposed for, or is there some greater principle at work here that I haven’t yet discerned?

Posted at 9:04 PM by Howard Bashman

“Secret court modified wiretap requests; Intervention may have led Bush to bypass panel”: This article appeared Saturday in The Seattle Post-Intelligencer.

Posted at 8:52 PM by Howard Bashman

“DJ’s lawsuit award isn’t so sweet anymore; Former WYCD host’s lawyer will fight federal judge’s trim of $10.6M verdict to $814,000”: The Detroit News today contains an article that begins, “An ex-country music DJ’s court victory — in which she won $10.6 million after she claimed she was sickened by a fellow radio host’s use of French perfume — no longer smells as sweet.”

Posted at 8:50 PM by Howard Bashman

Divided three-judge Ninth Circuit panel affirms finding of Americans with Disabilities Act violation against PacBell for refusing to reinstate a service technician who did not disclose on his employment application that he had been found not guilty of attempted murder by reason of insanity: That’ll teach the phone company to only ask prospective employees “Have you ever been convicted of, or are you awaiting trial for a felony or misdemeanor?” You can access today’s Ninth Circuit ruling at this link.

Circuit Judge Consuelo M. Callahan‘s dissenting opinion begins, “As presented to us, this case requires that Pac Bell reinstate as a service technician a person it believes may pose a danger to its customers. I dissent because unless it is determined that Pac Bell’s concern that Josephs is dangerous is unreasonable, Pac Bell should not be required to send him into its customers’ homes.”

The decision is also interesting because it upholds liability on a “regarded as” disabled claim.

Posted at 5:40 PM by Howard Bashman

Pepsi Free plus seawater equals COGSA claim: Pepsi Free, as its name implies, ought to be free of seawater. Yet a shipment of Pepsi Free concentrate — traveling by boat from Puerto Rico to Elizabeth, New Jersey (also known as Sam Alito country) — became submerged under seawater during the journey. Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit, in an opinion by Circuit Judge Guido Calabresi, examines whether the claim brought by Pepsi’s insurer against the shipper was properly dismissed.

Posted at 5:30 PM by Howard Bashman

“Pa. Supreme Court takes up pay-raise lawsuits”: The Associated Press provides a report that begins, “The Pennsylvania Supreme Court has agreed to consider whether the pay raise law that passed last summer — and was repealed last month — was constitutional, and whether state and county judges should get the additional salary anyway.”

And in somewhat related news coverage, The Philadelphia Inquirer on Sunday contained an article headlined “Rendell’s high court pick: A respected jurist; Smart, energetic, not political, associates say; Cynthia Baldwin would replace the ousted Nigro.”

Posted at 4:05 PM by Howard Bashman

In news from Canada: The Toronto Globe and Mail today contains a front page article headlined “Liberal resigns over vulgar blog; Executive VP of Ontario wing posted racially charged remarks about candidates.”

The Ottawa Citizen reports today that “Senior Liberal resigns over ‘tasteless’ blog; Party organizer compared NDP’s Olivia Chow to a dog.”

CBC News reports that “Liberal executive resigns after disparaging NDP politicians on blog.”

And Canadian Press reports that “Liberal exec resigns amid blog controversy.”

Posted at 12:05 PM by Howard Bashman

“Ala. Governor’s Race Is Must-See Politics”: The Associated Press provides a report that begins, “The cast: A Republican incumbent who alienated his base with a proposal to raise taxes. A chief justice who lost his job over his Ten Commandments stand. A former governor under indictment. A lieutenant governor who helped her ex-husband run for governor.”

Posted at 11:40 AM by Howard Bashman

“If you cherish your rights, this nominee bears questioning”: Today’s edition of USA Today contains an editorial that begins, “When Samuel Alito was a Justice Department lawyer in the 1980s, he wrote that he saw no legal problem with a police officer shooting and killing an unarmed 15-year-old who was fleeing from a $10 burglary.”

Posted at 11:33 AM by Howard Bashman

“Justices brave the DeLay show; The U.S. Supreme Court will review cases that revolve around Tom DeLay’s effort to overturn a court-ordered redistricting plan for Texas”: The St. Petersburg Times contains this editorial today.

Posted at 11:22 AM by Howard Bashman

“Senate Confirms Seven Judges in Waning Hours of Session; But Nomination of Controversial Justice Department Official Is Returned to Bush”: This article appeared Friday in The Metropolitan News-Enterprise.

Posted at 11:15 AM by Howard Bashman

Still to come — the D.C. Circuit‘s ruling against Judicial Watch, Inc. in a lawsuit against the judiciary: Last Friday, as I then noted here, the D.C. Circuit ruled against Judicial Watch, Inc. in a lawsuit against the U.S. Senate. Today, the D.C. Circuit has ruled against Judicial Watch, Inc. in a lawsuit the group brought against the U.S. Department of Justice, which of course is part of the executive branch. You can access today’s ruling at this link.

Posted at 11:05 AM by Howard Bashman

“Lawsuit against Bush? The attorney for the only known target of NSA eavesdropping says his client would be happy to sue the president.” Michael Scherer has this article online at

Posted at 7:04 AM by Howard Bashman