How Appealing

Monday, January 23, 2006

“Protesters See Mood Shift Against ‘Roe’; Court Nominees, Young Activists Cited at Annual Antiabortion March”: This article will appear Tuesday in The Washington Post.

Posted at 11:33 PM by Howard Bashman

“Activists take campaign to top judge’s elegant domain”: The Guardian (UK) today contains an article that begins, “Justice David Souter has a very nice home. A pretty 200-year-old wooden farmhouse, it is set in eight acres (three hectares) of land in the small town of Weare, New Hampshire.”

And BBC News provides a report headlined “Campaign to seize US judge’s home; Activists angered by a US Supreme Court ruling that homes can be demolished for public developments are trying to seize the home of one of the judges involved.”

Posted at 8:12 PM by Howard Bashman

U.S. Supreme Court issues appellate waiver ruling: The decision was easy to overlook given the understandable focus on today’s election law and state sovereign immunity rulings, but in addition to deciding those sexy cases the Court today held 7-2 that a defendant should not expect to obtain a new trial on appeal due to insufficiency of the evidence in a civil case in the absence of an appropriate post-judgment motion even if the sufficiency of the evidence had been challenged during the trial. You can access today’s appellate waiver ruling at this link.

Posted at 5:00 PM by Howard Bashman

“Justice O’Connor’s Closing Statement: More from a Supreme mess.” Susan E. Wills has this essay today at National Review Online.

Posted at 4:40 PM by Howard Bashman

“We consider whether possession of an assault weapon in violation of California Penal Code section 12280(b) is a ‘crime of violence’ under the federal Sentencing Guidelines.” And the answer is “no” according to an opinion that Circuit Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. In the opinion, the reigning male judicial superhottie writes, “So long as the item in question has substantial legitimate uses, its mere possession cannot, without more, constitute a crime of violence.”

Posted at 3:30 PM by Howard Bashman

“Salad not appealing — now woman’s appealing fine”: This article appears today in The Express-Times of Easton, Pennsylvania.

The Allentown Morning Call reported last Thursday that “Palmer Township woman’s tossed salad is costing her some green; She’s fighting littering citation; Officer says she got off easy.”

And in related coverage, The Associated Press offers an article headlined “Woman Cited in Pa. for Flinging Lettuce” that begins, “A woman fined $173.50 for throwing salad greens out of her car says, lettuce not be too quick to judge her.”

Posted at 3:14 PM by Howard Bashman

“Setback for BlackBerry maker; High court rejects Research in Motion petition to review ruling that could shut e-mail service”: provides this report.

Posted at 3:02 PM by Howard Bashman

“A note from the editor”: Lincoln Caplan, editor and president of Legal Affairs magazine, issued this statement today containing some sad news about the publication that this blog has had the pleasure and privilege of being affiliated with since April 2004.

In related coverage, The Chicago Tribune reports today that “Demise of Legal Affairs proves there’s no justice.”

“How Appealing” is scheduled to remain right here until April 20, 2006, at which point (as detailed in this press release) new posts will appear at this blog’s to-be-announced new location at the web site.

Posted at 12:05 PM by Howard Bashman

Today’s U.S. Supreme Court opinions and Order List: The Court today issued three opinions in argued cases and a decree in an original proceeding.

1. In Wisconsin Right to Life, Inc. v. Federal Election Comm’n, No. 04-1581, a case that was just argued last week, the Court today issued a per curiam opinion (that reads like Justice Stephen G. Breyer’s handiwork) remanding the case for a ruling on the merits of plaintiff’s challenge. Because the oral argument occurred so recently, the transcript is not yet available via the Court’s web site.

2. In Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., No. 04-597, Justice Clarence Thomas delivered the opinion of the Court. You can access the syllabus here; Justice Thomas’s opinion here; Justice John Paul Stevens’ dissenting opinion, in which Justice Anthony M. Kennedy joined, here; and the oral argument transcript here.

3. In Central Va. Community College v. Katz, No. 04-885, Justice Stevens delivered the opinion of the Court, which divided by a 5-4 margin with Justice Sandra Day O’Connor as the crucial swing vote. You can access the syllabus here; Justice Stevens’ opinion here; Justice Thomas’s dissenting opinion, in which the Chief Justice and Justices Antonin Scalia and Kennedy joined, here; and the oral argument transcript here.

Today’s decree in the original proceeding captioned Alaska v. United States, No. 128, Orig., can be accessed here.

Today’s Order List can be accessed here. The Court granted review in no new cases today.

Gina Holland of The Associated Press reports that “Supreme Court Sidesteps Campaign Finance.” And in other coverage from The AP, “High Court Won’t Hear BlackBerry Appeal” and “Court Won’t Hear Judicial Elections Case.”

Reuters provides reports headlined “Supreme Court: states can be sued under bankruptcy law” and “US high court declines to review RIM patent ruling.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court allows campaign finance challenges.”

Posted at 10:00 AM by Howard Bashman

“In Nazi Memorabilia Fight, Yahoo Can’t Win for Losing”: Today’s installment of my weekly appellate column for is available here.

Posted at 8:35 AM by Howard Bashman

“Bush nominee broke law; A federal judge nominated to the U.S. Circuit Court owned stock in corporations involved in lawsuits brought before him”: Will Evans has this article today at

Posted at 7:02 AM by Howard Bashman

“Alito’s Vote Hinges on Senators in N.J. and Pennsylvania”: The New York Sun contains this article today.

The Daily Princetonian reports today that “Alito ’72 faces committee vote; University poised to have first alumnus on high court in half century.”

The Stanford Daily reports that “Democrats stall Alito’s appointment.”

And The Midland (Tex.) Reporter-Telegram reports that “Cornyn reflects on Alito hearings.”

In commentary, The New York Times contains an editorial entitled “Judge Alito’s Radical Views.”

The Muskogee (Okla.) Phoenix contains an editorial entitled “Confirm Judge Alito.”

The Free Lance-Star of Fredericksburg, Virginia contains an editorial entitled “Confirm Judge Alito.”

In USA Today, Law Professor Richard W. Garnett has an op-ed entitled “Two justices who ‘get’ religion; To hear Samuel Alito’s critics, you’d think he and retiring Justice Sandra Day O’Connor are as different as night and day; Not so; In fact, when it comes to religious freedom and the Constitution, they read from the same script.”

In The Philadelphia Inquirer, Harold Jackson has an op-ed entitled “Alito’s spin at hearings shows he can’t be trusted.”

In The Palm Beach Post, Tom Blackburn has an op-ed entitled “Keep court behind the curtain.”

In The Daily Texan, Elliott Ash and Ryan Ash have an op-ed entitled “Confirmation process flawed.”

In The Columbia Chronicle, Derek Strum has an op-ed entitled “Alito’s qualified and confirmed–deal with it.”

And online at OpinionJournal, Dan Gerstein has an essay entitled “Base Dogma: Left-wing bloggers observe the Alito hearings from an alternative universe.”

Posted at 7:00 AM by Howard Bashman

“Push in Nebraska highlights new abortion dynamic; Opponents flex growing influence”: This article appears today in The Boston Globe.

Posted at 6:44 AM by Howard Bashman

“Once feds rest, will Ryan take the stand? After being tarred by prosecution for months, ex-governor faces pivotal decision.” The Chicago Tribune contains this article today.

Posted at 6:40 AM by Howard Bashman

“Attorney’s Perseverance Yields a Legal Masterpiece; Randol Schoenberg spent 7 1/2 years pursuing Austria’s return of art looted by the Nazis”: This article appears today in The Los Angeles Times.

Posted at 6:38 AM by Howard Bashman