How Appealing

Wednesday, January 25, 2006

“A Stop at Senate on the Way to Court; Alito Debate Opens, and Bush Resurrects a Nominee Democrats Blocked Last Year”: The Washington Post on Wednesday will contain this article, along with an op-ed by David S. Broder entitled “United in Division; Congress Is Split, but Party Cohesion Is Striking.”

The New York Times on Thursday will contain an editorial entitled “Senators in Need of a Spine” that begins, “Judge Samuel Alito Jr., whose entire history suggests that he holds extreme views about the expansive powers of the presidency and the limited role of Congress, will almost certainly be a Supreme Court justice soon.”

And The Seattle Post-Intelligencer on Thursday will contain an editorial entitled “Supreme Court: Regrettable reality.”

Posted at 11:00 PM by Howard Bashman

“High Court to Hear Lethal-Injection Case”: Charles Lane will have this article Thursday in The Washington Post.

The Orlando Sentinel provides a news update headlined “Hill hearing could affect nation’s death penalty.”

And The Miami Herald today contains an article headlined “As high-level witnesses wait, execution is halted; A cop killer received a last-minute reprieve, possibly temporary, from the U.S. Supreme Court; Two key state Senate leaders had come to view the execution.”

Posted at 10:32 PM by Howard Bashman

“Salazar calls Justice Thomas ‘an abomination'”: The Rocky Mountain News provides an update that begins, “Sen. Ken Salazar, D-Colo., today called current U.S. Supreme Court Justice Clarence Thomas an ‘abomination’ when compared with the late U.S. Supreme Court Justice Thurgood Marshall.”

The article concludes by noting, “Salazar’s comment about Thomas came during a telephone news conference in which said he would not be part of any possible Democratic filibuster to stop a vote on the confirmation of Samuel Alito as a member of the U.S. Supreme Court.”

Posted at 10:10 PM by Howard Bashman

So you think your hourly rate is low? When a prisoner recovers $1 in damages on a federal civil rights claim, the Prison Litigation Reform Act limits the maximum available attorney’s fee award to $1.50, the en banc U.S. Court of Appeals for the Tenth Circuit ruled today. And that’s the case even where the civil rights claim arose from conduct that predated the incarceration. You can access today’s en banc ruling at this link. A divided three-judge Tenth Circuit panel had previously reached the opposite result in the case, applying “the Supreme Court’s absurdity exception to the plain language rule of statutory construction.”

Posted at 8:45 PM by Howard Bashman

Tenafly eruv approved: The Associated Press provides a report headlined “Enclosure Sought by Jews Approved in N.J.” that begins, “After a six-year legal battle, a group of Orthodox Jews won the right to create a symbolic enclosure around the community by attaching plastic strips to utility poles.”

The New York Times reports today that “Town Votes for Marker Used by Jews.”

And The Bergen Record reports today that “Tenafly approves eruv deal.”

Back in October 2002, the U.S. Court of Appeals for the Third Circuit issued this ruling on the dispute. My coverage of that ruling is here.

Posted at 8:22 PM by Howard Bashman

“Hatch found guilty of tax evasion, ordered held”: The Providence (R.I.) Journal provides a news update that begins, “Survivor star Richard Hatch’s strategy didn’t quite pay off today, as a jury found him guilty of two tax-evasion counts and one count of filing a false return. It cleared him of seven other counts, including a bank-fraud charge carrying the most severe penalty. But he was ordered held as a flight risk and led out of court in handcuffs. He faces sentencing on April 28.”

Posted at 7:44 PM by Howard Bashman

The Associated Press is reporting: Jesse J. Holland reports that “Senate Moves Toward Alito’s Confirmation.”

And an article headlined “U.S. Must Submit Papers to Moussaoui Team” begins, “A federal judge has ordered the government to give admitted terrorist conspirator Zacarias Moussaoui’s defense team documents describing what officials knew before Sept. 11, 2001, about al-Qaida threats and some of its hijackers.” Yesterday’s ruling of the U.S. District Court for the Eastern District of Virginia, made public in redacted form today, can be accessed here.

Posted at 4:33 PM by Howard Bashman

The White House announces a new round of judicial nominations: The complete list is here. Michael A. Chagares has been nominated to the U.S. Court of Appeals for the Third Circuit to replace Michael Chertoff. Chagares clerked for Senior Third Circuit Judge Morton I. Greenberg. And the President has renominated Brett M. Kavanaugh to the D.C. Circuit.

In news coverage, The Associated Press reports that “Bush nominees for NJ courts include Abramoff prosecutor.”

Posted at 4:20 PM by Howard Bashman

“Remembering Rehnquist: Arizona Republican Sens. John McCain and Jon Kyl propose spending $10 million to set up a judicial research center in honor the late Chief Justice William Rehnquist.” So begins a post that Wall Street Journal reporter Jess Bravin has today at that newspaper’s “Washington Wire” web site (free access).

Posted at 3:54 PM by Howard Bashman

“Ex-Enron pair try again to get trial postponed, moved”: Mary Flood of The Houston Chronicle provides a news update that begins, “Ken Lay and Jeff Skilling today asked the court to temporarily postpone their trial while they ask an appellate court to move the case outside of Houston.”

And today’s edition of that newspaper contains an article headlined “Ken Lay eager to reclaim his reputation; That may be too great a task even for a man with the former chairman’s determination.”

Posted at 3:05 PM by Howard Bashman

DeMoss on de minimum contacts “stream of commerce” personal jurisdiction circuit split: Specially concurring in the Fifth Circuit’s ruling today in Luv n’ Care, Ltd. v. Insta-Mix, Inc., Circuit Judge Harold R. DeMoss, Jr. writes:

For the above reasons, I hope Insta-Mix will apply for a writ of certiorari and I urge the Supreme Court to take up the minimum contacts issue and resolve it and the increasing circuit divide with clarity. The recent changes in the composition of the Court should produce a new effort by the Court to definitively answer this controversy. The sovereignty of the individual states is on the line.

You can access the complete ruling at this link. (Blog post title with apologies to Paul Horwitz.)

Posted at 3:00 PM by Howard Bashman

“Kozinski Walks a Mile in IJs’ Shoes…Alone”: At’s blog “Legal Pad,” Justin Scheck has a post that begins, “Looks like Alex Kozinski’s defense of an unlikely underdog is fully under way. Judging by recent statements and a Monday opinion, the Ninth Circuit judge seems intent on calling his appeals court colleagues to task for treating immigration judges like sad whipping boys in opinions overturning their decisions — an attitude that creeps into news stories about the overloaded and under-resourced immigration courts.” Monday’s Ninth Circuit ruling can be accessed here.

Posted at 2:45 PM by Howard Bashman

“Google vs. DoJ: Why the subpoena fight is all about public relations.” Adam L. Penenberg has this essay online at Slate.

Posted at 2:28 PM by Howard Bashman

“Alito Heading Towards Confirmation”: Yesterday’s broadcast of the public radio program “Here & Now” included this segment (RealPlayer required).

C-SPAN has posted online the video of yesterday’s Senate Judiciary Committee business meeting, where the committee voted along party lines on the nomination. Also available online from yesterday via C-SPAN are “Sens. Hatch (R-UT), Specter (R-PA), & Others on Judge Alito Nomination” and “Sens. Reid (D-NV), Stabenow (D-MI) & Others on Judge Alito Supreme Court Nomination.” RealPlayer is required to launch these video segments.

Posted at 2:20 PM by Howard Bashman

“As big investors flex muscle, law firms do heavy lifting; A legal bonanza is unfolding as emboldened shareholders increasingly do battle with Corporate Canada”: This article appears today in The Toronto Globe and Mail.

Posted at 2:14 PM by Howard Bashman

“Hatch found guilty on tax-evasion counts”: The Providence (R.I.) Journal’s blog provides an update that begins, “Reality television star Richard Hatch was convicted today on three of the 10 counts he faced in a federal indictment that alleged he failed to pay taxes on the more than $1 million he won on the popular TV series, as well as income from a radio program, rental income and charitable donations he allegedly used for himself.” Proving that sometimes a jury gives you $1 million, and other times a jury takes it away.

Posted at 2:00 PM by Howard Bashman

Divided three-judge Ninth Circuit panel upholds constitutionality of federal law used to prosecute travelers who intend to go to another country to engage in sexual activity with children: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Today’s majority opinion begins:

In this appeal we are confronted with a question of first impression regarding the scope of Congress’s power under the Foreign Commerce Clause. At issue is whether Congress exceeded its authority “to regulate Commerce with foreign Nations,” U.S. Const. art. I, § 8, cl. 3, in enacting a statute that makes it a felony for any U.S. citizen who travels in “foreign commerce,” i.e. to a foreign country, to then engage in an illegal commercial sex act with a minor. 18 U.S.C. § 2423(c). We hold that Congress acted within the bounds of its constitutional authority.

In earlier press coverage of this matter, reported in September 2003 that “Man charged in U.S. for child sex crimes abroad.” In April 2004, The Christian Science Monitor published an article headlined “Global campaign to police child sex tourism.” And in June 2004, The Seattle Times reported that “8-year term levied in 1st prosecution under new child-sex law.”

The U.S. Attorney’s Office for the Western District of Washington issued this press release after the defendant who is the subject of today’s ruling pleaded guilty. In November 2004, the U.S. Department of State issued a press release titled “United States Getting Tougher on Child Sex Tourism; Immigration agency makes 10th arrest under 2003 law.” And U.S. Immigration and Customs Enforcement has posted online this list of “Child Sex Tourists.”

Posted at 1:40 PM by Howard Bashman

“Supreme Court to Hear Fla Death Row Appeal”: Gina Holland of The Associated Press provides a report that begins, “The Supreme Court agreed Wednesday to hear a Florida death row inmate’s appeal that challenges that state’s lethal injection method, just hours after the court dramatically stepped in to stop the man’s execution. Clarence Hill’s lawyer said that he had been strapped to a gurney with IV lines running into his arms Tuesday night when Justice Anthony M. Kennedy issued a temporary stay.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court to hear Florida death penalty case.” In response to the cert. grant, the “Sentencing Law and Policy” blog asks here whether “the Court’s grant of cert. could or should produce a de facto moratorium on lethal injection executions nationwide at least until the Supreme Court issues a ruling in Hill. ”

Posted at 1:30 PM by Howard Bashman

“In Patent Disputes, A Scramble to Prove Ideas Are Old Hat; Sometimes Mad Magazine, Rube Goldberg Were First; RIM’s Norway Strategy”: The Wall Street Journal today contains a front page article (pass-through link) that begins, “Research in Motion Ltd., facing the threat that its popular BlackBerry service would be shut down in the U.S. over a patent dispute, got a tip early last year from a high-tech industry official: Check out a library in Norway.”

And today contains an article headlined “Will BlackBerry go out of season? An intellectual property lawsuit could silence the ever-present hand-held e-mail device.”

Posted at 11:44 AM by Howard Bashman

“Scalia ‘junket’ defended; Lawyers’ group says teaching of a course at Colo. resort valid”: This article appears today in The Rocky Mountain News.

At Human Events Online, Robert B. Bluey provides reports headlined “Conservative Legal Group Calls for Investigation of ABC Report” and “Federalist Society Slams ABC’s Scalia Story: Repeat of Rather-Mapes.”

And at “The Huffington Post,” John Leo has a post titled “Scalia Goes to Colorado.”

In somewhat related coverage, The East Oregonian reports that “Justice Scalia charms county leaders at NACo meeting.”

Posted at 10:00 AM by Howard Bashman

“Columbia Law Is Seeking Guinier In Harvard Raid”: Anna Schneider-Mayerson has this article in the new issue of The New York Observer.

Posted at 9:38 AM by Howard Bashman