How Appealing



Friday, January 27, 2006

“It’s best not to mock a judge on the Internet after he’s dealt with you; He might just call you back into his court, then toss you in jail”: “Obscure Store” points to this article published today in The Detroit Free Press.

Posted at 12:40 PM by Howard Bashman



Liberty Mutual’s second attempt to remove lawsuit to federal court under Class Action Fairness Act of 2005 fares better than its first in the Seventh Circuit: Circuit Judge Frank H. Easterbrook has issued this opinion today on behalf of a unanimous three-judge panel. Back in June 2005, on behalf of a somewhat different three-judge panel, Judge Easterbrook issued an opinion in the same case refusing to review the federal district court’s earlier refusal to permit removal of the case to federal court.

Posted at 12:20 PM by Howard Bashman



“Boxer X appeals the dismissal, pursuant to 28 U.S.C. §1915A, of his civil rights action under 42 U.S.C. §1983 against Angela Harris, a guard at his Georgia prison, who, according to the complaint, made him strip and masturbate for her enjoyment.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today. Accepting the prisoner’s factual allegations as true, the court today reinstates the lawsuit because the plaintiff “has stated a claim under our privacy jurisprudence and for retaliation under the First Amendment.”

Posted at 11:54 AM by Howard Bashman



“Bredesen has shot to shape high court; Retirements let governor name 3 of 5 justices”: The Tennessean today contains an article that begins, “With two Tennessee Supreme Court justices announcing their resignation this week, Gov. Phil Bredesen has the rare opportunity to select a majority of the court within one year.”

Posted at 7:15 AM by Howard Bashman



“Kerry Urges Alito Filibuster, but His Reception Is Cool”: This article appears today in The New York Times.

The Los Angeles Times reports today that “Key Democrats Try to Mount Filibuster Against Alito; The senators admit that their effort to derail the high court nomination is ‘an uphill battle’; The GOP sets a vote for Monday to end debate.”

USA Today reports that “2 more Democrats say they’ll back Alito.”

The New York Sun reports that “Alito Impresses One-Time Brennan Law Clerks.”

In The Pittsburgh Post-Gazette, Michael McGough reports that “Frist tries to end debate on Alito’s nomination; Wants to vote Tuesday, avoid possible Democratic filibuster.”

The Boston Globe reports that “Mass. senators to filibuster Alito; GOP condemns planned move by Kerry, Kennedy.” And columnist Ellen Goodman has an op-ed entitled “An open mind on political theater.”

The Newark (N.J.) Star-Ledger reports that “2 senators vow filibuster as Alito opposition appears to waver.”

The Washington Times reports that “Alito supported by two more Democrats.” R. Emmett Tyrrell Jr. has an op-ed entitled “Flourishes and flubs.” And William Hawkins has an op-ed entitled “Clues from the Founders.”

The Hartford Courant reports that “Lieberman Says He’ll Vote Against Alito; Joins Dodd, 27 Other Democrats In Opposition.”

The Sioux Falls Argus Leader reports that “Johnson, others will back nominee Alito; Move by three Democrats makes filibuster less likely.”

The Arkansas News Bureau reports that “Lincoln to vote ‘no’ on Alito.”

The Portland (Me.) Press Herald reports that “Collins to vote in favor of Alito.”

The Pawtucket Times reports that “Reed makes the call on Alito.”

And The Pueblo Chieftain reports that “Colorado senators give clashing views on Alito vote.”

In commentary, The Palm Beach Post contains an editorial entitled “Democrats have a case, probably won’t make it.”

The Seattle Times contains an editorial entitled “Alito and the drumroll of executive authority.”

The Virginian-Pilot contains an editorial entitled “An election won, a promise kept.”

And in The Cornell Daily Sun, Jamie Weinstein has an op-ed entitled “Attacking Alito.”

Posted at 7:00 AM by Howard Bashman



“Hearing Set on Lethal Injections; A death row inmate who is scheduled to die Feb.21 has filed a motion questioning the constitutionality of the execution method”: Henry Weinstein has this article today in The Los Angeles Times.

And Howard Mintz of The San Jose Mercury News reports today that “Ken Starr fights for death row inmate.”

Posted at 6:45 AM by Howard Bashman



“Justice and Junkets”: An editorial published today in The New York Times begins, “Justice Antonin Scalia certainly has poor judgment when it comes to vacations.”

Posted at 6:42 AM by Howard Bashman



“Prosecutor Will Step Down From Lobbyist Case”: The New York Times today contains an article that begins, “The investigation of Jack Abramoff, the disgraced Republican lobbyist, took a surprising new turn on Thursday when the Justice Department said the chief prosecutor in the inquiry would step down next week because he had been nominated to a federal judgeship by President Bush.”

Posted at 6:40 AM by Howard Bashman



Thursday, January 26, 2006

Meanwhile, back in New Jersey: Today in The Bergen Record, Amy Klein reports that “Chagares nominated to fill judgeship vacated by Chertoff.”

The Newark Star-Ledger reports today that “Stalemate broken on U.S. judges for Jersey; White House agrees to fill vacancies in Trenton, Camden and Newark.”

Men may be from Mars, and women from Venus, but The Asbury Park Press reports today that “Bush nominates a Neptune native for trial-court judgeship; She is currently a U.S. Magistrate.”

And The Philadelphia Inquirer reports today that “Prosecutor Bumb picked for U.S. bench; The assistant U.S. attorney’s big wins include Milton Milan’s conviction.”

Posted at 10:20 PM by Howard Bashman



“Flight attendants win case against Air Canada”: The Toronto Globe and Mail provides a news update that begins, “The Supreme Court of Canada ruled Tuesday that Air Canada’s flight attendants can compare their pay with that of pilots and ground crews to determine if they are being discriminated against because of gender.” You can access today’s ruling of the Supreme Court of Canada at this link.

Posted at 5:18 PM by Howard Bashman



In 9/11-related perjury prosecution against Osama Awadallah arising from testimony he gave under oath to a federal grand jury, Second Circuit affirms trial court’s prohibition on asking grand jurors to testify concerning their subjective impressions of the defendant’s demeanor and appearance: You can access today’s ruling at this link. The ruling is a setback to federal prosecutors, who took the appeal seeking to overturn the trial court’s pretrial order limiting the type of questions that could be put to grand jurors who will be called as witnesses for the prosecution at trial. Some additional background about the case can be accessed here.

Posted at 5:00 PM by Howard Bashman