How Appealing



Wednesday, February 22, 2006

“Parsing pain: As he spoke to the Heritage Foundation, you would never have guessed that mild-mannered John Yoo paved the legal road to torture.” Walter Shapiro has this essay online at Salon.com.

Posted at 11:22 PM by Howard Bashman



“Redistricting question resurrected”: The Pueblo (Colo.) Chieftain today contains an article that begins, “News that the U.S. Supreme Court would hear a Republican Party challenge to the state’s 2003 redistricting ruling drew a venomous response from state Democrats on Tuesday.”

Posted at 10:24 PM by Howard Bashman



“Justices agree to hear abortion case; Court-watchers eager to see how Alito and Roberts rule”: Charlie Savage has this article today in The Boston Globe.

Today in The Houston Chronicle, Patty Reinert reports that “High court sets stage for ruling on abortion; Bush appointee Alito could cast deciding vote on partial-birth case.”

The Lincoln Journal Star reports that “Supreme Court to hear Nebraska abortion case.”

The Newark (N.J.) Star-Ledger reports that “Top court to consider U.S. curb on abortions; Debate on ‘partial-birth’ ban is set for fall.”

The Toronto Globe and Mail reports that “U.S. reopens abortion debate; In move decried as ‘dangerous’ for women, top court plans to review partial-birth ban.”

The Australian reports that “US to rule on late-term abortion.”

The Cincinnati Enquirer contains an article headlined “Chabot: Law should stand; Supreme Court will review ban of late-term abortion procedure.”

The Cincinnati Post reports that “Abortion foes look to court.”

And The Bergen (N.J.) Record reports that “Both sides brace for pivotal decision.”

Posted at 10:15 PM by Howard Bashman



“It’s settled: Measure 37 lives; Oregon justices answer the land-use law’s biggest question, but others remain.” This article appears today in The Oregonian, along with articles headlined “Some farmers see eased restrictions as a way to sell a few acres and stay in business” and “Governor’s race: Challengers fault Kulongoski, but he defends his role.”

And The Salem Statesman Journal today contains articles headlined “High court upholds Measure 37; State and counties face thousands of land-use claims” and “Mixed opinions greet court’s land-use ruling; Residents say that questions remain despite the decision.”

Posted at 10:04 PM by Howard Bashman



“Why Summary Judgment is Unconstitutional”: Law Professor Suja Thomas has posted this article (abstract with link to download) online at SSRN. The “Legal Theory Blog” describes it as a “very provocative and remarkably persuasive piece.”

Posted at 9:50 PM by Howard Bashman



“Appeals Court to Rehear Admissions Policy Challenge; 9th Circuit grants Kamehameha Schools’ petition for en banc review”: Kamehameha Schools issued this statement today regarding the news I earlier noted here.

Posted at 7:35 PM by Howard Bashman



Second Circuit holds that United Air Line’s $25 million “Property Terrorism & Sabotage” insurance policy does not cover the airline’s lost gross earnings attributable to the September 11, 2001 terrorist attacks, other than those that may have resulted from the destruction of its ticket office in the World Trade Center in New York: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 7:32 PM by Howard Bashman



“There is little caselaw addressing the issue whether the RFRA applies to an action by a private party seeking relief under a federal statute against another private party who claims that the federal statute substantially burdens his or her exercise of religion.” The majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued an interesting decision. The majority concludes that the Religious Freedom Restoration Act of 1993 may preclude a minister’s federal age discrimination claim against his church, thereby eliminating any need for the Second Circuit to consider whether to adopt the controversial “ministerial exception” to the ADEA. But the majority stops short of reaching a definitive holding regarding RFRA’s impact on the ADEA, leaving the question to be addressed in the first instance on remand.

You can access the majority opinion here and the dissenting opinion here.

Posted at 7:15 PM by Howard Bashman



“Court to rehear Kamehameha admissions case”: The Honolulu Advertiser provides a news update that begins, “The U.S. 9th Circuit Court of Appeals will rehear the case involving a non-Hawaiian student seeking to enroll at Kamehameha Schools. The ruling today is a blow to the hopes of the unnamed non-Hawaiian student seeking to gain entrance to the school whose policy is aimed at admitting only students with Hawaiian blood.”

And The Associated Press reports that “Appeals court agrees to rehear Kamehameha admission case.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

The now-vacated ruling by a partially-divided three-judge Ninth Circuit panel can be accessed here. I collected press coverage of that ruling at this link, while my coverage of that ruling is here.

Posted at 6:23 PM by Howard Bashman



Programming note: I’ll be attending a reception at the federal courthouse in Philadelphia this afternoon commemorating the opening of a new exhibit there called “The Lincolns in Philadelphia.” Additional posts will appear here later today.

Posted at 2:55 PM by Howard Bashman



The Sacramento Bee is reporting: Today’s newspaper contains articles headlined “New justices hear wetlands case; Clean Water Act ruling will offer first look at environmental stances“; “Court upholds church rite; Chief Justice Roberts writes opinion on use of hallucinogen“; and “Court backs state in ad fight; Tobacco firms tried to halt tax funding of don’t-smoke pitches.”

Meanwhile, in death penalty-related news, “Morales’ execution postponed; The state decides to wait after a judge sets new limits on lethal injection” and “Doctors found death duty unethical; Now, legislation is proposed to ensure physicians won’t be called to participate.”

Posted at 2:44 PM by Howard Bashman



Supreme Court Puts Sentencing In California on Shaky Ground”: Brent Kendall of The Daily Journal of California provides this report.

Posted at 2:33 PM by Howard Bashman



“BlackBerry maker scores patent win; U.S. Patent and Trademark Office issues final rejection on one of the patents at issue in infringement dispute”: CNNMoney.com provides this report.

Posted at 1:10 PM by Howard Bashman



Hot or not? What do the attorneys involved in the testy Boston-area email tiff look like? Thanks to CNN.com’s online video library, you can bring speculation to a close by clicking here. My earlier coverage of the matter can be accessed via this link.

Posted at 12:54 PM by Howard Bashman



“We have an open government, and secret trials are inimical to the spirit of a republic, especially when a citizen’s liberty is at stake.” Holding that a federal district court violated the Sixth Amendment rights of a criminal defendant charged with aggravated sexual abuse by closing the courtroom during the testimony of the children whom the defendant allegedly abused, today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit reversed the defendant’s conviction and ordered a new trial. The opinion can be accessed here.

Posted at 11:44 AM by Howard Bashman



“Supreme Court revives bias case; Could restore verdict in case against Tyson”: The Birmingham News today contains an article that begins, “A racial bias case against Tyson Foods by two black men from Gadsden was revived Tuesday by the U.S. Supreme Court, which said the use of the term ‘boy’ in the workplace could be considered evidence of discrimination.”

Posted at 11:05 AM by Howard Bashman



“Justices May Hear Detainee’s Appeal”: The Washington Post today contains an article that begins, “The Supreme Court refused yesterday to dismiss a case that challenges the legality of military trials for terrorism suspects, declining to immediately accept the Bush administration’s argument that a new law has stripped the court of its ability to consider the matter.”

Posted at 11:00 AM by Howard Bashman



“Sex tape violates privacy, Kid Rock lawsuit argues”: The Detroit Free Press today contains an article that begins, “Lawyers for Kid Rock went to federal court Tuesday to block the release of an explicit sex video featuring the rap-rocker, several women and former Creed singer Scott Stapp. The Detroit musician got an initial victory when District Judge John Feikens signed a temporary restraining order that said the company planning to sell the video had to take a preview clip down from its Web sites.”

Posted at 10:44 AM by Howard Bashman