How Appealing



Wednesday, February 22, 2006

Today’s U.S. Supreme Court opinions in argued cases: The Court today issued a total of four opinions in argued cases. Because these four cases were argued before Justice Samuel A. Alito, Jr. joined the Court, he did not participate in any of these rulings.

The Court’s first opinion issued today comes in the case of Oregon v. Guzek, No. 04-928. The syllabus can be accessed here; Justice Stephen G. Breyer’s opinion of the Court here; Justice Antonin Scalia’s opinion concurring in the judgment, in which Justice Clarence Thomas joined, here; and the oral argument transcript here.

The Court’s second opinion issued today comes in the case of Arbaugh v. Y & H Corp., No. 04-944. You can access the syllabus here; Justice Ruth Bader Ginsburg’s opinion for a unanimous Court here; and the oral argument transcript here.

The Court’s third opinion issued today comes in the case of Dolan v. U.S. Postal Service, No. 04-848. You can access the syllabus here; Justice Anthony M. Kenendy’s opinion of the Court here; Justice Thomas’s dissenting opinion here; and the oral argument transcript here.

The Court’s fourth and final opinion issued today came in the case of Domino’s Pizza, Inc. v. McDonald, No. 04-593. You can access the syllabus here; Justice Scalia’s opinion for a unanimous Court here; and the oral argument transcript here.

At “SCOTUSblog,” Lyle Denniston provides a post titled “No right to claim innocence.”

Posted at 10:15 AM by Howard Bashman



“Hearings were harsh, Meese says”: The Richmond Times-Dispatch today contains an article that begins, “Former U.S. Attorney General Edwin Meese III last night condemned what he termed the vicious attacks by left-leaning groups and legislators against judicial nominees who favor judicial restraint.”

Posted at 9:24 AM by Howard Bashman



“U.S. justices decline to hear Fumo appeal; Yesterday’s action will not affect a federal probe of the state senator and a nonprofit organization”: An interview that I participated in yesterday is mentioned in this article published today in The Philadelphia Inquirer.

Posted at 7:30 AM by Howard Bashman



In today’s edition of The Los Angeles Times: David G. Savage has articles headlined “Major Abortion Case Goes to Justices“; “Congregation Is Allowed Its Tea; The Supreme Court rules against the Bush administration and permits a sect to use a hallucinogen ritually“; “Roberts, Scalia See Limits to the Reach of Clean Water Act; Alito could be a swing vote in a case testing the pollution law’s role in wetlands and streams“; and “California’s Sentencing to Be Reviewed by Court.”

In other news, “State Halts Execution to Review Procedure; Officials are unable to meet a judge’s demand that a lethal injection be overseen by a doctor; Effects on the death penalty are unclear” and “Doctors Wary of Crossing Line; Most physician groups believe participation violates the ethical rule of ‘do no harm’; Some experts say their presence is unnecessary.”

An article reports that “Property Rights Law Is Upheld in Oregon.”

In other news, “Google’s Image Search Set Back; A judge’s ruling could require the Web giant to exclude a publisher’s copyrighted photos.” The ruling can be accessed here.

An article reports that “No Charges Against Lawyers Seen; Plaintiffs attorneys William Lerach and Melvyn Weiss won’t be indicted in an alleged kickback scheme, a source says.”

And an editorial is entitled “High court concerns.”

Posted at 7:22 AM by Howard Bashman



“School board paying court costs in ID case”: The Chicago Tribune today contains an article that begins, “The Dover Area School Board on Tuesday night agreed to pay $1 million in court costs incurred by 11 parents who charged the rural Pennsylvania district with unconstitutionally teaching intelligent design and won their suit in federal district court last December.”

The York Daily Record today contains an article headlined “Dover ID bill: $1M.”

And The Philadelphia Inquirer reports that “Dover schools to pay $1 million.”

Posted at 7:15 AM by Howard Bashman



In today’s edition of The Washington Post: Dana Milbank’s Washington Sketch column is headlined “High Court’s Newbie Rounds the Learning Curve.”

An article reports that “High Court To Hear Case On Royalties For Synagis.”

In business news, “Canada Lobbies for Maker of BlackBerry; Officials Contacting U.S. on Patent Review.”

An article headlined “Press Can Be Prosecuted for Having Secret Files, U.S. Says” begins, “The Bush administration said that journalists can be prosecuted under current espionage laws for receiving and publishing classified information but that such a step ‘would raise legitimate and serious issues and would not be undertaken lightly,’ according to a court filing made public this week.”

In other news, “California Puts Execution Off After Doctors Refuse to Help.”

And a front page article is headlined “With a Wink, Alleged Plot To Foil a Trial Set in Motion; Woman on D.C. Jury Knew Defendant, Wife.”

Posted at 7:00 AM by Howard Bashman



In today’s edition of The New York Times: An article headlined “U.S. Case Against 2 Lawyers Appears to Falter” begins, “For the influential class-action lawyer William S. Lerach, the news that arrived late last Friday was a step closer to vindication. Mr. Lerach and a former partner, Melvyn I. Weiss, were informed by government investigators that no charges would be filed against them for now in a five-year-old inquiry into allegations that the two used illegal tactics in shareholder lawsuits, lawyers involved in the case said yesterday.”

And in other news, “Court Rejects Abuse Claims Citing Church” and “New York’s Top Court Reverses Man’s Conviction on Gun Charge.”

Posted at 6:50 AM by Howard Bashman



“The Essence of Marriage and Equality: The New Jersey Supreme Court Considers Same-Sex Marriage.” Sherry F. Colb has this essay online today at FindLaw.

Posted at 6:40 AM by Howard Bashman