How Appealing



Wednesday, February 22, 2006

“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



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