How Appealing



Friday, March 10, 2006

“O’Connor Fires Back on Judicial Independence”: Anyone who thinks that the remarks that Justice Sandra Day O’Connor delivered earlier this week evidenced some new-found freedom that she now enjoys in retirement should see this report from Tony Mauro from November 2005, reporting on a quite similar talk that Justice O’Connor gave last year while she was still in active service on the U.S. Supreme Court.

Posted at 11:00 PM by Howard Bashman



“Court: Bias has a price for Scouts.” Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper. Earlier today, I collected additional press coverage here.

Posted at 10:30 PM by Howard Bashman



“Terror Case ‘Delicate,’ Judge Warns Prosecutors”: Saturday’s edition of The Washington Post will contain an article that begins, “Just after the first week of testimony wrapped up in the death penalty trial of Zacarias Moussaoui, the judge issued a stern warning to prosecutors: You are ‘treading on very delicate legal ground.'”

Posted at 10:25 PM by Howard Bashman



“Test results announced in MacDonald case”: The Raleigh News & Observer provides an update that begins, “Federal prosecutors announced today that DNA tests completed eight years after being submitted did not find evidence that others were in Dr. Jeffrey MacDonald’s home the night his family was murdered in their Fort Bragg apartment.”

And The Associated Press reports that “DNA Matches ‘Fatal Vision’ Convict’s Hair.”

Posted at 8:25 PM by Howard Bashman



Changes of address: On April 24, 2006, just four days after this blog moves to a new online address, the Clerk’s Office of the U.S. Court of Appeals for the Fifth Circuit will relocate to a new address in New Orleans.

Ordinarily I don’t report here on the change of address of a federal appellate court’s clerk’s office, but given what happened in New Orleans a little while back a number of readers emailed me curious to find out whether the relocation was hurricane-related.

I emailed “someone in the know,” who responded as follows:

This is the completion of a project begun several years ago. The clerk’s office needs more space because of the planned advent of electronic case filing. The clerk’s office and staff attorney’s office are moving to a building diagonally across the street from the old Camp Street location. The courtrooms and judges’ chambers remain in their old location.

There was no damage to the Fifth Circuit courthouse or to any of the court’s records. This move would have occurred anyway.

There you have it. The new address for the Fifth Circuit’s Clerk’s Office, effective April 24, 2006, can be accessed at that court’s home page.

Posted at 6:04 PM by Howard Bashman



“Constitutional, But Immoral; Although technically constitutional, the Solomon Amendment must be fought against”: This editorial appears today in The Harvard Crimson.

Posted at 5:22 PM by Howard Bashman



Forthcoming appellate columns: Around 10 p.m. eastern time tonight, law.com will post online the new installment of my weekly “On Appeal” column. It is provisionally headlined “Liberal Law Professors and the Solomon Amendment Rout.”

And on Monday, The Legal Intelligencer will publish the new installment of my monthly “Upon Further Review” column. It is provisionally headlined “Total Recall: Where’s My Free Lunch?” The column looks at the last and next judicial retention elections for Justices serving on the Supreme Court of Pennsylvania. I’ll post the text of this column online next Wednesday.

Posted at 3:14 PM by Howard Bashman



Ninth Circuit decides “Bong Hits 4 Jesus” First Amendment student free speech case: The case arose in Juneau, Alaska, and today Alaska-based Circuit Judge Andrew J. Kleinfeld, on behalf of a unanimous three-judge panel, has issued an opinion holding that a high school principal is not entitled to qualified immunity in a federal civil rights case challenging her confiscation of a student’s banner reading “Bong Hits 4 Jesus” displayed at a Winter Olympics Torch Relay as the torch was carried down the street in front of the Juneau-Douglas High School in January 2002.

This matter has previously received extensive press coverage. The Associated Press published reports headlined “Federal judge sides with Alaska school in spat over ‘bong’ banner” and “‘Bong’ banner case focuses on what students can say.”

And The Juneau Empire has covered this dispute in articles headlined “Judge: School district within rights to take debated banner; Young man says he will appeal ruling on banner at Olympic Torch Relay“; “Banner case heading to court; ACLU to help JDHS student who says he’s fighting for free speech“; and “Banner canned; free speech rights at issue; ‘Bong Hits 4 Jesus’ sign at Olympic Torch Relay leads to two JDHS students being suspended.”

Posted at 2:00 PM by Howard Bashman



“Renewed Patriot Act could limit federal appeals for death row inmates; Provision allows U.S. attorney general, not federal appeals courts, to decide if states qualify for ‘fast-track’ review of death penalty cases”: This article appears today in The Austin American-Statesman. My earlier coverage is here.

Posted at 10:54 AM by Howard Bashman



View online the remarks that Chief Justice John G. Roberts, Jr. delivered Wednesday at the Ronald Reagan Presidential Library in Simi Valley, California: Via The Ventura County Star, you can view the Chief Justice’s remarks by clicking here (Windows Media Player required).

In additional press coverage of the talk, The Ventura County Star reported yesterday that “Roberts talks about role of judiciary.” And The Los Angeles Daily News reported yesterday that “Roberts breaks silence in Simi.” My earlier coverage appears here.

Posted at 10:15 AM by Howard Bashman



“Bloggership Conference at Harvard on April 28”: “TaxProf Blog” provides the details here. It appears that many amazing law bloggers are scheduled to be in the same room at the same time.

Posted at 8:50 AM by Howard Bashman



“Court won’t water down urine ruling; In Berkeley case, appellate judges say public urination is a nuisance and crime”: Josh Richman has this article today in The Oakland Tribune. My earlier coverage is here.

Posted at 7:30 AM by Howard Bashman



“Doctors object to new method proposed for lethal injections”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 7:25 AM by Howard Bashman



“Petrocelli pelts a resolute Fastow; Defense attorney tries to cast doubt on ex-CFO’s claim that Skilling orally OK’d illegal deals”: Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that “Fastow Admits He Can’t Prove He Made Illegal Side Deals With Enron’s Former Chief.”

The Washington Post reports that “Defense Attacks Fastow’s Memo; Handwritten Document Refers To Enron Deals.”

The Los Angeles Times reports that “Defense Targets Fastow’s Dealings; The counsel for former Enron CEO Jeffrey Skilling tries to show the legality of transactions involving his client.”

And USA Today reports that “Defense hammers away at Fastow; CFO’s handwritten memo, ‘secret side deals’ questioned.”

Posted at 7:23 AM by Howard Bashman



“Flight Instructor Recalls Unease With Moussaoui; Warnings About Suspect to School’s Supervisor Were Ignored, Pilot Testifies”: The Washington Post contains this article today.

Today in The New York Times, Neil A. Lewis reports that “Agent Says He Thought Moussaoui Knew About Plot.”

The Los Angeles Times reports that “Moussaoui Called a Bad Pilot, but Determined to Fly; At trial, a flight instructor calls the terrorist conspirator’s skills ‘below average’; An FBI agent recounts his suspicions in the days before 9/11.”

USA Today reports that “Moussaoui was ‘obsession,’ FBI agent says; Lies about flight training raised federal suspicions.”

And The Richmond Times-Dispatch reports that “Moussaoui put pilot on edge; Warnings to school’s supervisor were ignored, instructor testifies during fourth day of penalty trial.”

Posted at 7:20 AM by Howard Bashman



“Unwilling father tests men’s rights; A Michigan man who says he was tricked into fatherhood sues to establish a man’s right to decide whether to have children in what’s being called the Roe vs. Wade for men”: This article appears today in The Chicago Tribune.

And today in The Detroit Free Press, columnist Brian Dickerson has an op-ed entitled “Did his right to choose end at bedroom door?

My earlier coverage of this matter, containing a link to the complaint initiating suit, can be accessed here.

Posted at 7:12 AM by Howard Bashman



“Court affirms ruling on death-row inmate”: The Richmond Times-Dispatch today contains an article that begins, “The federal appeals court in Richmond yesterday narrowly sided with a lower-court judge who rejected condemned Virginia inmate Percy L. Walton’s claims of mental incompetence.” My earlier coverage is here.

Posted at 6:54 AM by Howard Bashman



“As Harvard Seeks a President, Dean Kagan’s Star Is Rising”: Today in The New York Sun, Josh Gerstein has an article that begins, “The dean of Harvard Law School, Elena Kagan, is emerging as a leading contender for the high-profile post of Harvard president as the university struggles to restore decorum and direction after the resignation of its head, Lawrence Summers.”

Posted at 6:40 AM by Howard Bashman



“Senate moves to control abortion; Constitutional change could go to Tennessee voters in 2010”: The Tennessean today contains an article that begins, “Abortion foes won an overwhelming victory in the state Senate yesterday and pushed Tennessee into a national political fray over the thorniest of issues: a woman’s right to choose pitted against the rights of unborn children.”

Posted at 6:38 AM by Howard Bashman



“The Broken Branch: An Unusual Lawsuit Takes Congress to Task For Shoddy and Partisan Lawmaking, In Which A Bill Is Unconstitutionally Being Treated as Law.” FindLaw commentator John W. Dean has this essay today.

Posted at 6:33 AM by Howard Bashman