How Appealing



Thursday, March 16, 2006

“Review Set for Fallout of ‘Booker’; Judicial Experts See Much Ado in Congressman’s Blast”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 5:10 PM by Howard Bashman



Justice Samuel A. Alito, Jr. speaks: The U.S. Supreme Court has begun posting online the transcripts from that Court’s last argument session.

Justice Alito’s very first question from the bench of that Court occured in Rapanos v. United States, No. 04-1034, and was: “Does it make sense to say that any wetlands that it abuts a traditionally navigable water is covered, but a tributary that leads right into a traditionally navigable water is not necessarily covered?”

For those who’d rather read the transcript of Marshall v. Marshall (also known as the Anna Nicole Smith case), No. 04-1544, that transcript can be accessed here, while the transcript in DaimlerChrysler Corp. v. Cuno, No. 04-1704, is here.

Posted at 4:55 PM by Howard Bashman



“Sen. Dean Johnson’s statements about court stir furor; Dean Johnson said justices told him they wouldn’t overturn state’s same-sex-marriage law”: The Minneapolis Star Tribune today contains an article that begins, “As legislators wrestle with the explosive issue of a proposed constitutional amendment to ban same-sex marriage, Senate Majority Leader Dean Johnson has been caught on a recording telling pastors that there was little need for such a ban because he had been assured by state Supreme Court justices that they would not overturn Minnesota law and allow such unions.” Audio of the state senator’s remarks can be accessed online at this link (mp3 format).

And in other coverage, The St. Paul Pioneer Press reports today that “Johnson remarks target of petition; DFLer offered assurances about marriage law.”

Posted at 3:50 PM by Howard Bashman



In constitutional challenge to Alabama’s law prohibiting sale of sex toys, federal district court issues “corrected” opinion rejecting plaintiffs’ claims: The U.S. District Court for the Northern District of Alabama issued its corrected memorandum opinion yesterday. That court’s original, uncorrected opinion issued February 28, 2006, reaching the same result, can be accessed here. Notwithstanding my affection for sex toy-related judicial opinions (heck, it’s the topic of my “On Appeal” column next week for law.com), I don’t currently have the time to compare those two 56-page rulings to see what has changed. If anyone does perform the comparison, please let me know what you discover.

Posted at 3:00 PM by Howard Bashman



California inmate’s letters from prison to his attorney-wife are not protected from disclosure under the marital communications privilege: As a result, those portions of the letters that are not protected from disclosure under the attorney-client privilege or work product doctrine will be disclosed to the federal government, which is prosecuting the inmate on federal charges, the U.S. Court of Appeals for the Ninth Circuit ruled today in a decision you can access here.

Posted at 2:44 PM by Howard Bashman



“U.S. implores Moussaoui judge; Prosecutors seek to put ‘untainted’ witness on stand to preserve death penalty option”: This article appears today in The Sacramento Bee. My post from earlier today collecting additional press coverage can be accessed here.

Posted at 2:33 PM by Howard Bashman



Nudity on appeal: As I mentioned earlier, I really enjoyed my visit on Tuesday to the Ohio Judicial Center, where I observed the Supreme Court of Ohio in action at oral argument and where I had the pleasure of a behind-the-scenes tour of the building, which is quite wonderful.

At oral argument, Ohio’s seven Justices impressed me as well-prepared and thoughtful. This marked the first time that I have personally been in the presence of a State’s highest court on which the majority of the Justices are female, and Ohio is one of several States where that is now the case.

The courtroom itself is a sight to behold. The ceiling murals featured a bit more nudity than I’m used to observing in a courtroom. (Examples can be viewed here, here, and here, while those of you with QuickTime can take a virtual tour of the courtroom via this link.) But, unlike in the Ashcroft Justice Department, there’s no attempt to cover-up the artwork at the Supreme Court of Ohio.

Posted at 11:40 AM by Howard Bashman



“Bad Standards: The ABA goes to the Grutter.” Abigail Thernstrom and Roger Clegg have this essay today at National Review Online.

Posted at 11:14 AM by Howard Bashman



“Surrogate mom who kept kids must pay dad”: The Cleveland Plain Dealer today contains an article that begins, “A surrogate mother breached a contract when she secreted away the triplets she delivered for a would-be Kirtland father and set out to raise them at her Pennsylvania home, an appellate court ruled Wednesday.”

You can access yesterday’s ruling of Ohio’s Ninth District Court of Appeals at this link.

Posted at 9:45 AM by Howard Bashman



“Whistle-blower tells jury of ‘blatant’ lies; Watkins, who predicted Enron’s fall, walks jurors through her 2001 meeting with Lay”: Mary Flood has this article today in The Houston Chronicle.

The New York Times today contains an article headlined “Warning on Enron Recounted” and an editorial entitled “All About Andy.”

The Washington Post reports that “Whistle-Blower Shifts Focus of Enron Trial.”

And The Los Angeles Times reports that “Whistle Blower Recounts Enron Tale.”

Posted at 7:20 AM by Howard Bashman



“Prosecutors Scramble to Salvage 9/11 Case After Ruling”: The Washington Post contains this article today, along with an article headlined “Embattled Lawyer Had Limited Role in 9/11 Trial.”

The New York Times reports today that “Moussaoui Prosecutors Seek Security Officials’ Testimony.” And Adam Liptak has a news analysis headlined “Crossing a Fine Line on Witness Coaching.”

The Los Angeles Times reports that “U.S. Tries to Salvage Unraveling 9/11 Trial; Prosecutors in Zacarias Moussaoui case ask that ban on aviation security witnesses be lifted, or ‘there’s no point for us to go forward.’

USA Today reports that “Sanction makes Moussaoui case ‘impossible,’ feds say; Prosecutors appeal ruling to bar aviation officials’ testimony.”

The Washington Times reports that “Moussaoui judge asked to allow FAA testimony.”

And The Chicago Tribune contains an editorial entitled “‘My government let me down.’

Posted at 7:15 AM by Howard Bashman



“Abortion showdown in Sioux Falls: South Dakota’s only clinic is front and center in national struggle.” This article appears today in The Chicago Tribune.

Posted at 7:05 AM by Howard Bashman



“The Moussaoui Trial: It’s High Time The Death Penalty Is Taken Off the Table.” Edward Lazarus has this essay online at FindLaw today.

Posted at 6:40 AM by Howard Bashman



Wednesday, March 15, 2006

“Souter’s home stays safe”: The Concord (N.H.) Monitor today contains an article that begins, “Somewhere in Washington, U.S. Supreme Court Justice David Souter may have breathed a sigh of relief last night. Voters in his hometown of Weare voted emphatically to direct town officials not to seize his house by eminent domain.”

Posted at 5:54 PM by Howard Bashman



“Ohio House OKs ban on pregnancy disputes”: The Columbus Dispatch today contains an article which reports that “Ten days after the Ohio Supreme Court ruled that parents of children with birth defects can sue doctors for failing to identify the abnormalities during pregnancy, the House approved a bill that would ban such lawsuits. The bill now goes to Gov. Bob Taft, who is expected to sign it.”

My earlier coverage of that ruling can be accessed here and here.

Posted at 5:45 PM by Howard Bashman



“Should campaign-finance laws apply to blogs? Congress votes this week on a bill that would exempt blogs from regulation; Critics see a soft-money loophole.” This article will appear Thursday in The Christian Science Monitor.

Posted at 5:44 PM by Howard Bashman



“Judiciary Asks Congress to Tread Carefully with Sentencing”: The Administrative Office of the U.S. Courts issued this news release today. The prepared text of testimony that U.S. District Judge Paul G. Cassell of the District of Utah will deliver tomorrow to the House Judiciary Committee‘s Subcommittee on Crime, Terrorism, and Homeland Security can be accessed here.

Judge Cassell’s “Statement of the Judicial Conference,” in footnote 13, calls Law Professor Doug Berman’s “Sentencing Law and Policy” blog an “excellent and indispensable website.”

Posted at 4:42 PM by Howard Bashman



Men wearing thong underwear (and nothing else) retain no civil rights: Shannon P. Duffy of The Legal Intelligencer provides a news update headlined “Thong-Wearing Protestors Lose Civil Suit Against State Troopers.”

You can access Monday’s ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link. The opinion begins, “In July, 2004, Plaintiffs — a small group of young men — protested against President Bush’s visit to Lancaster County, Pennsylvania by stripping down to thong underwear and climbing onto each other’s backs.”

Posted at 4:11 PM by Howard Bashman