How Appealing



Monday, March 27, 2006

“Immigration Bill Could Hinder Asylum Bids; Lawyers Say Reforms Might Widen Use of Mass Detentions and Expedited Removals”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 12:08 PM by Howard Bashman



“Justice Jackson’s Unpublished Opinion in Ex parte Quirin“: Law Professor Jack Goldsmith will have this interesting article in the Spring 2006 issue of The Green Bag.

In the article’s first paragraph, Goldsmith writes that “the opinion is of more than historical interest. For it analyzes many of the same issues that are being debated today in the war on terrorism — most notably in the battle over the legality of military commissions currently before the U.S. Supreme Court in Hamdan v. Rumsfeld.”

Posted at 11:20 AM by Howard Bashman



“Free to Dissent: Why Justice Scalia need not recuse himself from the Hamdan case.” Daveed Gartenstein-Ross has this essay online today at The Weekly Standard.

Posted at 11:02 AM by Howard Bashman



“Justices: Suit Against Times Can Proceed.” Gina Holland of The Associated Press provides a report that begins, “The Supreme Court refused Monday to block a defamation lawsuit against The New York Times over columns that linked a former Army scientist to the 2001 anthrax killings.”

Posted at 10:44 AM by Howard Bashman



Today’s U.S. Supreme Court Order List: You can access it online at this link.
The Court today granted review in one case, Lawrence v. Florida, No. 05-8820.

In addition, Justice Antonin Scalia, joined by Justice Samuel A. Alito, Jr., issued an opinion concurring in the denial of certiorari in Fidelity Federal Bank & Trust v. Kehoe, No. 05-919.

The Court today also issued a decree in Arizona v. California, No. 8, Orig.

At “SCOTUSblog,” Lyle Denniston has a post titled “Court to hear habeas case.”

Posted at 10:05 AM by Howard Bashman



This morning’s executive business meeting of the Senate Judiciary Committee: The agenda is here, and C-SPAN intends to broadcast it live at 10 a.m. eastern time. You can access C-SPAN live, online in both RealPlayer and Windows Media Player formats.

C-SPAN’s preview of the meeting states, “Immigration Reform Markup: Sen. Arlen Specter (R-PA) chairs a full Judiciary Committee meeting to mark up pending legislation including a draft bill on comprehensive immigration overhaul. Also, the committee will vote on a bill to televise Supreme Court proceedings and judicial nominations to federal courts.” Among the judicial nominees who could receive votes in committee today are Ninth Circuit nominee N. Randy Smith, whose nomination is embroiled in a tug-of-war between California and Idaho, and District of Minnesota nominee Patrick J. Schiltz, who has provided exemplary service as the reporter for the U.S. Courts Advisory Committee on Appellate Rules.

Posted at 9:58 AM by Howard Bashman



“Decommission The Commissions”: In today’s edition of National Journal, Stuart Taylor Jr. has an essay that begins, “On March 28, the Supreme Court will hear arguments on whether the ‘military commissions’ created by President Bush in November 2001 to prosecute suspected Qaeda terrorists are a time-honored presidential prerogative or (as I have reluctantly come to believe) another unwise, unconstitutional Bush power-grab.”

Posted at 9:50 AM by Howard Bashman



“‘Choose Life’ Tags Appear Headed to Supreme Court”: You can access here the brand new installment of my weekly “On Appeal” column for law.com.

Posted at 7:30 AM by Howard Bashman



“Faces in the abortion battle; Generations new and old are taking up the cause during an era of change”: This article appears today in The Richmond Times-Dispatch.

Posted at 7:24 AM by Howard Bashman



“Vague U.S. Statute Underlies Google Case”: Today in The Los Angeles Times, Michael Hiltzik’s “Golden State” column begins, “Relieved at averting another confrontation with the government that no one needs, all of cyberspace seemed to exhale last week when a federal judge cut way back on the data he would require Google to turn over to the Justice Department in a big privacy case. But I’m not relieved, and you shouldn’t be either.”

Posted at 7:22 AM by Howard Bashman



The New York Times is reporting: Today’s newspaper contains an article headlined “Justices Will Hear Patent Case Against eBay.”

And an article headlined “For a 3rd Time, Two Apples Meet in Court” begins, “Apple Computer will meet the Beatles’ Apple Corps in court this week in London, where a judge will determine whether Apple Computer’s iTunes online music service violates a 1991 agreement between the two companies that, the Beatles’ Apple claims, blocked the computer maker from selling music.”

Posted at 7:00 AM by Howard Bashman



Sunday, March 26, 2006

“Judicial intemperance: Scalia flips message to doubting Thomases.” The Boston Herald on Monday will contain an article that begins, “Minutes after receiving the Eucharist at a special Mass for lawyers and politicians at Cathedral of the Holy Cross, U.S. Supreme Court Justice Antonin Scalia had a special blessing of his own for those who question his impartiality when it comes to matters of church and state. ‘You know what I say to those people?’ Scalia, 70, replied, making an obscene gesture under his chin when asked by a Herald reporter if he fends off a lot of flak for publicly celebrating his conservative Roman Catholic beliefs.”

Posted at 11:15 PM by Howard Bashman



“A patent injustice”: Monday’s edition of Financial Times contains an editorial that begins, “The recently settled lawsuit involving BlackBerry – which nearly blackened the popular handheld’s screens across America – should be a wake-up call for Americans to tackle the crisis in their patent system.”

Posted at 10:30 PM by Howard Bashman



“Demonizing the courts: Far-right attacks on judiciary are fueling possible violence and must be stopped.” Florida Today contains this editorial today.

Posted at 10:28 PM by Howard Bashman



Georgia v. Randolph and Consent to Search One’s Home”: Daniel J. Solove has this post at “Concurring Opinions.”

Posted at 8:40 PM by Howard Bashman



“Driver for bin Laden tests war tribunal; Osama bin Laden’s driver is about to challenge President Bush’s Military Commissions at the Supreme Court; At issue: Is the anti-terrorism court at odds with the U.S. Constitution?” This front page article appears today in The Miami Herald.

Posted at 6:55 PM by Howard Bashman



“Scalia, Hamdan, and Recusal”: Ed Whelan has this post at National Review Online’s “Bench Memos” blog. And my earlier coverage is here. In only another two and a half hours from now, I should have completely downloaded the 238 MB Windows Media file containing video of Justice Antonin Scalia’s remarks.

Posted at 6:15 PM by Howard Bashman



In Monday’s edition of The Christian Science Monitor: Warren Richey will have an article headlined “At court, a terror case rife with tough issues.”

In other news, “Georgia may OK Bible as textbook; If a new law passes, it would be the first state to establish the Bible in its public school curriculum in modern times.”

And Jim Sollisch will have an op-ed entitled “How abortion bans might help the debate; They could force the majority of people on both sides to find common ground.”

Posted at 5:40 PM by Howard Bashman



“Bench repair”: Today in The Washington Times, former Fifth Circuit Judge Charles W. Pickering Sr. has an op-ed in which he writes, “With good lawyers making far more money than federal judges, with nominees now facing a virtual firing squad at confirmation, it is no wonder studies now show half of those approached about being nominated to the federal judiciary say ‘no thanks.'”

Posted at 4:42 PM by Howard Bashman



“Ad blitz coming in abortion campaign; S.D. debate to lure out-of-state interest”: The Argus Leader of Sioux Falls, South Dakota contains this article today.

Posted at 4:30 PM by Howard Bashman