How Appealing



Sunday, March 26, 2006

“For Flanders, it’s time for a career change — again”: Today in The Providence Journal, columnist M. Charles Bakst has an op-ed that begins, “When former Rhode Island Supreme Court Justice Robert Flanders strode last Monday into the freshman constitutional law seminar he teaches at his alma mater, Brown University, a cry of ‘Congratulations!’ rang out and the students applauded. Well, why not? Republican Flanders, 56, had emerged as GOP Sen. Lincoln Chafee’s pick for a seat on the U.S. 1st Circuit Court of Appeals in Boston.”

Posted at 4:25 PM by Howard Bashman



“Group wants federal court to decide pay-raise challenges”: The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, “A government watchdog group wants a federal judge to take the lead in deciding the constitutionality of the 2005 state officials’ pay raise law.”

Posted at 4:14 PM by Howard Bashman



“Debate about how we die rages on, but chasm grows”: The Orlando Sentinel today contains an article that begins, “A bulletproof vest still hangs in his office closet, but Pinellas Circuit Judge George Greer has collected a number of awards to hang on the wall.” According to the article, later this week will mark the one-year anniversary of the death of Terri Schiavo.

Posted at 3:00 PM by Howard Bashman



“Supreme Court: Detainees’ Rights–Scalia Speaks His Mind.” Michael Isikoff will have this Periscope item in the April 3, 2006 issue of Newsweek.

Reuters reports that “Supreme Court justice said to slam detainee rights.”

And at “SCOTUSblog,” Marty Lederman has a post titled “Justice Scalia Announces Opposition to Trials in Civil Courts for Alien Military Detainees.”

Justice Antonin Scalia’s remarks are available online at this link (Windows Media Player required).

Posted at 2:33 PM by Howard Bashman



“On S.D. abortion law, loud silence”: Dick Polman, political analyst for The Philadelphia Inquirer, has this article today in that newspaper.

Posted at 9:04 AM by Howard Bashman



Saturday, March 25, 2006

In news from the University of North Dakota School of Law: The U.S. Court of Appeals for the Eighth Circuit heard oral arguments there yesterday.

In news coverage, The Associated Press provides an article headlined “Lawyer: North Dakota hunting rules are illegal; Arguments heard at UND’s law school draws crowd of 150.” And The Forum of Fargo reports that “N.D. hunting rights argued.” According to The AP’s report, “McGuigan handled most of the judges’ questions after Haas [a North Dakota assistant attorney general] became speechless early in his own presentation. After making a few remarks, Haas was able to speak only a few words at a time, standing silent at the lectern for about 20 seconds at a time before sitting down. He appeared to be stricken by stage fright.”

And in related coverage, “Iraq veteran’s arguments stifled at murder trial, lawyer says.”

Posted at 11:50 PM by Howard Bashman



“For Closure: Do death sentences really give victims relief?” Dahlia Lithwick has this jurisprudence essay online at Slate. And the odds are quite good that the essay will also appear as an op-ed in tomorrow’s edition of The Washington Post.

Posted at 11:40 PM by Howard Bashman



“Reynolds says court ruling won’t hurt domestic cases; Chief says probable cause enough to let cops enter without warrant”: The Huntsville Times today contains an article that begins, “Huntsville Police Chief Rex Reynolds doesn’t think a U.S. Supreme Court ruling this week will raise major obstacles to the way his officers handle domestic violence calls.”

Posted at 11:24 PM by Howard Bashman



“Initiative Targets Abortion Ban; Foes of South Dakota’s new law are gathering signatures for a ballot challenge to overturn it”: This article appears today in The Los Angeles Times.

Posted at 10:20 AM by Howard Bashman



In today’s edition of The Washington Post: An article reports that “Families’ Hope For Answers At 9/11 Trial Is Unfulfilled; With New Information Scant, Frustration and Pain Mingle.”

Sandra Day O’Connor and Roy Romer have an op-ed entitled “Not By Math Alone.”

And a letter to the editor begins, “In his March 16 op-ed column, Robert D. Novak argued that Judge Terrence W. Boyle deserves a prompt Senate confirmation vote to the U.S. Court of Appeals for the 4th Circuit in part because ‘his only liability is that he is a conservative who spent a year on Sen. Jesse Helms’s staff.'”

Posted at 10:15 AM by Howard Bashman



In today’s edition of The New York Times: An article headlined “In Bills’ Small Print, Critics See a Threat to Immigration” begins, “A little-noticed provision in two key Senate immigration bills would reshape the handling of immigration appeals cases and has touched off an outcry from several legal scholars, federal judges and the policy-making group for the federal courts.”

A news analysis is headlined “Unwelcome Attention From Moussaoui Trial.”

In other news, “Privileged Conversations Said Not Excluded From Spying.”

And in news from Chicago, “Jury Weighing Fate of Ex-Governor of Illinois Has Its Own Problems.”

Posted at 10:08 AM by Howard Bashman



“Conference on Supreme Court Nomination Process”: Thanks to C-SPAN, you can access online the video of all six hours and twenty-three minutes of Friday’s fascinating conference programs (which I earlier previewed here) by clicking here (RealPlayer required). Sandwiched in the middle of the broadcast is a talk from, and question-and-answer session with, Justice Stephen G. Breyer.

Posted at 12:30 AM by Howard Bashman



“The Ninth Circuit (Most of It, Anyway) Fires Back”: At “PrawfsBlawg,” Steve Vladeck has this post about Circuit Judge Alex Kozinski‘s latest effort at explaining why the Ninth Circuit should remain intact. An update to the posts counts fourteen Ninth Circuit judges who did not sign-on to Judge Kozinski’s essay.

Posted at 12:05 AM by Howard Bashman



Friday, March 24, 2006

Access online today’s order of the U.S. Supreme Court announcing reargument of Kansas v. Marsh, No. 04-1170: The order is available online here.

The case was originally argued on December 7, 2005, while Justice Sandra Day O’Connor was still serving. The transcript of that oral argument is here. This is the second case to be reargued since Justice Samuel A. Alito, Jr. joined the Court. The first case, Garcetti v. Ceballos, No. 04-473, was reargued earlier this week.

Posted at 3:18 PM by Howard Bashman



“Roberts confirms his preference for cops; The Supreme Court’s new chief justice takes off the kid gloves in defending martial authority over citizens”: The Roanoke Times contains this editorial today.

Posted at 2:24 PM by Howard Bashman



“All Rise, Rock and Roll; 7 D.C. Judges and a Shrink Court Fun — and a Little Disorder”: This article appears today in The Washington Post.

Posted at 2:20 PM by Howard Bashman



“Supreme Court Nominations: Associate Justice Stephen Breyer remarks on the Supreme Court and its role in democracy at a Harvard University conference on the role of the press, political parties, public policy, and interest groups.” Beginning at 10:45 a.m. eastern time today, C-SPAN will provide live coverage of an event organized by the Shorenstein Center on the Press, Politics and Public Policy.

The first part of the program is titled “Nomination of John Roberts to the Supreme Court.” The second part of the program is titled “The Role of the Supreme Court in American Democracy.” And the third and final part of the program being televised is titled “Nominations of Harriet Myers [sic] and Samuel Alito.”

You can view the event live, online by clicking here (RealPlayer required) or here (Windows Media Player required).

Posted at 10:40 AM by Howard Bashman



Instead of living up to the sentiments engraved on a tablet at the base of the Statue of Liberty, “in the halls of our immigration courts today, the sentiments all too often are more like ‘don’t let the door hit you on your way out'”: So writes Sixth Circuit Judge Boyce F. Martin, Jr. in a concurring opinion issued today in an immigration appeal decided by a divided three-judge panel of that court.

Posted at 10:20 AM by Howard Bashman



“After Roe: South Dakota is a preview of what the abortion landscape will look like–eventually.” Jonathan V. Last has this essay online today at The Weekly Standard.

Posted at 9:14 AM by Howard Bashman