How Appealing



Thursday, April 20, 2006

It’s like deja-vu, all over again: For those readers who arrived here at various times this afternoon and early evening in search of new content and found, instead, that the most recent post was from Tuesday, April 18, 2006, let me offer my apologies. The (rather humorous) cause of that issue has been identified, and I don’t expect the issue to recur. Of course, any readers who would prefer to read my posts from April 18th, you can either scroll down the page or simply click here.

Posted at 9:15 PM by Howard Bashman



“Bloggers-Meet-Readers on Thursday, April 27, 9 pm, in Cambridge, Massachusetts”: Eugene Volokh has this post at “The Volokh Conspiracy.” I’ll be among the many, many law bloggers in attendance, and Eugene’s post contains a list of all the law bloggers who currently plan to attend.

The papers that will be discussed at next Friday’s conference at Harvard are available via this link.

Posted at 8:50 PM by Howard Bashman



“A new challenge to Roper”: At “SCOTUSblog,” Lyle Denniston has this post about the pending petition for writ of certiorari filed by the State of Alabama in Alabama v. Adams.

The Supreme Court of Alabama‘s decision that gives rise to the cert. petition is the very same ruling that led recused Justice Tom Parker, in an op-ed published in The Birmingham News, to harshly criticize his non-recused colleagues for the decision they reached. Earlier press coverage of this matter can be accessed here and here, while related editorials from Alabama newspapers can be accessed here and here.

Posted at 4:20 PM by Howard Bashman



“Duff Chosen to Manage Judicial Branch; Managing partner at Baker Donelson named as the next director of the Administrative Office of the U.S. Courts”: law.com’s Tony Mauro provides this news update.

Posted at 4:10 PM by Howard Bashman



Access online the audio of today’s oral argument in the U.S. Court of Appeals for the Eighth Circuit in Planned Parenthood v. Rounds: You can access the audio by clicking here (Windows Media format).

According to the web site of the South Dakota Attorney General, “Planned Parenthood filed a lawsuit in June of 2005, challenging the amendments to the state’s informed consent statute pertaining to abortions. The Plaintiffs are challenging the provisions of the new informed consent statute which require, among other things, that the abortion provider advise the prospective patient, in writing, that the abortion will terminate the life of a whole, separate, unique, living human being.” Now before the Eighth Circuit is South Dakota’s appeal from a federal district judge’s entry of a preliminary injunction against certain provisions of this law.

Posted at 3:58 PM by Howard Bashman



On remand for reconsideration in light of in Gonzales v. Raich, three-judge Eleventh Circuit panel disavows its earlier decision holding unconstitutional as exceeding the U.S. Congress’s power under the Commerce Clause a law making intrastate possession of child pornography a federal crime: You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Today’s ruling affirms the defendant’s criminal conviction.

Back in October 2004, the identical three-judge panel had reversed the defendant’s conviction, holding that based on the facts of the case the conviction “amount[ed] to an unconstitutional exercise of the Commerce Clause.” You can access the original ruling here, and my coverage of that ruling from October 2004 is here.

Posted at 3:50 PM by Howard Bashman



“Appeals court denies inmate’s request”: The Raleigh News & Observer provides an update that begins, “Death row inmate Willie Brown Jr.’s execution is set to go forward at 2 a.m. Friday after a federal appeals court denied his request for a delay today.”

Fourth Circuit Judge M. Blane Michael dissented from the three-judge panel’s order, and in his dissenting opinion Judge Michael writes, “The clear weight of evidence, however, reveals that the State’s use of the BIS monitor will not adequately ensure that Brown will remain unconscious throughout his execution.”

Posted at 3:33 PM by Howard Bashman



“Not So Friendly Amici: Look who’s filing Supreme Court briefs now.” Daveed Gartenstein-Ross has this essay in the April 24, 2006 issue of The Weekly Standard.

Posted at 3:15 PM by Howard Bashman



On the menu at this martial arts banquet — pain and suffering: Because that is to be expected at a martial arts banquet, today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit affirms the entry of summary judgment against a plaintiff who sustained serious bodily injury during a friendly post-dinner demonstration. You can access the ruling at this link.

Posted at 2:30 PM by Howard Bashman



“May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation?” Ninth Circuit Judge Stephen Reinhardt, writing for the majority on a three-judge panel, today issued an opinion that begins:

May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation? Appellant in this action is a sophomore at Poway High School who was ordered not to wear a T-shirt to school that read, “BE ASHAMED, OUR SCHOOL EMBRACED WHAT GOD HAS CONDEMNED” handwritten on the front, and “HOMOSEXUALITY IS SHAMEFUL” handwritten on the back. He appeals the district court’s order denying his motion for a preliminary injunction. Because he is not likely to succeed on the merits, we affirm the district court’s order.

Circuit Judge Alex Kozinski dissents in an opinion that begins:

While I find this a difficult and troubling case, I can agree with neither the majority’s rationale nor its conclusion. On the record to date, the school authorities have offered no lawful justification for banning Harper’s t-shirt and the district court should therefore have enjoined them from doing so pending the outcome of this case. Harper, moreover, raised a valid facial challenge to the school’s harassment policy, and the district court should have enjoined the policy as well.

These opinions in Harper v. Poway Unified School District issued today in typescript format.

Posted at 1:20 PM by Howard Bashman



“Based on the totality of the undisputed circumstances, particularly the fact the Friends production was a creative workplace focused on generating scripts for an adult-oriented comedy show featuring sexual themes, we find no reasonable trier of fact could conclude such language constituted harassment directed at plaintiff because of her sex within the meaning of the FEHA.” The Supreme Court of California‘s unanimous decision today in Lyle v. Warner Brothers Television Productions can be accessed here.

Posted at 1:02 PM by Howard Bashman



“Jane Doe” a no-go: The Associated Press provides a report headlined “Judge Dismisses Sex Video Privacy Lawsuit” that begins, ” An invasion of privacy lawsuit filed by a woman who claims she participated in a sex video with Scott Stapp and Kid Rock was dismissed by a judge who said the woman cannot sue if she remains anonymous.”

Posted at 11:50 AM by Howard Bashman



“Case takes students to Supreme Court”: The Yale Daily News today contains an article that begins, “In sifting through their inboxes last spring, 10 Yale Law School students came across an e-mail unlike any they had received before. The author, Neal Katyal LAW ’95, had a favor to ask. Help me to defend Osama Bin Laden’s former driver, he said. And spend hours every week doing so, on top of rigorous law school classes and summer internships.”

Posted at 11:40 AM by Howard Bashman



Just another fun-filled day of collegiality on the Supreme Court of Alabama: Yesterday’s issue of The Decatur Daily contained an article headlined “Tom Woodall criticizes Justices Parker, Moore” that begins, “Justice Tom Woodall isn’t running against Justice Tom Parker or former Chief Justice Roy Moore in the June primaries, but he reserves his most pointed criticisms for them, not his Republican opponent.”

Posted at 11:23 AM by Howard Bashman



“South Dakota abortion case heard by appeals court”: The Associated Press provides a report that begins, “The 8th Circuit U.S. Court of Appeals in St. Louis was to hear a challenge Thursday to South Dakota’s law requiring abortion doctors to warn patients about abortions.” The article later notes that “A day before the measure became law last summer, U.S. District Judge Karen Schreier in Rapid City, S.D., ruled it was an unconstitutional violation of free speech, and issued a preliminary injunction to block the law.”

Via the Eighth Circuit’s web site, you can access the appellate briefs at this link. The three-judge panel assigned to the case consists of Circuit Judges Diana E. Murphy, Michael J. Melloy, and Raymond W. Gruender. Once that court posts online the oral argument audiotape, I will link to it.

Posted at 11:08 AM by Howard Bashman



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Posted at 7:30 AM by Howard Bashman



“Jury Hears 9/11 Relatives Against Killing Moussaoui”: Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that “Moussaoui Gets Some Unusual Help; Some 9/11 Relatives Testify for Defense.”

The Los Angeles Times reports that “Families of 9/11 Victims Testify for Moussaoui; His defense hopes some relatives’ messages of healing will soften the jury deciding his fate.”

And The Richmond Times-Dispatch reports that “Moussaoui jury urged to resist impulse for revenge.”

Posted at 7:24 AM by Howard Bashman



“In Last Day of Cross-Examination, Skilling Goes Out Fighting”: The Washington Post contains this article today.

The New York Times reports today that “Prosecutor Suggests Skilling Lied About Why He Quit.”

The Los Angeles Times reports that “Prosecutor, Skilling Duel Over Trading; Enron’s ex-CEO denies that he lied in public statements about the California energy crisis.”

The Houston Chronicle reports that “Prosecutor accuses Skilling of lying about reason he left.”

And USA Today reports that “Skilling asked about reasons for departure; Executive left four months before Enron bankruptcy.”

Posted at 7:15 AM by Howard Bashman



“Ryan’s lawyers took aim at jurors; Unsealed filings show bid to dump 4 others”: This article appears today in The Chicago Tribune, along with an article headlined “Ryan jury shake-up could stand up on appeal, experts say.”

And The Chicago Sun-Times today contains articles headlined “Defense challenged 8 jurors” and “Radio caller isn’t talking much now.” In addition, columnist Mary Mitchell has an essay entitled “Let’s hope we’ve seen the last of the lying juror.” Columnist Mark Brown has an essay entitled “Ryan jurors could probably use trip to Jamaica.” And columnist Michael Sneed has an essay entitled “Ryan back home in Kankakee.”

Posted at 7:10 AM by Howard Bashman