How Appealing



Wednesday, April 26, 2006

“Group Gets Lesson On Jackson’s Supreme Seat”: The Post-Journal of Jamestown, New York today contains an article that begins, “This supple, black-skinned beauty supported Robert Jackson’s back with every question he asked on the Supreme Court bench.”

Posted at 11:25 AM by Howard Bashman



“Mack execution more open than previous deaths”: The Reno Gazette-Journal today contains an article reporting that “for the first time in Nevada history, the entire process will be open to the public, from the viewing of the full lethal injection procedure to reviewing of the prison’s execution protocol, after the Reno Gazette-Journal sued the state Department of Corrections to open the curtains and release the document.” The newspaper has posted online the “confidential” State of Nevada death penalty manual at this link.

Posted at 11:15 AM by Howard Bashman



“Prosecutor: Diaz didn’t report all funds to IRS; Supreme Court justice’s attorney says he paid the right amount but may have been late.” This article appears today in The Clarion-Ledger of Jackson, Mississippi.

Posted at 11:10 AM by Howard Bashman



“Lambda Legal Asks California Supreme Court to Hear Case on Behalf of Lesbian Denied Infertility Treatment by Christian Fundamentalist Doctors”: Lambda Legal Defense and Education Fund issued this press release yesterday.

Posted at 10:58 AM by Howard Bashman



“Obscenity statute still dead; Federal appeals court affirms that the law is unconstitutional”: Creative Loafing Atlanta provides a report that begins, “Consider it one small step for free-speech advocates — and one giant step for sex-crazed Georgians: The 11th U.S. Circuit Court of Appeals has upheld a February ruling that Georgia’s obscenity statute is unconstitutional.”

Last month, I discussed that ruling in my column headlined “11th Circuit’s Abuzz With Sex Toy Litigation.”

Posted at 10:40 AM by Howard Bashman



“Yet Another Apology from A3G”: At “Underneath Their Robes,” “Article III Groupie” is back.

Posted at 10:30 AM by Howard Bashman



Today’s U.S. Supreme Court opinions in argued cases: At “SCOTUSblog,” Lyle Denniston has a post titled “Court rules on tax sales, retaliatory prosecution.”

The first ruling of the day issued in Hartman v. Moore, No. 04-1495. Justice David H. Souter delivered the opinion of the Court, in which Justices John Paul Stevens, Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. Justice Ruth Bader Ginsburg delivered a dissenting opinion, in which Justice Stephen G. Breyer joined. The Chief Justice recused himself from the case, which originated from the D.C. Circuit. And the case was argued before Justice Samuel A. Alito, Jr. joined the Court, so he also did not participate. You can access a pre-decision summary of the case here, and the oral argument transcript is here.

The second and final ruling of the day issued in Jones v. Flowers, No. 04-1477, a case that notwithstanding its title has nothing to do with former President Clinton (although this case, coincidentally, happens to arise from Arkansas). The Chief Justice delivered the opinion of the Court, in which Justices Stevens, Souter, Ginsburg, and Breyer joined. Justice Thomas issued a dissenting opinion, in which Justices Scalia and Kennedy joined. This case was likewise argued before Justice Alito joined the Court, so he again did not participate. You can access a pre-decision summary of the case here, and the oral argument transcript is here.

Posted at 10:04 AM by Howard Bashman



“Judge nixes U.S. bid for secrecy in Oregon suit; Wiretaps – The decision marks a rare challenge to government requests to keep legal filings from opponents”: The Oregonian today contains an article that begins, “A federal judge Tuesday rebuffed the U.S. government’s initial attempt to file a secret declaration in an Oregon lawsuit challenging the legality of the National Security Agency’s warrantless surveillance program.”

Posted at 9:55 AM by Howard Bashman



“Sunny Judicial Hearings May Mask Clouds”: Roll Call today contains an article (subscription required) which reports that yesterday, “Specter emerged from a meeting in Majority Leader Bill Frist’s (R-Tenn.) office and declared that there would be a committee vote Thursday on a quintessentially controversial nominee, White House Secretary Bret Kavanaugh.”

Posted at 8:30 AM by Howard Bashman



“Alito key in death penalty case; As the U.S. Supreme Court rehears arguments over Kansas’ law, its newest member could tip the scales toward execution”: This article appears today in The Wichita Eagle.

The Kansas City Star reports today that “High court rivals duel on Kansas death law; Scalia, Souter seek to win over Alito.”

The Topeka Capital-Journal reports that “Justices pose pointed death penalty queries; Kline, Kansas public defender offer interpretations of law.”

The Lawrence Journal-World reports that “Court balances death penalty; High court hears Kansas case again with Alito on bench.”

And in The Houston Chronicle, Patty Reinert reports that “Alito ready to break tie in death penalty case; Ruling on Kansas law is being closely watched to gauge court on execution.”

Posted at 8:20 AM by Howard Bashman



In today’s edition of The Hartford Courant: Lynne Tuohy has articles headlined “Judicial Backfire; Case That Triggered Widespread Outrage Had Modest Beginning” and “Expert Urges Examination Of Action.”

The second of those two articles begins, “A prominent legal ethics expert said former Chief Justice William Sullivan’s suppression of a controversial ruling, designed to enhance Justice Peter T. Zarella’s chances of succeeding him as chief justice, appears to be a ‘bull’s-eye violation’ of the Code of Judicial Conduct.”

Posted at 7:30 AM by Howard Bashman



“Lay says he never saw collapse coming; He testifies he still believes that ‘the balance sheet was strong'”: Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that “Lay Blames Financial Officer and Newspaper Articles for Enron’s Fall.”

The Washington Post reports that “Enron Founder Blames Ex-CFO; Lay Says He Was Shocked by Deals.”

The Los Angeles Times reports that “Lay Says Articles Hurt Faith in Enron.”

And USA Today reports that “Lay’s day on stand doesn’t go smoothly; Defense hits snags laying groundwork, sets off judge.”

Posted at 7:28 AM by Howard Bashman



“Companies face RICO lawsuits on illegals”: Today’s issue of USA Today contains an article that begins, “In legal cases with potential repercussions for businesses and employees, current and former workers are accusing U.S. companies of violating immigration law and driving down wages. The federal lawsuits — against carpet maker Mohawk Industries, Tyson Foods, retailer Wal-Mart, and others — are winding their way through appeals courts. The Mohawk case will be argued today before the U.S. Supreme Court.”

Posted at 7:20 AM by Howard Bashman



In today’s edition of The Los Angeles Times: The newspaper contains an article headlined “For the Justice Department, a Welcome Conviction; The government has experienced a series of missteps and false starts in some terrorism cases.”

And an editorial entitled “Free-speech fashion” begins, “If students at a public school have a 1st Amendment right to wear black armbands as an antiwar protest — and they do, according to the U.S. Supreme Court — does a Christian student have a similar right to wear a T-shirt proclaiming ‘Homosexuality Is Shameful’? He should, despite a recent federal appeals court ruling so sweeping and loosely reasoned that it virtually begs the Supreme Court to overrule it.”

Posted at 7:10 AM by Howard Bashman



In today’s edition of The New York Times: Linda Greenhouse reports that “Justices Reject Immunity Below State Level.”

In other news, “Microsoft in European Court Says 2004 Ruling Is a Failure.”

An editorial entitled “Lethal Cruelty” begins, “Lethal injection is considered by some to be a more humane alternative to the electric chair. But the Supreme Court hears arguments today in a case that shines a light on the reality: if lethal injection is poorly administered, it can in fact be particularly barbaric.”

And TimesSelect subscribers can access Adam Cohen’s Talking Points essay entitled “Reining In Justice Scalia.”

Posted at 7:00 AM by Howard Bashman



“Can the Government Limit Speech to Protect a Captive Audience? A Court Rejects a High School Student’s Claimed Right to Anti-Gay Speech While Legislatures React to Offensive Protests at G.I. Funerals.” Michael C. Dorf has this essay today online at FindLaw.

Posted at 6:45 AM by Howard Bashman



Tuesday, April 25, 2006

“Top court to sit in Clark on Wednesday; The judges move from Columbus for the day as part of a justice education program for high school students”: The Dayton Daily News contains this article today.

Posted at 11:35 PM by Howard Bashman



“Bloggers-Meet-Readers on Thursday, April 27, 9 pm, in Cambridge”: At “The Volokh Conspiracy,” Eugene Volokh provides the details of a gathering that I’m looking forward to being a part of this Thursday night.

Posted at 10:50 PM by Howard Bashman



“Conservative legislators raise new questions about Nuss case”: In news from Kansas, The Associated Press provides a report that begins, “Several senators who’ve criticized Supreme Court rulings on school finance raised new questions Tuesday about Justice Lawton Nuss’ conversation with two other senators with an education funding lawsuit still before the court. They asked why Nuss waited until last week, six weeks after his March 1 conversation, to remove himself from the lawsuit that led to the court ordering legislators last year to increase aid to public schools.”

Posted at 10:40 PM by Howard Bashman



“Cross-burner’s high-court appeal rejected; 12-year stint stands: The cross was lit on SLC couple’s lawn in 1996.” The Salt Lake Tribune contains this article today.

Posted at 9:54 PM by Howard Bashman



“Commandments display upheld; Mercer exhibit mirrors two high court rejected”: The Louisville Courier-Journal today contains an article that begins, “A federal court yesterday upheld a Ten Commandments display at the Mercer County, Ky., courthouse — even though the display is identical to one that the U.S. Supreme Court ruled unconstitutional in two other Kentucky counties last year. The decision by the 6th U.S. Circuit Court of Appeals, based in Cincinnati, upheld a December ruling by a three-judge panel on the court that validated the display.” My earlier coverage is here.

Posted at 8:57 PM by Howard Bashman



“Jury selected for Diaz trial; Opening arguments planned today”: The Biloxi Sun Herald today contains an article that begins, “Opening arguments are set for today in the federal tax-evasion trial of state Supreme Court Justice Oliver Diaz Jr., who was acquitted last summer on federal bribery charges.”

Posted at 8:44 PM by Howard Bashman



“State justices, in a first, rule ex-worker can sue for wife’s death from asbestos”: This article appears today in The Newark Star-Ledger. My earlier coverage is here.

Posted at 8:33 PM by Howard Bashman