How Appealing



Tuesday, June 6, 2006

“British Couple Wants Gay Marriage Ratified”: The Associated Press provides a report that begins, “Two women asking Britain to recognize their Canadian same-sex marriage told a court Tuesday that calling their relationship a civil partnership violated their human rights.”

The Times of London provides a news update headlined “Lesbians demand UK recognises foreign marriage.”

And BBC News reports that “Lesbian couple fight legal status; A lesbian couple from North Yorkshire who were married in Canada have pleaded with a High Court judge to give their union full legal status in the UK.”

Posted at 10:28 AM by Howard Bashman



“Abortion ban clears Legislature; Blanco is expected to sign bill into law”: The Times-Picayune of New Orleans today contains an article that begins, “The Senate sent to Gov. Kathleen Blanco on Monday a bill that would ban most abortions in the state but only if the U.S. Supreme Court overturns the landmark 1973 Roe v. Wade decision legalizing the procedure.”

Posted at 10:02 AM by Howard Bashman



“Court to Revisit Race in Schools; Integration plans across the nation could be in the balance as the Supreme Court agrees to hear constitutional challenges in two cities”: David G. Savage has this article today in The Los Angeles Times. The newspaper also reports that “Ruling Against Integration Plans Could Add to L.A. Schools’ Burden.”

In USA Today, Joan Biskupic reports today that “Justices to look at race-based school policy; Cases focus on public education.”

The Baltimore Sun reports that “Race-school cases get hearing; Supreme Court to consider affirmative action in public education.”

Bob Egelko of The San Francisco Chronicle reports that “Justices take cases on race-based enrollment; But Prop. 209 means California schools likely to be unaffected.”

The Washington Times reports that “Court takes 2 race-based school-assignment cases.”

The Hartford Courant reports that “Court Takes On Race Case; School Desegregation Could Be Affected.”

The Louisville Courier-Journal reports that “Supreme Court to hear Jefferson’s school suit; Parent is fighting the use of race for enrollment.”

The Seattle Post-Intelligencer reports that “Supreme Court to hear Seattle schools race case.”

The Seattle Times reports that “Whatever the ruling, tiebreaker may be moot.”

And The New York Sun contains an editorial entitled “Roberts’s Rules.”

Posted at 7:20 AM by Howard Bashman



“Supreme Court to hear Washington case”: The Seattle Times today contains an article that begins, “The U.S. Supreme Court said Monday it will consider whether inmates can reopen challenges to prison sentences based on a court ruling two years ago that limited judges’ discretion in sentencing criminal defendants.”

Posted at 7:10 AM by Howard Bashman



“Conservatives Watching Senate Debate on Gay Marriage”: The New York Times contains this article today.

The Washington Post today contains articles headlined “Debate Begins On Gay Marriage; President Backs Proposal Affirming Traditional Union” and “Now Playing in Senate: A GOP Double Bill.” In addition, columnist E.J. Dionne Jr. has an op-ed entitled “Base Assumptions: Why Should the Faithful Believe Bush Now?”

The Los Angeles Times reports that “Senate Debates Measure to Ban Gay Marriage; The constitutional amendment is seen as a GOP effort to appeal to conservative voters.”

The Boston Globe reports that “President rips SJC on gay marriage; Pushes for ban in nod to social conservatives.”

The Chicago Tribune reports that “Bush backs amendment on marriage; Senate to begin debate on bid to ban same-sex nuptials.”

USA Today reports that “Debate on gay-marriage ban splits Senate, public; Amendment is unlikely to pass, both sides say.”

Knight Ridder Newspapers report that “Bush reiterates support for amendment banning gay marriage.”

The Wall Street Journal reports that “Republicans Reignite Hot-Button Issues; Senate Votes on Gay Marriage, Estate Tax Are Aimed at Rallying Conservative Base” (free access).

The Houston Chronicle reports that “Bush turns up heat to prevent same-sex marriages; He again calls for amendment to ban such unions, but it’s unlikely to pass.”

The Washington Times reports that “Bush pushes Hill on marriage measure.”

The Hill contains articles headlined “Right just doesn’t get Sen. Frist” and “Reid straddles line on marriage amendment.”

And in The Philadelphia Inquirer, political analyst Dick Polman has an article headlined “Gay issue is back, but too late for the right?”

Posted at 7:00 AM by Howard Bashman



“In for Life? Not Him; Prisons can’t seem to keep Richard McNair confined; After his third escape, the convicted murderer is still at large, leaving tantalizing clues.” This front page article appears today in The Los Angeles Times.

Posted at 6:40 AM by Howard Bashman



Monday, June 5, 2006

“Supreme Court gives US companies armour against racketeering lawsuits”: Patti Waldmeir has this article in Tuesday’s edition of Financial Times.

Posted at 10:20 PM by Howard Bashman



“Blawg Review #60”: It was scheduled to appear at “The Trademark Blog,” but apparently this rendition was adjudged “not by any measure a Blawg Review,” so the sixtieth installment of Blawg Review instead appears here at “Blawg Review.”

Posted at 10:00 PM by Howard Bashman



“The Supreme Court Finds No First Amendment Protection for Government Employee Speech Pursuant to Official Duties”: Michael C. Dorf has this essay online today at FindLaw.

Posted at 9:55 PM by Howard Bashman



“High Court to Tackle Race in Schools; Justices Also Cut Back Reach Of Federal Racketeering Law With RICO-Suit Dismissal”: Jess Bravin and Ben Winograd will have this article (pass-through link) Tuesday in The Wall Street Journal.

Posted at 9:54 PM by Howard Bashman



“Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O’Connor.” The April 2006 issue of The Stanford Law Review is now available online. You can access the table of contents here, and the full text of all the tributes and articles can be accessed via this link (scroll down to the bottom of the page).

Posted at 8:58 PM by Howard Bashman



“Must an entire government law office be disqualified whenever the office head has a conflict because he or she previously represented a client in private practice?” A divided Supreme Court of California today issued an opinion answering this question in the affirmative in a case involving the San Francisco City Attorney’s Office.

Posted at 4:45 PM by Howard Bashman



“Bush Rallies Gay Marriage Opponents”: The Associated Press provides a report which notes that “Bush criticized judges who have overturned state laws similar in intent to the proposed legislation. ‘Marriage is the most fundamental institution of civilization, and it should not be redefined by activist judges,’ he said.”

The complete text of President Bush’s remarks from this afternoon can be accessed here.

Posted at 3:44 PM by Howard Bashman



“New London preparing for evictions in eminent domain dispute”: The Associated Press provides a report that begins, “City officials were preparing Monday to begin eviction proceedings against residents who refuse to leave their coastal Connecticut homes, a move that could signal the end is near in an eminent domain dispute that reached the U.S. Supreme Court.”

Posted at 1:45 PM by Howard Bashman



Another federal appellate court concludes that when considering the time for appeal under the Class Action Fairness Act of 2005, “less” means “more”: You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

My criticism of two earlier, similar rulings can be found in my “On Appeal” essay titled “Less Is More: When Courts Decide a Law Means the Opposite of What It Says.” At least six Ninth Circuit judges appear to agree with me for the reasons set forth in this dissent from the denial of rehearing en banc, as I first reported here.

Posted at 12:14 PM by Howard Bashman