How Appealing



Saturday, June 3, 2006

“Gardening Bogs Down a Law Firm”: The New York Times today contains an article that begins, “David Boies is renowned as a litigator for going after corporate giants like Microsoft or representing clients like Al Gore. But it is a tiny, nearly off-the-radar case in Florida against a gardener that has been a virtual thorn in his side for more than a decade, amounting to thousands of hours of manpower, millions of dollars in fees and now, possible jail time, for an employee of his firm.”

Posted at 8:55 PM by Howard Bashman



“Today, I want to explain why I support the Marriage Protection Amendment, and why I’m urging Congress to pass it and send it to the states for ratification.” The complete text of the radio address that President Bush delivered this morning can be accessed here.

In related news coverage, The New York Times reports today that “Bush to Press for U.S. Ban on Same-Sex Marriage.”

The Washington Post reports today that “Bush Re-Enters Gay Marriage Fight; Two Speeches Set Pressing Senate To Vote for a Ban.”

And The Los Angeles Times reports that “Gay Marriage Amendment Getting a Presidential Push; Conservatives who think Bush has buried the issue denounce the planned event as a ruse.”

Posted at 12:54 PM by Howard Bashman



“Power Grab”: In the June 22, 2006 issue of The New York Review of Books, Elizabeth Drew has an essay that begins, “During the presidency of George W. Bush, the White House has made an unprecedented reach for power. It has systematically attempted to defy, control, or threaten the institutions that could challenge it: Congress, the courts, and the press.”

Posted at 12:48 PM by Howard Bashman



“‘Under God’ on Appeal Before the Ninth Circuit”: Yesterday, The Becket Fund for Religious Liberty issued a press release that begins, “On June 1, 2006, the Becket Fund filed its opening brief before the Ninth Circuit Court of Appeals in an effort to overturn the September 2005 trial court decision that struck down daily recitation of the Pledge of Allegiance because it includes the two words ‘under God.'” That opening brief can be accessed online at this link.

Via Michael A. Newdow’s web site, you can access here many of the pleadings and other papers filed in the case while it was pending in federal district court. If readers wish to send along to me via email links to or electronic copies of other opening briefs, or amicus briefs, filed on or before June 1, 2006 in this pending appeal, I will be more than pleased to ensure that links to the briefs get posted at “How Appealing”

Posted at 10:55 AM by Howard Bashman



“Court Rejects Evangelical Prison Plan Over State Aid”: This article appears today in The New York Times.

The Washington Post reports today that “Judge Bars Tax-Funded Religious Jail Project.”

And The Des Moines Register reports today that “Judge says Christian prison program must end; InnerChange Freedom Initiative will continue at the correctional center in Newton during an appeal.”

I have posted online at this link yesterday’s 140-page ruling of the U.S. District Court for the Southern District of Iowa.

Posted at 10:50 AM by Howard Bashman



“News Media Pay in Scientist Suit”: Adam Liptak has this article today in The New York Times.

The Washington Post reports today that “U.S., Media Settle With Wen Ho Lee; News Organizations Pay To Keep Sources Secret.”

And in The Los Angeles Times, David G. Savage reports that “Government, News Media Settle Suit by Wen Ho Lee.”

You can access here a statement on the settlement issued by The New York Times, The Washington Post, The Los Angeles Times, The Associated Press, and ABC.

Posted at 10:40 AM by Howard Bashman



“Roberts: ‘The hard part is coming up’; Supreme Court shows signs of split as key issues await rulings.” CNN.com provides this report.

Posted at 8:50 AM by Howard Bashman



Friday, June 2, 2006

“Which Federal Appellate Court Has the Best Web Site?” The brand new installment of my “On Appeal” column for law.com can be accessed here.

Posted at 11:30 PM by Howard Bashman



Trenton Thunder 5, Reading Phillies 2: My son and I spent this evening at a baseball game in Trenton, New Jersey. We were seated in the third row behind first base, which allowed my son to be on the receiving end of a toss from the first baseman of the ball used to record the final out in the top of the fifth inning. A wrap of the rain-shortened game can be accessed here, while the box score is at this link.

Posted at 11:15 PM by Howard Bashman



Third Circuit affirms decision of the U.S. District Court for the Eastern District of Pennsylvania allowing attorney suspended from practice of law in Pennsylvania state courts to open an office in Pennsylvania in support of his practice before that federal district court: Today’s developments in the saga of attorney Robert B. Surrick can be accessed here.

Longtime readers of this blog may recall that quite some time ago, I accepted a pro bono appointment from the Third Circuit to argue in favor of the en banc federal district court’s decision imposing reciprocal discipline on Surrick. That appointment led me to file this appellate brief, and, after oral argument from me and my opposing counsel, a different Third Circuit panel issued this ruling.

Posted at 3:00 PM by Howard Bashman



“Chief Judge to Set Up Panel for 7-Year-Old Misconduct Case”: Amelia Hansen has this article (free access) today in The Daily Journal of California. My earlier coverage appears here and here.

Posted at 2:40 PM by Howard Bashman



“Gay marriage ban case to hit Web; Georgia Supreme Court to hear oral arguments June 27”: This article appears today in The Atlanta Journal-Constitution.

Posted at 2:33 PM by Howard Bashman



“This case presents the question, inter alia, as to whether the likely environmental consequences of a potential terrorist attack on a nuclear facility must be considered in an environmental review required under the National Environmental Policy Act.” Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers that question in the affirmative in an opinion that you can access here.

Posted at 12:58 PM by Howard Bashman



“Chief Judge to Set Up Panel for 7-Year-Old Misconduct Case”: Today in The Daily Journal of California, Amelia Hansen has an article that begins, “More than three years after a federal judge in Los Angeles was accused of giving special treatment to one of his female probationers, the chief judge of the 9th U.S. Circuit Court of Appeals has ordered a special committee to investigate the charges. Filed in court last week, but not yet made public by the circuit, Chief Judge Mary M. Schroeder said she would appoint a committee to look into whether 81-year-old U.S. District Judge Manuel L. Real committed misconduct in 1999.” I am currently seeking The Daily Journal’s permission to reprint the entire article over at “How Appealing Extra.”

My earlier coverage of this matter appears here and here.

Posted at 10:54 AM by Howard Bashman



Bank robber’s accidental discharge of semi-automatic pistol does not suffice to trigger mandatory ten-year federal sentence for discharging firearm in relation to any crime of violence: Today’s ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit will be of interest to fans of mens rea. The opinion notes that “So far, two circuits have interpreted the
discharge provision and have reached different conclusions as
to intent.”

Posted at 10:23 AM by Howard Bashman



“Not all speech is free: If you’re a government employee, the 1st Amendment shouldn’t protect your official conduct.” This editorial appears today in The Los Angeles Times.

Posted at 7:25 AM by Howard Bashman



“NL Officials Hail Two Settlements At Fort Trumbull; Deals are ‘good news’ for city; other plaintiffs to speak today”: The Day of New London, Connecticut today contains an article that begins, “City councilors Thursday praised settlements with two of six plaintiffs in the Fort Trumbull eminent domain case.”

Posted at 7:20 AM by Howard Bashman



“Judging Whether a Killer Is Sane Enough to Die”: Ralph Blumenthal and Adam Liptak have this article today in The New York Times.

Posted at 7:02 AM by Howard Bashman



Thursday, June 1, 2006

“Decision near on U.S. judge”: An article published yesterday in The Grand Rapids Press reports that Michigan’s Democratic U.S. Senators have “reached an agreement with the White House to end a four-year standoff on judicial nominations” and that “[t]wo openings on the 6th Circuit Court of Appeals would be filled as part of the deal, too.”

Posted at 5:35 PM by Howard Bashman