How Appealing



Tuesday, June 27, 2006

“Justices Get Down to Business; High Court to Weigh In On String of Corporate-Related Cases”: Ben Winograd and Jess Bravin have this article (free access) today in The Wall Street Journal.

David G. Savage of The Los Angeles Times reports today that “Justices Take Up Climate Debate; Environmentalists and 12 states, including California, hope the high court will order new emission rules to fight global warming.”

The New York Times reports that “Justices Agree to Consider New Case on Emissions” and “Supreme Court to Review Antitrust Case Against Phone Companies.”

The Washington Post reports that “High Court to Hear Greenhouse Gas Case; States, Groups Push for Regulation.”

USA Today reports that “Court to hear case on federal regulation of ‘greenhouse gases.’

The Washington Times reports that “Court to review EPA’s refusal to regulate CO2.”

And law.com’s Tony Mauro reports that “Supreme Court Agrees to Hear Patent and Clean Air Act Cases.”

Posted at 6:54 AM by Howard Bashman



“Studying the State of the Las Vegas Judiciary: An Illustration of the Problems that Arise When Judges Are Elected, Not Appointed.” Carl Tobias has this essay today online at FindLaw.

Posted at 6:45 AM by Howard Bashman



Monday, June 26, 2006

More news regarding the author of the blog “Underneath Their Robes“: The U.S. Court of Appeals for the Third Circuit issued this order today. And while it is not uncommon to see someone added as counsel retroactively in support of the winning side of an appeal, deserving of even more respect are those who seek to be added as counsel retroactively in support of the losing side on appeal. Today’s earlier news regarding the subject of this post can be accessed here.

Posted at 9:20 PM by Howard Bashman



“We address in this case the effect of an anonymous tip, received by police, that a certain type of vehicle, driving in a certain direction, was driving illegally. The majority today concludes a tip of this nature provides reasonable cause to detain the driver of such a vehicle, even though police fail to confirm any alleged illegality.” Dividing 4-3, the Supreme Court of California issued this ruling today.

Posted at 9:04 PM by Howard Bashman



“Court to Hear Arguments in Taped Call Case”: The Associated Press provides a report that begins, “A federal appeals court has agreed to hear new arguments in a case involving an illegally taped telephone call leaked to reporters by Rep. Jim McDermott, D-Wash. In an announcement late Monday, the U.S. Circuit Court of Appeals for the District of Columbia said all nine judges will hear McDermott’s appeal of the taped call case, which dates back nearly a decade.”

My earlier coverage of the divided three-judge D.C. Circuit panel’s ruling in the case, from March 2006, can be accessed here and here.

Posted at 8:35 PM by Howard Bashman



Available online from National Public Radio: On this evening’s broadcast of “All Things Considered,” Nina Totenberg had audio segments entitled “High Court Throws Out Vermont Campaign Limits” and “Court’s Docket: Detainees, Texas Districts.”

And today’s broadcast of “Day to Day” contained audio segments entitled “Court Rules on Campaign Spending, Death Penalty” (featuring Dahlia Lithwick) and “U.S. Senate to Debate Flag-Burning Amendment.”

RealPlayer is required to launch these audio segments.

Posted at 8:35 PM by Howard Bashman



“Lat quits Wonkette; To do law blog for Spiers”: Via Romenesko comes this news (second item) from, of all places, Women’s Wear Daily. Obviously, blogging about the law non-stop is too much fun to abandon for coverage of politics and cute interns.

Posted at 8:10 PM by Howard Bashman



Warren Richey is reporting: Tuesday in The Christian Science Monitor, he will have articles headlined “High court strikes state’s campaign fund limits; It found that Vermont’s restrictions amounted to government censorship, violating the free speech of candidates“; “High court defers to states on death penalty; Monday’s 5-4 ruling lets them decide how juries should weigh evidence in sentencing convicts“: and “High court to hear ‘greenhouse’ case; It will consider whether the EPA must regulate carbon dioxide, which is said to contribute to global warming.”

Posted at 7:35 PM by Howard Bashman



“High Court Affirms Defendants’ Right to Counsel of Choice; Decision is one of several handed down Monday, in what is likely to be the final week of the current term”: law.com’s Tony Mauro provides this news update.

Posted at 7:25 PM by Howard Bashman



“Our circuit has not previously decided whether an attempt to entice a minor to engage in illegal sexual activity requires that the intended victim be an actual minor.” Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued a decision holding that no actual minor is required to gain a conviction of that federal crime.

Posted at 11:24 AM by Howard Bashman



Today’s U.S. Supreme Court Order List and opinions in argued cases: The Court today issued decisions in five cases and announced that the next day on which opinions will issue will be Wednesday. That likely will be the final date on which opinions will issue this Term, although additional orders could issue on Thursday.

1. The Court issued its ruling in Randall v. Sorrell, No. 04-1528, a matter better known as the Vermont campaign finance case. You can access the oral argument transcript here. Additional information about the case is available at this link.

2. The Court issued its ruling in Kansas v. Marsh, No. 04-1170, one of the cases reargued after Justice Samuel A. Alito, Jr. joined the Court. You can access the oral argument transcripts here and here. Additional information about the case is available at this link.

3. The Court issued its ruling in Washington v. Recuenco, No. 05-83. You can access the oral argument transcript here. Additional information about the case is available at this link.

4. The Court issued its ruling in United States v. Gonzalez-Lopez, No. 05-352. You can access the oral argument transcript here. Additional information about the case is available at this link.

5. And finally, the Court issued its decision in Arlington Central School Dist. Bd. of Ed. v. Murphy, No. 05-18. You can access the oral argument transcript here. Additional information about the case is available at this link.

You can access today’s Order List at this link. The Court today granted review in five cases and called for the views of the Solicitor General in an additional case.

At “SCOTUSblog,” Lyle Denniston has posts titled “Decisions: campaign finance limits nullified; five rulings overall” and “Orders: Court grants EPA, four other cases.”

In early news coverage, Gina Holland of The Associated Press reports that “Alito Breaks Tie, Kan. Death Penalty Stays” and “High Court Declines Anti-Abortion Tag Case.” The AP is also reporting that “High Court Rejects Vt. Campaign Finance Law” and “Supreme Court to Hear Bush Environment Case.”

Posted at 10:00 AM by Howard Bashman



“Kansans on death row wait for court’s ruling”: The Wichita Eagle today contains an article that begins, “The U.S. Supreme Court is expected to rule this week in a case that will likely decide whether prosecutors can pursue death sentences against two of the alleged killers of Chelsea Brooks.”

Posted at 7:10 AM by Howard Bashman



In news from Oklahoma: The Tulsa World yesterday reported that “Police report links former judge, missing trial witness.” On Saturday, the newspaper reported that “Jurors learn of ex-judge’s maladies; A prosecution witness demonstrates how to operate a penis pump.” And on Friday, the newspaper reported that “Former jurors take stand; One testifies that the defense attorney tried to persuade her to change her testimony.”

In other coverage, The Sapulpa (Okla.) Daily Herald reported Saturday that “Thompson’s DNA found on robe, expert says.” On Friday, the newspaper reported that “Former jurors testify in Thompson trial.” And on Thursday, the newspaper reported that “Employees testify judge had exposed himself.”

Posted at 7:00 AM by Howard Bashman



“This Land Is Wetland: The Supreme Court issues an environmental ruling that does little yet threatens much.” This editorial appears today in The Washington Post.

Posted at 6:48 AM by Howard Bashman



“Roberts plays dual roles: Chief justice and father; Family life reflects generational shift in Supreme Court.” Joan Biskupic has this article today in USA Today.

Posted at 6:35 AM by Howard Bashman



“Hedge funds no longer required to register with SEC; Ruling won’t affect agency’s ability to prosecute on fraud charges”: USA Today contains this article today. My earlier coverage appears here and here.

Posted at 6:30 AM by Howard Bashman



“Blawg Review #63”: Available onlne here at “The Airport Lawyer.”

“How Appealing” will host “Blawg Review #64” on Monday, July 3, 2006, and instructions on how to submit a post from your blog for inclusion in next week’s installment can be accessed here.

Posted at 6:25 AM by Howard Bashman



Sunday, June 25, 2006

“Judges get home security; Lefkow slayings spur expansion of measures to safeguard jurists”: This article appears today in The Chicago Tribune.

Posted at 8:23 PM by Howard Bashman



“Court Ruling Could Halt Guantanamo Trials”: The Associated Press provides this report.

In recent coverage from Carol Rosenberg of The Miami Herald, “Gitmo prison camp sends home 14 Saudis“; “Detainee lawyers win recognition; Three Guantanamo lawyers were picked for a prestigious list of the nation’s top 100 attorneys; They are a Navy officer, a New York civil libertarian and a retired judge, all defenders of the detainees“; “Ex-general: Prison camp is a legal mess; A retired general got a first post-suicides tour of Guantanamo and declared it abuse-free; But he said the Bush administration needs to better define the captives’ status“; and “War court at camp to take a hiatus; The Pentagon keeps the Guantanamo Bay, Cuba, war court closed for at least a month following three captives’ apparent suicides in the prison camps.”

And today in The New York Times, Law Professor Eric Posner has an op-ed entitled “A Threat That Belongs Behind Bars.”

Posted at 7:54 PM by Howard Bashman