How Appealing



Tuesday, July 25, 2006

“ACLU appeals dismissal of German’s CIA torture case”: Reuters provides a report that begins, “The American Civil Liberties Union said on Tuesday it has appealed the dismissal of a federal lawsuit filed by a German of Lebanese origin who says he was abducted and tortured by the CIA.”

And the ACLU today has issued a press release entitled “ACLU Appeals Case of German Man Kidnapped by CIA.” The appellate brief that the ACLU’s lawyers filed yesterday in the U.S. Court of Appeals for the Fourth Circuit is available online in two parts (part one; part two), while additional information about the case is available via this link.

Posted at 4:35 PM by Howard Bashman



“Scouts will fight for use of building; The mayor says the local council must change its policy on gays, pay market rent, or vacate”: The Philadelphia Inquirer today contains an article that begins, “The Boy Scouts of America will fight to stay in the city-owned building they have occupied since 1928, saying the City of Philadelphia has no right to force them to change their policy barring gay members.”

And The Philadelphia Daily News today contains an article headlined “Parks vote agrees on Scouts; Endorses Street call: No gender bias or lose HQ on city land.”

Posted at 3:50 PM by Howard Bashman



“Statement Of Sen. Patrick Leahy, Ranking Member, Judiciary Committee, On The Nomination Of Jerome A. Holmes To The Court Of Appeals For The Tenth Circuit”: The statement, bearing today’s date, is available online at this link.

Posted at 3:45 PM by Howard Bashman



Fourth Circuit sets aside the guilty pleas of three defendants because the federal district judge participated in the plea negotiations and repeatedly encouraged the defendants to plead guilty: You can access today’s ruling at this link. The opinion concludes with the Fourth Circuit’s direction that the case be assigned to a different U.S. District Judge on remand.

Posted at 3:28 PM by Howard Bashman



Third Circuit affirms denial of qualified immunity to prison officials on First Amendment free exercise of religion claim asserted by Muslim inmate assigned to work as a cook in his prison’s kitchen who alleges he was disciplined for refusing to help prepare a meal that included pork: You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 3:15 PM by Howard Bashman



In newz from New Zealand: The Dominion Post of Wellington today contains an article headlined “High profile lawyer protests through dress” that begins, “A high-profile lawyer has taken to wearing women’s clothing in what he says is a gender-bending protest against the male-dominated corruption of New Zealand’s judicial system.” And Wednesday’s edition of that newspaper contains a related article headlined “Mrs Moodie stands by her ‘Alice.’

In other coverage, the New Zealand Press Association reports that “Male lawyer appears in court in women’s clothes.”

The Associated Press reports that “New Zealand Lawyer Sports Skirt to Court.”

And Reuters reports that “Cross-dressing lawyer skirts dress code.”

Posted at 2:50 PM by Howard Bashman



Ninth Circuit holds that woman’s prostitution conviction under Hawaii law does not prevent her reentry into the United States under a provision of the Immigration and Nationality Act that renders inadmissible any alien who “has engaged in prostitution” within the past ten years: According to today’s opinion, the woman’s argument, with which the Ninth Circuit now has agreed, was that “Hawaii’s definition of prostitution is overly broad and ‘has gone far beyond the well-accepted and understood meaning of prostitution.'” Circuit Judge Harry Pregerson issued the opinion on behalf of a unanimous three-judge panel.

Posted at 2:33 PM by Howard Bashman



“Snookering Stevens: A justice gets duped.” Today at National Review Online, Ramesh Ponnuru has an essay that begins, “Everyone knows that Hamdan v. Rumsfeld was the blockbuster case of the latest Supreme Court term. What everyone doesn’t know — even most of the decision’s critics — is that Justice John Paul Stevens’s majority opinion in the case is partly based on simple factual mistakes.”

Posted at 12:24 PM by Howard Bashman



“Ruling Threatens Consumer Lawsuits; A state Supreme Court decision could void many cases filed before Proposition 64’s passage”: The Los Angeles Times contains this article today.

Claire Cooper, legal affairs writer for The Sacramento Bee, today has an article headlined “Justices strengthen frivolous suit ban; They also give consumer groups more latitude under Prop. 64.”

The San Francisco Chronicle reports that “Consumer lawsuit scope defined; Ruling on Prop. 64 says it covered cases pending at the time.”

And The Daily Journal of California reports that “High Court Gives and Takes in Cases on Proposition 64.”

You can access here and here the two rulings the Supreme Court of California issued yesterday that are the subject of these news reports.

Posted at 12:00 PM by Howard Bashman



“Kidnap and Gang Rape Were Lies, Woman Concedes; A plea deal gives the Dana Point woman less than a year in jail for false accusations against six men with whom she had consensual sex”: This article appears today in The Los Angeles Times.

And The Orange County Register reports today that “Dana Point woman recants rapes.”

In February 2006, OC Weekly published a rather graphic article about the matter.

Posted at 11:54 AM by Howard Bashman



“Read the Fine Print”: The New York Times today contains an editorial that begins, “Over 212 years, 42 presidents issued ‘signing statements’ objecting to a grand total of 600 provisions of new laws. George W. Bush has done that more than 800 times in just over five and a half years in office.”

Posted at 7:23 AM by Howard Bashman



“Staircase wrangling likely over for good”: The Salt Lake Tribune today contains an article that begins, “The legal tussle over President Clinton’s 1996 designation of a vast national monument in southern Utah most likely ended Monday.”

And The Associated Press reports that “Court denies appeal on Grand Staircase.”

My earlier coverage appears at this link.

Posted at 7:14 AM by Howard Bashman



“The Supreme Court’s End-of-Term Campaign Finance Decision: Following the Key Buckley Precedent, But Exposing Some Justices’ Critiques of It, Too.” Julie Hilden has this essay online today at FindLaw.

Posted at 7:08 AM by Howard Bashman