How Appealing



Thursday, August 3, 2006

“Against All Odds: Antigua Besting U.S. in Internet Gambling Case at WTO.” The Washington Post on Friday will contain an article that begins, “Locked in a federal prison in the Nevada desert, tortured by the distant lights of the Las Vegas strip, Jay Cohen couldn’t stop thinking about getting even with the government that had put him away — and his revenge fantasy had a unique twist.”

Posted at 10:32 PM by Howard Bashman



“DeLay ballot issue heads for Court”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The head of the Texas Republican Party, seeking to clear a space on the November election ballot for a new GOP candidate for the House of Representatives, announced plans Thursday to file an appeal to the Supreme Court on an expedited basis, after the Fifth Circuit Court kept former Rep. Tom DeLay on the ballot.” The Fifth Circuit‘s opinion issued today is now available over that court’s web site at this link.

Posted at 8:32 PM by Howard Bashman



First Circuit sets aside $950,000 defamation judgment in favor of a former assistant state’s attorney in Maryland and against The Boston Phoenix: At issue was whether the federal district court properly determined that the plaintiff was a private figure and not a public official for libel-law purposes. You can access at this link today’s ruling, which will necessitate a new trial.

Posted at 5:00 PM by Howard Bashman



“Ninth Circuit Orders Officials to Allow Sikh Group to Build Temple; Panel Says Sutter County ‘Substantially Burdened’ Religious Freedom by Repeatedly Denying Permit”: Yesterday’s edition of Metropolitan News-Enterprise contained this article.

Yesterday’s edition of The Appeal-Democrat of Marysville-Yuba City, California contained an article headlined “Sikh temple wins in court.”

And today in The San Francisco Chronicle, Bob Egelko reports that “Sikhs can build rural temple.”

My earlier coverage appears at this link.

Posted at 4:35 PM by Howard Bashman



“Further energy refunds possible; Appeals court says federal limit was issued in error”: Bob Egelko has this article today in The San Francisco Chronicle.

The San Diego Union-Tribune reports today that “U.S. court raps FERC, paves way for refunds; $1 billion at issue from 2000-01 energy crisis.”

The Sacramento Bee contains an article headlined “Split energy crisis ruling; Court says state may pursue $900 million in refunds but takes $1.8 billion off table.”

And The Contra Costa Times reports that “Court urges power refunds; Ninth Circuit attacks the FERC’s position it could not demand money from generators, traders over 2001 energy crisis.”

Posted at 4:30 PM by Howard Bashman



“Initial Thoughts on Fifth Circuit Ruling Unanimously Upholding District Court Decision Preventing Texas Republican Party from Naming a Replacement for Tom DeLay on the Ballot”: Rick Hasen has this post at his “Election Law” blog.

Posted at 4:10 PM by Howard Bashman



“New Opposition to Efforts to Split the Ninth Circuit; Non-Partisan Opposition to the Right-Wing Ideological Push to Split the Ninth Circuit”: The organization Earthjustice today issued a press release that begins, “Today, Earthjustice and more than 100 civil rights, women’s rights, disability rights, labor, health, religious, senior, conservation and other national, regional, state and local groups, sent a letter to Senators urging them to oppose S. 1845, ‘The Circuit Court of Appeals Restructuring and Modernization Act of 2005,’ and other proposals to split the 9th Circuit U.S. Court of Appeals into two or more circuit courts.” You can access that letter at this link. And a related document, titled “Ideologically-Based Efforts to Split the 9th Circuit Court of Appeals,” is here.

Posted at 3:15 PM by Howard Bashman



“A Courthouse Sprouts Curves and Color; Fanciful Annex to Federal Structure Is Nearly Finished”: The Washington Post today contains an article that begins, “The architect Michael Graves has brought a sense of whimsy to the least whimsical of places: a federal courthouse.”

Posted at 2:45 PM by Howard Bashman



“At issue in this World War II reparations case is whether a suit seeking additional funds for victims of Nazi-era wrongs is justiciable.” So begins a lengthy opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.

Today’s opinion proceeds to explain, “Claimants contend German companies owe ‘interest’ on their payments to a reparations fund created with the substantial involvement of the United States and German governments to benefit Nazi victims or their descendants. The District Court held the claim presented a nonjusticiable political question. We will reverse and remand.”

Posted at 1:05 PM by Howard Bashman



“North Dakota law drastically restricts hunting privileges of nonresidents as compared to North Dakota residents. Some of those restrictions have come under attack in this lawsuit as invalid under the United States Constitution.” So begins an opinion that the U.S. Court of Appeals for the Eighth Circuit issued today. Today’s opinion later explains that “Minnesota filed this action seeking declaratory judgment and to enjoin these hunting laws to the extent they favor North Dakota residents.” The caption of the case is State of Minnesota v. John Hoeven, in his Official Capacity as Governor of the State of North Dakota. Today’s opinion affirms the district court’s rejection of the claims that Minnesota asserted in the lawsuit.

Posted at 11:45 AM by Howard Bashman



“Working Judge Turns 99”: The July 2006 issue of The Third Branch contained an article that begins, “Not every federal judge receives birthday wishes from the President and the Chief Justice of the United States, but Judge Wesley E. Brown is, well, extraordinary. On June 22, he took time from his work in the U.S. District Court for the District of Kansas, to comment about turning 99.”

My earlier coverage appears at this link. No word yet on whether the Clerk of the Supreme Court of Alabama has called to congratulate the octogenarian.

Posted at 11:00 AM by Howard Bashman



“Ex-Bush Aide Makes Plea Deal in Thefts; Claude Allen Might Avoid Jail, Files Show”: The Washington Post contains this article today.

The Richmond Times-Dispatch reports today that “Claude Allen expected to plead guilty.”

And The Raleigh News & Observer reports that “Allen, Bush’s ex-adviser, will plead guilty to theft.”

As noted in this earlier Washington Post article, President Bush had nominated Allen to serve on the U.S. Court of Appeals for the Fourth Circuit back in April 2003. The full U.S. Senate, however, never held an up-or-down vote on the nomination.

Posted at 10:44 AM by Howard Bashman



“Top Military Lawyers Oppose Plan for Special Courts”: This article appears today in The Washington Post.

The New York Times reports today that “White House Asks Congress to Define War Crimes.”

The Los Angeles Times reports that “New Plan Is Proposed for Detainees; The White House offers revised military rules for suspected terrorists’ trials; Republican Sens. McCain and Graham remain skeptical.”

And USA Today reports that “White House renews push for tribunals.”

Posted at 7:25 AM by Howard Bashman



“Padilla case said to lack evidence; A federal judge has expressed doubts about the strength of the government’s terror conspiracy case against Jose Padilla and others, ordering prosecutors to provide more evidence of alleged violent activities overseas”: This article appears today in The Miami Herald.

The South Florida Sun-Sentinel reports today that “Trial delayed for Padilla, 2 others suspected in al-Qaida case.”

And The Associated Press reports that “Judge Delays Padilla Terror Trial.”

Posted at 7:05 AM by Howard Bashman



“Fast Ruling Sought in Redistricting Case”: The Associated Press provides a report that begins, “With an election just around the corner, a three-judge federal panel was set Thursday to hear arguments about how to redraw southwest Texas congressional districts to restore minority voting power.”

Posted at 6:58 AM by Howard Bashman



In today’s edition of The Wall Street Journal: An article headlined “Alltel Spoofs Itself in Online Ads, But Not Everyone Gets the Joke” (free access) begins, “In advertisements on hundreds of blogs, visitors are being encouraged to join a lawsuit against Alltel Corp. over a new discount-calling plan from the regional cellphone company.” This particular Blogad can now be viewed here at “How Appealing” by simply scrolling to the Blogads box located in the right-hand column of this page.

Today’s newspaper also contains an article headlined “Federal Judges May Get Tax Relief on Stock Sales” (free access).

Posted at 6:55 AM by Howard Bashman



“Sack’s Sagacity”: The New York Sun today contains an editorial that begins, “The New York Times is weighing whether to appeal a decision of the judges who ride the Second United States Circuit that opens the way for a federal prosecutor to get a look at records of the newspaper’s phone calls.”

Posted at 6:45 AM by Howard Bashman