How Appealing



Friday, September 8, 2006

Aaron Harber interviews Justices Stephen G. Breyer and Sandra Day O’Connor: Harber calls Justice Breyer by his first name; I haven’t yet watched Justice O’Connor’s interview to see whether Harber is equally informal with her. You can view the interviews online via this link. Thanks to “SCOTUSblog” for the pointer.

Posted at 11:20 PM by Howard Bashman



“Yu Kikumura, a federal prisoner, became severely ill one afternoon in his cell.” So begins a 71-page opinion that Circuit Judge Michael W. McConnell issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

The Associated Press has previously reported, “As U.S. attorney in New Jersey, a job that normally involves sending underlings into the courtroom, [Samuel A.] Alito personally prosecuted the 1988 terrorism trial of Yu Kikumura, going head to head with the noted defense lawyer, the late William M. Kunstler. Kikumura was convicted of driving with homemade bombs on the New Jersey Turnpike, intending to blow up the Navy recruiting office in Manhattan, and is serving 22 years.” And the April 25, 1988 issue of Time magazine contained this report on Kikumura’s arrest, in which now-Justice Alito is quoted.

Today’s Tenth Circuit ruling reinstates certain of Kikumura’s Eighth Amendment and Federal Tort Claims Act claims. Kikumura’s appeal arises in the Tenth Circuit because he is serving his prison sentence at the United States Penitentiary, Administrative Maximum, in Florence, Colorado.

Posted at 10:40 PM by Howard Bashman



“Wireless Internet Access now available in the Courthouse Cafe and Library in the James R. Browning Courthouse in San Francisco, CA.” This announcement appears today at the home page of the U.S. Court of Appeals for the Ninth Circuit. I presume that this means that members of the public can now surf the web free of charge courtesy of the federal judiciary if they are willing to undergo the security check necessary to enter the courthouse. And to think, not too long ago the federal judiciary’s internet access was strictly regulated (see here and here).

Posted at 5:14 PM by Howard Bashman



“(CIA) Business as Usual?: Would the Administration Bill Effectively ‘Overrule’ Hamdan? “ Marty Lederman has this post today at the “Balkinization” blog.

Posted at 3:45 PM by Howard Bashman



“Judge Rules Against Terror Suspect”: The Associated Press provides a report that begins, ” A federal judge rejected an attempt by terror suspect Jose Padilla to keep a jury from hearing statements he made to the FBI shortly before his 2002 arrest.”

Posted at 3:33 PM by Howard Bashman



Access online the oral argument audio of yesterday’s Seventh Circuit Indiana legislative prayer case: The audio can be accessed in mp3 format by clicking here. Circuit Judge Diane P. Wood was an active and quite impressive questioner.

The briefs filed on appeal in the case can be accessed via this link. And an opinion by this same three-judge panel denying, by a 2-1 vote, a stay of the district court’s order permanently enjoining sectarian prayer at the beginning of Indiana House meetings can be accessed here.

Posted at 3:20 PM by Howard Bashman



“Ruling on Web site access for blind; Judge says the law removes all barriers for disabled people”: Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Oakland Tribune, Josh Richman reports that “Blind patrons’ lawsuit against Target proceeds.”

National Federation of the Blind has issued a press release entitled “Federal judge sustains discrimination claims against Target; precedent establishes that retailers must make their websites accessible to the blind under the ADA.”

I have uploaded this week’s ruling of the U.S. District Court for the Northern District of California at this link. Additional information on the case is available from Disability Rights Advocates via this link.

Posted at 2:58 PM by Howard Bashman



“Plaintiff for Indicted Law Firm Wants Case Dismissed”: Today in The New York Sun, Josh Gerstein has an article that begins, “A perennial plaintiff for a prominent law firm facing federal racketeering and fraud charges is asking that the criminal case against him be dismissed because of protracted delays and his failing health.”

Posted at 2:48 PM by Howard Bashman



“Reporting on British Trials a Challenge”: The Associated Press provides a report that begins, “The complete story of how suspected terrorists planned to blow up U.S.-bound airplanes may take a year or so to tell because of reporting restrictions that keep journalists from publishing details before a trial.”

Posted at 2:45 PM by Howard Bashman



“Sen. Santorum Quotes Bloggers From Floor”: National Journal’s “Beltway Blogroll” provides this post today. You can access the relevant page of the Congressional Record at this link.

Posted at 12:25 PM by Howard Bashman



“This case presents the rare instance when public citizens seek to limit the speech of a governmental entity rather than the reverse.” A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a decision resolving whether an Ohio town “violated the First and Fourteenth Amendments by advertising and otherwise advocating against a citizen-sponsored ballot initiative and in favor of a tax levy.” The majority answers “no.”

In his dissenting opinion, Circuit Judge Boyce F. Martin, Jr. writes, “Here, we confront state action that is at the same time innocuous yet threatening to our republican form of government. Although local governmental expenditures to advocate in an election may seem commonplace and uninspiring, I take the position that governmental campaigning in elections is implicitly prohibited by our constitutional design and republican form of government.”

Posted at 10:15 AM by Howard Bashman



“Senate considers Jackson lawyer; Hearing expected to be replay of brawl over Pickering nomination”: The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, “The Senate Judiciary Committee is set to consider the federal court nomination of Jackson lawyer Michael Wallace at a hearing that may become a replay of the brawl over the nomination of Charles Pickering.” According to the article, the hearing could occur on September 19th or 26th.

Posted at 9:45 AM by Howard Bashman



“Judge This: The Senate leadership should move immediately on pending judicial nominations.” This editorial appears today at National Review Online.

Posted at 9:44 AM by Howard Bashman



“Interrogation Methods Rejected by Military Win Bush’s Support “: Adam Liptak has this article today in The New York Times. And an article reports that “Questions Raised About Bush’s Primary Claims in Defense of Secret Detention System.”

The Washington Post today contains a front page article headlined “Decision to Move Detainees Resolved Two-Year Debate Among Bush Advisers.” The newspaper also contains articles headlined “Bush’s Detainee Plan Is Criticized; Military Lawyers and Senators Say Proposed Rules for Evidence Are Unfair” and “Guantanamo More Strict, Detainees Say; Defense Attorneys Relate Clients’ ‘Despair.’

The Los Angeles Times contains articles headlined “CIA Can Still Get Tough on Detainees; New interrogation rules will apply only to the military; The harsh tactics remain secret” and “Top Military Lawyers Dislike Tribunal Plan; Bush’s proposal to allow withholding evidence from suspects would preclude ‘a full and fair hearing,’ they say; GOP leaders work on a deal.”

The Chicago Tribune reports that “Bush plan vague on torture, evidence; Tribunal judges would decide if detainees had been abused, coerced.”

And McClatchy Newspapers report that “Legal experts in military object to Bush plan” and “Suspects arrived at Guantanamo in good health, commander says.”

Posted at 8:10 AM by Howard Bashman