How Appealing



Monday, September 25, 2006

“Lawyer for Detainees Speaks on Suicides”: The Associated Press provides a report that begins, “An attorney who represents several Guantanamo Bay detainees said the U.S. military is attempting to falsely link him to the suicides of three prisoners at the U.S. base to deflect blame for its own actions.”

Posted at 8:25 PM by Howard Bashman



“A Texas-Sized Standoff Over Sex Toys; In the wake of Lawrence ruling, Supreme Court to determine whether to take up state ban on adult aids”: Tom Goldstein has this “Conference Call” essay (subscription required) in today’s issue of Legal Times.

“SCOTUSblog” has posted a copy of the cert. petition at this link. The questions presented contain only two dildos.

Posted at 5:20 PM by Howard Bashman



“Justice Alito’s First Year”: From this past Saturday’s broadcast of C-SPAN‘s “America & the Courts,” “Supreme Court Justice Samuel Alito talks about his first year on the Court and his time working in the Reagan administration at the Ronald Reagan Presidential Library in Simi Valley, CA. Following Justice Alito, U.S. District Judge Joan Lefkow talks about judicial independence and congressional challenges to judicial authority.” You can view the broadcast online, on-demand, by clicking here (RealPlayer required).

Posted at 4:40 PM by Howard Bashman



“Pa. Supreme Court Rejects Opportunity To Relax Its Harsh Appellate Waiver Jurisprudence”: That was the title of the February 2006 installment of my “Upon Further Review” column published in The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Toward the conclusion of that essay, I wrote: “The Pa. Supreme Court’s recent rulings in Castillo and Schofield demonstrate the urgent need for two amendments to the Pennsylvania Rules of Appellate Procedure.” I am pleased to report that Pennsylvania’s Appellate Court Procedural Rules Committee last week published for comment a proposed amended version of Pennsylvania Rule of Appellate Procedure 1925 reflecting, among other changes, the very two amendments I advocated in my February 2006 essay.

And in case anyone doubts which State has the most overburdened appellate judges, the Committee Report accompanying the proposed amendment to Pa. R. App. P. 1925 states, “While other jurisdictions do not require trial court opinions, because Pennsylvania’s appellate courts lead the nation in the number of appeals relative to the number of judges, the preparation of trial court opinions is deemed necessary to assist the appellate process.”

Posted at 4:05 PM by Howard Bashman



“Polygamy case in court; Trio asks 10th Circuit to overturn longtime Utah ban on the practice”: The Deseret Morning News today contains an article that begins, “The 10th U.S. Circuit Court of Appeals in Denver today will take up the case of three people suing for the right to become husband and wife — and wife.”

Posted at 2:23 PM by Howard Bashman



“New Report Details Shortcomings and Disturbing Background of ‘Unqualified’ Nominee Michael Wallace”: The organizations People For the American Way and Alliance for Justice issued this press release today announcing the availability of this 37-page report.

Posted at 12:05 PM by Howard Bashman



American Bar Association retains unanimously “not qualified” rating for Fifth Circuit nominee Michael B. Wallace: The result of whatever reevaluation the ABA conducted due to President Bush’s recent renomination of Wallace can be ascertained at this link.

At National Review Online’s “Bench Memos” blog, Ed Whelan writes that the Senate Judiciary Committee will hold a confirmation hearing for Wallace at 3:30 p.m. tomorrow.

And yesterday, The Clarion-Ledger of Jackson, Mississippi published op-eds voicing opinions “pro” and “con” on the issue “Should Mike Wallace be confirmed to the 5th Circuit?”

Posted at 11:22 AM by Howard Bashman



“Judge Allows Class Action Tobacco Suit”: The Associated Press provides a report that begins, “A federal judge on Monday granted class action status to tens of millions of ‘light cigarette’ smokers for a potential $200 billion lawsuit against cigarette makers.”

You can access today’s ruling by Senior U.S. District Judge Jack B. Weinstein at this link (540-page PDF file).

Posted at 10:58 AM by Howard Bashman



Hamdan and the Sunset of Sovereignty: The ill-conceived torture debate could open Pandora’s box.” Andrew C. McCarthy has this essay today at National Review Online.

Posted at 10:20 AM by Howard Bashman



“Familiar Battles: The new Supreme Court term will focus on issues that have bitterly divided the nation for many years.” This article appears in the October 2, 2006 issue of U.S. News & World Report.

Posted at 8:35 AM by Howard Bashman



“Pa. Supreme Court Guilty of Political, but Not Judicial, Ineptitude; Justices ruled correctly on judicial pay raises”: The brand new installment of my “On Appeal” column for law.com can be accessed here.

Posted at 8:33 AM by Howard Bashman



“McCain Names Practices Detainee Bill Would Bar; Senator Says 3 Interrogation Methods Are Among the ‘Extreme Measures’ the Plan Would Outlaw”: This article appears today in The Washington Post.

The New York Times reports today that “Torture Victim Had No Terror Link, Canada Told U.S.

USA Today contains an editorial entitled “Republicans heal rift, but deal on detainees falls short; As Bush, Congress rush to act, agreement smacks of a quick fix.” And James S. Robbins has an op-ed entitled “Habeas corpus not needed; We didn’t try prisoners during WWII; Why should we start now?

The Wall Street Journal on Saturday contained an editorial entitled “An Antiterror Victory: The agreement on interrogations is a big favor for future Presidents.”

And today in The Washington Times, Nat Hentoff has an op-ed entitled “A government of laws.”

Posted at 8:30 AM by Howard Bashman



“Progress on Judicial Ethics: The judiciary takes steps in the right direction — but not far enough.” This editorial appears today in The Washington Post.

Posted at 8:02 AM by Howard Bashman



“House-Senate Disagreement Could Halt Defense Bill”: The Washington Post today contains an article that begins, “House Speaker J. Dennis Hastert (R-Ill.) — in a showdown with Senate Republicans — has vowed he will not bring a major defense policy bill to the chamber floor this week unless Senate negotiators add a federal court security bill and a controversial House anti-illegal-immigration measure, senior House leadership aides say.”

The article goes on to report that “The court measure has bipartisan support and is being pushed by Hastert and Sen. Richard J. Durbin (Ill.), the Senate Democratic leadership’s second in command. It authorizes additional funding for U.S. marshals to protect the judiciary, increases penalties for crimes against federal judges, bolsters protections for jurors, and funds security enhancements at state courthouses. Those provisions were included in the Senate’s version of the defense policy bill at Democrats’ insistence. But support for the measure has begun to fray after House members added a provision that would allow judges to carry concealed weapons.”

And in other coverage, The Chicago Tribune reports today that “D.C. dispute puts security push on hold; How to protect judges, border splits Congress.”

Posted at 8:00 AM by Howard Bashman



“Cook the Books, Get Life in Prison: Is Justice Served?” The Washington Post today contains a front page article that begins, “In the category of longest prison sentence, WorldCom Inc. founder Bernard J. Ebbers recently bested the organizer of an armed robbery, the leaders of a Bronx drug gang and the acting boss of the Gambino crime family.”

Posted at 7:55 AM by Howard Bashman



Twenty-five years ago today: As The Associated Press notes here, “Sandra Day O’Connor was sworn in as the first female justice on the Supreme Court.”

Posted at 7:54 AM by Howard Bashman



“Voters get a say on land rights; State laws limit high court ruling”: Today’s issue of USA Today contains a front page article that begins, “Eleven states are giving voters their first chance this fall to override last year’s Supreme Court ruling that allows local governments seeking more tax revenue to seize private property and give it to developers.”

Posted at 7:45 AM by Howard Bashman