How Appealing



Tuesday, September 5, 2006

“Kennedy has surgery”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “Supreme Court Justice Anthony M. Kennedy has had surgery in Washington to replace a stent — a device used to keep open a vein that had previously been blocked.”

Posted at 5:55 PM by Howard Bashman



“DOJ Losing Ground In Wiretap Fight; Four Federal Cases Challenge Warrantless Surveillance Program”: This article (free access) appears in this week’s issue of Legal Times.

Posted at 11:35 AM by Howard Bashman



What do you call a handwritten typo? While I was on vacation last week, a reader emailed to draw my attention to the fact that Seventh Circuit Judge Richard A. Posner‘s official financial disclosure form for 2006, on which Judge Posner appears to have handwritten his answers, states that he serves on the U.S. Court of Appeals for the Second Circuit. All those other circuits that failed to claim Judge Posner off the waiver-wire are probably kicking themselves right about now. Word is that the Seventh Circuit will receive a circuit judge to be named later and cash considerations in the deal.

In addition to secretly switching circuits, Judge Posner also recently appeared on “The Glenn & Helen Show” (providing links for audio download).

Posted at 10:44 AM by Howard Bashman



“The central issue in this case is whether the Fourth Amendment is implicated when a police officer investigates an automobile license plate number using a law enforcement computer database.” The majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today answers “no” in a decision that you can access here.

Posted at 10:25 AM by Howard Bashman



“Wow, David Lat — the erstwhile Article III Groupie, who’s now blogging at Above the Law — is getting doubly slammed over there at Feminist Law Professors.” So begins a post this morning from Ann Althouse.

Posted at 8:23 AM by Howard Bashman



Available for viewing online from C-SPAN‘s “America & the Courts“: This past Saturday’s broadcast is titled “First Year of the Roberts Court.” Panelists included “Los Angeles Times Supreme Court Correspondent David Savage, Yale University Law Professor Akhil Reed Amar, and Duke University Law Professor Erwin Chemerinsky.” You can view the video online, on-demand, by clicking here. My earlier coverage of this event can be accessed at this link.

And two Saturdays ago, the broadcast was titled “Supreme Court Term Review.” Panelists included “Deputy Solicitor General Gregory Garre [and] Attorney Tom Goldstein.” You can view the video by clicking here. My earlier coverage of this event appears at this link.

RealPlayer is required to launch these video segments.

Posted at 8:14 AM by Howard Bashman



“Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings”: The new installment of my “On Appeal” column for law.com is at this link.

Posted at 7:30 AM by Howard Bashman



“This Mommy Track May Go Somewhere; Some companies offer a chance to advance on a schedule that allows more time at home”: The Los Angeles Times today contains an article that begins, “Attorney Becky Belke works at a Los Angeles law firm where colleagues regularly toil nights and weekends.”

Posted at 7:15 AM by Howard Bashman



Young law professor to be confirmed as federal appellate judge this afternoon: At 4:30 p.m. today, the U.S. Senate is scheduled to hold an up-or-down vote on the nomination of Kimberly Ann Moore to be United States Circuit Judge for the Federal Circuit.

Professor Moore — whose rapid confirmation has not been hindered by the fact that the web page containing her resume at the U.S. Department of Justice’s site says on the upper-left-hand corner of the page “Estrada resume” — will not reach 40 years of age until 2008, and thus today she will become the youngest federal appellate judge currently serving on the bench.

Posted at 7:10 AM by Howard Bashman



“Former U.S. Justice O’Connor says courts have more terror-related decisions ahead”: The Associated Press provides this report from Liechtenstein.

Posted at 6:35 AM by Howard Bashman



“The Further Dangers of Secrecy: A Federal District Court Interprets the Foreign Intelligence Surveillance Act to Allow Spying on Those Who Are Neither Spies Nor Terrorists.” Jennifer Van Bergen has this essay online today at FindLaw.

Posted at 6:25 AM by Howard Bashman



Monday, September 4, 2006

“Judge’s allies press for vote in Senate”: The News & Observer of Raleigh, North Carolina today contains an article that begins, “For U.S. District Judge Terrence Boyle, the next four weeks could make the difference in whether he can finally, after a tumultuous, years-long battle, land a seat on the nation’s second-highest court.”

Fans of the D.C. Circuit may be dismayed to learn that the article is referring to the U.S. Court of Appeals for the Fourth Circuit as the nation’s second-highest court, as though all U.S. Courts of Appeals (perhaps even the Federal Circuit — the potential dumping-ground for all sorts of unwanted cases) were of equal importance.

Thanks to “Confirm Them” for the pointer.

Posted at 9:35 PM by Howard Bashman



“Spying as a form of censorship”: Online at the First Amendment Center, Paul K. McMasters has an essay that begins, “The first federal court decision to address the legality of warrantless eavesdropping on the telephone and Internet conversations of U.S. citizens caused quite a stir when it was handed down Aug. 17.” At last check, Law Professor Brian Leiter hasn’t yet taken issue with the essay’s characterization of “How Appealing” as “authoritative.”

Posted at 9:28 PM by Howard Bashman



“S. Dakota Becomes Abortion Focal Point; Voters to Decide Fate of State Ban”: This article appeared one week ago today in The Washington Post.

Posted at 9:23 PM by Howard Bashman



“Suit over sex questions reaches Supreme Court; Palmdale parents object to survey of school children”: Bob Egelko had this article last Wednesday in The San Francisco Chronicle.

In November 2005, I had this post about the ruling that Circuit Judge Stephen Reinhardt issued on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And in May 2006, I had this post about the three-judge panel’s per curiam opinion denying panel rehearing but making two amendments to the panel’s original ruling.

Posted at 9:18 PM by Howard Bashman



“Starr appeals bong hits case in high court”: Last Tuesday’s edition of The Juneau Empire contained an article that begins, “Famed attorney Kenneth Starr filed a petition for the Juneau School District on Monday in the country’s highest court to hear the ‘Bong Hits 4 Jesus’ case.”

The Anchorage Daily News on Tuesday reported that “Starr joins Juneau bong case; High school senior held up controversial banner in 2002.”

And The Associated Press reports that “Starr Appeals ‘Bong Hits 4 Jesus’ Case.”

The Wall Street Journal Online’s “Law Blog” has posted online a copy of the petition for writ of certiorari at this link.

My earlier coverage of the Ninth Circuit‘s ruling in this case can be accessed here.

Posted at 9:05 PM by Howard Bashman



“2nd Circuit Rejects N.Y. Judicial Conventions; Court says system violates rights of voters and candidates alike”: This article (free access) appeared late last week in the New York Law Journal.

Thursday’s issue of The New York Times reported that “Appeals Court Backs Ruling on Judges’ Elections.”

And Thursday’s issue of The Times Union of Albany, New York contained an article headlined “Ruling: Let voters decide; Appeals court scraps judicial conventions as unconstitutional.”

You can access last Wednesday’s opinion of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 8:50 PM by Howard Bashman



“May a testifying defendant be impeached at trial with statements made before trial to mental health professionals during a court-ordered examination to determine the defendant’s mental competency to stand trial? We conclude that such impeachment violates the federal Constitution’s privilege against self-incrimination.” So begins the majority opinion in a ruling that a divided Supreme Court of California issued on Thursday.

In press coverage, Metropolitan News-Enterprise on Friday reported that “Prosecutors May Not Impeach Defendants With Statements Made in Court-Ordered Mental Competency Exams.”

Posted at 8:40 PM by Howard Bashman



“Court Ruling Clears Mother in Son’s Suicide”: This article appeared last Tuesday in The New York Times.

Last Tuesday’s issue of The Hartford Courant reported that “Court Ends Scruggs’ ‘Hell’; Reverses Conviction Linked To Son’s Suicide.”

And The Record-Journal of Meriden, Connecticut reported last Tuesday that “Scruggs verdict overturned; State Supreme Court unanimous in decision; ruling states that law was unconstitutionally vague and orders an acquittal.”

Last Monday’s ruling of the Supreme Court of Connecticut consisted of the opinion of the court and a concurring opinion.

Posted at 8:24 PM by Howard Bashman



“An Enron twist: convicted but not guilty? A legal precedent could clear Ken Lay, the firm’s late founder, making it hard for the US to tap his estate.” Last Monday, this article appeared in The Christian Science Monitor.

Posted at 8:15 PM by Howard Bashman



“After a surge, US terror prosecutions drop to pre-9/11 levels”: This article will appear Tuesday in The Christian Science Monitor. Earlier, I collected additional press coverage at this link.

Posted at 8:03 PM by Howard Bashman



This Dickens is charged with plagiarism; Not ‘the best of times’ for delinquent juror: Last Monday’s issue of The Daily Press & Argus of Livingston, Michigan contained an article headlined “Judge sends a message on jury duty — Man ordered to write paper after skipping out.”

Yesterday, the newspaper published an article headlined “Punishment mounts for missing juror” that begins, “A former Tyrone Township man court-ordered to write a five-page paper on the history of jury service because he failed to report for jury duty in June found himself in the hot seat again — for plagiarizing the paper.”

And The Associated Press provides a report headlined “Juror Allegedly Steals ‘Jury Duty’ Paper” that begins, “As far as the judge was concerned, the paper he ordered Brandon Dickens to write as punishment for ducking jury duty was plagiarized.”

Posted at 11:45 AM by Howard Bashman