How Appealing



Thursday, December 21, 2006

“Senator Brownback and the Judge”: The New York Times on Friday will contain an editorial that begins, “If most people were asked to list the qualities they want in a federal judge, few would include ‘has not attended a same-sex commitment ceremony.’ But that was the outrageous litmus test that Senator Sam Brownback, Republican of Kansas, applied to Janet Neff, whose nomination he has been blocking.”

Posted at 11:59 PM by Howard Bashman



“Sullivan Will Voluntarily Testify Before Judiciary Committee”: Lynne Tuohy of The Hartford Courant provides a news update that begins, “Former Chief Justice William J. Sullivan has reversed his stance and said he will voluntarily testify before the legislature’s Judiciary Committee about his withholding release of a controversial ruling on access to the courts.”

Posted at 11:57 PM by Howard Bashman



Programming note: During the day today, I will be away from the office meeting with co-counsel to finalize a Brief for Appellants due to be filed today in an appeal pending in the Superior Court of Pennsylvania. Earlier media coverage of that case can be accessed here.

Additional posts will appear here later today.

Posted at 8:35 AM by Howard Bashman



Petition for writ of certiorari filed in grandparent visitation case: Yesterday, with the invaluable assistance of the University of Virginia School of Law‘s Supreme Court Litigation Clinic, a petition for writ of certiorari was filed in the U.S. Supreme Court presenting the following question over which state courts of last resort are profoundly divided:

Whether the Fourteenth Amendment’s Due Process Clause is violated when a court orders grandparent visitation over a fit parent’s objection, where the grandparent has not proved by clear and convincing evidence that such an order is necessary to prevent harm or potential harm to the child.

This is the case in which a client of mine was on the losing side before the Supreme Court of Pennsylvania. You can access the Pa. Supreme Court’s opinions in that case via this link, while related earlier press coverage from Joan Biskupic of USA Today can be accessed here.

The cert. petition itself can be accessed at this link. Let me thank Mark T. Stancil, Law Professor Daniel R. Ortiz, David T. Goldberg, and UVA law students Andrew Carlon, Lisa Kinney, and Matt Madden for their tremendous work resulting in yesterday’s court filing.

Update: The Supreme Court has docketed the case at No. 06-863. Respondent’s brief in opposition is currently due on or before January 22, 2007.

Posted at 8:33 AM by Howard Bashman



“State high court to review same-sex marriage ban”: Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that “Marriage law goes to high court; State Supreme Court sets aside appellate ruling on same-sex issue, agrees to hear arguments.”

In The Sacramento Bee, legal affairs writer Claire Cooper has an article headlined “Review for gay marriage; High court moves quickly in agreeing to study state’s ban.”

Josh Richman of The Oakland Tribune reports that “State Supreme Court takes gay marriage cases.”

And The San Jose Mercury News contains an article headlined “Next step for gay marriage; State Supreme Court agrees to weigh whether ban violates civil rights.”

Posted at 8:20 AM by Howard Bashman



“High court may take up question of Scouts’ religious status; Ninth U.S. Circuit requests state review of federal case involving San Diego’s $1-a-year lease of parkland to group”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 8:15 AM by Howard Bashman