How Appealing



Tuesday, January 16, 2007

“Court Vacates Term of Algerian in Bomb Plot”: The New York Times on Wednesday will contain an article that begins, “A federal appeals court on Tuesday vacated the 2005 sentence of an Algerian man convicted of plotting to bomb Los Angeles International Airport.”

My earlier coverage appears at this link.

Posted at 11:35 PM by Howard Bashman



Say hello to the next Ninth Circuit Judge from Idaho: The White House today withdrew its nomination of N. Randy Smith for the vacancy created when Stephen S. Trott took senior status, sent to the U.S. Senate just one week ago today, and then immediately nominated N. Randy Smith for the vacancy created when Thomas G. Nelson took senior status. This circumvents, at least for now, the question whether Judge Trott’s vacancy should go to a nominee from Idaho or California.

Once confirmed, this nominee would become the second Circuit Judge Smith currently serving on the Ninth Circuit and the fifth Circuit Judge Smith currently serving on the U.S. Courts of Appeals. The official biographies of the other four, in order of their arrivals on the federal appellate bench, can be accessed here, here, here, and here.

Posted at 6:55 PM by Howard Bashman



“Court will not hear nuclear plant threat case”: Reuters provides a report that begins, “The Supreme Court refused on Tuesday to decide whether a potential terrorist attack must be considered as part of a U.S. government agency’s environmental review of a nuclear power plant’s expansion plans.”

Posted at 5:42 PM by Howard Bashman



“High court needs more trust, not more rules; Good manners, not official rule, should govern private discussions”: The Detroit News today contains an editorial that begins, “The Michigan Supreme Court will hold a hearing tomorrow on whether it should adopt a rule that could carry a punishment for justices who reveal confidential internal court discussions and material. The proposed rule stems from a spectacularly bitter feud between one of the justices and some of her colleagues.”

Posted at 4:15 PM by Howard Bashman



“Libel lawsuit appeal in works”: The Kane County (Ill.) Chronicle today contains an article that begins, “Lawyers for the Kane County Chronicle have taken the first step toward an appeal of a $7 million libel judgment against the newspaper for columns about Illinois Supreme Court Chief Justice Robert Thomas.”

And The Beacon News of Aurora, Illinois reports today that “Newspaper files appeal of $7 million libel verdict; Award to Supreme Court justice could be largest ever in state.”

If the award is ever collected, there’s at least one Chief Justice whose pay raise request won’t be well-taken.

Posted at 4:00 PM by Howard Bashman



“Hershey alumni hope to reargue case”: The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, “The Milton Hershey School Alumni Association has applied to the state Supreme Court for the right to reargue for the power to challenge the school’s operations, claiming a recent court decision ignored a ‘special interest’ test.”

My earlier coverage appears at this link.

Posted at 3:54 PM by Howard Bashman



“Insurance Firms Targeted in Credit Case”: The Associated Press provides a report that begins, “Several Supreme Court justices seemed taken aback Tuesday at the idea that insurance companies might be required to notify tens of millions of customers they aren’t getting the best rates because of their credit reports.”

The transcript of today’s U.S. Supreme Court oral argument in Safeco Ins. Co. of America v. Burr, No. 06-84, can be accessed at this link.

You can also now access online at this link today’s oral argument transcript in Travelers Casualty and Surety Co. of America v. Pacific Gas & Elec. Co., No. 05-1429.

Posted at 3:20 PM by Howard Bashman



“Sniping Dominates Mich. High Court”: David Eggert of The Associated Press provides a report that begins, “The notion of black-robed judges as symbols of decorum and civility seems almost laughable these days in Michigan. Justices on the Michigan Supreme Court have been fallen into sniping and name-calling and traded accusations of unprofessional conduct. One justice referred to another as a ‘very angry, sad woman’ and suggested she go on a hunger strike for everyone else’s benefit.”

My earlier coverage can be accessed via this link.

Posted at 2:04 PM by Howard Bashman



“Court Nixes Sentence of Man in Bomb Plot”: David Kravets of The Associated Press provides a report that begins, “A federal appeals court on Tuesday threw out the sentence of a man who was convicted of plotting to bomb Los Angeles International Airport at the turn of the millennium.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit in United States v. Ressam at this link.

Posted at 2:00 PM by Howard Bashman



“Court Orders Review of Vioxx Class Suit”: The Associated Press provides a report that begins, “A New Jersey appellate court panel on Tuesday opened the door to a potential class action lawsuit against Merck & Co. on behalf of people who took its now-withdrawn painkiller Vioxx and want the company to pay for tests to detect possible heart ailments.”

You can access today’s ruling of the Superior Court of New Jersey’s Appellate Division at this link.

Posted at 12:55 PM by Howard Bashman



“Crossbow attack shocks judiciary”: The Korea Herald provides a report that begins, “A former professor’s attack on a judge with a crossbow Monday sent shock waves through judicial circles and prompted calls for measures to safeguard the safety of judges.”

Posted at 12:40 PM by Howard Bashman



“An op-ed by Professor Charles Fried discusses legal representation in America”: Harvard Law School’s web site provides free access at this link to Law Professor Charles Fried‘s op-ed “Mr. Stimson and the American Way” published today in The Wall Street Journal. The op-ed begins, “Defense Department official Charles Stimson showed ignorance and malice in deploring the pro bono representation of Guantanamo detainees by lawyers in some of the nation’s leading law firms, and in calling on their corporate clients to punish them for this work.”

Posted at 12:30 PM by Howard Bashman



“UT law professors to argue before U.S. Supreme Court Wed.; Capital Punishment Clinic offers students real-life court experience”: This article appears today in The Daily Texan.

Posted at 12:15 PM by Howard Bashman



“CJ Roberts and sentencing law: the virtues (and vices?) of consensus.” Doug Berman has this post at “Sentencing Law and Policy.”

And at “Balkinization,” Sandy Levinson has a post titled “John Roberts and an ‘Institutionalist’ Court.”

Both posts focus on Jeffrey Rosen’s article headlined “Roberts’ Rules: In an exclusive interview, Chief Justice John Roberts says that if the Supreme Court is to maintain legitimacy, its justices must start acting more like colleagues and less like prima donnas” in the January/February 2007 issue of The Atlantic Monthly.

Posted at 12:10 PM by Howard Bashman



Access online today’s statements from U.S. Supreme Court Justices regarding the granting or denying of certiorari: Justice John Paul Stevens issued a statement respecting the denial of the petition for writ of certiorari in Joseph v. United States, No. 06-5590.

Justice Antonin Scalia issued a statement respecting the denial of the petition for writ of certiorari in United States v. Omer, No. 05-1101.

And Justice Ruth Bader Ginsburg issued an opinion concurring in the Court’s GVR issued in Haas v. Quest Recovery Services, Inc., No. 06-263.

Posted at 11:54 AM by Howard Bashman