How Appealing



Saturday, January 20, 2007

“Prayer decision appealed; Tangipahoa parties say ruling unclear”: The Advocate of Baton Rouge, Louisiana today contains an article that begins, “In court petitions filed Friday in the three-year legal battle over prayers at Tangipahoa Parish School Board meetings, both sides asked the 5th U.S. Circuit Court of Appeals to reconsider its divided decision.”

My earlier coverage can be accessed here and here.

Posted at 1:05 PM by Howard Bashman



“Poor litigants dealt legal blow; No fund award for tiny store up against Canada Customs, Supreme Court rules”: The Toronto Star today contains an article that begins, “Supporters of a small Vancouver bookstore caught in an expensive legal fight with Canada Customs say governments face new pressure to improve access to the justice system now that the country’s highest court has confirmed litigants stand little chance of having wealthier opponents fund their cases. In a 7-2 ruling yesterday, the Supreme Court of Canada refused to order the federal government to pay legal costs in advance to Little Sisters Book and Art Emporium, a gay and lesbian bookstore challenging Customs’ enforcement practices and its seizure of four books.”

And The Toronto Globe and Mail reports today that “Top court denies cash for Little Sister’s fight.”

You can access at this link yesterday’s ruling of the Supreme Court of Canada.

Posted at 12:55 PM by Howard Bashman



“Abortion debate heats up; Parent-notice law on teen abortions OKd by Madigan”: The Chicago Sun-Times contains this article today.

The Chicago Tribune reports today that “Abortion law called legal; Madigan asks court for time before parental notification law is enforced.”

And The St. Louis Post-Dispatch reports that “Attorney general asks court to enforce abortion notification law.”

You can access online the “Statement Of Illinois Attorney General Madigan On Parental Notice Of Abortion Litigation” at this link, while the motion filed yesterday in federal district court can be accessed here.

Posted at 12:45 PM by Howard Bashman



“Oregonian will oversee Guantanamo; Cameron A. Crawford gains the rank of brigadier general for the job”: This article appears today in The Oregonian.

Posted at 12:40 PM by Howard Bashman



“DA backs death penalty for violent criminals; Watkins says he’ll push for it in new Miller-El trial”: The Dallas Morning News today contains an article reporting that “The newly elected Mr. Watkins said he plans to seek a new trial and the death penalty for Thomas Miller-El, whose 1986 death penalty conviction was overturned by the U.S. Supreme Court over concerns that prosecutors had intentionally excluded minorities from his jury.”

Posted at 12:38 PM by Howard Bashman



“Attorney general’s Day 1 included missed deadline; Assistant admits ‘snafu’ in Medicaid case”: Yesterday’s edition of The Columbus Dispatch contained an article that begins, “A missed deadline may have cost the state of Ohio an opportunity to participate in a legal case deemed ‘extremely important’ to whether Medicaid recipients may choose their own service providers. On the day Marc Dann was sworn in as Ohio attorney general, a junior attorney in his office missed a 5 p.m. deadline for asking the Ohio Supreme Court to review an appeals court’s decision requiring Medicaid providers to enter into contracts with county boards of mental retardation and developmental disabilities.”

Posted at 12:35 PM by Howard Bashman



“Judge pushes for probe of state Supreme Court”: The Detroit News today contains an article that begins, “Michigan Supreme Court Justice Elizabeth Weaver on Friday ramped up her feud with her four fellow Republican colleagues on the state’s highest court, calling for the creation of a three-member commission to investigate the ‘misconduct and abuse of power’ she says is rampant on the court.”

And The Associated Press reports that “Weaver says outside panel should investigate state’s high court.”

Posted at 10:08 AM by Howard Bashman



“Administration stays course in legal war; Bush’s team sees victory even in retreats in fights over anti-terror tactics”: David G. Savage has this news analysis today in The Los Angeles Times.

Posted at 9:58 AM by Howard Bashman



“Did 9th Circuit Judges Go AWOL From Oral Argument? One way ‘death is different’ in the 9th Circuit.” The brand new installment of my “On Appeal” essay for law.com can be accessed at this link.

Posted at 12:13 AM by Howard Bashman



Friday, January 19, 2007

“Revive fair deal on Michigan federal judges; Every judicial nominee should be given a vote”: This editorial appears today in The Detroit News.

Posted at 9:28 PM by Howard Bashman



In Texas, you can ride horses, but don’t dare eat ’em: If you thought that slaughterhouse cases were merely a relic of federal constitutional law, you were wrong, as today the U.S. Court of Appeals for the Fifth Circuit has decided one such case. Today’s opinion explains:

Texas is home to two of the three slaughterhouses in the United States that process horsemeat for human consumption, with the third operating in Illinois. After several decades of operations, the Texas Attorney General informed them that Texas is one of a handful of states that prohibits their activities. Whether he informed them correctly is the subject of this case.

We VACATE the district court’s permanent injunction barring the prosecution of slaughterhouses for processing, selling and transporting horsemeat for human consumption.

Thus, as a result of today’s ruling, Texas slaughterhouses that process horsemeat can be prosecuted for violating Texas law prohibiting that activity.

As the blog “Statute of Frogs” notes here, the United States is not the only nation where the judiciary and slaughterhouses often find themselves mentioned on the same page. And to access an earlier “How Appealing” mention of the Slaughterhouse Cases, simply click here.

Posted at 8:54 PM by Howard Bashman



“NY Court: FBI May Have Coerced Filmmaker.” The Associated Press provides a report that begins, “An effort by the FBI and federal prosecutors to remove a short fictional film about a military takeover of New York City from the Internet may have violated the First Amendment, a federal appeals court said Friday.”

My earlier coverage — including a link to the film — appears here.

Posted at 8:35 PM by Howard Bashman



“Courts & the Law: Figure of Speech.” In next Monday’s issue of CQ Weekly, columnist Kenneth Jost will have an essay that begins, “School administrators around the country are punishing students for speaking out on issues ranging from abortion and homosexuality to drug use and the war in Iraq. And the Supreme Court appears poised to side with school administrators and — for no compelling reason — limit a landmark 1960s precedent aimed at safeguarding pupils’ free-speech rights.”

Posted at 8:20 PM by Howard Bashman



“Mich. Schools Won’t See Delay in New Law”: The Associated Press provides a report that begins, “The U.S. Supreme Court on Friday rejected a bid to give three state universities more time to comply with parts of Michigan’s new law banning some types of public affirmative action programs.”

The Detroit News provides an update headlined “U.S. Supreme Court denies group’s request for Prop 2 delay.”

The Detroit Free Press provides a news update headlined “High court rejects affirmative action delay in Michigan colleges.”

Greg Stohr of Bloomberg News reports that “Supreme Court Won’t Delay Michigan Ban on Race-Based Admissions.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Michigan affirmation action plea denied.”

Posted at 8:03 PM by Howard Bashman



On Sunday’s broadcast of the ABC News program “This Week with George Stephanopoulos“: National Journal’s “The Hotline” reports today that “ABC’s Jan Crawford Greenburg talks about her new book on SCOTUS.” The book will go on sale next Tuesday, January 23rd, and I’m looking forward to reading it. I’ve already heard good things about the book from one of the few people who’ve been allowed an advance look. I was even in the same room as a copy of the book during my trip to Washington, DC last week, but I had no luck wrestling the book away from its author.

Posted at 3:45 PM by Howard Bashman



“Brown and the Limits of Originalism”: The new issue of The Harvard Law Record contains an article that begins, “Can the Court’s ruling in Brown v. Board of Education be defended with an original understanding of the Constitution? Last Tuesday, students filled Pound 107 to hear Professor Michael Klarman and Judge Michael McConnell debate the question while enjoying pizza provided by the Federalist Society.”

Posted at 3:25 PM by Howard Bashman



“Microsoft Case Lawyers Claim Violation”: The Associated Press provides a report that begins, “The plaintiffs in Iowa’s class-action antitrust lawsuit against Microsoft Corp. claim they have uncovered information that indicates the software company is violating its 2002 agreement with the U.S. Department of Justice.”

And The Des Moines Register reports today that “Microsoft probes plaintiffs’ ties to Conlin.”

Posted at 2:20 PM by Howard Bashman



“This case arises out of the efforts of the Federal Bureau of Investigation and the United States Attorney’s Office for the Southern District of New York to remove from the internet a video that they may have believed posed a danger to the public safety.” So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today.

The ACLU provides additional background on the case here, here, and here.

Update: You can view the internet video in question via this link.

Posted at 12:40 PM by Howard Bashman



Pittsburgh attorney files brief in opposition to DontDateHimGirl.com’s motion to dismiss his lawsuit against that web site: You can access the brief in opposition at this link, while the appendix filed in support of the brief can be accessed here.

Also available online are the brief in support of the motion to dismiss and a related amicus brief.

Oral argument on the motion remains scheduled to occur next Tuesday.

Update: Links to the documents fixed (I hope). If the links still don’t work for you, you can access the documents directly via the trial court’s online docket sheet.

Posted at 9:44 AM by Howard Bashman