How Appealing



Thursday, March 1, 2007

“Overruling Roe v. Wade: A Post in Three Parts. Part II: What if they do?” Jessie Hill has this post today at “PrawfsBlawg.”

Posted at 5:50 PM by Howard Bashman



Programming note: I’ll be away from the computer for a bit this afternoon. Additional posts will appear later today.

Posted at 1:00 PM by Howard Bashman



“Lowering our standards of probable cause to permit government intrusion into private residences based solely on proof of mere transmittal of unsolicited email constitutes an unwarranted erosion of the Fourth Amendment.” So writes Circuit Judge Sidney R. Thomas dissenting from today’s ruling of the U.S. Court of Appeals for the Ninth Circuit in a child pornography case.

Today’s ruling overturns a federal district court’s decision that had suppressed the results of the search of the email recipient’s home. Circuit Judge Pamela Ann Rymer wrote the majority opinion, in which retired Justice Sandra Day O’Connor joined.

Posted at 12:50 PM by Howard Bashman



“U.S. Judge Finds Padilla Competent to Face Trial”: This article appears today in The New York Times, which also contains an editorial entitled “The Jose Padilla Trial.”

The Washington Post reports today that “Judge Rules Padilla Is Competent to Stand Trial; Accused Combatant Alleges Mistreatment.”

The Los Angeles Times reports that “Padilla ruled fit for terror trial; In a victory for the government, his judge says the defendant has proven himself mentally competent.”

USA Today reports that “Terror suspect Padilla ruled fit to stand trial; Judge: Decision doesn’t address abuse claims.”

The Miami Herald reports that “Judge rules Padilla fit for trial; A federal judge in Miami found terror defendant Jose Padilla psychologically fit to stand trial this spring.”

And The South Florida Sun-Sentinel reports that “Padilla mentally fit to stand trial in terror case, U.S. judge in Miami says.”

Posted at 8:44 AM by Howard Bashman



“Supreme Court hears arguments in faith-based initiative case; The justices seem split on whether to allow a challenge to Bush’s plan on 1st Amendment grounds”: David G. Savage has this article today in The Los Angeles Times.

The Chicago Tribune reports today that “Faith-based case divides justices.”

The Boston Globe reports that “High court hears case of faith-based funding; Atheists argue for the right to sue government.”

And The Yale Daily News reports that “Court hears YLS case; Clinic given trial run in Supreme Court.”

Posted at 8:30 AM by Howard Bashman



“U.S. Blasted for Treatment of Detainees”: The Associated Press provides a report that begins, “The U.N. human rights chief expressed concern Wednesday at recent U.S. legislative and judicial actions that she said leave hundreds of detainees without any way to challenge their indefinite imprisonment.”

Posted at 8:23 AM by Howard Bashman



“Report to suggest exploring different execution options”: The St. Petersburg Times today contains an article that begins, “The commission studying Florida’s lethal injection procedures will recommend that state officials review if there is a better way to execute condemned inmates than the three-drug cocktail used now.”

And The Gainesville Sun today contains articles headlined “Crist to decide on use of lethal injection drug” and “Executioners’ qualifications still in doubt.”

Posted at 8:20 AM by Howard Bashman



“Judge hits politics in choice of marshals; A rare rebuke from US bench”: The Boston Globe today contains an article that begins, “A federal judge in Boston has blasted the US Marshals Service as a ‘second rate’ agency because it is headed by a patronage appointee, and called on Congress to ‘professionalize’ the law enforcement agency. Judge William G. Young, in an unusual addendum to a ruling in an employment discrimination case last week, went out of his way to criticize the way marshals are appointed throughout the country.”

You can access last week’s ruling of the U.S. District Court for the District of Massachusetts at this link.

Posted at 8:05 AM by Howard Bashman



“High court case tests limits of student speech rights; Key question: Have efforts to keep order in schools gone too far?” Joan Biskupic has this front page article today in USA Today.

Posted at 7:40 AM by Howard Bashman



“Veiled Truth: Judges believe that they can tell when people are lying just by looking at their faces; poker players know better.” Law Professor Steven Lubet has this essay in the March 2007 issue of The American Lawyer.

Posted at 7:33 AM by Howard Bashman



“The Supreme Court Decides Whether Taxpayers Can Sue to Challenge the Constitutionality of the Use of Funds for President Bush’s Faith-Based Initiatives”: Rodger Citron has this essay online today at FindLaw.

Posted at 6:48 AM by Howard Bashman