How Appealing

Sunday, March 25, 2007

“G.O.P. Senators Express Doubts Over Gonzales”: The New York Times on Monday will contain this article, along with an article headlined “Glare of Publicity Finds An Inspector General.”

The Washington Post on Monday will report that “Ex-Prosecutor Says He Faced Partisan Questions Before Firing.”

And McClatchy Newspapers report that “Three Republican senators question Attorney General Gonzales’s credibility and say his Senate testimony may seal his fate.”

Posted at 10:23 PM by Howard Bashman

“Free Speech Rights”: Yesterday evening’s broadcast of the “America and the Courts” program consisted of an episode that C-SPAN describes as follows, “This week, we feature two cases regarding free speech for High School students. First, the Supreme Court hears attorneys argue in Morse v. Frederick. Next, a case regarding Tennessee students being told to remove confederate flag T-shirts. The Sixth Circuit Court of Appeals in Cincinnati hears oral argument in D.B. v. Lafo.”

You can view the broadcast online, on-demand by clicking here (RealPlayer required).

Posted at 7:54 PM by Howard Bashman

“Town hopes to take $78m electricity fight to Supreme Court”: The Boston Globe today contains an article that begins, “In a case officials say could carry broad ramifications for municipalities’ dealings with the power industry, the town of Norwood has decided to appeal to the nation’s highest court, hoping to reverse a $78 million judgment in its protracted fight against its former electricity supplier.”

Posted at 7:15 PM by Howard Bashman

“‘Aussie Taliban’ to get his day in court; The imprisonment of David Hicks has stoked anti-American sentiment in the longtime US-ally nation”: This article will appear Monday in The Christian Science Monitor.

Posted at 6:50 PM by Howard Bashman

“A deplorable citation”: In the March 26, 2007 issue of The National Law Journal, Gregory J. Wallance will have an essay that begins, “A few weeks ago, in Parker v. District of Columbia, a federal court of appeals struck down as unconstitutional a gun control law prohibiting possession of ‘functional firearms’ in the owner’s home. In its opinion, the majority cited the U.S. Supreme Court’s disastrous Dred Scott case of 1857. Whatever the merits of its opinion on gun control, the majority’s undoubtedly well-intentioned citation resurrects a shameful ruling.”

And in the March 26, 2007 issue of Legal Times, Dennis Henigan will have an essay entitled “The Mythic Second: Constitutional Fantasy at the D.C. Circuit Should Not Destroy Our Nation’s Gun Policies.”

Posted at 5:00 PM by Howard Bashman

“Excessive Force: When Does Use of Deadly Force Turn Into Abuse?” You can access the audio of the March 19, 2007 broadcast of NPR’s “Justice Talking” program via this link. The broadcast’s overview begins, “In February, the U.S. Supreme Court considered whether the Constitution permits police to use deadly force to stop a fleeing motorist for speeding and reckless driving.”

Posted at 4:55 PM by Howard Bashman

“To foes, pregnancy sites blur the abortion picture; Crisis pregnancy centers offer alternatives to abortion, but critics say they are misleading”: This article appears today in The Chicago Tribune.

Posted at 2:33 PM by Howard Bashman

“Tapping into privacy: We’re being snooped on without proper oversight, and it is time to start caring about the law and our right to privacy again.” Today in The St. Petersburg Times, columnist Robyn E. Blumner has an op-ed that begins, “It just goes to show you what six years of this administration has done to our national psyche. After the torture memos, ‘state-secrets’ defenses, the demise of habeas corpus and secret overseas prisons, what’s a little invasion of privacy?”

Posted at 2:27 PM by Howard Bashman

“For acting like a teenager”: Today in The Washington Times, Dan K. Thomasson has an op-ed that begins, “There’s an old axiom about bad cases making bad law and that just might be the result of the Supreme Court’s latest deliberation over what constitutes free speech. The justices, who seem to work to avoid tackling some of the thornier issues of the day, just completed listening to arguments centering on whether a teenager has the right to act like one and say silly, provocative things.”

Posted at 2:24 PM by Howard Bashman

“Bush Reaffirms Confidence in Gonzales Amid New Disclosures”: This article appears today in The Washington Post, along with an article headlined “Eyebrows Are Raised in Mich. Over Reasons for Prosecutor’s Firing.”

Today in The Los Angeles Times, David G. Savage has an article headlined “Gonzales still has Bush’s backing.” The newspaper also contains articles headlined “Justice Department tugged to the right; Under Bush, the department has been tainted by politics, many say” and “Firing of Nevada prosecutor Bogden sparks anger; Maybe the dismissal stemmed from an investigation of the governor, or insufficient attention to obscenity cases; Or maybe there was no good reason.”

And in The New York Times, Frank Rich has an op-ed entitled “When Will Fredo Get Whacked?” (TimesSelect temporary pass-through link).

Posted at 1:55 PM by Howard Bashman

“Judicial Disenfranchisement: If the District Had Senators, the Handgun Ruling Might Have Been Different.” Tony Bullock has this essay today in The Washington Post.

Posted at 1:50 PM by Howard Bashman

“Justices to Review Limits on Retail Prices; 1911 Antitrust Decision Bars Manufacturers From Setting Minimums for Sellers”: Robert Barnes has this article today in The Washington Post.

Posted at 1:45 PM by Howard Bashman

“The President’s Prison”: The New York Times today contains an editorial that begins, “George Bush does not want to be rescued. The president has been told countless times, by a secretary of state, by members of Congress, by heads of friendly governments — and by the American public — that the Guantanamo Bay detention camp has profoundly damaged this nation’s credibility as a champion of justice and human rights.”

Posted at 1:25 PM by Howard Bashman

“Man Convicted in Incest Case Plans Appeal to Supreme Court”: The New York Times today contains an article that begins, “A man convicted of having sex with his 22-year-old stepdaughter is seeking to challenge Ohio’s incest law through an appeal to the United States Supreme Court.”

I wrote about the Ohio decision in the March 5, 2007 installment of my “On Appeal” column for headlined “‘Lawrence’ Fails to Open Floodgates to Unfettered Sexual Freedom.” In that essay, I wrote, “Some local news coverage of the Ohio ruling noted that the stepfather could still seek appellate review from the U.S. Supreme Court based on his argument that Lawrence v. Texas requires the invalidation of his conviction. But I would be very surprised if the U.S. Supreme Court saw any merit in that argument or was even interested in hearing this case on the merits.”

Posted at 1:20 PM by Howard Bashman