How Appealing



Monday, March 19, 2007

“Bong Hits 4 SCOTUS Oral Argument Transcripts”: The U.S. Supreme Court has now posted online today’s oral argument transcripts.

The transcript of today’s oral argument in Morse v. Frederick, No. 06-278 — also known as the “Bong Hits 4 Jesus” case — can be accessed here.

And the transcript of today’s oral argument in Wilkie v. Robbins, No. 06-219 — also known as not the “Bong Hits 4 Jesus” case — can be accessed here.

Posted at 4:42 PM by Howard Bashman



“Time to Rethink the FBI”: Seventh Circuit Judge Richard A. Posner has this op-ed (pass-through link) today in The Wall Street Journal.

(N.B.: For the past week or so, these WSJ.com pass-through links have for me opened in an Internet Explorer web browser page that contains lots of error messages. Using a Netscape browser, however, these error messages remain toward the top of the page, while the entire text of the op-ed remains unobscured toward the bottom of the page.)

Posted at 3:28 PM by Howard Bashman



Today’s ruling of the U.S. Court of Appeals for the Third Circuit in El v. SEPTA: Philadelphia natives may be saddened to learn that this lawsuit, despite its name, does not consist of Market-Frankford El (cute logo here) suing the rest of SEPTA.

Rather, El is the last name of plaintiff Douglas El, who has filed suit under Title VII of the Civil Rights Act of 1964 claiming that SEPTA “unnecessarily disqualifies applicants because of prior criminal convictions–a policy that he argues has a disparate impact on minority applicants because they are more likely than white applicants to have convictions on their records.” Today’s Third Circuit ruling affirms the entry of summary judgment in favor of SEPTA.

Posted at 3:18 PM by Howard Bashman



“Smearing the U.S. attorneys: New details show the Bush administration’s ‘document dump’ gives a misleading rationale for the firing of two U.S. attorneys.” Mark Follman has this essay today at Salon.com.

Posted at 2:35 PM by Howard Bashman



“High court asks Bush admin. view on tamoxifen case”: Reuters provides a report that begins, “The U.S. Supreme Court asked the Bush administration on Monday to give its opinion on whether the court should review a case challenging patent settlements between major drugmakers and their generic rivals.”

Posted at 2:30 PM by Howard Bashman



“We now hold … that a public official may appeal from an order conclusively denying a motion (based on qualified immunity) seeking summary judgment, whether or not the official has appealed from an order denying a motion to dismiss the complaint, and whether or not the motion for summary judgment rests on new legal or factual arguments.” Here’s even one more reason to admire the U.S. Court of Appeals for the Seventh Circuit — if the court doesn’t initially reach the correct result, it remains willing to do so on reconsideration.

Back on December 20, 2006, I had a post titled “Chief Judge Easterbrook versus Circuit Judge Posner” commenting on a decision issued that day in which Easterbrook had written the majority opinion and Posner had written a dissent. At the conclusion of my post, I wrote that “I think I agree with Judge Posner’s dissent.”

Today, the very same three-judge Seventh Circuit panel issued a unanimous decision on panel rehearing in which the court reaches the holding quoted in the above bolded title of this post, which is essentially the position for which Judge Posner argued in his earlier dissent.

Posted at 12:15 PM by Howard Bashman



“Schumer Faulted on Probe; GOP Solons See Conflict on Attorneys”: This article appears today in The New York Sun.

The Associated Press reports that “White House Hopes Gonzales Will Stay On.”

At her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg (who spent this weekend in Philadelphia in connection with this National Constitution Center event) has a post titled “A ‘pink-slip’ slip-up.”

And today in The Examiner of Washington, DC, George W. Liebmann has an op-ed entitled “Authority for authority’s sake.”

Posted at 11:28 AM by Howard Bashman



“Detainee Confesses to USS Cole Bombing”: The AP provides a report that begins, “A Pentagon transcript says Waleed Mohammed Bin Attash, a suspected mastermind of the bombing of the USS Cole, has confessed during a military hearing at Guantanamo Bay, Cuba.”

Update: The Pentagon has posted the transcript online at this link.

Posted at 10:55 AM by Howard Bashman



Unusual entry on today’s U.S. Supreme Court Order List: In the case captioned Credit Suisse Securities (USA) LLC v. Billing, No. 05–1157, the Court entered the following order today:

Having been advised by Justice Kennedy that he now realizes that he should have recused himself from participation in this case, and does now recuse himself, the Court vacates its order of Thursday, December 7, 2006. The Court has reconsidered the petition for certiorari, and the petition is granted. The Chief Justice and Justice Kennedy have not participated in the vote to withdraw the order of December 7, 2006, or in the instant reconsideration of the petition for certiorari.

The order of December 7, 2006, which today’s order vacates, likewise granted certiorari. The December 7, 2006 order stated:

The motion of NYSE Group, Inc. for leave to file a brief as amicus curiae is granted. The motion of National Association of Securities Dealers, Inc. for leave to file a brief as amicus curiae is granted. The motion of Securities Industry Association, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is granted. The Chief Justice took no part in the consideration or decision of these motions and this petition.

Presumably, because a total of seven Justices took part in the recent reconsideration, only three votes were necessary to grant review. The case remains scheduled for oral argument on March 27, 2007. Here’s hoping that the parties did not obsess over trying to win Justice Kennedy’s sometimes crucial swing vote in their merits briefing.

Posted at 10:25 AM by Howard Bashman



“State of the Second Amendment: Does It Apply in the District of Columbia?” By clicking here, you can access this week’s installment of my “On Appeal” column for law.com.

Posted at 8:24 AM by Howard Bashman



“Judges and their donors”: Today’s edition of The Chicago Tribune contains an editorial that begins, “Illinois has become a pioneer in state judicial races, but not in a wonderful way.”

Posted at 8:17 AM by Howard Bashman



“Official Alerted F.B.I. to Rules Abuse 2 Years Ago, Lawyer Says”: The New York Times today contains an article that begins, “Almost two years before the Federal Bureau of Investigation publicly admitted this month that it had ignored its own rules when demanding telephone and financial records about private citizens, a top official in that program warned the bureau about widespread lapses, his lawyer said on Sunday.”

Posted at 8:13 AM by Howard Bashman



“Democrats turn up heat on firing of U.S. attorney; They allege Carol Lam was ousted in San Diego because she was investigating Republican politicians in Southern California”: This article appears today in The Los Angeles Times.

The Washington Times reports today that “Leahy vows to subpoena Rove, Miers.” And Donna Brazile has an op-ed entitled “Restore spirit of Justice.”

The Washington Post contains an editorial entitled “Help Wanted: What’s needed in the next attorney general.”

In The New York Times, Adam Cohen has an Editorial Observer column headlined “It Wasn’t Just a Bad Idea. It May Have Been Against the Law.

And in The Atlanta Journal-Constitution, Jay Bookman has an op-ed entitled “Gonzales’ lies give justice a dirty name.”

Posted at 8:10 AM by Howard Bashman



“Antitrust law losing its teeth — The Supreme Court has relaxed rules against price fixing; Coming up: a big case for retailers.” David G. Savage has this article today in The Los Angeles Times.

Posted at 8:04 AM by Howard Bashman



“Trash Talk: Some lawyers-to-be should exercise their right to remain silent.” Today in The Wall Street Journal, Elizabeth Wurtzel has an op-ed (free access) that begins, “It’s hard out there for a law student. All the stuff to stumble through on the way to that J.D.: torts, property, contracts, evidence, civil procedure, AutoAdmit. That last item is a new development: a Web site of postings for law schools prestigious and otherwise, where students blab about whatever. An awful lot of it is about other students, most of it mean-spirited.”

Posted at 7:44 AM by Howard Bashman



“As issues evolve, Supreme Court holds to tradition; Atmosphere is one of ritual, history and strict formality”: Joan Biskupic has this article today in USA Today.

Posted at 7:38 AM by Howard Bashman



“An Historical Perspective on the Controversy over U.S. Attorney Firings: In Making Its Inquiry, Congress Must Not Ignore That the Power to Remove is an Incident of the Power to Appoint – And Both are Necessary for the Proper Enforcement of Law.” Douglas W. Kmiec has this essay online today at FindLaw.

Posted at 6:44 AM by Howard Bashman



“Gun Shy: Let’s stop interpreting the Second Amendment and just abolish it.” Benjamin Wittes has this essay online today at The New Republic.

Posted at 12:24 AM by Howard Bashman



Sunday, March 18, 2007