How Appealing



Monday, March 5, 2007

Commentary in today’s issue of Legal Times: The newspaper contains a debate over Hein v. Freedom From Religion Foundation, in which the U.S. Supreme Court is weighing the fate of a particular type of taxpayer challenge under the establishment clause. John W. Whitehead argues “Yes, They Have Standing to Sue,” while Law Professor Douglas W. Kmiec argues “No, They Don’t Have Standing to Sue.”

In addition, William L. Taylor has an essay entitled “Words Tainted by Ugly History: Justice Scalia’s continued use of the phrase ‘mixed blood’ aggravates old wounds.”

Posted at 2:45 PM by Howard Bashman



U.S. Supreme Court vacates Ninth Circuit‘s ruling in anti-gay T-shirt case known as Harper v. Poway: The blog “Constitutionally Correct” notes this development appearing on page one of today’s Order List.

My earlier coverage of the Ninth Circuit’s ruling can be accessed here. My coverage of the Ninth Circuit’s denial of rehearing en banc can be accessed here. And, even more recently, you can access my post from January 2007 titled “Harper v. Poway to go away? Federal district court dismisses anti-gay T-shirt case.”

Posted at 10:50 AM by Howard Bashman



“Ex-WorldCom Chief’s Appeal Denied”: The Associated Press provides a report that begins, “The Supreme Court turned down an appeal Monday from former WorldCom chief Bernard Ebbers, who is serving a 25-year prison sentence for fraud and conspiracy.”

And The AP is also reporting that “Court Denies Colo. Redistricting Challenge.”

Posted at 10:30 AM by Howard Bashman



Access online today’s U.S. Supreme Court ruling in Sinochem Int’l Co. v. Malaysia Int’l Shipping Corp., No. 06-102: The Court has posted the opinion at this link. Justice Ruth Bader Ginsburg delivered the opinion on behalf of a unanimous Court.

The Court today also issued a unanimous per curiam decision in Lance v. Coffman, No. 06-641, an election law case on direct appeal from the U.S. District Court for the District of Colorado.The Court has posted the ruling at this link.

Posted at 10:20 AM by Howard Bashman



“‘Lawrence’ Fails to Open Floodgates to Unfettered Sexual Freedom”: Today’s installment of my “On Appeal” essay for law.com can be accessed here and also here.

Posted at 9:38 AM by Howard Bashman



Decisions forthcoming today from the Supreme Court of California: California’s highest court today is expected to issue two decisions of potential interest.

The first case raises the following issues: “May tax-exempt bond financing be provided to pervasively sectarian schools when the financing covenants provide that the financed facilities will not be used for any sectarian purpose, or is the provision of such financing to such entities barred by article XVI, section 5 of the California Constitution or the Establishment Clause of the First Amendment to the United States Constitution?”

And the second case raises the following issues: “(1) Did defendant forfeit his Confrontation Clause claim regarding admission of the victim’s prior statements concerning an incident of domestic violence under the doctrine of ‘forfeiture by wrongdoing’ because defendant killed the victim, thus rendering her unavailable to testify at trial? (2) Does the ‘forfeiture by wrongdoing’ doctrine apply where the alleged ‘wrongdoing’ is the same as the offense for which defendant is on trial?”

According to this notice of today’s forthcoming decisions, the rulings should be posted online at 1 p.m. eastern time.

Posted at 8:27 AM by Howard Bashman



This week’s installment of Tony Mauro’s Courtside column: Tony’s column this week focuses on the recent relocation of the Wilson-Epes Printing Co. and also on the recent successes of law school U.S. Supreme Court clinics.

Posted at 8:23 AM by Howard Bashman



“Judging prosecutors”: The Chicago Tribune today contains an editorial that begins, “Is the Bush administration carrying out a political purge in the offices of U.S. attorneys?”

Posted at 8:20 AM by Howard Bashman



“Judges don’t do justice to California’s diversity: The governor’s judicial appointments may be as diverse as they can be, but not as diverse as they should be.” This editorial appears today in The Los Angeles Times.

Posted at 8:15 AM by Howard Bashman



“For professional marshals”: The Boston Globe today contains an editorial that begins, “Most arms of government have made impressive efforts since 9/11 to improve the security of vulnerable targets. One glaring exception is protection of the federal courts, which has rested in the hands of regional US marshals whose appointments have been treated as political plums.”

My earlier, related coverage appears here.

Posted at 8:04 AM by Howard Bashman



“Terror Case Prosecutor Assails Defense Lawyer”: From Australia, The New York Times today contains an article that begins, “The chief prosecutor for the American military commissions that will try suspected terrorists being held at Guantanamo Bay, Cuba, has lashed out at the military lawyer for one of the detainees, a newspaper here reported in its weekend edition.”

Posted at 7:52 AM by Howard Bashman



“We Eat Horses, Don’t We?” Today in The New York Times, Christa Weil has an op-ed in which she writes, “Until the late 1970s, the Harvard Faculty Club served horse steaks as a regular menu item.”

Posted at 7:45 AM by Howard Bashman



“Risking Testy Justices and Faulty Justice”: Today in The New York Times, Adam Liptak‘s “Sidebar” column (TimesSelect temporary pass-through link) begins, “What the Supreme Court says, goes. Usually. But in a defiant decision two weeks ago, a federal appeals court in Washington conceded that it was ignoring parts of a 2004 Supreme Court decision on the rights of the men held at Guantanamo Bay, Cuba. That can make the Supreme Court testy, and it may help the detainees. Their lawyers plan to ask the court today to hear the case.”

Posted at 6:40 AM by Howard Bashman



“The Ruling on Jose Padilla’s Competence to Stand Trial: The Judge May Have Been Right, But Legal and Moral Questions Persist.” Elaine Cassel has this essay online today at FindLaw.

Posted at 6:35 AM by Howard Bashman



Sunday, March 4, 2007

“‘Bong Hits 4 Jesus’ goes to the Supreme Court; Teen suspended for banner gets his day in nation’s highest court”: This article appears today in The Anchorage Daily News.

Posted at 11:44 PM by Howard Bashman



“Zarella says high court isn’t dysfunctional”: From Connecticut, The Associated Press provides a report that begins, “The man whose nomination as chief justice of the state Supreme Court was derailed last year discounted speculation by state lawmakers Friday that the state’s highest court is dysfunctional, with justices battling one another.”

Posted at 11:42 PM by Howard Bashman



“Senator Sought Dismissal of New Mexico Prosecutor”: The New York Times on Monday will contain an article that begins, “Senator Pete V. Domenici, Republican of New Mexico, said Sunday that he had urged the Justice Department to dismiss the state’s top federal prosecutor, who in December was one of eight United States attorneys ousted from their jobs.”

The Washington Post on Monday will contain a front page article headlined “Domenici Says He Contacted Prosecutor.”

And McClatchy Newspapers report that “Senator apologizes for calling U.S. attorney about federal probe.”

Posted at 9:58 PM by Howard Bashman



“The Case of the Missing Movie: The government made a secret video of its interrogations of ‘enemy combatant’ Jose Padilla; But now that he’s on trial, the Feds claim they don’t know where it went.” Michael Isikoff and Mark Hosenball have this web exclusive online at Newsweek.

Posted at 9:54 PM by Howard Bashman



“Dig deep into death penalty: Nichols trial zooms in on risky and costly statute; it’s time for Georgia to take a look.” The Atlanta Journal-Constitution today contains an editorial that begins, “So far, the costs associated with defending Brian Nichols — charged with murdering four people in a crime rampage that began at the Fulton County Courthouse on March 11, 2005 — have surpassed $1.2 million. And the trial hasn’t even started yet.”

Posted at 10:18 AM by Howard Bashman



“Habeas corpus: It’s not just a Latin phrase; It’s at the core of who we are — or should be in a nation governed by law, not whim.” Columnist Robyn E. Blumner has this op-ed today in The St. Petersburg Times.

Posted at 10:08 AM by Howard Bashman



“A call for separation of school and state”: Today in The Boston Globe, columnist Jeff Jacoby has an op-ed that begins, “Whatever else might be said about it, US District Judge Mark Wolf’s decision in Parker v. Hurley is a model of clear English prose.”

My earlier coverage appears at this link.

Posted at 10:05 AM by Howard Bashman