How Appealing

Tuesday, May 29, 2007

“Maraman tapped for high court”: Wednesday’s edition of The Pacific Daily News of Guam contains an article that begins, “Superior Court of Guam Judge Katherine Maraman yesterday was nominated to the Supreme Court of Guam, to fill the seat vacated by former Associate Justice Frances Tydingco-Gatewood.”

Posted at 11:45 PM by Howard Bashman

“Back to the States: The road ahead on partial-birth abortion.” Edward Whelan has this essay today at National Review Online.

Posted at 11:05 PM by Howard Bashman

“Let federal judges use judgment in sentencing; Sioux City case highlights iron-fisted rules”: This editorial appears today in The Des Moines Register.

Posted at 10:30 PM by Howard Bashman

U.S. Court of Appeals for the D.C. Circuit rejects argument that the Deficit Reduction Act of 2005 is invalid because the bill that was presented to the President did not first pass both chambers of Congress in the exact same form: You can access today’s ruling at this link.

Public Citizen’s lawsuit had claimed that “the statute’s enactment did not comport with the bicameral passage requirement of Article I, Section 7 of the Constitution, because the version of the legislation that was presented to the House contained a clerk’s error with respect to one term, so the House and Senate voted on slightly different versions of the bill and the President signed the version passed by the Senate.”

Posted at 10:20 PM by Howard Bashman

“Justices Limit Discrimination Suits Over Pay”: Linda Greenhouse of The New York Times provides this news update.

Robert Barnes of The Washington Post provides a news update headlined “Supreme Court Limits Pay Discrimination Suits; Justices Back 180-Day Deadline for Claims.”

David G. Savage of The Los Angeles Times provides a news update headlined “High court narrows rules for claims of unfair pay.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court restricts time limits on filing discrimination complaints.”

Patti Waldmeir of Financial Times reports that “US court backs limit on equal-pay suits.”’s Tony Mauro reports that “Supreme Court Limits Time Frame for Filing EEOC Claims.”

Mark Sherman of The Associated Press reports that “Court Limits Lawsuits for Pay Bias.”

James Vicini of Reuters provides a report headlined “Pay bias cases face 6-month limits: Supreme Court.”

Greg Stohr of Bloomberg News reports that “Worker Job-Bias Claims Limited by U.S. Supreme Court.”

MarketWatch reports that “Supreme Court rules 5-4 for Goodyear in pay lawsuit.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “High Court Limits Discrimination Cases” (RealPlayer required).

And today’s broadcast of NPR’s “Day to Day” contained an audio segment entitled “High Court Rules on Discrimination Case” (RealPlayer required) featuring Dahlia Lithwick.

In today’s U.S. Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074, Justice Samuel A. Alito, Jr. issued the majority opinion, in which the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined.

Posted at 9:03 PM by Howard Bashman

Programming note: One week from today, the Superior Court of Pennsylvania will hear oral argument in the In re Mary and Emanuel Rosenfeld Foundation Trust appeal, a quite interesting case involving the imposition of a surcharge against trustees of a charitable trust for failure to diversify the trust’s holdings from the assets used to create the trust. As co-counsel for appellants in that case, today I’m engaging in oral argument preparations away from my office.

You can access online both the Brief for Appellants and the decision that is the subject of the appeal.

Additional posts will appear online here later today. For timely coverage of today’s U.S. Supreme Court opinions and orders, I recommend visiting “SCOTUSblog.”

Posted at 8:22 AM by Howard Bashman

“Can What You’re Reading Prove Intent to Commit a Crime?” Today’s installment of my “On Appeal” essay for can be accessed here.

Posted at 7:25 AM by Howard Bashman

“Where’s the beef?” Today in The Washington Times, David B. Rivkin Jr. and Lee A. Casey have an op-ed that begins, “It is obvious by now that the U.S. Attorney ‘scandal’ is no scandal at all.”

Posted at 6:44 AM by Howard Bashman

“Say no to home wreckers: Since a Supreme Court case ruled against homeowners in 2005, protections against eminent domain abuse are making their way to the ballot.” This editorial appears today in The Los Angeles Times.

Posted at 6:30 AM by Howard Bashman

“SEC’s Allegiances Are Put to Test: In Enron Case, Agency Is Under Pressure to Side With Investors and Allies.” The Wall Street Journal today contains an article (free access) that begins, “When the Securities and Exchange Commission files a brief in legal disputes, it is usually a nonevent. But the cases usually don’t involve Enron Corp.”

Posted at 6:14 AM by Howard Bashman