How Appealing



Wednesday, May 23, 2007

“Abortion Foes Criticize One of Their Own”: The Associated Press provides a report that begins, “Anti-abortion leaders are accusing one of their own, Focus on Family founder James Dobson, of misrepresenting a Supreme Court decision that upheld a ban on late-term abortions.”

Posted at 3:30 PM by Howard Bashman



“R.I. court to rule on same-sex marriage”: The Providence Journal today contains an article that begins, “Faced with the question of how a lower court should proceed with a divorce case, the state Supreme Court has agreed to hear arguments about whether a same-sex marriage performed in Massachusetts should be recognized in Rhode Island.”

Posted at 10:05 AM by Howard Bashman



“Lazar Incompetence Assertion Disavowed”: Today in The New York Sun, Josh Gerstein has an article that begins, “A psychologist who testified that a defendant was not competent to stand trial in a federal criminal case against a leading class action law firm now says that assertion was mistaken. Prosecutors have argued that a finding of incompetence on the part of the defendant, Seymour Lazar, 79, would mean that he would be automatically placed in the custody of the attorney general for hospital care, an outcome his lawyers seem eager to avoid.”

Posted at 9:00 AM by Howard Bashman



“Government shouldn’t judge morality for us”: Monday in The Miami Herald, columnist Leonard Pitts Jr. had an op-ed that begins, “Sherri Williams took sex toys to the Supreme Court last week. Again. The first time was in 2005, but justices declined to hear the case. Williams is hoping for better luck this time. Otherwise, a Valentine’s Day ruling by the 11th U.S. Circuit Court of Appeals will stand and a ban on the purchase of sex toys in Alabama — enacted in 1998 but not enforced pending the outcome of litigation — will go into effect.”

Posted at 8:54 AM by Howard Bashman



“The American Liberal Liberties Union: The ACLU is becoming very selective about what it considers ‘free’ speech.” Today in The Wall Street Journal, Wendy Kaminer has an op-ed (free access) in which she writes, “One of the clearest indications of a retreat from defending all speech regardless of content is the ACLU’s virtual silence in Harper v. Poway, an important federal case involving a high-school student’s right to wear a T-shirt condemning homosexuality.”

Posted at 8:47 AM by Howard Bashman



“Goodling: a Power player behind Justice’s scenes; The former Justice insider, a mystery to many, is set to testify under immunity in Congress on the U.S. attorneys’ firings.” This article appears today in The Los Angeles Times. In addition, David C. Iglesias has an op-ed entitled “‘Cowboy up,’ Alberto Gonzales; A fired U.S. attorney calls on the attorney general to serve the people, not politics.”

The Washington Post reports today that “Officials Describe Interference by Former Gonzales Aide.”

And The Atlanta Journal-Constitution today contains an editorial headlined “When blind loyalty transcends duty: Evidence of partisan fervor likely to reveal Gonzales and others were expected to follow suit.”

Former Justice Department White House Liaison Monica Goodling is scheduled to testify today before the House Judiciary Committee. The hearing will get underway at 10:15 a.m. eastern time, and the committee will provide a live webcast that you can access by clicking here (RealPlayer required).

Posted at 8:42 AM by Howard Bashman



“Guilty of Insufficient Overreaching”: Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, “Patrick Philbin is an unlikely victim of the war on terror. In fact, he’s one of its chief legal architects. Philbin’s conservative bona fides are unimpeachable. Law clerk for federal appeals judge Laurence Silberman, the ideological godfather of scores of conservative lawyers, then for Supreme Court Justice Clarence Thomas.”

Posted at 8:30 AM by Howard Bashman



“Court hears prayer issue”: The Associated Press provides a report that begins, “A federal appeals court in New Orleans is taking a second look at whether boards that run public school systems can open their meetings with a prayer, as Congress and state legislatures do — and whether the prayer can mention Christ.”

Posted at 7:45 AM by Howard Bashman



“Google Wins the Right to Display Thumbnails and to ‘Frame’ Copyrighted Material Used Without Permission: A Mostly Sensible Ruling by the Ninth Circuit Court of Appeals.” Michael C. Dorf has this essay online today at FindLaw.

Posted at 6:20 AM by Howard Bashman



Tuesday, May 22, 2007

“Senators accuse Gonzales of ‘stonewalling’ about wiretap program”: McClatchy Newspapers provide this report.

The Los Angeles Times reports today that “Bush defends Gonzales, calling attacks ‘pure political theater’; Senate Democrats press ahead on a vote of no-confidence in the attorney general over the firing of eight U.S. attorneys.”

And The Washington Post today contains articles headlined “President Stands by Gonzales” and “The Next Best Path: Warming to Limelight, Dismissed U.S. Attorney David Iglesias Forges a New Future.”

Posted at 11:24 PM by Howard Bashman



“Naked truth: Two Lancaster homeowners may have been embarrassed during a mistaken search by L.A. County sheriff’s deputies, but their 4th Amendment rights weren’t violated, the Supreme Court says.” This editorial appears today in The Los Angeles Times.

Posted at 11:20 PM by Howard Bashman



“Ruling Favors Poor Convicts; Court Expands Right To Counsel”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “The state Supreme Court has said that impoverished convicts have a right to counsel to determine whether they have a legitimate reason to claim their sentence was illegal and, if so, to represent them throughout any subsequent proceedings. In its unanimous ruling released Monday, the court further expanded its interpretation of a state law granting indigent defendants and convicts a court-appointed lawyer in ‘any criminal action.'”

You can access yesterday’s ruling of the Supreme Court of Connecticut at this link.

Posted at 11:04 PM by Howard Bashman



In reader mail: A reader emails, “The memorial service for Seventh Circuit Judge Thomas E. Fairchild was held today before the Seventh Circuit’s en banc rehearing of Pruitt v. Mote. It was a beautiful memorial for a true titan of the legal world, especially in this area of the country where he touched so many people. The tributes by former clerks, including the Honorable Reena Raggi and the Honorable Joan Lefkow, were particularly touching.”

Posted at 5:48 PM by Howard Bashman



“La. Supreme Court upholds death sentence for child rapist”: The Associated Press provides a report that begins, “Louisiana may execute a man convicted of raping an 8-year-old girl, the state Supreme Court said Tuesday — the first time it has upheld such a death sentence under a 1995 law allowing execution of child rapists.” The article goes on to report that “The U.S. Supreme Court has overturned a death sentence for a man convicted of raping an adult, but Tuesday’s opinion said it is not clear whether that ruling would apply to a child’s rape as well.”

You can access today’s ruling of the Supreme Court of Louisiana at this link.

Posted at 5:40 PM by Howard Bashman



In news from the U.S. Court of Appeals for Veterans Claims: If you’ve been clamoring for more coverage of this Article I federal appellate court, The Associated Press has granted your wish. Hope Yen reports that “Judge Warns of Disability Appeal Backlog.”

According to its web site, this court has “exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans’ Appeals,” an adjudicative body that proudly retains its apostrophe.

Posted at 4:27 PM by Howard Bashman



Arizona death penalty volunteer Robert Charles Comer achieves his wish: The Associated Press reports that “Ariz. Executes Inmate Who Fought Appeals.”

And today’s edition of The Arizona Republic reports that “Execution 1st in Ariz. in years; 112 inmates linger on state’s death row as cases wade through court system.”

My earlier coverage of the Ninth Circuit‘s rulings in this case appeared in posts titled “Death penalty volunteer complains about the Ninth Circuit’s delay in announcing its apparent refusal of the inmate’s request to dismiss his appeal, as does a dissenting judge on the three-judge panel“; “Death penalty volunteers not wanted, divided three-judge Ninth Circuit panel holds“; “U.S. Court of Appeals for the Ninth Circuit ends 2006 by granting rehearing en banc in four separate cases“; and “En banc Ninth Circuit holds that death row inmate can indeed ‘volunteer’ for death.”

And the September 18, 2006 installment of my “On Appeal” column for law.com was headlined “When Can an Inmate ‘Volunteer’ for Death? 9th Circuit rejects a competent inmate’s decision to abandon legal challenge to his capital sentence.”

Posted at 4:05 PM by Howard Bashman



Seventh Circuit Judge Daniel A. Manion announces intention to take senior status on confirmation of successor: That’s how I construe this listing of future vacancies from the U.S. Courts web site. The Seventh Circuit is, if I have my facts correct, one of only three U.S. Courts of Appeals that thus far has only one George W. Bush appointee. The U.S. Court of Appeals for the First Circuit and the U.S. Court of Appeals for the Eleventh Circuit are the others.

Posted at 3:52 PM by Howard Bashman



Perhaps you, too, have lost your ability to smell meth labs: The Charleston (W. Va.) Daily Mail yesterday published an article headlined “Officer sues cold remedy maker, saying he can’t smell meth labs anymore” that begins, “A deputy U.S. marshal based in Charleston is suing the makers of the popular cold remedy Zicam over his lost sense of smell, which he says has put him in danger of being unknowingly exposed to methamphetamine labs.”

Of course, this raises the question “What exactly do meth labs smell like?” (Via “Obscure Store“).

Posted at 1:54 PM by Howard Bashman



Federal Circuit‘s ruling that claims 1 through 3 of Pfizer’s patent for the high blood pressure drug Norvasc are invalid for obviousness fails to raise the blood pressure of the requisite number of that court’s judges needed to obtain rehearing en banc: Over the dissenting opinions of three judges, the Federal Circuit yesterday issued this order denying rehearing en banc in Pfizer, Inc. v. Apotex, Inc. The dissents contain an interesting discussion of whether the Federal Circuit should be more willing to grant rehearing en banc in patent-related appeals.

My earlier coverage of the three-judge panel’s ruling in this case can be accessed here.

Posted at 1:30 PM by Howard Bashman



Programming note: Today, I’ll be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania from a ruling reported on here.

Additional posts will appear this afternoon.

Update: This morning’s oral argument seemed to go quite well.

Posted at 6:32 AM by Howard Bashman



Monday, May 21, 2007

“Legal Victory for Families of Disabled Students”: Linda Greenhouse will have this article Tuesday in The New York Times.

Tuesday in The Washington Post, Robert Barnes will report that “Parents of Disabled Child Win Ruling; High Court Says They Don’t Need Lawyer to Sue Over Special-Ed Needs.”

Tuesday in USA Today, Joan Biskupic will report that “Parents of disabled kids can represent selves in court; Justices broaden right to challenge school plans.”

And Michael Doyle of McClatchy Newspapers reports that “Supreme Court hands victory to parents of disabled children.”

Posted at 11:28 PM by Howard Bashman