How Appealing



Tuesday, July 31, 2007

“Uncertainty Now in a Golden Youth’s Trajectory”: In Wednesday’s edition of The New York Times, Linda Greenhouse will have an article that begins, “No matter what his doctors eventually tell John G. Roberts Jr., or the world, about the diagnosis and outlook for his seizure disorder, it is clear that something changed irrevocably following the 52-year-old chief justice’s momentary loss of consciousness on a vacation island dock on Monday afternoon. He lost his privacy, and with it the aura of invincibility that came with his youthful good looks and spectacular career path.”

In addition, Denise Grady and Lawrence K. Altman will have an article headlined “After Seizure, Roberts Faces Hard Decision.”

Posted at 11:25 PM by Howard Bashman



Pawtucket Red Sox 5, Columbus Clippers 4 (10 innings): Doug Berman of the “Sentencing Law and Policy” blog and I had the pleasure of watching Curt Schilling of the Boston Red Sox pitch seven scoreless innings tonight in what is expected to be Schilling’s final minor league appearance before returning to the big leagues.

Although the home team managed four hits off of Schilling, it was not until the bullpen of the PawSox took over that the Clippers managed to tie the game, plating four runs in the bottom of the eighth. But Columbus, despite having chances, failed to score the go-ahead run in that half inning, and the PawSox took the lead and earned the victory in the 10th inning. Schilling, despite the strong outing, received a no-decision.

You can access the box score at this link, while a wrap is available here. And The Associated Press reports that “Schilling strong in 3rd rehab start.”

Update: MLB.com reports that “Schilling says he’s ready to go; After strong rehab start, veteran could rejoin Red Sox’s rotation.” The Boston Globe reports that “Schilling right on target; Final rehab start silences doubts.” The Providence (R.I.) Journal reports that “Schilling shines in Columbus, makes his way back to Boston.” And Wednesday in The Columbus (Ohio) Dispatch, an article reports that “Schilling shuts down Clippers,” while Bob Hunter has an essay entitled “Seeing Schilling pitch creates lasting memory.”

Posted at 10:40 PM by Howard Bashman



“Chief Justice Released From Hospital; Roberts to Continue Vacation Following Seizure”: Robert Barnes and Michael D. Shear of The Washington Post provide this news update.

Posted at 5:15 PM by Howard Bashman



“How a Patent Ruling Is Changing Court Cases”: Today in The Wall Street Journal, Peter Lattman has an article that begins, “Three months after the Supreme Court handed down what many called a landmark patent decision, judges have begun to rule in favor of companies defending themselves against infringement lawsuits — in one case dismissing a suit and in another ordering a review.”

Posted at 5:12 PM by Howard Bashman



“11th Circuit asked to toss teen’s suspension for ‘disturbing’ story”: In May 2007, The Associated Press published a report that begins, “Less than two weeks after the deadliest shootings in modern U.S. history, members of a federal appeals court had skeptical questions in the case of a student who was suspended for a story she wrote about shooting and killing her math teacher.” And in even earlier coverage from The AP, “Student disciplined over journal entry files lawsuit” and “Federal court dismisses lawsuit by student punished for story.”

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a decision affirming the federal district court’s dismissal of the lawsuit.

Additional background about the case is available from CNN.com here, here, and here. The Smoking Gun has posted at this link the journal entry at issue.

Posted at 5:04 PM by Howard Bashman



Programming note: I’m traveling to Columbus, Ohio this afternoon, where tomorrow I’ll be playing the role of the proverbial “law blogger to be named later” in a panel discussion at the 16th Annual Meeting of the Conference of Court Public Information Officers.

This evening in Columbus, a certain sentencing law blogger and I will be attending a AAA minor league baseball game between the Columbus Clippers and the Pawtucket Red Sox. As luck would have it, I obtained fourth-row seats midway between home plate and first base before it was announced that Boston Red Sox pitcher Curt Schilling would be making his final rehab appearance in the minors this evening for the PawSox. As The Columbus Dispatch reports in an article published today, “Baseball will replace mystery meat as the main attraction tonight in Cooper Stadium with Curt Schilling pitching for Pawtucket.” I’m bringing my camera and will post some photos from the game after I return home tomorrow night.

Posted at 11:28 AM by Howard Bashman



“Roberts Tells Bush He’s OK After Seizure”: The Associated Press provides a report that begins, “Chief Justice John Roberts told President Bush Tuesday he was doing well after sustaining a seizure at his Maine vacation home, the White House said.”

Posted at 10:50 AM by Howard Bashman



“Appeals court sustains Johnson death sentence”: The Globe Gazette of Mason City, Iowa today contains an article that begins, “The 8th Circuit Court of Appeals on Monday affirmed the conviction and death penalty sentence of Angela Johnson, ruling on her first appeal.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 8:37 AM by Howard Bashman



“Short of Perjury”: Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, “I find myself in an unaccustomed and unexpected position: defending Attorney General Alberto Gonzales.”

Posted at 8:33 AM by Howard Bashman



“Enron Plaintiffs Get More Support; Legislators Join Bid On Investors’ Rights”: The Washington Post today contains an article that begins, “Two key Democratic lawmakers yesterday became the latest federal officials seeking to intervene in a Supreme Court case that could determine whether investors in Enron and other fraud-ridden companies can recover money from third parties.”

Posted at 8:30 AM by Howard Bashman



“House bill to lift limits on pay lawsuits; The legislation, expected to pass Tuesday, would override a high court ruling on a law requiring workers to file discrimination claims in 180 days”: This article appears today in The Los Angeles Times.

Posted at 7:55 AM by Howard Bashman



Monday, July 30, 2007

“Complaints filed against Supreme Court justice; Judge accepted illegal discount on his legal bill, group says”: The Austin American-Statesman last week published an article that begins, “An advocacy group has filed three complaints against Texas Supreme Court Justice Nathan Hecht, alleging that he broke the law when he accepted a $100,000 discount on legal bills. Texas Watch filed the complaints Tuesday with the Travis County district attorney’s office, the State Commission on Judicial Conduct and the Texas Ethics Commission. The nonprofit advocacy group for consumers said Hecht received a discount of up to 25 percent on legal expenses for his appeal of an ethics rebuke. The State Commission on Judicial Conduct reprimanded Hecht for his support of friend Harriet Miers’ 2005 nomination to the U.S. Supreme Court, alleging that he improperly used his official position to promote Miers. However, a special review court tossed out the sanction.”

The Houston Chronicle reported last week that “Texas high court justice under review for attorney discount.”

The Fort Worth Star-Telegram reported last week that “Complaint filed against state court justice.”

The Daily Texan reported last week that “Hecht faces complaints on legal fees.”

And Texas Lawyer reports that “Complaints Filed Over Discounted Fees for Texas Justice Caught in Miers Nomination Flap.”

Posted at 11:44 PM by Howard Bashman



“Chief Justice Roberts Suffers Seizure”: The Associated Press provides a report that begins, “Chief Justice John Roberts suffered a seizure at his summer home in Maine on Monday, causing a fall that resulted in minor scrapes, Supreme Court spokeswoman Kathy Arberg said. He will remain in a hospital in Maine overnight.”

The Washington Post provides a news update headlined “Supreme Court Chief Suffers a Seizure.”

The Courier-Gazette of Rockland, Maine provides a news update headlined “Chief Justice Roberts to spend night at hospital.”

CNN.com reports that “Chief justice tumbles after seizure.”

Bloomberg News reports that “Chief Justice Roberts Falls After Seizure, Court Says.”

Reuters reports that “Chief Justice Roberts suffers seizure, fall.”

And in this post at “SCOTUSblog,” you can access the U.S. Supreme Court‘s official statement issued this evening.

Posted at 7:28 PM by Howard Bashman



“Chief Justice Roberts hospitalized; He was at his vacation home in Maine when he fell, court says”: NBC News provides this breaking news.

At “SCOTUSblog,” Lyle Denniston has a post that begins, “Chief Justice John G. Roberts, Jr., fell at his vacation home in Maine at mid-afternoon, and was taken to a hospital in the area ‘as a precaution,’ the Supreme Court disclosed Monday. There were no immediate details on whether he was injured, or how severely, or about the circumstances of his fall, according to Kathleen L. Arberg, the Court’s public information officer.”

The Associated Press reports that “Supreme Court Chief Taken to Hospital.”

Bill Mears and Jean Meserve of CNN report that “Chief Justice tumbles at Maine summer home.” Additionally, Jeffrey Toobin, reporting on CNN television, stated at 3:50 p.m. eastern time that the fall occurred around 2 p.m. eastern time this afternoon.

Bloomberg News reports that “Chief Justice John Roberts Hospitalized After Fall .”

And Reuters reports that “Chief Justice Roberts taken to hospital.”

Posted at 3:22 PM by Howard Bashman



Unanimous three-judge Eighth Circuit panel rejects Angela Johnson’s efforts to overturn the federal death sentence imposed against her: According to Wikipedia, Johnson is “the first woman sentenced to die by a federal court in over 50 years.” Today’s decision was not a total loss for Johnson, in that she appears to have achieved the vacation of four death sentences and one sentence of life imprisonment. Unfortunately for her, she began the appeal facing eight death sentences and two sentences of life imprisonment, meaning that she still faces four death sentences and one sentence of life imprisonment.

Extensive coverage of the underlying trial is available online via this link from The Globe Gazette of Mason City, Iowa.

Posted at 11:54 AM by Howard Bashman



“Gun control goes to court? The Supreme Court may takes its first 2nd Amendment case in more than 60 years.” This editorial appears today in The Los Angeles Times.

Posted at 8:30 AM by Howard Bashman



“Appeals jurist takes senior status; Widener’s departure brings 4th Circuit vacancies to five”: This article appears today in The Richmond Times-Dispatch.

The newspaper also contains a related editorial entitled “Vacancies.”

Posted at 8:02 AM by Howard Bashman



“Solicitor faced with crucial decision but few guidelines”: Today’s issue of USA Today contains an article that begins, “Any decision to appoint a special prosecutor to investigate Attorney General Alberto Gonzales for allegedly lying to Congress rests with his subordinate, Solicitor General Paul Clement, who has few rules to guide him.”

And at her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg has a post titled “Clement and His Options.”

Posted at 7:52 AM by Howard Bashman



“Judging the Judges”: The New York Sun today contains an editorial that begins, “It is no small thing that a federal judge had to tell the state’s presiding administrative judges that they flubbed the First Amendment when drafting new rules about attorney advertising in the State of New York.”

Posted at 7:50 AM by Howard Bashman



“Solons Aim To Reverse Ruling Curbing Asylum for Chinese”: Today in The New York Sun, Joseph Goldstein has an article that begins, “Congress, led by members of New York’s delegation, is considering whether to ease the granting of political asylum to those affected by China’s forcible sterilization and abortion policies.”

Posted at 7:48 AM by Howard Bashman



“After Flawed Executions, States Resort to Secrecy”: You can access at this link (TimesSelect temporary pass-through link) today’s installment of Adam Liptak‘s “Sidebar” column.

Posted at 7:44 AM by Howard Bashman