How Appealing



Thursday, July 5, 2007

“Justice Thomas carries the day: The only African-American on the Supreme Court is often a quiet presence on the bench; Yet as evidenced in the court’s ruling on desegregation last week, his conservative voice on civil rights issues is loud and unmistakable.” Tony Mauro has this op-ed today in USA Today.

Posted at 6:45 AM by Howard Bashman



“President Bush’s Decision to Commute Scooter Libby’s Sentence: Why It’s Indefensible, Even if One Agrees with Republican Critiques of the Sentence.” Edward Lazarus has this essay online today at FindLaw.

Posted at 6:40 AM by Howard Bashman



Wednesday, July 4, 2007

“Bush Says He’s Not Ruling Out Pardon for Libby; President Defends Commutation of Prison Sentence”: Amy Goldstein and Robert Barnes have this article today in The Washington Post. In addition, columnist Robert D. Novak has an op-ed entitled “Arm’s-Length Leniency.” And Dana Milbank’s “Washington Sketch” column is headlined “Through the Looking Glass, Darkly.”

The New York Times reports today that “Bush Is Said to Have Held Long Debate on Decision.”

The Boston Globe reports that “Bush not ruling out a pardon for Libby; Defends ‘very difficult’ commutation decision.”

The Los Angeles Times contains an editorial entitled “Lucky Libby: Martha Stewart, even Paris Hilton, served time. But there’s the rule of law — and the rules of Bush.”

The St. Petersburg Times contains an editorial entitled “Weakened president’s defiant ‘compromise.’

And in The Atlanta Journal-Constitution, columnist Cynthia Tucker has an op-ed entitled “If Libby were lowly, he’d be doing time.”

Posted at 10:57 PM by Howard Bashman



“Revised lethal injection plan assailed; Lawyers for death row inmate Michael Morales say a revised protocol for executing convicts is ‘even more ill-conceived’ than previous versions”: Henry Weinstein has this article today in The Los Angeles Times.

Posted at 10:35 PM by Howard Bashman



“ACLU files lawsuit to remove Jesus icon; First Amendment cited in Slidell dispute”: The Times-Picayune of New Orleans today contains an article that begins, “A portrait of Jesus Christ that hangs in the lobby of Slidell City Court violates the First Amendment to the U.S. Constitution and its mandate calling for the separation of church and state, according to a federal lawsuit filed Tuesday by the Louisiana ACLU.”

Posted at 8:34 PM by Howard Bashman



“Law’s creator wants Wilson freed; Argue to high court: Ex-legislator to join fight for Douglas County man.” Today’s edition of The Atlanta Journal-Constitution contains an article that begins, “An author of the law that resulted in a teenager getting a 10-year prison sentence for a consensual sex act said Tuesday he is joining the legal fight to free the teen.”

And a related news update is headlined “Sharpton joins efforts to free Genarlow Wilson.”

Posted at 8:25 PM by Howard Bashman



“Another era of willful white ignorance”: Today in The Boston Globe, columnist Derrick Z. Jackson has an op-ed that begins, “On this day of red, white, and blue, opportunity is black and blue. By throwing out the voluntary desegregation plans of Seattle and Louisville, the Reagan-Bush wing of the Supreme Court officially ended a second Reconstruction.”

Posted at 8:15 PM by Howard Bashman



“Unfree Speech”: Today in The Washington Post, columnist Robert J. Samuelson has an op-ed that begins, “The Fourth of July is an apt moment to reflect on one of the great underreported stories of our time: the rise of speech regulation.”

Posted at 5:20 PM by Howard Bashman



“Scientist Presses Case For Reporters’ Sources; Plaintiff Was Called ‘Person of Interest'”: The Washington Post today contains an article that begins, “Lawyers for former Army scientist Steven J. Hatfill urged a judge yesterday to order several journalists to disclose the names of law enforcement sources who leaked details of the investigation of Hatfill in the 2001 anthrax attacks.”

Posted at 5:10 PM by Howard Bashman



“The 2008 Election and the Supreme Court”: Columnist Robin Toner has this essay online today at the web site of The New York Times.

Posted at 4:44 PM by Howard Bashman



“Libby’s sentence not unusually long; Though Bush calls the 30-month prison term ‘excessive,’ records show defendants convicted of similar crimes served jail time”: Richard B. Schmitt and David G. Savage have this article today in The Los Angeles Times.

Posted at 10:00 AM by Howard Bashman



Tuesday, July 3, 2007

In Wednesday’s issue of The New York Times: Adam Liptak will have an article headlined “Bush Rationale on Libby Stirs Legal Debate” that begins, “In commuting I. Lewis Libby Jr.’s 30-month prison sentence on Monday, President Bush drew on the same array of arguments about the federal sentencing system often made by defense lawyers — and routinely and strenuously opposed by his own Justice Department.”

And Neil A. Lewis will have an article headlined “2 Senators Accuse Judge of Misleading Committee” that begins, “Senate Democrats have complained that a federal appeals court judge may have misled them at his confirmation hearings when he said he had no role in formulating detention policy when he was an official in the Bush White House.”

Posted at 11:00 PM by Howard Bashman



“Pregnant and poor in Mississippi: Mississippi law limits abortion to the first 12 weeks of pregnancy; But for poor women short on time and money, that can be an impossible deadline.” Sharon Lerner has this essay online at Salon.

Posted at 8:45 PM by Howard Bashman



“The Quality of Mercy Is Strained: Bush commutes Libby’s sentence, while his lawyers come down hard on everyone else.” Harlan J. Protass has this essay online at Slate.

Meanwhile, at National Review Online, you can access an editorial entitled “Appropriate Presidential Mercy.” And Byron York has an essay entitled “Why Bush Saved Libby: Sure it’s controversial; But it’s what presidents do.”

And online at Salon, Sidney Blumenthal has an essay entitled “Bush and Cheney walk, too: Even as the president confesses that Scooter Libby engaged in a cover-up — after all, that was the verdict — he completes the ultimate obstruction of justice in the Plame affair.”

Posted at 8:33 PM by Howard Bashman



“Bush spares Libby from prison; Cheney’s former aide won’t have to serve his 30-month sentence, but he’s not pardoned in the CIA leak case”: David G. Savage and Richard B. Schmitt have this article today in The Los Angeles Times. The newspaper also contains a news analysis headlined “Bush’s move cheers conservative base; The president’s decision to spare Libby prison time stirs outrage but, perhaps more crucially, gratifies conservatives.”

Today in The New York Times, Scott Shane and Neil A. Lewis report that “Bush Commutes Libby Sentence, Saying 30 Months ‘Is Excessive.’” Adam Liptak reports that “Commutation Doesn’t Equal a Full Pardon.” And columnist David Brooks has an op-ed entitled “Ending the Farce” (TimesSelect temporary pass-through link).

The Washington Post contains articles headlined “Bush Commutes Libby’s Prison Sentence“; “A Decision Made Largely Alone“; and “Scooter Libby’s Pals, Trusting In Providence.” In addition, the newspaper contains an editorial entitled “Too Much Mercy: Scooter Libby’s prison sentence was excessive, but so is President Bush’s commutation.”

The Boston Globe reports that “Bush spares Libby from prison sentence; GOP allies applaud; Democrats outraged.”

The San Francisco Chronicle contains an article headlined “What the decision on Libby means for White House: Bush commutes sentence, but lets fine stand.” And an editorial is entitled “Trumping the rule of law.”

The Washington Times reports that “Bush commutes Libby’s prison sentence.”

USA Today contains articles headlined “Dems lash out on Libby decision; Bush voids jail term; political rift heats up” and “Dems, Republicans at odds over Libby’s commutation; ‘Even Paris Hilton had to go to jail,’ Illinois senator says.”

In The New York Sun, Josh Gerstein reports that “Bush Calls a Halt to Jailing of Libby; Commutes Sentence After Rebuff by Appeals Court.” In addition, the newspaper contains an editorial entitled “Bush’s Clemency.”

Finally, The Wall Street Journal contains an editorial entitled “Bush and Libby: The commutation is a profile in non-courage” (free access).

Posted at 3:03 PM by Howard Bashman



Divided three-judge Ninth Circuit panel holds that defendants which continue to process credit card payments to websites that infringe Perfect 10’s intellectual property rights after being notified of that infringement are not secondarily liable under federal copyright and trademark law: Another day, another nude photo-copyright and trademark ruling from the Ninth Circuit. You can access today’s ruling at this link. Circuit Judge Alex Kozinski has issued a spirited dissent from the ruling.

Posted at 1:40 PM by Howard Bashman



“Raiders denied retrial in NFL case; Team lawyer calls ruling ‘incomprehensible'”: The Oakland Tribune today contains an article that begins, “It appears the Raiders’ recent struggles on the field have followed the team into the court room. The California Supreme Court ruled Monday that a 2001 verdict against the team in its lawsuit with the National Football League should stand, ending a case that began in 1999. The ruling also ends, for the first time in at least 20 years, any litigation the team has in the court system.”

And today in The San Francisco Chronicle, Bob Egelko reports that “Raiders denied new trial in suit accusing NFL of forcing them from L.A.; Unanimous ruling by state’s high court ends long dispute.”

My earlier coverage of yesterday’s Supreme Court of California ruling appears at this link.

Posted at 12:40 PM by Howard Bashman



On panel rehearing, three-judge D.C. Circuit panel holds that the federal government has the power to tax “compensatory damages for emotional distress and loss of reputation”: According to today’s unanimous ruling, written by Chief Judge Douglas H. Ginsburg, the court holds that “Murphy’s award, even if it is not income within the meaning of the Sixteenth Amendment, is within the reach of the congressional power to tax under Article I, Section 8 of the Constitution.”

Today’s ruling may strike many as unremarkable, and indeed it would be if this same three-judge panel, in August 2006, had not issued a decision in this very case holding that “insofar as §104(a)(2) permits the taxation of compensation for a personal injury, which compensation is unrelated to lost wages or earnings, that provision is unconstitutional.” My initial coverage of that ruling appeared at this link.

Additional coverage of the panel’s decision from August 2006, reaching a result opposite from the result reached on panel rehearing today, can be accessed here, here, here, here, and here.

Posted at 10:08 AM by Howard Bashman



“A Disappointing Term: President Bush’s nominees give the Supreme Court an activist nudge to the right.” This editorial appears today in The Washington Post.

Posted at 8:35 AM by Howard Bashman



“In a Shift, Judge Demurs on Dismissing KPMG Case”: The New York Times today contains an article that begins, “The federal judge overseeing a faltering criminal tax shelter case indicated yesterday that he might not dismiss charges after all against a dozen indicted defendants from the accounting firm KPMG.”

Posted at 8:24 AM by Howard Bashman