How Appealing

Tuesday, October 9, 2007

Dahlia Lithwick of Slate and Jan Crawford Greenburg of ABC News discuss Justice Clarence Thomas’s book on You can view the webcast by clicking here.

Posted at 11:08 PM by Howard Bashman

“Roberts, Alito Appear Skeptical Of Plaintiffs’ Arguments in Stoneridge”: Jess Bravin and Kara Scannell will have this article Wednesday in The Wall Street Journal.

Posted at 10:57 PM by Howard Bashman

“Blinded teen seeks to compel use of unpublished court rulings”: Michael Doyle of McClatchy Newspapers has an article that begins, “An errant paintball partially blinded Joshua Hild. It also opened his eyes to how courts work. Hild of Fresno County, Calif., won $704,633 in a civil lawsuit, only to lose the award in appeals court. Now, in a potentially ground-breaking federal lawsuit, the former resident of tiny Big Creek is challenging how judicial opinions are used while he gets a crash course in the law.”

According to the article, “The 19-year-old restaurant worker is suing the California Supreme Court to reverse its practice of largely ignoring unpublished court opinions. In California, these opinions disposing of routine cases can’t be cited as precedent. They also become difficult to appeal.”

Posted at 8:57 PM by Howard Bashman

“Rendition: High court refuses to hear the claims of a German man who says he was abducted and tortured by the CIA.” This audio segment (RealPlayer required) appeared on today’s broadcast of the public radio program “Here & Now.”

Posted at 6:00 PM by Howard Bashman

“Justice Is…Mute: With the opening of the Supreme Court’s new term this week, Jeffrey Toobin’s recently published book might help shed light on the inner workings of the notoriously tight-lipped nine.” This segment (transcript with links to audio) appeared on last Friday’s broadcast of NPR’s “On The Media” (via “LawBeat“).

Posted at 5:55 PM by Howard Bashman

“Punishing Clarence Thomas”: Sunday in The San Diego Union-Tribune, columnist Ruben Navarrette Jr. had an op-ed that begins, “The confirmation hearings for Supreme Court Justice Clarence Thomas may be the ultimate Rorschach test. Americans look back at what transpired in that Senate hearing room in October 1991 and see what they want to see.”

And today at Human Events Online, columnist Thomas Sowell has a two-part essay (access part one and part two) that begins, “It would be hard to think of anyone whose portrayal in the media differs more radically from the reality than that of Justice Clarence Thomas.”

Posted at 5:45 PM by Howard Bashman

“New York Times U.S. Supreme Court correspondent to speak at U of M Law School”: The University of Minnesota today issued a news release that begins, “Linda Greenhouse, long-time U.S. Supreme Court correspondent for The New York Times, will give the University of Minnesota Law School’s Horatio Ellsworth Kellar Distinguished Visitors Lecture for 2007. It will be presented at 3:30 p.m. Monday, Oct. 22, in Willey Hall Auditorium (Room 125), 229 19th Ave. S., Minneapolis. This event is free and open to the public.”

Posted at 5:37 PM by Howard Bashman

“Bush Admin., Texas Wrangle Over Death Penalty Case; Supreme Court to Examine State Sovereignty Fight Over Mexican National on Death Row”: Ariane de Vogue has this report at

Posted at 5:35 PM by Howard Bashman

“Supreme Court won’t hear the appeal of apparent CIA victim”: David G. Savage of The Los Angeles Times provides a news update that begins, “The Supreme Court today refused to give a hearing to a German man who says he was wrongly abducted, imprisoned and tortured by the CIA in a case of mistaken identity.”

And Robert Barnes of The Washington Post provides a news update headlined “Court Declines Case of Alleged CIA Torture Victim.”

Posted at 2:35 PM by Howard Bashman

“In a twist, high court case sets Bush against Texas; A Mexican national’s death sentence will have Supreme Court justices sorting out US treaty obligations, federal vs. state powers, and World Court rulings”: Warren Richey will have this article Wednesday in The Christian Science Monitor.

Posted at 2:30 PM by Howard Bashman

“We must decide the proper burden of proof to be borne by the removing defendant when plaintiffs move to remand the case to state court and their complaint alleges damages less than the jurisdictional threshold for diversity cases but does not specify a total amount in controversy.” So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. Circuit Judge Diarmuid F. O’Scannlain wrote both the opinion of the court, noting that the Ninth Circuit has employed three arguably conflicting tests, and a concurring opinion, explaining which approach he views as best.

Posted at 1:32 PM by Howard Bashman

Is California’s statutory rape law, which makes it a crime to engage in intercourse with a minor who is under 16 years of age when the perpetrator is 21 years of age or older, categorically a crime involving moral turpitude? By a vote of 2-1, today a panel of the U.S. Court of Appeals for the Ninth Circuit issued this ruling answering “no.”

Posted at 1:23 PM by Howard Bashman

“Court to hear gay divorce argument”: The Providence Journal today contains an article that begins, “The state Supreme Court will hear arguments this morning in Rhode Island’s first same-sex divorce case.”

Posted at 10:38 AM by Howard Bashman

“Error in major case tied to federal judge nominee”: The Virginian-Pilot today contains an article that begins, “Two years ago, someone made a huge mistake at the Virginia Supreme Court — a clerical error that cost a client a chance to win an $8 million appeal.”

According to the article, “It was a simple goof — someone forgot to file a trial transcript — but it caused the Supreme Court to throw out an appeal of an $8 million jury verdict. The lead attorney for that appeal was E. Duncan Getchell Jr., who has been nominated by President Bush for a judgeship on the 4th Circuit Court of Appeals, based in Richmond.”

Posted at 9:58 AM by Howard Bashman

“Handling of obscenity cases disputed; A Justice task force tackles small producers of porn’s most extreme content; Conservative groups say it’s not enough and many prosecutors say it’s a waste of time”: The Los Angeles Times contains this article today.

Posted at 8:54 AM by Howard Bashman

“Newspapers, bloggers now on same page; Journalistic websites see amateur scribes as partners, not rivals; They increase coverage and may share revenue”: This article appears today in The Los Angeles Times.

Posted at 8:52 AM by Howard Bashman

“A First-Class Civil Rights Lesson: Stamp Commemorates Early Latino Victory Against Segregation.” This article appears today in The Washington Post. You can view the postage stamp by clicking here (large image file).

Posted at 8:44 AM by Howard Bashman

“The Public’s Right to Know”: Today’s edition of The New York Times contains an editorial that begins, “Efforts to enact a federal shield law for journalists have passed a critical milestone in the Senate.”

Posted at 8:37 AM by Howard Bashman

“Political Parties, Under Challenge, Seem to Have Justices’ Sympathy”: Robert Barnes has this article today in The Washington Post.

Posted at 8:35 AM by Howard Bashman