How Appealing

Saturday, December 1, 2007

“US says it has right to kidnap British citizens”: The Sunday Times of London contains an article that begins, “America has told Britain that it can ‘kidnap’ British citizens if they are wanted for crimes in the United States. A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it.”

Posted at 11:58 PM by Howard Bashman

“Ziegler too tarnished, should resign as justice”: Today in The Capital Times of Madison, Wisconsin, Diane Everson has an op-ed that begins, “This is a first for Wisconsin. It is unprecedented for a Supreme Court justice to be accused of violating the state’s code of judicial ethics.”

And Thursday in The Oshkosh Northwestern, Carol McDonald had an op-ed entitled “Judge not fit to serve on state Supreme Court.”

Posted at 11:54 PM by Howard Bashman

“Supreme Court justice coming to Chapman University; Clarence Thomas will speak and sign his new book”: This article appeared Friday in The Orange County Register. The visit will occur December 17th.

Posted at 11:40 PM by Howard Bashman

“Pledge fight to return to S.F. courtroom; Atheists object to ‘under God’ phrase”: Howard Mintz has this article today in The San Jose Mercury News.

Michael Newdow is scheduled to argue the appeal on Tuesday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The panel assigned to hear the appeal will consist of Circuit Judges Stephen Reinhardt and Carlos T. Bea and Senior Circuit Judge Dorothy W. Nelson.

Judge Reinhardt, of course, was on the earlier three-judge Ninth Circuit panel that held the inclusion of “under God” in the Pledge of Allegiance was unconstitutional with respect to school children, and he joined in that ruling. Neither Judge Bea nor Judge Nelson was on that earlier three-judge panel.

The federal district court’s decision that the Ninth Circuit will be reviewing can be accessed at this link. Newdow has made available via this link the documents filed in the district court and on appeal to the Ninth Circuit.

I have written extensively about the incorrect premise of the federal district court’s ruling (see my earlier posts here, here, and here) and also on the effect of the U.S. Supreme Court‘s reversal for lack of plaintiff’s standing on the precedential effect of the Ninth Circuit’s earlier ruling (see here and here).

And if that’s not enough fun for one day, that very same three-judge Ninth Circuit panel, also on Tuesday, December 4, 2007, will have the pleasure of hearing Newdow’s challenge to the use of the phrase “In God We Trust” on the Nation’s money and as the Nation’s motto. Newdow has also posted online the documents filed in the district court and the Ninth Circuit in connection with this separate case, and you can access them via this link.

Posted at 11:32 PM by Howard Bashman

“Court to review racial element in picking jury”: James Oliphant will have this article Sunday in The Chicago Tribune. According to the article, “The accusation of race-based jury selection will be aired before the U.S. Supreme Court this week in a case involving a former Jefferson Parish prosecutor who once kept a toy electric chair on his desk.”

Posted at 11:00 PM by Howard Bashman

“Court says sperm donor liable for child support”: Today’s edition of Newsday contains an article that begins, “A Nassau County man who said he donated sperm to a female co-worker as a friendly gesture — and then sent presents and cards to the child over the years — is legally considered the father and may have to pay child support for the college-bound teenager, according to a judge’s ruling.”

Posted at 3:30 PM by Howard Bashman

“D.C. rally calls for ‘don’t ask, don’t tell’ repeal; An ex-soldier who hid his sexuality to avoid being discharged under the law and other opponents mark the policy’s 14th anniversary”: This article appears today in The Los Angeles Times.

Posted at 3:05 PM by Howard Bashman

“A Little Less Conversation: The wrong-headed movement to force judicial nominees to open up more in Senate confirmation hearings.” Benjamin Wittes has this essay online at The New Republic.

Posted at 3:00 PM by Howard Bashman

“Army Pays $725 in Set-Aside World War II Case”: The New York Times today contains an article that begins, “A month after the Army said it made a mistake when it court-martialed Samuel Snow and 27 other black soldiers in World War II, the Pentagon has cut Mr. Snow a check for back pay, money withheld while he served a year in prison on a rioting conviction. The check was for $725. No interest. No adjustment for inflation.”

Posted at 2:45 PM by Howard Bashman

“Jurist’s status amid harassment case raises questions”: Today in The San Antonio Express-News, columnist Gary Martin has an essay that begins, “A sordid sexual harassment case involving a Texas federal judge has prompted a congressional Republican hopeful to use his campaign office to seek impeachment proceedings against the accused wayward jurist.”

Posted at 2:34 PM by Howard Bashman

“Death in the Family: Booth Gardner, a former governor of Washington State who has Parkinson’s, is urgently lobbying for a doctor-assisted-suicide law; His son is among those fighting him every step of the way.” This cover story will appear in tomorrow’s edition of The New York Times Magazine.

Posted at 2:25 PM by Howard Bashman

“Musharraf’s emergency upends Pakistan’s courts”: McClatchy Newspapers provide a report that begins, “A month after President Gen. Pervez Musharraf declared a state of emergency in Pakistan, the country’s once-independent judiciary is in disarray and still under attack, making it unlikely that America’s closest ally in the war on terrorism will have a functioning democracy anytime soon. Police lines surround the principal courts, unfit judges are taking over the judicial apparatus and the enormous number of lawyers on hunger strikes has slowed the wheels of justice.”

Posted at 2:22 PM by Howard Bashman

“Witness Names to Be Withheld From Detainee”: The New York Times today contains a front page article that begins, “Defense lawyers preparing for the war crimes trial of a 21-year-old Guantanamo detainee have been ordered by a military judge not to tell their client — or anyone else — the identity of witnesses against him, newly released documents show.”

Posted at 2:20 PM by Howard Bashman

“U.S. judge tosses out case over immunity; He blasted the prosecutors, who reneged on amnesty for the firm”: The Philadelphia Inquirer today contains an article that begins, “A federal judge in Philadelphia dismissed a major antitrust indictment against a Luxemburg shipping company and two executives yesterday, chastising U.S. prosecutors who granted the company immunity, then later indicted the company.”

My most recent earlier coverage appears here and here.

Posted at 12:44 PM by Howard Bashman