How Appealing



Monday, December 31, 2007

“After Ruling, Groups Spend Heavily to Sway Races”: Tuesday’s edition of The New York Times will contain an article that begins, “Spurred by a recent Supreme Court decision, independent political groups are using their financial muscle and organizational clout as never before to influence the presidential race, pumping money and troops into early nominating states on behalf of their favored candidates.”

Posted at 10:40 PM by Howard Bashman



“Chief justice pushes for higher salaries for federal judges”: The Associated Press provides this early report on Chief Justice John G. Roberts, Jr.’s year-end report on the federal judiciary.

Posted at 8:57 PM by Howard Bashman



“Court Bars Detainee Transfer to Algeria”: The Associated Press provides a report that begins, “A federal appeals court Monday blocked the Bush administration from transferring a detainee at Guantanamo Bay to Algeria, where the prisoner says his life would be in danger from the government and al-Qaida. The appeals court is stopping any transfer while it considers Ahmed Belbacha’s request that he not be returned to his home country.”

Posted at 6:04 PM by Howard Bashman



In case 2007 wouldn’t feel complete without at least one more precedential U.S. Court of Appeals ruling (or “All About Eve“): The U.S. Court of Appeals for the Third Circuit, which issued a precedential ruling on Christmas Eve (my post reporting on that ruling can be accessed here), has now also issued a precedential ruling on New Year’s Eve.

Today’s decision begins, “This appeal raises an issue that we have not previously decided: what standard should be applied when analyzing a claim that a defendant has breached a plea agreement.” Interestingly, the Third Circuit did not issue any precedential rulings after Christmas Eve until today.

Posted at 3:25 PM by Howard Bashman



“The Chief’s Year-End Report”: At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Tonight’s the night for champagne, Auld Lang Syne — and the chief justice’s end-of-year report on the state of the federal judiciary.” If earlier years are any indication, press reports on the document will begin to appear online several hours before midnight east coast time, so stay tuned!

Posted at 3:11 PM by Howard Bashman



You’re not going anywhere: I’m pleased to announce that I have extended my current relationship with ALM’s law.com for another two years. As a result, my weekly “On Appeal” column, which I began two years ago, will continue for another two years. And “How Appealing” will remain a part of the law.com blog network through at least April 20, 2010.

The next installment of my “On Appeal” column will appear next Monday, when I will provide my list of the top ten appellate court rulings of 2007 (excluding U.S. Supreme Court rulings). Readers who would like to offer nominations for that list are invited to contact me via email.

Posted at 8:35 AM by Howard Bashman



“Race emerges as a death penalty issue”: The Kansas City Star today contains an article that begins, “Across the nation, death chambers sit idle while the U.S. Supreme Court mulls the viability of lethal injection. But it’s another less-publicized death penalty issue that in the long run may prove to have a much larger impact on who dies and who decides if they should. The issue is race.”

Posted at 8:23 AM by Howard Bashman



“Phila.’s campaign limits are upheld”: The Philadelphia Inquirer today contains an article that begins, “The Pennsylvania Supreme Court has upheld Philadelphia’s campaign-finance limits, a victory for reform-minded Mayor-elect Michael Nutter just days before his inauguration.”

And The Philadelphia Daily News reports today that “Supreme Court upholds city’s law on campaign finances.”

Friday’s ruling of the Supreme Court of Pennsylvania, which that court posted online yesterday, consists of a majority opinion and a dissenting opinion.

As I wrote in this post from last night reporting on another ruling that Pennsylvania’s highest court issued Friday and posted online yesterday, “In just a matter of days, three of the seven justices currently serving on Pennsylvania’s highest court will be departing from that court. As a result, the court has been issuing an unusually high volume of decisions in argued cases over the past few days and weeks.”

Posted at 8:22 AM by Howard Bashman



“Deep divisions over US gun control; Gun control is expected to become a hot topic for the US presidential election as the Supreme Court prepares to rule on a controversial handgun ban in the nation’s capital”: BBC News provides this report.

Posted at 8:15 AM by Howard Bashman



“Robert Henry to take top spot on federal court”: The Associated Press provides a report that begins, “Tenth U.S. Circuit Court of Appeals Judge Robert Henry is getting a promotion. The Shawnee, Oklahoma, native will become chief judge of the Denver-based federal court tomorrow. The cousin of Oklahoma Governor Brad Henry, Robert Henry joined the court 13 years ago.”

Because Circuit Judge Robert H. Henry was placed on the U.S. Court of Appeals for the Tenth Circuit by President Bill Clinton, his ascension to chief judge of that court will end the Republican appointee stranglehold on all of the Nation’s federal appellate court chief judgeships that began when Alex Kozinski became chief judge of the U.S. Court of Appeals for the Ninth Circuit earlier this month.

Posted at 8:14 AM by Howard Bashman



“Guantanamo Bay detainee dies of cancer; The Afghan native, 68, was accused of being a member of the Taliban; He is the prison’s first inmate to die of natural causes”: Carol J. Williams has this article today in The Los Angeles Times.

And Carol Rosenberg of The Miami Herald has an article headlined “Pentagon: Cancer killed Guantanamo detainee.”

Posted at 7:18 AM by Howard Bashman



“The Challenges Alex Kozinski Faces as the New Chief Judge of the U.S. Court of Appeals for the Ninth Circuit”: Carl Tobias has this essay online today at FindLaw.

Posted at 6:50 AM by Howard Bashman