How Appealing



Thursday, December 6, 2007

“Senate Panel Approves Bill To Televise SCOTUS (Again)”: At his blog “Washington Briefs,” Lawrence Hurley of The Daily Journal of California has this post today.

As noted in the April 17, 2006 installment of my “On Appeal” column for law.com, I’d be quite content to have same-day oral argument audio in all argued cases.

Posted at 2:55 PM by Howard Bashman



An untidy federal district court docket is the price that must be paid for the district court’s and the federal prosecutor’s having essentially ignored the Seventh Circuit’s earlier mandate deciding the merits of this appeal: Chief Judge Frank H. Easterbrook, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, issued this interesting decision today denying the federal prosecutor’s motion to recall the Seventh Circuit’s mandate in the case.

Posted at 2:44 PM by Howard Bashman



Dissenting from the denial of rehearing en banc, five Ninth Circuit judges announce that they would hold section 104 of the Antiterrorism and Effective Death Penalty Act unconstitutional because it violates the separation of powers: Circuit Judge Stephen Reinhardt‘s dissent from the denial of rehearing en banc, in which four of his Ninth Circuit colleagues have joined, begins:

I would hold that section 104 of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) (codified in relevant part at 28 U.S.C. ยง 2254(d)(1)), violates the separation of powers doctrine and is unconstitutional. Section 2254(d)(1) constitutes a severe congressional incursion on the federal “judicial power,” which Article III of the Constitution vests wholly and exclusively in the federal courts. It does so in two principal ways: first, by prohibiting the federal courts from applying the ordinary principles of stare decisis in deciding habeas cases involving prisoners held in state custody, thereby interfering with the federal courts’ normal adjudicatory process; and second, by requiring federal courts to give effect to incorrect state rulings that, in the federal courts’ independent judgment, violate the Constitution. Such a congressional breach of the federal judiciary’s integrity and independence, of its duty to maintain the supremacy of the Constitution, and, indeed, of the constitutional structure itself, should not go unchecked by this court.

You can access the complete dissent from today’s denial of rehearing en banc in Crater v. Galaza at this link.

Posted at 1:32 PM by Howard Bashman



Cows fight the power in Wisconsin — and win: The Associated Press provides a report headlined “Supreme Court upholds nearly $533,000 award in stray voltage case” that begins, “The Wisconsin Supreme Court on Thursday upheld a nearly $533,000 award to Marathon County dairy farmers who claimed a power company’s stray voltage hurt their cows’ milk production.”

You can access today’s 4-3 ruling of the Supreme Court of Wisconsin at this link. A related decision the court also issued today can be accessed here.

Posted at 12:40 PM by Howard Bashman



Eighth Circuit recognizes First Amendment right of members of Westboro Baptist Church to picket funerals of soldiers and orders preliminary injunction against enforcement of Missouri laws intended to criminalize such picketing: You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

The opinion explains that the plaintiff “alleges members of her church believe God is punishing America for what WBC considers the sin of homosexuality by killing Americans, including soldiers. As part of her religious duties, she believes she must protest and picket at certain funerals, including the funerals of United States soldiers, to publish the church’s religious message: that God’s promise of love and heaven for those who obey him in this life is counterbalanced by God’s wrath and hell for those who do not.”

Posted at 11:53 AM by Howard Bashman



“High court hears Gitmo detainee rights case; The justices appear split, with Kennedy in the middle; Regardless of the ruling, which may be months away, the prisoners’ fate may rest with the next president”: David G. Savage has this article today in The Los Angeles Times.

Today in The Boston Globe, Charlie Savage has an article headlined “Showdown on detainees’ rights; Guantanamo inmates press Supreme Court.”

Joan Biskupic of USA Today has an article headlined “No quick resolution to Guantanamo detainee cases; High court weighs foreign prisoners’ rights, fair hearings.”

James Oliphant of The Chicago Tribune reports that “Court hears arguments on Gitmo; Habeas corpus for detainees at issue.”

And in The Wall Street Journal, David B. Rivkin Jr. AND Lee A. Casey have an op-ed entitled “Gitmo Goes to Court: The judiciary has no business managing how we fight wars abroad.”

Posted at 9:22 AM by Howard Bashman



“Poor medical care at Nevada prison cited; Inmates at the Ely facility have been denied help for heart problems, diabetes and other serious medical conditions, records show”: Ashley Powers and Henry Weinstein have this article today in The Los Angeles Times.

According to the article, “Attorneys for some Ely inmates say they believe the lack of medical care has played a role in a high percentage of death row inmates giving up their appeals and ‘volunteering’ to be executed. All but two of 12 inmates executed in the state in the last 30 years have been volunteers. No other state in the country has had close to that percentage of volunteers, records show.”

Posted at 9:10 AM by Howard Bashman



“Time for Cameras: Those who are interested shouldn’t have to line up overnight to watch Supreme Court debates.” This editorial appears today in The Washington Post.

Posted at 9:00 AM by Howard Bashman



“Defense Challenges Status of Guantanamo Detainee”: The New York Times today contains an article that begins, “Challenging one of the central pillars of the Bush administration’s detention policies, lawyers for a detainee who is charged as Osama bin Laden’s driver argued here Wednesday that he should be treated as a prisoner of war and should not be tried by military commission. The military judge at a pretrial hearing of the former driver, Salim Ahmed Hamdan, did not rule on the request but opened the way for the defense to present evidence on the issue at a hearing that is to begin Thursday.”

Today in The Miami Herald, Carol Rosenberg reports that “Detainee wins one, loses one; As Osama bin Laden’s driver tries to fend off war-crimes charges, a judge said he would consider his POW claim, but not testimony from the reputed 9/11 mastermind.” Yesterday, Rosenberg previewed the matter in an article headlined “New push to prosecute bin Laden’s driver.”

And today in The Los Angeles Times, Carol J. Williams reports that “Bid Laden driver to argue he’s POW; The Guantanamo detainee’s lawyers allowed to contend that he is out of the reach of a military tribunal.”

Posted at 8:45 AM by Howard Bashman



“Bonds’s Team Has Trouble Deciding Who’s on First”: Today in The Wall Street Journal, Justin Scheck has an article that begins, “Over two days last week, baseball star Barry Bonds tried to persuade top San Francisco defense lawyer John Keker to represent him in a federal perjury case. But the talks started faltering when the multimillionaire slugger asked Mr. Keker to handle his case at a steep discount, say several people briefed on the conversations.”

Posted at 8:05 AM by Howard Bashman



“The Current Supreme Court Term, and the Pivotal Role of ‘Swing’ Justice Anthony Kennedy”: Edward Lazarus has this essay online today at FindLaw.

Posted at 7:54 AM by Howard Bashman



Wednesday, December 5, 2007

“Justices Appear Divided on Detainees’ Rights; Guantanamo Prisoners Get New Supreme Court Hearing; Independent Review at Issue”: Robert Barnes will have this article Thursday in The Washington Post.

Posted at 10:55 PM by Howard Bashman



“Justices, Attorneys Spar Over Guantanamo Case; Detainees’ Rights Debated Before Supreme Court as Part of Ongoing Legal Battle”: Jan Crawford Greenburg and Ariane de Vogue have this written report at ABCNews.com. You can also access Jan’s video preview of today’s oral argument, filmed at Guantanamo, by clicking here.

Posted at 6:44 PM by Howard Bashman



“Part 2 of legal lovers’ trial begins”: Today’s edition of The San Antonio Express-News contains an article that begins, “Lawyer Mary S. Roberts was an ignored, emotionally abused spouse whose marriage was on the rocks when she reached into cyberspace for love and lust with other men. Or, she was a conniving woman who cheated on her husband, also an attorney, then helped him shake down her lovers for thousands of dollars.”

Posted at 4:13 PM by Howard Bashman



“They’re both from Trenton”: At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Deputy Solicitor General Gregory Garre is the latest advocate to get Justices Antonin Scalia and Samuel Alito Jr. mixed up during oral argument.”

Posted at 3:30 PM by Howard Bashman



“Supreme Court hears detainee rights case…again”: James Oliphant has this post at “The Swamp” blog of The Chicago Tribune.

Posted at 3:20 PM by Howard Bashman



You can now access online the audio files of yesterday’s two church-state oral arguments that Michael A. Newdow presented before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit: I previewed these oral arguments and identified the three judges on the panel in this detailed post from Saturday.

You can download the oral argument audio in the “In God We Trust” case via this link (7.76MB audio file).

And you can download the oral argument audio in the Pledge of Allegiance case via this link (8.60MB audio file).

Windows Media Player is required to launch these audio files.

Posted at 2:30 PM by Howard Bashman



“Passing of the Gavel Ceremony – Video”: The U.S. Court of Appeals for the Ninth Circuit has today posted online this video clip (Windows Media Player required) of last Friday’s ceremony. Unfortunately, at least as of this moment, the video clip concludes before the gavel is passed, ending instead smack in the midst of a U.S. District Judge’s remarks.

Posted at 2:20 PM by Howard Bashman