How Appealing



Tuesday, December 4, 2007

“Key Guantanamo cases hit Supreme Court; The high court hears two cases Wednesday that challenge the basic US terms of detention at the prison camp”: Warren Richey will have this article Wednesday in The Christian Science Monitor.

Posted at 5:54 PM by Howard Bashman



“Judges appear divided on latest challenge to students reciting Pledge”: Howard Mintz of The San Jose Mercury News provides an update that begins, “A federal appeals court today appeared divided over the latest legal challenge to the Pledge of Allegiance in public schools. In an hour of legal sparring and occasional musings about the meaning of God in public life, a three-judge panel of the 9th U.S. Circuit Court of Appeals heard the case of Sacramento atheist Michael Newdow, who argues that the pledge in schools is unconstitutional because it contains the phrase ‘under God.'”

Posted at 4:53 PM by Howard Bashman



Unanimous three-judge Ninth Circuit panel rejects California death row inmate Kevin Cooper’s latest attempt to prove his supposed innocence: You can access today’s ruling at this link.

The reason the first page of the 35-page PDF file containing today’s Ninth Circuit ruling states that the ruling consists of four volumes is that the official copy of the ruling includes as an attachment the 159-page federal district court decision that today’s ruling affirms.

Posted at 2:40 PM by Howard Bashman



To what extent, if any, may a state Attorney General investigate evidence of possible racial discrimination in the residential real estate lending practices of several national banks and their operating subsidiaries? A partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling today.

The case involves the New York State Attorney General’s appeal from a federal district court’s rulings that permanently enjoined him from investigating national banks and their operating subsidiaries for possible violations of federal and state fair lending laws.

Posted at 11:10 AM by Howard Bashman



“Court Sends Summons to Mickey Mouse”: The Associated Press provides a report that begins, “Your honor, I thought I saw a pussycat! Tweety may finally air his signature complaint in front of a judge, after an Italian court ordered the animated canary along with Mickey Mouse, Donald Duck and his girlfriend Daisy to take the witness stand in a counterfeiting case.”

Posted at 10:55 AM by Howard Bashman



“Supreme Court turns down ‘for sale’ case; Appeals-court ruling against Glendale’s sign ban stands”: This article appears today in The Cincinnati Enquirer.

Posted at 10:34 AM by Howard Bashman



“Court rules on armed career criminal law”: Lyle Denniston has this post at “SCOTUSblog” reporting on today’s two opinions in argued cases.

Today’s first ruling of the U.S. Supreme Court comes in the case of Logan v. United States, No. 06-6911, argued October 30, 2007. You can access the opinion at this link and the oral argument transcript at this link.

The Court today also issued its ruling in CSX Transportation, Inc. v. Georgia State Bd. of Equalization, No. 06-1287, argued on November 5, 2007. You can access the opinion at this link and the oral argument transcript at this link.

Posted at 10:08 AM by Howard Bashman



Michael A. Newdow will argue two appeals today before the U.S. Court of Appeals for the Ninth Circuit: And one of the judges on the three-judge panel that will hear and decide both appeals joined in the Ninth Circuit’s previous decision holding that it’s unconstitutional to include “under God” in the Pledge of Allegiance when spoken in public school.

Today’s appeals challenge not only that aspect of the Pledge but also the use of “In God We Trust” on money and as this Nation’s motto. My recent detailed preview of both of today’s oral arguments can be accessed here.

Posted at 9:04 AM by Howard Bashman



“Web search for nudity is ruled ‘fair use’; A federal appeals court says Google can display tiny photos in search results, even when the images are copyrighted”: The Los Angeles Times today contains an article that begins, “The U.S. 9th Circuit Court of Appeals on Monday reaffirmed its earlier support for the socially redeeming value of searching the Internet for nudie pictures.”

You can access yesterday’s amended ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:57 AM by Howard Bashman



“Wacky tabacky case: Garden Grove police are ordered to return a suspect’s marijuana; But the ruling is not as strange as it sounds.” The Los Angeles Times contains this editorial today. My earlier coverage appears at this link.

Posted at 8:53 AM by Howard Bashman



“Nevada man is guilty of killing trees; Douglas Hoffman, 60, of Henderson faces up to 35 years in prison for destroying hundreds of trees that blocked his view of the Strip”: This article appears today in The Los Angeles Times. I’m pleased to report that the defendant is not a federal appellate judge (but see here, here, and here).

Posted at 8:49 AM by Howard Bashman



“Now Online, a Guide to Detainee Treatment”: The Washington Post today contains an article that begins, “As the Supreme Court prepares to hear arguments this week on the rights of enemy combatants at Guantanamo Bay, Cuba, the public is getting another peek at how detainees have been treated there.”

I previously linked to the guide in this earlier post from mid-November 2007.

Posted at 8:33 AM by Howard Bashman



“Justices Express Skepticism in a Discrimination Case”: In today’s edition of The New York Times, Linda Greenhouse has an article that begins, “Beneath the surface of a Supreme Court argument on Monday in a case of job-related age discrimination was a surprising question: has the Supreme Court drifted so far toward the employer’s side in job discrimination cases that it is now to the right of the Bush administration?”

Posted at 8:22 AM by Howard Bashman



“Congress Has a Way of Making Witnesses Speak: Its Own Jail.” Today in The New York Times, Adam Cohen has an “Editorial Observer” essay that begins, “Congress and the White House appear to be headed for a constitutional showdown. The House of Representatives is poised to hold Joshua Bolten, the White House chief of staff, and Harriet Miers, a former White House counsel, in contempt for failing to comply with subpoenas in the United States attorneys scandal.”

Posted at 8:20 AM by Howard Bashman



“Evolution and Texas”: The New York Times today contains an editorial that begins, “Is Texas about to become the next state to undermine the teaching of evolution?”

Posted at 8:17 AM by Howard Bashman



“It’s Party Time For Dickie Scruggs In Oxford, Miss.; Home of Faulkner, Grisham Rallies Round a Lawyer Just Indicted for Bribery”: Paulo Prada and Peter Lattman have this front page article today in The Wall Street Journal.

Posted at 8:07 AM by Howard Bashman



“Supreme Court May Take Up New York City Teacher Exam”: Today in The New York Sun, Joseph Goldstein has an article that begins, “The Supreme Court is signaling that it may decide whether the teacher certification exam used by New York City illegally discriminates against minority applicants. Yesterday, the federal high court asked the Justice Department for its view on whether the court should take the case. The move doesn’t necessarily mean that the Supreme Court will hear the dispute, but it is a sure sign that the justices are interested.”

Posted at 8:04 AM by Howard Bashman



“U.S. military more open to gays serving openly; A group of retired generals, the current chief of the Joint Chiefs, and a majority of returning soldiers say full disclosure should replace ‘don’t ask, don’t tell’ law”: This article appears today in The Christian Science Monitor.

And today in The Los Angeles Times, Nathaniel Frank has an op-ed entitled “Don’t need ‘don’t ask, don’t tell’; Rhetoric from presidential candidates aside, gays in the military have wide support.”

Posted at 8:02 AM by Howard Bashman



“High court may bar claims for FDA-approved drugs; Injured patients could be prevented from suing manufacturers; The cases may also affect lawsuits already filed”: The Los Angeles Times today contains an article that begins, “The U.S. Supreme Court will hear arguments today in the first of two cases this term that consumer advocates fear could shut courthouse doors to patients injured by FDA-approved drugs or medical devices.”

Greg Stohr of Bloomberg News reports that “Medtronic, Medical-Device Makers Seek to Block Patient Suits.”

CNNMoney.com reports that “Medical devices put to legal test; Protections for makers of catheters and other medical equipment are at stake as lawsuit against Medtronic goes before U.S. Supreme Court.”

And Minnesota Public Radio provides a written report headlined “Medtronic heads to the Supreme Court.”

Posted at 7:58 AM by Howard Bashman



“Secrets Case Eyes Jurors’ Religion”: Today in The New York Sun, Josh Gerstein has an article that begins, “As two pro-Israel lobbyists near trial on charges of trafficking in classified information, a federal judge is preparing to grapple with some thorny questions, such as what to ask potential jurors about their religion and whether it is legal to knock jurors off the case based on their perceived religious affiliations.”

Posted at 7:52 AM by Howard Bashman