How Appealing



Tuesday, May 20, 2008

“Supreme Court restores full prison term in LAX plot by ‘millennium bomber’; Ahmed Ressam, convicted of planning to set off explosives at the airport in 1999, had had nearly half of his 22-year sentence voided by the 9th Circuit Court of Appeals in San Francisco”: David G. Savage has this article today in The Los Angeles Times.

And The Washington Post reports today that “High Court Affirms Terrorism Conviction; Ruling Upholds Federal Explosives Law.”

Posted at 10:45 PM by Howard Bashman



“Supreme Court upholds child-pornography law; Messages offering or seeking sexual images of minors — real or not — will no longer qualify as free speech and be protected by the 1st Amendment”: David G. Savage has this article today in The Los Angeles Times.

And today in USA Today, Joan Biskupic reports that “High court upholds child porn penalties.”

Posted at 10:22 PM by Howard Bashman



“Turkey flies through Lubbock County Courthouse window, unharmed by hit”: The Lubbock Avalanche-Journal today contains an article that begins, “A wild turkey crashed through a window in the Lubbock County Courthouse on Monday, prompting thoughts of a courthouse shooting and leaving a cartoon-like hole in the glass.” You can view a photograph of the “cartoon-like hole in the glass” by clicking here.

And The Associated Press reports that “Confused turkey smashes into Texas courthouse window.”

Posted at 5:20 PM by Howard Bashman



“Court strikes down Va. late-term abortion ban”: The Associated Press provides a report that begins, “A federal appeals court says Virginia’s law banning a type of late-term abortion is still unconstitutional, even though a similar federal ban has been upheld by the U.S. Supreme Court. The 2-1 decision Tuesday by the 4th U.S. Circuit Court of Appeals affirms the same court’s 2005 ruling striking down the law. The Supreme Court had ordered the appeals court to take another look at the law after the ruling on the federal ban.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 5:14 PM by Howard Bashman



“Justice with Salem tie confirmed for federal court post; Nomination of another Roanoke Valley jurist still pending”: The Roanoke Times provides a news update that begins, “The U.S. Senate this afternoon confirmed Virginia Supreme Court Justice Steven Agee of Salem to fill a vacancy on the 4th U.S. Circuit Court of Appeals, approving the appointment by a vote of 96-0.”

And The Virginian-Pilot provides a news update headlined “Senate OKs Roanoke judge’s appointment to federal court.”

Posted at 5:10 PM by Howard Bashman



Unanimous three-judge Sixth Circuit panel rejects challenge to Grand Rapids, Michigan ordinance governing “Conduct in Sexually Oriented Businesses”: You can access today’s ruling at this link.

Posted at 4:53 PM by Howard Bashman



Money also discriminates against the poor: The Washington Post provides a news update headlined “Court Rules That Paper Money Discriminates Against the Blind.”

The Associated Press provides a report headlined “Court: Paper money discriminates against the blind.”

Bloomberg News reports that “U.S. Must Modify Paper Money to Accommodate Blind.”

James Vicini of Reuters provides a report headlined “U.S. court: currency discriminates against the blind.”

Agence France-Presse reports that “US court rules paper money discriminates against blind.”

CNNMoney.com provides a report headlined “Paper money unfair to blind – court; Federal appeals court says Treasury Department is violating the law by keeping dollars the same size and feel.”

And in news from Cincinnati, “Courthouse Deli Owner Praises Court Order On Currency.”

Unfortunately, today’s ruling of the U.S. Court of Appeals for the D.C. Circuit likewise discriminates against the blind, who must depend on others to learn what it says. And the online version of the ruling discriminates against those without internet access.

Circuit Judge Judith W. Rogers delivered the opinion of the court, in which Circuit Judge Thomas B. Griffith joined. Circuit Judge A. Raymond Randolph dissented.

My earlier coverage of the federal district court’s ruling in this case, from November 2006, can be accessed here.

Posted at 4:37 PM by Howard Bashman



“Pa. justices won raise for upholding slots law, lawsuit claims”: The Associated Press provides a report that begins, “The League of Women Voters sued Pennsylvania’s former chief justice yesterday, alleging that the Supreme Court upheld the state’s slot machine gambling law in exchange for approval of a judicial pay raise.”

I have posted online at this link the complaint initiating suit filed yesterday in the U.S. District Court for the Middle District of Pennsylvania.

Posted at 8:40 AM by Howard Bashman



“Reid gives no guarantees on judicial confirmations”: The Hill provides a report that begins, “Senate Majority Leader Harry Reid (D-Nev.) gave no assurances Monday that three appeals court judges would be confirmed before Memorial Day. The Senate will vote Tuesday on the nomination of Steven Agee to a Virginia seat on the U.S. Court of Appeals for the Fourth Circuit, and Reid held out the possibility that Raymond Kethledge and Helene White would be confirmed for Michigan’s seats on the U.S. Court of Appeals for the Sixth Circuit.”

Posted at 7:47 AM by Howard Bashman



“Chewing Gum Trademark Battle Sent Back to District Court”: law.com provides a report that begins, “A nearly decade-long dispute over the use of formulas for Bazooka bubble gum and other products made by Topps Co. is headed back to a district court following a decision by a federal appeals court.”

My earlier coverage of last Thursday’s Second Circuit ruling appears at this link.

Posted at 7:45 AM by Howard Bashman



Monday, May 19, 2008

“Court denies visitation to gay ex-partner; Md. ruling has broad impact for nontraditional families”: The Baltimore Sun on Tuesday will contain an article that begins, “In a decision with broad ramifications for nontraditional families, Maryland’s highest court ruled Monday in favor of an adoptive mother who is seeking to deny her former partner visitation rights to a child that both had cared for during their relationship.”

You can access today’s ruling of the Court of Appeals of Maryland — that State’s highest court — at this link.

Posted at 10:25 PM by Howard Bashman



“A brother lost, a brotherhood found: When Dave Kaczyinski turned in the Unabomber, he lost his only sibling; Today he has a new kinship with a man his brother almost killed.” Sunday’s issue of The Chicago Tribune contained this lengthy article.

Posted at 6:07 PM by Howard Bashman



“Judging the Judges: New procedural rules for judicial misconduct cases will apply in all federal circuits.” This article appears in the May 2008 issue of ABA Journal.

Posted at 6:03 PM by Howard Bashman



“Bush team battered by courts on environment”: The Sacramento Bee today contains a front page news analysis that begins, “Federal courts appear to have done what relentless green lobbying could not in more than seven years: rein in what critics call a de facto deregulation of the environment by President Bush’s administration.”

Posted at 2:24 PM by Howard Bashman



“Court Upholds Law That Prohibits Promotion of Child Pornography”: Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court upholds law on child pornography.”

Tuesday in The Christian Science Monitor, Warren Richey will have an article headlined “Ban upheld on offering child porn; The Supreme Court allows a 2003 law dealing with ‘virtual’ child porn that some thought was too broad.”

And Bill Mears of CNN.com has a report headlined “Justices: Child porn is not protected speech.”

Posted at 2:20 PM by Howard Bashman



“Supreme Court upholds child porn law”: James Oliphant has this post at “The Swamp” blog of The Chicago Tribune.

Posted at 2:17 PM by Howard Bashman



“Court allows taxing of out of state bond interest”: Lyle Denniston has this post at “SCOTUSblog.”

The U.S. Supreme Court today issued opinions in four argued cases.

You can access today’s ruling in United States v. Rodriquez, No. 06-1646, at this link, while the oral argument transcript can be accessed here.

You can access today’s ruling in Department of Revenue of Ky. v. Davis, No. 06-666, at this link, while the oral argument transcript can be accessed here.

You can access today’s ruling in United States v. Williams, No. 06-694, at this link, while the oral argument transcript can be accessed here.

And you can access today’s ruling in United States v. Ressam, No. 07-455, at this link, while the oral argument transcript can be accessed here.

In early news coverage, The Associated Press reports that “Supreme Court upholds anti-child pornography law“; “Justices rule against man in terrorism case“; “Court upholds municipal bond exemption“; and “Court rejects shorter sentence for repeat criminal.”

Posted at 10:11 AM by Howard Bashman



“John McCain and Barack Obama: Two visions of the Supreme Court; McCain wants to end ‘judicial activism’; Obama favors justices with ’empathy’ for ordinary people.” David G. Savage has this article today in The Los Angeles Times.

Posted at 8:07 AM by Howard Bashman



“In McCain’s Court: John McCain plans to continue, and perhaps even accelerate, George W. Bush’s conservative counter-revolution at the Supreme Court.” Jeffrey Toobin has this Talk of the Town essay in the May 26, 2008 issue of The New Yorker.

Posted at 7:44 AM by Howard Bashman



Sunday, May 18, 2008

“Afraid of public trial, author to plead guilty in online obscenity case”: The Pittsburgh Post-Gazette yesterday contained an article that begins, “She battled the federal government’s allegations for more than a year and a half, but in the end, Karen Fletcher’s mental health will win out over her principles. And First Amendment lawyers will lose a key chance to have a court determine whether text-only material can be considered obscene. Ms. Fletcher has decided to plead guilty to six counts of distributing obscenity online stemming from fictional stories published on a members-only Web site. First Amendment lawyers thought an acquittal in the case could have begun a trend — proving that text-only cases do not rise to the level of obscenity standards.”

I wrote about the case in the October 9, 2006 installment of my “On Appeal” column for law.com, headlined “Text This: Words Alone Can Violate Federal Obscenity Laws.”

Posted at 8:30 AM by Howard Bashman



“Group fighting Barnes move looks west for help”: Yesterday’s edition of The Philadelphia Inquirer contained an article that begins, “After getting thumped in Montgomery County Orphans’ Court, the people who want to keep the Barnes Foundation’s art collection in Lower Merion are looking west for a strategy. All the way to Montana, in fact. The Supreme Court of the Big Sky State recently removed the board of a museum for breaching its fiduciary responsibility. The Friends of the Barnes Foundation sees parallels.”

Posted at 8:27 AM by Howard Bashman



“California chief justice says same-sex marriage ruling was one of his toughest; Ronald M. George, a moderate Republican who voted with the majority, likens the case to civil rights battles”: Maura Dolan has this article today in The Los Angeles Times.

The New York Times reports today that “California Ruling on Same-Sex Marriage Fuels a Battle, Rather Than Ending It.”

And The Boston Globe contains an article headlined “Celebration, then strategizing in Calif.; Gays look to Mass. in battle to keep marriage rights.”

Posted at 8:17 AM by Howard Bashman