How Appealing



Wednesday, June 4, 2008

The Associated Press is reporting: Now available online are articles headlined “Retired justice developing online civics lessons“; “Va. high court hears arguments on law against spam“; and “Accused Sept. 11 plotters due in Guantanamo court.”

And an article headlined “Feds: Militant’s immigration case wrongly dropped” begins, “A U.S. judge improperly dismissed immigration fraud charges against an anti-Castro militant suspected of plotting the 1976 bombing of a Cuban airliner, a government lawyer told a federal appeals court Wednesday.”

Posted at 4:44 PM by Howard Bashman



“Court nixes suit by black would-be firefighters”: The Chicago Sun-Times has a news update that begins, “Chicago taxpayers would be off the hook for as much as $100 million — and 132 would-be black firefighters would not move to the head of the class — thanks to a federal appeals court ruling today tied to a 1995 firefighters entrance exam.”

Circuit Judge Richard A. Posner is the author of today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Posted at 3:50 PM by Howard Bashman



“Mukasey defends military commissions for terror cases”: The Associated Press provides a report that begins, “Attorney General Michael Mukasey, defending military commissions to prosecute suspected terrorists, told federal judges Wednesday the upcoming trials will be ‘in the best traditions of the American legal system.’ Mukasey’s remarks came amid fresh criticism of the legal processes at Guantanamo Bay. Just this week, the Pentagon defended the abrupt removal of a judge from a case after rulings unfavorable to the government. Speaking to an annual conference of Washington federal judges, Mukasey said the decision to try terrorism cases outside of civilian courthouses is not made lightly.”

The article shows that you won’t have to rely on mere law bloggers to report on what’s happening at the D.C. Circuit’s Judicial Conference, which has begun this morning. In any event, I won’t be arriving there until very late tonight.

Posted at 11:45 AM by Howard Bashman



“Five Detainees Charged in Sept. 11 Attacks to Be Arraigned”: The Washington Post today contains an article that begins, “More than 6 1/2 years after devastating suicide attacks against the United States launched the Bush administration’s fight against global terrorism, the alleged mastermind of the Sept. 11, 2001, plot is scheduled to appear in a Guantanamo Bay courtroom tomorrow morning.” (Sadly, Guantanamo Bay is also where ABC News correspondent Jan Crawford Greenburg will be tomorrow morning, instead of on a law blogging panel with me at the D.C. Circuit’s Judicial Conference in Farmington, Pennsylvania.)

Today in The Los Angeles Times, Carol J. Williams reports that “Guantanamo detainee to be charged with war crimes; The Ethiopian man is alleged to have been part of an Al Qaeda plot to unleash a ‘dirty bomb’ and blow up apartment buildings in the U.S.

Carol Rosenberg of The Miami Herald reports that “Gitmo captive accused of ‘dirty bomb’ plot.”

And in The Wall Street Journal, Rear Adm. Mark H. Buzby has an op-ed entitled “Guantanamo Is a Model Prison (Really).”

Posted at 9:17 AM by Howard Bashman



“Lawyers Fear for Marri’s Sanity; U.S. Defends Conditions of Detainee’s Solitary Confinement”: This article appears today in The Washington Post.

Posted at 8:55 AM by Howard Bashman



In news and commentary from Erie, Pennsylvania: This blog has fallen a bit behind in covering the forthcoming federal criminal trial of former Pennsylvania Superior Court Judge Michael T. Joyce.

Last month, The Erie Times-News published articles headlined “Debate over venue; Prosecutor fights Joyce’s change-of-venue bid” and “Linchpin in Joyce case; Defense wants evidence released to help clear former judge.” The newspaper also published an editorial entitled “Joyce trial should stay in Erie.”

Posted at 8:40 AM by Howard Bashman



“Porn videomaker’s trial goes to jury”: Today’s edition of The St. Petersburg Times contains an article that begins, “Jurors will begin deliberating today about whether the violent and graphic pornography produced by a California man violates local community standards and federal obscenity laws.”

Posted at 8:17 AM by Howard Bashman



“Killer’s execution delayed; Texas lethal injection was to resume, but Harris County inmate gets new stay”: This article appears today in The Houston Chronicle.

Posted at 8:07 AM by Howard Bashman



“Opposing views on path to divorce”: Today in The Providence Journal, Edward Fitzpatrick has an article that begins, “The two women who sought Rhode Island’s first same-sex divorce agree that they want to end their marriage, but they disagree about how to do it. Margaret R. Chambers is seeking a divorce in Superior Court, while Cassandra B. Ormiston is now living in Massachusetts, waiting for a year to pass before she can get divorced there.”

Posted at 8:03 AM by Howard Bashman



Available online from law.com: Marcia Coyle reports that “High Court Hasn’t Closed the Book on Retaliation.”

And the new installment of my “On Appeal” column is headlined “Should an Appellate Judge Join in a Decision He Disagrees With to Diminish its Impact?” It begins, “I’ve recently begun reading 7th Circuit Judge Richard A. Posner’s newest book, ‘How Judges Think.’ It’s too soon to tell how many installments of my ‘On Appeal’ column the book will spawn, but the topic of this week’s column arises from the book’s introduction, in which Posner writes that ‘A judge might join the majority opinion in a case not because he agreed with it but because he thought that dissenting publicly would magnify the effect of the majority opinion by drawing attention to it.'”

Posted at 8:00 AM by Howard Bashman