How Appealing

Tuesday, November 18, 2008

“Recall specter hangs over high court as it considers Prop. 8 challenges; Backers of the measure banning gay marriage have said they will target justices who vote to overturn it; Legal scholars say the court has no clear path to tossing out Prop. 8”: Wednesday in The Los Angeles Times, Maura Dolan will have an article that begins, “Six months ago, California’s highest court discarded its reputation for caution and ended the state’s ban on same-sex marriage. Now the moderately conservative state Supreme Court is being asked to take an even riskier step — to overturn the November voter initiative that reinstated the gay-marriage ban and possibly provoke a voter revolt that could eject one or more of the justices from the bench.”

Posted at 11:18 PM by Howard Bashman

“Begich defeats Stevens in Senate race”: The Anchorage Daily News provides an update that begins, “Mark Begich has defeated Sen. Ted Stevens in the election for U.S. Senate.”

Wednesday’s edition of The New York Times will report that “Democrats Gain as Stevens Loses His Senate Race.”

And Wednesday’s edition of The Washington Post will report that “Vote Count Indicates Alaska’s Ted Stevens Will Lose Senate Seat; 85-Year-Old Was Longest-Serving Republican.”

This result assures the Democratic party at least 58 seats in the U.S. Senate, with the outcome of the voting in Georgia and Minnesota yet to be finally decided.

Posted at 10:33 PM by Howard Bashman

“Taxpayers will pay for Gonzales’ private attorney”: Marisa Taylor of McClatchy Newspapers has an article that begins, “The Justice Department has agreed to pay for a private lawyer to defend former Attorney General Alberto Gonzales against allegations that he encouraged officials to inject partisan politics into the department’s hiring and firing practices.”

Posted at 8:38 PM by Howard Bashman

“NH prescription privacy law upheld”: The Associated Press provides a report that begins, “A federal appeals court on Tuesday upheld the constitutionality of New Hampshire’s first-in-the-nation law that restricts drug company access to some information about doctors’ prescription writing habits. The ruling by the 1st U.S. Circuit Court of Appeals in Boston overturns a lower court decision that said the confidentiality law unconstitutionally infringed on free speech.”

Senior Circuit Judge Bruce M. Selya‘s majority opinion begins:

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire’s legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyberspace.

You can access today’s lengthy ruling by a partially divided three-judge First Circuit panel at this link.

Posted at 8:05 PM by Howard Bashman

The Hoya of Georgetown University interviews former Solicitor General Paul Clement: You can access the interview, posted online today, by clicking here.

Posted at 7:58 PM by Howard Bashman

“Chief justice’s father dies after long illness”: The Associated Press provides a report that begins, “The father of Chief Justice John Roberts died Tuesday after a long illness, the Supreme Court said.”

Posted at 7:50 PM by Howard Bashman

Legislators and their fondness for little Roman numerals: At “The Volokh Conspiracy,” Eugene Volokh has this post seeking the origin of the term “Romanette.”

Posted at 11:50 AM by Howard Bashman

“How the Second Amendment Was Restored: The inside story of how a gang of libertarian lawyers made constitutional history.” Brian Doherty will have this article in the December 2008 issue of Reason magazine.

Posted at 11:44 AM by Howard Bashman

“Scalia: Foreign law isn’t ours; At Houston gala, he criticizes courts that cite countries’ trends for rulings.” Mary Flood has this article today in The Houston Chronicle.

Posted at 11:40 AM by Howard Bashman

“Some Abortion Foes Shifting Focus From Ban to Reduction”: The Washington Post today contains a front page article that begins, “Frustrated by the failure to overturn Roe v. Wade, a growing number of antiabortion pastors, conservative academics and activists are setting aside efforts to outlaw abortion and instead are focusing on building social programs and developing other assistance for pregnant women to reduce the number of abortions.”

Posted at 11:33 AM by Howard Bashman

“Protests Over a Rule to Protect Health Providers”: Today in The New York Times, Robert Pear has an article that begins, “A last-minute Bush administration plan to grant sweeping new protections to health care providers who oppose abortion and other procedures on religious or moral grounds has provoked a torrent of objections, including a strenuous protest from the government agency that enforces job discrimination laws.”

Posted at 11:12 AM by Howard Bashman

“At trial, the district court ruled that the defendant’s counsel could not cross-examine a government witness about his swastika tattoos. We conclude that this restriction on the scope of cross-examination was a violation of the Confrontation Clause of the Sixth Amendment.” So holds the U.S. Court of Appeals for the Second Circuit in a ruling issued today. Unfortunately for the defendant, today’s Second Circuit ruling also holds that the error was harmless beyond a reasonable doubt.

Posted at 11:00 AM by Howard Bashman

“Cops: Business partner lured attorney to his killers.” Today’s edition of Newsday contains an article that begins, “The attorney who was shot dead in a Commack restaurant parking lot was lured there with the promise of new business by his neighbor and business partner, and then was killed in a botched robbery involving two accomplices, Suffolk police said Monday.”

Posted at 8:44 AM by Howard Bashman

Email subject line of the day: An email that arrived last night contained the subject line “I GOT A CERT GRANT B/C OF YOUR WEBSITE.” And a bit of digging reveals that the author of the email is indeed counsel of record in a case recently granted review by the U.S. Supreme Court. Anyhow, I’m glad to see that “How Appealing” is at least helping someone obtain Supreme Court review.

Posted at 8:35 AM by Howard Bashman

“Appeals panel upsets award for Medicare”: The Providence Journal today contains an article that begins, “A federal appeals panel ruled yesterday that the U.S. Department of Health and Human Services was right when it chose not to reimburse Rhode Island Hospital for time resident physicians spent doing research unrelated to patient care.”

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

Posted at 8:17 AM by Howard Bashman