How Appealing



Friday, November 21, 2008

“Mukasey Collapses During Address in Washington; Hospitalized Overnight”: The Washington Post provides this news update.

The Associated Press reports that “Mukasey takes get-well call from Bush.”

The Los Angeles Times reports today that “Mukasey collapses during speech; The attorney general is hospitalized, his condition unclear.”

The Washington Times reports today that “Mukasey collapses during D.C. speech; ‘Alert’ and talking at hospital.”

USA Today reports that “Mukasey falls unconscious during speech.”

In The Wall Street Journal, Evan Perez reports that “Attorney General Mukasey Collapses During Speech.”

Also today in The Wall Street Journal, Attorney General Michael B. Mukasey has an op-ed entitled “Al Qaeda Detainees and Congress’s Duty: Habeas corpus hearings could set terrorists free inside the U.S.

Posted at 8:55 AM by Howard Bashman



“Court Says Shell Can’t Drill Near Alaska”: Today’s edition of The New York Times contains an article that begins, “A federal appeals court on Thursday blocked Royal Dutch Shell from drilling oil wells off Alaska’s North Slope after finding that the Interior Department had failed to conduct an environmental study before issuing the company’s drilling permit.”

The Los Angeles Times reports today that “Appeals court rules against Arctic drilling plan; In a 2-1 decision, the court orders a more thorough environmental review of the proposed offshore oil drilling project’s effect on fish and endangered bowhead whales.”

The Associated Press reports that “Court orders review of Beaufort drilling plan; Federal appeals court orders more agency review of Shell drilling plans in Beaufort Sea.”

And Reuters reports that “Court voids Shell’s Beaufort Sea drilling plan.”

You can access yesterday’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:50 AM by Howard Bashman



“Judge Declares Five Detainees Held Illegally”: The New York Times today contains an article that begins, “A federal judge issued the Bush administration a sharp setback on Thursday, ruling that five Algerian men have been held unlawfully at the Guantanamo Bay detention camp for nearly seven years and ordering their release.”

In The Los Angeles Times, David G. Savage reports today that “Judge orders release of 5 Guantanamo prisoners; The government’s case against five Algerian natives, accused of plotting with Al Qaeda, is weak, a federal judge in Washington says.”

The Washington Post reports that “5 at Guantanamo Ordered Released; Men Not Considered Enemy Combatants.” In addition, the newspaper contains an editorial entitled “‘Enough’: A court’s ruling exposes the travesty of holding ‘enemy combatants’ on flimsy — or nonexistent — evidence.” And Benjamin Wittes has an op-ed entitled “Wrenching Choices on Guantanamo.”

Jess Bravin of The Wall Street Journal reports that “Judge Orders 5 Gitmo Inmates Released.”

Marisa Taylor of McClatchy Newspapers reports that “Judge orders release of 5 Guantanamo detainees.”

And The Washington Times reports that “Federal judge orders five Gitmo detainees freed.”

You can access yesterday’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 8:35 AM by Howard Bashman



“Obama to delay repeal of ‘don’t ask, don’t tell’; Advisers see consensus building before lifting ban on gays”: This article appears today in The Washington Times.

Posted at 8:27 AM by Howard Bashman



“Insurer to seek Joyce payment; Erie Insurance wants restitution; State Farm’s plans remain unclear”: Today’s edition of The Erie (Pa.) Times-News contains an article that begins, “Michael T. Joyce, once one of the top legal authorities in the state, called his $390,000 settlement with Erie Insurance Group a contract. A jury of 12 ordinary citizens who examined Joyce’s claim in a federal courtroom called it a crime. Now Joyce faces the possibility of having to return the $390,000 to Erie Insurance, which said Thursday it will seek restitution.”

Posted at 8:17 AM by Howard Bashman



“Gay rights advocates forced to adjust agenda; Shift focus away from marriage to key civil rights”: This article appears today in USA Today.

The Miami Herald reports today that “Florida gay rights activists ready to fight threat to benefits; Gay rights activists are ready to go to court to defend domestic partnerships they say will be threatened by the new constitutional ban on same-sex marriage.”

The Hartford Courant reports that “Same-Sex Couples First Must Find A Willing And Able Cleric.”

The Christian Science Monitor contains an article headlined “California Supreme Court to hear challenges to gay-marriage ban; Opponents argue that the ballot initiative amounts to a revision of the state constitution.”

The Orange County Register reports that “Lawsuit to overturn Prop. 8 may face uphill battle; Although the state Supreme Court previously ruled in favor of gay marriage, the latest challenges face a tougher fight.”

And The New York Times contains a news analysis headlined “With Same-Sex Marriage, a Court Takes on the People’s Voice.”

Posted at 8:05 AM by Howard Bashman



“Transition team makes advisers on Constitution a priority”: Today in USA Today, Joan Biskupic has an article that begins, “Among the priorities of President-elect Barack Obama’s legal team is an obscure Justice Department division that tends to emerge into public view only when things go wrong. During the Bush years, it gained notoriety for memos giving interrogators wide latitude on using coercive techniques with foreign detainees.”

Posted at 8:02 AM by Howard Bashman



“A Federal District Judge’s Clash with a Repeat Litigant: An Unusual Case with Larger Ramifications For How We Define Justice and Fairness.” Edward Lazarus has this essay online at FindLaw.

Posted at 7:58 AM by Howard Bashman



“Federalist Society Panel Debates Discipline for Federal Judges”: A post yesterday evening at “The BLT: The Blog of Legal Times” begins, “When a federal judge messes up and has to be disciplined, how much does the public deserve to know? That was the question put to a panel of experts this afternoon at the Federalist Society’s 2008 National Lawyers Convention.”

Posted at 7:40 AM by Howard Bashman



Thursday, November 20, 2008

“Remarks Prepared for Delivery by Attorney General Michael B. Mukasey at the 2008 Annual Meeting of the Federalist Society”: CNN is reporting that Attorney General Michael B. Mukasey collapsed while delivering these remarks this evening. More details to follow.

The Associated Press provides a report headlined “Attorney General Mukasey collapses during speech” that begins, “Attorney General Michael Mukasey has collapsed during a speech and is being taken to a hospital. Associate Attorney General Kevin O’Connor says Mukasey began shaking during a speech to the Federalist Society and collapsed. He did not immediately regain consciousness.”

At Politico, Mike Allen has this report.

Evan Perez of The Wall Street Journal has a news update headlined “Attorney General Mukasey Collapses During Speech.”

And Bloomberg News reports that “U.S. Attorney General Mukasey Collapses During Speech.”

Posted at 10:30 PM by Howard Bashman



“Gableman lawyers cite First Amendment in defense of ad”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “Supreme Court Justice Michael Gableman went on the offensive Wednesday against a state Judicial Commission complaint that he knowingly ran a false ad before the April election in which he beat former Justice Louis Butler. In documents they filed, Gableman’s lawyers said a state Judicial Conduct Code rule that prohibits judicial candidates from knowingly running false or misleading claims, or misrepresenting their opponent, illegally infringes on the justice’s First Amendment right of free speech.”

Via WisPolitics.com, you can access the response online at this link.

Posted at 8:57 PM by Howard Bashman



“Misconduct charge dropped for judge’s donation”: The Salt Lake Tribune today contains an article that begins, “Utah’s chief federal judge, Tena Campbell, will not face punishment for breaking the rules by donating to Barack Obama’s presidential campaign. Because she admitted the error, promised to stop donating to candidates and publicly apologized, she will not face any serious sanction, according to Robert H. Henry, chief justice of the 10th Circuit Court of Appeals. Henry dropped a charge of judicial misconduct on Nov. 11, in a dismissal order that doesn’t name Campbell, but the series of events it describes matches her case.”

I have posted online at this link a copy of last week’s dismissal order.

Posted at 5:27 PM by Howard Bashman



“Judge’s nomination rejected; Utah Senate cites gun ruling — and his temper”: The Deseret News today contains an article that begins, “In a rare move, the Senate voted against the judicial confirmation of Robert Hilder, with a primary criticism being his anti-gun-rights rulings. The Senate voted 16-12 against confirmation for Hilder to Utah’s appellate bench, with one of the key criticisms being his ruling in favor of the University of Utah’s concealed weapons ban. Along with the gun ruling, Hilder was also criticized as being unable to control his temper, a problem Sen. Chris Buttars, R- West Jordan, said the judge displayed during a closed-door portion of hearings before the Senate Judicial Confirmation Committee.”

And The Salt Lake Tribune reports that “Senators reject Hilder for Court of Appeals.”

Posted at 5:20 PM by Howard Bashman



“3 men plead not guilty to digging up grave to have sex with dead woman”: The Associated Press provides this report. According to The AP’s report, the men should at least be lauded for having intended to practice safe necrophelia.

And in local coverage, The Telegraph Herald of Dubuque, Iowa today contains an article headlined “Judge: Corpse case trial will stay put; Lawyers say 3 men accused of digging up woman’s body won’t get an impartial jury in Grant County.”

Posted at 5:00 PM by Howard Bashman



Obviously, he chose the law firm that would be most supportive of his blogging-related intentions and his plans to start the latest law school-based U.S. Supreme Court clinic: At her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg has a post titled “Clement Decides.”

WSJ.com’s “Law Blog” offers a post titled “Former SG Paul Clement to Return to King & Spalding” consisting of a report from Jess Bravin.

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “King & Spalding Lands a Big Fish: Paul Clement.”

Of course, it’s pleasant news when “How Appealing” readers return to the ranks of the gainfully employed.

Posted at 4:48 PM by Howard Bashman



“Will Obama Have an Awkward Inaugural Moment?” Lawrence Hurley has this front page article today in The Daily Journal of California.

According to the article, “Obama will be the first-ever president to be sworn in by a chief justice whose confirmation he voted against.”

Posted at 4:40 PM by Howard Bashman



Programming note: A visit with co-counsel in a pending appeal will have me out of the office until later today. Additional posts will appear here this afternoon.

Posted at 8:02 AM by Howard Bashman



“Joyce guilty; Former state judge faces prison term”: The Erie (Pa.) Times-News today contains an article that begins, “He faces a likely prison sentence of four to five years. The federal government has the power to take his $360,000 Millcreek Township house and his $19,000 2003 Harley-Davidson motorcycle, as well as the money he spent on a personal plane and investments. With his conviction on federal mail-fraud and money-laundering charges on Wednesday, former state Superior Court Judge Michael T. Joyce, a former Erie County judge who rose to the top ranks of the state’s courts to preside over the liberty and property of others, now faces prison and financial ruin.”

Today in The Pittsburgh Tribune-Review, Jason Cato reports that “Former judge found guilty in fraud, money laundering case.”

Paula Reed Ward of The Pittsburgh Post-Gazette reports that “Fraud jury convicts ex-judge.”

And The Legal Intelligencer reports that “Former Judge Convicted for Lying About Injuries in Auto Accident.”

It will be interesting to see whether this former Pennsylvania intermediate state appellate court judge will hire an appellate lawyer to handle his appeal.

Posted at 8:00 AM by Howard Bashman



Wednesday, November 19, 2008

“Supreme Court Justice Gableman denies TV ad was misleading”: The Associated Press provides a report that begins, “A Wisconsin Supreme Court justice facing charges that he lied in a Willie Horton-style television ad said in court filings Wednesday there was nothing untruthful about the spot in question.”

Posted at 10:30 PM by Howard Bashman



“Prop. 8 gay marriage ban goes to Supreme Court; The California high court will review legal challenges to Prop. 8; A hearing is set for March. Prior to a ruling, gay weddings will not be allowed to resume”: Maura Dolan of The Los Angeles Times has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined “California Supreme Court to decide fate of Prop. 8 same-sex marriage ban.”

And Thursday’s edition of The New York Times will contain an article headlined “Top Court in California Will Review Proposition 8.”

Today’s order of the Supreme Court of California can be viewed at this link. The court also issued a news release titled “California Supreme Court Takes Action on Proposition 8; High Court Denies Requests to Stay Enforcement of Proposition 8 and Agrees to Decide Issues Arising Out of Proposition 8.”

Posted at 10:12 PM by Howard Bashman



“State Supreme Court to hear challenges to Prop. 8”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “The state Supreme Court plunged back into the same-sex marriage wars today, agreeing to decide the legality of a ballot measure that repealed the right of gay and lesbian couples to wed in California.”

And The Associated Press reports that “Calif. Supreme Court to take up gay marriage ban.”

Posted at 5:15 PM by Howard Bashman



“Joyce found guilty; sentencing set for March”: The Erie (Pa.) Times-News provides an update that begins, “Former state Superior Court Judge Michael T. Joyce will be sentenced March 10 in Erie for his conviction today on all the mail-fraud and money-laundering charges against him. Senior U.S. District Judge Maurice B. Cohill Jr. set the sentencing date after the verdict was announced in federal court in Pittsburgh about 4:05 p.m. Joyce was convicted of federal charges that he provided false information to get $440,000 from two insurance companies over injuries he said he suffered in a two-car crash in August 2001. He was also found guilty of charges of money laundering, based on the claims of the U.S. Attorney’s Office that he spent the insurance proceeds on a house, motorcycle and other luxury items.”

Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined “Ex-judge guilty in fraud case.”

And The Associated Press reports that “Ex-judge in Pa. guilty of fraud, money laundering.”

Posted at 4:35 PM by Howard Bashman



“Former Bethlehem Steel manager dies; City native’s son is Supreme Court justice”: The Tribune-Democrat of Johnstown, Pennsylvania today contains an obituary that begins, “Before John G. Roberts Sr. was known as the father of U.S. Supreme Court Chief Justice John Roberts, he was known in Johnstown as a steel man.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Father of Chief Justice Dies.”

Posted at 4:05 PM by Howard Bashman