How Appealing



Thursday, November 13, 2008

“Senate panel narrowly OKs appeals judge”: Today’s edition of The Salt Lake Tribune contains an article that begins, “A Senate committee on Wednesday narrowly recommended 3rd District Judge Robert Hilder for a seat on the Utah Court of Appeals after a second round of questions about his ruling allowing the University of Utah to ban guns on campus.”

And The Deseret News reports today that “Fight brewing over judicial nomination.”

Posted at 8:37 AM by Howard Bashman



“Former death row inmate, cleared by killer’s confession, now fights death penalty”: This article appears today in The Salt Lake Tribune.

Posted at 8:33 AM by Howard Bashman



“US appeals court hears arguments in ND hemp case”: The Associated Press provides a report that begins, “An attorney for two North Dakota farmers argued they should be able to grow industrial hemp under state regulations without fear of federal criminal prosecution.”

And The Minneapolis Star Tribune reports today that “Hemp growers take case to higher authority; Two North Dakota farmers are licensed to grow the legitimate, useful crop but are seeking a court’s validation.”

Posted at 8:30 AM by Howard Bashman



“Justices Grapple With Question of Church Monument as Free Speech Issue”: Adam Liptak has this article today in The New York Times. Yesterday, that newspaper contained a related editorial entitled “A Case of Religious Discrimination.”

Today in The Washington Post, Jerry Markon reports that “Display of Religious Tenets Debated.”

In USA Today, Joan Biskupic reports that “Lines drawn in monument case; Utah dispute may test church-state separation.”

In The Wall Street Journal, Jess Bravin has an article headlined “10 Commandments vs. 7 Aphorisms: A New Religion Covets Legitimacy.”

law.com’s Tony Mauro reports that “Supreme Court Justices Hear Arguments in Religious Monument Case.”

The Salt Lake Tribune reports that “Utah shrine fight could set national standard; The justices’ ruling in the spring could impact governments nationally.”

The Deseret News reports that “Top court ponders Pleasant Grove case.”

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled “Everything Vibrates: The Supreme Court grapples with the primordial ooze of the Summum case.”

Posted at 8:25 AM by Howard Bashman



“Tainted Justice”: The New York Times today contains an editorial that begins, “One lesson of the 2008 election season is the escalating threat to the integrity and independence of the justice system from big-money state judicial campaigns.”

Posted at 8:19 AM by Howard Bashman



“Bush, Out of Office, Could Oppose Inquiries”: Today in The New York Times, Charlie Savage has an article that begins, “When a Congressional committee subpoenaed Harry S. Truman in 1953, nearly a year after he left office, he made a startling claim: Even though he was no longer president, the Constitution still empowered him to block subpoenas.”

Posted at 8:17 AM by Howard Bashman



“Who Reigns in Succession Crisis? Confusion, Perhaps; Some Find Flaws in Laws on Who Assumes Power if Multiple Members of Government Become Incapacitated; President Armacost?” Ashby Jones has this article today in The Wall Street Journal.

Posted at 8:07 AM by Howard Bashman



Wednesday, November 12, 2008

The Review of Litigation of The University of Texas School of Law to hold symposium titled “The Rise of Appellate Litigators and State Solicitors General”: You can access the details here and here. It promises to be quite an interesting event.

Posted at 9:12 PM by Howard Bashman



“Justices in Commandments case ask: Where will it stop?” The Salt Lake Tribune provides this news update, along with an update headlined “Spotlight on Summum: Journey of one’s essence; Transference through mummification.”

The Deseret News has an update headlined “First Amendment on the line in Pleasant Grove monument case.”

And this evening’s broadcast of NPR’s “All Things Considered” contained audio segments entitled “Court Weighs Religious Monuments, Public Parks” (featuring Nina Totenberg) and “What Are The Seven Aphorisms?” RealPlayer is required to launch these audio segments.

Posted at 9:00 PM by Howard Bashman



“Ex-judge won’t testify in own defense”: Jason Cato of The Pittsburgh Tribune-Review has a news update that begins, “Defense lawyers for a former state Superior Court judge accused of insurance fraud rested their case without calling him to testify in his own defense.”

And The Erie (Pa.) Times-News has an update headlined “Joyce will not testify.”

Posted at 8:38 PM by Howard Bashman



“Human rights groups seek detainee truth commission; Human rights groups want next White House to order a subpoena-powered probe of Bush administration detention practices”: Carol Rosenberg of The Miami Herald has this news update.

The newspaper has posted the groups’ report at this link.

Posted at 8:23 PM by Howard Bashman



“Appeals court clears way for Rep. Jefferson trial”: The Associated Press has a report that begins, “A federal appeals court upheld bribery and other charges against Louisiana Democratic U.S. Rep. William Jefferson on Wednesday, clearing the way for a trial.”

And The Times-Picayune of New Orleans has a news update headlined “4th Circuit upholds corruption indictment of U.S. Rep. William Jefferson.”

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

Posted at 5:45 PM by Howard Bashman



“U.S. Supreme Court Lifts Restrictions on Navy Sonar”: Greg Stohr of Bloomberg News has this report.

James Vicini of Reuters reports that “Supreme court rules for Navy in whales-sonar case.”

Agence France-Presse reports that “Whales lose as top US court says Navy can keep sonar.”

At ABCNews.com, Ariane de Vogue reports that “Supreme Court Sides With U.S. Navy in Dispute Over Sonar Use, Whale Safety; Justices: National Security Strongly Outweighs Alleged Harm to Marine Mammals.”

And at her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg has a post titled “Sonar Over Whales.”

Posted at 1:38 PM by Howard Bashman



“U.S. Supreme Court OKs Navy use of sonar; In a defeat for environmentalists, justices say sonar does not have to be turned off when whales are near; Foes say sonar panics whales, makes their ears bleed and may spur them to beach themselves”: David G. Savage of The Los Angeles Times has this news update.

Posted at 11:45 AM by Howard Bashman



“Fate of religious monuments in justices’ hands; U.S. Supreme Court to hear Pleasant Grove’s Ten Commandments case”: The Salt Lake Tribune contains this article today.

The Deseret News reports today that “Pleasant Grove religious case in top court today.”

Mark Sherman of The Associated Press reports that “High court hears dispute over religious monument.”

Bill Mears of CNN.com reports that “2 religious groups take battle over monument to Supreme Court.”

And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Supreme Court Hears Religious Display Case” (RealPlayer required) featuring Nina Totenberg.

Posted at 7:50 AM by Howard Bashman



Tuesday, November 11, 2008

“Mormon town goes to US Supreme Court over free speech; A town in Mormon Utah has gone to the US Supreme Court to settle a constitutional battle over free speech against a tiny sect which mummifies pets”: This article appears Wednesday in The Telegraph (UK).

Posted at 11:25 PM by Howard Bashman



“Argument preview: Pleasant Grove City v. Summum.” Lyle Denniston has this post today at “SCOTUSblog.”

My first post at “How Appealing” about this litigation and the Summum religion appeared at this link on the night of July 19, 2002. Amazingly, over six years later, some of the links in that post continue to function today.

Posted at 2:45 PM by Howard Bashman



“Must cities accept donated monuments? High court to rule.” Michael Doyle of McClatchy Newspapers has an article that begins, “A monumental controversy may force Supreme Court conservatives to choose between veterans and public piety. In a closely watched case, justices will consider on Wednesday when cities and states can be compelled to display donated monuments that may contain religious messages. The resulting decision could shape what public parks look like nationwide.”

Posted at 11:27 AM by Howard Bashman