How Appealing

Wednesday, January 21, 2009

“Westar gets partial victory in Lake fees case”: The Associated Press provides a report that begins, “A federal appeals court has overturned a lower court’s ruling that forced Kansas utility Westar Energy Inc. to pay more than $3 million in overdue legal fees for a former executive facing criminal charges.”

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

Posted at 11:00 PM by Howard Bashman

“Obama Sworn In Again, Using the Right Words”: This article will appear Thursday in The Washington Post.

Margaret Talev of McClatchy Newspapers reports that “Obama retakes the oath of office after a busy first day.”

Reuters reports that “Obama takes oath again after inauguration mistake.”

Bloomberg News reports that “Obama Sworn in Again After Error in Yesterday’s Inauguration.”

And this evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Obama Retakes Oath Of Office” (RealPlayer required).

Posted at 10:12 PM by Howard Bashman

“Obama takes presidential oath — again”: The Associated Press has a report that begins, “Chief Justice John Roberts has administered the presidential oath of office to Barack Obama for a second time just to be on the safe side.” According to The AP’s report, “The chief justice and the president handled the matter privately in the Map Room on Wednesday night.”

Posted at 7:50 PM by Howard Bashman

“Holder confirmation hearing delayed a week”: provides a report that begins, “The initial confirmation vote for Eric Holder, President Barack Obama’s pick for attorney general, was postponed for a week Wednesday after a rancorous meeting of the Senate Judiciary Committee.”

David Lightman and Marisa Taylor of McClatchy Newspapers report that “Senate Republicans seek delay on Holder confirmation vote.”

And The Associated Press reports that “Holder vote delayed a week.”

Earlier today, I had a related post titled “Attorney General Mukasey may be gone, but he’s not forgotten.”

Posted at 3:44 PM by Howard Bashman

“No Problems With Today’s Oath at the Supreme Court”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 2:16 PM by Howard Bashman

“Supreme Court lets Internet porn law die; The measure, which never went into effect, was aimed at shielding children from sexually explicit websites; Judges had repeatedly blocked it on free-speech grounds”: David G. Savage of The Los Angeles Times has this news update.

Posted at 11:45 AM by Howard Bashman

Attorney General Mukasey may be gone, but he’s not forgotten: As the web site of the U.S. Department of Justice confirms, former U.S. District Judge Mark Filip is today serving as the Acting Attorney General pending the U.S. Senate‘s confirmation of Attorney General-designate Eric H. Holder.

Today, however, the U.S. Court of Appeals for the Second Circuit issued two rulings (here and here) in cases where the caption was titled “v. Mukasey.” And a footnote in the first of those two cases even goes so far as to say that the caption has been updated pursuant to Federal Rule of Appellate Procedure 43(c)(2) to reflect that Michael B. Mukasey is the current Attorney General. (It is also interesting to note, as that same opinion discloses, that an active judge serving on the Tenth Circuit recently sat by designation with the Second Circuit.)

Thus, the race continues to see which federal appellate court will be the first to issue a precedential ruling identifying as a party a successor to former Attorney General Mukasey.

Posted at 11:15 AM by Howard Bashman

“Judge grants Obama request to suspend Gitmo trial”: The Associated Press provides this report.

The Washington Post has a news update headlined “Judge Suspends Guantanamo Case at Obama’s Request.”

The New York Times has a news update headlined “Obama Orders Halt to Prosecutions at Guantanamo.”

Carol Rosenberg of The Miami Herald has a news update headlined “9/11 accused due in war court on Obama’s freeze order.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Obama starts acting on detainee cases.”

Posted at 10:48 AM by Howard Bashman

“Court won’t save porn law, alters immunity rule”: Lyle Denniston has this post at “SCOTUSblog.”

And in early news coverage, The Associated Press reports that “Supreme Court won’t revive online content law“; “Court rules for young girl in sex harassment case“; “Court sides with union in legal fees case“; “Court sides with police officers in search case“; and “Court reinstates Wash. murder conviction.”

And Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Won’t Revive Internet Pornography Measure” and “U.S. Supreme Court rejects Hamilton Bancorp ex-chairman’s appeal.”

The U.S. Supreme Court today issued four opinions in argued cases and one summary reversal.

The summary reversal issued in Spears v. United States, No. 08-5721. You can access the Court’s per curiam ruling at this link. The Chief Justice issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. Justice Clarence Thomas noted his dissent without opinion. And Justice Anthony M. Kennedy also did not join in the summary reversal, noting that he “would grant the petition for a writ of certiorari and set the case for oral argument.”

Justice Alito delivered the opinion for a unanimous Court in Fitzgerald v. Barnstable School Comm., No. 07-1125. You can access the ruling at this link and the oral argument transcript at this link.

Justice Alito also delivered the opinion for a unanimous Court in Pearson v. Callahan, No. 07-751. You can access the ruling at this link and the oral argument transcript at this link.

Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Locke v. Karass, No. 07-610. In addition, Justice Alito issued a concurring opinion, in which the Chief Justice and Justice Antonin Scalia joined. You can access the ruling at this link and the oral argument transcript at this link.

And Justice Thomas delivered the opinion of the Court in Waddington v. Sarausad, No. 07-772. Justice David H. Souter issued a dissenting opinion, in which Justices John Paul Stevens and Ruth Bader Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link.

Finally, today the Court also issued an Order List, which you can access at this link. Following more than eight pages of GVRs, the Court called for the views of the Solicitor General in one case.

Posted at 10:30 AM by Howard Bashman

“Fieger’s appeal of Michigan code rejected; Case not for federal court, judges rule”: This article appears today in The Detroit Free Press.

The Detroit News today contains an article headlined “Fieger’s suit dealt setback; Court: Challenge of Mich. attorney courtesy rules ‘lacked standing.’

And The National Law Journal reports that “High-profile Michigan attorney loses his ‘right to criticize judges’ lawsuit.”

My earlier coverage of yesterday’s Sixth Circuit ruling appears at this link.

Posted at 9:15 AM by Howard Bashman

“Justice Dept. snubs federal judge’s ruling”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “In a parting shot, the Bush administration’s Justice Department shrugged off a San Francisco federal judge’s order to make a classified document available to lawyers for an Islamic group challenging the legality of the outgoing president’s secret wiretapping program. National security officials, not judges, must decide whether private citizens – even those with security clearances – are entitled to see classified material, Justice Department lawyers said in a filing Monday night.”

And last night at’s “Threat Level” blog, David Kravets had a post titled “In Final Legal Act, Bush Appeals Spy Ruling.” You can view Monday night’s Justice Department filing at this link.

Posted at 9:05 AM by Howard Bashman

“Skilling seeks wider review”: The Houston Chronicle today contains an article that begins, “Former Enron Chief Executive Jeff Skilling’s lawyers have asked the full 5th U.S. Circuit Court of Appeals to hear his appeal arguments in light of a three-judge panel’s decision earlier this month to uphold all 19 of his convictions.”

Via’s “Law Blog,” you can access online both the petition for rehearing en banc and the petition for panel rehearing. The local rules of the U.S. Court of Appeals for the Fifth Circuit allow a party to separately file each type of rehearing petition instead of requiring that they both be combined in a single pleading.

Posted at 9:02 AM by Howard Bashman

“Portraits of the Supremes (not Diana Ross et al.) hanging in Landmark Center”: Last Friday, featured a post that begins, “Portraits of two famous Minnesota members of the U.S. Supreme Court — Chief Justice Warren Burger and Associate Justice Harry Blackmun — were unveiled today in downtown St. Paul. In addition to being colleagues on the high court, both grew up on St. Paul’s East Side.”

Posted at 8:50 AM by Howard Bashman

“He writes the rules that make their eardrums ring; In Colorado, Municipal Judge Paul Sacco has a special punishment for people who blast their stereos: a night listening to Barry Manilow.” The Los Angeles Times contains this article today.

Posted at 8:45 AM by Howard Bashman

“Courting Common Sense: Will the White House and Congress find a better way to nominate and confirm judges?” This editorial appears today in The Washington Post.

You can view a list of current federal judicial vacancies at this link and scheduled future federal judicial vacancies at this link.

Posted at 8:33 AM by Howard Bashman

“A Few Rough Patches for a Presidential Oath”: Today in The New York Times, Adam Liptak has an article that begins, “For a couple of smooth-talking constitutional experts, Chief Justice John G. Roberts Jr. and President Obama had a hard time getting through the constitutional oath of office.”

Today’s edition of The Washington Post contains an article headlined “After Flub, Experts Say, A Do-Over Couldn’t Hurt.”

In The Los Angeles Times, David G. Savage reports that “Obama, Chief Justice Roberts trip over oath; Both get the constitutional pledge slightly wrong, misplacing the word ‘faithfully’; And trivia buffs may have a gripe with Obama’s inauguration address.”

In USA Today, Joan Biskupic reports that “Oath of office gave Roberts some pauses.”

The San Francisco Chronicle reports that “Experts say Obama should retake the oath.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Was Obama’s oath valid?

Posted at 8:14 AM by Howard Bashman

“What the Audacity of Hope Looks Like From Behind Bars”: The Wall Street Journal today contains an article that begins, “The horses were grazing, and the rifles were stored in their armory racks. The inmates who normally tend crops weren’t working, so the officers who watch over them in the fields didn’t need horses or guns. Change, at least for a day, had come to the Louisiana State Penitentiary at Angola, the state’s maximum-security prison. On Tuesday, Warden Burl Cain gave the inmates the day off to watch Barack Obama take the oath of office. It was the first time in the prison’s history that inmates were free to watch a president being sworn in.”

Posted at 7:58 AM by Howard Bashman

“Obama seeks freeze in Guantanamo war court trial”: Today in The Miami Herald, Carol Rosenberg has an article that begins, “Just hours in office, President Barack Obama late Tuesday sought a 120-day freeze in the war crimes trial of alleged 9/11 mastermind Khalid Sheik Mohammed to give the new administration time to study ongoing war-on-terror prosecutions.” You can access the government’s motion at this link.

The Washington Post reports today that “Obama Seeks Halt to Legal Proceedings at Guantanamo.”

And The Associated Press reports that “Obama administration moves to suspend Gitmo trials.”

Posted at 7:50 AM by Howard Bashman