How Appealing

Tuesday, January 27, 2009

If you are charged with this crime, you shall be guilty of a misdemeanor: A law phrased in those terms does not violate due process because it will not be enforced as written, the Supreme Court of Georgia ruled yesterday in an opinion that you can access here.

In news coverage of the ruling, Bill Rankin of The Atlanta Journal-Constitution reports today that “Court upholds marijuana law.”

Posted at 11:28 PM by Howard Bashman

“Supreme Court argument to be first for state’s AG; Justices agree to hear case on police interrogation”: The Maryland Daily Record provides this report.

Posted at 11:25 PM by Howard Bashman

“Supreme Court to hear Mohawk employee case; Firing, papers led to appeal”: This article appears today in The Atlanta Journal-Constitution.

Posted at 9:10 PM by Howard Bashman

Robert Barnes of The Washington Post chats about the U.S. Supreme Court, politics, and “two of the smartest guys who watch the court closely.” The transcript of his chat, which occurred earlier today at, can be accessed here.

Posted at 9:07 PM by Howard Bashman

“4th Amendment ruling could influence First Amendment law”: David L. Hudson Jr. has this essay online at the First Amendment Center.

Posted at 2:15 PM by Howard Bashman

“‘Skank’ update: hearing on discovery motion ‘adjourned’ until Feb. 23.” Ben Sheffner has this post at his “Copyrights & Campaigns” blog.

Posted at 2:14 PM by Howard Bashman

“[T]his case presents the novel issue of the extent to which a business employee may have standing to challenge a search of business premises generally.” An opinion that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today begins, “We must decide whether corporate executives may challenge a police search of company premises not reserved for the executives’ exclusive use.”

Posted at 2:04 PM by Howard Bashman

“Cheerleading is a contact sport, Wis. court rules”: The Associated Press provides a report that begins, “High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, the Wisconsin Supreme Court ruled Tuesday in a case being closely watched in the cheerleading world.”

You can access today’s ruling of the Supreme Court of Wisconsin at this link.

Posted at 2:00 PM by Howard Bashman

“Pa. Justices: OK to Execute ‘Mentally Deficient’ People.” Today’s edition of The Legal Intelligencer contains an article that begins, “In a decision that may prove to be a lightning rod in the debate over Pennsylvania’s use of the death penalty, the state Supreme Court has ruled that any criminal defendant with mental impairments, short of being legally defined as ‘mentally retarded,’ can be executed for capital offenses.”

Last Friday’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a concurring and dissenting opinion.

Posted at 10:34 AM by Howard Bashman

“Supreme Court to rule on lawyer requests; U.S. Supreme Court to rule how long counsel requests lasts”: The Baltimore Sun today contains an article that begins, “The U.S. Supreme Court agreed yesterday to consider how long a criminal suspect’s request for counsel during questioning can stand after a Maryland court ruled that years could pass.”

Posted at 9:00 AM by Howard Bashman

“11th Circuit Rejects Flag Pledge Case”: Today in the Fulton County Daily Report, Jonathan Ringel has an article that begins, “The 11th U.S. Circuit Court of Appeals on Monday said it would not revisit last year’s ruling that upheld a Florida school policy requiring students to get a parent’s permission to avoid having to recite the Pledge of Allegiance.”

My earlier coverage of yesterday’s Eleventh Circuit order appears at this link.

Posted at 8:58 AM by Howard Bashman

“Supreme Court rejects suit in Long Beach case; The decision, in a case where a man was wrongfully convicted of murder, broadens protections for district attorneys and other chief prosecutors”: David G. Savage has this article today in The Los Angeles Times.

Posted at 8:55 AM by Howard Bashman

“Reclaiming Justice: Barack Obama’s key legal picks signal a return to balance between security and the rule of law.” This editorial appears today in The Washington Post.

Posted at 8:40 AM by Howard Bashman

“Law school clinic wins case”: The Yale Daily News today contains an article that begins, “Last week, the U.S. Supreme Court handed the Yale Law School’s Supreme Court Clinic its first victory.”

Posted at 8:33 AM by Howard Bashman

“Afghan Prison Poses Problem in Overhaul of Detainee Policy”: This article appears today in The New York Times.

The Washington Post reports today that “E.U. Willing to Help U.S. on Guantanamo; But Many Nations Are Wary About Taking Inmates.” In addition, columnist Richard Cohen has an op-ed entitled “Torture? Prosecute Us, Too.”

Yesterday’s broadcast of NPR’s “Talk of the Nation” contained an audio segment entitled “Where Will The Detainees Go After Guantanamo?

Today in The Wall Street Journal, Bret Stephens has an op-ed entitled “Guantanamo Is No Blot on U.S. Honor: The president still hasn’t said where to hold the worst of the worst.”

And in The Boston Globe, Eric Fehrnstrom has an op-ed entitled “Guantanamo: A symbol of US resolve.”

Posted at 8:25 AM by Howard Bashman

“Court Expands Ability to Sue in Sexual Harassment Investigations”: Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that “Justices Back Worker In Retaliation Case; Narrow View of Bias Law Rejected.”

In The Los Angeles Times, David G. Savage reports that “Supreme Court rules for worker in retaliation lawsuit; A schools employee was fired after answering questions in an internal sexual harassment investigation of supervisor; Justices said a lower court’s ruling that only those filing complaints were protect.”

In The Wall Street Journal, Jess Bravin reports that “Justices Strengthen Position of Workers Who Oppose Bias.”

Warren Richey of The Christian Science Monitor reports that “In boost for workers, high court affirms shield from employer retaliation; The justices rule that civil rights law protects a woman who was fired after answering questions in a harassment probe.”’s Tony Mauro reports that “Supreme Court Justices Unanimous in Five Opinions.”

And yesterday evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Court Rules For Worker In Retaliation Case” (RealPlayer required) featuring Nina Totenberg.

Posted at 8:11 AM by Howard Bashman

“A Win for Free Speech Online”: The New York Times today contains an editorial that begins, “A 10-year campaign to censor the Internet ended last week when the Supreme Court refused to step in and save the Child Online Protection Act. Everyone can agree on the need to protect children from sexually explicit online material, but this misguided law tried to do it in ways that infringed on too much constitutionally protected free speech.”

Posted at 8:03 AM by Howard Bashman

“SJC to hear appeal by ex-priest in abuse case; Lawyers challenge accuser’s memory”: The Boston Globe contains this article today.

Posted at 7:55 AM by Howard Bashman

“Judge chastises federal attorney; Says prosecutor failed to disclose crucial evidence”: The Boston Globe today contains an article that begins, “The chief judge of the US District Court in Massachusetts is threatening to sanction a federal prosecutor for what he characterized as the latest ‘egregious failure’ of the US attorney’s office to disclose evidence that could have helped clear a defendant.”

Posted at 7:54 AM by Howard Bashman

“When Did Barack Obama Officially Become Eligible to Act as President? What the Oath ‘Do-Over’ Reveals About Legal Interpretation.” Michael C. Dorf has this essay online at FindLaw.

And on last night’s broadcast of the CBS program “Late Show with David Letterman,” the host began his opening monologue by joking that “It’s so cold outside that Justice Roberts screwed up while ordering chowder.” Letterman also discussed the oath gaffe with his first guest, NBC Nightly News anchor Brian Williams.

Posted at 7:40 AM by Howard Bashman