How Appealing

Tuesday, February 10, 2009

“Appeals court acquits man because he isn’t Indian”: The Associated Press provides a report that begins, “A federal appeals court Tuesday reversed the conviction of a Montana man imprisoned for assaulting a woman because the law under which he was charged required that he be an American Indian.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge Stephen Reinhardt wrote the majority opinion, in which Circuit Judge Sidney R. Thomas joined. Chief Judge Alex Kozinski wrote a blistering dissent.

Posted at 10:11 PM by Howard Bashman

“Judge: Force-feeding fine for Gitmo.” At, Josh Gerstein has an article that begins, “A federal judge ruled Tuesday that the U.S. government has the right to continue force-feeding hunger-striking prisoners at Guantanamo Bay — leaving it up to President Barack Obama whether to press on with the practice.” You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.

And Carol Rosenberg of The Miami Herald has a news update headlined “Guantanamo camps chief gets a promotion.”

Posted at 10:05 PM by Howard Bashman

“Kagan Confirmation Hearing Doubles as Vetting for Potential New Justice; Elena Kagan has been nominated to be solicitor general, but senators at her confirmation hearing sounded like they were questioning a possible replacement for Supreme Court Justice Ruth Bader Ginsburg”: provides this report.

And at CQ Politics, Keith Perine reports that “Path Seems Clear for Solicitor General Nominee, Other Top Justice Pick.”

Via C-SPAN, you can view archived video of today’s confirmation hearing before the Senate Judiciary Committee by clicking here. And “The BLT: The Blog of Legal Times” provides photos.

Posted at 4:30 PM by Howard Bashman

New York State’s highest court hears oral argument in Golden Gate Yacht Club v. Societe Nautique De Geneve: The oral argument is underway now, and you can view it live by clicking here (Windows Media Player required). [Update: The oral argument has concluded. Archived video should become available at the court’s web site sometime tomorrow.] Barry R. Ostrager is arguing for the appellee, while Maureen E. Mahoney is arguing for the appellant.

The Associated Press reports that “America’s Cup court case sails into final showdown.”

The article begins, “This isn’t quite what billionaire sailors and one-time pals Larry Ellison and Ernesto Bertarelli had in mind when they spoke in recent years about modernizing the stodgy old America’s Cup to the point that even landlubbers would embrace it. More than a year and a half after the spinnakers were doused following one of the most riveting regattas in the 158-year history of the America’s Cup, the future of the oldest trophy in international sports will be decided not by sailors splashed by sea spray, but by seven judges in a stately, columned courthouse in upstate New York.”

Posted at 2:10 PM by Howard Bashman

Listen online to yesterday’s Ninth Circuit oral argument in Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693: A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument yesterday in this case, in which the Obama Administration is persisting in the Bush Administration’s assertion of the “state secrets” doctrine in response to plaintiff’s claims of illegal rendition and torture.

You can access the oral argument audio by clicking here (Windows Media Player required).

Today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “New Administration Backs Bush Secrecy Policy” (RealPlayer required).

Last night, I had this post collecting press coverage of yesterday’s oral argument. Related recent earlier posts appear here, here, and here.

Posted at 9:33 AM by Howard Bashman

“Hawaii in Legal Spotlight: Ceded lands case headed to US Supreme Court at the end of the month.” Yesterday’s edition of The Molokai Dispatch contained this article.

Posted at 8:05 AM by Howard Bashman

“Suit claims paper broke its promise; Involved are attorney Robert L. Wolf, his former client, and Willamette Week”: This article appears today in The Oregonian.

Posted at 8:04 AM by Howard Bashman

“Texas SC says Astros pitcher can’t sue Detroit team over arm injury”: The Southeast Texas Record published this article last week.

Posted at 7:59 AM by Howard Bashman

“Harvard Dean, Chosen as Solicitor General, Goes Before Senators”: Robert Barnes has this article today in The Washington Post.

At, John Bresnahan has an article headlined “Is solicitor hearing a trial balloon?

And today in The Washington Times, Wendy E. Long has an op-ed entitled “Obama’s legal extremists.”

SCOTUSblog” is planning to provide live coverage of today’s confirmation hearing beginning at 10 a.m. eastern time. And the Senate Judiciary Committee is planning a live webcast of the hearing (RealPlayer required).

Posted at 7:40 AM by Howard Bashman