How Appealing



Thursday, February 26, 2009

“Montana church may shield donations to gay marriage ban; The Baptist church in East Helena isn’t obliged to make campaign finance disclosures because its support for the Montana Marriage Protection Amendment was ‘extremely minimal,’ an appeals court panel ruled”: Carol J. Williams has this article today in The Los Angeles Times.

The Associated Press provides a report headlined “Appeals court: State violated church’s rights.”

And law.com reports that “9th Circuit Backs Church on Disclosure of Donors to Campaign Against Gay Marriage.”

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

Posted at 2:28 PM by Howard Bashman



“Plaintiffs allege that, for the past ten years, members of the Pennsylvania Supreme Court have traded judicial decisions favorable to the Pennsylvania General Assembly in return for the legislature’s funding the state judiciary.” Today, however, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued a decision affirming the dismissal of the action due to plaintiffs’ lack of standing.

Because Pennsylvania’s Governor, Edward G. Rendell, is both a defendant in the lawsuit and the spouse of a judge currently serving on the Third Circuit, the three-judge panel that issued today’s ruling consisted entirely of federal appellate judges sitting by designation from other U.S. Courts of Appeals.

Posted at 1:30 PM by Howard Bashman



“Free the Bush memos: The Obama administration should make public the rest of the memos drafted by his predecessor’s Office of Legal Counsel.” Jameel Jaffer has this op-ed today in The Los Angeles Times.

Posted at 9:02 AM by Howard Bashman



“Qwest ex-CEO Nacchio loses appeal; Ordered to begin 6-year jail sentence”: This article appears today in The Denver Post, along with articles headlined “Nacchio case could spur others“; “Recovery of fees unlikely for Qwest; Nacchio’s final legal tally could be $75 million, but an expert says it might be ‘very tough’ to get any of it back“; and “Jurors’ Reaction: ‘Refreshing’ affirmation of judicial system.”

The Rocky Mountain News today contains articles headlined “Joe Nacchio’s conviction reinstated; Former Qwest CEO faces prison; Supreme Court his last chance” and “Getting on high court docket no easy task; Opinions mixed on case landing before justices.” In addition, Scott Robinson has an op-ed entitled “Nacchio’s number not up yet.”

And Al Lewis of Dow Jones Newswires has an essay entitled “A saga not near its end.”

My earlier coverage of yesterday’s en banc Tenth Circuit ruling appears at this link.

Posted at 9:00 AM by Howard Bashman



“Court Denies a Religion Its Monument in a Park”: Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that “City Can Reject Religious Display; Supreme Court Backs Utah Officials.”

In The Los Angeles Times, David G. Savage reports that “Supreme Court rejects free-speech argument for ‘Seven Aphorisms’ display; Monuments and statutes in public parks speak for the government and are not equivalent to a speaker standing in a public park voicing his views, justices rule unanimously in a Utah case.”

In USA Today, Joan Biskupic has an article headlined “Justices: City can refuse monument; Utah park doesn’t have to take marker from small religious sect.”

In The Wall Street Journal, Jess Bravin reports that “City Is Cleared to Reject a Religious Monument.”

In The Christian Science Monitor, Warren Richey reports that “Supreme Court rules Utah city can reject religious sect’s monument; Lawyers for the Summum religion had argued that its monument should be allowed in a public park where the Ten Commandments were already displayed.”

And law.com’s Tony Mauro reports that “Supreme Court Unanimous in Speech, Antitrust Rulings.”

Posted at 8:42 AM by Howard Bashman



“Supreme Court questions use of ID theft law against illegal workers; The justices appear sympathetic to an undocumented immigrant who claimed that he didn’t know his fake identification had an actual person’s Social Security number”: David G. Savage has this article today in The Los Angeles Times.

And today in The New York Times, Adam Liptak and Julia Preston have an article headlined “Supreme Court Hears Challenge to Identity-Theft Law in Immigration Cases.”

Posted at 8:33 AM by Howard Bashman



“N.J. high court divided on police car searches”: Today’s edition of The Philadelphia Inquirer contains an article that begins, “A divided New Jersey Supreme Court yesterday defined parameters for when police can search a car without a warrant, but the dissenting justices said the ruling created a legal ‘quagmire’ that would hinder officers.”

And The Newark (N.J.) Star-Ledger reports today that “Warrantless car search rules stand; Decision forms task force to study telephonic, electronic procedures.”

You can access yesterday’s 4-3 ruling of the Supreme Court of New Jersey at this link.

Posted at 8:27 AM by Howard Bashman



“Ruling near on privacy issues in Seroquel case”: The Philadelphia Inquirer today contains an article that begins, “Does the world have the right to know about negative studies on AstraZeneca’s potent antipsychotic drug Seroquel? Or whether company representatives promoted the drug for unapproved uses? And what about details of sexual relationships between Wayne Macfadden, AstraZeneca’s former U.S. medical director for Seroquel, and two women who researched and wrote papers supporting the drug’s safety and efficacy? A federal judge in Orlando may answer those questions as soon as today in a case stemming from personal-injury claims by 15,000 people that Seroquel triggered weight gain, diabetes, and other health problems.”

Posted at 8:21 AM by Howard Bashman



“Justice Dept. Nominee Avoids Confrontation at Hearing”: Today in The New York Times, Neil A. Lewis has an article that begins, “Newly changed political realities were on vivid display on Wednesday as the Senate Judiciary Committee met to question Dawn Johnsen, President Obama’s nominee to head the Office of Legal Counsel.”

And The Indianapolis Star reports today that “IU staffer’s ideals questioned; Law professor gets bipartisan scrutiny at hearing to lead Justice Department unit.”

Posted at 7:58 AM by Howard Bashman



“Chief Sachem Matthew Thomas says tribes will fight court ruling”: The Providence (R.I.) Journal today contains an article that begins, “Narragansett Chief Sachem Matthew Thomas vowed yesterday that his tribe along with others nationwide will go to Congress, the White House and even the United Nations in seeking to undo a U.S. Supreme Court decision that blocks the federal government’s ability to hold lands for certain tribes.”

Posted at 7:45 AM by Howard Bashman



Wednesday, February 25, 2009

“Justices sympathetic to immigrant in ID theft case”: Mark Sherman of The Associated Press has this report.

On today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg previewed the oral argument in an audio segment entitled “High Court Hears Illegal Worker’s ID Theft Case” (RealPlayer required).

And yesterday’s broadcast of NPR’s “Day to Day” contained an audio segment entitled “Targeting Illegal Immigrants Through ID Theft Laws” (RealPlayer required).

You can access the transcript of today’s U.S. Supreme Court oral argument in Flores-Figueroa v. United States, No. 08-108, at this link.

Posted at 10:17 PM by Howard Bashman



“Experts: Nacchio appeal not a certainty.” The Associated Press has a report that begins, “Legal analysts are divided over whether the Supreme Court would re-examine expert witness rules if former Qwest Communications chief Joe Nacchio appeals his conviction on $52 million worth of illegal stock sales.”

Posted at 6:27 PM by Howard Bashman



“Senators Question OLC Nominee on National Security”: At “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “The nominee to lead the Office of Legal Counsel faced questions today about the same set of issues that occupied the office under the Bush administration: the legal limits of the executive branch in preventing terrorism.”

Posted at 5:42 PM by Howard Bashman



“Posner writes faster than publishers can publish”: At the “Brainiac” blog of The Boston Globe, Christopher Shea has a post that begins, “How fast does the prolific law professor and appellate judge Richard Posner write? Faster than the Harvard University Press can edit.”

Posted at 4:52 PM by Howard Bashman



“U.S. Supreme Court hears arguments in ceded-lands dispute”: The Honolulu Advertiser has this news update, along with an update headlined “Hawaiians plan protests nationwide.” In addition, the print edition of today’s newspaper contains articles headlined “Hawaii ceded-lands bills differ on which properties OHA would get” and “Decision probably months away.”

The Honolulu Star-Bulletin has a news update headlined “Hawaiian protests coincide with Supreme Court hearing.”

And The Associated Press reports that “Hawaii argues over land dispute at Supreme Court.”

You can access the transcript of today’s U.S. Supreme Court oral argument in Hawaii v. Office of Hawaiian Affairs, No. 07-1372, at this link.

Posted at 3:44 PM by Howard Bashman



“Bar Association Recommends Akin Gump’s Millett for 4th Circuit”: This post appears today at “The BLT: The Blog of Legal Times.”

Posted at 3:32 PM by Howard Bashman



“U.S. Supreme Court sides with Pleasant Grove”: The Deseret News has an update that begins, “The U.S. Supreme Court has ruled unanimously that Pleasant Grove cannot be forced to place a Salt Lake City-based religious sect’s “Seven Aphorisms of Summum” in its park, even though the city already displays other religious monuments like the Ten Commandments. But an attorney for Summum told the Deseret News the fight was not over.”

David G. Savage of The Los Angeles Times has a news update headlined “Religious group’s monument does not fall under free speech; Utah city is not required to allow ‘Seven Aphorisms’ in park beside Ten Commandments, court rules.”

Robert Barnes of The Washington Post has a news update headlined “Court: Religious Group Does Not Have Right to Erect Monument in Utah Park.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Justice Alito ‘Imagines’ John Lennon.”

Posted at 3:24 PM by Howard Bashman



“Full court upholds Nacchio insider trading conviction”: The Denver Post has a news update that begins, “A federal appeals court in Denver today upheld Joe Nacchio’s criminal insider trading conviction, overturning an initial three-judge panel’s decision to grant the former Qwest chief executive a new trial.” An additional news update is headlined “Qwest unlikely to recapture Nacchio legal fees.”

The Rocky Mountain News has an update headlined “Court reinstates Nacchio’s insider trading conviction.”

The Associated Press reports that “Court reinstates conviction of former Qwest CEO.”

And Bloomberg News reports that “Nacchio’s Conviction, Prison Term Reinstated by Court.”

You can access at this link today’s 5-4 ruling of the en banc U.S. Court of Appeals for the Tenth Circuit.

Posted at 3:07 PM by Howard Bashman



“Court rules for Utah city in religious marker case”: The Associated Press provides a report that begins, “The Supreme Court has ruled unanimously that a small religious group cannot force a city in Utah to place a granite marker in a local park that already is home to a Ten Commandments display.”

Justice Samuel A. Alito, Jr. delivered the opinion of the U.S. Supreme Court today in Pleasant Grove City v. Summum, No. 07-665. Everyone other than Justice David H. Souter joined in Justice Alito’s opinion. Justice Souter issued an opinion concurring in the judgment. Justice John Paul Stevens issued a concurring opinion, in which Justice Ruth Bader Ginsburg joined. Justice Antonin Scalia issued a concurring opinion, in which Justice Clarence Thomas joined. And Justice Stephen G. Breyer issued a concurring opinion in which no one else joined. The oral argument transcript in the case can be accessed here.

At “SCOTUSblog,” Lyle Denniston has a post titled “Court allows religious monument.”

The Court today also issued its ruling in a second argued case, Pacific Bell Telephone Co. v. linkLine Communications, Inc., No. 07-512. Chief Justice John G. Roberts, Jr. issued the majority opinion, in which Justices Scalia, Kennedy, Thomas, and Alito joined. Justice Breyer issued an opinion concurring in the judgment, in which Justices Stevens, Souter, and Ginsburg joined. The oral argument transcript in the case can be accessed here.

Posted at 10:15 AM by Howard Bashman



“Horse-slaughtering plants endorsed by House”: Today’s edition of The Helena Independent Record contains an article that begins, “The Montana House Tuesday easily endorsed a bill to allow and encourage horse-slaughtering plants in the state, as supporters said it will address a national crisis of horse abandonment and bring jobs to Montana.”

Posted at 8:22 AM by Howard Bashman



“And Unequal Justice for Some”: The New York Times today contains an editorial that begins, “The Supreme Court hears arguments Wednesday in the case of an illegal immigrant who provided an employer with phony identification numbers.”

Posted at 8:20 AM by Howard Bashman



“Lawsuit Over Leaking Law School Library Dismissed”: The Hartford Courant today contains an article that begins, “A Superior Court judge in Waterbury has thrown out the state’s lawsuit against the contractors and designers who built the leaking University of Connecticut law school library, saying the legal action was filed beyond the time limit set by the state’s statute of limitations.”

Posted at 8:10 AM by Howard Bashman