How Appealing



Wednesday, February 18, 2009

“The Constitution does not give anyone the right to be armed while committing a felony, or even to have guns in the next room for emergency use should suppliers, customers, or the police threaten a dealer’s stash.” So writes Chief Judge Frank H. Easterbrook on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in an opinion issued today.

The opinion rejects a home-based drug dealer’s argument that his Second Amendment right to self-defense should result in overturning his conviction on a charge of possessing firearms in furtherance of a drug-trafficking offense.

Posted at 3:37 PM by Howard Bashman



“Uighur detainees at Guantanamo pose a problem for Obama; The administration, already viewed with suspicion by Beijing, doesn’t want to send the soon-to-be-freed ethnic separatists back to China — which is demanding just that”: This article appears today in The Los Angeles Times.

Posted at 1:50 PM by Howard Bashman



“Court Reverses Ruling Bringing 17 Detainees to U.S.” The Washington Post has a news update that begins, “A federal appeals court this morning blocked the transfer to the United States of a small band of Chinese Muslims held at the U.S. military prison at Guantanamo Bay, Cuba.”

Marisa Taylor of McClatchy Newspapers reports that “Appeals court blocks release of Guantanamo detainees into U.S.

The Associated Press reports that “Court reverses ruling bringing 17 detainees to US.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Uighurs barred from U.S.

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

Posted at 12:23 PM by Howard Bashman



“House OKs anti-abortion legislation”: The Bismarck (N.D.) Tribune today contains an article that begins, “A fertilized human egg has the same rights as a human being under a bill passed by House lawmakers on Tuesday, potentially setting the legal framework for a ban on abortion in North Dakota.”

The Forum of Fargo, North Dakota reports today that “ND House passes bill challenging Roe ruling; Law could cost state $5 million to $8 million.”

And The Associated Press reports that “ND measure says fertilized egg has human rights.”

Posted at 11:00 AM by Howard Bashman



“The Navajo Nation Case, Which the Supreme Court May Soon Review, and How It Reveals the Complex Balance Envisioned by the Religious Freedom Restoration Act”: Vikram David Amar and Alan Brownstein have this essay online at FindLaw.

Posted at 7:54 AM by Howard Bashman



Tuesday, February 17, 2009

“Judge denies Kent’s request on obstruction charge”: Mary Flood of The Houston Chronicle has a news update that begins, “U.S. District Judge Samuel Kent on Tuesday failed to get his obstruction of justice charge either dismissed or pulled out into a separate trial. Kent had asked Senior U.S. District Judge Roger Vinson of Florida, who is presiding in the case, to drop the charge that Kent lied to a judicial panel investigating a complaint that Kent abused a female employee. Vinson refused. Kent is still scheduled to be tried starting Monday on six felony charges — five felony charges of sexual abuse of female employees and one charge of obstructing justice.”

Posted at 11:12 PM by Howard Bashman



“Obama’s War on Terror May Resemble Bush’s in Some Areas”: Charlie Savage will have this article Wednesday in The New York Times.

Posted at 11:04 PM by Howard Bashman



“Md. Death Penalty No Easy Target; Public Opinion, Legislative History Against O’Malley”: Wednesday’s edition of The Washington Post will contain an article that begins, “As he asks lawmakers today to support his bill to repeal Maryland’s death penalty, Gov. Martin O’Malley (D) will be heading down a road rife with political pitfalls with no clear path toward success.”

Posted at 10:57 PM by Howard Bashman



Second Circuit rejects arguments that New York City regulations requiring certain restaurants to post calorie content information on their menus are preempted by federal law or in violation of the restaurants’ First Amendment rights: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Today’s ruling thus affirms a federal district court’s decision that had refused to issue a preliminary injunction prohibiting enforcement of the regulations at issue.

Posted at 10:45 AM by Howard Bashman



“Utah artist feels impact of high court decision”: Online at the First Amendment Center, David L. Hudson Jr. has an essay that begins, “As predicted by some legal experts, last month’s Supreme Court ruling in a search-and-seizure case is already having an impact on First Amendment law. The high court changed the equation for application of the qualified-immunity doctrine, which provides that government officials are not liable for constitutional violations unless they violate clearly established constitutional or statutory law.”

Posted at 9:15 AM by Howard Bashman



“Law School hosts Internet speech conference”: Yesterday’s issue of The Yale Daily News contained an article that begins, “A case pitting Connecticut public school administrators against a high school student’s personal blog took center stage at a Yale Law School conference on free speech over the weekend.”

Posted at 9:10 AM by Howard Bashman



“A nasty privilege, reasserted”: The Boston Globe today contains an editorial that begins, “The Obama administration parroted the Bush administration last week in asserting a state-secrets privilege in a civil suit involving so-called ‘extraordinary rendition’ and the torture of terrorist suspects. The move was a grave mistake.”

Posted at 9:07 AM by Howard Bashman



“Senators Seek Ethics Findings; Investigation Focuses on Opinions Issued in Bush Administration on Torture”: This article appears today in The Washington Post.

Posted at 8:40 AM by Howard Bashman



“Texas lawmaker moves to impeach appeals judge”: The Associated Press has a report that begins, “A Texas lawmaker is trying to impeach a high-court judge who refused to keep court offices open after regular business hours to allow the filing of a late appeal in a death penalty case. The inmate was executed later that night. Rep. Lon Burnam filed a resolution Monday seeking to start the process against Court of Criminal Appeals Judge Sharon Keller.”

And The Fort Worth Star-Telegram reports today that “Fort Worth lawmaker seeks impeachment of appeals court presiding judge.”

Posted at 8:23 AM by Howard Bashman



“Huey Elected Head of Harvard Law Review”: The Harvard Crimson today contains an article that begins, “The Harvard Law Review, one of the nation’s most prestigious legal journals, elected second-year law student Joanna N. Huey ’06 as its 123rd president earlier this month.”

And last Thursday, Harvard Law School issued a news release titled “Huey elected president of the Harvard Law Review.”

Posted at 8:17 AM by Howard Bashman



“Investigate Bush? U.S. has bigger woes to worry about; Wide-open probe would distract nation from more urgent matters.” Today’s edition of USA Today contains this editorial.

In response to that editorial, the newspaper also contains an op-ed by U.S. Representative John Conyers, Jr. (D-MI), chairman of the House Judiciary Committee.

And today in The Washington Post, David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled “A Truth Commission? The Danger in Democrats’ Rush to Investigate.”

Posted at 8:00 AM by Howard Bashman



“Bay State’s top jurist says courts are in crisis; SJC’s Marshall warns of ‘painful choices'”: The Boston Globe contains this article today.

Posted at 7:55 AM by Howard Bashman



“Kansan’s discharge heightens debate on ‘don’t ask, don’t tell’ policy”: This article appeared yesterday in The Kansas City Star.

Posted at 7:50 AM by Howard Bashman



“At the Supreme Court, a case with the feel of a best seller; Like a Grisham novel, W.Va. dispute examines conduct of elected judges”: Joan Biskupic has this front page article today in USA Today.

Posted at 7:48 AM by Howard Bashman



“Valdez tax case winds up before US Supreme Court; Shipping company says tariff is unconstitutional”: This article appears today in The Anchorage Daily News.

Posted at 7:45 AM by Howard Bashman



“Obama seeks delay in deciding on Rove subpoena”: Marisa Taylor and Margaret Talev of McClatchy Newspapers have an article that begins, “The Obama administration is asking for two more weeks to weigh in on whether former Bush White House officials must testify before Congress about the firings of nine U.S. attorneys.”

Posted at 7:44 AM by Howard Bashman



Monday, February 16, 2009

“Despite Obama pledge, Justice defends Bush secrets”: The Associated Press has a report that begins, “Despite President Obama’s vow to open government more than ever, the Justice Department is defending Bush administration decisions to keep secret many documents about domestic wiretapping, data collection on travelers and U.S. citizens, and interrogation of suspected terrorists.”

Posted at 1:44 PM by Howard Bashman



“The Hard Cases: Will Obama institute a new kind of preventive detention for terrorist suspects?” Jane Mayer has this article in the February 23, 2009 issue of The New Yorker.

The article begins, “The last ‘enemy combatant’ being detained in America is incarcerated at the U.S. Naval Consolidated Brig in Charleston, South Carolina–a tan, low-slung building situated amid acres of grassy swampland. The prisoner, known internally as EC#2, is an alleged Al Qaeda sleeper agent named Ali Saleh Kahlah al-Marri. He has been held in isolation in the brig for more than five years, although he has never stood trial or been convicted of any crime. Under rules established by the Bush Administration, suspected terrorists such as Marri were denied the legal protections traditionally afforded by the Constitution. Unless the Obama Administration overhauls the nation’s terrorism policies, Marri–who claims that he is innocent–will likely spend the rest of his life in prison.”

Posted at 10:00 AM by Howard Bashman



Sunday, February 15, 2009

“Reports show Benjamin, Blankenship connections”: This article appears today in The Sunday Gazette-Mail of Charleston, West Virginia.

Posted at 3:44 PM by Howard Bashman