How Appealing

Thursday, April 2, 2009

“Fed. judge says courts can handle Gitmo cases”: The Associated Press has a report that begins, “A federal judge who presided over the trial of a 9/11 conspirator said Thursday that civilian courts are capable of handling the cases of Guantanamo Bay detainees.”

Posted at 5:45 PM by Howard Bashman

“Justice Thomas on Rights, Law School, and Tough Cases”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 3:20 PM by Howard Bashman

Pardon me, Governor: Should federal courts be able to set timetables for action on clemency petitions by state governors? “No” is the answer that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit supplied today.

That court’s opinion, written by Circuit Judge Richard A. Posner, concludes: “Federal courts have run prisons, school systems, police and fire departments, and other state and local agencies found to have engaged in unconstitutional conduct. But for a federal court to run a governor’s pardon system would be a step too far.”

Posted at 1:55 PM by Howard Bashman

“Iowa Supreme Court ruling on gay marriage set for release Friday”: The Des Moines Register has a news update that begins, “A long awaited and significant Iowa Supreme Court case ruling on same-sex marriage will be released tomorrow, likely at 8:30 a.m. The case, Varnum vs. Brien, involves six same-sex Iowa couples who sued Polk County Recorder Timothy Brien in 2005, after his office denied them marriage licenses. Polk County District Judge Robert Hanson sided with the couples in a ruling last year, but he suspended his decision until the high court speaks.”

And The Associated Press reports that “Iowa Supreme Court to release gay marriage ruling.”

When the Supreme Court of Iowa posts the ruling online tomorrow, you should be able to access the decision via this link.

Posted at 1:50 PM by Howard Bashman

“Little Rock school desegregation order upheld”: The Associated Press has a report that begins, “A federal appeals court on Thursday upheld a judge’s ruling that the Little Rock School District has met terms of a long-standing desegregation order.”

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

My earlier coverage of the federal district court ruling that the Eighth Circuit affirmed today can be accessed at this link.

Posted at 1:45 PM by Howard Bashman

“State high court asked to rule on tobacco suit”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court asked California’s highest court Wednesday to decide whether a Bay Area woman with terminal lung cancer waited too long to sue tobacco companies because she had been diagnosed with lesser illnesses many years earlier.”

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

Posted at 11:17 AM by Howard Bashman

“The Strategic Content Model of Supreme Court Opinion Writing”: Yonatan Lupu and James H. Fowler have posted online at SSRN a paper whose abstract begins, “The Supreme Court’s reasoning in a decision, including the precedent it cites in support of that reasoning, can be as significant as the outcome in determining the long-term impact of a case. As a result, the content of opinions can be used to provide important new insights into existing debates regarding judicial politics. In this article we present a strategic content model of the judicial process, which demonstrates how opinion content results from the strategic interaction between justices during the Court’s bargaining process.”

Posted at 10:20 AM by Howard Bashman

“King County asks state high court to void records ruling”: The Seattle Times today contains an article that begins, “King County has asked the state Supreme Court to vacate a landmark public-records decision issued earlier this year, alleging that Justice Richard Sanders — who wrote the majority opinion — ‘stood to personally gain’ from that decision.”

Posted at 8:22 AM by Howard Bashman

“Former N.J. Supreme Court justice O’Hern dies; Red Bank native was nominated by Gov. Byrne in 1981 and served until 2000”: This article appears today in The Newark (N.J.) Star-Ledger.

Posted at 8:17 AM by Howard Bashman

“N.J. Supreme Court is expected to rule on witness intimidation”: The Associated Press has a report that begins, “New Jersey’s Supreme Court is expected to rule today in a case that examines the issue of witness intimidation in criminal trials.”

After the ruling issues, it will be available via this link.

Posted at 8:15 AM by Howard Bashman

From the April 1, 2009 issue of The Harvard Law Wrecker:Obama Nominates Obama; Michelle Obama ’88 becomes first First Lady, first African-American Woman, Latest HLS Graduate Nominated to Highest Court“;

Scalia’s time machine fails; jurist forced to call Constitution ‘living document’; Severance of Crucial Link to Founders’ Intent Sinks ‘Method of Originalism’“; and

Tribe publishes yet another long book nobody reads; Reviews Uniformly Hail Work as ‘Breathtaking.’

Posted at 8:11 AM by Howard Bashman

“Holder’s bold stroke”: At, Josh Gerstein has an article that begins, “Eric Holder’s decision to drop the Ted Stevens case is just the kind of bold stroke longtime critics of the Bush Justice Department wanted from the new attorney general. In one move, he issued a sharp rebuke to a high-profile Bush-era prosecution and asserted his authority over the department.”

Posted at 8:05 AM by Howard Bashman

“Hoosier’s hearing boycotted”: The Indianapolis Star today contains an article that begins, “Republicans on the Senate Judiciary Committee boycotted Wednesday’s confirmation hearing of Hoosier David Hamilton to serve on the U.S. Court of Appeals for the 7th Circuit. Pennsylvania Sen. Arlen Specter, the panel’s top Republican, said lawmakers were given ‘grossly insufficient time’ to prepare for the hearing.”

The Journal Gazette of Fort Wayne, Indiana reports today that “Lugar, Bayh praise judicial pick.”

The Deseret News reports that “Hatch protests fast hearings.”

And The Associated Press reports that “Many Republicans boycott judicial nominee hearing.”

Posted at 7:50 AM by Howard Bashman