How Appealing

Tuesday, April 28, 2009

“Federal court restores torture flight lawsuit against San Jose company”: Howard Mintz of The San Jose Mercury News has an update that begins, “A federal appeals court today reinstated a lawsuit against a San Jose-based company accused of participating in the CIA’s so-called ‘torture flights,” rejecting the Obama administration’s argument that it would expose national security secrets.”

And The Associated Press reports that “Fed court revives rendition lawsuit against Boeing.”

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

Posted at 2:54 PM by Howard Bashman

“Business Downturn: As the market tumbles, so does the corporate pre-emption defense.” David G. Savage will have this article in the May 2009 issue of ABA Journal magazine.

Posted at 2:50 PM by Howard Bashman

“Supreme Court Rules that Government Can Fine for ‘Fleeting Expletives'”: Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court upholds regulation of ‘indecent’ language on TV; In a 5-4 decision, the court rules the FCC has the authority to crack down on the ‘foul-mouthed glitteratae from Hollywood’; The ruling allows huge fines on broadcasters for airing a single expletive.”

Jess Bravin and Amy Schatz of The Wall Street Journal have a news update headlined “Court Upholds FCC ‘Fleeting Expletive’ Rule.”

Greg Stohr of Bloomberg News reports that “FCC Ban on Expletives Revived by U.S. Supreme Court.”

James Vicini of Reuters reports that “U.S. top court upholds TV profanity crackdown.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “No Expletives, Fleeting or Otherwise, Uttered by Scalia.”

Posted at 2:33 PM by Howard Bashman

“Sources: Sen. Specter intends to switch parties.” The Associated Press has a report that begins, “Several officials say veteran Republican Sen. Arlen Specter of Pennsylvania intends to switch parties, advancing his own hopes of winning a new term next year while pushing Democrats one step closer to a 60-vote filibuster-resistant majority.”

Bloomberg News reports that “Senator Arlen Specter to Seek Re-Election as a Democrat.”

Reuters reports that “Sen. Specter changing to run as a Democrat.”

The “From The Source” blog of The Philadelphia Inquirer has a post titled “Arlen Specter to switch to Democratic party.”

“The Caucus” blog of The New York Times has a post titled “Specter To Switch Parties.”

And “The Fix” blog of The Washington Post has a post titled “Specter To Switch Parties.”

You can access the web site of U.S. Senator Arlen Specter (?-PA) at this link.

Posted at 12:17 PM by Howard Bashman

Access online today’s opinions of the U.S. Supreme Court in argued cases: The Court today issued a 5-4 ruling in FCC v. Fox Television Stations, Inc., No. 07-582, also known as the “fleeting expletives” case. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice Thomas also issued a concurring opinion. Justice Kennedy also issued an opinion concurring in part and concurring in the judgment. Justices John Paul Stevens and Ruth Bader Ginsburg each issued dissenting opinions. And Justice Stephen G. Breyer issued a dissenting opinion in which Justices Stevens, David H. Souter, and Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link. This blog’s earlier coverage of the oral argument can be accessed here and here.

Today’s second ruling issued in Cone v. Bell, No. 07-1114. Justice Stevens delivered the opinion of the Court, in which Justices Kennedy, Souter, Ginsburg, and Breyer joined. The Chief Justice issued an opinion concurring in the judgment. Justice Alito issued an opinion concurring in part and dissenting in part. And Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the ruling at this link and the oral argument transcript at this link.

At “SCOTUSblog,” Lyle Denniston has a post titled “Court partly upholds ‘dirty words’ ban.”

And in early news coverage, The Associated Press reports that “FCC ‘fleeting expletives’ policy in — for now” and “Court rules for Tenn. death-row inmate.”

Posted at 10:20 AM by Howard Bashman

“‘I pity the fool’: Mr. T on jury duty; Star wows the crowd — including defendant’s family — but is not chosen.” This article appears today in The Chicago Sun-Times.

Posted at 9:40 AM by Howard Bashman

“Who attended ‘torture’ briefings? A GOP lawmaker wants to know; Rep. Peter Hoekstra seeks full disclosure about who on Capitol Hill knew about US interrogation methods — a move that may put certain Democrats on the spot.” Gail Russell Chaddock of The Christian Science Monitor has this report.

Today’s edition of The New York Times contains an article headlined “How ’07 ABC Interview Tilted a Torture Debate.”

And today in The Wall Street Journal, columnist William McGurn has an op-ed entitled “Torture and the ‘Truth Commission’: Why has Congress failed to outlaw waterboarding?

Posted at 9:37 AM by Howard Bashman

“A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry”: This article appears today in The New York Times.

Today’s edition of The Kansas City Star contains an article headlined “Gay couples line up to wed in Iowa.”

The Des Moines Register contains articles headlined “Wedding-day wait ends for same-sex couples“; “Governor says opposition to amendment is consistent with pledge“; “Couples halted in ’07 resume plans“; “Protesters are quiet in expressing views“; and “Day’s events lead up to parties statewide.”

And in news from Connecticut, The Hartford Courant reports that “Phelps’ Westboro Baptist Church To Protest Gay Marriage Law.”

Posted at 9:24 AM by Howard Bashman

“An ‘Appropriate’ Education — A Supreme Court case highlights a question: Why deny D.C. children what special-needs students get?” The Washington Post contains this editorial today.

Posted at 8:55 AM by Howard Bashman

“When Banks Discriminate”: Today’s edition of The New York Times contains an editorial that begins, “The Supreme Court hears arguments on Tuesday in a case that gives the justices a particularly timely chance to allow state officials to act when national banks break the law.”

Posted at 8:30 AM by Howard Bashman

“Is It a Violation of Privacy Law to Reproduce a MySpace Posting in a Context Where the Very People It Targets Will See It? A California Court Says No, But Allows An Intentional Infliction of Emotional Distress Claim to Stand.” Julie Hilden has this essay online at FindLaw.

Posted at 8:05 AM by Howard Bashman