How Appealing



Sunday, April 5, 2009

Atlanta Braves 4, Philadelphia Phillies 1: After having attended the final Major League Baseball game in 2008 — in which the Phillies won the World Series — my son and I this evening attended the first Major League Baseball game in 2009, before which the Phillies raised the team’s 2008 World Series championship banner.

Tonight, however, did not end with a Phillies victory. If it’s any consolation, the Phillies also lost their season openers in 2007 and 2008, yet in both of those years the team won the National League East division.

Braves starter Derek Lowe pitched eight strong scoreless innings, and Braves rookie centerfielder Jordan Schafer, playing in his first Major League Baseball game, hit a home run in his first at bat and would have been perfect on the night but for a strike out to Phillies closer Brad Lidge, who pitched a scoreless top of the ninth inning for the Phillies in a non-save situation.

You can access the box score at this link, while wraps from MLB.com are available here and here.

My son and I are scheduled to be back at Citizens Bank Park on Tuesday night to see game two of the Phillies season.

Posted at 11:58 PM by Howard Bashman



Saturday, April 4, 2009

“Court allows Ford to investigate jury; Carmaker can put off $3 million award to paralyzed woman”: Today in The Austin American-Statesman, Chuck Lindell has an article that begins, “Ford Motor Co., fearing that it was duped into settling a lawsuit for $3 million, can withhold payment while it investigates suspicions of jury misconduct in a South Texas case, the state Supreme Court ruled Friday. Ford says a jury note to the judge — that asked, ‘What is the maximum amount that can be awarded?’ — fraudulently induced the car company to settle with Rosa Martinez, a Brownsville woman who was paralyzed from the neck down after a 2002 rollover wreck in a Ford SUV.”

Yesterday’s ruling of the Supreme Court of Texas consists of a majority opinion and a concurring opinion.

Posted at 9:07 PM by Howard Bashman



Friday, April 3, 2009

“Iowa Court Voids Gay Marriage Ban”: This article will appear Saturday in The New York Times.

Saturday’s edition of The Washington Post will report that “Iowa Legalizes Same-Sex Marriage; Ban Violated Constitutional Rights, State Supreme Court Rules.”

Bob Egelko of The San Francisco Chronicle has a news update headlined “Iowa high court backs same-sex marriage.”

And The Des Moines Register has news updates headlined “Hundreds rally to celebrate Supreme Court decision“; “People at Des Moines’ gay bars say cheers“; and “Gay marriage opponents push for action from lawmakers.”

Posted at 11:28 PM by Howard Bashman



“Baltimore Officer’s First Amendment Lawsuit Reinstated”: Saturday in The Washington Post, Jerry Markon will have an article that begins, “A federal appeals court has reinstated a lawsuit filed by a police officer who said he was fired because he gave information to a reporter, handing the media a rare victory in the legal battle over confidential sources.”

My earlier coverage of yesterday’s Fourth Circuit ruling appears at this link.

Posted at 11:18 PM by Howard Bashman



“‘Holy Hell’ Over Torture Memos: Attorney General Eric Holder wants to release classified Bush-era interrogation memos; But U.S. intel officials are fiercely lobbying the White House to block him from moving forward.” Michael Isikoff has this online exclusive at Newsweek’s web site.

Posted at 4:47 PM by Howard Bashman



“Court asked to block release of sex offenders”: The Associated Press has a report that begins, “The Obama administration is seeking to block the release of sex offenders who have completed their federal prison terms, despite federal court rulings invalidating a law allowing the indefinite commitment of ‘sexually dangerous’ prison inmates.”

Posted at 4:44 PM by Howard Bashman



“MoFo’s Brinkmann to Head DOJ’s Civil Appellate”: Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

Posted at 2:20 PM by Howard Bashman



“D.C. Vote Memo Called Informal; Holder’s Query Is Subject of Debate”: The Washington Post today contains an article that begins, “After receiving a legal memo that declared the pending D.C. voting rights bill unconstitutional, Attorney General Eric H. Holder Jr. reached out to another lawyer on whose judgment he had relied for years. Holder contacted Deputy Solicitor General Neal K. Katyal, who served as one of his advisers in the Justice Department during the Clinton era. Katyal gave Holder, who said he had already decided that the bill passed muster, an informal view that the measure could be defended in court if Congress passed it and the president signed it.”

Posted at 10:05 AM by Howard Bashman



BREAKING NEWS — “Iowa Supreme Court upholds Hanson’s ruling; marriage no longer limited to one man, one woman”: The Des Moines Register has this news update.

And The Associated Press reports that “Iowa court says gay marriage ban unconstitutional.”

Today’s ruling of the Supreme Court of Iowa can be accessed here. Because that court’s web site has been overwhelmed with visits this morning, I have posted a back-up copy of the ruling at this link.

The court’s unanimous ruling begins, “In this case, we must decide if our state statute limiting civil marriage to a union between a man and a woman violates the Iowa Constitution, as the district court ruled. On our review, we hold the Iowa marriage statute violates the equal protection clause of the Iowa Constitution. Therefore, we affirm the decision of the district court.”

Posted at 9:45 AM by Howard Bashman



“Baltimore judge nominated for U.S. appeals court; Andre M. Davis gets second shot at the seat”: This article appears today in The Baltimore Sun.

Posted at 9:14 AM by Howard Bashman



“Court tackles intimidation of witnesses; N.J. justices urge Legislature to protect threatened people”: Today’s edition of The Newark (N.J.) Star-Ledger contains an article that begins, “New Jersey’s highest court waded into the growing problem of witness intimidation yesterday, recommending the Legislature create a law denying defense lawyers the right to cross-examine people who had been threatened. The state Supreme Court recommended lawmakers enact a measure saying the statement of an intimidated witness — taken earlier by police or prosecutors — could be used at trial, even if the person had become too frightened to take the stand.”

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

Posted at 9:05 AM by Howard Bashman



“LR schools declared desegregated”: Today’s edition of The Arkansas Democrat-Gazette contains an article that begins, “The Little Rock School District – supervised by federal courts longer than any other desegregating school district in the nation – is ‘completely unitary,’ a federal appeals court panel affirmed Thursday.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 8:37 AM by Howard Bashman



“Judge Rules Some Prisoners at Bagram Have Right of Habeas Corpus”: Charlie Savage has this article today in The New York Times.

Today’s edition of The Washington Post contains a front page article headlined “3 Detained in Afghanistan Can Take Challenges to U.S. Court; Habeas Ruling Is a Blow to Administration.”

David G. Savage of The Los Angeles Times reports that “Some prisoners at Bagram air base can challenge detentions, judge rules; He says the detainees who were shipped from outside Afghanistan to Bagram air base were in legal terms ‘virtually identical’ to those sent to Guantanamo.”

And Warren Richey of The Christian Science Monitor reports that “Terror suspects held in Afghanistan may challenge their detention; A federal judge applies the same principles as the Supreme Court ordered at Guantanamo, which presents a challenge to the Obama administration.”

You can access yesterday’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 8:35 AM by Howard Bashman



“Renovations cost $43,000 to refurbish new office for former Chief Justice Frank Williams”: This article appears today in The Providence (R.I.) Journal.

Posted at 8:17 AM by Howard Bashman



“Iowa’s gay marriage ruling today”: The Des Moines Register today contains an article that begins, “Social conservatives and gay rights supporters are braced for a landmark Iowa Supreme Court decision that could strengthen the state’s decade-old marriage law or allow same-sex couples to wed.”

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

Posted at 7:58 AM by Howard Bashman



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