How Appealing



Tuesday, April 14, 2009

“Federal court halts deportation of Demjanjuk”: The Associated Press has this report. This afternoon’s stay order of the U.S. Court of Appeals for the Sixth Circuit can be accessed here.

Earlier this afternoon, The Cleveland Plain Dealer had a news update headlined “John Demjanjuk out of his home, on way to airport.”

The Sixth Circuit has also posted online the following documents filed today in that court in the case captioned Demjanjuk v. Holder, No. 09-3416: Petition for Review; Motion for Stay; Video Clip; IFP Motion with attachments; and federal government’s Response in Opposition.

Posted at 4:12 PM by Howard Bashman



“SG Kagan Won’t Argue Before High Court Until Next Term”: Tony Mauro has this post this morning at “The BLT: The Blog of Legal Times.”

Posted at 9:32 AM by Howard Bashman



“Judges rule Franken winner; Coleman to appeal”: This article appears today in The Minneapolis Star Tribune, along with an article headlined “One justice gave to Coleman, another to Wellstone; The campaign donations by the two Supreme Court members predated their appointment to the bench.”

The St. Paul Pioneer Press reports today that “Judges say Franken won Senate race; Coleman planning to appeal.”

And Bloomberg News reports that “Franken Ruled Winner of U.S. Senate Race, Coleman Plans Appeal.”

You can access yesterday’s ruling at this link.

Posted at 8:25 AM by Howard Bashman



“Where will captured Somali pirate get justice? The high profile of the case suggests a trial in the United States, but the Justice Department might be wary of bringing the young suspect into the American court system.” Warren Richey of The Christian Science Monitor has this report.

Posted at 8:10 AM by Howard Bashman



“Sutton stands by controversial prosecution”: Today’s edition of The San Antonio Express-News contains an article that begins, “Outgoing U.S. Attorney Johnny Sutton said Monday he still believes he made the right call in prosecuting two former Border Patrol agents convicted of covering up having shot an unarmed drug smuggler in the back. Ultimately their sentences were commuted.”

Posted at 8:07 AM by Howard Bashman



“3rd Circuit to Mull When States Can Limit License Slogan Choice”: Today in The Legal Intelligencer, Shannon P. Duffy has an article that begins, “Combine the hot-button issue of abortion with a truly perplexing First Amendment question — whether auto license plates are a public forum — and it’s no wonder the federal courts are all over the map on whether states have the right to deny issuing specialty plates that carry the slogan ‘Choose Life.'”

Posted at 8:05 AM by Howard Bashman



“Thompson, McConnell selected for federal judgeships”: This article appears today in The Providence (R.I.) Journal.

According to the article, “Reed and Whitehouse announced Monday they had chosen state Superior Court Judge Ojetta Rogeriee Thompson to fill a 1st U.S. Circuit Court of Appeals seat.” You can access profiles of the selectees here and here.

Posted at 8:00 AM by Howard Bashman



“No transfer sites selected; The Obama administration hasn’t picked — or ruled out — any lockups on U.S. soil where Guantanamo detainees may be sent”: Carol Rosenberg has this article today in The Miami Herald.

Posted at 7:52 AM by Howard Bashman



Monday, April 13, 2009

“Immigration legal system does not protect rights”: The Associated Press has this report. According to the article, “U.S. citizens arrested as illegal immigrants or deportable residents cannot count on the legal system as a safety net.”

Posted at 8:57 PM by Howard Bashman



“Rhode Island Senators Suggest Circuit Nominee”: Seth Stern has this post today at the “Legal Beat” blog of CQ Politics.

Posted at 7:20 PM by Howard Bashman



Calculation of time under federal procedural rules of court to be simplified: Today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, contains this month’s installment of my “Upon Further Review” column, headlined “The Approaching Dawn of a New ‘Day’ Under the Federal Appellate Rules.”

My column focuses on several important changes to the Federal Rules of Appellate Procedure and to the Federal Rules of Civil Procedure that, as of December 2009, will affect lawyers who handle appeals.

Posted at 5:08 PM by Howard Bashman



“Differing views in GOP on voting rights case”: Mark Sherman of The Associated Press has a report that begins, “The GOP’s struggle over its future and the party’s fitful steps to attract minorities are on full display in the differing responses of Republican governors to a major Supreme Court case on voting rights.”

Posted at 9:57 AM by Howard Bashman



“The Next Guantanamo”: The New York Times today contains an editorial that begins, “The Obama administration is basking in praise for its welcome commitment to shut down the American detention center at Guantanamo Bay. But it is acting far less nobly when it comes to prisoners held at a larger, more secretive military detention facility at Bagram Air Base in Afghanistan.”

Posted at 7:54 AM by Howard Bashman



“The Supreme, er, Sponsors Court: Hold that case; Lady Justice is busy judging ‘The Biggest Loser.'” CBS News legal analyst Andrew Cohen has this op-ed today in The Los Angeles Times.

Posted at 7:52 AM by Howard Bashman



“Supremely bad trend continues”: Indian Country Today contains an editorial today that begins, “It’s only fitting that the latest bad U.S. Supreme Court decision regarding Indian law would begin with an awkward and offensive phrase, written by Justice Antonin Scalia to describe the plaintiff.”

Posted at 7:50 AM by Howard Bashman



“The Supreme Court and law left hanging: By dismissing an Oregon case involving the death of a cigarette smoker, the justices have left open questions about their instructions to lower courts and the limits of punitive damages.” The Los Angeles Times contains this editorial today.

Posted at 7:48 AM by Howard Bashman



“State’s high court may not be the last word in recount; Norm Coleman could take his case to federal court, possibly leaving the state’s second U.S. Senate seat empty for months more”: This article appears today in The Minneapolis Star Tribune.

Posted at 7:45 AM by Howard Bashman



Sunday, April 12, 2009

“The Supreme Court’s Latest ‘Exclusionary Rule’ Decision: Why Justice Kennedy, the Swing Vote, Was on the Liberal Side Here, But the Conservative Side in a Prior Decision Regarding the Rule.” Vikram David Amar has this essay online at FindLaw.

Posted at 11:03 PM by Howard Bashman



“Chief Justice John G. Roberts, Jr. to Judge Moot Court Competition”: North Carolina Central University School of Law has issued this news release.

See also this editorial published today in The News & Observer of Raleigh, North Carolina.

Posted at 10:30 PM by Howard Bashman



“Abu-Jamal supporters meet, to seek White House help”: Today’s edition of The Philadelphia Inquirer contains an article that begins, “Stung by the U.S. Supreme Court ruling last week denying a new trial for Mumia Abu-Jamal, supporters of the internationally known death-row inmate met yesterday at a church in West Philadelphia and said they planned to seek some type of presidential intervention on his behalf.”

Posted at 8:23 PM by Howard Bashman



“Gay Marriage Issue Steering Clear of the Supreme Court”: Adam Liptak has this article today in the Week in Review section of The New York Times.

Posted at 9:38 AM by Howard Bashman



Saturday, April 11, 2009

“Judges question diploma privilege argument; State’s defense of rule called ‘fiction'”: Next Monday’s issue of the Wisconsin Law Journal will contain an article that begins, “Wisconsin’s diploma privilege for graduates of the law schools at Marquette University and the University of Wisconsin may be in danger, at least if the Seventh Circuit reviews the merits of the privilege.” (Via “Althouse“).

You can access the audio of last Tuesday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (4.48MB mp3 audio file).

Posted at 11:44 PM by Howard Bashman



“The Supreme Court shouldn’t be judging judges; A West Virginia case could put state jurists’ ethics under federal oversight”: David B. Rivkin Jr. had this op-ed Wednesday in The Los Angeles Times.

Posted at 5:23 PM by Howard Bashman



“Prosecutors oppose Nacchio’s latest bid for bail”: The Associated Press provides this report.

Yesterday, the prosecution filed this opposition to Nacchio’s bail request. Thereafter, Nacchio’s appellate team filed this reply in further support of the bail request.

Posted at 5:22 PM by Howard Bashman