How Appealing

Monday, May 11, 2009

“Court Rules for Former FBI Agent in Misconduct Case”: “The BLT: The Blog of Legal Times” has a post that begins, “A former FBI special agent who was removed from his position after the agency learned he videotaped his sexual encounters with three women without their consent won an appellate victory today in the U.S. Court of Appeals for the Federal Circuit.”

My earlier coverage of today’s Federal Circuit ruling appears at this link.

Posted at 11:05 PM by Howard Bashman

“Court denies rehearing for killer”: The Press-Enterprise of Riverside, California has a news update that begins, “Condemned prisoner Kevin Cooper was denied a rehearing Monday by a federal appellate panel in a 114-page order that bristled with dissents, one of them claiming that ‘the state of California may be about to execute an innocent man.'”

And The Associated Press reports that “Calif. death row inmate narrowly loses new hearing.”

Eleven judges of the U.S. Court of Appeals for the Ninth Circuit noted their dissent from today’s order denying rehearing en banc.

Posted at 10:58 PM by Howard Bashman

“Defending Dawn Johnsen: Republican criticism of Obama’s pick to head the Office of Legal Counsel is hypocritical and shouldn’t be allowed to derail her confirmation.” The Los Angeles Times contains this editorial today.

Posted at 8:50 PM by Howard Bashman

“Securing Lawsuits: The White House should join lawmakers in reforming the state secrets doctrine.” This editorial appears today in The Washington Post.

Posted at 8:45 PM by Howard Bashman

“Obama Enlists Biden’s Expertise About High Court”: Michael A. Fletcher has this article today in The Washington Post.

The Associated Press reports that “Obama to talk court nomination with Senate leaders.”

CBS News correspondent Bob Schieffer yesterday had an essay about Justice David H. Souter entitled “Don’t Let The Court House Door Hit You.”

Yesterday in The Philadelphia Inquirer, law professor John Yoo had an op-ed entitled “Obama needs a neutral justice.” Kate Michelman had an op-ed entitled “We need to know what high court nominees believe.” And Maria Echaveste had an op-ed entitled “A time for boldness, not moderation.”

The Concord (N.H.) Monitor yesterday contained an editorial entitled “Thanks to Bush, Sununu and Bork.”

And yesterday in The Las Vegas Review-Journal. law professor Tuan Samahon had an op-ed entitled “The president and the high court: Obama’s standard for judges is troubling.”

Posted at 8:32 PM by Howard Bashman

Ninth Circuit rejects constitutional challenge to the Protection of Lawful Commerce in Arms Act, through which the U.S. Congress shielded federally licensed manufacturers and sellers of firearms from civil liability arising from the criminal uses of their products: So holds the majority on a divided three-judge panel in a ruling issued today.

The acts alleged to give rise to the defendants’ liability occurred in 1999 or earlier, while the federal law in question was not enacted until the year 2005.

Posted at 3:15 PM by Howard Bashman

“How NOT To Choose A Supreme Court Nominee: The adult industry doesn’t need a high court speech censor like Sonia Sotomayor.” Mark Kernes has this essay (essay may be accompanied by advertising that’s not appropriate for work) online at Adult Video News.

Posted at 2:15 PM by Howard Bashman

“Anonymous dishes on Sotomayor, Wood, Williams…” Michael Doyle of McClatchy’s Washington Bureau has this post today at his “Suits & Sentences” blog.

Posted at 1:55 PM by Howard Bashman

FBI agent “John Doe” wins Federal Circuit victory in his quest to avoid losing his job for having surreptitiously videotaped his sexual encounters with three different women: You can access today’s ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

According to the court’s majority opinion:

This aspect of Doe’s private life came to be known by the FBI through the actions of Female #1. In October 2002, while Doe was out of town, Female #1 entered his house and found the tapes, each with a videotaped partner’s name labeled on it. She contacted Doe and together, with the assistance of a professional counselor, they worked out the problems the tapes revealed about their relationship. Later, she shared her concerns with, and revealed the existence of the tapes to, counselors in the FBI Employee Assistance Program. From that point rumors spread about Doe and female co-workers at the FBI, which were upsetting to Female #1 and Female #2.

Who says Federal Circuit rulings can’t teach valuable life lessons?

Posted at 12:20 PM by Howard Bashman

“Judge will learn his fate today; Federal jurist Kent likely headed to prison for trying to hinder inquiry into sex offenses”: Mary Flood has this front page article today in The Houston Chronicle.

Posted at 10:08 AM by Howard Bashman

“Why Obama and the Senate Must Ask Specific Questions of Souter’s Replacement”: Law professor Vikram David Amar has this essay online at FindLaw.

Posted at 7:58 AM by Howard Bashman