How Appealing

Tuesday, May 12, 2009

“Factions lobby over potential Obama court pick”: The San Francisco Chronicle has this news update.

The Hill reports that “Clock ticks for nominee.” has articles headlined “Robert Gibbs to interest groups: Lobbying for Supreme Court nominees won’t help“; “Feinstein pushes two Hispanic judges“; and “New push to bring cameras in Supreme Court.”

Canwest News Service reports that “Canadian-born governor shortlisted for U.S. top court justice.”

Legal Newsline reports that “Nevada AG mentioned as possible Supreme Court nominee.”

The Daily Iowan today contains an article headlined “Who will replace Souter? Locals weigh in.”

And at, Cheryl D. Stein has an essay entitled “Strip Search Case Reveals the Need for Another Female Justice.”

Posted at 11:17 PM by Howard Bashman

“Prosecutor drops charges; House’s family ‘on Cloud Nine'”: The Knoxville News Sentinel has an update that begins, “A prosecutor today dismissed murder charges against Paul House, 24 years after Union County killing for which he was sentenced to death row.”

And Bill Mears of reports that “Man who spent 22 years on death row is cleared.”

Posted at 11:07 PM by Howard Bashman

“Will Supreme Court Keep Its Front Doors Open?” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 6:20 PM by Howard Bashman

“[W]e agree with two other circuits that discriminatory surveillance by a retailer is insufficient to establish interference with protected activity under sec. 1981.” So holds the majority in a ruling that the en banc U.S. Court of Appeals for the Eighth Circuit issued today in a lawsuit alleging race discrimination at the Dillard’s department store in Columbia, Missouri.

Eleven judges participated in today’s ruling. Four judges dissented in full and one judge dissented in part. The lead dissenting opinion begins, “I respectfully dissent from the majority’s failure to give effect to the legislation enacted by Congress to give African Americans equal rights to contract and to purchase goods as possessed by whites.”

Circuit Judge Steven M. Colloton is the author of today’s majority opinion. In July 2007, he dissented in part from the original three-judge panel’s opinion, which had reinstated most of the plaintiffs’ claims. Judge Colloton’s opinion from July 2007 began, “The principal question presented on this appeal is whether alleged discriminatory surveillance by a retail merchant, in which members of a particular racial group are watched more closely than others while shopping, constitutes a violation of the rights guaranteed by 42 U.S.C. sec. 1981.” The other two judges on the original three-judge panel are among the four judges who dissented in full from today’s en banc ruling.

Posted at 12:07 PM by Howard Bashman

“Claims against gunmaker Glock dismissed”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court dismissed damage claims against gun manufacturers Monday by the victims of a white supremacist’s shooting rampage in the San Fernando Valley, saying a 2005 federal law backed by the firearms industry bars such lawsuits. In a 2-1 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco said Congress had the case in mind when it passed the law. Lawmakers did not violate the rights of victims of the 1999 shootings by limiting their right to sue federally licensed gunmakers and dealers for criminals’ actions, the court said.”

My earlier coverage of yesterday’s Ninth Circuit ruling appears here and here.

Posted at 8:22 AM by Howard Bashman

“Two roads to the Supreme Court: Obama is apparently debating whether to choose a traditional judicial nominee or opt for a ‘real world’ selection to replace Justice David H. Souter.” James Oliphant and David G. Savage have this article today in The Los Angeles Times.

Today in The Washington Post, Robert Barnes and Michael D. Shear report that “Hispanics See Stars Aligned on High Court; For President, Diversity Is One Of Many Factors.”

In The New York Times, Neil A. Lewis has a profile of Seventh Circuit Judge Diane P. Wood headlined “Potential Justice Offers a Counterpoint in Chicago.”

The Hill reports that “Liberal groups ready to defend court nominee.”

In The Boston Globe, Peter S. Canellos has an essay entitled “In replacing Souter, Obama should look beyond courthouse.”

And at, Keenan Kmiec has an essay entitled “Have you ever been a ‘judicial activist’?

Posted at 8:11 AM by Howard Bashman

“Battle Plans: How Obama could avoid a Congressional war over “don’t ask, don’t tell.'” Nathaniel Frank has this essay online today at The New Republic.

Posted at 7:58 AM by Howard Bashman