How Appealing



Tuesday, May 26, 2009

“California Supreme Court to issue Prop. 8 decision today; Rulings are expected on the legality of the measure barring same-sex marriage and the status of those who married before it was approved by voters”: Rong-Gong Lin II and Maura Dolan have this article today in The Los Angeles Times.

The San Francisco Chronicle reports today that “Same-sex marriage fans, foes await court ruling.” In addition, columnist C.W. Nevius has an essay entitled “Prop. 8 decision could leave couples in limbo.”

The San Jose Mercury News reports that “Weariness and confidence as foes and backers of Proposition 8 await court ruling.”

The Associated Press reports that “California awaits court’s gay marriage decision.”

And Reuters reports that “California court to rule Tuesday on gay marriage.”

The Supreme Court of California will issue its ruling at 1 p.m. eastern time (10 a.m. pacific time) today on three consolidated cases that challenge the legality of Proposition 8, the ballot measure that reinstated California’s ban on same-sex marriage. The decision is scheduled to be posted online at this link just as soon as the decision is made public.

Posted at 12:12 PM by Howard Bashman



“Court asked to void $15.8 million award; Driver unfairly revealed to be illegal immigrant, trucking firm says”: Today in The Austin American-Statesman, Chuck Lindell has an article that begins, “A cement-hauling company is asking the Texas Supreme Court to toss out a $15.8 million verdict, arguing that jurors were improperly told that its gravel truck driver — involved in a 2002 accident that killed four members of a family — was an illegal immigrant.”

Posted at 12:02 PM by Howard Bashman



Access online today’s U.S. Supreme Court opinions in argued cases and Order List: The Court has issued three opinions in argued cases today. In early coverage of today’s rulings, at “SCOTUSblog” Lyle Denniston has a post titled “Court overrules Michigan v. Jackson.”

1. Justice David H. Souter delivered the opinion for a unanimous Court in Abuelhawa v. United States, No. 08-192. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Antonin Scalia delivered the opinion for the majority in a 5-4 ruling in Montejo v. Louisiana, No. 07-1529. The Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined in the majority opinion. Justice Alito also issued a concurring opinion, in which Justice Kennedy joined. Justice John Paul Stevens issued a dissenting opinion, in which Justices Souter and Ruth Bader Ginsburg joined in full and in which Justice Stephen G. Breyer joined in large part. And Justice Breyer also issued a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link.

3. And Justice Stevens delivered the opinion for the majority in a 5-4 ruling in Haywood v. Drown, No. 07-10374. Justices Kennedy, Souter, Ginsburg, and Breyer joined in the majority opinion. Justice Thomas issued a dissenting opinion, in which the Chief Justice and Justices Scalia and Alito joined in part. You can access the ruling at this link and the oral argument transcript at this link.

You can access today’s Order List at this link. The Court today granted review in one case. At “SCOTUSblog,” Lyle Denniston has a post titled “Court to rule on Vioxx fraud case.”

In early news coverage, The Associated Press has reports headlined “Court: Suspect must ask for atty to get protection“; “Court says states can’t bar some rights suits“; “Court: Phone drug buys shouldn’t bring extra time“; “Court to consider whether to allow Vioxx lawsuits“; and “Court lets stand $13M judgment against Chrysler.”

Posted at 10:06 AM by Howard Bashman



“Obama Selects Sotomayor for Court”: The New York Times has this news update.

The Washington Post has news updates headlined “Officials: Obama Chooses Sotomayor for Supreme Court” and “For Sotomayor, Humble Beginnings to High Court Pick.”

The Los Angeles Times has a news update headlined “Obama to nominate Sonia Sotomayor to Supreme Court; Sotomayor, a longtime federal jurist in New York, would become the first Latino member of the high court if confirmed by the Senate.”

The New York Daily News has an update headlined “Who is Sonia Sotomayor? Bronx-born judge would be Supreme Court’s first Hispanic justice.”

ABCNews.com has a written report headlined “Obama Picks Sonia Sotomayor to Replace David Souter on Supreme Court; Sotomayor To Become First Hispanic Supreme Court Justice if Confirmed.” And at “The Numbers” blog, Gary Langer has a post titled “Supreme Court Pick: The Public Perspective.”

CNN.com has reports headlined “Obama to name Sotomayor as Supreme Court nominee” and “Who is Sonia Sotomayor?” and a transcript headlined “Toobin: Sotomayor will be voice for moderate liberalism.”

Posted at 9:52 AM by Howard Bashman



“AP source: Obama picks Sotomayor for Supreme Court.” The Associated Press has a report that begins, “U.S. President Barack Obama tapped U.S. Circuit Judge Sonia Sotomayor for the Supreme Court on Tuesday, officials said, making her the first Hispanic in history picked to wear the robes of a justice.” In addition, The AP has an article headlined “NY judge rises from projects to the Supreme Court.”

CNN.com is also reporting that Second Circuit Judge Sonia Sotomayor is President Obama’s choice, as is The New York Times.

Update: The New York Times has this web page providing both a profile of Judge Sotomayor and links to recent articles about her. Earlier this month, Neil A. Lewis had an article headlined “On a Supreme Court Prospect’s Resume: ‘Baseball Savior’” and Charlie Savage had an article headlined “A Judge’s View of Judging Is on the Record.”

Posted at 8:32 AM by Howard Bashman



“Medical-marijuana patients await county’s rollout of ID cards”: Today’s edition of The San Diego Union-Tribune contains an article that begins, “With the U.S. Supreme Court’s refusal last week to consider San Diego County’s lawsuit against state medical-marijuana laws, local officials appear poised to begin offering identification cards to qualified patients.”

Posted at 8:20 AM by Howard Bashman



“Libel Tourism: Congress needs to pass a law that makes clear that no American court will enforce libel judgments from countries that provide less protection for the written word.” This editorial appears today in The New York Times.

Posted at 8:15 AM by Howard Bashman



“Clock running on stimulus lawsuits; S.C.’s highest court sets noon deadline for responses from Sanford, McMaster”: The State newspaper of Columbia, South Carolina today contains an article that begins, “The S.C. Supreme Court will begin today gathering arguments in two lawsuits that ask the court to determine whether Gov. Mark Sanford must comply with a state budget that requires him to accept a disputed $350 million in federal stimulus money.”

Posted at 8:07 AM by Howard Bashman



“No judging how a justice will turn out; The upbringing and life experiences of Supreme Court picks are not always reliable predictors of where they stand legally”: David G. Savage and James Oliphant have this article today in The Los Angeles Times.

Today’s edition of The Detroit News contains an article headlined “Poll: Gov is a good Supreme Court pick; 51% of voters back Granholm to replace retiring Souter.”

The Hill reports that “Court fight could commence this week.”

Politico.com reports that “Conservatives itching for SCOTUS fight.”

The Washington Times contains an editorial entitled “Questions about Kagan: It’s time to come clean about the greens.”

The St. Petersburg Times contains an editorial entitled “No nominee, but senators ready to fight.”

In The Wall Street Journal, Bernie Marcus has an op-ed entitled “Business and the Supreme Court: Washington’s grab for power makes Obama’s pick crucial for contracts.”

In The New York Daily News, Patrice O’Shaughnessy has an essay entitled “Judge Sonia Sotomayor’s consideration for SCOTUS reminder there’s more to boro than Stadium, blight.”

And yesterday in The Montgomery Independent, Bob Martin had an op-ed entitled “Confirmation hearings put Jeff Sessions in the spotlight.”

Posted at 7:58 AM by Howard Bashman



Monday, May 25, 2009

“Ex-Detainee Describes Struggle for Exoneration; In France, Algerian Savors Normal Life”: Tuesday’s edition of The Washington Post will contain an article that begins, “When the nightmare finally ended — seven years at Guantanamo Bay, two years of force-feeding through a tube in his right nostril, the long struggle to proclaim his innocence before a judge, and finally 10 days of hospitalization — Lakhdar Boumediene celebrated with pizza for lunch in a little Paris dive.”

Posted at 10:22 PM by Howard Bashman



“California Couples Await Gay Marriage Ruling”: This article will appear Tuesday in The New York Times.

And Tuesday’s edition of The Wall Street Journal will contain an article headlined “Gay-Marriage Fight to Persist in California.”

Tomorrow, the Supreme Court of California will issue its ruling on three consolidated cases that challenge the legality of Proposition 8, the ballot measure that reinstated California’s ban on same-sex marriage. The decision is scheduled to be posted online at this link at 1 p.m. eastern time (10 a.m. pacific time) tomorrow.

Posted at 9:00 PM by Howard Bashman



“Liberals Sketch Out Dreams and Limits for Supreme Court”: Jess Bravin will have this article Tuesday in The Wall Street Journal.

Tuesday in The Washington Post, Robert Barnes will have an article headlined “More Than One Way to Diversify the Supreme Court; Beyond Race and Gender, Today’s Justices are Homogenous.”

And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Groups Prepare For Battle Over Court Nominee” (RealPlayer required) featuring Nina Totenberg.

Posted at 8:47 PM by Howard Bashman



“Official: Obama still deciding whether 9/11 case goes to U.S. court.” Carol Rosenberg of The Miami Herald has a news update that begins, “President Barack Obama is still deciding whether to go to federal court with the death penalty cases against five men accused of orchestrating the Sept. 11, 2001, terrorist attacks, a Defense Department official has notified the thousands of victim family members.”

Posted at 8:40 PM by Howard Bashman



“A golden opportunity to revamp the Voting Rights Act: The Supreme Court appears poised to strike down a key provision of the act; Liberals are worried, but it might be good for the country because the act needs to be brought into the 21st century.” Law professors Guy-Uriel E. Charles and Luis Fuentes-Rohwer have this op-ed today in The Los Angeles Times.

Posted at 4:44 PM by Howard Bashman



“Obama Seeks ‘Common Touch’ in His Supreme Court Nominee; Short-List Narrows, Buzz Intensifies Over the Supreme Court Vacancy”: ABC News correspondent Jan Crawford Greenburg has this written report.

Bill Mears of CNN.com has an article headlined “Uneasy political calculus of diversity and Supreme Court.”

Yesterday in The Boston Globe, Rebecca Tuhus-Dubrow had an Ideas essay entitled “Supreme Reforms: How the nation’s highest court could be improved.”

And at his “Think Again” blog hosted by The New York Times, Stanley Fish has a post titled “Empathy and the Law.”

Posted at 4:08 PM by Howard Bashman



Sunday, May 24, 2009

“Threats to Judges, Prosecutors Soaring; Worried Court Personnel Resort To Guards, Identity Shields, Weapons”: In Monday’s edition of The Washington Post, Jerry Markon will have an article that begins, “Threats against the nation’s judges and prosecutors have sharply increased, prompting hundreds to get 24-hour protection from armed U.S. marshals. Many federal judges are altering their routes to work, installing security systems at home, shielding their addresses by paying bills at the courthouse or refraining from registering to vote. Some even pack weapons on the bench.”

Posted at 11:27 PM by Howard Bashman



“New Supreme Court Justice Could Hold the Key to Presidential Power”: Charlie Savage will have this article Monday in The New York Times.

The Wilmington (Del.) News Journal today contains an article headlined “Biden’s seen all angles of judiciary hearings; Obama’s Supreme Court pick expected this week.”

The Burlington Free Press reports today that “Leahy to have key role in hearings.”

The Denver Post contains an article headlined “Salazar: A Supreme suggestion.”

The Associated Press has an article headlined “GOP senator: Court nominee could incite filibuster.”

And Monday in The Washington Post, Fred Hiatt will have an op-ed entitled “Justice Souter’s ‘Safe Place.’

Posted at 11:24 PM by Howard Bashman



“Earl Warren, a justice with empathy: The Warren court drew upon the singular character of its chief to craft a remarkable body of work.” Jim Newton has this op-ed today in The Los Angeles Times.

Posted at 10:40 AM by Howard Bashman



“In Court Pick, Obama Seeks Experience of Real World”: This article appears today in The New York Times, along with a profile of Governor Jennifer M. Granholm (D-MI) headlined “A Court Candidate Who Has a Sparse Legal Record.” Yesterday’s newspaper, meanwhile, contained a profile of Georgia Chief Justice Leah Ward Sears headlined “After Many Firsts, Judge Has Talent for Persuasion.”

Today in The Washington Post, Robert Barnes has an article headlined “Court Views Work Of Potential Picks; Among Justices’ Most Contentious Cases Are Those From Sotomayor and Wardlaw.” The newspaper also contains an article headlined “Obama Expands on Criteria for New Justice” and an essay by Tom C. Korologos entitled “How to Scale the High Court.”

CNN.com reports that “Obama looking for ‘common touch’ in Supreme Court nominee.”

And The Associated Press reports that “Obama sees court pick as smart with common touch.”

Posted at 10:25 AM by Howard Bashman



Saturday, May 23, 2009

“Next Supreme Court’s docket much broader than abortion”: Michael Doyle and Marisa Taylor of McClatchy Newspapers have this report.

Posted at 8:37 AM by Howard Bashman



Friday, May 22, 2009

“Wiretap Judge Slams Government”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A federal judge in San Francisco lashed out Friday at the Obama administration for its refusal to share a classified document with an Islamic group that claims it was illegally wiretapped, and said he may declare the group the winner by default in its lawsuit against the government.”

And law.com reports that “Federal Judge Threatens DOJ Lawyers With Sanctions in Warrantless Wiretapping Case.”

Posted at 11:58 PM by Howard Bashman



“President’s Detention Plan Tests American Legal Tradition”: This article will appear Saturday in The New York Times, along with an article headlined “In a Place Unused to Escapes, a Debate on Jailing Jihadists.”

Saturday in The San Francisco Chronicle, Bob Egelko will have an article headlined “Detainee Tribunals Draw Criticism.”

And this evening’s broadcast of NPR’s “All Things Considered” contained audio segments entitled “Obama Leans Toward ‘Preventive Detention’” and “Will Guantanamo Detainees Go To Colorado?” (RealPlayer required).

Posted at 11:37 PM by Howard Bashman