How Appealing



Wednesday, June 10, 2009

“White House gets its wish on Sotomayor hearings; The Senate Judiciary Committee is to begin hearings on the Supreme Court nominee July 13, in keeping with Obama’s desire for an expedited confirmation vote by the full Senate”: The Los Angeles Times contains this article today.

The New York Daily News has an update that begins, “Supreme Court nominee Sonia Sotomayor’s brother Juan sticks up for his big sis.”

At Politico.com, Josh Gerstein and Carol E. Lee have an article headlined “Joe Biden pushes envelope with Sonia Sotomayor praise.”

And today in The Washington Post, columnist Ruth Marcus has an op-ed entitled “For Sotomayor, a Fine Line in New Haven.”

Posted at 9:12 PM by Howard Bashman



“A legal shootout over the right to own a gun: Conflicting court opinions gun may result in linking the 2nd Amendment with the 14th.” This editorial appears today in The Los Angeles Times.

Posted at 9:05 PM by Howard Bashman



“Uncertainty in Law Circles Over New Rules for Judges”: Today in The New York Times, John Schwartz has an article that begins, “Lawyers across the country said Tuesday that a Supreme Court ruling on conflicts of interest among elected judges could prompt a deluge of requests for judges to recuse themselves from cases. But judges predicted that few situations would involve conflicts serious enough for the new ruling to apply.”

The Associated Press reports that “Blankenship questions Supreme Court’s judicial ethics ruling.”

And today’s edition of The Washington Post has an editorial entitled “Bias on the Bench: The Supreme Court weighs in on the corrosive impact of money in judicial elections.”

Posted at 8:17 PM by Howard Bashman



“‘Racist’ branding”: Today in The Boston Globe, columnist Jeff Jacoby has an op-ed that begins, “One day after President Obama nominated federal judge Sonia Sotomayor to the Supreme Court, former House speaker Newt Gingrich labeled her a racist.”

Posted at 8:05 PM by Howard Bashman



“Europe’s High Court Tries On a Bunny Suit Made of Chocolate; The Case: Can a Foil-Wrapped Flopsy Be Trademarked? Hunting Rabbit Knockoffs.” This front page article will appear Thursday in The Wall Street Journal.

Posted at 7:58 PM by Howard Bashman



“Coping With Caperton: A Q&A With Tom Phillips.” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 7:38 PM by Howard Bashman



“House committee votes to recommend Kent impeachment”: The Houston Chronicle has a news update that begins, “The House Judiciary Committee voted 28-0 today to recommend that the full House impeach U.S. District Court Judge Sam Kent of Galveston, setting the stage for a final House vote before the July 4th congressional recess and a possible Senate trial by August.”

And The Associated Press reports that “House committee sends judge’s impeachment to House.”

Posted at 4:33 PM by Howard Bashman



Programming note: As noted in this post from last night, I’ll be traveling to the Cincinnati area midday today. Readers with Cincinnati-related restaurant suggestions are invited to let me know via email. Thanks! Additional posts will appear here later today.

Posted at 7:55 AM by Howard Bashman



Tuesday, June 9, 2009

“A Second Blush for Dirty Words in Workplace; 11th Circuit to rehear Ala. woman’s bias victory over men’s salty language”: law.com has this report.

Posted at 11:54 PM by Howard Bashman



“Justices to Weigh Constitutionality of Controversial Bankruptcy Reform Act”: Marcia Coyle of The National Law Journal has this report.

Posted at 11:50 PM by Howard Bashman



“Hearings on Sotomayor Are Set to Begin on July 13”: This article will appear Wednesday in The New York Times, along with an article headlined “A Supreme Court Nomination Stirs Up Bad Memories.” Meanwhile, in today’s newspaper, John Schwartz has an article headlined “An Ivy-Covered Path to the Supreme Court.”

The Los Angeles Times reports today that “Sotomayor is remembered as a zealous prosecutor; Her experience as an assistant district attorney in New York made her something of a law-and-order judge, experts say, especially when it came to police searches and the use of evidence.”

David Lightman of McClatchy Newspapers reports that “Senate sets July 13 hearing date for Sotomayor.”

Gail Russell Chaddock of The Christian Science Monitor has an article headlined “GOP’s new Sotomayor strategy: Attack Obama; As a senator, Obama voted against Justices Roberts and Alito on the basis of their ideology, Republicans say; Why can’t we do the same? they ask.”

And today in The Washington Post, Kevin Baine has an op-ed entitled “Making Law on the Court.”

Posted at 11:35 PM by Howard Bashman



“Tribes lose Snowbowl battle; High court refuses to hear case on wastewater for snowmaking”: The Arizona Republic today contains an article that begins, “Would artificial snow made from purified wastewater defile a mountain Native Americans hold sacred? The U.S. Supreme Court on Monday refused to consider that question, essentially ending a five-year court battle over the future of Arizona Snowbowl on Flagstaff’s San Francisco Peaks.”

Today’s edition of The Arizona Daily Sun contains articles headlined “Snowmaking wins legal OK; The U.S. Supreme Court declines to hear a final appeal by tribes, clearing the way for Arizona Snowbowl to make snow with reclaimed wastewater“; “What next for Snowbowl? Construction could start soon; But a tribal attorney says his clients are weighing further legal action and asking federal officials to revoke the construction permit“; “Snowbowl: When is religious belief ‘substantially burdened?’“; “Snowbowl: City contract locked in“; and “Snowbowl: Snowplay tourists mostly from Phoenix.”

And The Associated Press reports that “Court steers clear of Ariz. ski resort dispute.”

Posted at 10:55 PM by Howard Bashman



Further proof that all law bloggers end up in Cincinnati eventually: Tomorrow I’ll be traveling to Covington, Kentucky (just across the river from Cincinnati) where, on Thursday, I’ll be a CLE presenter at the 2009 Kentucky Bar Association Convention.

The subject of my presentation, which will begin at 10:50 a.m. on Thursday, is “U.S. Supreme Court: Review of the 2008-2009 Term,” sponsored by the Young Lawyers Section.

My last visit to Covington, Kentucky was on my way home from the Galapagos Islands last August. And my last visit to Covington before that, if I recall correctly, was on my way to argue an appeal in the Sixth Circuit.

Of course, the recently revealed Ann Althouse “alt-house” is in Cincinnati. If any readers have restaurant suggestions for Cincinnati, please let me know via email. And, of course, if you’ll be at the 2009 Kentucky Bar Association Convention, please do say hello. You might even see me at another presentation or two to stock up on CLE credits to satisfy my own home state’s requirements.

Posted at 10:44 PM by Howard Bashman



“Beware of the Appellate Pitfalls of E-Filing”: law.com has made freely available to all this month’s installment of my “Upon Further Review” column published in The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Posted at 10:28 PM by Howard Bashman



“Chrysler Sale to Fiat Allowed to Proceed by Top Court”: Greg Stohr of Bloomberg News has this report.

James Vicini of Reuters reports that “Supreme Court allows Chrysler sale to Fiat.”

The Associated Press reports that “Supreme Court to let Chrysler sale go forward.”

The New York Times has a news update headlined “Supreme Court Clears Way for the Sale of Chrysler to Fiat.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court clears way for Chrysler’s sale to Fiat.”

CNNMoney.com reports that “Supreme Court clears way for Chrysler; One day after intervention, the high Court decides not to hear case from Indiana pension funds.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court clears Chrysler sale, without dissent.” You can access this evening’s order of the U.S. Supreme Court at this link.

Posted at 9:25 PM by Howard Bashman



“Nacchio: Case never should have gone to trial.” The Associated Press has a report that begins, “Lawyers for former Qwest CEO Joseph Nacchio filed a brief Tuesday rebutting federal prosecutors who oppose a Supreme Court review of Nacchio’s insider trading conviction, saying he never should have been prosecuted in the first place.”

Posted at 2:40 PM by Howard Bashman



Monday, June 8, 2009

“Appeals court rules Ten Commandments monument violates Constitution”: The Tulsa World has a news update that begins, “An appeals court ruled Monday that a Ten Commandments monument at the county courthouse in Stigler violates the Constitution because its primary effect is to endorse a religion.”

You can access at this link today’s unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

Posted at 11:02 PM by Howard Bashman



“New sentencing ordered for ex-officer in Jude beating case”: The Milwaukee Journal Sentinel has a news update that begins, “Jon Bartlett, a former Milwaukee police officer who led the beating and torture of Frank Jude Jr., must be re-sentenced, a federal appeals court ruled Monday.”

Chief Judge Frank H. Easterbrook‘s opinion, issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, begins; “The distance between civilization and barbarity, and the time needed to pass from one state to the other, is depressingly short.”

Posted at 9:02 PM by Howard Bashman



“Supreme Court rules that campaign contributions can create perception of judicial bias; The justices, in a 5-4 ruling, say a West Virginia Supreme Court judge who received $3 million in campaign contributions should have recused himself from a case in which the donor was the defendant”: David G. Savage of The Los Angeles Times has this news update.

Adam Liptak of The New York Times has a news update headlined “Justices Tell Judges Not to Rule on Major Backers.”

Robert Barnes of The Washington Post has a news update headlined “Supreme Court Says Judges Must Avoid Appearance of Bias.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court makes it easier to force elected judges off cases.”

Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court: Judges must step aside when there’s perception of bias; The 5-to-4 decision, involving a justice on the West Virginia Supreme Court, establishes a broad, new constitutional standard.”

Paul J. Nyden of The Charleston (W. Va.) Gazette has news updates headlined “Supreme Court says Benjamin should have recused himself” and “Benjamin’s replacement in Massey case not known.”

Mark Sherman of The Associated Press reports that “Court says judges must avoid appearance of bias.”

James Vicini of Reuters reports that “Recusal required in Massey Energy case.”

Greg Stohr of Bloomberg News reports that “Campaign Money Can Disqualify Judges, Top Court Says.”

law.com’s Tony Mauro reports that “Supreme Court Issues Landmark Ruling on Judicial Recusal.”

And this evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Court: Judges Must Avoid Appearance Of Bias” (RealPlayer required) featuring Nina Totenberg.

You can access today’s 5-4 ruling in Caperton v. A.T. Massey Coal Co., No. 08-22, by clicking here.

Posted at 8:25 PM by Howard Bashman



“Supreme Court choice could reignite culture wars; Judge Sotomayor’s confirmation hearings could provide the spark on hot-button issues such as gay marriage and abortion”: Linda Feldmann of The Christian Science Monitor has this report.

Posted at 8:12 PM by Howard Bashman



“High court blocks Chrysler sale to Fiat”: The Associated Press has this report.

James Vicini and Poornima Gupta of Reuters report that “U.S. top court judge delays Chrysler sale.”

Greg Stohr and Tiffany Kary of Bloomberg News report that “Chrysler Fiat Sale Delayed by U.S. Justice Ginsburg.”

CNNMoney.com reports that “Supreme Court puts Chrysler sale on hold; High court issues a stay of the sale of Chrysler to the Italian automaker, delaying Chrysler’s exit from bankruptcy.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Ginsburg temporarily blocks Chrysler deal.” You can access the stay order at this link.

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Justice Ginsburg Stays Chrysler Sale — For Now.”

Posted at 4:40 PM by Howard Bashman



“Sotomayor Is Recalled as a Driven Rookie Prosecutor”: The New York Times contains this article today.

And Bloomberg News columnist Albert R. Hunt has an essay headlined “How Specter Sold Obama, Democrats on Big Switch” that begins, “Democrats are rejoicing that Senator Arlen Specter is praising U.S. Supreme Court nominee Sonia Sotomayor as proof of their wisdom in persuading him to defect from the Republican Party.”

Posted at 8:00 AM by Howard Bashman



Sunday, June 7, 2009

“Drive to stop gay-partnership law is dividing conservatives; Some in the Christian opposition fear that a failed referendum against Washington state’s ‘everything but marriage’ law could deplete resources in the case of a larger battle against gay marriage”: This article will appear Monday in The Los Angeles Times.

Posted at 10:50 PM by Howard Bashman



“Antiabortion Efforts Move to the State Level; Legislatures Often Mandate Restrictions”: Monday’s edition of The Washington Post will contain this article.

Posted at 10:50 PM by Howard Bashman