How Appealing



Tuesday, October 20, 2009

“Ashcroft: Judges should rehear 9/11 witness case.” The Associated Press has a report that begins, “Former Attorney General John Ashcroft has asked a federal appeals court to reconsider its ruling that he can be held personally responsible for wrongfully detaining people as material witnesses after the 9/11 terrorist attacks.”

Posted at 10:00 PM by Howard Bashman



“Michigan town’s resolve to take Guantanamo detainees wavers; Standish, Mich., is dependent on its federal prison, which is about to close; It says still wants the Guantanamo detainees to fill the void, but opponents are pushing to recall members of city council”: The Christian Science Monitor has this report today.

Posted at 9:58 PM by Howard Bashman



“Court tells feds to return pot club’s money”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A Los Angeles medical marijuana clinic is entitled to recover more than $186,000 that was seized in an illegal police search and then claimed by the federal government, a U.S. appeals court ruled Tuesday.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 9:52 PM by Howard Bashman



“Justices to Decide on U.S. Release of Detainees”: Adam Liptak will have this article Wednesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court to consider Uighurs’ plea for freedom.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court will decide who can order the release of prisoners at Guantanamo Bay; At issue is whether a judge or the president can decide the fate of a prisoner who is not an ‘enemy combatant’; The ruling could complicate Obama administration’s plans to close the prison.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court to rule on release of Guantanamo detainees into U.S.

Warren Richey of The Christian Science Monitor reports that “Supreme Court to hear appeal of Uighurs still at Guantanamo; The Supreme Court Tuesday agreed to hear the case of Uighur detainees remaining at the Guantanamo prison camp; Their release into the US has been blocked by the White House and Congress.”

Mark Sherman of The Associated Press reports that “Guantanamo detainees case reaches Supreme Court.”

James Vicini of Reuters reports that “U.S. top court to hear Guantanamo Uighurs appeal.”

Greg Stohr of Bloomberg News reports that “Guantanamo Inmates Get High Court Review on Release.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Detention and the 3 branches.”

You can access today’s Order List of the U.S. Supreme Court at this link.

Posted at 9:36 PM by Howard Bashman



“Roberts speaks out on drunk driving case”: Jesse J. Holland of The Associated Press has this report.

Robert Barnes of The Washington Post has a news update headlined “Roberts: Decision could give drunk drivers ‘one free swerve.’

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court upholds ban on traffic stops based on a caller’s tip; Justices uphold ruling in a drunk driving case that officers must see a suspicious act before stopping a vehicle; Chief Justice Roberts dissents, saying that will give drunk drivers ‘one free swerve.’

And Warren Richey of The Christian Science Monitor reports that “Supreme Court declines to set rule on drunk driving stops; The Supreme Court lets stand a Virginia court ruling that police must actually see erratic driving — and not just rely on anonymous tips — to stop a suspected drunk driver.”

You can access today’s order of the U.S. Supreme Court denying certiorari and the Chief Justice’s dissent therefrom at this link.

Posted at 9:20 PM by Howard Bashman



“Ohio high court hears online communications case”: The Associated Press has a report that begins, “Booksellers, video game dealers, newspaper publishers and other critics of an online child protection law encountered skepticism from state Supreme Court justices Tuesday for their free-speech arguments.”

The case is pending before the Supreme Court of Ohio on certified question from the U.S. Court of Appeals for the Sixth Circuit.

The Ohio Supreme Court’s Office of Public Information has a summary of the case headlined “Court Asked to Confirm Attorney General’s Reading of State Law Protecting Children from Internet Obscenity.”

Posted at 9:14 PM by Howard Bashman



“U.S. Supreme Court: Ref. 71 names to remain sealed for now; The U.S. Supreme Court today ordered that signatures collected to get Referendum 71 on Washington’s ballot are to remain sealed until it decides whether to hear an appeal in the case.” The Seattle Times has this news update.

Wednesday’s edition of The New York Times will contain an article headlined “Justices Uphold Ban on Releasing Names on a Petition.”

And The Associated Press reports that “Court blocks names in gay partnership referendum.”

You can access today’s U.S. Supreme Court order at this link.

Posted at 9:10 PM by Howard Bashman



Programming note: A case in which I helped write the appellants’ briefs on the merits is being argued today before the Supreme Court of Pennsylvania sitting in Philadelphia. Additional posts will appear here later today after I return from that oral argument.

Posted at 7:00 AM by Howard Bashman



“Justice blocks names in gay rights ballot measure”: The Associated Press has a report that begins, “Supreme Court Justice Anthony Kennedy has temporarily blocked Washington state officials from releasing the names of people who signed a ballot measure on gay rights.”

Posted at 6:57 AM by Howard Bashman