How Appealing



Tuesday, October 20, 2009

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



Monday, October 19, 2009

Programming note: This evening, I’ll be at Citizens Bank Park in Philadelphia to see game four of the National League Championship Series as the Philadelphia Phillies host the Los Angeles Dodgers. You can access previews of tonight’s game at this link. Additional posts will appear here on Tuesday morning.

Update: Final score — Philadelphia Phillies 5, Los Angeles Dodgers 4. You can access the box score at this link. You can view the game-winning, walk-off 2 RBI double by Jimmy Rollins by clicking here. Additional video highlights from the game can be accessed via this link. And in coverage from MLB.com, you can access articles headlined “Phils walk off in ninth, one win from Series; Rollins’ two-out, two-run double sinks Dodgers in Game 4” and “Dodgers, Broxton stung by Phils in ninth; Rollins laces walk-off double, putting L.A. in 3-1 hole.”

Posted at 4:00 PM by Howard Bashman



“D.C. Circuit Tries to Untangle Eminent Domain Battle”: Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”

Posted at 2:20 PM by Howard Bashman



“Jan Crawford Greenburg Leaves ABC for CBS”: The blog “TVNewser” had this post late Friday.

And today, CBS News has issued a press release that begins, “Jan Crawford Greenburg will become CBS News Chief Legal Correspondent, it was announced today by Sean McManus, President, CBS News and Sports. Her appointment will be effective January 4, 2010.”

Posted at 10:52 AM by Howard Bashman



“The price of vanity plates: XXXXXXX car tag nets man $19,000 in tickets.” This article appeared Friday in The Birmingham (Ala.) News.

Posted at 9:22 AM by Howard Bashman



“Inmate-abortion fight continues; Arpaio, ACLU clash over transport fees”: Today’s edition of The Arizona Republic contains an article that begins, “Maricopa County Sheriff Joe Arpaio has been battling with the American Civil Liberties Union over a jail inmate’s right to be transported to an abortion clinic since 2004, and Arpaio has lost the battle all the way up to the U.S. Supreme Court.”

Posted at 7:35 AM by Howard Bashman



“Are you voting for Panella or Melvin? Who? For what?” Today in The Philadelphia Daily News, columnist John Baer has an op-ed that begins, “Way below the noise of the national health-care debate and the state budget debacle is a whisper of a race for state Supreme Court with possible loud and long-term impact.”

Posted at 7:32 AM by Howard Bashman



“Review death penalty law, ex-governor urges; White worries about execution of the innocent”: The Houston Chronicle contains this article today.

Posted at 7:30 AM by Howard Bashman



Sunday, October 18, 2009

“Flags of convenience: Ideological foes apply constitutional principles inconsistently.” Roy T. Englert Jr. and Alex Potapov will have this essay in the October 19, 2009 issue of The National Law Journal.

Posted at 12:50 PM by Howard Bashman



“Perry uses clemency sparingly on death row; Governor has never called off an execution on a claim of innocence”: The Houston Chronicle contains this article today.

Posted at 10:27 AM by Howard Bashman



“Justice system failings in wake of Hurricane Katrina left wounds that remain unhealed”: This article appears today in The Times-Picayune of New Orleans.

Posted at 10:20 AM by Howard Bashman



“U.S. Supreme Court: Gun control on culture war’s front burner.” Michael Kirkland of United Press International has this report today.

Posted at 10:18 AM by Howard Bashman



“California gives the poor a new legal right; Under a new law, the state will provide lawyers in key civil cases, such as those dealing with eviction and domestic abuse; Advocates say underprivileged litigants will get a better shot at justice”: Carol J. Williams had this article yesterday in The Los Angeles Times.

Posted at 10:15 AM by Howard Bashman



Saturday, October 17, 2009

“Suspect can be extradited, court rules; Supreme Court overturns Ontario Court of Appeal decision”: Today’s edition of The Toronto Globe & Mail contains an article that begins, “An Arizona man can be extradited on a murder charge despite the fact that evidence against him does not equate with Canadian legal requirements, the Supreme Court of Canada ruled yesterday.”

The Arizona Daily Star reports today that “Man charged in wife’s death to be extradited.”

And Bloomberg News reports that “Canada Supreme Court Orders U.S. Murder Suspect’s Extradition.”

You can access yesterday’s ruling of the Supreme Court of Canada at this link.

Posted at 11:17 PM by Howard Bashman



“Legal changes open doors to working women; Decades of action by Congress and courts broke down many of the barriers”: Pete Williams, Justice correspondent for NBC News, has this report.

Posted at 11:12 PM by Howard Bashman



“Clash of schools, blogs raises free-speech issues; Butler sues student; district responds to teacher’s allegations”: The Indianapolis Star contains this article today.

Posted at 10:52 AM by Howard Bashman



“Right to counsel should include competence: When a guilty plea could mean deportation, a lawyer should be able to give his client good advice.” This editorial appears today in The Los Angeles Times.

Posted at 10:45 AM by Howard Bashman



“Issue of Gableman recusal divides state Supreme Court”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “Justices on the deeply divided state Supreme Court hurled dueling statements this week, with one contingent accusing the other of delaying decisions on how to handle requests to force the newest member of the court off criminal cases. The fight brewing between justices comes as they wrestle with when judges must remove themselves from cases. It signals that the ethics case against the newest member, Justice Michael Gableman, may be a flashpoint for the court.”

Posted at 10:42 AM by Howard Bashman



Friday, October 16, 2009

Fifth Circuit reinstates lawsuit alleging that the operation of energy, fossil fuels, and chemical industries in the United States caused the emission of greenhouse gasses that contributed to global warming, resulting in the harms caused by Hurricane Katrina: According to today’s ruling of the U.S. Court of Appeals for the Fifth Circuit:

Plaintiffs’ public and private nuisance claims assert that defendants intentionally and unreasonably used their property so as to produce massive amounts of greenhouse gasses and thereby injure both plaintiffs and the general public by contributing to global warming, which caused the sea level rise and added to the ferocity of Hurricane Katrina, the combined effects of which resulted in the destruction of plaintiffs’ private property, as well as their loss of use of certain public property in the vicinity of their dwellings.

Today’s ruling holds only that the plaintiffs have standing to assert these claims, and that the claims do not present non-justiciable political questions. Whether the claims have merit or are otherwise valid are issues that remain to be addressed, in the first instance by the trial court.

Posted at 9:32 PM by Howard Bashman



En banc U.S. Court of Appeals for the Sixth Circuit issues evenly divided ruling on lawsuit challenging the legality of the federal law known as the No Child Left Behind Act of 2001: You can access today’s order, affirming the federal district court’s ruling by an evenly divided court, at this link. In addition, four judges on the Sixth Circuit issued opinions totaling over 90 pages explaining their views of the case.

Back in January 2008, a three-judge Sixth Circuit panel issued this ruling on the case, and I had this post about the ruling on the day it issued.

Update: In news coverage of today’s ruling, The Associated Press reports that “Feds prevail in dispute over education law.”

Posted at 2:30 PM by Howard Bashman