How Appealing



Friday, November 20, 2009

“Racism alleged in Wall Street Journal editorial on Butler”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “A state senator, a former state Supreme Court justice and a Wisconsin lawyer accused The Wall Street Journal of racism Thursday for referring to an African-American judicial nominee as ‘the White House Butler.'”

The editorial that The Wall Street Journal published yesterday carried the headline “The White House Butler: A judge twice rejected by voters is nominated by President Obama.”

Posted at 11:17 AM by Howard Bashman



“The question then is whether the Michigan Legislature can constitutionally provide that a felon who possesses a firearm shall be convicted of and punished for violating two criminal statutes: felon in possession of a firearm, and possession of a firearm while being a felon in possession of a firearm.” Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision, which fans of the U.S. Constitution’s double jeopardy clause are likely to find quite interesting.

Posted at 11:03 AM by Howard Bashman



Thursday, November 19, 2009

“U.S. Senate confirms Hoosier nominee”: The Indianapolis Star has this news update.

The Journal Gazette of Fort Wayne, Indiana has a news update headlined “Hoosier judge confirmed to appeals court.”

Warren Richey of The Christian Science Monitor reports that “Senate OK’s David Hamilton to be US appeals court judge; Judge David Hamilton is elevated to the US appeals court, after GOP effort to stall a vote failed; Republican resistance signals more political fights are likely over Obama’s nominees to the federal bench.”

Bloomberg News reports that “Senate Confirms Obama Federal Appeals Court Nominee.”

And Politico.com reports that “Senate confirms controversial judge.”

Posted at 7:22 PM by Howard Bashman



“Jesus vs. Allah: The fight over God’s secular title.” Dahlia Lithwick will have this essay in the November 30, 2009 issue of Newsweek.

Posted at 7:10 PM by Howard Bashman



“Senate confirms controversial judge”: The Associated Press has a report that begins, “The Senate has confirmed David Hamilton for the Chicago-based federal appeals court after Democrats stopped a Republican filibuster. Conservatives targeted Hamilton, labeling him a liberal activist. Hamilton, a U.S. district judge from Indiana, was approved 59-39 and became the eighth of President Barack Obama’s judicial nominees to win confirmation. He is the third nominee confirmed to serve on an appeals court.”

You can access the U.S. Senate’s official roll call vote tally at this link.

Posted at 3:35 PM by Howard Bashman



Ninth Circuit upholds order refusing to allow Campaign for California Families to intervene in lawsuit challenging the constitutionality of Proposition 8, a state ballot initiative restricting the definition of marriage to the union of a man and a woman: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 2:44 PM by Howard Bashman



“Court Upholds Recognition of Gay Marriages in Narrow Ruling”: The “City Room” blog of The New York Times has a post that begins, “The state’s highest court rejected a challenge by opponents of same-sex marriage to policies that recognize same-sex marriages performed in other states, though the decision gives gay advocates a small victory because it applies to a relatively limited number of people.”

And The Associated Press has a report headlined “NY court: Married gay couples entitled to benefits.”

You can access today’s ruling of the New York State Court of Appeals — that State’s highest court — at this link.

Posted at 10:25 AM by Howard Bashman



“Kennedy’s School-Press Incident Wasn’t the First”: Today in The Wall Street Journal, Jess Bravin has an article that begins, “Justice Anthony Kennedy got into a messy situation this month after a widely circulated report that his office made a school newspaper get permission before running an article about the justice. It turns out the incident at New York’s Dalton School wasn’t the only such case. In October, student press at George Washington University faced a similar requirement when covering Justice Kennedy’s Oct. 15 lecture to a law school audience.”

Additional related coverage can be accessed via this post of mine from last night.

Posted at 9:42 AM by Howard Bashman



“Holder Defends Decision to Use U.S. Court for 9/11 Trial”: Charlie Savage has this article today in The New York Times.

The Washington Post reports today that “Holder answers to 9/11 relatives about trials in U.S.; Views mixed Attorney general also faces questions in Senate hearing.”

The Los Angeles Times reports that “Obama and Holder defend plans to try Sept. 11 suspects; Republican lawmakers question whether a civilian trial would be successful and say it might again make New York a terrorist target; Holder counters: ‘We need not cower in the face of this enemy.’

Warren Richey of The Christian Science Monitor has an article headlined “Holder: ‘Failure not an option’ in New York 9/11 terror trial; But Attorney General Eric Holder also told senators Wednesday that accused 9/11 mastermind Khalid Sheikh Mohammed could be detained indefinitely if acquitted in a New York terror trial.” The Monitor also reports that “New York divided over 9/11 terror trials; New York has seen seven major terror trials in the past, the most of any city in America; But residents — both ordinary citizens and elected officials — appear to be split over the decision to try the perpetrators of the 9/11 attacks in the city.”

USA Today reports that “Obama predicts execution in 9/11 case; President confident in justice system.”

Evan Perez of The Wall Street Journal reports that “Holder Is Confident of 9/11 Convictions.”

James Rosen of McClatchy Newspapers reports that “GOP senators, Holder clash over New York trials for 9/11 plot.”

And The Washington Times reports that “Holder suggests acquittal won’t free terrorist; Defends trial in New York.”

Meanwhile, from the Guantanamo Bay Navy Base in Cuba, Carol Rosenberg of The Miami Herald has articles headlined “Broken deadline not a surprise at Guantanamo; No reinforcements, and no surprise at Guantanamo, as word spread that President Barack Obama confirmed the White House will miss its closure deadline” and “Guantanamo war court back in session.”

Posted at 9:35 AM by Howard Bashman



“Some Courts Raise Bar on Reading Employee Email; Companies Face Tougher Tests to Justify Monitoring Workers’ Personal Accounts; Rulings Hinge on ‘Expectation of Privacy'”: Dionne Searcey has this article today in The Wall Street Journal.

Posted at 9:24 AM by Howard Bashman



“Texas marriages in legal limbo because of constitutional amendment, candidate says”: In yesterday’s edition of the Fort Worth Star-Telegram, Dave Montgomery had an article that begins, “Texans: Are you really married? Maybe not. Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state.”

Posted at 9:20 AM by Howard Bashman



“4 for the 4th Circuit; Obama Moves Quickly to Fill Vacancies, But Will Nominees Change Court’s Conservative Outlook?” David Ingram of The National Law Journal has this report.

Posted at 9:00 AM by Howard Bashman



“Judge orders compensation for gay couple who were denied healthcare, other benefits; Skirting the Defense of Marriage Act, a 9th Circuit judge orders that a federal attorney be reimbursed the costs associated with the denial of coverage for his husband”: Carol J. Williams has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that “Ruling favors married gay federal lawyer.”

Denny Walsh of The Sacramento Bee reports that “Judge rules same-sex couple must be repaid after denial of benefits.”

And The Associated Press has a report headlined “Judge: Feds must grant gay lawyer insurance pay.”

Circuit Judge Stephen Reinhardt is the author of yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit.

Posted at 7:25 AM by Howard Bashman



Wednesday, November 18, 2009

“Conviction of Sheik’s Lawyer for Assisting Terrorism Is Upheld”: Today’s edition of The New York Times contains an article that begins, “A federal appeals court panel in Manhattan on Tuesday upheld the conviction of Lynne F. Stewart, the outspoken defense lawyer who was found guilty in 2005 of assisting terrorism by smuggling information from an imprisoned client to his violent followers in Egypt.”

The New York Post reports today that “Harder time urged for jailbound Lynne.”

law.com reports that “2nd Circuit Upholds Disbarred Lawyer’s Conviction in Terror Case.”

And the blog “Gawker” has a post titled “Activist Judges Affirm Activist Attorney’s Conviction.”

My earlier coverage of yesterday’s Second Circuit ruling appears at this link.

Posted at 8:15 PM by Howard Bashman



Good thing The New York Times doesn’t provide Justice Anthony M. Kennedy with pre-publication review: Or else he probably would have killed what he refers to as this “stupid story” by Adam Liptak, which the newspaper published one week ago, and thereby would have denied us the spectacle of today’s flap over the article’s newsworthiness.

Today in The Wall Street Journal, Jess Bravin has articles headlined “Kennedy Frustrated Over School-Press Flap” and “Justice Kennedy’s Day of Misunderstanding.” Although Justice Kennedy calls the subject matter of Liptak’s article “stupid,” Justice Kennedy does not dispute the accuracy of what Liptak has reported.

Posted at 7:51 PM by Howard Bashman



Tuesday, November 17, 2009

Programming note: I’ll be waking up very, very early on Wednesday morning to travel to Washington, DC to participate in the “Justice and Journalism” program at the Newseum. Depending on the availability of wireless internet access and program protocol, additional posts may not appear here until Wednesday evening.

Posted at 10:14 PM by Howard Bashman



“Second Amendment Protects All Americans, Supreme Court Told”: Declan McCullagh has this post today at his “Taking Liberties” blog hosted by CBSNews.com.

Posted at 10:00 PM by Howard Bashman



“Report Released On W.Va. Judicial Reform”: Today’s edition of The Wheeling News-Register contains an article that begins, “A committee to reform West Virginia’s courts suggests a pilot program to publically fund one state Supreme Court race in 2012. The Independent Commission on Judicial Review commissioned by Gov. Joe Manchin in April released its report Monday on how best to improve the public’s perception of justice in West Virginia’s courts.”

Today’s edition of The Charleston (W. Va.) Daily Mail contains an article headlined “Judicial report takes gradual approach to reform.”

The Associated Press reports that “Panel proposes 2nd appeals court for W.Va.

And The West Virginia Record reports that “Judicial Reform panel submits report.”

You can access the final report of the West Virginia Independent Commission on Judicial Reform at this link.

Posted at 9:02 PM by Howard Bashman



“Moyer, others want justice selection changed”: Today’s edition of The Columbus Dispatch contains an article that begins, “Chief Justice Thomas J. Moyer has been elected to the Ohio Supreme Court four times. That’s at least two times too many, he figures.”

Posted at 8:54 PM by Howard Bashman



Articles of interest available online at SSRN: Law professor Richard A. Epstein has an article entitled “NRA v. City of Chicago: Does the Second Amendment Bind Frank Easterbrook?” (via “Legal Theory Blog“).

Law professor Amy E. Sloan has an article entitled “The Dog that Didn’t Bark: Stealth Procedures and the Erosion of Stare Decisis in the Federal Courts of Appeals” (via “Legal Theory Blog“).

And Stefanie Lepore has an article entitled “The Development of the Supreme Court Practice of Calling for the Views of the Solicitor General” (via “Legal Theory Blog“).

Posted at 8:52 PM by Howard Bashman



“Obama court nominee David Hamilton clears Senate hurdle; A Republican effort to stall an Obama appeals court nominee failed Tuesday; A full Senate vote on Judge David Hamilton is set for Wednesday”: Warren Richey of The Christian Science Monitor has this report.

The Journal Gazette of Fort Wayne, Indiana has a news update headlined “Senate agrees to allow vote on Hoosier judicial nominee; Lugar votes to stop GOP filibuster.”

The Birmingham News has an update headlined “Jeff Sessions loses vote, makes his point.”

The Mobile Press-Register has a news update headlined “U.S. Sen. Jeff Sessions’ bid to filibuster federal court nominee fails.”

Bloomberg News reports that “Obama Judge Selection Advances as Senate Clears Way for Debate.”

And Politico.com reports that “Senate ends debate over judicial nominee.”

Posted at 8:07 PM by Howard Bashman