How Appealing



Tuesday, November 17, 2009

“Controversial court nominee survives Senate test”: The Associated Press now has an updated report that begins, “Democrats on Tuesday crushed a Senate filibuster against a controversial appeals court nominee, demonstrating to Republicans they can’t stop President Barack Obama from turning the federal judiciary to the left. The 70-29 vote limited debate over the qualifications of U.S. District Judge David Hamilton of Indiana, and assured his elevation to the Chicago-based appeals court.”

Posted at 5:05 PM by Howard Bashman



“Does death for 9/11 plotters offend federalism?” Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 4:40 PM by Howard Bashman



“NY lawyer in terror case ordered to prison”: The Associated Press has a report that begins, “A federal appeals court has ordered a civil rights lawyer convicted in a terrorism case to begin serving her prison sentence. The 2nd U.S. Circuit Court of Appeals in Manhattan on Tuesday also upheld Lynne Stewart’s conviction.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit in United States v. Lynne Stewart, et al., at this link. Each of the three judges on the three-judge panel issued an opinion.

Posted at 10:37 AM by Howard Bashman



“Mich. affirmative action ban to be challenged in U.S. court of appeals”: This article appears today in The State News, the student newspaper of Michigan State University.

The Detroit Free Press reports today that “Affirmative action ban to be debated in court.”

The Associated Press reports that “Court to consider Mich. affirmative action ban.”

And in The Detroit News, columnist Laura Berman has an essay entitled “Proposal 2 challenge continues.”

Posted at 10:18 AM by Howard Bashman



“Judges Calabresi and Easterbrook Face Off on How to Interpret Statutes”: Jeff Jeffrey had this post Saturday at “The BLT: The Blog of Legal Times.”

And “Josh Blackman’s Blog” provides this coverage, featuring YouTube video clips of the debate.

Posted at 10:07 AM by Howard Bashman



“Black Firefighters Move to Intervene in Ricci v. DeStefano”: Daniel Schwartz has this post today at his “Connecticut Employment Law Blog.”

Posted at 9:57 AM by Howard Bashman



“R.I. judicial selction process needs transparency”: Columnist Edward Fitzpatrick has this op-ed today in The Providence Journal.

Posted at 9:54 AM by Howard Bashman



“Goal of New ABA Website: All the Federal Decisions that Are Fit to Print.” The ABA Journal’s “Law News Now” blog has this post.

Posted at 9:45 AM by Howard Bashman



“DNA evidence useless in Jovin murder case; DNA tainted by lab technician, eliminating crucial lead in decade-old murder case”: This article appeared yesterday in The Yale Daily News.

Posted at 9:40 AM by Howard Bashman



“Cases on Life Terms for Juveniles”: You can view this past Saturday’s broadcast of C-SPAN’s “America & the Courts” online and on-demand by clicking here.

Notwithstanding the title of this installment, the bulk of the broadcast (beginning at 23:40) consists of a discussion among Pennsylvania-based judges and news media titled “The Third Branch Meets the Fourth Estate.” Additional photographs from that event can be accessed at this link. Coincidentally, I’ll be among the participants at a somewhat similar event scheduled to occur tomorrow at the Newseum in Washington, DC.

Posted at 8:17 AM by Howard Bashman



“Supreme Court urged to end bail hearing ‘cone of silence’; Media argue ban violates free speech, but governments say measure ensures fair trial”: Today’s edition of The Toronto Star contains an article that begins, “Sweeping publication bans at bail hearings put ‘a cone of silence’ around a judicial system that should be open to public scrutiny at the very early stages, lawyers told the country’s top court. In one of the first major challenges to a 1976 criminal code provision, the Toronto Star, Associated Press, CBC and other media outlets urged the Supreme Court of Canada on Monday to strike down the law that makes a ban on information at bail hearings mandatory if requested by the Crown or an accused.”

The Toronto Sun has an article headlined “Taking the publication ban fight to the top court,” which links to this related court filing.

Canwest News Service reports that “News organizations ask top court to allow more bail information.”

And The Associated Press reports that “Canada Supreme Court hears media appeal.”

Posted at 8:12 AM by Howard Bashman



“GOP weighs filibuster of Obama judicial nominee”: This article appears today in The Washington Times.

Today’s edition of The Journal Gazette of Fort Wayne, Indiana reports that “Lugar defies colleague, goes to bat for judge.”

The Indianapolis Star reports that “Lugar defends Obama’s pick of Hoosier for appeals court.”

The Los Angeles Times contains an editorial entitled “Time for a ruling on judge: David F. Hamilton, nominated to the 7th Circuit Court, has been held up by partisan politics; But such delays also interfere with the administration of justice.”

The New York Times contains an editorial entitled “Obama’s Judicial Nominations.”

And The Washington Post contains an editorial entitled “Giving hypocrisy a bad name: Republicans slammed filibusters of Bush judicial nominees; Now they see things differently.”

Posted at 7:48 AM by Howard Bashman



Monday, November 16, 2009

“llinois leaders split on taking Guantanamo detainees at state prison; Idea of transferring Guantanamo detainees to a prison in Illinois has backing of state’s top Democrats, but Republican congressmen balk”: The Christian Science Monitor has this report.

Posted at 10:42 PM by Howard Bashman



“Supreme Court: Miami school can ban book on Cuba; The Supreme Court Monday declined to hear a challenge to a Miami school board decision that removed a book about Cuba from public schools; The book was seen as presenting too cheery a view of life in Cuba.” Warren Richey of The Christian Science Monitor has this report.

The Miami Herald has a news update headlined “Supreme Court turns down Cuban book case.”

And The Associated Press reports that “Court won’t get involved in book banning case.”

Posted at 10:34 PM by Howard Bashman



“Court won’t hear Redskins case; Justices decline to review ruling on team nickname”: Robert Barnes will have this article Tuesday in The Washington Post.

And Warren Richey of The Christian Science Monitor reports that “Washington Redskins can keep team name; Supreme Court refuses native Americans’ suit; Seven native Americans had sued to force the Washington Redskins to change the team name; The Supreme Court on Monday let stand a ruling that their challenge came too late.”

Posted at 10:27 PM by Howard Bashman



“Obama Looks to Move Judges; Confirmation Pace Too Slow”: Tuesday’s edition of Roll Call will contain an article that begins, “The White House is quietly urging Senate Democrats to come up with a list of potential candidates for the federal bench, hoping to flood the pipeline with circuit and district court nominees and ratchet up the pressure on Republicans to confirm them.”

Politico.com reports that “Senate GOP will try to block nominee.”

FOXNews com reports that “Senator Plans to Filibuster Obama Judicial Appointee.”

At “The Caucus” blog of The New York Times, Charlie Savage has a post titled “G.O.P. Senator Supports a Filibuster for Judicial Nominee.”

The “Swampland” blog of Time magazine has a post titled “Sessions to Filibuster Obama’s 7th Circuit Nominee.”

The Journal Gazette of Fort Wayne, Indiana reports that “Lugar defends Hoosier judicial nominee.”

Gannett News Service reports that “Lugar defends Hamilton as judicial pick.”

On Tuesday’s broadcast of NPR’s “Morning Edition,” Nina Totenberg will have an audio segment entitled “GOP Opposition Slows Obama’s Judicial Nominees.”

And McClatchy Newspapers have posted online an op-ed by law professor Carl Tobias entitled “Confirming Judge Hamilton for the Seventh Circuit.”

Posted at 9:45 PM by Howard Bashman



“U.S. Supreme Court restores, for the third time, death sentence for California murderer; The justices reverse an appeals court ruling, saying jurors wouldn’t have been swayed by Fernando Belmontes’ tough childhood; Belmontes beat a woman to death with a dumbbell to steal her stereo”: David G. Savage will have this article Tuesday in The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle has a news update headlined “Central Valley killer back in line for death.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Reinhardt Reversed for Third Time in Same Case.”

Posted at 9:30 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court today granted review in one case and called for the views of the Solicitor General in one case.

In addition, the Court issued a per curiam opinion in Wong v. Belmontes, No. 08-1263, along with a concurring opinion by Justice John Paul Stevens.

At “SCOTUSblog,” Lyle Denniston has a post titled “Court adds one new case.”

And in early news coverage, The Associated Press reports that “Court won’t hear complaint about Redskins name” and “Court turns down student over religious speech.”

Posted at 10:05 AM by Howard Bashman



“Judges could free detainees moved to U.S.” At Politico.com, Josh Gerstein has an article that begins, “When it comes to keeping Guantanamo inmates locked up indefinitely in the United States, the problem really isn’t the jails, some lawyers say–it’s the judges and the law.”

Posted at 10:02 AM by Howard Bashman



Sunday, November 15, 2009

“Khalid Sheikh Mohammed 9/11 trial carries risks; Alleged 9/11 mastermind Khalid Sheikh Mohammed and four others will be tried in federal court; It’s a risky decision by the Obama administration, opening the way for aggressive defense tactics”: Warren Richey of The Christian Science Monitor has this article, along with an article headlined “Who are Khalid Sheikh Mohammed and the other accused terrorists? Khalid Sheikh Mohammed and four others are to stand trial in New York; Here’s the evidence federal prosecutors will use against them.”

Posted at 10:20 PM by Howard Bashman



“Obama’s judicial confirmations are slow going; Senate Republicans have quietly used their minority power to block candidates to the lower federal courts; A showdown is set for Tuesday with Judge David Hamilton’s nomination”: David G. Savage will have this article Monday in The Los Angeles Times.

And Alexander Bolton of The Hill reports that “Conservatives split over filibuster of Obama court pick.”

Posted at 9:57 PM by Howard Bashman



“Texas death row man claims inmates’ numbered days are form of torture; Murderer Danielle Simpson who faces execution on Wednesday speaks about his nine-year term spent locked up in solitary”: The Guardian (UK) provides this report.

Posted at 5:44 PM by Howard Bashman



“Hispanic appointee breaks ground as state appeals judge; Toledo attorney looks forward to tackling challenges on bench”: This article appears today in The Toledo Blade.

Posted at 5:42 PM by Howard Bashman



“No vindication for Gableman”: The Capital Times of Madison, Wisconsin posted this editorial online yesterday.
The Wisconsin Judicial Conduct Panel’s findings of fact, conclusions of law, and recommendation can be accessed here.

Posted at 5:40 PM by Howard Bashman