How Appealing



Monday, May 31, 2010

“Business to defend court funds ruling; Congress mulls curb with a bill”: Today’s edition of The Washington Times contains an article that begins, “The head of the nation’s biggest business lobby says lawmakers who try to roll back the Supreme Court’s pro-business campaign finance ruling are in for a fight.”

Posted at 1:20 PM by Howard Bashman



Sunday, May 30, 2010

“Senators Target Supreme Court’s ‘Exxon’ Ruling in Effort to Make Oil Companies Pay for Spills”: Marcia Coyle of The National Law Journal has this report.

Posted at 2:35 PM by Howard Bashman



“A Messy Loss For Climate Lawsuit Plaintiffs”: At the “On the Docket” blog at Forbes.com, Daniel Fisher has a post that begins, “The Fifth Circuit Court of Appeals has decided, in a convoluted and dissent-provoking way, not to decide a politically charged global-warming lawsuit against ExxonMobil, BP, AES, Dow Chemical and most of the rest of the American industrial establishment.”

My most recent earlier coverage appears in this post.

Posted at 2:30 PM by Howard Bashman



“Souter defends judicial activism; Says perspectives change with time”: This article appeared Friday in The Boston Globe.

Friday’s edition of The Harvard Crimson reported that “Souter Presents Judicial Philosophy in Commencement Speech.”

And the Harvard Gazette has posted online an article headlined “Plain language, complex meanings: In Commencement address, retired Justice Souter says Constitution can be a conflicting document.”

You can access the prepared text of Justice David H. Souter’s commencement address at this link.

Posted at 2:20 PM by Howard Bashman



“Supreme Court justice by appointment, big sister for life”: Friday’s edition of The Post-Standard of Syracuse, New York contained an article that begins, “Dr. Juan Sotomayor never allowed himself to believe. Sure, big-time journalists across the nation were predicting that his older sister, Sonia Sotomayor, might become a justice on the U.S. Supreme Court. The possibility was so magnificent, so celestial, that Juan feared the crushing disappointment if it didn’t happen.”

Posted at 2:11 PM by Howard Bashman



“From Carswell to Kagan: Learning the hard way to vet court nominees; Be rigorous with background checks — and don’t forget the ‘sex, drugs and rock-and-roll’ questions.” David G. Savage has this article today in The Los Angeles Times.

The Chicago Tribune reports today that “U. of C. law faculty didn’t back Kagan; No job offer when she sought return after Clinton duty.”

And The Boston Globe contains an editorial entitled “Kagan: No, a B-minus is not a cataclysm.”

Posted at 2:00 PM by Howard Bashman



Friday, May 28, 2010

Fifth Circuit’s en banc disposition of global warming-related case can only be described as curiouser and curiouser: The Fifth Circuit, with sixteen judges now in regular active service, voted to take the case en banc based on the majority vote of the nine judges who were not recused. After the vote to take the case en banc, a judge who had participated in the en banc vote decided to recuse, leaving eight judges recused and eight judges not recused. This, in the view of at least five of the eight non-recused judges, left the en banc court without a quorum to decide the matter. As for what happened next, you can access today’s order and the two dissents therefrom at this link.

My earlier coverage of this notable case can be accessed here, here, and here.

The original ruling from a three-judge Fifth Circuit panel can be accessed here, while the Fifth Circuit’s order granting rehearing en banc can be accessed here.

Posted at 11:58 PM by Howard Bashman



Thursday, May 27, 2010

“Solicitor General Revises Data on Federal Juvenile Sentences”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 11:14 PM by Howard Bashman



“Yakima murder conviction overturned by state Supreme Court”: The Yakima Herald-Republic has a news update that begins, “The state Supreme Court released an opinion this morning overturning a 2007 Yakima County murder conviction on the grounds that holding the trial in the county’s jailhouse courtroom was prejudicial.”

And The Associated Press has a report headlined “Wash. court: Jail trial unfair to murder defendant.”

Today’s ruling of the Washington State Supreme Court consists of a majority opinion, two concurring opinions (here and here), and two dissenting opinions (here and here).

Posted at 2:43 PM by Howard Bashman



“Justice Scalia: Kagan’s lack of judicial experience no bar to Supreme Court.” Robert Barnes has this article today in The Washington Post.

The Associated Press has a report headlined “Former justice: Judicial experience not an issue.”

Politico.com has an article headlined “W.H. rolls out Kagan narrative” and an op-ed by Tevi Troy entitled “Don’t expect much from Kagan e-mails.”

And in today’s edition of USA Today, Tony Mauro has an op-ed entitled “For Kagan, craftiness and candor are key to hearings.”

Posted at 10:20 AM by Howard Bashman



“Judge: bloggers’ conduct ‘pretty sad.'” Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 7:48 AM by Howard Bashman



Wednesday, May 26, 2010

“Bagram: a legal black hole? Prisoners held there are not allowed to seek writs of habeas corpus, a U.S. appeals court rules; It could lead to abuses.” This editorial appears today in The Los Angeles Times.

Posted at 7:38 PM by Howard Bashman



“Senators will have less background on Kagan to help make Supreme Court decision”: Robert Barnes has this article today in The Washington Post.

And in today’s edition of The New York Times, law professor John Yoo has an op-ed entitled “An Executive Without Much Privilege” that begins, “Presidential power has emerged as a potential topic of controversy in the nomination of Solicitor General Elena Kagan to the Supreme Court.”

Posted at 2:55 PM by Howard Bashman



“Klobuchar raps WaPo story on Kagan style”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 8:02 AM by Howard Bashman



Tuesday, May 25, 2010

“As Marshall clerk, Kagan was wary of conservatives”: Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 4:33 PM by Howard Bashman



“This case concerns the crime of neonaticide, which is the killing of a newborn child on the first day of life. This crime is practically unknown in the federal courts.” So begins a dissenting opinion that Senior Eighth Circuit Judge Myron H. Bright issued today. The offense was prosecuted as a federal crime because it occurred on an Indian Reservation.

Posted at 2:57 PM by Howard Bashman