How Appealing



Tuesday, June 15, 2010

“Families in 9/11 Financing Case Ask to Have Judge Replaced”: Today’s edition of The New York Times contains an article that begins, “Lawyers for families of 9/11 victims have taken the unusual legal step of asking a federal appeals court in Manhattan to replace a judge overseeing a group of terrorism-financing lawsuits, saying he is moving too slowly in resolving key motions.”

Posted at 10:54 AM by Howard Bashman



“Justices Ease Deportation Rule in Minor Drug Cases”: Adam Liptak has this article today in The New York Times. The newspaper also contains an editorial entitled “A Good Day for Judicial Discretion.”

In today’s edition of The Washington Post, Robert Barnes has an article headlined “No automatic deportation of immigrants for minor drug offenses, justices rule.”

David G. Savage of The Los Angeles Times has articles headlined “Court blocks deportation over minor drug convictions; The justices rule that a legal Texas resident’s two possession arrests do not constitute an ‘aggravated felony’ and that he should not have been sent to Mexico” and “U.S. Supreme Court to rule on California inmate release; Ordered by federal judges to free 46,000 prisoners to relieve overcrowding, Gov. Schwarzenegger sought the top court’s intervention; The case will be heard this fall and a ruling is expected early next year.”

Bob Egelko of The San Francisco Chronicle reports that “High court to rule on state inmate reductions.”

Howard Mintz of The San Jose Mercury News reports that “U.S. Supreme Court to hear California prison overcrowding case.”

Denny Walsh of The Sacramento Bee reports that “U.S. Supreme Court to hear California prison population case.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court eases restriction on prisoners’ appeals.”

Warren Richey of The Christian Science Monitor has articles headlined “Supreme Court to hear California prison overcrowding case; A federal panel ordered the release of 38,000 from California’s prisons to alleviate strain on inmate health care; Gov. Schwarzenegger wants the Supreme Court to overturn the order“; “Supreme Court gives hope to some death-row inmates; The Supreme Court ruled Monday that, under extraordinary circumstances, courts should accept death row appeals even after a one-year statute of limitations has expired“; “Supreme Court: judges have leeway on criminal restitution deadline; A federal law mandates that judges decide restitution in criminal cases within 90 days of sentencing; But the Supreme Court ruled Monday that judges could impose the dollar figure after the deadline so long as they said beforehand that they were going to order restitution“; and “Supreme Court refuses Maher Arar torture case; The US Supreme Court declined to take the case of Canadian citizen Maher Arar, who alleged that US officials deported him to Syria in 2002 knowing he would be tortured during terrorism interrogations.”

Tony Mauro of The National Law Journal reports that “Supreme Court Delivers Rare Victory to Death Penalty Defendants.” And Marcia Coyle reports that “High Court Lets Government Take Fee Awards for Clients’ Debts.”

Posted at 10:50 AM by Howard Bashman



“If Chicago’s gun control law is overturned, what next? The Supreme Court will decide soon if Chicago’s controversial handgun ban is unconstitutional; Both sides say such a decision would spur a slew of challenges to gun control laws elsewhere.” The Christian Science Monitor has this report.

Posted at 10:08 AM by Howard Bashman



Monday, June 14, 2010

Ninth Circuit reinstates charges against Los Angeles attorney Pierce O’Donnell for violating federal campaign laws by allegedly asking employees of his law firm to contribute to the 2004 presidential campaign of John Edwards and then reimbursing those who did: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The Los Angeles Times reported on this matter in two articles (here and here) published in July 2008.

And the FBI’s news release from July 2008 announcing the indictment was headlined “Prominent Los Angeles Attorney Indicted for Making ‘Conduit Contributions’ to a Federal Election Campaing.”

Posted at 3:38 PM by Howard Bashman



“Federal court defines role of politics in judicial races”: The Milwaukee Journal Sentinel has a news update that begins, “Wisconsin judges can join political parties but cannot endorse partisan candidates or directly solicit campaign donations, a federal appeals court ruled Monday.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 3:22 PM by Howard Bashman



“Torture Memo Author’s Lawyers Request Lawsuit Be Dismissed”: Bay City News has a report that begins, “A federal appeals court in San Francisco grappled Monday with whether to allow a former military prisoner to sue a University of California law professor for writing memos that allegedly led to his torture.”

Posted at 3:10 PM by Howard Bashman



“Justice Clarence Thomas seems bored. Why doesn’t he run for president in 2012?” Kashmir Hill and David Lat had this op-ed yesterday in The Washington Post.

Posted at 11:27 AM by Howard Bashman



Access online today’s opinions in argued cases and Order List of the U.S. Supreme Court: The Court today issued four decisions in argued cases.

1. Justice Stephen G. Breyer delivered the opinion of the Court in Dolan v. United States, No. 09-367. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Breyer also delivered the opinion of the Court in Holland v. Florida, No. 09-5327. You can access the ruling at this link and the oral argument transcript at this link.

3. Justice Clarence Thomas delivered the opinion of the Court in Astrue v. Ratliff, No. 08-1322. You can access the ruling at this link and the oral argument transcript at this link.

4. And Justice John Paul Stevens delivered the opinion of the Court in Carachuri-Rosendo v. Holder, No. 09-60. You can access the opinion at this link and the oral argument transcript at this link.

You can access today’s Order List at this link. The Court granted review in three cases and postponed resolving the question of jurisdiction in a direct appeal case.

In early news coverage, The Associated Press has reports headlined “Court to review Calif. plan to cut prison numbers“; “Court to decide whether to reinstate death penalty“; “High court rejects appeal in rendition case“; “High court sides with immigrant with minor record“; and “Court won’t get involved in fight over adult store.”

Posted at 10:05 AM by Howard Bashman



“Lawyer for court also aided Foxwoods; Jeffrey B. Rotwitt took casino cases before Justice Ronald D. Castille while working on the Family Court deal for him”: This article appears today in The Philadelphia Inquirer.

Posted at 8:10 AM by Howard Bashman



“Who should control California’s prison budget? U.S. Supreme Court may weigh in; Judges have been intervening in prison management to mandate reforms, taking control from state corrections officials; Overcrowding is at the center of the case”: Carol J. Williams had this article yesterday in The Los Angeles Times.

Posted at 8:07 AM by Howard Bashman



Sunday, June 13, 2010

“Relevance of Kagan’s work as clerk on Supreme Court debated”: Robert Barnes will have this article in Monday’s edition of The Washington Post.

Today’s edition of The New York Times contains an editorial entitled “Elena Kagan’s White House Years.”

And The Associated Press has reports headlined “Kagan confirmation would affect major tobacco case“; “Kagan would sit out some big Supreme Court cases“; and “Ruby Ridge: Kagan focus as 1996 re-election loomed.”

Posted at 10:40 PM by Howard Bashman



Saturday, June 12, 2010

“Sotomayor votes reliably with Supreme Court’s liberal wing; Those who thought the new justice might be to the right of her predecessor so far have been proved wrong”: David G. Savage of The Los Angeles Times has this report.

Posted at 2:10 PM by Howard Bashman



“Arbitration Showdown Looms Between Congress, Supreme Court; Congress, high court take opposing views of mandatory agreements”: Marcia Coyle of The National Law Journal has this report.

Posted at 11:20 AM by Howard Bashman



Friday, June 11, 2010

“Kagan Worked on Jones Suit for Clinton”: Jess Bravin will have this article Saturday in The Wall Street Journal.

David G. Savage and James Oliphant of The Los Angeles Times have a news update headlined “Kagan backed Clinton in Whitewater dispute; Memos show the Supreme Court nominee argued in 1995 for attorney-client privilege between the president and his lawyers.”

At “The BLT: The Blog of Legal Times,” Marcia Coyle has a post titled “Kagan Helped Build Clinton’s Whitewater Privilege Defense.”

And The Washington Post has a news update headlined “Most Americans support Kagan’s nomination to Supreme Court, poll finds.”

Posted at 10:12 PM by Howard Bashman



“Closing Arguments Due in Gay-Marriage Case; Legal Appeals, Political Fight Will Keep Issue Alive After California Judge Rules”: This article will appear Saturday in The Wall Street Journal.

Posted at 10:07 PM by Howard Bashman



“Gov. Charlie Crist vetoes ultrasound abortion bill”: The Miami Herald has a news update that begins, “As he positions himself to the center in the U.S. Senate race, Gov. Charlie Crist on Friday vetoed a measure requiring most women to pay for an ultrasound and hear a description of the fetus before they can have an abortion.”

Posted at 9:54 PM by Howard Bashman



“Bonds prosecutors lose key court ruling”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A federal appeals court dealt a blow today to the perjury case against home run king Barry Bonds, ruling that prosecutors can’t use evidence of three positive steroid tests because Bonds’ trainer refused to testify about them.”

And The Associated Press reports that “Appeals court sides with Bonds.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 3:02 PM by Howard Bashman