How Appealing



Wednesday, August 4, 2010

“Impeachment Lawyers Battle Over Evidence”: At “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “Lawyers for impeached U.S. District Judge G. Thomas Porteous Jr. asked a special U.S. Senate committee today not to allow certain evidence in the judge’s upcoming trial.”

Ingram also has a post titled “Judge Won’t Step in to Impeachment Process” reporting on a ruling that the U.S. District Court for the District of Columbia issued earlier this week.

Posted at 10:17 PM by Howard Bashman



“A Labor Market Punishing to Mothers”: Today’s edition of The New York Times contains an article that begins, “The last three men nominated to the Supreme Court have all been married and, among them, have seven children. The last three women — Elena Kagan, Sonia Sotomayor and Harriet Miers (who withdrew) — have all been single and without children.”

Posted at 8:20 PM by Howard Bashman



“Judge strikes down ban on same-sex marriage”: Bob Egelko and Demian Bulwa of The San Francisco Chronicle has this news update. The newspaper also has an update headlined “Cheering, cautious optimism over Prop. 8 ruling.”

Maura Dolan and Carol Williams of The Los Angeles Times have a news update headlined “Judge strikes down Prop. 8, allows gay marriage in California; In a long-awaited ruling, Judge Vaughn Walker says the ban on same-sex marriage violates constitutional rights to equal protection and due process; The decision is expected to reach the Supreme Court.”

Howard Mintz of The San Jose Mercury News has an update headlined “Federal judge strikes down California’s ban on same-sex marriage.”

And The New York Times has a news update headlined “Court Rejects Same-Sex Marriage Ban in California.”

Posted at 6:10 PM by Howard Bashman



“Judge overturns Calif. gay marriage ban” The Associated Press has this report.

You can access the district court’s ruling at this link. The decision concludes:

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

I have posted a back-up copy of the ruling at this link.

The district court also issued an order granting a temporary stay of its ruling until the recently filed motion for a stay pending appeal can be fully briefed and decided.

Posted at 5:11 PM by Howard Bashman



“Gay marriage ruling due; Decision later today”: Lyle Denniston has this post at “SCOTUSblog.” The post links to the stay motion that supporters of Proposition 8 have already filed with the district judge.

Posted at 11:46 AM by Howard Bashman



“Superior Court Recognizes New Pharma Cause of Action; Panel Affirms Scope of Failure-to-Warn Theory In Diet Drug Lawsuits”: Amaris Elliott-Engel has this article, in which I am quoted, in today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Posted at 11:20 AM by Howard Bashman



“N.J. Supreme Court rules officer’s groping conviction does not bar him from public work”: Today’s edition of The Newark Star-Ledger contains an article that begins, “A state Supreme Court ruling that allows a former Hunterdon County Sheriff’s Officer convicted of a sex crime to return to the public sector — including police work — could have far-reaching implications on law enforcement and other public workers, experts say.”

You can access yesterday’s 3-2 ruling of the Supreme Court of New Jersey at this link.

Posted at 8:24 AM by Howard Bashman



“New policy clears way for Pledge of Allegiance in Arlington schools; School Committee reverses June vote”: The Boston Globe contains this article today.

Posted at 8:17 AM by Howard Bashman



“In Senate, Vote Nears on Kagan Nomination”: This article appears today in The New York Times.

The Washington Post reports today that “Senate moves toward a final vote on Supreme Court nominee Elena Kagan.”

James Oliphant of The Los Angeles Times reports that “Senate begins debate over Supreme Court nominee Kagan; Republicans question her experience, ideology and temperament, but Democrats appear to have enough votes to confirm her this week.”

The Washington Times reports that “Senate debate on Kagan unlikely to change minds; Critics question qualifications.”

Warren Richey of The Christian Science Monitor has an article headlined “Elena Kagan: Despite partisan splits, confirmation appears likely; Elena Kagan debate began in the Senate Tuesday; The start of several days of discussion over her nomination to the Supreme Court was marked by partisan divides, but Elena Kagan is expected to easily win confirmation.”

The Omaha World-Herald reports that “Nelson sticks to his guns on Kagan.”

The Deseret News reports that “Hatch makes his case against Kagan, confirmation expected Thursday.”

The Salt Lake Tribune contains an article headlined “Hatch: ‘I hope I’m wrong’ about Kagan.”

And Politico.com reports that “Kagan avoids drama on way to court.”

Posted at 8:04 AM by Howard Bashman



Tuesday, August 3, 2010

“University of Texas’ use of race in admissions goes before court; Three-judge panel is not expected to rule for several months on case challenging use of race and ethnicity in undergraduate admissions”: The Austin American-Statesman has this news update.

And The Associated Press reports that “Appeals court hears case over UT Austin admissions.”

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (20.2MB Windows Media audio file).

Posted at 10:54 PM by Howard Bashman



“Appeals court upholds decision on Kraft/Oscar Mayer pay case”: Today’s edition of The Wisconsin State Journal contains an article that begins, “Kraft/Oscar Mayer employees in Madison could receive as much as $5 million in back pay and have a shorter work week as a result of a federal appeals court ruling Monday, a union leader said.”

Chief Judge Frank H. Easterbrook is the author of yesterday’s ruling of the U.S. Court of Appeals for the Seventh Circuit.

Posted at 10:34 PM by Howard Bashman



“Prop. 8 supporters plotting appeal before ruling”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A federal court ruling on the right of same-sex couples to marry in California is scheduled to be released Wednesday – and opponents of gay and lesbian nuptials are already making plans to appeal.”

And The Associated Press reports that “Judge’s ruling expected in Calif gay marriage case.”

Posted at 10:24 PM by Howard Bashman



“Ginsburg says no plans to leave Supreme Court”: Mark Sherman of The Associated Press has an article that begins, “Justice Ruth Bader Ginsburg is looking forward to being one of three women on the Supreme Court for the forseeable future. The 77-year-old Ginsburg told The Associated Press on Tuesday she has no plans to retire anytime soon and still wants to match Justice Louis Brandeis, who stepped down at age 82.”

Posted at 6:03 PM by Howard Bashman



“Disgraced judge wants sentence overturned”: The Galveston County Daily News today contains an article that begins, “Lawyers working for disgraced federal judge Samuel Kent have filed a motion to vacate and correct his sentence for obstruction of justice.”

Posted at 3:44 PM by Howard Bashman



“Cruelty and the Constitution: With the presumed passage of a bill banning the sale of ‘crush videos,’ the Supreme Court will confront the uncomfortable task of invalidating a law rewritten to comply with one of its decisions.” This editorial appears today in The Los Angeles Times.

Posted at 8:42 AM by Howard Bashman



“Judges’ ‘unqualified’ rating is slammed; Lingle blasts the bar association’s vote process to recommend appointments”: The Honolulu Star-Advertiser today contains an article that begins, “The Hawaii State Bar Association’s board of directors’ rating of appeals Judge Katherine Leonard as ‘unqualified’ to be Hawaii’s next chief justice drew strong criticism last night from Gov. Linda Lingle.”

Posted at 8:40 AM by Howard Bashman



“A Respect for World Opinion”: Today’s edition of The New York Times contains an editorial that begins, “Nativism in American politics has become so rampant that it is considered scandalous in Republican circles for a judge to acknowledge paying any attention to foreign courts and their legal rulings.”

Posted at 8:37 AM by Howard Bashman



“Justices are chummy even in death”: The Associated Press has a report that begins, “Supreme Court nominee Elena Kagan has heard it over and over in recent weeks: A Supreme Court appointment is for life. What she may not know is that recent high court justices have stuck together – even in death.”

Posted at 8:07 AM by Howard Bashman



Monday, August 2, 2010

“Court’s Recent Miranda Rulings Won’t Have Broad Impact”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 11:00 PM by Howard Bashman