How Appealing



Sunday, October 31, 2010

“Impeachment calls part of life for a Supreme Court justice, but few get very far”: Robert Barnes will have this article Monday in The Washington Post.

Posted at 11:12 PM by Howard Bashman



“Jury sentences ‘child soldier’ to 40 years at Guantanamo”: Carol Rosenberg of The Miami Herald has a news update that begins, “A military jury on Sunday gave teen terrorist Omar Khadr a symbolic 40-year prison sentence for killing an American commando in Afghanistan, unaware that the United States agreed to send the Canadian home next year.”

The Toronto Globe and Mail has a news update headlined “Verdict’s in: Khadr is Ottawa’s problem now.”

The Toronto Star has a news update headlined “Khadr to serve eight years.”

And The Associated Press reports that “Gitmo former ‘child soldier’ sentenced to 8 years.”

Posted at 9:30 PM by Howard Bashman



“State Supreme Court challengers are at it again; Justices Alan Page and Helen Meyer have familiar foes, but no justice has been unseated in a Minnesota election in at least 50 years”: Rochelle Olson has this article today in The Minneapolis Star Tribune.

Posted at 5:50 PM by Howard Bashman



“Enron’s Skilling to Argue for Release From Prison”: John R. Emshwiller will have this article Monday in The Wall Street Journal.

Posted at 5:45 PM by Howard Bashman



Saturday, October 30, 2010

“Terry Nichols’ judge said some jurors thought life in prison was harsher punishment than death; Steven Taylor, now an Oklahoma Supreme Court justice, spoke Thursday at the Oklahoma City National Memorial & Museum about the trial of Oklahoma City bombing conspirator Terry Nichols”: This article appeared yesterday in The Oklahoman.

Posted at 9:00 PM by Howard Bashman



“33-year-old Cleveland lawyer David Mills to argue case Monday before the U.S. Supreme Court”: Alison Grant will have this article — in which the “How Appealing” blog is mentioned — in Sunday’s edition of The Cleveland Plain Dealer.

Posted at 4:35 PM by Howard Bashman



“Arizona tax-credit case a test of church vs. state”: Today’s edition of The Arizona Republic contains an article that begins, “A case to be argued Wednesday before the U.S. Supreme Court could settle once and for all the legal bounds of Arizona’s private-school tuition tax-credit program. More than setting a school-choice precedent, however, the case could also shape the rights of taxpayers to sue the government over policies they dislike that involve separation of church and state.”

Posted at 4:25 PM by Howard Bashman



“Appeals court to mull states’ role in immigration”: The Associated Press has a report that begins, “Arizona’s tough and controversial new immigration law will get its day before a San Francisco appeals court Monday, with the central issue being just what role state and local authorities can play in confronting those who cross the border illegally.”

Posted at 4:16 PM by Howard Bashman



“Faith, reason can co-exist, U.S. Supreme Court Justice Antonin Scalia says; Scalia speaks during Catholic diocese event”: This article appeared yesterday in The Green Bay Press-Gazette.

Posted at 2:38 PM by Howard Bashman



“Roberts Court rulings on campaign finance reveal shifting makeup, forceful role”: Robert Barnes of The Washington Post has this report.

Posted at 12:25 PM by Howard Bashman



“Prominent professor opposed Sotomayor for Supreme Court; In a May 2009 letter to President Obama, Harvard Law’s Laurence Tribe was enthused about Elena Kagan, but not the other frontrunner, then-Judge Sonia Sotomayor, whom he said ‘would be a negative’ influence”: David G. Savage has this article today in The Los Angeles Times.

Bill Mears of CNN.com reports that “Obama mentor admits sharp criticism of Sotomayor, others on high court.”

And in the Connecticut Law Tribune, Karen Lee Torre has an essay entitled “Harvard Prof Flunks Subtlety Test.”

Posted at 10:14 AM by Howard Bashman



“Labels file First Circuit brief in Joel Tenenbaum case; ex-SG Paul Clement joins team”: Ben Sheffner has this post at his “Copyrights & Campaigns” blog.

Posted at 10:00 AM by Howard Bashman



Friday, October 29, 2010

“Conrad Black claims partial court victory”: The Toronto Globe and Mail has a news update that begins, “Conrad Black has won a partial victory in his criminal case. A Chicago appeal court has upheld one fraud conviction and his conviction for obstruction of justice. The court reversed two fraud counts.”

The Chicago Sun-Times has a news update headlined “Conrad Black conviction upheld on appeal; One count reversed, but court says ex-media baron could still get same 6 1/2-year sentence.”

The Associated Press reports that “Court in Ill. reverses 2 Conrad Black convictions.”

Reuters reports that “Ex-media mogul Conrad Black to be resentenced; Court affirms some, but not all, Black convictions; Judge urges prosecutors not to waste time retrying case.”

And Bloomberg News reports that “Black Wins Reversal of 2 of 4 Counts, Resentencing.”

You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 2:04 PM by Howard Bashman



“White House praises Sotomayor after Tribe’s slap leaks”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 8:26 AM by Howard Bashman



“Measure would outlaw Islamic law in Oklahoma — where it doesn’t exist; Conservative supporters point to cases in Europe and a few in the U.S. that made reference to Sharia religious law; Muslims say it’s a ‘scare tactic’ to further stigmatize them and whip up votes”: This article appears today in The Los Angeles Times.

You can view the text of Oklahoma State Question No. 755 by clicking here. Additional information is available via Ballotpedia.

Posted at 8:23 AM by Howard Bashman



“No Justification”: Today’s edition of The New York Times contains an editorial that begins, “Two years ago, when a splintered Supreme Court approved lethal injection as a means of execution in Baze v. Rees, Justice John Paul Stevens made a prophecy.”

Posted at 8:00 AM by Howard Bashman



Thursday, October 28, 2010

“Leaked: Obama Mentor’s Blunt Advice on Court Choices.” Charlie Savage has this post at “The Caucus” blog of The New York Times.

At the “Bench Memos” blog of National Review Online, Ed Whelan began his first of a series of posts about the letter as follows, “I’ve obtained a copy of an interesting letter that Harvard law professor Larry Tribe wrote to his protege, President Barack Obama, in the immediate aftermath of Justice Souter’s announcement of his decision to retire from the Court.” You can access the letter by clicking here.

Whelan’s other posts thus far about Tribe’s letter are titled “Tribe to Obama: Justice Kennedy Is a Prima Donna in Danger of Drifting Rightward“; “Tribe to Obama: Breyer’s Public Face Is Unappealing“; “Tribe to Obama: Please Hire Me and Give Me a Big Portfolio“; and “Larry Tribe on Larry Tribe’s Letter.”

And at WSJ.com’s “Law Blog,” Nathan Koppel and Jess Bravin provide this coverage.

Posted at 3:46 PM by Howard Bashman



“Widow to ‘child soldier’: We’re the victims.” Carol Rosenberg of The Miami Herald has a news update that begins, “With head bowed, Omar Khadr sat at his war crimes tribunal Thursday to hear about the hole he left in one American commando’s family when at age 15 he hurled a grenade in war-torn Afghanistan and killed Special Forces medic Chris Speer.”

The Toronto Globe and Mail has a news update headlined “Omar Khadr is ‘unworthy,’ widow of slain U.S. medic says.”

The Toronto Star has a news update headlined “Widow to Khadr: ‘You’re a murderer.’

And The Associated Press has a report headlined “Widow to Gitmo prisoner: You are a murderer.”

Posted at 2:44 PM by Howard Bashman



“Judging Women”: Stephen J. Choi, G. Mitu Gulati, Mirya R. Holman, and Eric A. Posner have posted online at SSRN an article whose abstract begins:

Judge Sonia Sotomayor’s assertion that female judges might be “better” than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis.

Via “Legal Theory Blog.”

Posted at 2:20 PM by Howard Bashman



“Appeals court orders release of failed pardon applicants”: At his “Under the Radar” blog at Politico.com, Josh Gerstein has a post — in which I am quoted– that begins, “A federal appeals court has ruled that the Justice Department must disclose the names of unsuccessful applicants for presidential pardons or commutations, notwithstanding the Obama Administration’s arguments that releasing such information would violate the privacy of clemency seekers.”

Update: Elsewhere, at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “Appeals Court: DOJ Must Release Names of Applicants Denied Clemency.”

Posted at 2:11 PM by Howard Bashman