How Appealing



Tuesday, November 30, 2010

“John Paul Stevens, William J. Brennan and the Death Penalty”: Seth Stern has this entry today at The Huffington Post.

Posted at 8:33 PM by Howard Bashman



“Court says county doesn’t have to pay for mistake”: Jesse J. Holland of The Associated Press has this report.

Bill Mears of CNN.com reports that “Justices rule against couple still on state registry.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “High Court Broadens Protection Against Municipal Liability.”

Today, Justice Stephen G. Breyer delivered the opinion for a unanimous U.S. Supreme Court (with Justice Elena Kagan recused) in Los Angeles County v. Humphries, No. 09-350. You can access the oral argument via this link.

Posted at 4:58 PM by Howard Bashman



“California’s attempt to halt a mass prisoner release gets skeptical hearing at Supreme Court; A majority of the justices say the state has failed to remedy the problem of severe prison overcrowding, despite decades of lawsuits; But Justice Samuel A. Alito Jr. warns that releasing 40,000 prisoners will bring more crime to California”: David G. Savage of The Los Angeles Times has this news update.

Michael Doyle of McClatchy Newspapers reports that “Supreme Court divided over California’s inmate population.”

Mark Sherman of The Associated Press reports that “Supreme Court considers Calif prison crowding.”

Greg Stohr of Bloomberg News reports that “California Order to Release Inmates Questioned by U.S. Justices at Hearing.”

And James Vicini of Reuters reports that “High court to rule in California prisons case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Jousting over prisoner release: A deeply engaged Court debates whether, and how, to reshape a lower court’s controversial solution to the serious problem of prison overcrowding, and the health hazards that causes; Justice Kennedy seems to hold the controlling vote.”

You can access the transcript of today’s U.S. Supreme Court oral argument in Schwarzenegger v. Plata, No. 09-1233, by clicking here.

Posted at 4:13 PM by Howard Bashman



Monday, November 29, 2010

“High court hears case involving ACI inmate”: Tuesday’s edition of The Providence (R.I.) Journal will contain an article that begins, “Lawyers for the state and a man serving two life sentences in the Adult Correctional Institutions argued before the U.S. Supreme Court Monday on the question of how the courts should interpret a federal law that limits how long defendants have to contest their state court sentences in federal court.”

You can access the transcript of today’s U.S. Supreme Court oral argument in Wall v. Kholi, No. 09-868, at this link.

Posted at 10:54 PM by Howard Bashman



“A Witness Lies, the Court Shrugs and Veterans Are Outraged”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 10:24 PM by Howard Bashman



“Judge issues preliminary injunction against Sharia law restriction in Oklahoma”: The Oklahoman has this news update, along with an update headlined “Islamic group’s president pleased with ruling.”

The Tulsa World has a news update headlined “Judge rules in favor of Muslim man on State Question 755; Injunction filed; A federal judge today issued a preliminary injunction that keeps a restriction against Islamic Sharia law out of the state Constitution for now.”

And The Associated Press reports that “Judge blocks Okla. Islamic law vote certification.”

You can access today’s ruling of the U.S. District Court for the Western District of Oklahoma at this link.

Posted at 9:10 PM by Howard Bashman



“Supreme Court to decide constitutionality of Arizona’s public campaign finance law”: Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court ruling could kill efforts to rein in campaign spending; Justices will rule on an Arizona law that offers public money to candidates who refrain from private fund-raising and gives matching funds to those facing wealthy foes.”

Greg Stohr of Bloomberg News reports that “Arizona’s Campaign Public Financing System Draws U.S. High Court Scrutiny.”

And James Vicini of Reuters reports that “Supreme Court to decide Arizona campaign finance law.”

Posted at 1:48 PM by Howard Bashman



“Judges for Prop. 8 hearing: Ninth Circuit names the three judges who on Dec. 6 will hear the Proposition 8 case, involving California’s ban on same-sex marriage.” Lyle Denniston has this post at “SCOTUSblog.” The Ninth Circuit‘s actual disclosure appears on page 2 of this PDF document.

The three judges assigned to hear and decide the appeal are Circuit Judges Stephen Reinhardt and N. Randy Smith and Senior Circuit Judge Michael Daly Hawkins.

In June 2003, Judge Hawkins participated in this blog’s “20 questions for the appellate judge” feature. You can access the interview at this link.

And in May 2004, Judge Reinhardt participated in this blog’s “20 questions for the appellate judge” feature. You can access the interview at this link.

Posted at 1:24 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 has granted review in three cases.

The Court today also issued two opinions relating to orders. Justice Samuel A. Alito, Jr. issued a dissent from the denial of certiorari in Harper v. Maverick Recording Co., No 10-94.

And Justice Sonia Sotomayor issued a statement respecting the denial of the petition for writ of certiorari in Gamache v. California, No. 10-5196, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan joined.

In early news coverage, The Associated Press has reports headlined “Supreme Court to review Ariz. campaign finance law“; “Court to review patent judgment against Microsoft“; “High court won’t wade into Florida water fight“; “Court won’t review eBay win in Tiffany lawsuit“; “Supreme Court rejects appeal on Va. alcohol ad ban“; “Court rejects teen’s appeal in Internet music case“; and “Court won’t hear appeal from La. death row inmate.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Court returns to campaign finance.”

And yesterday at the blog “Summary Judgments” — new Loyola Law School, Los Angeles faculty blog — law professor Rick Hasen had a related post titled “The Big Campaign Finance Story of 2011: An Effective End to Public Financing.”

Posted at 10:04 AM by Howard Bashman



“Precedent and Prologue: Bush v. Gore, ten years later.” Jeffrey Toobin has this essay in the December 6, 2010 issue of The New Yorker.

Posted at 9:36 AM by Howard Bashman



“California prison overcrowding case heads to Supreme Court; The state is appealing a 2009 federal judicial order to reduce the prison population by more than 40,000 in two years; Lawyers for 18 other states are backing the appeal”: David G. Savage and Carol J. Williams have this article today in The Los Angeles Times.

The Wall Street Journal reports today that “Prison Ruling Stirs Up California.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument preview: Crowded prisons, inmates’ rights; The Court on Tuesday will hold an extended hearing — 80 minutes long — on the power of federal courts to take steps to relieve overcrowding of the nation’s prisons and jails, including the outright release of inmates.”

Posted at 8:03 AM by Howard Bashman



“Harvard scholar ends Justice job quickly; Tribe blames health, not post’s low profile”: Farah Stockman has this article today in The Boston Globe.

Posted at 7:52 AM by Howard Bashman



“Supreme Court Justice John Paul Stevens Opens Up; Retired Justice Reflects on Decisions That Helped Shape American History”: You can view the video from yesterday evening’s broadcast of the CBS News program “60 Minutes” via this link.

Posted at 7:28 AM by Howard Bashman



Sunday, November 28, 2010

“Critics: Judges’ luxury cars slap at taxpayers.” Today’s edition of The Pittsburgh Tribune-Review contains an article that begins, “Cadillacs, Lexuses, a Mercedes Benz and high-end SUVs — including one a Supreme Court justice leases from his brother — are among taxpayer-paid cars Pennsylvania’s appellate court judges lease to ferry themselves across the state.” You can view a related graphic by clicking here.

Today’s edition of The New York Times contains an editorial entitled “Untenable Judicial Ethics.”

And in The Philadelphia Inquirer, columnist Karen Heller has an op-ed entitled “Chief Justice Castille should forgo gifts.”

Posted at 9:32 AM by Howard Bashman



“Horner Case Going to Highest Court; The U.S. Supreme Court has agreed to hear appeal of Charles Andrew Fowler, who is serving a life sentence for murder”: The Ledger of Lakeland, Florida contains this article today.

Posted at 9:27 AM by Howard Bashman



“Ex-Justice Explains Changed Death Penalty Stance”: Adam Liptak has this front page article today in The New York Times.

In related news, this evening’s broadcast of the CBS News program “60 Minutes” will contain a segment about Justice John Paul Stevens.

Posted at 8:02 AM by Howard Bashman



Saturday, November 27, 2010

“Our puritanical progressives”: In Sunday’s edition of The Washington Post, columnist George F. Will will have an op-ed that begins, “An eminent Harvard law professor, James Thayer (1831-1902), argued that although the judicial function is ‘merely that of fixing the outside border of reasonable legislative action,’ this still gives courts ‘a great and stately jurisdiction.'”

Posted at 10:52 AM by Howard Bashman



“Lack of funding builds death row logjam; Convicted killers have a hard time finding lawyers to handle their final appeals, which can be both expensive and gut-wrenching”: Maura Dolan has this article today in The Los Angeles Times.

Posted at 10:37 AM by Howard Bashman



Friday, November 26, 2010