How Appealing



Tuesday, March 22, 2011

“Regulating Supreme Court Justices’ Ethics — ‘Cures Worse Than the Disease?'” The Brookings Institution has posted online this essay by Russell Wheeler.

Posted at 10:25 AM by Howard Bashman



“Attorney General appeals restraining order on labor law; Van Hollen asks appeals court to lift judge’s temporary order”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “In a case that appears bound for the state Supreme Court, Attorney General J.B. Van Hollen on Monday asked the state appeals court to lift a Dane County judge’s hold on a law sharply curtailing public union bargaining.”

Posted at 10:22 AM by Howard Bashman



Access online today’s U.S. Supreme Court rulings in argued cases: The Court today issued two rulings in argued cases.

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Matrixx Initiatives v. Siracusano, No. 09-1156. You can access the oral argument via this link.

2. And Justice Stephen G. Breyer delivered the opinion of the Court in Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined except as to a footnote. Justice Elena Kagan did not participate in the decision. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “Court says lawsuit over Zicam can continue” and “Court says complaints don’t have to be written.”

Posted at 10:03 AM by Howard Bashman



“Supreme Court debate focuses on rancor among current justices; Collective bargaining battle looms over race for Wisconsin’s high court”: This article appears today in The Milwaukee Journal Sentinel.

Posted at 9:58 AM by Howard Bashman



“9th Circuit rules that fibs can be protected speech; The appeals court strikes down the 2005 Stolen Valor Act that makes it a crime to lie about top military decorations; The action also vacates a Pomona man’s sentence for falsely claiming to have been awarded the congressional Medal of Honor”: Carol J. Williams has this article today in The Los Angeles Times.

And The Associated Press has a report headlined “Federal court: Stolen Valor Act unconstitutional.”

My earlier coverage of yesterday’s Ninth Circuit order denying rehearing en banc can be accessed here.

Posted at 9:54 AM by Howard Bashman



“Barry Bonds jury seated – openings set for today”: Lance Williams has this article today in The San Francisco Chronicle.

Today in The San Jose Mercury News, Howard Mintz and Bruce Newman have an article headlined “Barry Bonds jury: lukewarm on baseball and BALCO.”

The New York Times contains an article headlined “After Day Of Questions, Bonds Trial Has a Jury.”

And The Associated Press has reports headlined “Opening statements set to begin in Bonds trial” and “Jurors’ privacy, public’s rights to know collide.”

Posted at 9:46 AM by Howard Bashman



Monday, March 21, 2011

Programming note: Early Tuesday morning, I will be meeting with co-counsel in connection with an oral argument that I will be presenting on Wednesday morning to a three-judge panel of the Superior Court of Pennsylvania.

At 10 a.m. eastern time Tuesday, the U.S. Supreme Court is scheduled to issue one or more decisions in argued cases. You can access the new opinions via this link once the Court posts them online.

In addition, “SCOTUSblog” is likely to offer prompt coverage of today’s opinions.

Additional posts will appear here later Tuesday morning.

Posted at 11:05 PM by Howard Bashman



“Court asked to find mental retardation burden unconstitutional”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “A lawyer for a convicted killer said Georgia should no longer be the only state in the country that sets the highest legal threshold possible for death-penalty defendants who raise mental retardation claims.”

Posted at 10:18 PM by Howard Bashman



“Supreme Court restores California rape conviction, rebukes appeals court; The justices rebuke the 9th Circuit Court of Appeals for overturning Steven Jackson’s conviction; Hinting at irritation, the high court calls the earlier opinion ‘inexplicable'”: David G. Savage of The Los Angeles Times has this news update.

And Bob Egelko of The San Francisco Chronicle has a news update headlined “Rape case: Court tosses 9th Circuit racism ruling.”

Posted at 9:08 PM by Howard Bashman



“Argument recap: Selling complexity; The Court explores a professor’s complex argument to protect the integrity of the Court’s Fourth Amendment precedents.” Lyle Denniston has this post at “SCOTUSblog.”

Posted at 9:04 PM by Howard Bashman



Ninth Circuit denies rehearing en banc in case involving federal Stolen Valor Act, spawning interesting concurrences and dissents: You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, the concurrences thereto, and the dissents therefrom at this link.

A total of seven judges noted their dissent from the denial of rehearing en banc. And Chief Judge Alex Kozinski has written a characteristically entertaining opinion concurring in the denial of rehearing en banc.

Posted at 1:56 PM by Howard Bashman



“Barry Bonds steroid case goes to trial; The former Giants slugger is accused of lying when he denied using performance-enhancing drugs”: Maura Dolan has this article today in The Los Angeles Times.

Today’s edition of The New York Times contains an article headlined “All-Star Teams in Bonds Case: The Lawyers.”

The Wall Street Journal reports that “Home-Run King Goes on Trial; Barry Bonds’s Perjury and Obstruction Case Stems From Sports-Doping Probe.”

USA Today reports that “Bonds trial begins, putting steroid era back in spotlight.”

The Associated Press reports that “Barry Bonds perjury trial gets under way.”

And Howard Mintz of The San Jose Mercury news is posting his live dispatches from the trial at this link.

Posted at 12:15 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 granted review today in two new cases and requested the views of the Solicitor General’s office in one case.

The Court today also issued a unanimous per curiam opinion in Felkner v. Jackson, No. 10-797, reversing a decision of the U.S. Court of Appeals for the Ninth Circuit.

And in Huber v. New Jersey Dept. of Environmental Protection, No. 10-388, Justice Samuel A. Alito, Jr. issued a statement respecting the denial of certiorari, in which the Chief Justice and Justices Antonin Scalia and Clarence Thomas joined.

In early news coverage, The Associated Press has reports headlined “Court: Can man be executed after paperwork mix-up?“; “Court: Can officials be sued for false testimony?“; “Court won’t stop Fed from revealing loan data“; and “Court won’t get involved in Eminem royalty suit.”

Posted at 10:03 AM by Howard Bashman



Sunday, March 20, 2011

“Army slow to act as crime-lab worker falsified, botched tests”: Marisa Taylor and Michael Doyle of McClatchy Newspapers have this report.

Posted at 9:54 AM by Howard Bashman



“Arizona execution appeals focus on drug used; Last-ditch efforts center on anesthetic concerns”: This article appears today in The Arizona Republic.

Posted at 9:52 AM by Howard Bashman



“Bill holds writers liable for trespass; Lawmakers blame injuries on guidebooks when people are lured onto private property”: This article appears today in The Honolulu Star-Advertiser.

Posted at 9:42 AM by Howard Bashman



Saturday, March 19, 2011

“Supreme Court tensions boil over; Prosser says he was goaded into insulting chief justice”: In Sunday’s edition of The Milwaukee Journal Sentinel, Patrick Marley will have an article that begins, “As the deeply divided state Supreme Court wrestled over whether to force one member off criminal cases last year, Justice David Prosser exploded at Chief Justice Shirley Abrahamson behind closed doors, calling her a ‘bitch’ and threatening to ‘destroy’ her.”

Posted at 11:27 PM by Howard Bashman