How Appealing



Tuesday, April 26, 2011

“Abu-Jamal gets chance to escape death row”: Nathan Gorenstein of The Philadelphia Inquirer has a news update that begins, “Mumia Abu-Jamal was awarded a new sentencing hearing today by the Third Circuit Court of Appeals, but an appeal to the U.S. Supreme Court appears likely by the district attorney.”

And The Associated Press reports that “US court grants new sentencing for Mumia Abu-Jamal.”

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

Posted at 1:18 PM by Howard Bashman



Access online today’s ruling of the U.S. Supreme Court in an argued case: Justice Anthony M. Kennedy delivered the opinion of the Court in United States v. Tohono O’odham Nation, No. 09-846. Justice Sonia Sotomayor issued an opinion concurring in the judgment, in which Justice Stephen G. Breyer joined. Justice Ruth Bader Ginsburg issued a dissenting opinion. And Justice Elena Kagan took no part in the ruling. You can access the oral argument via this link.

In early news coverage, The Associated Press has a report headlined “Court: Tribe can’t sue in dual courts.”

Posted at 10:02 AM by Howard Bashman



“Senate committee passes Supreme Court overhaul plan”: The St. Petersburg Times contains this article today, along with an article headlined “House Democrat: Speaker Dean Cannon tried to trade favorable treatment for support on court bill.”

The Tampa Tribune reports today that “In surprise move, Senate passes Supreme Court split.”

And The Palm Beach Post reports that “Senate compromises on Supreme Court overhaul to jump-start budget talks with House.”

Posted at 8:22 AM by Howard Bashman



“Many freed Guantanamo inmates join terrorists, files say; Detainees from Yemen and Saudi Arabia are the most problematic, according to classified documents released by WikiLeaks; And with Yemen roiled in political upheaval, some worry that the former inmates will see an opportunity”: The Los Angeles Times contains this article today, along with an article headlined “Mohammed says he beheaded U.S. reporter despite warnings; Chilling portraits of Khalid Shaikh Mohammed, the self-proclaimed Sept. 11 mastermind, and other Guantanamo detainees emerge in the latest release of classified material from WikiLeaks.”

And today’s edition of The New York Times contains an article headlined “In Dossier, Portrait of Push for Post-9/11 Attacks” and an editorial entitled “The Guantanamo Papers.”

Posted at 8:10 AM by Howard Bashman



“U.S. Supreme Court denies Cuccinelli’s bid to expedite health suit”: This article appears today in The Richmond Times-Dispatch.

In today’s edition of The New York Times, Adam Liptak reports that “Justices Reject Request for Fast Health Law Ruling.”

Robert Barnes of The Washington Post reports that “Supreme Court turns down Va.’s request to expedite review of health-care law.”

David G. Savage of The Los Angeles Times reports that “Supreme Court refuses to skip lower courts on healthcare reform law; The Supreme Court rejects an appeal from Virginia’s attorney general, who had asked the justices to expedite review of the Affordable Care Act; The court’s action likely puts off a ruling until at least next year.”

Joan Biskupic of USA Today reports that “Supreme Court rejects request to hear Va. health care case.”

The Virginian-Pilot reports that “High court denies Va.’s request on federal health law.”

And The Washington Times reports that “Supreme Court won’t expedite health care ruling.”

Posted at 8:00 AM by Howard Bashman



Monday, April 25, 2011

“Law firm quits marriage act case, a win for gay-rights groups; King & Spalding says it won’t defend the Defense of Marriage Act, but prominent partner Paul Clement quits the firm and says he’ll stick with the case”: David G. Savage will have this article Tuesday in The Los Angeles Times.

Tuesday’s edition of The New York Times will contain an article headlined “Law Firm Won’t Defend Marriage Act.”

And in Tuesday’s edition of The Wall Street Journal, Ashby Jones will have an article headlined “Partner Quits Firm in Rift Over Gay Marriage.” The newspaper will also contain an editorial entitled “Knave and Spalding: A law firm drops a politically incorrect case.”

Posted at 10:45 PM by Howard Bashman



“WikiLeaks: Just 8 at Gitmo gave evidence against 255 others.” Tom Lasseter and Carol Rosenberg of McClatchy Newspapers have this report.

Posted at 10:38 PM by Howard Bashman



“Holder says he’s not going anywhere”: Jerry Markon of The Washington Post has a news update that begins, “He has been a focus of criticism and a longtime target of congressional Republicans, one of whom recently called for his resignation. But Attorney General Eric H. Holder Jr. made it clear Monday that he’s not going anywhere.”

Posted at 10:18 PM by Howard Bashman



“Appeals Court to Hear Arguments on Pace of Offshore Drilling Permits”: Lawrence Hurley of Greenwire has an article (via The New York Times) that begins, “The latest phase in the legal fight over offshore drilling permits that was kick-started by last year’s Deepwater Horizon disaster begins this week with two back-to-back arguments in a federal appeals court in New Orleans.”

Posted at 10:07 PM by Howard Bashman



“Prop. 8 side: Gay judge shouldn’t have heard case.” Bob Egelko of The San Francisco Chronicle has a news update that begins, “The federal judge who struck down California’s ban on same-sex marriage should have disqualified himself because he is a gay man with a longtime partner he could marry as a result of his ruling, sponsors of the ballot measure said in a court filing Monday.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Prop. 8: Plea to throw out ruling.”

Posted at 10:04 PM by Howard Bashman



“Chief Justice Roberts and the First Amendment”: David L. Hudson Jr. has this essay online at the First Amendment Center.

Posted at 3:53 PM by Howard Bashman



“Firm defending Defense of Marriage Act withdraws from case”: The Washington Post has this news update.

James Oliphant of The Los Angeles Times has a news update headlined “Defense of Marriage Act defender resigns from law firm amid pressure from gay rights advocates.”

“The Caucus” blog of The New York Times has a post titled “Law Firm Backs Out of Defending Marriage Act.”

Ariane de Vogue and Devin Dwyer of ABCNews.com report that “Republicans’ Defense of Marriage Act Lawyer Quits Top Firm After It Dumps DOMA Defense.”

Bill Mears of CNN.com reports that “Law firm backs out of defending federal Defense of Marriage Act.”

The Associated Press reports that “Firm hired by GOP ends work on gay marriage ban.”

And Reuters reports that “Clement breaks with King & Spalding over Marriage Act.”

Posted at 2:25 PM by Howard Bashman



“NY court upholds ruling in Connecticut school case”: The Associated Press has a report that begins, “A federal appeals court in New York has agreed that Connecticut school officials acted reasonably and constitutionally when they disciplined a student for an Internet posting she wrote off school grounds.”

Today’s ruling of the U.S. Court of Appeals for the Second Circuit in Doninger v. Niehoff begins, “We are once again called to consider the circumstances in which school administrators may discipline students for speech relating directly to the affairs of the school without running afoul of the First Amendment.”

Posted at 12:20 PM by Howard Bashman



“King & Spalding Asks to Withdraw from Marriage Litigation”: David Ingram has this post at “The BLT: The Blog of Legal Times.”

And in related news, according to an email that I have just received, former Solicitor General Paul D. Clement today has tendered his resignation from the King & Spalding law firm. The letter of resignation that I received as an attachment to that email can be accessed here. USA Today is confirming Clement’s resignation in a news update headlined “Law firm withdraws from gay marriage case.”

And Bill Rankin of The Atlanta Journal-Constitution has a news update headlined “King & Spalding to withdraw from defending DOMA.”

Update: A follow-up email contains a press release that begins, “Paul D. Clement, the 43rd Solicitor General of the United States, has joined the firm of Bancroft PLLC as Partner.”

“The BLT: The Blog of Legal Times” now has a new post titled “Clement Leaves King & Spalding to Continue Same-Sex Marriage Litigation.”

Posted at 11:24 AM by Howard Bashman



“Defense lawyers take case against documentation penalties to state high court”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “A record 17 times last year, Wisconsin’s Court of Appeals hit lawyers with $150 ‘summary sanctions’ when judges thought briefs were missing some supporting documentation.”

Posted at 7:54 AM by Howard Bashman



“WikiLeaks discloses new details on whereabouts of al-Qaeda leaders on 9/11”: This article appears today in The Washington Post.

The Los Angeles Times reports today that “WikiLeaks releasing documents on Guantanamo; Thousands of pages outline the U.S. prison operation at Guantanamo Bay, Cuba, with details on the self-proclaimed Sept. 11 mastermind and others; The White House condemns the leak.”

Coverage of “The Guantanamo Files” from The Guardian (UK) can be accessed via this link. Today’s coverage includes articles headlined “Guantanamo leaks lift lid on world’s most controversial prison; Innocent people interrogated for years on slimmest pretexts; Children, elderly and mentally ill among those wrongfully held; 172 prisoners remain, some with no prospect of trial or release“; “Guantanamo Bay files: Caught in the wrong place at the wrong time; Almost half of 212 Afghan prisoners either innocent or forced to fight for Taliban, while foreigners were simply rounded up“; and “What are the Guantanamo Bay files? Understanding the prisoner dossiers.”

The Miami Herald reports that “WikiLeaks reveal prison camp secrets.”

And The Associated Press reports that “Leaked files reveal new info on Gitmo detainees.”

Posted at 7:35 AM by Howard Bashman



Sunday, April 24, 2011

The New York Times posts online a series of articles under the heading “The Guantanamo Files“: The articles, which will appear in Monday’s edition of the newspaper, are headlined “Classified Files Offer New Insights Into Detainees“; “Judging Detainees’ Risk, Often With Flawed Evidence“; “As Acts of War or Despair, Suicides Rattle a Prison“; and “Libyan Shifts From Detainee to Rebel, and U.S. Ally of Sorts.”

Tomorrow’s newspaper will also contain “A Note to Readers: The Background” and “A Statement by the United States Government.”

Additional coverage, which The New York Times describes as “based on a huge trove of secret documents leaked last year to the anti-secrecy organization WikiLeaks and made available to The New York Times by another source on the condition of anonymity,” is available from National Public Radio in articles headlined “Military Documents Detail Life At Guantanamo” and “Detainees Transferred Or Freed Despite ‘High Risk.’

Posted at 10:05 PM by Howard Bashman



“Christie v. Court: Is threat for real? He has considered ignoring N.J. justices if they order more school funding; Legal scholars said that would be a historic breach.” This front page article appears today in The Philadelphia Inquirer.

Posted at 11:27 AM by Howard Bashman



“Oregon Senate votes to close loophole in child pornography law”: Friday’s edition of The Oregonian contained an article that begins, “In response to a Oregon Supreme Court ruling this year, the Oregon Senate voted today to make it a crime to view child pornography online for free.”

My earlier coverage of the Oregon Supreme Court‘s rulings (here and here) can be accessed at this link.

Posted at 11:24 AM by Howard Bashman



“U.S. Supreme Court to hear challenge to automatic inmate strip-searches brought by N.J. man”: This article appears today in The Newark Star-Ledger.

Posted at 11:17 AM by Howard Bashman



Saturday, April 23, 2011

“Guantanamo Bay: Why Obama hasn’t fulfilled his promise to close the facility.” Peter Finn and Anne E. Kornblut will have this lengthy article Sunday in The Washington Post.

Posted at 11:04 PM by Howard Bashman



“Shielding the Privacies of Life”: Today’s edition of The New York Times contains an editorial that begins, “The Supreme Court has never heard a case challenging the government’s authority to search a computer. It is time, after a panel of the United States Court of Appeals for the Ninth Circuit opened the way last month to vast government intrusion.”

Posted at 10:20 PM by Howard Bashman



“The Supreme Court: How a Harper majority could really change Canada.” This article appears today in The Toronto Globe and Mail.

Posted at 9:12 PM by Howard Bashman