How Appealing



Tuesday, May 31, 2011

“Justices Block Suit Over Use of Material Witness Law”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court: Ashcroft not liable in detention of American Muslim post-9/11.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court tosses out lawsuit accusing John Ashcroft of misusing his power; By an 8-0 vote, the Supreme Court says former Attorney General John Ashcroft did not clearly violate the 4th Amendment right against unreasonable searches and seizures; The case stemmed from the arrest of Abdullah al Kidd, who was held for two weeks, ostensibly so he could serve as a witness in a terrorism trial in Idaho.”

Joan Biskupic of USA Today has a news update headlined “Supreme Court rejects lawsuit against Ashcroft.”

The Washington Times has a news update headlined “Supreme Court: Ashcroft can’t be sued over arrest.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court rules Ashcroft can’t be sued in al Kidd case.”

And Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court: US Muslim cannot sue Ashcroft for 2003 detention ordeal; Former Attorney General John Ashcroft is entitled to qualified immunity and cannot be sued by an American Muslim detained under harsh conditions in 2003, the US Supreme Court ruled Tuesday.”

Posted at 6:02 PM by Howard Bashman



Access online today’s Order List and decisions in argued cases of the U.S. Supreme Court: You can access today’s Order List at this link. The Court granted review in one case and requested the views of the Solicitor General’s office in two cases.

In addition, the Court today issued two decisions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Global-Tech Appliances, Inc. v. SEB S.A., No. 10-6. Justice Anthony M. Kennedy issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Antonin Scalia delivered the opinion of the Court in Ashcroft v. al-Kidd, No. 10-98. Justice Kennedy filed a concurring opinion, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor joined in part. Justice Ginsburg issued an opinion concurring in the judgment, in which Justices Breyer and Sotomayor joined. And Justice Sotomayor issued an opinion concurring in the judgment, in which Justices Ginsburg and Breyer joined. Justice Elena Kagan did not take part in the ruling. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “High court throws out lawsuit against Ashcroft“; “Court to clarify witness identification rules“; “High court turns down new appeal from Conrad Black” and “High court lifts hold on Texan’s execution.”

Posted at 10:02 AM by Howard Bashman



“Studying the Frequency of Redaction Failures in PACER”: Timothy B. Lee had this post last week at the “Freedom to Tinker” blog hosted by Princeton’s Center for Information Technology Policy (via “Law News Now” blog).

Posted at 9:08 AM by Howard Bashman



“MacAskill in new attack on Supreme Court rulings”: The Herald of Scotland today contains an article that begins, “Justice Secretary Kenny MacAskill said UK Supreme Court judges should not interfere in Scots Law, when their knowledge of it was ‘limited to a visit to the Edinburgh Festival.'”

And BBC News reports that “Scottish government moves against UK Supreme Court.”

Posted at 9:05 AM by Howard Bashman



“Gov. Christie’s Supreme Court nominee gets confirmation hearing following extended standoff”: This article appears today in The Newark (N.J.) Star-Ledger.

Posted at 9:00 AM by Howard Bashman



Monday, May 30, 2011

“Groups Target Thomas’ Wife’s Work to Force Him to Sit Out High Court Rulings on Health Care”: FoxNews.com has this report.

Posted at 10:25 PM by Howard Bashman



“Health care reform battle arrives here”: The Cincinnati Enquirer has a news update that begins, “The trillion-dollar battle over reforming the nation’s health care system comes is coming to downtown Cincinnati. Wednesday, three judges on the U.S. 6th Circuit Court of Appeals will hear arguments over the constitutionality of requiring Americans to buy health insurance or pay a penalty, a key feature of the Affordable Care Act that is a signature of Barack Obama’s presidency.”

Posted at 10:24 PM by Howard Bashman



“Jackpot awards still occur; Cap on damages has no affect on some big jury verdicts in Mississippi”: This article appears today in The Clarion-Ledger of Jackson, Mississippi.

Posted at 1:42 PM by Howard Bashman



“Confirmation hearing set for Christie judicial nominee”: Today’s edition of The Philadelphia Inquirer contains an article that begins, “Gov. Christie’s attempt to overhaul the New Jersey Supreme Court will finally get under way Tuesday, when confirmation hearings begin for a North Jersey corporate lawyer he nominated to the bench more than a year ago.”

Posted at 1:38 PM by Howard Bashman



“Justice Stevens Is Off the Bench but Not Out of Opinions”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:32 PM by Howard Bashman



Justice and Mrs. Alito at today’s Phillies vs. Nationals game: On the Comcast Sportsnet Philadelphia broadcast, you can see them when the dugout camera shows a left-handed batter standing at home plate. You can follow the live box score by clicking here.

Update: I wasn’t the only one who noticed.

Second update: In a result befitting a U.S. Supreme Court Justice, the final score in the Phillies victory was 5-4.

Third update: The blog “The 700 Level” provides photographic evidence.

Posted at 1:24 PM by Howard Bashman



Sunday, May 29, 2011

“No consent in unconscious sex case, Supreme Court rule”: Yesterday’s edition of The Toronto Globe and Mail contained an article that begins, “People cannot consent in advance to sexual activity that takes place while they are unconscious, the Supreme Court ruled Friday. The closely watched case involved an Ottawa man and his live-in partner of nine years who engaged in erotic asphyxiation. In a split 6-3 decision issued Friday, the court restored the man’s conviction for sexual assault for performing a sex act on his girlfriend while she was unconscious.”

The Toronto Sun reported yesterday that “Top court rules against ‘advanced consent.’

Yesterday’s edition of The Vancouver Sun contained an article headlined “Top court interpretation of ‘consent’ really about sexual autonomy; Ruling addresses timing of permission to engage in sex.”

The Canadian Press reports that “Supreme Court rules unconscious woman can’t give consent to sex.”

Reuters Canada reports that “Ruling clarifies meaning of consent in sex.”

CBC News has a report headlined “No consent in unconscious sex case: Supreme Court.

And today in The Toronto Star, columnist Rosie DiManno has an op-ed entitled “Supreme Court’s consent ruling infantilizes women.”

You can access Friday’s ruling of the Supreme Court of Canada at this link.

Posted at 10:20 PM by Howard Bashman



“Judge, lawyer nominated for federal appeals court; President Obama gets to choose either Justice Jon Levy or lawyer William Kayatta Jr. for the post”: This article appeared yesterday in The Portland (Me.) Press Herald.

Posted at 10:07 PM by Howard Bashman



Saturday, May 28, 2011

“Loughner ruling creates potential obstacles on path to trial in Arizona shootings”: The Washington Post today contains an article that begins, “The treatment to restore mentally unfit defendants to competence so that they can stand trial for heinous crimes is an uncertain science that, in a number of high-profile cases, has taken years — and at times failed altogether.”

Posted at 10:58 AM by Howard Bashman