How Appealing



Monday, May 16, 2011

“Why recounts are a vital part of election process”: Joanne Kloppenburg will have this op-ed Tuesday in The Milwaukee Journal Sentinel.

Posted at 10:37 PM by Howard Bashman



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

In addition, the Court today issued three rulings in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Kentucky v. King, No. 09-1272. Justice Ruth Bader Ginsburg issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in CIGNA Corp. v. Amara, No. 09-804. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined. Justice Sonia Sotomayor did not take part in the ruling. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion of the Court in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer and Sotomayor joined. Justice Kagan did not take part in the ruling. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Court says FOIA request cannot be used in lawsuit“; “Court sides with police in warrantless search“; “Supreme Court won’t revive torture lawsuit“; “Court won’t hear challenge to ‘So help me God’“; and “Court nixes case over anonymity in school suit.”

Posted at 10:04 AM by Howard Bashman



“Posts look less likely for 2 judicial nominees; Feingold’s ouster worsens odds for Butler, Nourse confirmations”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “As federal judges from Wisconsin, Illinois and Indiana gather Monday in Milwaukee for the U.S. 7th Circuit bar association’s annual meeting, their ranks remain less than full strength, casualties of partisan congressional politics that have led to growing judicial vacancies nationwide. Two of President Barack Obama’s nominees for posts among the group, former Wisconsin Supreme Court Justice Louis Butler Jr. to fill a district court seat in Madison and law professor Victoria Nourse to fill a seat on the 7th Circuit Court of Appeals, remain in limbo and appear unlikely to get the jobs.”

Posted at 8:14 AM by Howard Bashman



“Castille reignites dispute over Pennsylvania death-penalty appeals”: In today’s edition of The Philadelphia Inquirer, Nathan Gorenstein has an article that begins, “After reading the appeal from prison inmate Mark Spotz, incarcerated on four murder convictions, an angry Chief Justice Ronald D. Castille unleashed perhaps the most scathing language ever from the Pennsylvania State Supreme Court.”

Posted at 7:56 AM by Howard Bashman



Sunday, May 15, 2011

“Colleagues see Nickolaus as insular, hardworking; Waukesha County clerk’s error is at center of Supreme Court recount”: This article will appear Monday in The Milwaukee Journal Sentinel.

Posted at 9:00 PM by Howard Bashman



“Justice Stevens Talks About Life on the High Court; Stevens answers questions after a day-long symposium on his legacy”: Northwestern University’s media relations office has posted online this report featuring various audio clips.

Posted at 8:56 PM by Howard Bashman



“Tracie Hunter has sued or been sued 13 times; Candidate for Juvenile Court judge is challenging 23-vote defeat in federal court”: The Cincinnati Enquirer contains this article today.

At “SCOTUSblog,” Lyle Denniston recently had a post about the case titled “A revival of Bush v. Gore? A candidate for a local judgeship in Ohio, and a county election board, ask the Court to narrow the reach of its famous presidential election decision in Bush v. Gore in 2000.”

Posted at 10:05 AM by Howard Bashman



“Yucca Valley woman one of seven suing Walmart, claiming gender discrimination; Women join forces in class-action effort against retail giant”: This article appears today in The Desert Sun of Palm Springs, California.

Posted at 9:54 AM by Howard Bashman



Saturday, May 14, 2011

“Kagan shares humor, wisdom with UNM law graduates”: The Associated Press has a report that begins, “U.S. Supreme Court Justice Elena Kagan blended a good mix of humor and wisdom Saturday for graduates of the University of New Mexico law school in her first public address since being sworn in last summer.”

Posted at 11:48 PM by Howard Bashman



“Supreme Court Justice Sotomayor tells students to work hard for dreams at Ramapo commencement”: This article appears today in The Newark (N.J.) Star-Ledger.

Posted at 11:42 PM by Howard Bashman



“Lakewood Shutout 1-0 On Saturday”: The web site of the Lakewood BlueClaws provides this report, which notes that “Bryce Harper hit a Line Drive solo HR to Left Field on the first pitch in the 7th inning for the only run of the game.” You can access the box score of this evening’s game by clicking here.

And today’s edition of The Asbury Park (N.J.) Press contained an article headlined “Buzz surrounds Bryce Harper’s first trip to Lakewood.”

Update: MLB.com reports that “Harper in a Class A all by himself.”

Posted at 10:04 PM by Howard Bashman



Friday, May 13, 2011

“For U.S. Supreme Court justice, Ramapo College graduation is a family affair”: Mahwah (N.J.) Suburban News has an update that begins, “Her exalted position notwithstanding, Associate U.S. Supreme Court Justice Sonia Sotomayor was feeling a lot like those in the audience at Ramapo College of New Jersey’s graduation on May 13.”

Posted at 5:38 PM by Howard Bashman



“City must hire 111 bypassed black firefighter candidates, court rules”: The Chicago Sun-Times has a news update that begins, “The Chicago Fire Department must hire 111 bypassed black firefighter candidates — and distribute ‘tens of millions of dollars’ in damages to 6,000 others who will never get that chance — a federal appeals court ruled Friday, upholding a landmark ruling.”

Chief Judge Frank H. Easterbrook wrote today’s ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Update: In other news coverage, The Associated Press has a report headlined “Court: Chicago must hire 111 black firefighters.”

Posted at 2:30 PM by Howard Bashman



“Secret Cash Dominates in State Court Races; Unidentified contributors are pumping big money into key races”: Bloomberg News has this report.

Posted at 8:26 AM by Howard Bashman



Thursday, May 12, 2011

Update regarding Associated Press article headlined “Fed judge keeps segregated country club membership”: Following up on my post on this matter from yesterday evening linking to this Associated Press article, I have now obtained electronic copies of the Sixth Circuit Judicial Council’s decision and the opinions dissenting therefrom and the findings of fact, analysis and recommendations of the standing investigating committee of the Sixth Circuit Judicial Council. The electronic copies of these documents that I received have the name of the complainant redacted.

On April 15, 2011, Prison Legal News published an article about this matter headlined “Sixth Circuit OK’s Federal Judge’s Membership in Racist and Sexist Country Club.”

The person who provided these documents to me advised me that the complainant made these documents available to the news media after the Circuit Executive’s Office of the Sixth Circuit advised the complainant that no further review of the Judicial Council’s decision was available. According to my source, only after the complainant made these documents available to the news media did the Circuit Executive’s Office of the Sixth Circuit advise the complainant that further review of the decision of the Sixth Circuit’s Judicial Council could be sought from the Judicial Conference of the United States.

Posted at 4:40 PM by Howard Bashman



“School Prayer Decisions Resonate Nearly 50 Years Later”: Mark Walsh has this post at the “School Law” blog of Education Week.

Posted at 2:40 PM by Howard Bashman