How Appealing



Monday, July 4, 2011
Sunday, July 3, 2011

“Lawyer to Judge: I Swear My Browser Ate My Homework.” David Kravets had this post Friday at Wired.com’s “Threat Level” blog.

Posted at 2:10 PM by Howard Bashman



“Appointments, not elections, proposed for justices; Move comes on heels of altercation between 2 Supreme Court justices”: This article appears today in The Milwaukee Journal Sentinel. The newspaper also contains an editorial entitled “Justices should explain: After an altercation between two state Supreme Court justices, the silence is deafening; The public has a right to an explanation.” And columnist Steven Walters has an op-ed entitled “A few ideas for the state’s justices.”

Posted at 10:24 AM by Howard Bashman



Saturday, July 2, 2011

“Patent case has high stakes for medical tests; The Supreme Court will hear Mayo Clinic’s argument that patents aren’t appropriate for certain tests”: The Minneapolis Star Tribune has an article that begins, “The anti-inflammatory drug azathioprine is tricky to dose. If doctors give too much, it is toxic and potentially deadly. Too little and it doesn’t work. Now a test that helps doctors find the right balance is the subject of a potentially groundbreaking case before the U.S. Supreme Court.”

Posted at 9:42 PM by Howard Bashman



“Operating Instructions: The Supreme Court shows corporate America how to screw over its customers and employees without breaking the law.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:38 PM by Howard Bashman



“Clarence Thomas doesn’t mind being the odd man out; The conservative recently hit his 20-year anniversary as a Supreme Court nominee; His career on the bench has been marked by his willingness to stand alone in dissent”: David G. Savage will have this article Sunday in The Los Angeles Times.

Posted at 9:36 PM by Howard Bashman



“Judge Jeremy Fogel goes to Federal Judicial Center”: Bob Egelko has this article today in The San Francisco Chronicle.

In today’s edition of The Los Angeles Times, Carol J. Williams reports that “Judge who halted California executions gets post in Washington; U.S. District Judge Jeremy Fogel will head the Federal Judicial Center; It’s unclear whether he will retain the contentious case of death row inmate Michael A. Morales.”

Howard Mintz of The San Jose Mercury News reports that “San Jose federal judge to head nation’s judicial center.”

And Dan Levine of Reuters reports that “California judge to direct national judicial agency.”

My earlier coverage appears at this link.

Posted at 9:26 PM by Howard Bashman



Friday, July 1, 2011

“Michigan to appeal decision deeming affirmative action ban illegal”: The Detroit Free Press has this news update.

The Detroit News has an update headlined “State to fight ruling against ban on race in college admissions.”

Saturday’s edition of The New York Times will contain an article headlined “Court Overturns Michigan Affirmative-Action Ban.”

The Grand Rapids Press has a news update headlined “Minority advocates celebrate Proposal 2 ruling, Attorney General Bill Schuette vows appeal.”

The Cincinnati Enquirer has a news update headlined “Cincinnati court rules on affirmative action.”

AnnArbor.com reports that “University of Michigan has no plans to alter admissions process after federal court ruling.”

The State News, the student newspaper of Michigan State University, has an update headlined “Court rules Michigan’s affirmative action ban unconstitutional.”

Bloomberg News reports that “Michigan Anti-Affirmative-Action Law Overturned by Federal Appeals Court.”

And Reuters reports that “Court strikes Michigan affirmative action ban.”

My earlier coverage of today’s Sixth Circuit ruling appears at this link.

Posted at 8:14 PM by Howard Bashman



“Prison terms for crack cocaine offenses reduced; The U.S. Sentencing Commission brings such sentences in line with the shorter terms given to powder cocaine offenders”: This article appears today in The Los Angeles Times.

Posted at 8:04 PM by Howard Bashman



Sixth Circuit declares unconstitutional Michigan’s Proposal 2, which prohibits public colleges and universities from granting “preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin”: You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

The majority opinion explains that “we find that Proposal 2 unconstitutionally alters
Michigan’s political structure by impermissibly burdening racial minorities.”

In her dissenting opinion, Circuit Judge Julia Smith Gibbons writes:

I disagree, however, with the majority’s conclusion that Proposal 2 is unconstitutional under a political restructuring theory of the Equal Protection Clause. In my view, Proposal 2 does not impermissibly restructure the political process in the state of Michigan to burden the ability of minorities to enact beneficial legislation. Moreover, Proposal 2 is not unconstitutional under traditional equal protection analysis

The case was argued before the Sixth Circuit in November 2009. My earlier coverage of the case appears at this link.

In early news coverage of today’s ruling, The Associated Press reports that “Mich. ban on race in college admissions illegal.”

Posted at 10:42 AM by Howard Bashman



“Why the Court Was Wrong in the Video Game Case”: Jeffrey H. Anderson has this post at the blog of The Weekly Standard.

Posted at 8:50 AM by Howard Bashman



“Walmart Case: Plaintiff Betty Dukes Tells Congress the Supreme Court Got It Wrong.” Ariane de Vogue of ABCNews.com has this report.

Posted at 8:42 AM by Howard Bashman



“Justices split by politics, personality”: Yesterday’s edition of The Wisconsin State Journal contained an article that begins, “A massive influx of money, politics and personality have helped turn the state Supreme Court — a body long respected for reasoned decisions — into an arm of government every bit as volatile as the Legislature, court observers say.”

Posted at 8:34 AM by Howard Bashman



“California given strict deadline to reduce prison population; There must be 37,000 fewer inmates by June 2013, starting with a reduction of 14,400 by the end of this year, three-judge panel says”: Carol J. Williams has this article today in The Los Angeles Times.

Posted at 8:30 AM by Howard Bashman



“Ethics, Politics and the Law”: Today’s edition of The New York Times contains an editorial that begins, “The ethical judgments of the Supreme Court justices became an important issue in the just completed term.”

Posted at 8:22 AM by Howard Bashman