How Appealing



Friday, October 28, 2011
Thursday, October 27, 2011

“Forsyth files petition to take prayer case to the U.S. Supreme Court”: The Winston-Salem Journal has a news update that begins, “Forsyth County filed a petition with the U.S. Supreme Court today to overturn a lower court’s ruling that banned prayers mentioning Jesus from the start of meetings of the Forsyth County Board of Commissioners.”

The newspaper has posted the petition for writ of certiorari at this link.

Posted at 10:44 PM by Howard Bashman



“Ninth Circuit Grants Rehearing En Banc in United States v. Nosal“: Orin Kerr has this post at “The Volokh Conspiracy.”

And at his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Is checking sports scores or personal e-mail at work a crime?

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My earlier coverage of the divided three-judge panel’s ruling in the case can be accessed here.

Posted at 10:00 PM by Howard Bashman



“UT’s Missing Brief and Justice Kagan’s Recusal”: Hans A. von Spakovsky has this post at National Review Online’s “Bench Memos” blog.

Posted at 6:12 PM by Howard Bashman



“This is a strange case.” So begins the opinion that Chief Judge Alex Kozinski issued today on behalf of the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Here is the entire first paragraph of the majority opinion:

This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legal matter. There are unlikely to be many more like it, so this opinion’s precedential value is probably limited. We nevertheless publish pursuant to General Order 4.3. While we’re at it, we offer some advice to lawyers: Don’t apologize unless you’re sure you did something wrong. And there’s also a lesson for district judges: Don’t accept too readily lawyers’ confessions of error or rely on your own memory of what happened. Trials are complicated and we sometimes misremember details. That’s why we have transcripts.

Circuit Judge Sandra S. Ikuta, who earlier in her career worked as a law clerk for Judge Kozinski, issued a dissenting opinion.

Posted at 1:50 PM by Howard Bashman



“My View of the Second Question Presented in United States v. Jones, the Fourth Amendment GPS Case”: Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 1:45 PM by Howard Bashman



“UK supreme court judges air concerns over having to follow Europe’s lead; Rulings from Strasbourg human rights court ‘sometimes too narrow’ and interpretations are disputed”: This article appears today in The Guardian (UK), along with a news analysis headlined “The UK supreme court is changing the way we think about law; The separation of judiciary and legislature will bring about a more confrontational relationship between judges and ministers.”

Posted at 8:17 AM by Howard Bashman



“Reduced sentence for Miami-Dade rapist under Supreme Court ruling; Jacamo Ardon, 17 when he kidnapped and raped a woman in 1991, will soon leave prison, under a new ruling, but he will be deported to his native Nicaragua”: Today’s edition of The Miami Herald contains an article that begins, “A Miami man convicted in the brutal 1991 gang rape of a college student will soon leave prison, thanks to a controversial U.S. Supreme Court ruling.”

Posted at 8:13 AM by Howard Bashman



“Supreme Court to hear ‘downer cattle’ meat processing case which originated in Chino”: The Contra Costa Times contained this article yesterday.

Posted at 8:11 AM by Howard Bashman



“Judge nixes Christie request to have N.J. judges contribute more toward pensions and benefits”: The Newark Star-Ledger today contains an article that begins, “Despite a tongue-lashing last week from the governor, a Superior Court judge ruled today that state judges do not have to pay more for pensions and health plans while the state is appealing a ruling that declared the increases unconstitutional.”

Posted at 8:10 AM by Howard Bashman



“Sandra Day O’Connor talks of life as a cowgirl and on the court”: This article appears today in The Fort Worth Star-Telegram.

Posted at 8:00 AM by Howard Bashman



“Lawyer Opposing Health Law Is Familiar Face to the Justices”: In today’s edition of The New York Times, Kevin Sack has a front page article that begins, “It would be hard for any lawyer to fathom a more riveting caseload than the one Paul D. Clement carried during his seven years in President George W. Bush’s Justice Department.”

Posted at 7:56 AM by Howard Bashman



“Interest Groups Dominate Spending in Judicial Elections, New Report Shows; Nearly 40 Percent of All Campaign Cash in 2009-10 Came From 10 Organizations”: The Justice at Stake Campaign, the Brennan Center for Justice at NYU School of Law, and the National Institute on Money in State Politics have issued this news release today.

You can access the report, titled “The New Politics of Judicial Elections: 2009-10; How Special Interest ‘Super Spenders’ Threatened Impartial Justice and Emboldened Unprecedented Legislative Attacks on America’s Courts,” by clicking here.

Posted at 7:50 AM by Howard Bashman



Wednesday, October 26, 2011

“Appeals court hears case of ‘enemy combatant'”: The Associated Press has a report that begins, “Lawyers for a U.S. citizen who was detained nearly four years as an ‘enemy combatant’ asked an appeals court to reinstate a lawsuit against former Defense Secretary Donald Rumsfeld and other officials.”

Posted at 5:55 PM by Howard Bashman



“Kevin Ring, Author of Scalia Book, Gets 20 Months in Abramoff Scandal”: Jess Bravin has this post at WSJ.com’s “Washington Wire” blog.

Posted at 4:16 PM by Howard Bashman



“Obama Health Care: Supreme Court May Decide In Mid-November Whether To Hear Cases.” Mike Sacks of The Huffington Post has this report.

Posted at 4:12 PM by Howard Bashman



“Business Group Files Opposition To $3.4B Cobell Settlement”: At “The BLT: The Blog of Legal Times,” Mike Scarcella has a post that begins, “A conservative think tank that advocates for free enterprise and limited government is challenging the $3.4 billion settlement in a Native American class action in Washington, saying the judge in the high-profile case should not have certified a class.”

You can access the group’s amicus brief filed yesterday in the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 1:26 PM by Howard Bashman



“Health cases set for Nov. 10”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court will take its first look at the challenges to the new federal health care law at its Conference on Thursday, November 10.”

Posted at 12:58 PM by Howard Bashman



“Patriot Act Turns 10, With No Signs of Retirement”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 10:09 AM by Howard Bashman



Access online the text of the prepared remarks of Seventh Circuit Judge Diane S. Sykes at the recent memorial service for Seventh Circuit Judge Terence T. Evans: Yesterday, in a post that you can access here, I noted that the Seventh Circuit had posted online a video of the memorial service.

Late yesterday, I received this PDF file containing the prepared text of the remarks that Judge Sykes delivered at the memorial service. Following law school, Sykes worked as a law clerk for Judge Evans. Later in her career, Sykes served as a Justice on the Supreme Court of Wisconsin and then became one of Judge Evans’s colleagues on the Seventh Circuit.

Posted at 9:55 AM by Howard Bashman



“Bougainville residents can sue Rio Tinto company”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “South Pacific islanders can sue a multinational mining company in U.S. courts for alleged complicity in their government’s slaughter of its people, a federal appeals court in San Francisco ruled Tuesday, adding its voice to a legal controversy now before the Supreme Court.”

And Ginny LaRoe of The Recorder reports that “Splintered Circuit OKs Alien Tort Case Against Rio Tinto.”

My earlier coverage of yesterday’s en banc Ninth Circuit ruling appears here, here, and here.

Posted at 8:33 AM by Howard Bashman



“Defenders want accused Cole bomber’s jury told if acquittal equals freedom; In the war on terror detention system the Bush and Obama administrations built, a captive can be executed if he’s convicted of a capital crime and kept forever if he’s acquitted”: Carol Rosenberg of The Miami Herald has this report.

Posted at 8:24 AM by Howard Bashman