How Appealing



Thursday, November 17, 2011

Governing body on matters of federal judicial conduct holds that a judge’s membership in an organization that practices invidious discrimination on the bases of race and sex violates the Code of Conduct for federal judges and constitutes misconduct under the Judicial Conduct and Disability Act: You can access today’s unanimous ruling of the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States at this link.

My earlier coverage of this matter appears here and here. In the more recent of those two earlier posts, I linked to 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.

Update: In early news coverage, Mark Sherman of The Associated Press reports that “Panel says federal bankruptcy judge in Tenn. should not be member of segregated country club.”

Posted at 4:18 PM by Howard Bashman



Access today’s ruling of the Supreme Court of California in Perry v. Brown: The Court has posted the ruling online at this link. At issue in the case is whether the official proponents of an initiative measure have standing to defend the constitutionality of the measure when the public officials charged with that duty decline to do so.

California’s highest court has summarized its ruling today as follows: “In a postelection challenge to a voter-approved initiative measure, the official proponents of the initiative are authorized under California law to appear and assert the state’s interest in the initiative’s validity and to appeal a judgment invalidating the measure when the public officials who ordinarily defend the measure or appeal such a judgment decline to do so.”

The court’s ruling was by a unanimous vote of 7-to-0.

In early news coverage, The Associated Press reports that “Court says backers can defend gay marriage measure.”

Posted at 1:01 PM by Howard Bashman



“Appeals Court Examines First-Ever Narco-Terrorism Conviction”: At “The BLT: The Blog of Legal Times,” Mike Scarcella has a post that begins, “A lawyer representing the first person ever convicted for violating narco-terrorism laws told a federal appeals court in Washington today that the evidence in the case was insufficient to support the charges.”

Posted at 12:50 PM by Howard Bashman



“Judge Posner on School Law and ‘Spoiled Kids'”: Earlier this week at the “School Law” blog of Education Week, Mark Walsh had a post that begins, “A prominent federal appeals court judge said in a recent speech that courts should defer more to school administrators, and that students today are ‘spoiled and coddled’ and should ‘learn to roll with the punches’ and not be hypersensitive about political or religious messages in schools they might find offensive.”

Posted at 10:27 AM by Howard Bashman



“Dershowitz Donates Papers to His College”: Today’s edition of The Harvard Crimson contains an article that begins, “Starting Monday researchers could access over a million papers belonging to Harvard Law Professor Alan M. Dershowitz. But not at Harvard. He donated his papers to Brooklyn College because he credits his success to his undergraduate experience there.”

Posted at 8:32 AM by Howard Bashman



“Retired Supreme Court judge to head New Zealand inquiry”: In today’s edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, “Just days after retiring from the Supreme Court of Canada, Ian Binnie has disproved the adage that old judges simply fade away by landing a high-profile appointment from the New Zealand government.”

And in Tuesday’s newspaper, Makin had an article headlined “Humility, humour mark day as new judges sworn in.”

Posted at 8:26 AM by Howard Bashman



“Ruling ordering better VA mental health treatment is withdrawn; The decision by a three-judge panel will be reconsidered by the full 9th Circuit Court of Appeals; The case was brought by activists who alleged systemic failure to treat psychological injuries”: Carol J. Williams has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that “Appeals court to rehear case on overhaul of VA.”

My earlier coverage of yesterday’s Ninth Circuit order granting rehearing en banc can be accessed here.

Posted at 8:24 AM by Howard Bashman



Wednesday, November 16, 2011

“Missouri Supreme Court upholds tough rules for adult businesses”: The Kansas City Star today contains an article that begins, “Missouri’s tough restrictions on adult entertainment will soon spread across the country, anti-pornography activists predicted Tuesday, now that the state’s Supreme Court has decided the stronger rules are constitutional.”

You can access yesterday’s ruling of the Supreme Court of Missouri at this link.

Posted at 10:32 PM by Howard Bashman



“Supreme Court’s planned review of health-care law shocks Medicaid advocates”: This article will appear Thursday in The Washington Post.

Posted at 10:27 PM by Howard Bashman



“Facing ethics trial, ‘Taj Mahal’ judge says he’s resigning”: The St. Petersburg Times has a news update that begins, “Unable to negotiate a penalty short of being removed from office, 1st District Court Judge Paul M. Hawkes is resigning from the court to avoid facing a trial before the Judicial Qualifications Commission.”

And The Associated Press reports that “Judge involved in courthouse construction resigns.”

Posted at 5:02 PM by Howard Bashman



“California Supreme Court to decide Proposition 8 issue Thursday”: Howard Mintz of The San Jose Mercury News has this update.

Maura Dolan of The Los Angeles Times has a blog post titled “State justices to rule on Prop. 8 backers’ legal standing.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Ruling due on Prop. 8.”

According to this Notice of Forthcoming Filings, the Supreme Court of California will post its ruling online at 1 p.m. eastern time tomorrow.

Posted at 4:50 PM by Howard Bashman



“Bruno faces new trial, conviction vacated; Ruling paves way for a new trial for 82-year-old Republican”: The Times Union of Albany, New York has this news update.

The Buffalo News has an update headlined “Corruption conviction of Bruno overturned.”

The Associated Press reports that “NY Federal Appeals Court Permits Bruno Retrial.”

Reuters reports that “Appeals court tosses Bruno conviction, but allows new charges.”

And Bloomberg News reports that “Former New York Senate Leader Bruno’s Conviction Is Thrown Out on Appeal.”

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

Posted at 2:23 PM by Howard Bashman



“U.S. Supreme Court justice Samuel Alito to Rutgers law students: ‘Judging is a craft.'” This article appears today in The Newark (N.J.) Star-Ledger.

Posted at 2:15 PM by Howard Bashman



“Supreme Court to hear in vitro case; If reproductive technology allows a child to be conceived after a father’s death, can the child claim Social Security survivor’s benefits? Justices will decide a mother’s case.” David G. Savage had this article yesterday in The Los Angeles Times.

Posted at 2:03 PM by Howard Bashman



Tuesday, November 15, 2011

“King County judge named to state Supreme Court”: The Seattle Times has a news update that begins, “Gov. Christine Gregoire named King County Superior Court Judge Steven Gonzalez to the state Supreme Court on Tuesday, replacing retiring Justice Gerry Alexander.”

Posted at 10:07 PM by Howard Bashman



“Plea for TV of health care hearings”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “Against very long odds, the C-SPAN network on Tuesday asked the Supreme Court to allow live television coverage of the oral arguments that are to be held in March on the constitutionality of the new federal health care law. ”

C-SPAN has posted online at this link the letter that its Chairman and CEO sent today to the Justices of the U.S. Supreme Court.

Update: In other coverage, The Associated Press has a report headlined “C-SPAN: Put high court health care arguments on TV.”

Posted at 5:22 PM by Howard Bashman



“Court: Cell phones not OK to use at red light.” Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A driver who stops at a red light is ‘driving’ and is still prohibited from using a handheld cell phone, a state appeals court ruled Monday in upholding a $103 fine against a Richmond motorist.”

Bay City News reports that “Court Says Using Hand-Held Cellphone At Red Light Violates State Law.”

Kate Moser of The Recorder has an article headlined “Appeal Court: Texting at Red Lights a No-Go.”

And at the “California Appellate Report” blog, law professor Shaun Martin begins his post about the case by writing that “This is the most important opinion in the history of California appellate jurisprudence.”

You can access yesterday’s ruling of the California Court of Appeal for the First Appellate District, Division Two, at this link.

Posted at 4:30 PM by Howard Bashman



“Medical Nuances Drove ‘No’ Vote in Mississippi”: Today’s edition of The New York Times contains this article about the “personhood” initiative.

Posted at 3:08 PM by Howard Bashman