How Appealing



Sunday, September 30, 2012

“Why the court wants to try again”: In Monday’s edition of The Washington Post, Richard Sander and Stuart Taylor Jr. will have an op-ed that begins, “The Supreme Court is scheduled to hear oral argument next week in Fisher v. University of Texas, the high court’s first case on the use of race in higher education admissions since its 2003 decisions in Gratz v. Bollinger and Grutter v. Bollinger.”

Posted at 9:48 PM by Howard Bashman



“As US Supreme Court opens, all eyes on Chief Justice John Roberts; The US Supreme Court opens its 2012-2013 term Monday with Justice Anthony Kennedy again the likely swing vote; But given his vote on the Affordable Care Act, Chief Justice John Roberts may not be predictably conservative either”: Warren Richey of The Christian Science Monitor has this report.

Posted at 9:24 PM by Howard Bashman



From the summer edition of “Appellate Issues,” a publication of the American Bar Association’s Council of Appellate Lawyers: Among other interesting articles, the most recent edition of this publication contains an item headlined “An Interview With Howard J. Bashman on His How Appealing Blog.”

You can access earlier editions of the publication via this link. And thanks to the publication’s editor, David J. Perlman, for his interest in interviewing me in connection with this blog’s 10-year anniversary.

Posted at 2:44 PM by Howard Bashman



“Californians back change on three strikes, but not on death penalty; Proposition 36 would ease the three-strikes sentencing law; Proposition 34 would replace the death penalty with life without possibility of parole”: Jack Leonard and Maura Dolan have this front page article today in The Los Angeles Times.

Posted at 1:02 PM by Howard Bashman



“Presidential race may leave lasting imprint on Supreme Court; Future appointments by Obama or Romney could be pivotal on issues of gay rights, gun laws, abortion and money in politics”: David G. Savage has this article today in The Los Angeles Times.

Posted at 9:40 AM by Howard Bashman



“Insight: Three lawyers ask U.S. Supreme Court: Why here?” Rebecca Hamilton of Reuters has an article that begins, “For more than three decades survivors of human rights abuses in foreign countries have turned to U.S. federal courts to seek justice. On Monday the U.S. Supreme Court hears a case that could make that impossible.”

Posted at 9:28 AM by Howard Bashman



Saturday, September 29, 2012

“Brewer fills Arizona courts with Republican judges; Predecessors not as partisan”: This article appears today in The Arizona Republic. According to the article, “Brewer must make her third appointment to the state Supreme Court by Oct. 19, choosing among two Republican nominees and one Democrat.”

Posted at 11:05 PM by Howard Bashman



“Supreme Court Faces Crucial Rulings in Coming Term”: In Sunday’s edition of The New York Times, Adam Liptak will have an article that begins, “The Supreme Court returns to the bench on Monday to confront not only a docket studded with momentous issues but also a new dynamic among the justices.”

Posted at 1:10 PM by Howard Bashman



“Omar Khadr is going home to Canada from Guantanamo; The Toronto-born man who got to Guantanamo as a teenager was en route to more prison time in his native Canada as of 4:30 a.m. Saturday under a 2010 plea deal, a U.S. military source tells The Miami Herald”: Carol Rosenberg of The Miami Herald has this news update.

And The Toronto Globe and Mail has a news update headlined “Omar Khadr returned to Canada from U.S. Guantanamo Bay base.”

Posted at 9:38 AM by Howard Bashman



Friday, September 28, 2012

“Party Divide Still Evident in Supreme Court Job Approval; Fifty-seven percent of Democrats, 36% of Republicans approve”: Gallup issued this news release today.

Posted at 10:40 PM by Howard Bashman



“For aging Guantanamo captives, a cardiac care lab; The U.S. military is making a multimillion-dollar investment in healthcare that captives may need but can’t travel to get”: Carol Rosenberg of The Miami Herald has a report that begins, “The Pentagon is buying a mobile cardiac care unit and separate MRI trailer for the 167 detainees at Guantanamo, a $2.6 million investment for an aging population of captives who can’t be treated on U.S. soil.”

Posted at 9:00 PM by Howard Bashman



“Former bank robber in 2nd year at UW law school; He was convicted of robbing banks in Nebraska, but the University of Washington took a chance and admitted Shon Hopwood to law school, and the Gates Scholarship Program is paying for his education”: This article appears today in The Seattle Times.

Posted at 8:56 PM by Howard Bashman



“In stunning order, 9th Circuit blasts recusal motion in death case”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a report that begins, “If you believe in the fundamental fairness of our justice system, there’s a beautiful paragraph in the middle of a truly extraordinary order issued Friday by 9th Circuit Court of Appeals judges Marsha Berzon and Richard Tallman.”

The Associated Press reports that “Former Oregon judge Susan Graber refuses to step aside from case.”

And Cronkite News reports that “Appeals court rejects request to remove judge in Arizona death-penalty case.”

My earlier coverage of today’s Ninth Circuit order appears at this link.

Posted at 8:54 PM by Howard Bashman



“Affirmative action, drug-sniffing dogs, maybe gay marriage loom as Supreme Court term begins”: Michael Doyle of McClatchy Newspapers has this report.

Posted at 4:37 PM by Howard Bashman



“Graham, Gerstein, Lamb and Wall honored at Reporters Committee First Amendment Awards Dinner”: The Reporters Committee for Freedom of the Press issued this news release today.

Posted at 1:35 PM by Howard Bashman



“Judge whose father was killed asked to step aside”: Last week, The Associated Press had an article that begins, “Defense lawyers for an Arizona inmate sentenced to death for a carjacking murder say his case hits too close to home for a federal appellate judge and she should step aside.”

On Wednesday of this week, at the “Legal Pad” blog of The Recorder, Scott Graham had a post titled “Arizona AG: Request to Recuse Graber Untimely, Unfounded.”

Today, Ninth Circuit Judge Susan P. Graber issued an order denying the recusal request.

Of particular note, however, is an opinion accompanying the order that the other two judges on the original three-judge panel — Circuit Judges Marsha S. Berzon and Richard C. Tallman — have issued explaining that they too viewed the recusal motion as meritless.

Posted at 1:32 PM by Howard Bashman