How Appealing



Thursday, August 13, 2015

Ninth Circuit to consider imposing sanctions against U.S. Department of Justice attorney for “improper oral argument” based on a Los Angeles Times article published just days before oral argument: You can access at this link a rather interesting order that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The Los Angeles Times article in question, as now available online, was headlined “Sex offender accused of assaulting teen was in U.S. illegally, officials say.” The oral argument video can be viewed online at YouTube at this link, advanced to the precise moment where the Justice Department attorney begins to reference the article in question.

Circuit Judge Kim McLane Wardlaw, who presided over the Ninth Circuit’s recent oral argument in the case, was the author of an opinion from 2013 that the identical three-judge panel issued requiring bond hearings for immigration detainees after 180 days. This blog’s earlier coverage of that ruling can be accessed here.

During last month’s Ninth Circuit oral argument in the case, it appears that the Justice Department’s attorney was suggesting that the Ninth Circuit’s 2013 ruling in the case helped bring about the resulting sex offender assault, while Judge Wardlaw maintained that it was the presiding Immigration Judge, also a Justice Department employee, who is responsible for letting a sex offender obtain bail under circumstances in which no reasonable jurist would find bail appropriate. In any event, the oral argument video shows that Judge Wardlaw was at least as familiar with the LA Times article as the arguing Justice Department attorney.

Update: In earlier coverage of the oral argument, Courthouse News Service reported that “DOJ Blasted for Timing and Use of News Story.”

Posted at 8:50 PM by Howard Bashman



“The Strangest Campaign Pledge: Why it makes sense to support a candidate who vows to straighten out democracy and then quit.” Online today at Slate, law professor Eric Posner has an essay that begins, “On Tuesday Lawrence Lessig, a Harvard law professor, announced that he would run for president if he receives $1 million in donations by Labor Day.”

Posted at 1:38 PM by Howard Bashman



“Connecticut Supreme Court Rules Death Penalty Unconstitutional, Bars Execution Of Any Inmate”: Edmund H. Mahony of The Hartford Courant has this news update.

And The Associated Press reports that “Connecticut’s top court overturns death penalty in state.”

Today’s 4-to-3 ruling of the Supreme Court of Connecticut consists of a 92-page majority opinion, two concurring opinions (here and here), and three dissenting opinions (here, here, and here).

Update: In other coverage, The New York Times reports that “Connecticut Death Penalty Law Is Unconstitutional, Court Rules.”

Reuters reports that “Connecticut’s top court bans death penalty in state.”

And Chris McDaniel of BuzzFeed News reports that “Connecticut High Court Nixes Death Sentences For 11 Remaining Death Row Inmates.”

Posted at 11:54 AM by Howard Bashman