How Appealing

Monday, January 8, 2007

"Supreme Court Refuses Case Challenging Group's Designation as Terrorists": Linda Greenhouse will have this article Tuesday in The New York Times.

And Tuesday in USA Today, Joan Biskupic will report that "Court challenge of ID requirement fails."
Posted at 11:50 PM by Howard Bashman

"Judges Look to New Congress for Changes in Mandatory Sentencing Laws": This article will appear Tuesday in The New York Times.
Posted at 11:40 PM by Howard Bashman

Available online from Tony Mauro reports that "Judicial Salaries at Top of Court Administrator's Agenda; In first interview since starting job, Administrative Office of the U.S. Courts director notes challenges facing judiciary."

Marcia Coyle reports that "Unions' Use of Fees Up for Review by Supreme Court."

And an article asks "Will Departing White House Counsel Miers Return to Locke Liddell?"
Posted at 10:00 PM by Howard Bashman

Fifth Circuit becomes more efficient, vacates declaration of its own judicial emergency: The Chief Judge of the U.S. Court of Appeals for the Fifth Circuit issued this order today.
Posted at 09:55 PM by Howard Bashman

"EchoStar Rejected by U.S. Supreme Court on Network Programming": Greg Stohr of Bloomberg News provides this report.
Posted at 08:40 PM by Howard Bashman

"Michigan Supreme Court Justice Dissents from the Re-Election of a Chief Justice": At "The Volokh Conspiracy," Eugene Volokh has this post noting that The Traverse City Record-Eagle has now put online at this link the unusual dissent in question.

My earlier coverage appears here.
Posted at 07:45 PM by Howard Bashman

"Fielding Picked for White House Counsel": The Associated Press provides this report.

And Reuters reports that "Bush picks Fred Fielding as White House counsel."
Posted at 05:12 PM by Howard Bashman

"Supreme Court Hears Garbage Fees Case": The Associated Press provides this report.

Thus far today, the U.S. Supreme Court has posted online today's oral argument transcript in Limtiaco v. Camacho, No. 06-116, a case involving Guam bonds along with some interesting jurisdictional questions.

Update: The transcript of today's oral argument in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345, can be accessed here.
Posted at 03:55 PM by Howard Bashman

"The Brennan Memos: Brennan on Burger." Jim Newton has this jurisprudence essay online at Slate.

Update: As of 6 p.m. eastern time, Slate appears to have removed the text of this piece.
Posted at 03:30 PM by Howard Bashman

"Kan. AG Worried About Abortion Case File": The Associated Press provides this report.
Posted at 03:24 PM by Howard Bashman

"New Jersey Could Kill the Death Penalty": Patrick Mulvaney will have this essay in the January 22, 2007 issue of The Nation.
Posted at 02:55 PM by Howard Bashman

"Sports-recruiting case returns to high court": Online today at the First Amendment Center, Tony Mauro has a news analysis that begins, "The authors of the First Amendment’s freedom-of-speech clause might be surprised to learn that in the 21st century, it is being invoked to protect a private school football coach from being punished for recruiting eighth-grade boys from other schools for his team."
Posted at 02:50 PM by Howard Bashman

"Rehnquist's Skeletons: How the Nixon and Reagan White Houses tried to silence his critics." Bonnie Goldstein has this Hot Document online at Slate.
Posted at 02:38 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Navy Lawyer Faces Court-Martial"; "Wife Asks Jury to Spare Truck Driver"; and "Tribe Keeps Fighting for Treaty Rights."
Posted at 02:35 PM by Howard Bashman

"Court To Hear Challenge To Costly Calls From Prison": The New York Sun today contains an article that begins, "The state's highest court tomorrow will hear a legal challenge to the high fees associated with placing collect calls from the state's prison system."
Posted at 12:30 PM by Howard Bashman

Briefs filed in support of's motion to dismiss Pittsburgh attorney's lawsuit against that web site: You can access the web site's amended brief in support of its motion to dismiss by clicking here. In addition, the Electronic Frontier Foundation, the ACLU of Pennsylvania, and the Center for Democracy and Technology have filed an amicus brief in support of the web site's motion to dismiss. The motion is scheduled to be argued on January 23, 2007.

You can access the trial court's docket entries, providing access to electronic copies of other papers filed in the case, at this link.
Posted at 11:05 AM by Howard Bashman

"Web error reveals censure of U.S. judge; In a rare move only inadvertently made public, action is urged against Manuel L. Real of L.A. for misconduct": On December 23, 2006, Henry Weinstein had this article in The Los Angeles Times. My initial coverage of that article appeared at this link.

On January 2, 2007, I posted online all but page nine of the Judicial Council of the Ninth Circuit's ruling in In re Complaint of Judicial Misconduct, No. 05-89097 (Nov. 16, 2006). You can access all but page nine of that ruling by clicking here.

As I explained in my January 2nd post, the copy of the ruling that I received did not include page nine. Over this past weekend, however, I obtained the missing page, and thus you can access missing page nine by clicking here.
Posted at 10:33 AM by Howard Bashman

Today's U.S. Supreme Court Order List: You can access today's Order List at this link.

In early news coverage, The Associated Press reports that "Court Turns Down Iran Opposition Group" and "Supreme Court Won't KO Airport ID Policy."

You can access Lyle Denniston's round-up at "SCOTUSblog" by clicking here.
Posted at 10:24 AM by Howard Bashman

"FBI Files Fan Debate Over Rehnquist Legacy: Drug abuse. Paranoiac delusions. Allegations of FBI witness intimidation. Is the former chief's legacy at risk?" Tony Mauro has this article (free access) in today's issue of Legal Times.
Posted at 10:15 AM by Howard Bashman

"U.S. views asked on tobacco delivery": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:14 AM by Howard Bashman

Justice Antonin Scalia to speak in Cleveland this Wednesday evening: More details and electronic registration (the deadline to register is today) can be accessed at this link.
Posted at 10:12 AM by Howard Bashman

"Blawg Review #90": Available online at this link, from the blog "Minor Wisdom."
Posted at 08:54 AM by Howard Bashman

"It's Time to Abolish 'Invisible' State Appellate Court Rulings": That's the headline of today's installment of my "On Appeal" column for

At "The Indiana Law Blog," Marcia Oddi has a related post titled "Indiana appeals court now a leader in making all rulings accessible to public."
Posted at 08:50 AM by Howard Bashman

"No abortion ban expected; But 2007 Legislature might consider bills to restrict procedure": This article appears today in The Sioux Falls Argus Leader.
Posted at 08:45 AM by Howard Bashman

"Chief justice off mark on judges' earnings; Judicial pay shouldn't be tied to Congressional salaries": The Miami Herald contains this editorial today.
Posted at 08:44 AM by Howard Bashman

"California court can bring reason to marriage debate": This editorial appears today in The San Jose Mercury News.
Posted at 08:42 AM by Howard Bashman

What's next -- Howie Mandel hosting cert. or no cert.? Hollywood's quest to glorify U.S. Supreme Court law clerks will soon reach new heights (or perhaps depths) as Fox Television has given the green light to a new series entitled "Supreme Courtships."

According to Variety magazine, "'Supreme Courtships' revolves around the professional and personal world of six Supreme Court clerks. Tieche and Adelstein Productions ('Prison Break') principals Marty Adelstein and Michael Thorn will produce."

And The Hollywood Reporter says that "'Supreme Courtships,' from 20th Century Fox TV and Adelstein Prods., is a comedic drama about the personal and professional lives of six Supreme Court clerks and their supervisors."
Posted at 08:40 AM by Howard Bashman

In news from Guam: KUAM News provides a report that begins, "Expected to be the major news event Tuesday is Governor Felix Camacho's bond-borrowing case, which will be heard before the highest court in the land."
Posted at 08:33 AM by Howard Bashman

"Resnick bows out without a word; Outspoken justice was a voice for underdogs": This article appears today in The Columbus (Ohio) Dispatch.
Posted at 08:30 AM by Howard Bashman

"Amid state appeals stands 'Dr. Death'; In hundreds of cases, point man out to preserve lethal injection": Howard Mintz had this article Saturday in The San Jose Mercury News.
Posted at 08:24 AM by Howard Bashman

"New London Officials Have High Hopes For Reviving Development; Fort Trumbull plan at issue in talks set to start Wednesday": This article appears today in The Day of New London, Connecticut.
Posted at 08:20 AM by Howard Bashman

"Evidence grows that America has begun to lose faith in death penalty": Patti Waldmeir of Financial Times has this article today.
Posted at 08:15 AM by Howard Bashman

"Trash Haulers Aim for Lower Fees in U.S. Supreme Court Fight": Greg Stohr of Bloomberg News provides this report.
Posted at 08:12 AM by Howard Bashman

"Sue parents for not securing car seat? A strange case before Minnesota's top court may hand a new risk to drivers carting kids." This article appeared last Friday in The St. Paul Pioneer Press.

And in other coverage, The Minneapolis Star Tribune reported that "Minnesota boy, 8, sues parents over car seat; Teddy Harrison, now 8, was ejected from a seat in 2001; The Minnesota Supreme Court's interpretation of a rule about evidence also will decide how much money he gets."
Posted at 08:07 AM by Howard Bashman

"Trial for Human Smuggler Resumes Monday": The Associated Press provides this report.
Posted at 08:05 AM by Howard Bashman

"Innocents at Gitmo": Nat Hentoff has this op-ed today in The Washington Times.
Posted at 08:02 AM by Howard Bashman

On the editorial page of today's issue of The Los Angeles Times: Today's newspaper contains editorials entitled "First wiretapping, now letter-opening? Can the feds read your mail without a warrant? You wouldn't think so, but that's not how the president sees it" and "Military injustice: Army prosecutors are going too far in trying to conscript reporters to boost their case in a soldier's court-martial."
Posted at 08:00 AM by Howard Bashman

"A capital trial at the crime scene; Many will be watching as a courthouse slaying case unfolds in Atlanta; One issue is fairness": The Los Angeles Times contains this article today.
Posted at 07:55 AM by Howard Bashman

"Restraining order at issue: High court to rule if fire chief can now return." This article appears today in The Atlanta Journal-Constitution.
Posted at 07:54 AM by Howard Bashman

"Israeli experience may sway Army policy on gays; In U.S., 'don't ask, don't tell' is losing ground": The St. Petersburg Times contains this article today.
Posted at 07:48 AM by Howard Bashman

"Battling Deportation Often a Solitary Journey; Without Legal Assistance, Thousands Are Expelled Unfairly, Critics of System Say": This lengthy front page article appears today in The Washington Post.

That newspaper today also contains a related article headlined "Conservatives Decry Terror Laws' Impact on Refugees; Administration's Interpretation Means Many Asylum-Seekers Are Wrongly Considered Security Threats, Critics Say."
Posted at 07:40 AM by Howard Bashman

"Free-Market Justice: Why do private lawyers do better than public defenders?" Morris B. Hoffman, a state court trial judge from Colorado, has this op-ed today in The New York Times.

The blog "Public Defender Stuff" offers a guide to every public defender blog.
Posted at 07:34 AM by Howard Bashman

"Mass Repeal: The liberal case for Massachusetts's anti-gay-marriage amendment." Benjamin Wittes has this essay online today at The New Republic's web site.

Ben is currently on leave from his job at The Washington Post while he works on a book about the federal courts of appeals. During his leave, he'll be writing a column on legal affairs scheduled to appear every other Monday for TNR Online.
Posted at 06:50 AM by Howard Bashman

"Unions' Policy Test: Justices Will Hear Case Challenging Spending of Dues." Jess Bravin has this article (free access) today in The Wall Street Journal.
Posted at 06:44 AM by Howard Bashman

"States turn to Texas for execution guidance; Advice sought amid debate over injections": USA Today contains this article today.
Posted at 06:40 AM by Howard Bashman

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