How Appealing

Monday, February 23, 2009

"On Return, Ginsburg Is Quick to Question": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 10:40 PM by Howard Bashman


"Liberals Use Supreme Court Gun Case to Bolster Other Rights": law.com's Tony Mauro has this report.
Posted at 10:38 PM by Howard Bashman


Isn't that "special"? What differentiates a "special concurrence" from an ordinary, run-of-the-mill concurrence? A ruling that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today raises that question, as two of the three judges on the panel "specially concurred" in the lead opinion of the third judge.

The author of the first special concurrence states that he joins in the lead opinion in full, making the concurrence perhaps somewhat less special than if it had sought to accomplish something utterly bizarre. And the second of the two special concurrences offers no reasoning whatsoever, suggesting that it is little more than an ordinary (and therefore not particularly special) concurrence in the judgment.

In news coverage of the substance of the ruling, The Associated Press reports that "Amnesty International wins round in speech lawsuit."
Posted at 10:30 PM by Howard Bashman



Seventh Circuit again begins allowing U.S. District Judges to sit by designation on that federal appellate court's three-judge panels: See, for example, this ruling issued today.

If any reliable explanation for this change should reach me, I'll more than gladly pass it along to the readers of this blog.
Posted at 10:12 PM by Howard Bashman



"U.S. District Court Judge Pleads Guilty to Obstruction of Justice": The U.S. Department of Justice issued this news release today.
Posted at 09:00 PM by Howard Bashman


David G. Savage of The Los Angeles Times is reporting: In Tuesday's newspaper, he will have articles headlined "Supreme Court to hear Mojave cross case Justices will decide whether the monument can stand in a national park to honor fallen soldiers; It will be the Roberts court's first chance to rule on separation of church and state"

and

"Supreme Court won't hear appeal in patronage fraud case; Aides to Chicago Mayor Richard Daley were convicted of 'honest services fraud' in awarding city jobs based on political connections; Justice Antonin Scalia dissents, calling the law too vague."
Posted at 08:55 PM by Howard Bashman



"Marriage ruling gave gay people legal protection": Greg Moran has this article today in The San Diego Union-Tribune.
Posted at 08:54 PM by Howard Bashman


"'Secret' deadly for Montana town saturated in asbestos, prosecutors say; Trial begins in the case of W.R. Grace company, accused of knowingly exposing Libby, Mont., residents to asbestos; About 1,200 have sickened or died; The defense says there was no conspiracy": The Los Angeles Times has this news update.
Posted at 08:47 PM by Howard Bashman


"Justice Ginsburg Returns to Work; Less Than 3 Weeks After Cancer Surgery, She Is an Active Participant on the Bench": Robert Barnes will have this article Tuesday in The Washington Post.

And The Louisville Courier-Journal has a news update headlined "Bunning apologizes for Ginsburg comments."
Posted at 08:45 PM by Howard Bashman



Programming note: I have a work-related meeting out of the office this afternoon. As a result, additional posts will appear here this evening.
Posted at 12:00 PM by Howard Bashman


"Judge Kent accepts plea deal and retires from bench; Trial 'would have been long, embarrassing and difficult for all involved,' defense attorney says": Mary Flood of The Houston Chronicle has this news update.

And The Associated Press reports that "Federal judge pleads guilty before start of trial."
Posted at 11:47 AM by Howard Bashman



"Court grants religious symbol case, five others": Lyle Denniston has this post at "SCOTUSblog."

You can access today's Order List of the Supreme Court of the United States at this link.

In addition to granting review in six cases, the Court also called for the views of the Solicitor General in two cases.

And Justice Antonin Scalia issued this dissent from the denial of certiorari in a case seeking to challenge the constitutionality of, and clarify the meaning of, "honest services" fraud under the federal mail and wire fraud statutes.

In early news coverage from The Associated Press, "Ginsburg in court after surgery"; "Court will rule in dispute over 8-foot cross"; "Court to rule on death sentence for neo-Nazi"; "Court rejects appeal from convicted Daley aides"; "Court rules against al-Qaida member, a US citizen"; "Court turns down utilities over mercury emissions"; "Court won't revisit Holocaust insurance settlement"; "Court turns down FTC in Rambus case"; and "Court won't revive Kentucky teen's lawsuit."
Posted at 10:12 AM by Howard Bashman



"W.R. Grace asbestos trial to open today; Md. firm, former managers charged in Mont. pollution and cover-up": This article appears today in The Baltimore Sun.

As I noted in this post from last week, The Missoulian is providing extensive local coverage of the trial.
Posted at 08:15 AM by Howard Bashman



"Supreme Court to tackle judicial conflict of interest; At issue in a West Virginia case is whether big spending on a judge's election can create an unconstitutional 'appearance of bias'": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:10 AM by Howard Bashman


"Justice Roberts's Portfolio: Why stock investments and Supreme Court service don't mix." The Washington Post contains this editorial today.
Posted at 08:07 AM by Howard Bashman


"A 'Ticking Time Bomb' Goes Off: When Abdallah Al-Ajmi Returned to Kuwait After Nearly Four Years at Guantanamo, His Family Tried to Get Him to Move On; But He Didn't Want to Let Go." This front page article appears today in The Washington Post.

The Kansas City Star reports today that "Future of Gitmo detainees raises many questions."

And The Los Angeles Times contains an editorial entitled "Free the Uighurs: It's time to untie the legal knot keeping 17 Chinese Muslim dissidents at Guantanamo."
Posted at 08:00 AM by Howard Bashman



"Justice for American Indians": The New York Times today contains an editorial that begins, "The federal government has a long history of cheating American Indians, and not all of this dirty dealing is in the distant past. On Monday, the Supreme Court hears arguments in a suit by the Navajo, who lost millions of dollars' worth of coal royalties because the government helped a coal company underpay for their coal. A lower court ruled for the Navajo Nation. The Supreme Court should affirm that well-reasoned decision."
Posted at 07:52 AM by Howard Bashman


In the March 2, 2009 issue of The New Yorker: Jeffrey Toobin has a "Comment" headlined "Voter, Beware: The Supreme Court takes on a civil-rights landmark."

And Lauren Collins has a "Talk of the Town" essay headlined "Gitmo Get-Together: Defense lawyers celebrate the order to close the Guantanamo Bay prison."
Posted at 07:35 AM by Howard Bashman



"Jury selection in Kent trial starts today; Federal judge's sex crimes case being watched nationwide": Mary Flood has this front page article today in The Houston Chronicle.

And today in The Wall Street Journal, Nathan Koppel reports that "Criminal Trial of U.S. Judge Set to Open."
Posted at 07:33 AM by Howard Bashman



"Obama And Terror Law: More Of The Same? Early Decisions By Obama Justice Dept. Seem To Follow Precedent Of Bush's Terror Policy." CBS News legal analyst Andrew Cohen has this new installment of his "CourtWatch" column.
Posted at 07:30 AM by Howard Bashman


"High Court returns after break; Ginsburg expected": The Associated Press has this report.
Posted at 07:28 AM by Howard Bashman



From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

LawBeat

Law News Now

Legalities

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek