How Appealing

Tuesday, February 28, 2006


"Justices Hear a Drama Straight From Tabloids": Wednesday's edition of The New York Times will contain this article.

Allen Pusey of The Dallas Morning News provides an update headlined "Anna Nicole fights for inheritance in Supreme Court; Ex-Playmate's been battling stepson for share of $1.6 billion."

Patty Reinert of The Houston Chronicle provides a news update headlined "Anna Nicole Smith draws crowd; Former Playboy Playmate finds sympathetic audience at Supreme Court."

Wednesday's edition of The Telegraph (UK) reports that "Playmate in court over will."

And E! Online reports that "Anna Nicole Earns Supreme Sympathy."
Posted at 11:58 PM by Howard Bashman




"Democrats feel vindicated that redistricting is going before Supreme Court; Bush appointee overruled Justice Department lawyers who thought redrawn Texas districts violated voting rights": This article will appear Wednesday in The Austin American-Statesman.

And The San Antonio Express-News provides an update headlined "U.S. Supreme Court to hold hearing on Texas redistricting."
Posted at 11:50 PM by Howard Bashman




"Extortion laws don't apply to abortion clinic protests, court rules": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 11:48 PM by Howard Bashman



"Vermont Campaign Limits Get Cool Reception at Court": Linda Greenhouse will have this article Wednesday in The New York Times.

And in Wednesday's edition of USA Today, Joan Biskupic will report that "High court questions Vermont's campaign finance law."
Posted at 11:45 PM by Howard Bashman




"CBS Sues Stern, Sirius Satellite; For Breach of Contract and Fraud": Wednesday's edition of The Wall Street Journal will contain this article (free access).

And The New York Times will report on Wednesday that "CBS Radio Sues Stern for Breach of Contract."

Perhaps this explains why I haven't mentioned more often that "How Appealing" will be hosted elsewhere effective April 20, 2006.
Posted at 11:40 PM by Howard Bashman




"Justices to Weigh Tax Breaks": This article will appear Wednesday in The New York Times.

And Patti Waldmeir of Financial Times reports that "Supreme Court to rule on state tax breaks."
Posted at 11:38 PM by Howard Bashman




"Anti-abortion activist celebrates ruling, sees Roe being overturned": The Chicago Tribune on Wednesday will contain an article that begins, "For 20 years, Joseph Scheidler has insisted that he and his fellow believers acted peaceably when they blockaded abortion clinics around the country. On Tuesday the tireless zealot won a victory in the U.S. Supreme Court, which ruled that, whatever his protests, they did not constitute extortion or racketeering under federal law."
Posted at 11:22 PM by Howard Bashman



Tony Mauro is reporting: Via law.com, you can access articles headlined "Supreme Court Rules Hobbs Act Doesn't Outlaw Anti-Abortion Violence; In another ruling, justices find joint venture pricing is not a per se violation of Sherman Act" and "High Court Questions Limits on Campaign Spending; During arguments in probate case, justices seem sympathetic to Anna Nicole Smith."
Posted at 11:18 PM by Howard Bashman



In Wednesday's edition of The Washington Post: Charles Lane will have a front page article headlined "Anna Nicole Smith's Supreme Fight; Justices Hear Celebrity's Bid for Cut of Late Husband's Riches."

And in other news, "Companies Contemplate Life Without BlackBerrys."
Posted at 11:14 PM by Howard Bashman




"Abortion Foes Win Dispute": Linda Greenhouse will have this article Wednesday in The New York Times.
Posted at 09:58 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Tenth Circuit: An opinion issued today begins, "This appeal relates to a three-year investigation of inmate abuse at the United States Penitentiary in Florence, Colorado ('USP-Florence'), that resulted in charges against ten former correctional officers for conspiracy and deprivation of inmates' constitutional rights in violation of 18 U.S.C. ยงยง 241 and 242."

And a separate ruling issued today begins, "Several supervisors at Southwest Airlines convinced two Albuquerque police officers to stage an arrest of Marcie Fuerschbach, a Southwest Airlines employee, as part of an elaborate prank that included actual handcuffing and apparent arrest. This was a 'joke gone bad,' and turned out to be anything but funny, as Fuerschbach allegedly suffered serious psychological injuries as a result of the prank."
Posted at 09:55 PM by Howard Bashman




Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Anna Nicole Smith Has Her Day in Supreme Court" featuring Nina Totenberg.

And today's broadcast of "Talk of the Nation" contained segments entitled "High Court Takes Up Vt. Election Law" (featuring David G. Savage) and "South Dakota Bill Renews Abortion Debate."

RealPlayer is required to launch these audio segments.
Posted at 09:05 PM by Howard Bashman




"Rack and Ruin: The Supreme Court considers Anna Nicole's surprisingly real claims." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:24 PM by Howard Bashman



"Ex-Playmate gets Supreme Court's ear; Anna Nicole Smith fights for right to sue for share of fortune": CNN.com provides this report.
Posted at 07:55 PM by Howard Bashman



"Supreme Court Welcomes Playboy Playmate": David G. Savage of The Los Angeles Times provides this news update.
Posted at 07:54 PM by Howard Bashman



"Justices question Vermont's restrictive campaign finance rules": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 07:50 PM by Howard Bashman



"Playmate's Date With Justice:Thousands march on Washington in support of Anna Nicole Smith." At Newsweek's web site, Andy Borowitz has an essay that begins, "As Anna Nicole Smith brought her claim for the fortune of her late husband, Texas billionaire J. Howard Marshall II, to the United States Supreme Court, a broad-based coalition of golddiggers and gigolos marched on Washington to show their support for the former Playboy playmate."
Posted at 06:00 PM by Howard Bashman



"Cox appeals ruling on Michigan's abortion law": The Associated Press provides a report that begins, "Attorney General Mike Cox filed a brief Monday backing his appeal of a ruling that declared a Michigan abortion law unconstitutional."
Posted at 05:55 PM by Howard Bashman



The U.S. Congress considers appeals to be more valuable than trial court litigation: As noted at the home page of the U.S. Court of Appeals for the Eleventh Circuit, effective April 9, 2006 the fee for initiating a proceeding in a U.S. Court of Appeals will increase from $250.00 to $450.00 (overlooking for the moment the additional district court fee of $5.00 for filing a notice of appeal).

However, the fee for filing a lawsuit in a U.S. District Court apparently will increase from $250.00 to only $350.00. You can thank the so-called Deficit Reduction Act of 2005 for these filing fee increases.
Posted at 05:18 PM by Howard Bashman




"High Court Backs Anti-Abortion Protestors": law.com's Tony Mauro provides this news update.
Posted at 05:11 PM by Howard Bashman



"New Florida Town Looks to Ban Abortions": The Associated Press provides a report that begins, "If Domino's Pizza founder Thomas S. Monaghan has his way, a new town being built in a quiet corner of southwest Florida will be governed by strict Catholic principles, particularly when it comes to sex."
Posted at 04:40 PM by Howard Bashman



"Animal-rights group on trial in attacks; A Phila. animal-rights group calls its tactics free speech; U.S. prosecutors say it incited violence": This quite interesting article appears today in The Philadelphia Inquirer.
Posted at 04:30 PM by Howard Bashman



"High court's hot potato: redistricting; A Texas case, argued Wednesday, could hand House seats to Democrats - or unleash more gerrymandering." Warren Richey will have this article in Wednesday's edition of The Christian Science Monitor.

And at his "Election Law" blog, Rick Hasen has a post titled "Thoughts on the Texas Redistricting Cases."
Posted at 04:11 PM by Howard Bashman




"Judge rejects Pa. gun-buying terms; Requiring prospective owners to provide their Social Security numbers violates the U.S. Privacy Act, the judge ruled": This article appears today in The Philadelphia Inquirer. You can access last Friday's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.
Posted at 04:02 PM by Howard Bashman



"South Dakota and Abortion": This lengthy segment (available in both RealPlayer and Windows Media formats) appeared on today's broadcast of the public radio program "On Point."
Posted at 03:24 PM by Howard Bashman



"High Court Rules Against Abortion Clinic": This segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on today's broadcast of the public radio program "Here & Now."
Posted at 03:22 PM by Howard Bashman



"Anna Nicole Smith's Supreme Effort": This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:20 PM by Howard Bashman



"The warning this opinion provides is that in order to further the purposes of the [Federal Arbitration Act] and to protect arbitration as a remedy we are ready, willing, and able to consider imposing sanctions in appropriate cases." A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today issued an opinion advising that the court is "exasperated by those who attempt to salvage arbitration losses through litigation that has no sound basis in the law applicable to arbitration awards" and that, in the future, those who resort to court after losing at arbitration likely will face sanctions in the absence of any valid basis for judicial relief.
Posted at 03:10 PM by Howard Bashman



"Mass murderer judged unfit for execution; George E. Banks, who killed 13 people in 1982, is 'a very mentally sick man,' the judge said": This article appears today in The Philadelphia Inquirer.

The Times Leader of Wilkes-Barre, Pennsylvania reports today that "Ruling puts execution in doubt; Judge says mass murderer does not understand his fate; Prosecutors vow to appeal."

And The Citizens Voice of Wilkes-Barre reports today that "Banks not mentally competent to be executed, judge decides."

This death row inmate is the same individual involved in Beard v. Banks, which in 2004 produced a 5-4 ruling from the U.S. Supreme Court.
Posted at 03:00 PM by Howard Bashman




Reuters is reporting: James Vicini reports that "Supreme court rules for anti-abortion groups."

And in other news, "US Court Rejects Shell, Texaco Venture Liability."
Posted at 02:45 PM by Howard Bashman




"Justices Weigh Vt. Campaign Spending Cap": The Associated Press provides this report.
Posted at 02:42 PM by Howard Bashman



"Vermont in trouble, Vickie Lynn in clover?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:10 PM by Howard Bashman



"Supreme Court Hears Ex-Playmate's Case": Gina Holland of The Associated Press provides a report that begins, "With an oil fortune on the line, former stripper Anna Nicole Smith encountered a sympathetic audience at the Supreme Court on Tuesday. Several justices said they were concerned that the one-time Playboy Playmate was kept from pursuing a piece of her late husband's fortune."
Posted at 12:58 PM by Howard Bashman



"State seeks bigger share of Newark woman's damages": The Arkansas Democrat-Gazette today contains an article that begins, "That Heidi Ahlborn had a claim for damages was clear before the shards of glass and metal from her car hit the pavement, her lawyer told the U.S. Supreme Court on Monday. But a decade after the Newark teenager's car crash, it remains to be seen how much of her $550,000 settlement she will get to keep. The Supreme Court heard arguments Monday in a case, Arkansas Department of Health and Human Services v. Ahlborn, that tests the ability of state agencies to be reimbursed for money they spend on patients under Medicaid, the health-care program for the poor."

And in other coverage, The Batesville Daily Guard-Record reports that "Attorney presents case to Supreme Court."
Posted at 12:55 PM by Howard Bashman




"Security for Judiciary is Top Priority; Acting Head of U.S. Marshals Outlines Plan": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:50 PM by Howard Bashman



See Anna Nicole Smith and Howard Stern arrive today at the U.S. Supreme Court: Via Yahoo! News, you can access the photos here.
Posted at 11:18 AM by Howard Bashman



"Could abortion law affect tourism? Both sides say yes." This article appears today in The Argus Leader of Sioux Falls, South Dakota.

Today's edition of USA Today contains an editorial entitled "Emboldened, abortion foes attack 'Roe' head-on; S.D. abortion ban also opens door to a broader assault on privacy" and an op-ed by Roger Hunt entitled "Our time has come: S.D. part of nationwide momentum to fight for rights of unborn babies."

And columnist Cal Thomas has an essay entitled "Swinging for the fences on abortion."
Posted at 10:50 AM by Howard Bashman




Rule #1 -- Bypass this court at your own risk: Earlier this month, the Foreign Intelligence Surveillance Court Rules of Procedure took effect.

In related news, The Pittsburgh Post-Gazette reports today that "Experts to discuss legality of domestic surveillance." More information about today's Senate Judiciary Committee hearing, and a link to live video, can be accessed here.
Posted at 10:28 AM by Howard Bashman




Today's U.S. Supreme Court opinions in argued cases: The Court today issued two opinions in argued cases. Because these cases were argued before Justice Samuel A. Alito, Jr. reached the Court, he did not participate in either decision.

1. Today's first ruling issued in the case of Scheidler v. National Organization for Women, Inc., No. 04-1244, and Justice Stephen G. Breyer delivered the opinion on behalf of a unanimous Court. You can access the syllabus here; Justice Breyer's opinion here; and the oral argument transcript here.

2. Today's second ruling issued in the case of Texaco Inc. v. Dagher, No. 04-805. Justice Clarence Thomas delivered the opinion on behalf of a unanimous Court. You can access the syllabus here; Justice Thomas's opinion here; and the oral argument transcript here.

In early press coverage, The Associated Press reports that "Supreme Court Backs Abortion Protesters" and "Supreme Court Throws Out Gas Prices Suit."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court limits Hobbs Act."
Posted at 10:04 AM by Howard Bashman




"Panel Weighs Opinions on Publishing Opinions": CalLaw.com's "Legal Pad" blog provides a post that begins, "A Supreme Court committee may be ready to nudge the judiciary to soften its long-held presumption that most appellate decisions should not be published. The Advisory Committee on Rules for Publication of Court of Appeal Opinions, chaired by Supreme Court Justice Kathryn Werdegar, asked for comments Thursday on whether the rule that discourages publication should be changed to advocate it if one of nine criteria is met."

The request for comments can be accessed here, while the proposed rule amendment and the form on which comments can be provided are available at this link.
Posted at 09:58 AM by Howard Bashman




"No activist, Supreme Court nominee says; In landmark review, top-court candidate says social agendas are for politicians": This article appears today in The Toronto Globe and Mail.

And The Toronto Star today contains articles headlined "Top court nominee hints at limited role; Rothstein faces historic hearing; Says judges must tread carefully" and "Rothstein hearing reinforces proven process."
Posted at 09:55 AM by Howard Bashman




"Ex-Playmate Smith Faces Supreme Court": Gina Holland of The Associated Press provides a report that begins, "Dressed in all black, former stripper turned weight-loss promoter Anna Nicole Smith fought her way through a throng of photographers and autograph-seekers Tuesday on her way to a Supreme Court showdown in her bid to inherit her late husband's fortune. Smith didn't say a word and didn't sign any autographs as she and a lawyer tried to slip into a side door of the court."
Posted at 09:50 AM by Howard Bashman



"Enron trial heats up; A former top accountant at the company's energy trading unit tells of uncertain accounting methods; ex-trader Tim Belden to testify next": CNNMoney.com provides this report.
Posted at 09:44 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Anna Nicole Smith Case Reaches Supreme Court" (featuring Nina Totenberg); "Vermont Challenges Link Between Speech and Spending"; and "Enron Trial Blog Gets the Story." RealPlayer is required to launch these audio segments.
Posted at 08:45 AM by Howard Bashman



"Justices to revisit remap; Court could toss out Texas' revised districts or uphold them": Patty Reinert has this article today in The Houston Chronicle.

And today in USA Today, Joan Biskupic and Jim Drinkard report that "Justices set for redistricting cases; Court considers Texas' revision of map after '02 GOP victories."
Posted at 07:28 AM by Howard Bashman




"Anna Nicole Smith to Face Supreme Court": Gina Holland of The Associated Press provides this report.

The Houston Chronicle today contains an editorial entitled "Make her go away! Like her trashy reality show, the Anna Nicole Smith legal saga has gotten stale and badly needs a finale."

And in USA Today, Law Professor Jonathan Turley has an op-ed that begins, "Lap dances, wills and -- you: Anna Nicole Smith gets her day in court today; Laugh all you want, but the former stripper's lawsuit could reshape the nation's probate law."
Posted at 07:25 AM by Howard Bashman




In news from Utah: The Salt Lake Tribune today contains an article headlined "Senate: Incestuous dad knows best; Lawmakers block exception from abortion consent bill."

And The Deseret Morning News reports today that "Abortion bill gets approval."
Posted at 07:22 AM by Howard Bashman




"Amid the abortion rifts, a history of court shifts": Columnist Peter S. Canellos has this essay today in The Boston Globe.
Posted at 07:18 AM by Howard Bashman



"Back in Class After Expulsion Over Paper": The New York Times contains this article today.
Posted at 07:12 AM by Howard Bashman



"Bill on evolution proves unfit to survive; House forces changes in Buttars' proposal, then fails to pass it anyway": This article appears today in The Salt Lake Tribune.

The Deseret Morning News reports today that "Amended evolution measure dies in Utah House."

And The New York Times reports that "Anti-Darwin Bill Fails in Utah."
Posted at 07:11 AM by Howard Bashman




"Enron Figures Tell How Results Were Manipulated": The New York Times contains this article today.

In The Houston Chronicle, Mary Flood reports today that "Shuffled funds made the balance, witness says."

And USA Today contains articles headlined "Witness: Enron used reserve funds to prop up earnings" and "Prosecutors lay foundation for testimony of star witness; They're building their case before Fastow takes stand."
Posted at 07:04 AM by Howard Bashman




"Court Blocks DOD's New Rules for Workers; Collective Bargaining Hurt, Judge Says": This front page article appears today in The Washington Post.
Posted at 06:50 AM by Howard Bashman



"Patriot Act E-Mail Searches Apply to Non-Terrorists, Judges Say": Josh Gerstein has this article today in The New York Sun.
Posted at 06:35 AM by Howard Bashman


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