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Thursday, March 31, 2005 On this date in "How Appealing" history: March 31, 2003 was not just the eve of April Fool's Day, but it was also the eve of oral arguments in the University of Michigan racial preferences in university admissions cases. I linked to local newspaper coverage previewing the cases in this post published two years ago today. One year ago today, the time difference between Australia and the east coast of the United States allowed me to link to an article published in The Courier-Mail of Brisbane, Queensland on April 1, 2004. As I explained here, that newspaper contained "an article headlined 'A judicial reprimand for himself.' The article begins, 'A judge who demanded to know the name of "the idiot" who granted bail to a serial burglar discovered yesterday he was talking about himself.'" Although the link I provided to the article is no longer functioning, other coverage of the story is available here and here. In Friday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Schiavo Dies, Ending Bitter Case Over Feeding Tube" and "A Collision of Disparate Forces May Be Reshaping U.S. Law." Posted at 10:58 PM by Howard Bashman What day is tomorrow? An article headlined "Green Bag Begins GMUSL Bobblehead Line; Parker, Krauss First Professors To Be Immortalized" begins, "George Mason Law School professor Ross Davies, Editor of the Green Bag Law Journal, announced today that, due to his frustration with the lack of humor in recent Supreme Court opinions, he is discontinuing the line of Supreme Court Justice bobblehead dolls, and replacing them with dolls based on the professors of Mason Law." Posted at 10:30 PM by Howard Bashman "Desperate times for Barnes Foundation?" This article, in which I am quoted, appears today in Main Line Life. Posted at 10:28 PM by Howard Bashman "GOP Goes on Judicial Offensive": FOXNews.com provides this report. Voice of America News reports that "Lawmakers Criticize Federal Judges on Schiavo Case." And The St. Petersburg Times offers an editorial entitled "Terri's legacy: Terri Schiavo died Thursday the victim of an ugly family dispute that robbed her of her right to privacy and to die with dignity." "DeLay Targets Legal System in Schiavo Case": The Associated Press reports here that "House Majority Leader Tom DeLay on Thursday blamed Terri Schiavo's death on what he contended was a failed legal system and he raised the possibility of trying to impeach some of the federal judges in the case." You can access today's "DeLay Statement on Terri Schiavo" at this link. Posted at 09:10 PM by Howard Bashman "The Terri Schiavo legacy: Her death Thursday ends a contentious battle, but ripple effects could persist in courts, Congress, and personal lives." Linda Feldmann and Warren Richey will have this article Friday in The Christian Science Monitor. Posted at 05:40 PM by Howard Bashman "Fred Korematsu Dies at Age 86": The Associated Press provides this report. Posted at 05:08 PM by Howard Bashman "Living will is the best revenge": Robert Friedman had this essay last Sunday in The St. Petersburg Times. Posted at 04:25 PM by Howard Bashman In news from Canada: The Toronto Globe and Mail provides a news update headlined "Top court curbs limits on English schooling." The article begins, "The Supreme Court of Canada has found Quebec's minority-language education laws constitutional, but ordered the province to be less stringent in barring access to English-language schools." The Supreme Court of Canada's two relevant rulings issued today can be accessed here and here. In North Carolina, living in sin equates to living in illegality: The News & Observer of Raleigh today contains an article headlined "Unwed partners surprised by law; 1805 statute is rarely enforced." Posted at 03:12 PM by Howard Bashman In news from New York State, "Court refuses to hear gay marriage case": The Associated Press reports here that "The state's highest court Thursday declined to hear two cases contesting the state law that bars same-sex couples from getting married." Posted at 03:08 PM by Howard Bashman Palestine Liberation Organization loses big in the U.S. Court of Appeals for the First Circuit: A unanimous three-judge panel of that court today issued an opinion that begins: This appeal raises exceptionally important questions of justiciability and sovereignty, emblematic of unsettled political conditions that have plagued the Middle East for many years. In it, the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) ask us to countermand the district court's refusal to dismiss the action against them. They contend that the case hinges on a nonjusticiable political question and that, at any rate, the defendants enjoy sovereign immunity. In the event that these arguments do not carry the day, the defendants seek vacation of two $116,000,000-plus default judgments, one entered against each of them, on the ground that they were entitled to a binding determination of sovereign immunity (including appellate review of any unfavorable decision) before being forced to bear the burdens of litigation.As the obscure words in the quoted passage suggest, the author of the opinion is Circuit Judge Bruce M. Selya. Posted at 02:45 PM by Howard Bashman "Court Expands Age Bias Claims For Work Force": Jess Bravin, who has begun covering the U.S. Supreme Court for The Wall Street Journal, has this article today in that newspaper. Posted at 02:34 PM by Howard Bashman "Fred Korematsu, 1919-2005; Oakland man's stand against camps led to U.S. apology to Japanese-Americans": This obituary appears today in The San Jose Mercury News. Posted at 02:04 PM by Howard Bashman Available online from The Associated Press: An article reports that "Schiavo Attorney Focuses on Right-To-Die." And a news analysis is headlined "GOP Agenda Vs. States' Rights." "Schiavo Case a Precursor to Battles Ahead": The Washington Post has recently posted online this news analysis by Dana Milbank. Milbank writes, "But on one thing, the two sides agree. The Schiavo dispute will have echoes, first in the effort to end Senate Democratic filibusters of Bush's appellate court nominees, and then the likely battle over a successor for ailing Chief Justice William Rehnquist." "It Is Ended: How the justice system failed Terri Schiavo, and us." William Anderson has this essay online today at The Weekly Standard. Posted at 11:34 AM by Howard Bashman "Dead Man, No Talking? Can the Supreme Court still rule on Johnnie Cochran's freedom-of-speech case?" Slate's explainer offers this response. Posted at 11:30 AM by Howard Bashman "Will the GOP need life support?" Glenn Harlan Reynolds has this interesting essay online at Salon.com. Posted at 11:23 AM by Howard Bashman "U.S. courts impact others": Parag Khanna and Fuad Rana have this op-ed today in The Miami Herald. The authors' bio states that Rana is currently clerking for a judge on the U.S. Court of Appeals for the Third Circuit. Posted at 10:38 AM by Howard Bashman "Stay on same-sex ruling to hold a year; Judge's action will prevent marriages during the appeals": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The judge who declared California's ban on same-sex marriage unconstitutional held his final hearing Wednesday and announced a stay that would prevent gay or lesbian couples from marrying during appeals expected to last at least a year." And in The Oakland Tribune, Josh Richman reports that "Gay-vows ruling approaches higher court; Judge will stay March 14 decision pending appeal." The Associated Press is reporting that Terri Schiavo has died: You can access The AP's report at this link. And CNN.com reports that "Terri Schiavo has died." Posted at 09:58 AM by Howard Bashman "Ads urge Hoosiers to lobby for filibusters": The Journal Gazette of Fort Wayne, Indiana today contains an article that begins, "Commercials on Fort Wayne’s three TV stations began airing Wednesday to urge Hoosiers to lobby Sen. Richard Lugar, R-Ind., to oppose a Republican plan to ban Senate filibusters of judicial nominees." Posted at 08:45 AM by Howard Bashman "Justices expand age-bias rights; Jackson Police officers' suit against city rejected, but requirements for older workers to allege discrimination eased": This article appears today in The Clarion-Ledger. In The New York Times, Linda Greenhouse reports that "Supreme Court Removes Hurdle to Suits Alleging Age Bias." In The Washington Post, Charles Lane reports that "Threshold Eased for Age-Bias Lawsuits; Claims Not Dependent On Employer Intent, Supreme Court Rules." In The Los Angeles Times, David G. Savage reports that "Justices Give Older Workers More Leeway in Alleging Bias." In USA Today, Joan Biskupic reports that "Justices rule for over-40 workers; Deliberate bias not a condition." The Washington Times reports that "High court affirms protections for older workers." And The Chicago Tribune reports that "Age-bias landscape shifts; Illinois among states affected by decision." Also, The Chicago Tribune's Jan Crawford Greenburg had this audio report (RealPlayer required) about the ruling on yesterday evening's broadcast of PBS's "The NewsHour with Jim Lehrer." "Federal Judge Condemns Intervention in Schiavo Case": The New York Times contains this article today. The Washington Post reports that "High Court Rejects Request by Schiavo's Parents; Justices Decline to Hear Case on Reinserting Feeding Tube Hours After Dismissal by Appeals Judge." USA Today reports that "Court rejects parents' potential 'last resort.'" The St. Petersburg Times today contains articles headlined "Schiavo judge, church part ways" and "For Schiavo, 'it's getting real late'; Jesse Jackson counsels the Schindlers to prepare for their daughter's death." The Tampa Tribune reports that "Judge Assails Schiavo Law." The Orlando Sentinel reports that "Schindlers' last appeal fails in U.S. high court; Schiavo's parents are turned down again." The Miami Herald reports that "Judge rebukes federal Schiavo efforts; A judge scolded President Bush and Congress as an appeals court and the U.S. Supreme Court rejected pleas from the parents of a weakening Terri Schiavo." The Los Angeles Times today contains an editorial entitled "Et Tu, Florida?" CBS News legal analyst Andrew Cohen has an essay entitled "Terri Schiavo & The Constitution." And FindLaw columnist Edward Lazarus has an essay entitled "Why Congress's Intervention Predictably Didn't Help the Schindlers: Putting Federal Judges In an Unfair Pressure Cooker In the Terri Schiavo Case." "Captives tell their side; From a Saudi with 24 siblings to a Libyan who admires Gandhi, the stories of once nameless Guantanamo detainees come alive in lawsuits in U.S. District Court": This article appears today in The Miami Herald. Posted at 06:58 AM by Howard Bashman "Inmate-transfer rules defended": Michael McGough of The Pittsburgh Post-Gazette today has an article that begins, "Ohio's Attorney General Jim Petro yesterday asked the U.S. Supreme Court to reverse two lower federal courts and uphold his state's procedures for transferring prisoners to a 'super-maximum-security' prison, where they endure long periods of solitary confinement and little opportunity for exercise." Posted at 06:40 AM by Howard Bashman Wednesday, March 30, 2005 "High Court Reviews 'Supermax' Prison Terms": The AP has this report on a case argued today at the U.S. Supreme Court. Posted at 11:32 PM by Howard Bashman BREAKING NEWS -- "High Court Rejects New Schiavo Request": Hope Yen of The Associated Press provides this report. Update: The Court's order can be viewed at this link. Posted at 11:24 PM by Howard Bashman "Divisive File-Sharing Issue Tackled by Supreme Court": David G. Savage has this article today in The Los Angeles Times. The Washington Post reports today that "Court Weighs File Sharing; Technology Advances vs. Copyrights in Grokster Case." In USA Today, Joan Biskupic reports that "File sharing goes to high court; No consensus apparent among justices." Jan Crawford Greenburg of The Chicago Tribune reports that "Court mulls downloading liability; Movie, music firms vs. software companies." She also discussed the case on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Michael McGough of The Pittsburgh Post-Gazette reports that "Supreme Court hears high-tech disputes; Justices reluctant to limit communication services." Luiza Ch. Savage of The New York Sun reports that "Justices Appear Wary of File-sharing Copyright Lawsuit." The Boston Globe reports that "Justices wrestle with file-swap issues; Court also considers whether cable firms must share Net access." The Washington Times reports that "Justices weigh innovation vs. copyright." The Houston Chronicle reports that "Justices ask about innovation; Court reviews peer-to-peer file-sharing case." And Wired News offers articles headlined "File Sharing Has Supreme Moment" and "Camping Out for the Grokster Case." On this date in "How Appealing" history: On March 30, 2003, a reader had the temerity to disagree with my assessment two days earlier that the amendments to the Federal Rules of Appellate Procedure scheduled to take effect December 1, 2003 appeared negligible. A quite funny reader, I might add. Posted at 11:10 PM by Howard Bashman "Hale puts faith in being own lawyer": Yesterday's issue of The Chicago Tribune contained an article that begins, "Jailed white supremacist Matthew Hale, scheduled to be sentenced next week for plotting to murder U.S. District Judge Joan Lefkow, said he was traumatized by his conviction 'to the point of self-destructive behavior.'" Posted at 10:55 PM by Howard Bashman Access online the stay request that Terri Schiavo's parents have filed this evening in the U.S. Supreme Court: It is available here, via "SCOTUSblog." Posted at 10:40 PM by Howard Bashman "FCC Ruling Limits Competition, ISP Tells Justices; Rival Companies' Access To Cable Lines Is at Issue": Charles Lane has this article today in The Washington Post. USA Today reports that "ISPs gain ground vs. cable Net providers." And Wired News has an article headlined "Will Cable Quell the Competition?" Available online from law.com: An article reports that "Bush's Nominees Likely to Put Stamp on Circuits; GOP judges may go from 60 percent to 85 percent." Tony Mauro has articles headlined "Supreme Court Widens Age Discrimination Protections" and "Cochran's Death Raises Questions for High Court Case." An article reports that "2nd Circuit Finds IDEA Allows Recovery of Expert Fees; Such expenses seen as 'reasonable costs.'" And in other news, "Court Powerless to Annul Same-Sex Marriage; Connecticut couple wed in Massachusetts never legally bound together." "Schindlers appeal to U.S. Supreme Court; Parents seek injunction to reinsert daughter's feeding tube": CNN.com provides this report. And The Atlanta Journal-Constitution reports that "Atlanta court rejects Schiavo parents' appeal." In news from Mississippi: The Clarion-Ledger provides a news update headlined "JPD officers' suit dismissed, but will make it easier for older workers to allege age discrimination." Today's edition of The Clarion-Ledger reports that "Ten Commandments display receives OK from senators." And The Associated Press reports that "Ten Commandments bill approved by House, sent to Barbour." "'Mr. Smith' joins filibuster fray; People for the American Way ad campaign targets uncommitted GOP senators in battle over Bush judicial nominees": Tom Curry, national affairs writer for MSNBC, has this report today, along with an article headlined "A Democratic dark horse poised to emerge; Feingold's Judiciary spot provides an '08 advantage." CBS News provides a report that asks "Is GOP Prepared To Go Nuclear?" The ad campaign that People For the American Way launched today can be viewed online in Windows Media format here (60-second spot) and here (30-second spot). The ads direct viewers to visit the web site savethefilibuster.org. In response to the ad campaign, Committee for Justice issued a press release entitled "PFAW's Phony Filibuster Ad." In related news, The Washington Post reports here today (second item) that CFJ's chairman, C. Boyden Gray, "is said to be in line to be named ambassador to the European Union," a job that's based in Brussels. And in commentary, The Bangor Daily News today contains an editorial entitled "Nukes in the Senate." The Knight Ridder Newspapers are reporting: Stephen Henderson reports that "Conservative judge blasts Bush, Congress for role in Schiavo case." And Frank Davies reports that "Finger-pointing begins over failure to prolong Schiavo's life." Posted at 08:14 PM by Howard Bashman "High Court: Age-Discrimination Suits Need Not Prove Intent." This evening's broadcast of NPR's "All Things Considered" included this segment featuring Nina Totenberg (RealPlayer required). Posted at 08:10 PM by Howard Bashman Plaintiffs whose lawsuit caused the U.S. Court of Appeals for the Third Circuit to conclude that the Solomon Amendment is unconstitutional have filed their brief in opposition to the federal government's petition for writ of certiorari: You can view the brief in opposition at this link. Also available online are the federal government's cert. petition and the Third Circuit's ruling. Posted at 06:15 PM by Howard Bashman "11th Circuit Denies Latest Schiavo Appeal; Judge Calls Congressional, Executive Intervention Unconstitutional": The Washington Post provides this news update. The New York Times offers a news update headlined "U.S. Appeals Court Refuses to Review Schiavo Case." The Miami Herald offers a news update headlined "Appeals court rebukes Congress, denies request by Schiavo's parents." And Reuters reports that "Court Rejects Schiavo Parents' Last-Ditch Appeal." Those looking for my "20 questions for the appellate judge" interview with Eleventh Circuit Judge Stanley F. Birch, Jr. -- the author of today's noteworthy opinion concurring in the denial of rehearing en banc -- will find the interview at this link. "Older workers get a new tool to fight age discrimination; A Supreme Court ruling Wednesday opens the door to lawsuits regarding age bias that may be unintentional": Warren Richey will have this article in Thursday's edition of The Christian Science Monitor. Posted at 05:55 PM by Howard Bashman "Age Discrimination Suits Broadened": Tony Mauro of law.com provides this news update. Posted at 05:50 PM by Howard Bashman "Federal Court Again Rejects Schiavo Appeal": The Associated Press provides this report. Posted at 03:40 PM by Howard Bashman BREAKING NEWS -- U.S. Court of Appeals for the Eleventh Circuit again denies rehearing in Terri Schiavo case: The order denying panel rehearing is here and the order denying rehearing en banc is here. The order denying rehearing en banc appears to contain several very interesting opinions concurring in and dissenting from the denial of en banc rehearing. In particular, Circuit Judge Stanley F. Birch, Jr. argues in an opinion concurring in the denial of rehearing en banc that the legislation Congress passed and President Bush signed into law applicable to Terri Schiavo's situation is unconstitutional. Again, however, only two judges note any dissent from the order denying rehearing en banc. Earlier, I linked here to the rehearing petition Ms. Schiavo's parents filed last night. The order denying rehearing en banc also notes that "Judge William H. Pryor Jr. did not participate in the consideration of the Petition because he is recovering from surgery performed on Monday, 28 March 2005." Best wishes to Judge Pryor for a prompt and complete recovery. Available online from National Public Radio: Today's broadcast of "Morning Edition" included a segment entitled "High Court: Title IX Law Protects Against Retaliation" featuring Nina Totenberg. And today's broadcast of "Day to Day" included a segment entitled "Slate's Dispatches: Age Discrimination" featuring Emily Bazelon. RealPlayer is required to launch these audio segments. "Supreme Court Upholds Reach of Age Bias Law": James Vicini of Reuters provides this report. Posted at 03:02 PM by Howard Bashman Perhaps the answer to "what they are like" is "nasty, brutish, and short": On Monday, Will Baude had a post at "Crescat Sententia" titled "The Axis of..." Will writes: In the course of procrastinating around on LEXIS I came across a D.C. Circuit opinion decided by the panel of Judge Robert Bork, Judge Ken Starr, and Judge Antonin Scalia. Now that I think about it, I had been dimly aware that all three were D.C. Circuit judges at about the same time, but I had never realized that they must have decided cases together. I now wonder how many there are, and what they are like.If Will needs help replacing the ellipsis in his blog post's title, Eugene Volokh provides some suggestions here. Posted at 02:55 PM by Howard Bashman "Path Eased for Age Discrimination Lawsuits; Justices say employers can be held liable even if they intended no harm": David G. Savage of The Los Angeles Times provides this news update. Posted at 02:40 PM by Howard Bashman U.S. Court of Appeals for the Seventh Circuit holds that University of Wisconsin Hospital does not possess sovereign immunity under the Eleventh Amendment: Circuit Judge Richard A. Posner wrote today's ruling, on behalf of a unanimous three-judge panel. Posted at 01:44 PM by Howard Bashman Looking on the bright side, at least he gets to keep the nickname: The Associated Press reports that "C-Murder Loses Murder Conviction Appeal." In other coverage, The Times-Picayune reports today that "C-Murder going to state's top court; Appeals court refuses to reconsider retrial." Posted at 01:40 PM by Howard Bashman I have just posted online the latest Eleventh Circuit filings made by Terri Schiavo's parents: With much thanks to a reader who forwarded these along, you can now access online both the motion for leave to file out-of-time a petition for rehearing en banc and the petition for rehearing en banc itself that Terri Schiavo's parents filed late yesterday in the U.S. Court of Appeals for the Eleventh Circuit. According to The Associated Press, the Eleventh Circuit has granted the motion for leave to file out-of-time, and thus the rehearing petition is now pending for a decision. Posted at 11:30 AM by Howard Bashman "When Ibid. Meets iPod": The Los Angeles Times today contains an editorial that begins: Even on a day when justices heard historic arguments on global online sharing of music files, let's agree it's hard to picture a U.S. Supreme Court member bouncing along to Gwen Stefani or Kanye West on an iPod. Lawrence Welk maybe, on an eight-track in a blimp-sized Buick. But to them, Ludacris is an obvious misspelling.You can access the complete editorial at this link. Posted at 10:52 AM by Howard Bashman Just in time for baseball season, suburban Philadelphia dentist's foul ball injury suit strikes out in Pennsylvania appellate court: The Commonwealth Court of Pennsylvania issued this opinion yesterday. Posted at 10:50 AM by Howard Bashman "U.S. court agrees to consider review of Schiavo case": Reuters provides this report on recent developments, which I have earlier mentioned here and here. Posted at 10:35 AM by Howard Bashman Today's U.S. Supreme Court opinions in argued cases: Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 03-1696. You can access the syllabus here, Justice Ginsburg's opinion here; and the oral argument transcript here. Justice Sandra Day O'Connor delivered the opinion of hte Court in Rhines v. Weber, No. 03-9046. You can access the syllabus here; Justice O'Connor's majority opinion here; Justice John Paul Stevens' concurring opinion here; Justice David H. Souter's opinion concurring in part and concurring in the judgment here; and the oral argument transcript here. Finally, Justice Stevens announced the judgment of the Court and delivered the opinion of the Court in part in Smith v. City of Jackson, No. 03-1160. You can access the syllabus here; Justice Stevens' opinion here; Justice Antonin Scalia's opinion concurring in part and concurring in the judgment here; Justice O'Connor's opinion concurring in the judgment here; and the oral argument transcript here. Chief Justice William H. Rehnquist did not take participate in the decision of this case. In early coverage, Hope Yen of The Associated Press reports that "Court Issues Age Discrimination Ruling." And Lyle Denniston of "SCOTUSblog" reports that "Older workers need not prove intentional bias." "Supreme Court to review procedures for 'supermax' prison assignments": The Associated Press provides this report on the lone case being argued today at the U.S. Supreme Court. In related supermax news, last week The AP reported that "Ohio will move death row; Shift to Youngstown meant to save money." And confinement in the federal government's most notorious supermax may have once been unexpectedly harmful to one's health -- due to second-hand cigarette smoke. The Rocky Mountain News reported on Saturday that "One inmate remains in SuperMax smoking suit." And The Denver Post reported last Friday that "Inmate litigation burns feds." The Terri Schiavo case and the perils of raising new arguments on rehearing in a U.S. Court of Appeals: Earlier this morning, I collected at this link news reports on a new development in Terri Schiavo's parents' appeal to the U.S. Court of Appeals for the Eleventh Circuit. As best I can glean from those news reports, the Eleventh Circuit has granted the request of Ms. Schiavo's parents to file a petition for rehearing after the deadline that had been established in the Eleventh Circuit's decision on the merits of the parents' second appeal. That deadline was "8:00 a.m. ET, March 26, 2005," as noted in footnote 4 on page 14 of that opinion. The Associated Press is reporting this morning that "In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law." If that is in fact a "new argument," as the press reports to which I linked earlier this morning are suggesting, the parents' request for rehearing may face an insurmountable procedural obstacle -- that new arguments cannot be raised on rehearing except in the rare event that they were unavailable before the ruling as to which rehearing is sought. Some may justifiably retort that surely a federal court would not strictly apply doctrines of waiver in a case of life and death. All that I can observe in response is that in the area of life and death that federal courts grapple with most commonly -- death penalty jurisprudence -- the waiver doctrine and other related procedural niceties are regularly applied to deny relief even on the eve of an inmate's execution. "Politician on court isn't a bad thing: When the Supreme Court has a vacancy, President Bush should appoint a justice with a political pedigree; Though the thought sounds heretical today, it makes more sense than ever." Paul A. Sracic has this op-ed today in USA Today. Posted at 07:32 AM by Howard Bashman "U.S. court seeks state tobacco law clarification; Result could affect verdicts in lawsuits by addicted smokers": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 07:30 AM by Howard Bashman "In Vermont, a Bid to Legalize Physician-Assisted Suicide": This article appears today in The New York Times. Posted at 07:28 AM by Howard Bashman "Gay marriage foes eye new petition; Push for total ban may aim for 2008": The Boston Globe contains this article today. Posted at 07:25 AM by Howard Bashman "2 Women Steal Fetus From Exhibit; The item was part of a display of preserved body parts at the California Science Center": This article appears today in The Los Angeles Times. Posted at 07:22 AM by Howard Bashman "High Court Supports Title IX Protection; Law Now Covers Whistle-Blowers": Charles Lane has this front page article today in The Washington Post. In The Los Angeles Times, David G. Savage reports that "High Court Expands Title IX Protections; In a 5-4 decision, justices rule the gender equity law should guard those seeking to enforce it." In USA Today, Joan Biskupic reports that "Supreme Court says Title IX protects whistleblowers; Ala. girls' coach lost job after complaining." In The Chicago Tribune, Jan Crawford Greenburg reports that "Supreme Court expands Title IX; Justices say the law shields whistle-blower." Jan also spoke about the case (RealPlayer required) on yesterday evening's PBS broadcast of "The NewsHour with Jim Lehrer." The Birmingham News today contains articles headlined "Court backs Ensley coach" and "Ruling for Ensley coach praised." In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court allows fired coach to sue under sex bias law." The Baltimore Sun reports that "Justices widen right to sue under Title IX; Court extends protections under gender equity law to those who blow whistle; A victory for women's advocates; Ala. coach complained of unequal girls facilities." The Salt Lake Tribune reports that "Court sides with Title IX watchdogs; Utah coaches, government at odds: The state opposes the ruling, which backs a whistle-blower." And today in The New York Times, George Vecsey has a "Sports of the Times" essay entitled "A High School Coach Blows the Whistle When Good Just Isn't Good Enough." "Unmarried woman challenges law; Fired because she lived with her boyfriend, she files suit to overturn state cohabitation ban": The News & Observer of Raleigh, North Carolina today contains an article that begins, "A Pender County dispatcher forced to quit her job last year after the sheriff discovered she had a live-in boyfriend is suing to overturn a N.C. law that makes living together a crime." Posted at 07:00 AM by Howard Bashman "Appeals Court to Consider Schiavo Request": The Associated Press reports here that "In a rare legal victory for Terri Schiavo's parents, a federal appeals court agreed to consider their request for a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube." CNN.com reports that "Schiavo parents file new court appeal; Lawyer asks federal court to examine evidence, not procedure." The Orlando Sentinel reports that "Schiavo's parents win ray of hope; Early today, a U.S. appeals court agreed to consider a petition for a new hearing." The Washington Post reports that "Schiavo's Parents File Late Appeal; Federal Court Is Asked to Rehear Petition to Reinsert Tube." USA Today reports that "Court to consider new Schiavo petition; Jesse Jackson speaks out against removal of tube." And The Washington Times reports that "Judge in Schiavo case faces death threats." Tuesday, March 29, 2005 On this date in "How Appealing" history: One year ago today, legal challenges to the federal partial birth abortion ban went to trial in three separate federal district courts across the country. My summaries of relevant news reports published that day can be viewed here and here. Also one year ago today, as I noted here, we learned that Madison County, Illinois resents its "judicial hellhole" label. And exactly two years ago today, National Public Radio's "All Things Considered" program aired a segment featuring Nina Totenberg entitled "McCain-Feingold Bill Languishes" (RealPlayer required). Somehow, this segment managed to elude my attention for a couple of days, but when I finally heard it I described it as "An astonishing breach of courthouse confidentiality." A transcript of the segment can be viewed here. "Ruling Could Halt Sony's PlayStation; A judge's order to stop selling the units is on hold while the company appeals a patent verdict": This article appears today in The Los Angeles Times. And The Washington Post today contains an article headlined "Pay Judgment Or Game Over, Sony Warned." Available online from law.com: An article is headlined "N.Y. Appeals Court: Telecommuter Must Pay Empire State Tax; Challenge to 'convenience of the employer' test fails." And in other news, "Calif. Court Balks at 25 Years for Sex Registration Failure." Last Friday's ruling of the California Court of Appeal for the Third Appellate District begins, "This case raises the question whether there is an offense so minor that it cannot trigger the imposition of a recidivist penalty without violating the cruel and/or unusual punishment prohibitions of the United States and California Constitutions." "Senators feeling pressure over judicial nominees": This article will appear Wednesday in The Minneapolis Star Tribune. Posted at 10:10 PM by Howard Bashman In Wednesday's edition of The New York Times: Linda Greenhouse will have articles headlined "Lively Debate as Justices Address File Sharing" and "Justices Say Gender Bias Law Guards Against Retaliation Too." The newspaper will contain an obituary headlined "Johnnie L. Cochran Jr., Trial Lawyer Defined by O.J. Simpson Case, Is Dead at 67" written by Adam Liptak. An obituary will bear the headline "Howell Heflin, Former Alabama Senator, Dies at 83." And in news pertaining to the war on terror, "Judge Limits the Transfer of 13 From Guantanamo"; "Yemeni Held in Guantanamo Was Seized in Cairo, Group Says"; and "Detainee's Suit Gains Support From Jet's Log." "Grok Around the Clock: Share those MP3s now—the Supreme Court may try to stop you soon." Emily Bazelon has this Supreme Court dispatch online at Slate. Posted at 09:14 PM by Howard Bashman The Knight Ridder Newspapers are reporting: Stephen Henderson has an article headlined "Title IX protects whistleblowers who report inequities, court rules." And The San Jose Mercury News provides a news update headlined "Court expresses concerns over stifling innovation in file-sharing case." "Judge Dread: The judiciary may end up the big losers in the Schiavo mess." Bert Brandenburg has this jurisprudence essay online at Slate. Posted at 07:25 PM by Howard Bashman "Whistleblowers Protected Under Title IX": Charles Lane of The Washington Post offers this news update. Posted at 07:24 PM by Howard Bashman "Justices Seem Responsive to Arguments on File Sharing": Linda Greenhouse of The New York Times provides this news update. Posted at 07:22 PM by Howard Bashman "Famed Attorney Johnnie L. Cochran Jr. Dies at 67": The Los Angeles Times provides this news update. And CNN.com reports that "Famed attorney Johnnie Cochran is dead at 67." Presumably this development will moot the free speech injunction case involving Cochran that was argued recently at the U.S. Supreme Court. More details about that case can be accessed via earlier posts here and here. law.com's Tony Mauro is reporting: He has news updates headlined "Supreme Court Pulled Both Ways in Grokster Case"; "Justices Bothered by FCC's Separation of Cable, Telecom"; and "High Court: Title IX Protects Whistleblowers." Posted at 06:08 PM by Howard Bashman "US Judge Bars Transfer of 13 Guantanamo Detainees": Reuters provides this report. Posted at 06:05 PM by Howard Bashman "High Court Weighs Online File-Sharing Case": Nina Totenberg had this report (RealPlayer required) on this evening's broadcast of NPR's "All Things Considered." Posted at 06:00 PM by Howard Bashman In Wednesday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "In case of a male coach, court adds teeth to gender-bias law; High court rules that Title IX, which shields girls' teams from discrimination, also protects whistleblowers from retaliation." And in other news, "Why Oregon is at the forefront of change on end-of-life care." Available online from c|net News.Com: John Borland reports that "Supreme Court takes hard look at P2P" and "Top court examines broadband competition." Posted at 05:15 PM by Howard Bashman The wire services are reporting: The Associated Press reports that "Justices Question Control of Cable Firms" and "Writers Settle With Databases for $18M." Reuters, meanwhile, reports that "Cable Spars Over Fast Internet Before Top Court" and "Freelance writers say $18 mln settlement reached." "Justices skeptical in song-swapping case; Justices ask if restricting file sharing could stifle innovation, yet question online downloading": CNN.com provides this report. Posted at 05:02 PM by Howard Bashman "Justices Hear Arguments in File Sharing Case": David G. Savage of The Los Angeles Times provides this news update. Posted at 04:20 PM by Howard Bashman U.S. District Court for the District of Columbia issues preliminary injunction blocking the transfer of thirteen detainees from Guantanamo: You can access today's opinion here and order here. I noted the temporary restraining order that had previously granted this same relief in posts that can be accessed here and here. Posted at 03:40 PM by Howard Bashman "Court conflicted over file-swapping": Lyle Denniston provides this report online at "SCOTUSblog." Posted at 03:37 PM by Howard Bashman On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: File-Sharing" (featuring Emily Bazelon) and "Slate's Jurisprudence: Gender Equity in School Sports" (featuring Dahlia Lithwick). RealPlayer is required to launch these audio segments. Posted at 03:32 PM by Howard Bashman "Top U.S. Court Weighs Internet File-Sharing Case": Reuters reports here that "Supreme Court justices questioned on Tuesday whether the recording industry's attempts to shut down online file-sharing networks would deter inventors from developing new products like Apple's iPod music player." Posted at 02:35 PM by Howard Bashman "Models Who Posed as Wife Beaters Sue NY Over Ads": Reuters provides this report. The New York Daily News reports today that "'Wife-beater' poster boys want ads pulled." And The New York Post reports that "Poster boys suing." Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: Today's most newsworthy ruling may be an order certifying to the Supreme Court of California two important questions in a tobacco product liability lawsuit. The questions are: (1) Under California law, can a plaintiff overcome the presumed awareness that he or she knows that smoking causes addiction and other health problems, and so show justifiable reliance? (2) Under California law, if a plaintiff seeks damages resulting from an addiction to tobacco, does an action for personal injury accrue when the plaintiff recognizes that he or she is addicted to tobacco, if the plaintiff has not yet been diagnosed with an injury stemming from tobacco use?Whether today's order turns out to be good news for injured smokers or the tobacco companies will depend on whether and how California's highest court answers these questions. For now, it is worth noting that the federal trial court whose decision is before the Ninth Circuit for review dismissed as untimely the claims of the injured smokers-plaintiffs. A second decision issued today also involves California, and the Ninth Circuit's opinion begins, "Persons whose stock was escheated to the state sued to get it back. The district court held that the Eleventh Amendment barred their claims. We disagree." At what point do nominal damages cease to be nominal? That question may be relevant in light of a third decision, in which the Ninth Circuit holds that "when nominal damages are awarded in a civil rights class action, every member of the class whose constitutional rights were violated is entitled to nominal damages." Finally, today's fourth noteworthy case begins with a tale of liver in the kitchen. The author of today's majority opinion in this habeas case, on remand from the U.S. Supreme Court, shouldn't be too hard to guess based on the following excerpt: "There may not be an intellectual or logical disconnect in that form of reasoning, but the Supreme Court has told us that, while the legal mind might be that daedalian (or would it say 'banausic'), no jury would be." If the past is any guide, the likelihood that the U.S. Supreme Court would use either of those terms is quite remote. A Westlaw search indicates that "banausic" has appeared once in a majority opinion, while "Daedalian" spelled with a capital D has appeared once in a dissent. "Schiavo Case Unexpectedly Unites Americans": Reuters reports here that "The Terri Schiavo case has had the unexpected effect of uniting most Americans, whether Republicans or Democrats, around a consensus that the government should stay out of families' life and death decisions." Posted at 12:50 PM by Howard Bashman The Associated Press is reporting: In news from the U.S. Supreme Court, "Supreme Court Weighs in on File-Sharing" and "Court: Tribes Can't Expand Holdings." And in news from New York State, "Court Rules Telecommuter Must Pay Taxes." Today's 4-3 ruling of the New York Court of Appeals -- that State's highest court -- can be accessed here. "Gov. Rendell Makes Good on Super Bowl Bet With a Song": This report wouldn't appear at first glance to qualify as appellate-related news, except that a judge serving on the U.S. Court of Appeals for the Third Circuit will accompany Pennsylvania Governor Edward G. Rendell in singing the national anthem at this Sunday's Sixers-Celtics game in Boston. Posted at 12:10 PM by Howard Bashman "Tribe vs. Ponnuru": National Review Online has today posted here an exchange of letters being published in that magazine's April 11, 2005 issue. Posted at 12:00 PM by Howard Bashman "Gender Equity Law Covers Retaliation-Supreme Court": James Vicini of Reuters provides this report. Posted at 11:32 AM by Howard Bashman The Los Angeles Angels of Anaheim, a city that is quite near Los Angeles in case you haven't noticed: The battle over the the new, quite odd name of the team formerly known as the Anaheim Angels was the subject of an oral argument in a state appellate court in California yesterday. The Orange County Register reports today that "Anaheim, Angels might try for settlement again; Judge urges a compromise on dispute over team name before ruling on appeal." And The Los Angeles Times reports that "Court Urges Anaheim, Angels to Negotiate; Hearing refers to a previous, off-the-record meeting between Moreno and the city's mayor that got nowhere." "'Non-Traditional' Parent Earns Visitation Victory; Lesbian Status Doesn't Alter Result": Today in The Legal Intelligencer, Melissa Nann Burke has an article (subscription required) that begins, "A lesbian cannot be denied the legal right to visit the daughter she helped raise with her former partner on the basis of speculation that ongoing animosity between the separated women would 'damage' the 11-year-old, a state appeals court ruled yesterday." You can access yesterday's ruling of the Superior Court of Pennsylvania at this link. Posted at 10:50 AM by Howard Bashman The Associated Press is reporting: An article headlined "Lawmakers Urged to Rename BWI Airport" begins, "The widow of Thurgood Marshall joined those urging lawmakers to rename Baltimore-Washington Airport in honor of her husband, the nation's first black Supreme Court justice." And in other news, "Calif. Corrections Spend $1.27M on Comatose Imates." "High court may duck hot issue; Bush's actions could push the Mexican nationals' case back to state judges": Michael Doyle has this article today in The Sacramento Bee. Posted at 10:35 AM by Howard Bashman Today's U.S. Supreme Court opinions in argued cases: Justice Sandra Day O'Connor delivered the Court's opinion in Jackson v. Birmingham Bd. of Ed., No. 02-1672, which the Court decided by a 5-4 margin. You can access the syllabus here; Justice O'Connor's majority opinion here; Justice Clarence Thomas's dissenting opinion here; and the oral argument transcript here. Justice Ruth Bader Ginsburg delivered the Court's opinion in City of Sherrill v. Oneida Indian Nation of N.Y., No. 03-855. You can access the syllabus here; Justice Ginsburg's majority opinion here; Justice David H. Souter's concurring opinion here; Justice John Paul Stevens' dissenting opinion here; and the oral argument transcript here. In early press coverage, Hope Yen of The Associated Press has a report headlined "Court: Title IX Protects Whistleblowers." On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Supreme Court Hears Copyright, File-Sharing Case" (featuring Nina Totenberg) and "High Court Case May Provide More ISP Options." Posted at 09:25 AM by Howard Bashman In news from Colorado: The Rocky Mountain News today contains articles headlined "State justices overturn killer's death sentence; Robert Harlan faces life in prison because jurors consulted Bible" and "Juror quoted 'an eye for an eye.'" The Denver Post, meanwhile, reports that "Jury's use of Bible voids death sentence." In other news, The Denver Post today contains articles headlined "Lisl Auman wins new trial"; "Emotions run: joy and hope for some, pain for others"; and "Ruling positive, Denver DA says; Felony-murder law retained." And columnist Diane Carman has an essay entitled "Auman ruling won't change absurd law." The Rocky Mountain News, meanwhile, contains articles headlined "High court: New trial for Auman; Justices keep statute, toss conviction over instructions to jury"; "After ruling, mom sheds long-awaited tears of joy; Elated family already making plans for once-hopeless future"; and "Plea deal would avoid new trial; Discussing possibility would be premature, district attorney says." "Judges Say Overhaul Would Weaken Bankruptcy System": The Los Angeles Times contains this article today. The article includes a quote from Fifth Circuit Judge Edith H. Jones, whom the article describes as "widely believed to be seen as on President Bush's short list for a position on the Supreme Court." Posted at 08:14 AM by Howard Bashman "Walking in the Opposition's Shoes": The lead editorial in The New York Times today begins, "The Senate will return from Easter vacation with nuclear options on its mind. Republicans seem determined to change the rules so Democrats will no longer be able to stop judicial nominations with the threat of a filibuster." Posted at 08:10 AM by Howard Bashman "A case for independent courts": This editorial appears today in The Baltimore Sun. And today in The Oregonian, columnist Robert Landauer has an essay entitled "50% + 1 not always ample majority." "File-sharing free-for-all; Top court to hear entertainment industry argue 2 cyber-share ventures foment copyright violations": Newsday contains this article today. The Boston Globe reports that "Court to decide fate of file-swap software; Case could have far-reaching effects in the era of iPod and TiVo." The Pittsburgh Post-Gazette reports that "File-sharing battle continues before justices." The Denver Post reports that "Tech industry all eyes, ears." The New York Sun contains an article headlined "Mediating the File-Sharing Wars." The Toronto Globe and Mail reports that "Cuban goes courtside in copyright battle with music industry." The Dallas Morning News reports that "Cuban glad to step in; Movie studios actually want technology to win court case, he says." And The Los Angeles Times contains an editorial entitled "California's Civil War." "U.S. Jurist Bars Yale Students As Law Clerks; Restrictions On Military Anger A '52 Alumnus": This article appeared Saturday in The Hartford Courant. Posted at 07:04 AM by Howard Bashman "And dust for all at Supreme Court; After 70 years, our nation's marbled temple of law receives major makeover": Joan Biskupic has this article today in USA Today. Posted at 07:02 AM by Howard Bashman "Supreme Court to hear high-speed Internet case; Cable companies may have to open networks": This article appears today in The Baltimore Sun. Posted at 07:00 AM by Howard Bashman "Media can be sued for report of others' libel": Today in The Pittsburgh Post-Gazette, Michael McGough has this article. Posted at 06:50 AM by Howard Bashman "Girls' killer had his day in court, state says; Appeal claims U.S. did not follow rules of '63 treaty": This article appears today in The Houston Chronicle, along with an article headlined "Reviews give hope to Mexicans on death row; Possible violation of right to local consular notification may lighten sentences." David G. Savage of The Los Angeles Times reports that "Justices May Sidestep Death Row Decision; A World Court ruling and a surprise order by Bush complicate the cases of 51 Mexican nationals sentenced to die in several states." Michael McGough of The Pittsburgh Post-Gazette reports that "High court case tinged by foreign policy." And The Washington Times reports that "Court told to ignore global issues in case." "Justices to review death penalty retrial order; Prosecutors also get break in similar case before Ninth Circuit": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 06:42 AM by Howard Bashman Monday, March 28, 2005 "Keller resigns from Supreme Court": The Lexington Herald-Leader provides a news update that begins, "Kentucky Supreme Court Justice James E. Keller of Lexington, known for his work in establishing drug courts in the state, will step down from the bench, effective May 31." Posted at 11:28 PM by Howard Bashman "Colorado Court Bars Execution Because Jurors Consulted Bible": This article will appear Tuesday in The New York Times. Posted at 11:25 PM by Howard Bashman In Tuesday's edition of The Washington Post: Charles Lane will have an article headlined "Justices Consider Rights of Foreigners; Power of International Court at Issue." A profile of former Fourth Circuit nominee Claude A. Allen will bear the headline "Bush's Domestic Adviser Is 'a Jack of All Trades.'" And in other news, "Where Age And Power Go Together: Washington Accepts Elderly Leaders." "High court hears Houston death case; Justices grapple with foreigners' rights, constitutional issues": Allen Pusey will have this article Tuesday in The Dallas Morning News. Posted at 11:05 PM by Howard Bashman "Bush Decision to Comply With World Court Complicates Case of Mexican on Death Row": Linda Greenhouse will have this article Tuesday in The New York Times. Posted at 09:55 PM by Howard Bashman "Supreme Court Won't Rule on 'Neutral Reporting Privilege'": David G. Savage of The Los Angeles Times provides this news update. Posted at 08:40 PM by Howard Bashman The Associated Press is reporting: In news pertaining to the U.S. Supreme Court, "Court hears housing dispute between San Francisco, historic hotel" and "Supreme Court declines to hear appeal in child porn case against former Calif. judge." And in other news, "Judge: Moussaoui Trial Date to Be Set Soon." Today's order of the U.S. District Court for the Eastern District of Virginia can be accessed here. On this date in "How Appealing" history: One year ago today, I had a post titled "Tonight's broadcast of '60 Minutes' will contain an interview with Fifth Circuit recess appointee Judge Charles W. Pickering, Sr." A transcript of that "60 Minutes" segment remains available online at this link, while Judge Pickering himself no longer remains on the Fifth Circuit because his recess appointment expired last December. Also one year ago today, I linked here to an article published that day in The Detroit News headlined "Bush likely to opt for court nominee with Federalist ties; Right-wing legal society grows in political clout since 1982 inception." The concluding sentence of that article states, "Court watchers consider [Jeffrey S.] Sutton, who now serves on the Cincinnati-based 6th U.S. Circuit Court of Appeals, as Supreme Court material." "KC man sentenced for threats to federal judge": The Associated Press provides this report from Kansas City, Missouri. And online at The Village Voice today, James Ridgeway has an essay entitled "Schiavo Judge Has Reason to Fear: Armed guards, dead flowers, and not very Christian-sounding e-mail." Playing the role of Dahlia Lithwick in this evening's performance is Emily Bazelon: Online at Slate this evening, Emily Bazelon has a Supreme Court dispatch headlined "You Picked a Fine Time To Leave Me: President Bush ditches Texas in front of the Supreme Court" that begins, "Let's start with the obvious: I'm not Dahlia Lithwick. To Dahlia's devotees--and you are legion--who are thinking of me as Kirstie Alley on Cheers, or the subbed-in Luke on the Dukes of Hazzard, well, sorry about that. But think about it this way: It's not as if Slate has killed Dahlia off. She'd just rather not give birth to her new baby in court. So, until she comes back, skinnier if not well-rested, I'll be keeping an eye on her nine other babies." Posted at 07:11 PM by Howard Bashman "Court hears arguments on foreigners' rights in death-penalty cases": The Fort Worth Star-Telegram provides this news update. Posted at 07:05 PM by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Supreme Court to Hear Arguments on File Sharing." And today's broadcast of "Day to Day" included segments entitled "Echoes of Earlier Right-to-Die Battle in Schiavo Case" and "Mass Injury Diagnosis in Personal-Injury Lawsuits." RealPlayer is required to launch these audio segments. "Chief Justice Rehnquist Returns to Bench": The Associated Press reports here that "Chief Justice William H. Rehnquist, ailing with thyroid cancer, went to the hospital over the weekend after experiencing breathing problems but returned to the bench Monday." Posted at 06:02 PM by Howard Bashman "Online Music Case Outcome Rests on VCR Technology": Reuters provides this report. Posted at 06:00 PM by Howard Bashman "High court shows Pryor restraint": The Birmingham News today contains an editorial that begins, "Even the U.S. Supreme Court won't consider removing former Alabama Attorney General Bill Pryor from the 11th U.S. Circuit Court of Appeals. Why doesn't the U.S. Senate simply carry out its responsibility and vote Pryor's nomination up or down?" Posted at 05:40 PM by Howard Bashman "Supreme Showdown for P2P's Future": Wired News provides this report. Posted at 05:35 PM by Howard Bashman "Imagine Terri Were a Toaster... An economist considers the Schiavo case." Steven E. Landsburg today has this everyday economics essay online at Slate. What I have yet to see -- perhaps because I'm not looking in the right places -- is anyone who has remarked on all the good that could have been accomplished had the money and resources consumed by the U.S. Congress and President Bush in passing and signing the federal law applicable to Terri Schiavo's case -- a law that proved to be of no help to those seeking to keep Ms. Schiavo alive -- been used instead to assist those in need whose lives that money could have saved or improved substantially for the better. What was the price tag for the Schiavo law, and how might that money been used instead actually to save or improve the lives of others in need? Enquiring minds want to know. "Justices Find Medellin Case a Muddle": law.com's Tony Mauro provides this news update. Posted at 05:02 PM by Howard Bashman Corante launches "Between Lawyers" blog: You may recognize many of the contributors to this new blog. Posted at 04:40 PM by Howard Bashman "The war over downloading: The debate over Internet piracy has raged for years; Now the Supreme Court is about to weigh in." CNN/Money provides this report. Posted at 04:33 PM by Howard Bashman "Bible Reading Thwarts Colo. Murder Case": The Associated Press reports |