How Appealing

Wednesday, April 18, 2007

"Ruling to Shift Abortion Fight; Focus Moves to States As Supreme Court Backs A 'Partial Birth' Ban": Jess Bravin will have this article (pass-through link) Thursday in The Wall Street Journal.
Posted at 11:58 PM by Howard Bashman

"High Court Upholds Curb on Abortion; 5-4 Vote Affirms Ban on 'Partial-Birth' Procedure": Robert Barnes will have this front page article Thursday in The Washington Post.

And The New York Times on Thursday will report that "Court Ruling Catapults Abortion Back Into '08 Race."
Posted at 11:10 PM by Howard Bashman

"In Reversal, Justices Back Ban on Method of Abortion": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 08:57 PM by Howard Bashman

"Legal victory for abortion opponents": Patti Waldmeir will have this article Thursday in Financial Times.
Posted at 08:35 PM by Howard Bashman

"I expect that the Supreme Court will uphold the constitutionality of this federal law by a vote of 5–4, and in the aftermath of such a ruling states too will be free to ban the procedure by enacting similarly worded statutes." That was the final sentence of my "On Appeal" column headlined "Congress Puts 'Partial-Birth' Abortion Back on the Supreme Court's Agenda," which posted online on February 27, 2006. I guess this proves that I don't shy away from predicting the outcomes of cases whose outcomes are easy to predict.
Posted at 08:30 PM by Howard Bashman

"Gonzales v. Carhart -- Three Comments": At "Balkinization," Jack M. Balkin has this post. And Michael Stokes Paulsen has a post titled "The Pernicious Doctrine of Stare Decisis."

At "Dorf on Law," Michael C. Dorf has a post titled "Supreme Court Partial Birth Abortion Ruling."

And at "Eminent Domain" you can access a post titled "Why the Concurrence Says More than the Majority."
Posted at 08:20 PM by Howard Bashman

"Court Upholds Nationwide Ban of Partial-Birth Abortions; Abortion-Rights Advocates Worry Decision Could Signal Shift in Court's Support of Roe": Jan Crawford Greenburg and Ariane deVogue have this written report online at
Posted at 08:10 PM by Howard Bashman

"Father Knows Best: Dr. Kennedy's magic prescription for indecisive women." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:05 PM by Howard Bashman

"High court upholds first federal ban on late-term abortions": Bob Egelko of The San Francisco Chronicle provides this news update.
Posted at 07:22 PM by Howard Bashman

"Analysis: Kennedy's Pivotal Vote." Gina Holland of The Associated Press provides this report.
Posted at 06:10 PM by Howard Bashman

"2003 Abortion Law Upheld by Supreme Court": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:08 PM by Howard Bashman

"High Court Upholds Ban on Abortion Procedure": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:00 PM by Howard Bashman

"Commentary: Some consequences of Carhart II." Lyle Denniston has this post at "SCOTUSblog" on what to expect in the aftermath of today's partial-birth abortion ruling.
Posted at 04:44 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Panetti v. Quarterman, No. 06-6407: The transcript can be accessed here.
Posted at 04:40 PM by Howard Bashman

"Abortion Ruling Will Impact States": The Associated Press provides this report.
Posted at 04:20 PM by Howard Bashman

"Microsoft Settles Iowa Lawsuit": The Associated Press provides a report that begins, "Microsoft Corp. agreed Wednesday to pay Iowans up to $180 million to settle a class-action lawsuit that claimed the company had a monopoly that cost the state's citizens millions of dollars extra for software products."
Posted at 03:42 PM by Howard Bashman

"High Court Upholds Ban On Partial-Birth Abortions":'s Tony Mauro provides this report.
Posted at 03:27 PM by Howard Bashman

The "Sentencing Law and Policy" blog examines today's interesting U.S. Supreme Court ruling in James v. United States, No. 05-9264: Law Professor Doug Berman has posts titled "A few quick reactions to James" and "When Justice Scalia sounds like Justice Brennan."
Posted at 03:10 PM by Howard Bashman

Today's rulings of note from the U.S. Court of Appeals for the Federal Circuit: Are you curious about how the brakes work on amusement park rides such as rollercoasters or drop towers? If so, read this opinion, and you may learn a thing or two.

In a second ruling issued today, a three-judge panel divides over a vexing question that recurs far too frequently: How to distinguish between a litigant who is just crazy enough to proceed without an attorney and a litigant who is too crazy to be allowed to proceed without an attorney.
Posted at 03:04 PM by Howard Bashman

Proving, once again, that the devil is in the details: If the case settled in the trial court, what is it doing on appeal? As this decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today demonstrates, sometimes opposing parties agree to settle a litigated matter but then fail to agree over what the written settlement agreement should or should not say. In that event, the litigation over whether a settlement was in fact reached and, if so, what its material terms are can give rise to a dispute as contentious as the original dispute that the settlement was intended to resolve.
Posted at 02:52 PM by Howard Bashman

"US Supreme Court allows late-term abortion ban; The 5-to-4 ruling reverses a 2000 decision that struck down a ban on so-called 'partial-birth' abortion": Warren Richey will have this article Thursday in The Christian Science Monitor.

And Joan Biskupic of USA Today provides a news update headlined "Court backs abortion ban."
Posted at 02:32 PM by Howard Bashman

"High Court Upholds Ban on Abortion Procedure": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 02:30 PM by Howard Bashman

"High Court Blocks State Power Over Some Lenders": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 02:25 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Tennessee Secondary School Athletic Assn. v. Brentwood Academy, No. 06-427: The transcript can be accessed here.

In coverage of the oral argument, The Associated Press reports that "Court Considers Football Recruiting Case."
Posted at 02:20 PM by Howard Bashman

"Abortion ruling marks a 1st for high court": David G. Savage of The Los Angeles Times provides this news update.

William Branigin and Robert Barnes of The Washington Post provide a news update headlined "Court Backs Ban on Abortion Procedure."

Bill Mears of reports that "Justices uphold ban on abortion procedure."

And The Associated Press reports that "GOP Candidates Praise Abortion Ruling."
Posted at 02:10 PM by Howard Bashman

"High Court Upholds Partial Birth Abortion Act": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:24 PM by Howard Bashman

"Court OKs 'Seven Aphorisms' in park; Summum faith can erect monuments in Pleasant Grove and Duchesne": The Salt Lake Tribune today contains an article that begins, "A federal appeals court ruled Tuesday that followers of the Summum faith can display their Seven Aphorisms in Duchesne and Pleasant Grove city parks, which already hold monuments of the Ten Commandments. The 10th U.S. Circuit Court of Appeals noted that the parks are public forums, and restrictions on speech based solely on its content are forbidden except in narrow circumstances. The two decisions overturned rulings by U.S. District Judge Dee Benson that blocked Summum's proposed monuments. In the Pleasant Grove case, the court said requiring the city to permit display of Summum's tenets will further free speech."

My earlier coverage of yesterday's Tenth Circuit rulings, including links to both rulings, can be accessed here.
Posted at 12:20 PM by Howard Bashman

"Two women convicted of murdering husbands could be freed": The St. Louis Post-Dispatch today contains an article that begins, "After 29 years behind bars for the murder of her husband, Shirley Lute will be a free woman soon. And Lynda Branch, an inmate for the murder of her husband in 1986, might follow her out the prison doors. That's the effect of a decision Tuesday by the Missouri Supreme Court that seeks to resolve a conflict between the powers of the governor and the independent Missouri Board of Probation and Parole."

And The Columbia Missourian reports today that "Court rules in favor of inmates; Women convicted of murdering their abusive husbands get parole hearings."

You can access yesterday's ruling of the Supreme Court of Missouri at this link.
Posted at 12:11 PM by Howard Bashman

"Supreme Court upholds law banning some abortions": James Vicini of Reuters provides this report.

And Greg Stohr of Bloomberg News reports that "'Partial Birth' Abortion Ban Upheld by Top U.S. Court."
Posted at 11:32 AM by Howard Bashman

"Enlightened Despot: Israel's leading jurist gives new meaning to 'activist judge.'" Seventh Circuit Judge Richard A. Posner has this interesting review (pass-through link) of the book "The Judge in a Democracy" by Aharon Barak in the April 23, 2007 issue of The New Republic.
Posted at 11:02 AM by Howard Bashman

"Harriet Miers to Return to Locke Liddell & Sapp": Texas Lawyer today contains an article that begins, "Former White House Counsel Harriet Miers will return to Locke Liddell & Sapp, the firm she formerly co-managed, on May 1 as a partner."
Posted at 10:54 AM by Howard Bashman

Access online today's U.S. Supreme Court ruling in the partial-birth abortion ban cases: You can access the decision at this link. Justice Anthony M. Kennedy delivered the opinion of the Court, in which the Chief Justice and Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice Thomas also filed a concurring opinion in which Justice Scalia joined. Justice Ruth Bader Ginsburg wrote a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined.

Although the cases were argued separately (access the oral argument transcripts here and here), the Court disposed of the cases by means of a single opinion.

In his concurrence, Justice Thomas states: "I write separately to reiterate my view that the Court's abortion jurisprudence, including Casey and Roe v. Wade, 410 U. S. 113 (1973), has no basis in the Constitution." It is worth noting that the Court's two newest Justices -- the Chief Justice and Justice Alito -- did not join in Justice Thomas's concurring opinion.
Posted at 10:32 AM by Howard Bashman

Access online today's U.S. Supreme Court ruling in James v. United States, No. 05-9264: The Court has posted the decision online at this link.

And in early news coverage, The Associated Press reports that "Court Says Burglary Extends Sentence."
Posted at 10:22 AM by Howard Bashman

BREAKING NEWS -- "Supreme Court OKs Abortion Procedure Ban": The Associated Press provides a report that begins, "The Supreme Court upheld the nationwide ban on a disputed abortion procedure Wednesday, handing abortion opponents the long-awaited victory they expected from a more conservative bench."
Posted at 10:08 AM by Howard Bashman

"Court upholds federal abortion ban": At "SCOTUSblog," Lyle Denniston has a post that begins, "Dividing 5-4, the Supreme Court on Wednesday gave a sweeping victory to the federal government and to other opponents of abortion, upholding the 1993 law that banned what are often called 'partial-birth abortions.' Justice Anthony M. Kennedy wrote for the majority in the first-ever decision by the Court to uphold a total ban on a specific abortion procedure."

In addition, the Court also announced its ruling in James v. United States, No. 05-9264. You can access the oral argument transcript at this link.
Posted at 10:04 AM by Howard Bashman

"Justices Weigh Mental Illness, Death Penalty": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:58 AM by Howard Bashman

"0-for-2: Linda Greenhouse gets both Rehnquist and Roberts wrong." Adam J. White has this essay online today at The Weekly Standard.
Posted at 08:45 AM by Howard Bashman

"Judge upholds ban on anti-gay T-shirts": The Chicago Sun-Times today contains an article that begins, "A federal judge on Tuesday upheld a Naperville high school's decision to ban 'Be Happy, Not Gay' T-shirts."

And The Chicago Tribune reports today that "Judge OKs school ban of anti-gay T-shirt."

I have posted online at this link yesterday's 31-page ruling of the U.S. District Court for the Northern District of Illinois.
Posted at 08:40 AM by Howard Bashman

"Immunity for Ex-Gonzales Aide Weighed; Potential Witness's Role in Firings Cited": This article appears today in The Washington Post.

And McClatchy Newspapers report that "White House seeks to review GOP e-mails."
Posted at 08:27 AM by Howard Bashman

"U.S. Supreme Court to consider mental illness in case of Texas inmate; At issue is whether man convicted of killing in-laws should be spared because he cannot grasp that execution is penalty for his crime": The Austin American-Statesman contains this article today.
Posted at 08:23 AM by Howard Bashman

"Worker retaliation can be 'hostile': The Supreme Court was wrong to pass up an opportunity to let a whistle-blower sue." This editorial appears today in The Los Angeles Times.
Posted at 08:15 AM by Howard Bashman

"Supreme Court rules states can't regulate subsidiaries of national banks": Joan Biskupic has this article today in USA Today.

The Los Angeles Times reports today that "Subsidiaries exempt from state control; The Supreme Court says oversight of units of national banks, like their parents, belongs to a federal agency."

And The Charlotte Observer reports today that "Supreme Court rules for Wachovia; National bank subsidiaries under federal watch."
Posted at 08:14 AM by Howard Bashman

"Potential Padilla jurors admit bias; Many cite 9/11, saying they would struggle to treat a Muslim impartially in a terrorism trial": The Los Angeles Times contains this article today.
Posted at 08:09 AM by Howard Bashman

"Neulander appeals come to an end; The state Supreme Court refused to review the former rabbi's conviction": This article appears today in The Philadelphia Inquirer.

And The Cherry Hill (N.J.) Courier-Post reports today that "Neulander's appeal rejected."
Posted at 08:05 AM by Howard Bashman

"Judges Hear Arguments In Pat-Down Case": The Tampa Tribune today contains an article that begins, "When a high school civics teacher allowed security guards to search him with a quick pat-down at three Tampa Bay Buccaneers games, did he waive his constitutional right protecting him from unreasonable searches? In two previous courtrooms, a state judge and a federal judge focused on whether pat-down searches of ticket holders at Raymond James Stadium were a violation of the state and U.S. constitutions. In both cases, the judges issued injunctions that now ban the physical searches at Bucs games. The Tampa Sports Authority, with funding from the National Football League, took the case to a federal appeals court. In Miami on Tuesday, a three-judge panel of the 11th Circuit U.S. Court of Appeals focused on whether the Tampa Sports Authority, the government body that runs the stadium, had a contractual right to refuse ticket holders entrance to the stadium if they declined to be searched."
Posted at 07:58 AM by Howard Bashman

"Appeals court rules Posada should be freed on bond": The El Paso Times today contains an article that begins, "The U.S. 5th Circuit Court of Appeals renewed Luis Posada Carriles' hopes that he could be released on bond when it ruled Tuesday to deny the prosecutors' appeal of the bond, court documents and Posada's Florida lawyers said. Posada, 79, an alleged Cuban terrorist, was allowed a $250,000 bond April 6 in El Paso by U.S. District Judge Kathleen Cardone."

And The Miami Herald reports today that "Posada closer to moving to Miami; A jailed anti-Castro activist could be released this week after his latest court victory -- if immigration authorities don't detain him before his criminal trial in Texas."
Posted at 07:55 AM by Howard Bashman

"Court to Consider Football Recruiting Case": The Associated Press provides this report.

And today in The Washington Post, Robert Barnes reports that "Supreme Court to Revisit High School Recruiting Case."
Posted at 07:32 AM by Howard Bashman

"Free Press Battle Looms in Hatfill Case": Josh Gerstein has this article today in The New York Sun.
Posted at 06:40 AM by Howard Bashman

"A Federal Court of Appeals Gets it Wrong on Birth Control: Why Contraceptive Exclusions in Health Coverage Discriminate Against Women." Sherry F. Colb has this essay online today at FindLaw.
Posted at 06:37 AM by Howard Bashman

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