How Appealing

Wednesday, May 10, 2006

Further evidence that Scalia-Alito is the new O'Connor-Ginsburg: A reader emails to point out the following passage from tomorrow's article headlined "Appeals Court Judge Leaves Life Appointment for Boeing" in The Washington Post:
But the friends added that Luttig's disappointment over the nominations of Roberts and Scalia, combined with uncertainty over when another Supreme Court vacancy would occur, also played a role.
My earlier post in the "Scalia-Alito is the new O'Connor-Ginsburg" series can be accessed here.
Posted at 11:55 PM by Howard Bashman


"Gang balks on Judge Boyle": The Hill on Thursday will contain an article that begins, "The outlook for Judge Terrence Boyle, nominated to the 4th U.S. Circuit Court of Appeals, became cloudier yesterday as Democrats reiterated opposition to him and some Republican members of the influential Gang of 14 declined to offer support."
Posted at 10:38 PM by Howard Bashman


Sale of future lottery payments for a lump sum did not represent a capital gain, U.S. Court of Appeals for the Tenth Circuit rules: Although the lottery winner lost today's ruling in a tax dispute involving the IRS, the story at least had a happy beginning:, "On May 1, 1993, Mr. Watkins won $12,358,688 from the Colorado State Lottery with a ticket he purchased for one dollar."
Posted at 10:35 PM by Howard Bashman


"Judge Leaves Appeals Court for Boeing": Neil A. Lewis will have this article Thursday in The New York Times.

And The Washington Post on Thursday will report that "Appeals Court Judge Leaves Life Appointment for Boeing."
Posted at 10:28 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Taken or Lost? Roberts File Still Missing in Action." The 64-page report of investigation by the inspector general for the National Archives and Records Administration can be accessed here.

Mauro also reports that "4th Circuit's Luttig Takes Off for Boeing GC Position."

In other news, an article is headlined "Going From General Counsel to Federal Inmate."

And an article reports that "Firms See Wave of Problems From Employee Web Surfing; Shopping, gambling, even looking for a new job ... your staff may be using the Internet for anything but work."
Posted at 10:20 PM by Howard Bashman



"Bush Nominee Rated 'Unqualified' by ABA": Gina Holland of The Associated Press provides this report.

And Bloomberg News reports that "Bush Judicial Nominee Rated 'Unqualified' By Lawyers."
Posted at 08:20 PM by Howard Bashman



"Enron Judge's Jury Instructions May Raise Odds of Convictions": This article (free access) appears today in The Wall Street Journal.
Posted at 08:14 PM by Howard Bashman


"Officials call UA's Rehnquist Center a fitting honor to late Chief Justice": The Arizona Daily Star provides this news update.
Posted at 08:00 PM by Howard Bashman


"Same-Sex Marriage Showdown": Gotham Gazette provides a report that begins, "It won't be in time for June weddings, but the New York State Court of Appeals, the state's highest court, will hear a group of cases on May 31 arguing that the state's refusal to let same-sex couples obtain marriage licenses violates the state constitution."
Posted at 07:54 PM by Howard Bashman


"Returning to this Court for the third time, this case arises out of an illegal alien smuggling conspiracy that caused the deaths of nineteen undocumented aliens secreted in the trailer of a tractor-trailer driven by defendant Tyrone Mapletoft Williams from Harlingen, Texas, to Victoria, Texas." In this decision issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit clears the way for a retrial of Tyrone Williams before a different U.S. District Judge of the Southern District of Texas.

Earlier this month, Harvey Rice of The Houston Chronicle had an article headlined "Smuggling leader gets 17-year term; She cries, seeks forgiveness for her role in the deaths of 19 in trailer." According to that article, "A trial date for [Tyrone Williams] will be set once a federal appeals court decides on how many of 58 smuggling charges he can be retried." Today's opinion represents that decision.
Posted at 07:35 PM by Howard Bashman



"200 years not 'cruel and unusual punishment' in child porn case": The Arizona Daily Star provides this news update reporting on a ruling that the Supreme Court of Arizona issued today.
Posted at 07:24 PM by Howard Bashman


"Lawyer calls BALCO leaks a moot issue; National security not involved and case is over, she says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Unlike a New York Times reporter who was jailed for refusing to disclose a confidential source, two Chronicle reporters who have been ordered to identify the source of leaked grand jury testimony aren't involved in a national security case. In fact, their lawyer says they're not involved in an ongoing case at all."
Posted at 06:05 PM by Howard Bashman


"Nomination Sent to the Senate: Neil M. Gorsuch, of Colorado, to be United States Circuit Judge for the Tenth Circuit, vice David M. Ebel, retired." The White House officially announced this judicial nomination today. My earlier coverage is here.

Update: The Associated Press reports that "Bush Nominates New Judge for 10th Circuit."
Posted at 05:02 PM by Howard Bashman



"Supreme Court 5-4 on Immigration Case": The Associated Press provides a report that begins, "The Supreme Court split 5-4 Wednesday to let the Bush administration deport a British man for breaking the law in Mississippi."

And Greg Stohr of Bloomberg News reports that "Alito, U.S. Supreme Court Permit Deportation of British Man."

Today's order of the U.S. Supreme Court can be accessed here.
Posted at 04:25 PM by Howard Bashman



"Negro Leagues players' payments upheld": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Major League Baseball is entitled to pay former Negro Leagues players $10,000 a year and provide medical coverage as compensation for their exclusion from the big leagues, a federal appeals court ruled Tuesday, rejecting a reverse-discrimination suit from a group of white ex-players."

And Metropolitan News-Enterprise reports today that "Ninth Circuit Rejects Former Ballplayers' Suit Over Pensions."

My earlier coverage is here.
Posted at 04:05 PM by Howard Bashman



"Republicans eager for judicial fight; The Senate debate over federal appeals court nominee Brett Kavanaugh may fire up the GOP": Gail Russell Chaddock will have this article Thursday in The Christian Science Monitor.
Posted at 04:00 PM by Howard Bashman


"Witness question raised again; Prosecutors ask judge not to allow comments about issue of immunity": Mary Flood has this article today in The Houston Chronicle.
Posted at 03:32 PM by Howard Bashman


"Wallace is the first appeals court nominee in 25 years to receive a unanimous 'not qualified' rating from the ABA." So says a press release that People For the American Way issued this afternoon urging President Bush to withdraw the nomination. My earlier coverage is here.
Posted at 03:24 PM by Howard Bashman


Available today from National Review Online: U.S. Senator Lamar Alexander (R-TN) has an essay entitled "Hawaiian Upside-Down Cake: An island far from 'e pluribus unum.'"

And Adam J. White has an essay entitled "Unwarranted Criticism: General Hayden's reading of the Fourth Amendment is correct, and his critics are mistaken."
Posted at 03:05 PM by Howard Bashman



"[W]e join several sister courts of appeals in holding that the involvement of an actual minor, as distinguished from a government decoy, is not a prerequisite to conviction under 18 U.S.C. § 2422(b) (actual or attempted persuasion of a minor to engage in illicit sexual activity) or 18 U.S.C. § 2423(b) (traveling for the purpose of engaging in illicit sexual activity)." So begins a lengthy opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 03:02 PM by Howard Bashman


"The Gitmo 'decider': Bush need not defer to the Supreme Court to close down Guantanamo." The Los Angeles Times contains this editorial today.
Posted at 03:00 PM by Howard Bashman


"Judge: Del. can't execute killer yet; Case hinges on Supreme Court." This article appears today in The News Journal of Wilmington, Delaware.
Posted at 02:42 PM by Howard Bashman


"J. Michael Luttig Resigns From Appeals Court": The Washington Post provides this news update.

And The Associated Press reports that "Conservative Judge to Work for Boeing."
Posted at 02:38 PM by Howard Bashman



Today marks the debut of Andrew Cohen's blog "Bench Conference" for The Washington Post: You can access the blog at this link. Cohen currently serves as legal analyst for CBS News.
Posted at 02:25 PM by Howard Bashman


Fifth Circuit nominee Michael B. Wallace receives unanimous "Not Qualified" rating from American Bar Association judicial evaluation committee: The ranking, released today, can be viewed at this link. A unanimous "Not Qualified" rating for a federal appellate court nominee is, if memory serves, quite rare in recent years.

Wallace's law firm bio can be accessed here.
Posted at 02:10 PM by Howard Bashman



"Roberts File Still Missing": law.com's Tony Mauro provides a report that begins, "A potentially controversial file at the Reagan Presidential Library that went missing in the weeks before the confirmation hearings for John Roberts Jr. as chief justice last year has still not been found, according to an internal investigation made public Tuesday."
Posted at 02:08 PM by Howard Bashman


"Bush to nominate Gorsuch to Denver appeals court": This article appears today in The Rocky Mountain News.

And The Denver Post reports today that "Gorsuch is pick for U.S. appeals court; The Denver-born lawyer, who's long worked in D.C., holds strong views on the proper role of judges."
Posted at 12:10 PM by Howard Bashman



"Luttig Steps Down From 4th Circuit": law.com's Tony Mauro provides this news update.
Posted at 11:55 AM by Howard Bashman


"Supreme Court Is Better Heard Than Seen": Jerry Goldman, the director of the Oyez project, has this letter to the editor (free access) today in The Wall Street Journal. Although I have no connection to the Oyez site, I agree with Goldman that prompt release by the U.S. Supreme Court of oral argument audiotapes would suffice in lieu of televised coverage of oral arguments.
Posted at 11:54 AM by Howard Bashman


"Federal Appeals Court Judge Luttig Tapped for Boeing General Counsel": Jess Bravin of The Wall Street Journal provides this news update (free access). My earlier coverage appears at this link.
Posted at 11:45 AM by Howard Bashman


"Sex Toys Tax-Deductible Down Under": You may not be able to lawfully purchase them in Alabama, but -- according to this post at "TaxProf Blog" -- you might be able to claim a tax deduction for them in Australia if you happen to be employed in the right line of work.
Posted at 11:44 AM by Howard Bashman


"What the Moussaoui Sentence Teaches About 'Mitigating' Evidence": FindLaw commentator Michael C. Dorf has this essay today.
Posted at 11:40 AM by Howard Bashman


Thirteen former law clerks to Fourth Circuit nominee Terrence W. Boyle issue a letter denouncing "shamefully personal" attacks against him: I have uploaded a copy of the letter at this link.
Posted at 11:35 AM by Howard Bashman


"Continuing Rehnquist's Legacy; Former Aide to Direct Think Tank Named After Chief Justice": This article appears today in The Washington Post.
Posted at 11:25 AM by Howard Bashman


"Bench Nominee Denies Role in Controversies; White House lawyer tells senators he learned about Abramoff, other issues from newspapers": David G. Savage has this article today in The Los Angeles Times.

The Washington Times reports today that "Judicial nominee takes heat."

And in The Washington Post, Dana Milbank's Washington Sketch column today is headlined "Fealty to President and Precedent."
Posted at 11:20 AM by Howard Bashman



BREAKING NEWS -- Fourth Circuit Judge J. Michael Luttig resigns to become senior vice president and general counsel of The Boeing Company: Details are available in this press release, while a copy of Judge Luttig's letter announcing his resignation, effective immediately, from the Fourth Circuit can be viewed both here and here. Thanks to "South Carolina Appellate Law Blog" for giving me the initial heads-up on this news.

And Jan Crawford Greenburg of The Chicago Tribune provides a news update headlined "Passed over Supreme Court hopeful resigns from bench."
Posted at 11:10 AM by Howard Bashman



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