How Appealing

Wednesday, May 14, 2008

Available online from law.com: Tony Mauro reports that "Clement Resigns as Solicitor General."

And an article headlined "2nd Circuit Splits Over Scope of Class Action Fairness Act" reports on this ruling issued today.
Posted at 11:24 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Former Justice Asks Congress for Alzheimer's Aid."

And yesterday's broadcast of "Talk of the Nation" contained an audio segment entitled "Supreme Court Clears Path for Apartheid Lawsuits" featuring Law Professor Jeffrey Rosen.

RealPlayer is required to launch these audio segments.
Posted at 11:05 PM by Howard Bashman



"Fieger's ex-aide says FBI agent bullied her": This article appears today in The Detroit Free Press.
Posted at 10:45 PM by Howard Bashman


"Government's top Supreme Court attorney resigns": Lara Jakes Jordan of The Associated Press provides this report.
Posted at 04:09 PM by Howard Bashman


"Solicitor General Paul D. Clement submits his resignation, effective June 2." So reports David Kurtz of "Talking Points Memo."
Posted at 03:40 PM by Howard Bashman


Over the dissent of five judges, the Ninth Circuit denies rehearing en banc of decision holding that Congress cannot cure a government agency's Establishment Clause violation by ordering sale of the land upon which a religious symbol is situated: Today's order, which denies rehearing en banc and amends the original panel's decision, along with Circuit Judge Diarmuid F. O'Scannlain's dissent from the denial of rehearing en banc (in which four other Ninth Circuit judges joined) can be accessed at this link.

The dispute arose from a Christian cross located in a remote area of the Mojave National Preserve. Judge O'Scannlain's dissent from the denial of rehearing en banc appears to provide attorneys for the federal government with a good head start on any cert. petition that they may consider filing.

My most recent earlier coverage of the case appears at this link.
Posted at 03:38 PM by Howard Bashman



"Top California court to rule on gay marriage Thursday": Reuters provides a report that begins, "California's Supreme Court said on Wednesday that it would issue a long-awaited decision on Thursday on whether it is constitutional for the the nation's most populous state to bar gays from marrying."

And The Associated Press reports that "California high court set to rule on gay marriage."

According to today's official announcement from the Supreme Court of California, the case to be announced tomorrow presents the question: "Does California's statutory ban on marriage between two persons of the same sex violate the California Constitution by denying equal protection of the laws on the basis of sexual orientation or sex, by infringing on the fundamental right to marry, or by denying the right to privacy and freedom of expression?" The decision is scheduled to be announced and posted to the internet at 10 a.m. pacific time tomorrow.
Posted at 03:12 PM by Howard Bashman



"O'Connor makes personal plea for Alzheimer's aid": The AP provides this report on today's hearing of the U.S. Senate's Special Committee on Aging.

You can access at this link the prepared text of Justice Sandra Day O'Connor's statement to the committee. And C-SPAN has posted the video of the hearing at this link (RealPlayer required).
Posted at 03:10 PM by Howard Bashman



"Merck says appeals court overturns verdict in Vioxx case": The Associated Press provides a report that begins, "A Texas appeals court on Wednesday overturned a multimillion-dollar verdict against Merck & Co. in a case involving its withdrawn painkiller Vioxx. A Texas jury in April 2006 awarded the widow of 71-year-old Leonel Garza $32 million. That later was cut to about $7.75 million under Texas damage caps. On Wednesday, the Texas 4th Court of Appeals overturned the verdict, ruling that Garza's family failed to provide evidence that Garza's long-standing heart disease could not have been the cause of his fatal heart attack in 2001."

You can access today's ruling of the Fourth Court of Appeals of Texas at this link. And you can access other filings in the case via this link.
Posted at 03:03 PM by Howard Bashman



"Rendell's judicial nominees rejected in partisan showdown": The Associated Press provides a report that begins, "Four vacancies on Pennsylvania's appellate courts, including one on the Supreme Court, will remain unfilled for now. In a near party-line vote, the Republican-controlled state Senate on Wednesday rejected four men nominated by Gov. Ed Rendell to temporarily fill the openings. Republican senators say Rendell stepped over the established practice of taking the Senate's advice on whom to nominate."
Posted at 01:27 PM by Howard Bashman


"The plaintiffs claimed their Halloween display--wooden tombstones with epitaphs describing, in unflattering terms, the demise of their neighbors--was constitutionally protected speech." The U.S. Court of Appeals for the Seventh Circuit today issued an opinion that begins, "This free-speech lawsuit requires us to determine the present scope of the 'fighting-words' doctrine."

Today's opinion summarizes its holding as follows: "The tombstone inscriptions, although insulting, cannot be considered fighting words as that doctrine is presently understood. The display was, accordingly, protected speech. But the officer's mistake about the scope of the plaintiffs' constitutional right to ridicule their neighbors was one a reasonable officer might make in this situation. He was therefore entitled to qualified immunity."

The opinion, written by Circuit Judge Diane S. Sykes on behalf of a unanimous three-judge panel, concludes:

In closing, a few words in defense of a saner use of judicial resources. It is unfortunate that this petty neighborhood dispute found its way into federal court, invoking the machinery of a justice system that is admired around the world. The suit was not so wholly without basis in fact or law as to be frivolous, but neither was it worth the inordinate effort it has taken to adjudicate it--on the part of judges, jurors, court staff, and attorneys (all, of course, at public expense). We take this opportunity to remind the bar that sound and responsible legal representation includes counseling as well as advocacy. The wiser course would have been to counsel the plaintiffs against filing such a trivial lawsuit. . . . Not every constitutional grievance deserves an airing in court. Lawsuits like this one cast the legal profession in a bad light and contribute to the impression that Americans are an overlawyered and excessively litigious people.
Back in April 2007, I had this post linking to the appellate briefs and the appellate oral argument audio in the case.
Posted at 01:18 PM by Howard Bashman


"Vacation photos doom W.Va. top judge in primary": The Associated Press provides a report that begins, "West Virginia's top judge will be out a job after a conflict-of-interest scandal involving an exotic vacation with a coal company boss derailed his bid for another term. Chief Justice Elliott 'Spike' Maynard finished third in a field of four candidates in the state's Democratic primary Tuesday, following an uproar that began in January when photos surfaced showing him vacationing in Europe with the chief executive of Richmond, Va.-based Massey Energy Co. The company had cases before the court."

In other coverage, The Charleston (W. Va.) Daily Mail reports today that "Workman, Ketchum knock Spike Maynard off Supreme Court."

The Charleston (W. Va.) Gazette reports that "Workman, Ketchum win; Maynard out."

The Herald-Dispatch of Huntington, West Virginia reports that "Huntington's Ketchum moves on in Supreme Court race."

And The West Virginia Record reports that "Workman, Ketchum top Maynard in Supreme Court battle."
Posted at 12:14 PM by Howard Bashman



"Bush administration rules limit lawsuits": Pete Yost of The Associated Press provides this report.
Posted at 11:58 AM by Howard Bashman


"Barred artwork triumphs on appeal; Murals hang in court 70 years after a judge rejected them": The Newark (N.J.) Star-Ledger today contains an article that begins, "It took about 70 years, but Tanner Clark's artwork will finally get its day in court. As an aspiring artist in 1936, the young New Brunswick native won a contest and was commissioned to paint two murals for the opening of the new federal courthouse and post office in Newark."
Posted at 11:17 AM by Howard Bashman


"O'Connor: The Pain of Alzheimer's." Jan Crawford Greenburg has this post today at her "Legalities" blog.

Today's broadcast of the ABC News program "Good Morning America" included an interview that Jan conducted with Justice Sandra Day O'Connor. You can view the segment by clicking here.
Posted at 10:34 AM by Howard Bashman



"The problem with ID laws: Supreme Court ruling opens door to efforts to suppress voter turnout." This editorial appears today in USA Today.

In response, that newspaper also contains an op-ed by Stanley Cox entitled "Protect our election process: Tough ID requirements are needed to deter, detect vote fraud schemes."
Posted at 09:25 AM by Howard Bashman



"A Few Good Soldiers: More members of the military turn against the terror trials." Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 09:15 AM by Howard Bashman


"High Court Caricature": Columnist Ruth Marcus has this op-ed today in The Washington Post.
Posted at 09:14 AM by Howard Bashman


"Charges Against 9/11 Suspect Dropped; His Statements Were the Result of Abusive Interrogation, Officials Say": This article appears today in The Washington Post.

Today in The Los Angeles Times, Carol J. Williams reports that "Charges dropped for 20th alleged 9/11 hijacker; But five other suspects, including the alleged mastermind, face the death penalty at the troubled Guantanamo Bay tribunal."

And The New York Times reports that "Case Against 9/11 Detainee Is Dismissed."
Posted at 09:10 AM by Howard Bashman



"Pentagon accused of delays; With charges ready for this summer's Guantanamo arraignment in the Sept. 11 conspiracy trial, legal defense groups are protesting that the Pentagon has not cleared approved civilian lawyers to work on the cases": Carol Rosenberg has this article today in The Miami Herald.
Posted at 09:08 AM by Howard Bashman


"Florida justice hails rule of law campaign; A Florida Supreme Court justice underscored the American Bar Association's aim to reinforce the rule of law in his speech at a Miami conference": Today in The Miami Herald, Jay Weaver has an article that begins, "Florida Supreme Court Justice Raoul Cantero on Tuesday gave a brief history lesson about his life, the United States and Cuba to dramatize how vital an independent judiciary is to a democratic society."
Posted at 09:05 AM by Howard Bashman


"Now Bonds faces 14 BALCO perjury counts": Lance Williams has this article today in The San Francisco Chronicle.

And The New York Times reports today that "Prosecutors Rework Indictment of Bonds."

You can view at this link the superseding indictment filed yesterday in the U.S. District Court for the Northern District of California.
Posted at 08:55 AM by Howard Bashman



"Loving v. Virginia and the Secret History of Race": Brent Staples has this Editorial Observer essay today in The New York Times.
Posted at 08:45 AM by Howard Bashman


"O'Connor takes private ordeal public; Former justice to testify about Alzheimer's painful reach": Joan Biskupic has this article today in USA Today.

The Associated Press reports that "O'Connor urges help for Alzheimer's disease."

And The Washington Post contains a related article headlined "Man With Alzheimer's Fights 'Family Disease'; 5th-Generation Patient Copes With Early Onset."

Justice Sandra Day O'Connor is scheduled to testify today at a hearing of the U.S. Senate's Special Committee on Aging. The hearing is set to begin at 10:30 a.m. eastern time, and a live webcast of the hearing will be available via this link (RealPlayer required).
Posted at 08:24 AM by Howard Bashman



"McCain's Supreme wrongheadedness": Today in The Boston Globe, columnist Jeff Jacoby has an op-ed that begins, "In a speech on the federal judiciary last week, John McCain sounded the familiar conservative call for judges who know their place."
Posted at 08:14 AM by Howard Bashman


"Some Detainees Are Drugged For Deportation; Immigrants Sedated Without Medical Reason": This front page article appears today in The Washington Post.
Posted at 08:10 AM by Howard Bashman


"Judge punished for profanity; Lamdin draws a 30-day suspension": The Baltimore Sun today contains an article that begins, "The state's highest court suspended a Baltimore County judge yesterday for making profane and uncivil comments from the bench, issuing the harshest punishment for a Maryland judge in more than two decades and, observers said, sending a message to judges to watch their behavior."

You can access yesterday's ruling of the Court of Appeals of Maryland -- that State's highest court -- at this link.
Posted at 08:00 AM by Howard Bashman



eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek