How Appealing

Friday, May 22, 2009

"Wiretap Judge Slams Government": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal judge in San Francisco lashed out Friday at the Obama administration for its refusal to share a classified document with an Islamic group that claims it was illegally wiretapped, and said he may declare the group the winner by default in its lawsuit against the government."

And law.com reports that "Federal Judge Threatens DOJ Lawyers With Sanctions in Warrantless Wiretapping Case."
Posted at 11:58 PM by Howard Bashman



"President's Detention Plan Tests American Legal Tradition": This article will appear Saturday in The New York Times, along with an article headlined "In a Place Unused to Escapes, a Debate on Jailing Jihadists."

Saturday in The San Francisco Chronicle, Bob Egelko will have an article headlined "Detainee Tribunals Draw Criticism."

And this evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Obama Leans Toward 'Preventive Detention'" and "Will Guantanamo Detainees Go To Colorado?" (RealPlayer required).
Posted at 11:37 PM by Howard Bashman



"Big Tobacco Loses in Appeals Court; Judges Uphold 2006 Ruling That Firms Lied About Risks": This article will appear Saturday in The Washington Post.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 11:30 PM by Howard Bashman



"O'Connor on Judicial Elections, Civic Education and the High Court Vacancy: In interview, retired justice says a woman should be the choice." Tony Mauro will have this article in next week's issue of The National Law Journal.
Posted at 11:24 PM by Howard Bashman


"Obama on Pace to Name Supreme Court Nominee Before Heading Overseas": This article will appear Saturday in The Washington Post.
Posted at 11:20 PM by Howard Bashman


"At a Symposium of Judges, a Debate on the Laws of Fashion": John Schwartz will have this article Saturday in The New York Times.
Posted at 11:15 PM by Howard Bashman


"Some possible nominees had easy Senate path before": Jesse J. Holland of The Associated Press has a report that begins, "Some of the people President Barack Obama is considering for the Supreme Court got significant support from Republicans when they were last before the Senate seeking jobs in the judiciary or executive branches of government."

Bill Mears of CNN.com reports that "Supreme Court confirmations a mix of politics, tradition."

FOXNews.com reports that "Obama Spokesman Pranks White House Press Corps on Supreme Court Pick."

And Michael D. Shear and Peter Slevin of The Washington Post have a blog post titled "Interview Schedule Indicates Obama on Track to Announce Supreme Court Pick."
Posted at 08:34 PM by Howard Bashman



"Justice Souter and the Supreme Court's Church-State Balance": Melissa Rogers has this essay online at the web site of The Brookings Institution.
Posted at 03:57 PM by Howard Bashman


"Vets Make Memorial Day Plea to Supreme Court": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Representatives of major veterans' groups on Thursday called on the Supreme Court to allow the Mojave Desert Veterans Memorial to stand within the Mojave Desert Preserve in California, and to reject Establishment Clause arguments against it."
Posted at 02:48 PM by Howard Bashman


"3rd Circuit Committee in Kozinski Probe Completes Investigation": John Roemer has this article today in The Daily Journal of California.
Posted at 02:45 PM by Howard Bashman


"Supreme Court prospects may trip over own words": Sharon Theimer and Pete Yost of The Associated Press have this report.
Posted at 02:40 PM by Howard Bashman


"State high court to rule Tuesday on Prop. 8": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The state Supreme Court will rule Tuesday on a challenge to Proposition 8, the ballot measure that reinstated California's ban on same-sex marriage."

The Sacramento Bee has a news update headlined "Prop. 8 ruling coming Tuesday."

Maura Dolan of The Los Angeles Times has a blog post titled "California Supreme Court to rule on Proposition 8 Tuesday."

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

Today's announcement from the Supreme Court of California of "Forthcoming Opinion Filings" can be viewed at this link.

Ordinarily, California's highest court issues new opinions on Mondays and Thursdays, but because next Monday is the Memorial Day holiday, the court's next opinion announcement date will be next Tuesday. The opinion will appear online at this link at 1 p.m. eastern time (10 a.m. pacific time) Tuesday.
Posted at 02:35 PM by Howard Bashman



"Identity Politics And Sotomayor: The judge's thinking is representative of the Democratic Party's powerful identity-politics wing." Stuart Taylor Jr. has this new essay online at the web site of National Journal.
Posted at 12:15 PM by Howard Bashman


Second Circuit Judge Sonia Sotomayor argues that clearly established Fourth Amendment precedent did not permit arrestees for misdemeanors to be forced to expose their private parts to corrections officers and inmates without reasonable suspicion: Beginning at page 25 of this PDF file, you can access her dissent from a ruling that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:54 AM by Howard Bashman


"Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court's judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers." So begins a lengthy per curiam opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

The introduction to today's opinion summarizes the court's holdings as follows: "After considering all of the parties' arguments, we affirm in large part the finding of liability, remanding only for dismissal of the trade organizations. We also largely affirm the remedial order, including the denial of additional remedies, but vacate the order with regard to four discrete issues, remanding for further proceedings as directed in this opinion."

Update: The Associated Press reports that "Cigarette makers lose appeal in landmark case."

The Washington Post has a news update headlined "Appeals Court Upholds Landmark Case Against Tobacco Industry."

Reuters reports that "U.S. appeals court agrees tobacco companies lied."

Bloomberg News reports that "Altria, Cigarette Makers Lose 'Lights' Ruling Appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Sweeping tobacco ruling headed for Court?"
Posted at 10:38 AM by Howard Bashman



"Obama Would Move Some Detainees to U.S." This article appears today in The New York Times, along with an article headlined "Detainee to Be Transferred to U.S. for Trial."

Today's edition of The Washington Post contains articles headlined "Obama Endorses Indefinite Detention Without Trial for Some" and "Supermax Prisons in U.S. Already Hold Terrorists."

Marisa Taylor and Michael Doyle of McClatchy Newspapers report that "Obama's proposed Guantanamo legal plan rife with problems."

And Warren Richey of The Christian Science Monitor has an article headlined "Obama: Bring Guantanamo detainees to US, detain some indefinitely; His bid to close the prison camp in jeopardy, he laid out five options Thursday for resolving the detainees' status."
Posted at 08:40 AM by Howard Bashman



"Obama Curtails Bush's Policy of 'Preemption'; It Let Federal Rules Override State Laws": The Washington Post contains this article today.
Posted at 08:20 AM by Howard Bashman


"Indiana judge's confirmation vote postponed; GOP senator cites jurist's ruling on Statehouse prayers": This article appears today in The Indianapolis Star.

And Bloomberg News reports that "Republicans Block Action on Obama's Nominee for U.S. Judiciary."
Posted at 08:15 AM by Howard Bashman



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