How Appealing

Wednesday, June 28, 2006

Available today from National Review Online: An editorial entitled "Junk Ethics" begins, "Earlier this month, the annual judicial conference of the D.C. Circuit featured two days of panels that were organized by the George Mason University Law and Economics Center."

And Law Professor Ronald D. Rotunda has an essay entitled "There's No Future in the Past of Campaign Finance: The latest decision displays a badly fractured Court."
Posted at 10:24 PM by Howard Bashman



"High court rejects Pa. inmate challenge": The Philadelphia Inquirer provides this news update.
Posted at 10:15 PM by Howard Bashman


"Former judge denies using pump in court": The Oklahoman today contains an article that begins, "Former Judge Donald Thompson testified Tuesday he never used a penis pump during trials in 2002 and 2003."

The Tulsa World reports today that "Thompson takes stand, denies all; The former judge stumbles over some details, however."

And The Sapulpa (Okla.) Daily Herald reports that "Embattled former judge takes stand in his defense."
Posted at 10:14 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Supreme Court Approves Most Texas Districts" (featuring Nina Totenberg) and "Drawn Out of a District in Texas." RealPlayer is required to launch these audio segments.
Posted at 09:08 PM by Howard Bashman


"Supreme Court upholds most of Texas' redistricting plan": Stephen Henderson of McClatchy Newspapers provides this report.
Posted at 09:00 PM by Howard Bashman


The White House announced these four federal appellate court nominations late today: Kent A. Jordan, of Delaware, to be United States Circuit Judge for the Third Circuit, vice Jane R. Roth, retired.

Raymond M. Kethledge, of Michigan, to be United States Circuit Judge for the Sixth Circuit, vice James L. Ryan, retired.

Debra Ann Livingston, of New York, to be United States Circuit Judge for the Second Circuit, vice John M. Walker, Jr., retiring.

And Stephen Joseph Murphy, III, of Michigan, to be United States Circuit Judge for the Sixth Circuit, vice Susan Bieke Neilson, deceased. You can access the complete list at this link.

In early news coverage, The Associated Press reports that "Bush nominates 4 for federal judgeships."
Posted at 08:20 PM by Howard Bashman



"This litigation is at the very early stages, involving our review of a preliminary injunction that directed Wolf Run to allow the UMWA to serve as a miners' representative in the ongoing investigation of the Sago Mine explosion." The U.S. Court of Appeals for the Fourth Circuit today issued an opinion in typescript format affirming that preliminary injunction.

Today's opinion begins, "In the wake of the catastrophic Sago Mine explosion in Upshur County, West Virginia, in which 12 miners were killed and another seriously injured, the mine operator, Wolf Run Mining Company, the Secretary of Labor through the Mine Safety and Health Administration, and the United Mine Workers of America became enmeshed in a dispute over the protocol for investigating the cause of the explosion."
Posted at 05:45 PM by Howard Bashman



"High Court Allows Most of Texas Redistricting Plan": This audio segment (RealPlayer required) featuring David G. Savage appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:40 PM by Howard Bashman


"Court Upholds 10-Year Term for Oral Sex Between Teens; Defense lawyer argued legislative change makes conduct a misdemeanor as of July 1": law.com provides this report on a ruling that the Supreme Court of Georgia issued on Monday.
Posted at 05:33 PM by Howard Bashman


In Thursday's edition of The Christian Science Monitor: Warren Richey will have articles headlined "'On demand' redistricting upheld; High court Wednesday upheld most of the GOP's much-criticized redistricting in Texas"; "High court rules in favor of prisons denying problem inmates access to newspapers; In a 6-to-2 vote, the justices decided Wednesday that such actions don't violate inmates' First Amendment rights"; and "Treaty doesn't force US to exclude incriminating testimony, court rules; The justices ruled 6 to 3 against two convicted foreign nationals."
Posted at 05:30 PM by Howard Bashman


Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Texas redistricting: counting the votes" and "What is left of the Vienna Convention?"
Posted at 05:27 PM by Howard Bashman


law.com's Tony Mauro is reporting: Now available online are news updates headlined "Supreme Court Upholds Most of Texas Redistricting Map; Democrats get a minor victory with Texas District 23 struck down due to diluted minority voting power" and "High Court Rules Against Foreign Suspects."
Posted at 05:24 PM by Howard Bashman


"Supreme Court upholds most of Texas' GOP-driven political map": The Fort Worth Star-Telegram provides this news update.

And The San Antonio Express-News provides an update headlined "Texas congressional redistricting map upheld, but redrawing of border districts ordered."
Posted at 05:20 PM by Howard Bashman



"Immigration judges face increased scrutiny": Marisa Taylor of McClatchy Newspapers provides this report.
Posted at 05:18 PM by Howard Bashman


"U.S. Supreme Court to ICJ - You're Wrong, Wrong, Wrong!" Julian Ku has this post at "Opinio Juris."
Posted at 05:15 PM by Howard Bashman


"Gay marriage ruling awaited": The Atlanta Journal-Constitution contains this article today. And the Supreme Court of Georgia makes archived video of yesterday's oral argument available online at this link (RealPlayer required).
Posted at 03:50 PM by Howard Bashman


"State may seek $6,000 for use of jet to transport Mack": This article appears today in The Reno Gazette-Journal, along with an article headlined "'I'm just healing,' judge says." Judge Chuck Weller is scheduled to be the guest on tonight's broadcast of CNN's "Larry King Live."
Posted at 03:25 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Justices Uphold All but One Portion of Texas Map" (featuring Dahlia Lithwick) and "A Ruling That Messes with Texas." RealPlayer is required to launch these audio segments.
Posted at 03:20 PM by Howard Bashman


"This appeal raises an issue of first impression for the Courts of Appeals: whether the failure of the Secretary of the Department of the Interior to perform the nondiscretionary duty to designate a critical habitat for a threatened species is a continuing violation that permits a plaintiff to file suit more than six years after the deadline to perform that duty has passed." A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit answered "no" today in a per curiam opinion that you can access here.
Posted at 03:18 PM by Howard Bashman


You don't say: The Associated Press reports that "Awkward Moments Abound in Penis Pump Trial."
Posted at 02:55 PM by Howard Bashman


"Supreme Court Today": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now."
Posted at 02:25 PM by Howard Bashman


"Initial Thoughts on the Texas Redistricting Case": Rick Hasen has this post at his "Election Law" blog.
Posted at 02:14 PM by Howard Bashman


"Judge Boyle deserves a vote; Senate should stop stalling and vote 4th Circuit nominee up or down": U.S. Senator Elizabeth Dole (R-NC) has this op-ed today in The Charlotte Observer.
Posted at 12:33 PM by Howard Bashman


"High Court Backs Most of Texas Redistricting Map": Nina Totenberg had this audio report (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 11:58 AM by Howard Bashman


"Most of Texas' redistricting map upheld": Patty Reinert of The Houston Chronicle provides this news update.

Allen Pusey and Todd J. Gillman of The Dallas Morning News provide an update headlined "Court's decision rejects many redistricting questions."

The Austin American-Statesman provides a news update headlined "Supreme Court throws out part of Texas congressional map; Doggett's Austin-to-Mexico district must be redrawn."

Bill Mears of CNN.com reports that "High court upholds most of Texas redistricting map; Districts that diluted Latino strength tossed."

And Greg Stohr of Bloomberg News reports that "Republican Texas Redistricting Upheld by Top Court."
Posted at 11:50 AM by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: The Court issued three opinions in argued cases today. Two cases -- including the challenge to the legality of detainee tribunals at Guantanamo -- remain to be decided, and those opinions are due to be issued at 10 a.m. eastern time tomorrow.

You can access the text of each opinion issued today (in PDF format) by clicking on the link provided for each case's title in the numbered paragraphs immediately below.

1. The Court issued its ruling in League of United Latin American Citizens v. Perry, No. 05-204. You can access the oral argument transcript here. Additional background is available at this link.

2. The Court issued its ruling in Sanchez-Llamas v. Oregon, No. 04-10566. You can access the oral argument transcript here. Additional background is available at this link.

3. And the Court issued its ruling in Beard v. Banks, No. 04-1739. You can access the oral argument transcript here. Additional background is available at this link.

Gina Holland of The Associated Press reports that "Court Nixes Part of Texas Political Map." The AP also reports that "Justices Rule Against Foreign Suspects" and "Justices Back Pa. on Prison Newspapers."

And at "SCOTUSblog," Lyle Denniston has a post titled "Decisions: No ruling on Hamdan; partisan gerrymander claim rejected."

The two cases in which the Court is scheduled to issue opinions tomorrow at 10 a.m. eastern time are Hamdan v. Rumsfeld, No. 05-184 (oral argument transcript here; additional background here) and Clark v. Arizona, No. 05-5966 (oral argument transcript here; additional background here). Tom Goldstein reads the tea leaves at this link.
Posted at 10:00 AM by Howard Bashman



On the agenda: At 10 a.m. eastern time today, the Supreme Court of the United States will issue opinions in argued cases. Only five argued cases remain to be decided this Term, and summaries of the issues presented -- which include the legality of the Guantanamo military tribunals and the legality of the most recent Texas congressional redistricting -- can be accessed in this report from The Associated Press. Stay tuned for complete coverage of these decisions.

And at 2 p.m. eastern time today, the Senate Judiciary Committee will hold a confirmation hearing for two federal appellate court nominees: Eighth Circuit nominee Bobby E. Shepherd and Federal Circuit nominee Kimberly Ann Moore.
Posted at 09:45 AM by Howard Bashman



"The Name's Bond, Supersedeas Bond: A look at staying money judgments on appeal." This week's installment of my "On Appeal" column for law.com can be accessed at this link.
Posted at 09:44 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained audio segments entitled "Conservative Groups Push for More Judicial Confirmations" (featuring Nina Totenberg); "Presidential Signing Statements Challenged"; and "Flag Burning Amendment Comes Up Short in Senate." RealPlayer is required to launch these audio segments.
Posted at 09:40 AM by Howard Bashman


"Senator considers suit over Bush law challenge": Today in The Boston Globe, Charlie Savage has an article that begins, "The Senate Judiciary Committee chairman, Arlen Specter, said yesterday that he is 'seriously considering' filing legislation to give Congress legal standing to sue President Bush over his use of signing statements to reserve the right to bypass laws."

The New York Times reports today that "Bush's Use of Authority Riles Senator."

The Washington Post reports that "Bush's Challenges of Laws He Signed Is Criticized."

The Washington Times reports that "White House defends Bush's limits on bills."

Michelle Boardman, formerly of "The Volokh Conspiracy," had the pleasure of being in the hot seat to defend the Bush Administration's position at yesterday's hearing of the Senate Judiciary Committee. You can access the prepared text of her statement at this link.
Posted at 08:40 AM by Howard Bashman



"Guantanamo Officials Say They Can't Stop All Suicides; New searches and special gear help, but administrators maintain that prisoners harm themselves as part of a `campaign against us'": The Los Angeles Times contains this article today.

And today in The Miami Herald, Carol Rosenberg has an article headlined "Commander: Suicide plots continuing; The Guantanamo Bay prison camp commander disclosed that detainees' efforts to plan suicides is ongoing as guards uncover hidden nooses and drugs."

Yesterday, meanwhile, Rosenberg had an article headlined "Shutting down Guantanamo not an easy proposition; A U.S. diplomat outlined the repatriation 'conundrum' on the eve of U.S. Supreme Court ruling on whether Guantanamo's war court is constitutional."
Posted at 07:30 AM by Howard Bashman



"Court rules correctly on clean money: Restricting Vermont's limits on campaign contributions confirms the wisdom of a 30-year-old ruling." This editorial appears today in The Los Angeles Times.
Posted at 07:22 AM by Howard Bashman


"Flag Amendment Narrowly Fails in Senate Vote": The New York Times contains this article today.

The Washington Post reports today that "Senate Rejects Flag Desecration Amendment." And Dana Milbank's Washington Sketch column is headlined "Not Quite the Banner Day One Might Have Hoped For."

The Los Angeles Times reports that "Flag Measure Fails by 1 Vote; Majority leader says 'Old Glory lost today,' as amendment to ban desecration is rejected."

The Chicago Tribune reports that "Flag desecration amendment fails; Measure falls 1 vote short after a lively Senate debate."

The Boston Globe reports that "Flag-burning amendment fails by a vote; Ban said to show respect for troops."

The San Francisco Chronicle reports that "Flag abuse ban fails by 1 vote in U.S. Senate."

The Washington Times reports that "Flag amendment fails in Senate."

USA Today reports that "Senate rejects flag bill by 1 vote; By 66-34, amendment misses two-thirds mark."

And The Hill reports that "Senate nixes Old Glory amendment."
Posted at 07:18 AM by Howard Bashman



"Complain Without Fear: The high court sends a clear message to employers." This editorial appears today in The Washington Post.
Posted at 07:10 AM by Howard Bashman


"No Knock-and-Announce? No Problem: The Supreme Court Holds Evidence from No-Knock Entries Admissible In Court." Sherry F. Colb has this essay online today at FindLaw.
Posted at 06:58 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Supreme Court Trying to Finish Final Cases"; "Ex-Judge Denies Using Sex Device in Court"; "Judge Who Was Shot Makes Public Appearance"; and "Tenn. Executes Second Person in 45 Years."
Posted at 06:55 AM by Howard Bashman


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