How Appealing

Thursday, June 28, 2007

Access online video of today's "2006-2007 Supreme Court Term Review" hosted by the American Constitution Society: Background on the panelists and a link to the video can be accessed via this link. Or you can access the video directly by clicking here (Windows Media Player required).
Posted at 10:50 PM by Howard Bashman


In Friday's edition of The Washington Post: Robert Barnes will have a front page article headlined "Divided Court Limits Use of Race by School Districts." And Charles Lane will have a related news analysis headlined "Narrow Victories Move Roberts Court to Right; Decisions Ignore Precedent, Liberal Justices Contend."

In other news, Charles Lane will have an article headlined "Execution of Schizophrenic Killer Blocked By High Court."

And Ylan Q. Mui and Robert Barnes will have an article headlined "High Court Overturns Century-Old Antitrust Rule; Manufacturers Gain Say on Retail Prices."
Posted at 10:42 PM by Howard Bashman



In Friday's issue of The New York Times: Linda Greenhouse will have an article headlined "Supreme Court Votes to Limit the Use of Race in Integration Plans." Adam Liptak will have a related news analysis headlined "The Same Words, but Differing Views." And an article will report that "School Ruling Leaves Unanswered Questions."

In other news, "Justices Block Execution of Delusional Killer."

And an article will report that "Supreme Court Lifts Ban on Minimum Retail Pricing."
Posted at 10:35 PM by Howard Bashman



Available online from law.com: An article is headlined "Mover Fails to Prove Jurisdiction in Suit Over Internet Site." My earlier coverage appears at this link.

And in other news, "Forfeiture of Wife's Share of Home Over Husband's Marijuana Is Found Excessive." My earlier coverage appears at this link.
Posted at 10:28 PM by Howard Bashman



"Supreme Court Strikes at Affirmative Action; Divided Justices' Ruling Will Affect Schools Nationwide": Jan Crawford Greenburg and Ariane de Vogue have this report online at the web site of ABC News.
Posted at 08:24 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Rejects School Desegregation Plan" (featuring Nina Totenberg); "Plan Will Be Modified, School Board Member Says"; "High Court Blocks Mentally Ill Inmate's Execution": "Court Gives Manufacturers Leeway on Pricing"; and "Adjudicating the White House Subpoena Dispute."

And today's broadcast of "Talk of the Nation" contained an audio segment entitled "Supreme Court Rules on Race in the Classroom" featuring David G. Savage.

RealPlayer is required to launch these audio segments.
Posted at 08:17 PM by Howard Bashman



"Justice Kennedy's Remarkable OT06": Jason Harrow has this post at "SCOTUSblog," which had quite a few page views today.
Posted at 07:45 PM by Howard Bashman


"Death Penalty for Delusional Murderer Blocked": The New York Times provides this news update.
Posted at 07:38 PM by Howard Bashman


"Resegregation Now": This editorial will appear Friday in The New York Times.
Posted at 07:35 PM by Howard Bashman


If a federal criminal defendant signs a plea agreement waiving his right to challenge his conviction and sentence, is it ineffective assistance of counsel for the defendant's attorney to fail to file a notice of appeal challenging the conviction and sentence when directed by the client to do so? Two more federal appellate courts today have answered "yes" -- the Fourth Circuit and the Fifth Circuit.
Posted at 05:30 PM by Howard Bashman


"At issue today is the constitutionality of several zoning and public nudity ordinances adopted by the City of Daytona Beach to regulate adult theaters." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today. The appellate court holds that all of the challenged ordinances are constitutional.
Posted at 05:23 PM by Howard Bashman


"Supreme Court rejects racial diversity plans; In a major civil rights ruling, a narrow majority struck down two school-enrollment plans": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 05:14 PM by Howard Bashman


"Sorry Now?: What do the liberal and moderate lawyers who supported John Roberts' nomination say today?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 05:10 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Justices Reject Race as Factor in School Placement" and "Supreme Court Term Defined by Close Splits" (RealPlayer required), both featuring Dahlia Lithwick.
Posted at 05:05 PM by Howard Bashman


law.com's Tony Mauro is reporting: Now available online are news updates headlined "Supreme Court Strikes Down Race-Based School Programs" and "High Court Overturns Dr. Miles Rule."
Posted at 05:00 PM by Howard Bashman


"Commentary: The impact of fervent dissent." Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:55 PM by Howard Bashman


"Sharp Shift to the Right in First Full Term of the Roberts Court; Liberal Justices Play New Role in Dissenting From the Bench": ABC News correspondent Jan Crawford Greenburg provides this written report.
Posted at 04:27 PM by Howard Bashman


"Minimalists vs. Visionaries: The real divide on the Supreme Court is between two kinds of conservatives." Law Professor Cass R. Sunstein has this op-ed online today at the web site of The Washington Post.
Posted at 04:20 PM by Howard Bashman


"Court Blocks Execution of Mentally Ill Inmate": Charles Lane of The Washington Post provides this news update.

Henry Weinstein of The Los Angeles Times provides a news update headlined "High court spares mentally ill killer from execution; A split U.S. Supreme Court rules that a Texas death row inmate's illness prevents him from understanding why the state would kill him."

Patty Reinert of The Houston Chronicle provides a news update headlined "Supreme Court halts Texas man's execution."

Todd J. Gillman of The Dallas Morning News provides an update headlined "Supreme Court blocks Texas man's execution."

And The Fort Worth Star-Telegram provides a news update headlined "Supreme Court blocks Texas execution."
Posted at 04:15 PM by Howard Bashman



"Supreme Court strikes down school integration policies": David G. Savage and Joel Havemann of The Los Angeles Times provide this news update.

Joan Biskupic of USA Today reports that "Supreme Court rejects public school diversity plans."

And The Seattle Post-Intelligencer provides a news update headlined "Court rejects Seattle district's use of race in school assignments."
Posted at 04:10 PM by Howard Bashman



"Justices End 96-Year-Old Ban on Price Floors": The New York Times provides this news update.
Posted at 04:05 PM by Howard Bashman


"Supreme Court Review": This audio segment (RealPlayer required) featuring Law Professors Douglas Kmiec and Jonathan Turley appeared on today's broadcast of the public radio program "Here & Now."
Posted at 02:30 PM by Howard Bashman


"High Court Rules on Race in Schools": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 02:22 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Mistrial Sought in Jose Padilla Case"; "Libby Becomes Inmate No. 28301-016"; and "White House Asserts Executive Privilege."
Posted at 02:18 PM by Howard Bashman


"Supreme Court curbs use of race in setting school policies": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 02:15 PM by Howard Bashman


In news updates from The Louisville Courier-Journal: The newspaper provides updates headlined "2007-08 school-year assignments will not change"; "Supreme Court: Jefferson County's student-assignment plan unconstitutional"; and "Ruling prompts press conferences."
Posted at 02:10 PM by Howard Bashman


Maybe, as in that famous episode of "The Munsters," they can simply paint a while line down the middle of the house: The Associated Press provides a report headlined "Court: Feds Can Seize Half of House." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:02 PM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: Now available online are articles headlined "Race-Based Pupil Placements Banned by Top U.S. Court" and "Minimum-Price Accords May Be Allowed, Top Court Says."
Posted at 12:52 PM by Howard Bashman


Reuters is reporting: James Vicini has an article headlined "Court rejects race as factor in school programs."

And in other news, "Supreme Court hands business groups victory; Against wishes of 37 states, consumer groups, justices rule that some minimum prices set by manufacturers are no longer illegal."
Posted at 12:50 PM by Howard Bashman



"Court Limits Use of Race to Achieve Diversity in Schools": Robert Barnes of The Washington Post provides this news update.
Posted at 12:30 PM by Howard Bashman


"Divided court rejects school diversity plans": Bill Mears of CNN.com provides this report.
Posted at 11:50 AM by Howard Bashman


This morning's end-of-Term U.S. Supreme Court rulings in argued cases: According to "SCOTUSblog," "Kennedy is announcing Leegin Creative," the antitrust case. So much for predictions that Justice John Paul Stevens would have the majority opinion in that case. In reporting on that decision, Lyle Denniston has a post titled "Court overrules Dr. Miles." The vote in the case was 5-4. In early news coverage, The Associated Press reports that "Court Abandons Competition Rule." The article begins, "The Supreme Court on Thursday abandoned a 96-year-old ban on manufacturers and retailers setting price floors for products." You can access today's decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, at this link.

In today's death penalty case, "SCOTUSblog" reports that "Kennedy is delivering the Court's opinion in Panetti. 5-4, Kennedy plus the liberals." According to Denniston's write-up, "the Court ruled that the Fifth Circuit Court had used too restrictive a standard of mental competency in upholding a death sentence for a man whose delusions are said to keep him from fully understanding why he would be executed." In early news coverage, The Associated Press reports that "Execution of Mentally Ill Killer Blocked." You can access today's decision in Panetti v. Quarterman, No. 06-6407, at this link.

And finally, "SCOTUSblog" reports that "Chief announces schools cases. Decided jointly. Plans reversed. 5-4, Kennedy concurs in judgment." Denniston's post on the decision is titled "Court strikes down school integration plans." Therein, he writes that "Chief Justice John G. Roberts, Jr., wrote the majority opinion in the combined cases. Justice Anthony M. Kennedy did not join all of the majority opinion, but joined in the result." In early news coverage, The Associated Press reports that "Supreme Court Rejects School Race Plans." You can access the decision in Parents Involved in Community Schools v. Seattle School District, No. 05-908, decided together with Meredith v. Jefferson County Bd. of Ed., No. 05-915, at this link.
Posted at 10:05 AM by Howard Bashman



"Bare Facts: Is an appearance in 'Happy Naked Girls' properly considered by a bar admissions committee? Is an online death threat?" Steven Lubet will have this essay in the July 2007 issue of The American Lawyer.
Posted at 09:58 AM by Howard Bashman


Today's U.S. Supreme Court opinions in argued cases: Before today, the Court has issued decisions in all but four of the cases argued this Term. Those four remaining cases are:

1. Meredith v. Jefferson County Bd. of Ed., No. 05-915 (argued December 4, 2006). You can access the oral argument transcript here.

2. Parents Involved in Community Schools v. Seattle School District, No. 05-908 (argued December 4, 2006). You can access the oral argument transcript here.

My posts collecting extensive press coverage of those two oral arguments can be accessed here and here. Linda Greenhouse's article in the December 5, 2006 issue of The New York Times was headlined "Court Reviews Race as Factor in School Plans," and the article begins, "By the time the Supreme Court finished hearing arguments on Monday on the student-assignment plans that two urban school systems use to maintain racial integration, the only question was how far the court would go in ruling such plans unconstitutional."

3. Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480 (argued March 26, 2007). You can access the oral argument transcript in this antitrust case at this link.

4. Panetti v. Quarterman, No. 06-6407 (argued April 18, 2007). You can access the oral argument in this death penalty case at this link. My posts collecting press coverage of this oral argument can be accessed here. The Austin American Statesman's article of April 19, 2007 was headlined "Supreme Court hears Texas death penalty case; Justices to decide whether inmate is too mentally ill to execute."

Stay tuned for ongoing coverage of these rulings.
Posted at 09:55 AM by Howard Bashman



"Alberto Gonzales affirms intent to find prosecutor's killer": The Seattle Times today contains an article that begins, "U.S. Attorney General Alberto Gonzales met privately Wednesday with the family of slain assistant U.S. Attorney Thomas Wales and said the Justice Department will 'work as long and hard as it takes to solve this crime and prosecute those responsible.'"

And The Seattle Post-Intelligencer reports today that "Gonzales stays on point, mum on heated issues; McKay's firing not brought up in talks."
Posted at 09:00 AM by Howard Bashman



"N.Y. Appeals Court Hears Death Case": The New York Sun today contains an article that begins, "The federal appellate court in Manhattan heard its first death-penalty appeal in more than 40 years yesterday. The three-judge panel sharply questioned the government about its strategy during the trial of Donald Fell, who was sentenced to death in Vermont in 2002."

The Rutland Herald today contains an article headlined "Expert: Fell's best chance is now; Death verdicts seldom overturned after one appeal."

And The Associated Press reports that "Fell's lawyers press appeal."
Posted at 07:44 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Supreme Court to Meet Thursday"; "Groups Ponder Ruling on Political Ads"; and "U.S. Govt Appeals Enemy-Combatant Ruling."
Posted at 07:40 AM by Howard Bashman


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