How Appealing

Tuesday, July 11, 2006

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Senators Discuss Trials for Guantanamo Detainees"; "Hamdan Attorney Discusses Detainees at Capitol"; "White House: Geneva Accord Applies to Detainees"; and "Judge Removed in Indian Trust Funds Suit."

Today's broadcast of "Talk of the Nation" contained an audio segment entitled "Congress Takes Up Issue of Guantanamo Detainees."

Today's broadcast of "Day to Day" contained an audio segment entitled "White House Shifts Policy on Detainee Tribunals" (featuring Dahlia Lithwick).

And today's broadcast of "Morning Edition" contained audio segments entitled "Senate Takes Up Issue of Guantanamo Detainee Rights" (parts one and two); "Leahy: President Mishandled Guantanamo Detainees"; "WH: Geneva Conventions Apply to Detainees"; and "Judge Rules Against Jefferson in House Office Search."

RealPlayer is required to launch these audio segments.
Posted at 11:00 PM by Howard Bashman



"Stock Conflict Cited in 9th Circuit Judge's Trademark Rulings": law.com now provides free access to this article.
Posted at 10:55 PM by Howard Bashman


"Invent This Wheel!!!: Now can we try using courts-martial for enemy detainees?" Law Professor Neal Katyal has this jurisprudence essay online at Slate.
Posted at 10:45 PM by Howard Bashman


"Judge Rules Capitol Office Raid Legal; A congressman under investigation contended the FBI search violated a constitutional clause": The Los Angeles Times contains this article today.

The Washington Times reports today that "Judge rules FBI raid on Hill office legal."

And The Hill reports that "Court OKs Jefferson raid."
Posted at 10:40 PM by Howard Bashman



"New rules for Gitmo: The Supreme Court's Hamdan ruling gives Congress an opportunity to do its job on military tribunals." This editorial appears today in The Los Angeles Times.
Posted at 10:35 PM by Howard Bashman


"At Odds Over How To Prosecute Terrorists; Senate Hearing Shows White House, Key Republicans Still Differ on Approaches to Problem": Jess Bravin will have this article (free access) Wednesday in The Wall Street Journal.
Posted at 10:22 PM by Howard Bashman


"'Marriage' amendment OK'd for vote": This article appears today in The Washington Times. My earlier coverage appears here and here.
Posted at 10:18 PM by Howard Bashman


"Haynes Fights to Save Judgeship Nomination": The Associated Press provides this report.

Thomas Ferraro of Reuters reports that "Bush judicial nominee struggles to win Senate OK."

And Bloomberg News reports that "Senate Democrats Signal Filibuster Against Haynes."
Posted at 10:11 PM by Howard Bashman



"2006 Judicial Conference Begins": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit today issued a news release that begins, "The 2006 Ninth Circuit Judicial Conference opened Monday at the Hyatt Regency Hotel in Huntington Beach, Calif. with Chief Judge Mary M. Schroeder focusing on efforts to split the circuit in her report on the State of the Circuit."

Earlier today, in this post, I linked to two news reports covering Justice Anthony M. Kennedy's remarks yesterday at the judicial conference.

And, coincidentally, the current installment of my "On Appeal" column for law.com is headlined "Should the 9th Circuit Be Split Even if Its Judges Disapprove?"
Posted at 07:35 PM by Howard Bashman



Dancing days are here again: The U.S. Court of Appeals for the Second Circuit today issued an opinion that begins, "This case marks the third chapter in this court of the dispute as to who is the rightful owner of the works of the renowned modern dancer Martha Graham, who died in 1991 at the age of 96."
Posted at 07:28 PM by Howard Bashman


"SIU is told to recognize group; Christian legal body still has suit pending": This article appears today in The Chicago Tribune. My earlier coverage appears here.
Posted at 02:58 PM by Howard Bashman


"Domestic Spying Program Faces First Challenge; A veteran judge will rule on the legality of the NSA's warrantless anti-terror surveillance; Greenpeace is among the petitioners": Henry Weinstein has this article today in The Los Angeles Times.

The Detroit News reports today that "Feds, civil libertarians square off; Spy hearings in Detroit pit concern about rights versus national security; White House wants case dismissed."

And The Detroit Free Press reports that "ACLU says U.S. spying has harmed its clients; Bush officials urge judge to dismiss case for security."
Posted at 02:52 PM by Howard Bashman



"Rethinking Embattled Tactics in Terror War; Courts, Hill and Allies Press Administration": This front page article appears today in The Washington Post.
Posted at 02:48 PM by Howard Bashman


Delay in start time of today's Senate Judiciary Committee confirmation hearing: The committee's hearing titled "Hamdan v. Rumsfeld: Establishing a Constitutional Process" remains underway, and the confirmation hearing for Fourth Circuit nominee William J. Haynes II will begin once the current hearing ends. You can view the current hearing by clicking here or here (RealPlayer required).
Posted at 02:34 PM by Howard Bashman


"Justice Anthony Kennedy Criticizes Sentences, Prison Union Lobbying": The Metropolitan News-Enterprise contains this article today.

And in The Daily Journal of California, Amelia Hansen reports today that "Kennedy Calls Pressure for Stronger Sentences 'Sick.'"
Posted at 01:25 PM by Howard Bashman



"Race a Critical Issue in 10th Circuit Nomination; First black nominee for court under fire on affirmative action": This article (free access) appears in this week's issue of The National Law Journal.
Posted at 01:11 PM by Howard Bashman


"2 Sides Clash at Hearing on Legality of Deficit Law": The New York Times today contains an article that begins, "Lawyers for the government and a leading public interest group squared off Monday in a court case hinging on a subject found in just about any American civics textbook: how a bill becomes a law." Meanwhile, in Saturday's newspaper, Dorothy Samuels had a related Editorial Observer essay entitled "The Deficit Reduction Act? What Deficit Reduction Act?"

And The Hill reports today that "Ruling in suit over budget snafu expected this summer."
Posted at 01:10 PM by Howard Bashman



"Stock Conflict Cited in Pregerson Cases": The Recorder of San Francisco yesterday contained an article (subscription required) that begins, "After losing two trademark cases, an attorney for a software company is trying to get the rulings thrown out because one of the Ninth Circuit judges hearing the case apparently had a financial conflict."
Posted at 01:02 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "District Judge Removed From Indian Case" and "Texas Inmates Not Entitled to Minimum Wage."
Posted at 01:00 PM by Howard Bashman


Listen live: I'm scheduled to appear as a guest on the first segment of The Kojo Nnamdi Show just after 12 noon today on Washington, DC's NPR station, WAMU-88.5. You can listen live via this link. The topic is "Courts and Technology."
Posted at 12:00 PM by Howard Bashman


"As retired military leaders of the U.S. Armed Forces, we write to express our deep concern about the nomination of William J. Haynes II, General Counsel for the Department of Defense, to a seat on the United States Court of Appeals for the Fourth Circuit." The organization Human Rights First has posted online this letter signed by more than 20 retired military leaders. That organization has collected additional, related information here.

At 2:15 p.m. today, the Senate Judiciary Committee is scheduled to hold its second confirmation hearing for Fourth Circuit nominee William J. Haynes II, whose resume you can access here.
Posted at 11:55 AM by Howard Bashman



Appellate hot potato: When the case in question gave rise to an earlier appeal, the Tenth Circuit transferred that appeal to the Federal Circuit. Now, in an opinion issued today, the Federal Circuit transfers the latest appeal in the case to the Tenth Circuit.
Posted at 11:45 AM by Howard Bashman


"Numbers That Don't Befit the Court": Today in The Washington Post, Margaret and Richard Cordray have this op-ed complaining that the U.S. Supreme Court is accepting and deciding too few cases.
Posted at 10:33 AM by Howard Bashman


"US reverses policy on military detainees": This article appears today in Financial Times.

The New York Times provides a news update headlined "In Big Shift, U.S. to Follow Geneva Treaty for Detainees."

And The Associated Press reports that "U.S. Will Give Detainees Geneva Rights."
Posted at 10:30 AM by Howard Bashman



In the continuing saga of the Indian Trust litigation: The D.C. Circuit today issued two important rulings in the case formerly known as Cobell v. Norton, now known as Cobell v. Kempthorne.

The first of today's two rulings is significant because it grants the federal government's request to remove U.S. District Judge Royce Lamberth from continuing to preside over the case. The D.C. Circuit, on remand, orders that a new district judge be assigned to preside over this very complex case.

And the second of today's two rulings vacates an injunction the district court issued requiring requiring many of the Department of the Interior's computer systems to be disconnected from the internet and internal computer networks.
Posted at 10:22 AM by Howard Bashman



"Court arguments begin on same-sex marriage; Panel to decide constitutionality of state's ban": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Oakland Tribune, Josh Richman reports that "Lawyers debate same-sex marriage; At least one judge on state court's three-justice panel appears skeptical of existing ban; ruling due within 90 days."

Maura Dolan of The Los Angeles Times reports that "State Appeals Court Hears Same-Sex Marriage Debate; Plaintiffs seeking to void the ban on gay marriage enacted after San Francisco issued licenses find a sympathetic ear on state appellate court."

And Claire Cooper, legal affairs writer for The Sacramento Bee, reports that "State argues against gay marriage; Tradition supports only opposite-sex unions, court is told."
Posted at 09:20 AM by Howard Bashman



"Gay-marriage opponents get SJC go-ahead; Amendment effort is constitutional": This article appears today in The Boston Globe. And columnist Scot Lehigh has an op-ed entitled "Heed constitution process on gay amendment."

The Boston Herald today contains an article headlined "Legislators to duel on gay-wed: SJC OKs ban proposal for referendum ballot." An editorial is entitled "Democracy rules even on marriage." In addition, columnist Virginia Buckingham has an op-ed entitled "Elites subtract your voice from process."

And The New York Times reports that "Proposal to Ban Same-Sex Marriage Renews Old Battles."
Posted at 09:15 AM by Howard Bashman



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