How Appealing

Friday, September 8, 2006

Aaron Harber interviews Justices Stephen G. Breyer and Sandra Day O'Connor: Harber calls Justice Breyer by his first name; I haven't yet watched Justice O'Connor's interview to see whether Harber is equally informal with her. You can view the interviews online via this link. Thanks to "SCOTUSblog" for the pointer.
Posted at 11:20 PM by Howard Bashman


"Looking for Agreement on Tribunals for Detainees": This article will appear Saturday in The New York Times.

And McClatchy Newspapers provide a report headlined "Lindsey Graham calls military tribunals 'a bridge too far.'"
Posted at 11:15 PM by Howard Bashman



"Oregon high court rules for Scouts, against atheist mother": The Associated Press provides this report.

And The Oregonian provides a news update headlined "Scouts didn't discriminate against atheist, Supreme Court rules."

In connection with today's ruling of the Supreme Court of Oregon, the Boy Scouts of America issued a press release entitled "Scouts win in Oregon Supreme Court."
Posted at 10:50 PM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Former SG Olson Looks Back on 9/11 -- and Moves Forward."

And the brand new installment of my "On Appeal" column is headlined "Quality and Quantity on Appeal."
Posted at 10:45 PM by Howard Bashman



"Yu Kikumura, a federal prisoner, became severely ill one afternoon in his cell." So begins a 71-page opinion that Circuit Judge Michael W. McConnell issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

The Associated Press has previously reported, "As U.S. attorney in New Jersey, a job that normally involves sending underlings into the courtroom, [Samuel A.] Alito personally prosecuted the 1988 terrorism trial of Yu Kikumura, going head to head with the noted defense lawyer, the late William M. Kunstler. Kikumura was convicted of driving with homemade bombs on the New Jersey Turnpike, intending to blow up the Navy recruiting office in Manhattan, and is serving 22 years." And the April 25, 1988 issue of Time magazine contained this report on Kikumura's arrest, in which now-Justice Alito is quoted.

Today's Tenth Circuit ruling reinstates certain of Kikumura's Eighth Amendment and Federal Tort Claims Act claims. Kikumura's appeal arises in the Tenth Circuit because he is serving his prison sentence at the United States Penitentiary, Administrative Maximum, in Florence, Colorado.
Posted at 10:40 PM by Howard Bashman



"The Courtroom Slam: How Bush's Guantanamo bill locks the detainees out of court." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 05:30 PM by Howard Bashman


"Wireless Internet Access now available in the Courthouse Cafe and Library in the James R. Browning Courthouse in San Francisco, CA." This announcement appears today at the home page of the U.S. Court of Appeals for the Ninth Circuit. I presume that this means that members of the public can now surf the web free of charge courtesy of the federal judiciary if they are willing to undergo the security check necessary to enter the courthouse. And to think, not too long ago the federal judiciary's internet access was strictly regulated (see here and here).
Posted at 05:14 PM by Howard Bashman


"The Honorable Kimberly A. Moore was sworn in as a circuit judge on the U.S. Court of Appeals for the Federal Circuit on September 8, 2006": The home page of the U.S. Court of Appeals for the Federal Circuit contains this announcement today. Thanks to the junior U.S. Senator from Pennsylvania, Judge Moore's confirmation vote and the "How Appealing" blog will be forever linked via a page of the Congressional Record.
Posted at 05:05 PM by Howard Bashman


"Blog Law: Legal issues, liabilities, and new opportunities." I'll be one of the presenters at this Law Seminars International CLE event in New York City, at the New York Marriott Marquis Times Square Hotel, on November 16-17, 2006. You can access the brochure in PDF format by clicking here.
Posted at 04:20 PM by Howard Bashman


"(CIA) Business as Usual?: Would the Administration Bill Effectively 'Overrule' Hamdan? " Marty Lederman has this post today at the "Balkinization" blog.
Posted at 03:45 PM by Howard Bashman


"Tainted Fruit: How can al-Qaida's 14 worst terrorists stand trial?" Law Professor David Cole has this jurisprudence essay online at Slate.
Posted at 03:35 PM by Howard Bashman


"Judge Rules Against Terror Suspect": The Associated Press provides a report that begins, " A federal judge rejected an attempt by terror suspect Jose Padilla to keep a jury from hearing statements he made to the FBI shortly before his 2002 arrest."
Posted at 03:33 PM by Howard Bashman


Access online the oral argument audio of yesterday's Seventh Circuit Indiana legislative prayer case: The audio can be accessed in mp3 format by clicking here. Circuit Judge Diane P. Wood was an active and quite impressive questioner.

The briefs filed on appeal in the case can be accessed via this link. And an opinion by this same three-judge panel denying, by a 2-1 vote, a stay of the district court's order permanently enjoining sectarian prayer at the beginning of Indiana House meetings can be accessed here.
Posted at 03:20 PM by Howard Bashman



"[A]ccidental byproduct of Booker" does not allow a defendant convicted in federal court of receiving child pornography to be sentenced to probation instead of imprisonment: The U.S. Court of Appeals for the Ninth Circuit issued this ruling today.
Posted at 03:12 PM by Howard Bashman


"Ruling on Web site access for blind; Judge says the law removes all barriers for disabled people": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Oakland Tribune, Josh Richman reports that "Blind patrons' lawsuit against Target proceeds."

National Federation of the Blind has issued a press release entitled "Federal judge sustains discrimination claims against Target; precedent establishes that retailers must make their websites accessible to the blind under the ADA."

I have uploaded this week's ruling of the U.S. District Court for the Northern District of California at this link. Additional information on the case is available from Disability Rights Advocates via this link.
Posted at 02:58 PM by Howard Bashman



"Plaintiff for Indicted Law Firm Wants Case Dismissed": Today in The New York Sun, Josh Gerstein has an article that begins, "A perennial plaintiff for a prominent law firm facing federal racketeering and fraud charges is asking that the criminal case against him be dismissed because of protracted delays and his failing health."
Posted at 02:48 PM by Howard Bashman


"Reporting on British Trials a Challenge": The Associated Press provides a report that begins, "The complete story of how suspected terrorists planned to blow up U.S.-bound airplanes may take a year or so to tell because of reporting restrictions that keep journalists from publishing details before a trial."
Posted at 02:45 PM by Howard Bashman


"Sen. Santorum Quotes Bloggers From Floor": National Journal's "Beltway Blogroll" provides this post today. You can access the relevant page of the Congressional Record at this link.
Posted at 12:25 PM by Howard Bashman


"Pentagon Lawyers Stand Against Tribunal Plan": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:40 AM by Howard Bashman


"Where's the Terror? Post-9/11 prosecutions end with a whimper." Brian Doherty has this essay online at Reason.
Posted at 10:33 AM by Howard Bashman


"Judging John Roberts, Year One": This item appears online at the Harvard Political Review.
Posted at 10:24 AM by Howard Bashman


"This case presents the rare instance when public citizens seek to limit the speech of a governmental entity rather than the reverse." A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a decision resolving whether an Ohio town "violated the First and Fourteenth Amendments by advertising and otherwise advocating against a citizen-sponsored ballot initiative and in favor of a tax levy." The majority answers "no."

In his dissenting opinion, Circuit Judge Boyce F. Martin, Jr. writes, "Here, we confront state action that is at the same time innocuous yet threatening to our republican form of government. Although local governmental expenditures to advocate in an election may seem commonplace and uninspiring, I take the position that governmental campaigning in elections is implicitly prohibited by our constitutional design and republican form of government."
Posted at 10:15 AM by Howard Bashman



"Senate considers Jackson lawyer; Hearing expected to be replay of brawl over Pickering nomination": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "The Senate Judiciary Committee is set to consider the federal court nomination of Jackson lawyer Michael Wallace at a hearing that may become a replay of the brawl over the nomination of Charles Pickering." According to the article, the hearing could occur on September 19th or 26th.
Posted at 09:45 AM by Howard Bashman


"Judge This: The Senate leadership should move immediately on pending judicial nominations." This editorial appears today at National Review Online.
Posted at 09:44 AM by Howard Bashman


"Interrogation Methods Rejected by Military Win Bush's Support ": Adam Liptak has this article today in The New York Times. And an article reports that "Questions Raised About Bush's Primary Claims in Defense of Secret Detention System."

The Washington Post today contains a front page article headlined "Decision to Move Detainees Resolved Two-Year Debate Among Bush Advisers." The newspaper also contains articles headlined "Bush's Detainee Plan Is Criticized; Military Lawyers and Senators Say Proposed Rules for Evidence Are Unfair" and "Guantanamo More Strict, Detainees Say; Defense Attorneys Relate Clients' 'Despair.'"

The Los Angeles Times contains articles headlined "CIA Can Still Get Tough on Detainees; New interrogation rules will apply only to the military; The harsh tactics remain secret" and "Top Military Lawyers Dislike Tribunal Plan; Bush's proposal to allow withholding evidence from suspects would preclude 'a full and fair hearing,' they say; GOP leaders work on a deal."

The Chicago Tribune reports that "Bush plan vague on torture, evidence; Tribunal judges would decide if detainees had been abused, coerced."

And McClatchy Newspapers report that "Legal experts in military object to Bush plan" and "Suspects arrived at Guantanamo in good health, commander says."
Posted at 08:10 AM by Howard Bashman



"Bush Calls For Greater Wiretap Authority; President Says Power Is Needed for Threat": This front page article appears today in The Washington Post.
Posted at 08:02 AM by Howard Bashman


"Rhode Island's Lincoln Chafee faces primary defeat": McClatchy Newspapers provide this report.
Posted at 08:00 AM by Howard Bashman


"Judges shy away from prayer ban; Panel hears Bosma's challenge to ruling that halted overtly Christian invocations": The Indianapolis Star contains this article today, along with an op-ed by columnist Matthew Tully entitled "Let's face it, prayer issue is all about, well, politics."

And The Post-Tribune of Merrillville, Indiana today contains an article headlined "Prayer in House 'free-speech issue.'"
Posted at 07:58 AM by Howard Bashman



"Court Suspends Enforcement of Indecency Ruling; Broadcasters Had Appealed FCC's Findings on 'NYPD Blue' and Other Shows": This article appears today in The Washington Post.

The Los Angeles Times reports today that "FCC's Indecency Rules Put on Hold; A court temporarily bars the agency from using stricter standards pending a challenge."

My earlier coverage is at this link.
Posted at 07:48 AM by Howard Bashman



"Beinish unanimously approved as new Supreme Court president": Haaretz provides this report.
Posted at 07:42 AM by Howard Bashman


"Court Decision Prompts S.E.C. to Revisit a Rule on Shareholder Proposals": The New York Times contains this article today.

You can access Tuesday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:40 AM by Howard Bashman



"Eavesdropping case gains steam; A judge gives a defunct Oregon charity the go-ahead on a lawsuit over private conversations": This article appears today in The Oregonian.

And today in The New York Times, Adam Liptak reports that "Judge Allows Islamic Group to Challenge Wiretapping."

I have posted online at this link a copy of yesterday's ruling of the U.S. District Court for the District of Oregon.
Posted at 07:33 AM by Howard Bashman



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