How Appealing

Monday, September 25, 2006

"Wiretap Bill Moves Closer to Passage; After Changes, Senate Holdouts Pledge Support": The Washington Post on Tuesday will contain this article.

And McClatchy Newspapers report that "Specter and Congress will finish interrogation, surveillance, immigration work."
Posted at 11:30 PM by Howard Bashman



"Tobacco Makers Lose Key Ruling on Latest Suits": This article will appear Tuesday in The New York Times.
Posted at 11:27 PM by Howard Bashman


Available online at law.com: Tony Mauro reports that "Roberts and Alito Stay in the Cert Pool."

And in other news, "Federal Judge Certifies $200 Billion Light Cigarette Class Action."
Posted at 11:22 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Senate Judiciary Panel Looks at Detainee Deal"; "Long-Awaited Detainee Deal Short on Details"; "Judges Show Skepticism in Federal Gov't Cases"; "Judge OKs Class-Action Suit by 'Light' Smokers"; and "The Judge in the Light Tobacco Case."

RealPlayer is required to launch these audio segments.
Posted at 08:40 PM by Howard Bashman



"Lawyer for Detainees Speaks on Suicides": The Associated Press provides a report that begins, "An attorney who represents several Guantanamo Bay detainees said the U.S. military is attempting to falsely link him to the suicides of three prisoners at the U.S. base to deflect blame for its own actions."
Posted at 08:25 PM by Howard Bashman


According to the ABA, he's totally unqualified, while she's only largely unqualified: The witness list for tomorrow's Senate Judiciary Committee confirmation hearing can now be accessed online at this link. Both nominees who will be the subject of tomorrow's hearing are controversial (see my earlier coverage here and here).
Posted at 05:40 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Detainee Legislation Deal Draws Protests" and "3 AOL Subscribers Sue Over Data Release."
Posted at 05:30 PM by Howard Bashman


"A Texas-Sized Standoff Over Sex Toys; In the wake of Lawrence ruling, Supreme Court to determine whether to take up state ban on adult aids": Tom Goldstein has this "Conference Call" essay (subscription required) in today's issue of Legal Times.

"SCOTUSblog" has posted a copy of the cert. petition at this link. The questions presented contain only two dildos.
Posted at 05:20 PM by Howard Bashman



"Justice Alito's First Year": From this past Saturday's broadcast of C-SPAN's "America & the Courts," "Supreme Court Justice Samuel Alito talks about his first year on the Court and his time working in the Reagan administration at the Ronald Reagan Presidential Library in Simi Valley, CA. Following Justice Alito, U.S. District Judge Joan Lefkow talks about judicial independence and congressional challenges to judicial authority." You can view the broadcast online, on-demand, by clicking here (RealPlayer required).
Posted at 04:40 PM by Howard Bashman


"Questions Linger over Detainee Compromise": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:35 PM by Howard Bashman


"Pa. Supreme Court Rejects Opportunity To Relax Its Harsh Appellate Waiver Jurisprudence": That was the title of the February 2006 installment of my "Upon Further Review" column published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

Toward the conclusion of that essay, I wrote: "The Pa. Supreme Court's recent rulings in Castillo and Schofield demonstrate the urgent need for two amendments to the Pennsylvania Rules of Appellate Procedure." I am pleased to report that Pennsylvania's Appellate Court Procedural Rules Committee last week published for comment a proposed amended version of Pennsylvania Rule of Appellate Procedure 1925 reflecting, among other changes, the very two amendments I advocated in my February 2006 essay.

And in case anyone doubts which State has the most overburdened appellate judges, the Committee Report accompanying the proposed amendment to Pa. R. App. P. 1925 states, "While other jurisdictions do not require trial court opinions, because Pennsylvania's appellate courts lead the nation in the number of appeals relative to the number of judges, the preparation of trial court opinions is deemed necessary to assist the appellate process."
Posted at 04:05 PM by Howard Bashman



"Polygamy case in court; Trio asks 10th Circuit to overturn longtime Utah ban on the practice": The Deseret Morning News today contains an article that begins, "The 10th U.S. Circuit Court of Appeals in Denver today will take up the case of three people suing for the right to become husband and wife -- and wife."
Posted at 02:23 PM by Howard Bashman


"Keep 9th Circuit Court of Appeals as one circuit": This editorial appeared yesterday in The Honolulu Star-Bulletin.
Posted at 02:11 PM by Howard Bashman


"New Report Details Shortcomings and Disturbing Background of 'Unqualified' Nominee Michael Wallace": The organizations People For the American Way and Alliance for Justice issued this press release today announcing the availability of this 37-page report.
Posted at 12:05 PM by Howard Bashman


American Bar Association retains unanimously "not qualified" rating for Fifth Circuit nominee Michael B. Wallace: The result of whatever reevaluation the ABA conducted due to President Bush's recent renomination of Wallace can be ascertained at this link.

At National Review Online's "Bench Memos" blog, Ed Whelan writes that the Senate Judiciary Committee will hold a confirmation hearing for Wallace at 3:30 p.m. tomorrow.

And yesterday, The Clarion-Ledger of Jackson, Mississippi published op-eds voicing opinions "pro" and "con" on the issue "Should Mike Wallace be confirmed to the 5th Circuit?"
Posted at 11:22 AM by Howard Bashman



Appellant's meritless motion to strike portions of the Brief for Appellee causes Seventh Circuit motions judge to deduct deduct twice the length of the motion from the permissible length of the Reply Brief for Appellant: Circuit Judge Frank H. Easterbrook issued this in chambers opinion today.
Posted at 11:14 AM by Howard Bashman


"Judge Allows Class Action Tobacco Suit": The Associated Press provides a report that begins, "A federal judge on Monday granted class action status to tens of millions of 'light cigarette' smokers for a potential $200 billion lawsuit against cigarette makers."

You can access today's ruling by Senior U.S. District Judge Jack B. Weinstein at this link (540-page PDF file).
Posted at 10:58 AM by Howard Bashman



"Hamdan and the Sunset of Sovereignty: The ill-conceived torture debate could open Pandora's box." Andrew C. McCarthy has this essay today at National Review Online.
Posted at 10:20 AM by Howard Bashman


"Critics Ready for New Detainee Treatment Bill": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

And at "SCOTUSblog," Lyle Denniston has a related post titled "Constitutional issues, post-Hamdan."
Posted at 10:15 AM by Howard Bashman



"Supreme Court ruling doesn't hold water": Hiroaki Sato has this essay about Rapanos v. United States in today's issue of The Japan Times.
Posted at 08:37 AM by Howard Bashman


"Familiar Battles: The new Supreme Court term will focus on issues that have bitterly divided the nation for many years." This article appears in the October 2, 2006 issue of U.S. News & World Report.
Posted at 08:35 AM by Howard Bashman


"Pa. Supreme Court Guilty of Political, but Not Judicial, Ineptitude; Justices ruled correctly on judicial pay raises": The brand new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 08:33 AM by Howard Bashman


"McCain Names Practices Detainee Bill Would Bar; Senator Says 3 Interrogation Methods Are Among the 'Extreme Measures' the Plan Would Outlaw": This article appears today in The Washington Post.

The New York Times reports today that "Torture Victim Had No Terror Link, Canada Told U.S."

USA Today contains an editorial entitled "Republicans heal rift, but deal on detainees falls short; As Bush, Congress rush to act, agreement smacks of a quick fix." And James S. Robbins has an op-ed entitled "Habeas corpus not needed; We didn't try prisoners during WWII; Why should we start now?"

The Wall Street Journal on Saturday contained an editorial entitled "An Antiterror Victory: The agreement on interrogations is a big favor for future Presidents."

And today in The Washington Times, Nat Hentoff has an op-ed entitled "A government of laws."
Posted at 08:30 AM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Abortion, Race Cases on High Court's Agenda."

In The National Law Journal, Mark I. Levy has an appellate-related essay entitled "Effective Briefs."

And in that same publication, John Greabe has an essay entitled "Judicial Opinion Writing: Teach it in law school."
Posted at 08:25 AM by Howard Bashman



"FBI Is Casting A Wider Net in Anthrax Attacks": The Washington Post contains this front page article today.
Posted at 08:17 AM by Howard Bashman


"Divorcing gay couples create new legal issues; Alimony, property questions have even lawyers confused": This article appears today in The San Francisco Chronicle, along with an article headlined "Same-sex marriage foes say divorces prove their point."
Posted at 08:12 AM by Howard Bashman


"State's execution method on trial; Judge to decide if injection is constitutional -- may order changes in procedure, training": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The San Jose Mercury News, Howard Mintz reports that "Death penalty goes on trial; California judge to review legality of lethal injection."
Posted at 08:10 AM by Howard Bashman



"Progress on Judicial Ethics: The judiciary takes steps in the right direction -- but not far enough." This editorial appears today in The Washington Post.
Posted at 08:02 AM by Howard Bashman


"House-Senate Disagreement Could Halt Defense Bill": The Washington Post today contains an article that begins, "House Speaker J. Dennis Hastert (R-Ill.) -- in a showdown with Senate Republicans -- has vowed he will not bring a major defense policy bill to the chamber floor this week unless Senate negotiators add a federal court security bill and a controversial House anti-illegal-immigration measure, senior House leadership aides say."

The article goes on to report that "The court measure has bipartisan support and is being pushed by Hastert and Sen. Richard J. Durbin (Ill.), the Senate Democratic leadership's second in command. It authorizes additional funding for U.S. marshals to protect the judiciary, increases penalties for crimes against federal judges, bolsters protections for jurors, and funds security enhancements at state courthouses. Those provisions were included in the Senate's version of the defense policy bill at Democrats' insistence. But support for the measure has begun to fray after House members added a provision that would allow judges to carry concealed weapons."

And in other coverage, The Chicago Tribune reports today that "D.C. dispute puts security push on hold; How to protect judges, border splits Congress."
Posted at 08:00 AM by Howard Bashman



"Cook the Books, Get Life in Prison: Is Justice Served?" The Washington Post today contains a front page article that begins, "In the category of longest prison sentence, WorldCom Inc. founder Bernard J. Ebbers recently bested the organizer of an armed robbery, the leaders of a Bronx drug gang and the acting boss of the Gambino crime family."
Posted at 07:55 AM by Howard Bashman


Twenty-five years ago today: As The Associated Press notes here, "Sandra Day O'Connor was sworn in as the first female justice on the Supreme Court."
Posted at 07:54 AM by Howard Bashman


"In Tiny Courts of New York, Abuses of Law and Power": This lengthy article appears today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"Voters get a say on land rights; State laws limit high court ruling": Today's issue of USA Today contains a front page article that begins, "Eleven states are giving voters their first chance this fall to override last year's Supreme Court ruling that allows local governments seeking more tax revenue to seize private property and give it to developers."
Posted at 07:45 AM by Howard Bashman


"U.S. Court Ruling Recognizes Hamas as Political Party": Josh Gerstein has this article today in The New York Sun.
Posted at 07:44 AM by Howard Bashman


In commentary available online at FindLaw: Michael C. Dorf has an essay entitled "The Nation's Top Military Court Rules that a Senator Cannot Wear Two Hats: Does the Ruling Call Into Question Reserve Duty by Members of Congress?"

And Thomas Healy has an essay entitled "Will the U.S. Court of Appeals for the Ninth Circuit Finally Be Split? If So, the Reason Will Be Politics, Not Caseload."
Posted at 06:45 AM by Howard Bashman



"Blawg Review #76": Available online here, at the blog "Passion, People and Principles."
Posted at 12:08 AM by Howard Bashman


"Federal judge witnessed 9/11, Murrah bombing": The Oklahoman on Sunday contained an article that begins, "The first time, the judge was knocked from his chair. He just missed getting hit by flying shards of glass from his shattered office windows as the truck bomb exploded a block away outside the Oklahoma City federal building. The second time, he was in New York, close enough to feel the rumble as a World Trade Center tower collapsed a few blocks away. He would flee around the devastation the plane hijackers wrought, along with thousands of others, walking through a fog of ash and soot that coated his skin and clothes white."

The newspaper has also posted online two audio segments from the interview, and you can access those here and here (mp3 format).
Posted at 12:05 AM by Howard Bashman



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