How Appealing

Thursday, November 15, 2007

"The tax code is nowhere near the center of my intellectual life, and generally I find estate tax law about as exciting as Hegel's metaphysical theory of the identity of opposites." So begins an interesting dissenting opinion that Eleventh Circiut Judge Ed Carnes issued today.
Posted at 11:27 PM by Howard Bashman


"State defends death penalty for child rape": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:57 PM by Howard Bashman


"Bush names 21 officials to fill Justice Dept. vacancies": Marisa Taylor of McClatchy Newspapers provides this report.
Posted at 10:44 PM by Howard Bashman


"Bush Derides Approval Process for Judicial Nominees": Holly Rosenkrantz and Greg Stohr of Bloomberg News provides this report.

The Associated Press provides reports headlined "Bush: Review of Judges Is Mean-Spirited" and "Giuliani Woos Conservatives on Judges."

And earlier today, The Hill reported that "Bush to take aim at judicial confirmation process."

You can access the transcript, along with audio and video, of President Bush's remarks via this link.
Posted at 10:37 PM by Howard Bashman



"Court throws out expansion of Pa.'s hate-crimes law": The Associated Press provides a report that begins, "A state court Thursday threw out language that expanded Pennsylvania's hate-crimes law to include crimes committed on the basis of the victim's sexual orientation or physical disabilities, because the restrictions were inserted into a bill that originally dealt with agricultural crimes."

You can access today's ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 08:28 PM by Howard Bashman



"School 'silence' rebuked; Judge bars moment in District 214 case": The Chicago Tribune today contains an article that begins, "The state's new law mandating a moment of silence at the start of the school day may be derailed after a federal judge on Wednesday blocked its imposition in one suburban district. U.S. District Judge Robert Gettleman issued a preliminary injunction barring the moment of silence in Arlington Heights-based Township High School District 214, calling it too vague and 'likely unconstitutional.' The judge made the decision after a hearing on a lawsuit brought by local atheist activist Rob Sherman over issues of separation of church and state. Sherman sued to block the moment of silence at Buffalo Grove High School, where his daughter is a freshman."

And The Chicago Sun-Times today contains an article headlined "Judge blocks moment of silence; 'It's nice to win one,' says atheist activist."

I have posted online at this link the ruling of the U.S. District Court for the Northern District of Illinois.
Posted at 08:23 PM by Howard Bashman



"ACLU seeking review of ruling on Statehouse prayer; Indiana branch wants entire appellate court to decide on challenge": The Indianapolis Star today contains an article that begins, "The ACLU of Indiana has asked the full 7th U.S. Circuit Court of Appeals to reconsider a three-judge panel's dismissal of the group's challenge to sectarian prayers at the Statehouse."

My earlier coverage of last month's Seventh Circuit ruling appears here and here.
Posted at 08:10 PM by Howard Bashman



"Anti-gay church asks federal judge to stay judgment against it; $10.9 million awarded to Marine's family": This article appeared yesterday in The Baltimore Sun.
Posted at 08:04 PM by Howard Bashman


"Court Rejects Fuel-Economy Standards": The New York Times provides a news update that begins, "A federal appeals court in San Francisco today rejected the Bush administration’s year-old fuel economy standards for light trucks and sport utility vehicles. It said the rules were not tough enough because regulators had not thoroughly assessed the economic impact of tailpipe emissions that contribute to climate change."

And The San Francisco Chronicle provides a news update headlined "Court tosses new fuel standards for SUVs, trucks, cites threat of global warming."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:55 PM by Howard Bashman



"Chicago Judge Tapped for Justice Post": Lara Jakes Jordan of The Associated Press provides a report that begins, "The White House on Thursday tapped a Chicago federal judge to assist Attorney General Michael Mukasey in overhauling the Justice Department as a new report described lagging public confidence in the agency following months of upheaval. If U.S. District Judge Mark Filip is confirmed as deputy attorney general, two former federal jurists will hold the two top Justice Department jobs. Mukasey is a retired district judge from Manhattan."

You can access today's Justice Department nominations at this link.
Posted at 07:42 PM by Howard Bashman



"Bonds indicted on perjury, obstruction of justice charges": The San Francisco Chronicle provides this news update. The newspaper has posted the federal indictment online at this link.
Posted at 07:32 PM by Howard Bashman


The White House has today announced two federal appellate court nominations: They are "Gene E. K. Pratter, of Pennsylvania, to be United States Circuit Judge for the Third Circuit, vice Franklin S. Van Antwerpen, retired" and "Rod J. Rosenstein, of Maryland, to be United States Circuit Judge for the Fourth Circuit, vice Francis D. Murnaghan, Jr., deceased." You can access the formal announcement at this link.
Posted at 07:23 PM by Howard Bashman


"Supreme Court Halts Fla. Execution": The Associated Press provides a report that begins, "The U.S. Supreme Court halted the execution of convicted child killer Mark Dean Schwab on Thursday, hours before he was scheduled to die."

And at "SCOTUSblog," Lyle Denniston has this related post.

Update: Earlier today, before the U.S. Supreme Court entered its stay of execution, the U.S. Court of Appeals for the Eleventh Circuit issued this decision setting aside the federal district court's stay of execution.
Posted at 05:35 PM by Howard Bashman



"Justice for Sale": Today in The Wall Street Journal, Justice Sandra Day O'Connor has an op-ed that begins, "Voters generally don't express much interest in the election of judges. This year, as in years past, voter turnout in elections for judges was very low. But judicial elections, which occur in some form in 39 states, are receiving growing attention from those who seek to influence them. In fact, motivated interest groups are pouring money into judicial elections in record amounts. Whether or not they succeed in their attempts to sway the voters, these efforts threaten the integrity of judicial selection and compromise public perception of judicial decisions."
Posted at 05:33 PM by Howard Bashman


"Nursing home infidelity bittersweet but common": The Toronto Globe and Mail today contains an article that begins, "Sandra Day O'Connor retired from the U.S. Supreme Court last year to care for her husband, John, who has Alzheimer's disease. Now he's fallen in love with another woman - and his wife approves."
Posted at 05:30 PM by Howard Bashman


"Federal Grand Jury Indicts Barry Bonds": The Associated Press provides a report that begins, "Barry Bonds was indicted Thursday on perjury and obstruction of justice charges, culminating a four-year federal investigation into whether he lied under oath to a grand jury looking into steroid use by elite athletes. The indictment came three months after the 43-year-old Bonds passed Hank Aaron to become baseball's career home run leader. Bonds parted ways with the San Francisco Giants after the season."
Posted at 05:25 PM by Howard Bashman


Programming note: My day job will have me in federal court in Philadelphia for much of the day. Additional posts will appear here later today.
Posted at 06:42 AM by Howard Bashman


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