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Saturday, December 31, 2005 "Batting About .500 on Review; Sometimes High Court Agreed With Alito, Sometimes Not": This article will appear Sunday in The Washington Post. Posted at 10:12 PM by Howard Bashman "A New Justice, an Old Plea: More Money for the Bench." In Sunday's edition of The New York Times, Linda Greenhouse will have an article that begins, "Chief Justice John G. Roberts Jr., delivering his first year-end report after three months on the job, took up the call often heard from his predecessor for increased pay for federal judges." Posted at 08:20 PM by Howard Bashman "Alito, In and Out of the Mainstream; In Analysis, Nominee Defies Portrayals by Left and Right": This lengthy front page article will appear Sunday in The Washington Post. Accompanying the article are an item headlined "About the Analysis"; some charts; "Alito's Votes by Case"; and "Alito's Votes by Issue." The blog "Underneath Their Robes" is no longer underneath the thumb of the U.S. Department of Justice: David B. Lat, who blogged under the pseudonym "Article III Groupie," is no longer employed by the Article II U.S. Department of Justice. The Newark (N.J.) Star-Ledger today contains an article headlined "Mystery blogger quits U.S. Attorney's Office; Spokesman: Author of spicy judiciary Web column not forced out." And, in an amazing coincidence, the blog "Underneath Their Robes" is now back online. It is too soon to know whether new substantive posts will be appearing online at "UTR." Lat, who ironically just left essentially the same job as an appellate attorney with the New Jersey U.S. Attorney's Office that U.S. Supreme Court nominee Samuel A. Alito, Jr. once held in the late 1970s, may find it difficult to refrain from blogging Judge Alito's confirmation hearing, which is scheduled to get underway in a little over one week from now. I would have posted about this news sooner, except that I coincidentally spent most of the day in snowy northern New Jersey, where word on the street was that Lat may also soon be operating a second blog under the pseudonym "Guy Who Really, Really, Honest to Goodness Wasn't Fired for Secretly Operating a Gossipy Blog about the Federal Judiciary while Employed as an AUSA." Update: In regional coverage from The Associated Press, "Author of sassy judiciary Web log leaves U.S. Attorney's Office." The nationwide AP article is currently headlined "Spicy Blogger Leaves Attorney's Office." Elsewhere in the blogosphere, you can access coverage from "Althouse," "Appellate Law & Practice," "Blawg Review," "Concurring Opinions," "The Volokh Conspiracy," and "Workplace Prof Blog." "School officials will pay for D.C. trip": The Trenton Times today contains an article that begins, "Stung by accusations they were abusing the public trust, school officials said yesterday they will not use district money to pay for their upcoming trip to Washington, D.C., for the Supreme Court confirmation hearings of Judge Samuel A. Alito Jr. Now they will pay for the trip with their own money." Posted at 08:35 AM by Howard Bashman Best wishes for a happy, healthy, and rewarding 2006: Thanks so much to the thousands upon thousands of readers who visited "How Appealing" in 2005, and extra special thanks to those of you who took the time to email information, ideas, links, or attachments that led to postings here. 2006 promises to be an exciting year for this web log. Before the end of April, this site will experience a redesign and will also move to a new online address. Those who arrive here via appellateblog.com will continue to be taken directly to this blog's updated front page, while I'll do my best to provide plenty of notice for everyone else. On January 9, 2006, the confirmation hearing for U.S. Supreme Court nominee, and the Third Circuit's own, Samuel A. Alito, Jr. will begin. Stay tuned for complete coverage. Also on that date, I'll officially become a weekly columnist for law.com. So, instead of not having anything to write about once a month, as evidenced by five years' worth of columns for The Legal Intelligencer, I'll get to experience that panic four times as often. At least the pay will be infinitely better. 2005 included blog-related speaking trips to California, Illinois, Massachusetts, Michigan, and Texas. Thanks to all of the fans of this site who took the time to visit with me and make those trips so memorable. 2005 also marked the first full year in which my solo appellate boutique was in operation, and this year's results far exceeded my law firm's fine results from 2004. Being able to practice appellate litigation at an office located five minutes from home for a most appreciative and diverse collection of clients is an incredibly rewarding experience. And I offer special thanks to those readers of this blog who sent appellate work to me in 2005. In May 2006, "How Appealing" will celebrate its fourth anniversary. When I began this blog on May 6, 2002, I had no idea I was on the verge of creating a site that would turn out to be the one place on the internet where information is transmitted instantaneously to this Nation's entire community of appellate judges and practitioners, not to mention federal judicial nominees, journalists, law professors, and law students. It is both an honor and a responsibility to be the author of this site, and I can only hope that in the future I will perform that function at least as well as I have in the past. In conclusion, I wish all the best for 2006 to all of this web log's many readers. Thank you for encouraging me in this endeavor and for making it worthwhile. "A Chorus of Hoover Critics; More conservatives join the call to take his name off the FBI Building": The Los Angeles Times today contains an article that begins, "Every year for the last three years, Rep. Dan Burton, a Republican from Indiana, has introduced a bill to strip J. Edgar Hoover's name from the FBI's headquarters -- an initiative that has been largely ignored. Now, however, amid headlines about possibly illegal government surveillance of Americans inside the United States, the effort to rename the Hoover building is starting to attract more supporters, most recently U.S. Circuit Judge Laurence H. Silberman, a Republican who was a leader of the presidentially appointed commission on pre-Iraq-war intelligence." Posted at 08:02 AM by Howard Bashman "California nominee for top court praised": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 08:00 AM by Howard Bashman Friday, December 30, 2005 "Hinckley Can Leave D.C. Area for First Time; Judge Allows Va. Visits For Reagan Assailant": This article will appear Saturday in The Washington Post. Posted at 10:52 PM by Howard Bashman In Saturday's edition of The New York Times: An article will report that "Criminal Inquiry Opens Into Spying Leak." Neil A. Lewis will have an article headlined "Padilla Lawyers Urge Supreme Court to Block Transfer." And Adam Liptak will have an article headlined "So, Guy Walks Up to the Bar, and Scalia Says...." A related graphic is here. "Facts Still in Dispute in Evolution Sticker Case; 11th Circuit seeks Georgia board's timeline of disclaimer program": law.com provides this report. Posted at 10:40 PM by Howard Bashman "Dover and Out: The Dover ruling sends a message across the country." Jerry Coyne has this essay (pass-through link) online at The New Republic. Posted at 05:25 PM by Howard Bashman Jose Padilla is willing to stay in military custody for a few more weeks if that's what it takes to get his cert. petition granted: Padilla's attorneys this afternoon filed this response in the U.S. Supreme Court to the federal government's "Application Respecting the Custody and Transfer of Jose Padilla." Update: At "SCOTUSblog," Lyle Denniston has a post titled "Padilla urges Court to wait on release." Chief Justice John Jay bobblehead doll not included: You can preview The Green Bag Almanac and Reader 2006, which is scheduled to be available for purchase in just a few weeks, by clicking here. Posted at 03:45 PM by Howard Bashman "What Is 'Cruel and Unusual'?" Benjamin Wittes has this article in the December 2005/January 2006 issue of Policy Review, a publication of the Hoover Institution. The essay begins, "The Eighth Amendment is a jurisprudential train wreck. Its proudly humane language banning 'cruel and unusual punishments' may remain among the Bill of Rights' most famous sound bites, but nobody today has the faintest clue what it means. The reason is as simple as it is sad: The Supreme Court's case law has left the amendment without coherent meaning." Thanks to "Sentencing Law and Policy" for the pointer. "Since a jury verdict must be unanimous, a jury united as to guilt but divided as to an affirmative defense (such as insanity) is necessarily a hung jury." Circuit Judge Alex Kozinski, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, issued this interesting opinion today. In the opinion, the Ninth Circuit answers in the affirmative the question "whether a jury must unanimously reject an affirmative defense before it can find a defendant guilty." Posted at 02:00 PM by Howard Bashman "Justices say spanking went overboard": The Justices serving on the Supreme Court of South Dakota know an unreasonable spanking when they see it, The Associated Press reports here. Wednesday's ruling can be accessed at this link. Posted at 11:45 AM by Howard Bashman "Trademark office OKs 'Dykes on Bikes'; Motorcycle group's name on its way to becoming registered": This article appeared earlier this month in The San Francisco Chronicle. And The Bay Area Reporter contains an article headlined "Dykes on Bikes scores legal win." The trademark application's current status can be accessed here. Posted at 11:28 AM by Howard Bashman Supreme Court of Pennsylvania reaffirms harsh, bright-line appellate waiver ruling, even though that approach is contrary to the applicable Pennsylvania Rule of Appellate Procedure: My monthly appellate column from June 2004, titled "Waiving Goodbye To Your Best Issues On Appeal," provided this background: Pennsylvania Rule of Appellate Procedure 1925(b) provides that after a party files a notice of appeal, the trial court "may enter an order directing the appellant to file of record in the lower court and serve on the trial judge a concise statement of the matters complained of on the appeal.... A failure to comply with such direction may be considered by the appellate court as a waiver of all objections to the order, ruling or other matter complained of."Yesterday, the Supreme Court of Pennsylvania issued two rulings that reaffirmed, by identical votes of 6-1, the court's 1998 decision in Lord. Both of yesterday's rulings are available online (first majority opinion; first dissenting opinion; second majority opinion; second dissenting opinion). Posted at 11:15 AM by Howard Bashman "Should the 9th Circuit be split?": Law Professor Carl W. Tobias has this op-ed today in The Washington Times. Posted at 11:04 AM by Howard Bashman "Court upholds GM on religion; No bias in refusal of Christian group": The Chicago Tribune today contains an article that begins, "A born-again Christian who sued General Motors Corp. when the automaker denied his request to form a company-sponsored Christian group lost his appeal Thursday in a lawsuit claiming religious discrimination." And The Associated Press reports that "Court Rules GM Program Not Discriminatory." My earlier coverage of yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit can be accessed here. "In 2005, the California Supreme Court issued decisions in 26 death penalty appeals, affirming all 26 death sentences." So begins this post today at "Criminal Appeal." Posted at 10:24 AM by Howard Bashman "Fort Trumbull: City Still Unsure Where Gov. Rell Stands On Plan." The Day of New London, Connecticut today contains an article that begins, "City officials continue to grapple with what some see as mixed signals from the administration of Gov. M. Jodi Rell about her support for the redevelopment of the Fort Trumbull neighborhood." Posted at 10:00 AM by Howard Bashman In today's edition of The Boston Globe: An article reports that "Same-sex couple's lawsuit a test of tolerance in Ireland; Tax case seeks marital recognition." And Law Professor Charles Fried has an op-ed entitled "The case for surveillance." "Green groups oppose Alito bid": The Washington Times contains this article today. Posted at 07:33 AM by Howard Bashman "Woman files suit over sex assault; Nineteen-year-old seeks unspecified damages from Gregory Haidl, his two friends, his father and others": This article appears today in The Orange County Register. And The Los Angeles Times reports today that "O.C. Sex Assault Victim Sues Her 3 Attackers." "Democrats Try To Block Kavanaugh Bid": The New York Sun today contains an article that begins, "With so much attention focused on Supreme Court nominee Samuel Alito, President Bush's lower-court nominees have drawn relatively little notice in recent months. But a quiet maneuver last week by Senate Democrats aimed at blocking one of the president's closest advisers from the federal bench has set the stage for a potentially ferocious battle early next year." Posted at 07:18 AM by Howard Bashman Thursday, December 29, 2005 "Magna Cum Saudi": This Solomon Amendment-related editorial appears today in Investor's Business Daily. The editorial begins, "Representatives of autocratic theocracies that finance terror, oppress women and consider homosexuality a capital crime are welcomed at Harvard and other campuses. But not the U.S. Marines." Posted at 10:33 PM by Howard Bashman "U.S. Marshals Provide Wide Range of Services": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 10:20 PM by Howard Bashman Available online from law.com: Mary M. Cheh has a commentary entitled "After 25 Years of Work, Conservatives Demand Their Justices." Posted at 10:15 PM by Howard Bashman Is the very existence of the Oregon Court of Appeals unlawful? Not surprisingly, the judges on that court don't seem to think so: The blog "OrCon Law" offers a post titled "Oregon Court of Appeals Confirms its own Existence" about this ruling issued yesterday. Posted at 09:10 PM by Howard Bashman Bork sued by two girls who were suspended from a Christian high school on suspicion that they were lesbians: The Press-Enterprise of Riverside, California last week published articles headlined "Ousted girls sue church school; The lawsuit says they were suspended because the principal suspected they were gay" and "Judge: Teens' names cannot be released; Two girls say a private school expelled them because they were suspected of being gay." Defendant Bork is not former D.C. Circuit Judge Robert H. Bork; rather, it's the school's principal, Pastor Gregory Bork. In other coverage, The Associated Press reports that "Calif. Teens Accused of Being Lesbians Sue." "Slate's Jurisprudence: The Year In Law." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 04:28 PM by Howard Bashman Delaware-based U.S. District Court properly denied confirmation of Armstrong World Industries' bankruptcy reorganization plan, U.S. Court of Appeals for the Third Circuit rules: Those interested in asbestos-related bankruptcy proceedings and/or the law of "cram down" may find today's ruling of interest. Posted at 04:15 PM by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the Seventh Circuit: Notwithstanding recent coverage in The New York Times, the problem persists. Today, Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, issued an opinion that begins, "At the risk of sounding like a broken record, we reiterate our oft-expressed concern with the adjudication of asylum claims by the Immigration Court and the Board of Immigration Appeals and with the defense of the BIA's asylum decisions in this court by the Justice Department's Office of Immigration Litigation." And a separate ruling issued today holds that General Motors' Affinity Group Guidelines, which prohibit the conferral of Affinity Group status on any group promoting or advocating a religious position, did not constitute discrimination on the basis of religion by GM against an employee who sought to initiate a Christian Employee Network. "Like the wheels on a bus, this issue has gone round and round the bankruptcy courts." The U.S. Court of Appeals for the Fifth Circuit yesterday issued an opinion (posted online today) that begins: This case concerns the classification of a school bus under the Louisiana statute that outlines exemptions available in a bankruptcy. Specifically, the question is whether a school bus is a tool or a motor vehicle under the state's exemption statute. Like the wheels on a bus, this issue has gone round and round the bankruptcy courts. For the reasons stated below, we hold that a school bus is a motor vehicle under Louisiana's exemption statute.Circuit Judge Fortunato P. Benavides is the opinion's author. Posted at 04:00 PM by Howard Bashman Attorney's willful failure to pay income taxes did not justify order disbarring him from practice in the U.S. District Court for the Eastern District of Virginia, Fourth Circuit panel rules: Today's ruling of the U.S. Court of Appeals for the Fourth Circuit -- holding that willful failure to pay income taxes is not a "serious crime" -- can be accessed here. Posted at 03:50 PM by Howard Bashman "Adult store gives up 6-year fight; The city said Christal's was in a prohibited area; Its owners lost a U.S. Supreme Court ruling in 2004 but kept fighting; Mounting fines apparently led to the closure": The Denver Post contains this article today. The U.S. Supreme Court's ruling from June 2004 can be accessed here. Posted at 03:40 PM by Howard Bashman "Flour in condoms sent her to jail; A college student spent 3 weeks in jail after a field test said she was carrying drugs; She filed a lawsuit": This article appears today in The Philadelphia Inquirer. Posted at 02:14 PM by Howard Bashman "The Professor of Terror: Why Sami al-Arian got off this time." Ronald Radosh has this essay in the January 2, 2006 issue of The Weekly Standard. Posted at 02:00 PM by Howard Bashman "Hunt is on for the blawgger of Ealing; An anonymous London magistrate is lifting the lid on what the courts are really like": The Times of London today contains this article reporting on the blog "The Law West of Ealing Broadway." The article begins, "It is a question that is exercising some of Britain's greatest legal minds: who is the blogging magistrate from West London baring almost all in his online diary?" The article closes with a note recounting the story of Article III Groupie and the now-defunct "Underneath Their Robes" blog. Posted at 01:54 PM by Howard Bashman "Disability act raised in capital case; Condemned inmate's lawyers raise novel angle in appeal to governor": The Sacramento Bee today contains an article that begins, "State executioners will be violating the Americans with Disabilities Act if they make the aged and infirm Clarence Ray Allen walk the final steps to his death, the condemned murderer's attorneys say." Posted at 01:38 PM by Howard Bashman Death and taxes: Back in September 2004, "TaxProf Blog" had a post titled "District Court Stops Sale of 'Tax Toolbox.'" Today the "Tax Toolbox" is one step closer to death as the U.S. Court of Appeals for the Sixth Circuit has issued a ruling affirming the permanent injunction that prohibits its creator from promoting, marketing or selling the program. Some additional information is available in this USDOJ press release from September 2004. Posted at 11:48 AM by Howard Bashman Colorado-based federal district judge preliminarily enjoins certain federal regulations imposing record-keeping requirements on the producers of pornography: The Free Speech Coalition has issued a press release entitled "Judge Miller Has Issued a Ruling on Plaintiff's Motion for a Preliminary Injunction in Free Speech Coalition v. Gonzales." You can access yesterday's ruling of the U.S. District Court for the District of Colorado at this link. Adult Video News reports that "Judge Rules in Favor of Industry On 2257 Case." And The Associated Press provides additional coverage. "New Papers Released on Supreme Court Nominee Alito": This segment (RealPlayer required) featuring Tom Goldstein appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:12 AM by Howard Bashman "Judge Alito and Executive Power": At "Balkinization," Sandy Levinson has a post this morning that begins, "Samuel Alito may turn out, perhaps fortunately for the rest of us, to be a victim of cruel fate, being the wrong person in the wrong place at the wrong time." Posted at 07:20 AM by Howard Bashman "Alito Urged Government Not to Appeal Black Panther Case": Charles Lane has this article today in The Washington Post. In The Boston Globe, Charlie Savage reports that "Black Panther case shifts a debate on Alito; Nominee once argued that civil rights suit shouldn't be blocked." The newspaper also contains an editorial entitled "Scales of justice tipped." The Newark (N.J.) Star-Ledger reports that "Alito urged U.S. to back off plea in Panther case." In The Pittsburgh Post-Gazette, Michael McGough reports that "Feds release more Alito files as Reagan aide." The New York Sun reports that "Documents Show Alito As Cautious." The Washington Times reports that "New documents show Alito challenged Justice bosses." The Trenton Times reports that "Trip to Alito hearings draws fire." And The Associated Press reports that "Former Students Say Alito Is Open-Minded." The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Justices Are Asked to Act on Padilla" and "Gospel According to Gullah; In the Sea Islands off South Carolina, descendants of slaves help translate the Bible into the rich language of their ancestors." Posted at 07:04 AM by Howard Bashman "Pacific Bell bias verdict upheld; Company denied job to ex-mental patient": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 06:58 AM by Howard Bashman In today's edition of The Chicago Tribune: Jan Crawford Greenburg has a lengthy article headlined "How focus on Roe pushes aside other court issues." In other news, "When jail time just won't do, the judge may opt to humiliate you." And an article reports that "Prosecutor to fight strip-search court ruling; Will County Jail frisks called unconstitutional." "Chief justice transformed bench; Under his leadership, Supreme Court gave states' rights a boost": Today in USA Today, Joan Biskupic has an article that begins, "In the fall of 1971, William Rehnquist was a Justice Department lawyer known for his disdain for Supreme Court rulings that he believed coddled criminal defendants." Posted at 06:44 AM by Howard Bashman Wednesday, December 28, 2005 "Jury Award Is Upheld in Firing Case": In Thursday's issue of The New York Times, Adam Liptak will have this article about the recent Ninth Circuit ruling that I noted here yesterday. And in other coverage, David Kravets of The Associated Press reports that "Court upholds $500,000 jury award to one-time mentally ill man." Posted at 11:30 PM by Howard Bashman "Death Row Inmate Campaigns Against Alito's Nomination to Court": This article will appear in Friday's issue of The Forward. Posted at 10:20 PM by Howard Bashman "Supreme Court Is Asked to Rule on Terror Trial": The New York Times on Thursday will contain an article that begins, "The Bush administration asked the Supreme Court on Wednesday to allow for the immediate transfer of Jose Padilla from a military brig to civilian custody to stand trial on terrorism charges, a move that came in response to an appellate court ruling last week that blocked the transfer." And The Washington Post on Thursday will report that "U.S. Defends Conduct in Padilla Case; Supreme Court Asked To Overrule 4th Circuit." "Alito Writings Fuel Debate Over High Court Nomination": This segment (transcript with link to audio) featuring Stuart Taylor Jr. and Jeffrey Rosen appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 10:10 PM by Howard Bashman Available online from law.com: An article reports that "'Functionality' of Hooters Girls at Issue in IP Appeal." And in other news, "Winning Intelligent Design Case Puts Plaintiffs Attorneys in Public Eye." "Top court's Judge Smith works outside the box": The Rochester Democrat and Chronicle yesterday contained an article that begins, "On more than one occasion when the partners of the hotshot Paul, Weiss Manhattan law firm sat down to vote, Robert S. Smith found himself on the wrong end of a 99-to-1 tally. That pattern hasn't changed much since Smith became a judge on New York's top court." Posted at 08:20 PM by Howard Bashman "Chief Justice Roberts wins early praise; Lighter tone, camaraderie at U.S. Supreme Court": CNN.com provides this report. Posted at 08:11 PM by Howard Bashman "New Papers Reinforce Alito's Judicial Conservatism": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 07:55 PM by Howard Bashman "Group defies artifacts order": The Honolulu Advertiser today contains an article that begins, "The leader of a Native Hawaiian organization yesterday was ordered jailed by U.S. District Judge David Ezra until the precise whereabouts of 83 priceless cultural artifacts are disclosed or the items are recovered." And The Honolulu Star-Bulletin today reports that "Hui Malama leader in jail for 'indeterminate amount of time'; The group refuses to reveal the location of artifacts during an emotional hearing." So you're traveling to New Orleans for a Fifth Circuit oral argument? The web site of the U.S. Court of Appeals for the Fifth Circuit provides these travel tips. And yesterday's official New Orleans situation report is available here. Posted at 04:55 PM by Howard Bashman "Government seeks Padilla's transfer": At "SCOTUSblog," Lyle Denniston has this new post reporting on today's developments in the case. Update: Via "PrawfsBlawg," you can access a copy of today's filing by the Solicitor General at this link. "Book violated McKennitt's privacy, judge rules; Decision in the case of the singer's former friend may give celebs more protection of their private -- and public -- lives": The Toronto Globe and Mail today contains an article that begins, "Virtually unseen, a British court has issued a judgment in a case involving Canadian folk icon Loreena McKennitt that may have far-reaching implications for biographers, photographers and journalists." In other coverage, The Hampstead and Highgate Express (UK) on Saturday contained an article headlined "Landmark ruling in writer's battle with music icon" that begins, "A judge has made a landmark ruling on a privacy case which is likely to have major repercussions for authors and journalists everywhere." Canadian Press reports that "Loreena McKennitt wins London privacy case against former friend." And CBC News reports that "Publicity-shy singer wins privacy claim." "More Documents Detail Judge Alito's Legal Views": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 03:10 PM by Howard Bashman In news from Boston: The Boston Herald today reports that "Palatial SJC may get pricier: Builders seek $40M more for courthouse." And The Boston Globe reports today that "SJC bars a type of prints at trial; Ruling a setback for forensic tool." You can view yesterday's fingerprint-related ruling of the Supreme Judicial Court of Massachusetts at this link. The Associated Press is reporting: Jesse J. Holland has an article headlined "Alito Advised Against Panther Case Appeal." And in other news, "Padilla's Lawyers Ask for Review of Powers" and "Lawyer Questions Evidence in Terror Case." "A constitutional duty to recuse?" At "SCOTUSblog," Lyle Denniston has a post that begins, "Should an elected judge, who accepts large campaign donations, sit on a case that directly affects the financial or business interests of the donors and their associates?" My earlier coverage of this matter can be accessed here and here, and I discussed the question in my article published in the Spring 2005 issue of The Journal of Appellate Practice and Process. Earlier this month, The Chicago Tribune published an article headlined "Philip Morris law firms, supporters backed judge" that begins, "Lawyers for Philip Morris USA contributed $16,800 to help elect a judge who cast a deciding vote in Thursday's Illinois Supreme Court decision favoring the tobacco giant. The judge also received $1.2 million in campaign money from a group that filed an amicus brief supporting the cigarette-maker. Yet no one suggested that Judge Lloyd Karmeier recuse himself from a closely watched case in which he voted with three others to strike down a $10.1 billion judgment, handing a huge victory to Philip Morris." "Ohio Judge Reprimanded for Drunk Driving": The AP provides a report that begins, "A panel of state appellate judges publicly reprimanded Ohio Supreme Court Justice Alice Robie Resnick on Wednesday, saying her drunken driving conviction violated the state's judicial code of conduct." Posted at 10:54 AM by Howard Bashman "300 More Alito Documents Released": The Associated Press provides this report. Posted at 10:45 AM by Howard Bashman "Next in line on Death Row seeks stay of execution; 76-year-old Allen is blind and crippled, his lawyers say": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 10:40 AM by Howard Bashman "Luttig Blocks Bush's Detainee Dodge: A federal appeals court rebukes the president for evading Supreme Court review." Jacob Sullum has this essay online today at Reason. Posted at 10:35 AM by Howard Bashman "Court to rule on raises' legality; Top justices also take case of judge who wants state hikes reinstated": This article appears today in The Harrisburg Patriot-News. The Philadelphia Inquirer reports today that "Top court will hear pay-raise lawsuits; It will judge both the act increasing salaries, and the one repealing the raises; The issue is mired in politics." The Pittsburgh Post-Gazette reports that "Pa. Supreme Court to rule on legality of pay raise." And The Pittsburgh Tribune-Review reports that "Pay-raise suit on to high court." U.S. District Court enters order in state prisoner's habeas corpus case reopening time to appeal until February 27, 2004, prisoner files notice of appeal on February 26, 2004, and yet today the U.S. Court of Appeals for the Sixth Circuit holds that the appeal came two days too late: You can access today's Sixth Circuit ruling dismissing the appeal for lack of appellate jurisdiction at this link. Posted at 10:25 AM by Howard Bashman "Judge voids order against Letterman": This article appears today in The Santa Fe New Mexican. Posted at 09:18 AM by Howard Bashman Access online the documents pertaining to U.S. Supreme Court nominee Samuel A. Alito, Jr. that the National Archives has just released: They are available via this link. Posted at 09:00 AM by Howard Bashman "Jersey appeals panel cites employer in child-porn lawsuit": The Newark Star-Ledger today contains an article reporting on a decision that the New Jersey Superior Court, Appellate Division, issued yesterday. According to the article, "The 31-page decision could potentially be a landmark ruling for corporations about how to handle Internet privacy issues in the workplace. The wide-ranging opinion clearly puts the burden on employers to investigate reports of Internet abuse by workers." Posted at 07:14 AM by Howard Bashman "Alito sought consensus as chairman of federal rules committee": Robert Schwaneberg has this article today in The Newark Star-Ledger. The Trenton Times reports today that "Old-times pal will stump for Alito." The Argus Leader reports that "State senator proposes resolution backing Alito; S.D. vote would do nothing, Democrat says." In The Los Angeles Times, Dahlia Lithwick has an op-ed entitled "Justice vs. politics." And in The Rochester Democrat and Chronicle, Bernie Todd Smith and Virginia Hoveman have an op-ed entitled "Alito's Supreme Court nomination endangers reproductive rights." "Jailed for their words: A law passed during World War I pitched Montanans into prison for critical remarks; law students are seeking clemency for them." This article appears today in The Chicago Tribune. Posted at 07:00 AM by Howard Bashman "Britain Appeals Terror Suspect Citizenship": The Associated Press provides a report that begins, "Britain has appealed a court decision that would confer citizenship on an Australian terror suspect seeking to change his nationality in hopes of securing his freedom from the U.S. prison camp at Guantanamo Bay, a Home Office official said Tuesday." Posted at 06:54 AM by Howard Bashman "Roberts leads court with wit, aggressiveness": Joan Biskupic has this article today in USA Today. Posted at 06:50 AM by Howard Bashman "High Court Urged to Hear Padilla Case; U.S. Citizen Has Been Held Since 2002, Indicted Last Month on Terrorism Charges": The Washington Post contains this article today. Posted at 06:44 AM by Howard Bashman Tuesday, December 27, 2005 "ACLU suit challenges classroom Pledge of Allegiance law": This article appeared last Friday in The South Florida Sun-Sentinel. And today, that newspaper contains an editorial entitled "Free Speech: A local teen is suing for the right to sit down during the Pledge of Allegiance." Posted at 11:15 PM by Howard Bashman Available online from law.com: Justin Scheck reports that "Rehiring Falls Under ADA, 9th Circuit Rules." And in other news, from California, "Pot Club Lawyers File Motions to Dismiss Over 'Selective Prosecution.'" "Defense Lawyers in Terror Cases Plan Challenges Over Spy Efforts": This article will appear Wednesday in The New York Times. Posted at 11:00 PM by Howard Bashman "Padilla tells Court of 'manipulation'": At "SCOTUSblog," Lyle Denniston provides this post. Posted at 10:50 PM by Howard Bashman "Business Has Nice Words To Say About Supreme Court Nominee": Investor's Business Daily provides this report. Posted at 10:48 PM by Howard Bashman Was it Sarah Silverman who said, during the Roast of Pamela Anderson, that Pam's "true hair color is bald"? Indeed so (QuickTime required; link not safe for work, and one might find Ms. Silverman's remarks offensive). Yet, according to The Associated Press, "Bald is hair color in Montana." In any event, this evening law.com offers an AP article headlined "Playmate Gets a Boost From Bush in Supreme Court Fight." Reacting to that news, "Wonkette" offers this post. Crooks likely to remain on Supreme Court of Wisconsin: The Associated Press reports that "State justice remains unopposed; Challengers for Crooks have week to enter election race." And The Wisconsin State Journal today contains an editorial entitled "Wanted: Supreme Court candidates." "Death-Row Septuagenarian Seeks Clemency": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 10:02 PM by Howard Bashman "National Archives Opens Additional Samuel Alito Records": The documents will be made available online tomorrow at 9 a.m. eastern time, according to this press release from the U.S. National Archives and Records Administration. By the way, has anyone figured out why it would irreparably harm the federal government's ability to obtain frank and honest legal advice if a D.C. Circuit nominee's Solicitor General files are opened to the press and the public, but not if a U.S. Supreme Court nominee's Solicitor General files are opened to the press and public? In other words, does the executive branch's willingness to open otherwise secret files depend on the post to which a judicial nominee has been proposed for, or is there some greater principle at work here that I haven't yet discerned? "Secret court modified wiretap requests; Intervention may have led Bush to bypass panel": This article appeared Saturday in The Seattle Post-Intelligencer. Posted at 08:52 PM by Howard Bashman "DJ's lawsuit award isn't so sweet anymore; Former WYCD host's lawyer will fight federal judge's trim of $10.6M verdict to $814,000": The Detroit News today contains an article that begins, "An ex-country music DJ's court victory -- in which she won $10.6 million after she claimed she was sickened by a fellow radio host's use of French perfume -- no longer smells as sweet." Posted at 08:50 PM by Howard Bashman News updates available online from The Legal Intelligencer: Asher Hawkins reports that "State High Court to Hear King's Bench Pay Raise Appeal." And Gina Passarella reports that "Lawyers Discuss Their Roles In Intelligent Design Case." And the judge's ruling was replete with coded messages: The Associated Press reports that "Restraining Order Against Letterman Tossed." Posted at 05:45 PM by Howard Bashman Divided three-judge Ninth Circuit panel affirms finding of Americans with Disabilities Act violation against PacBell for refusing to reinstate a service technician who did not disclose on his employment application that he had been found not guilty of attempted murder by reason of insanity: That'll teach the phone company to only ask prospective employees "Have you ever been convicted of, or are you awaiting trial for a felony or misdemeanor?" You can access today's Ninth Circuit ruling at this link. Circuit Judge Consuelo M. Callahan's dissenting opinion begins, "As presented to us, this case requires that Pac Bell reinstate as a service technician a person it believes may pose a danger to its customers. I dissent because unless it is determined that Pac Bell's concern that Josephs is dangerous is unreasonable, Pac Bell should not be required to send him into its customers' homes." The decision is also interesting because it upholds liability on a "regarded as" disabled claim. Pepsi Free plus seawater equals COGSA claim: Pepsi Free, as its name implies, ought to be free of seawater. Yet a shipment of Pepsi Free concentrate -- traveling by boat from Puerto Rico to Elizabeth, New Jersey (also known as Sam Alito country) -- became submerged under seawater during the journey. Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit, in an opinion by Circuit Judge Guido Calabresi, examines whether the claim brought by Pepsi's insurer against the shipper was properly dismissed. Posted at 05:30 PM by Howard Bashman "Pa. Supreme Court takes up pay-raise lawsuits": The Associated Press provides a report that begins, "The Pennsylvania Supreme Court has agreed to consider whether the pay raise law that passed last summer -- and was repealed last month -- was constitutional, and whether state and county judges should get the additional salary anyway." And in somewhat related news coverage, The Philadelphia Inquirer on Sunday contained an article headlined "Rendell's high court pick: A respected jurist; Smart, energetic, not political, associates say; Cynthia Baldwin would replace the ousted Nigro." I'm not the only person filing an appellate brief today: Moments ago, Jose Padilla filed in the U.S. Supreme Court this reply brief in support of his petition for writ of certiorari. His petition for writ of certiorari and the federal government's brief in opposition thereto are also available online. Posted at 03:45 PM by Howard Bashman In news from Canada: The Toronto Globe and Mail today contains a front page article headlined "Liberal resigns over vulgar blog; Executive VP of Ontario wing posted racially charged remarks about candidates." The Ottawa Citizen reports today that "Senior Liberal resigns over 'tasteless' blog; Party organizer compared NDP's Olivia Chow to a dog." CBC News reports that "Liberal executive resigns after disparaging NDP politicians on blog." And Canadian Press reports that "Liberal exec resigns amid blog controversy." "Ala. Governor's Race Is Must-See Politics": The Associated Press provides a report that begins, "The cast: A Republican incumbent who alienated his base with a proposal to raise taxes. A chief justice who lost his job over his Ten Commandments stand. A former governor under indictment. A lieutenant governor who helped her ex-husband run for governor." Posted at 11:40 AM by Howard Bashman "Tax Court Reinstates Trial Judge's Report in Ballard & Kanter": "TaxProf Blog" provides this post, following up on a decision that the U.S. Supreme Court issued earlier this year. Posted at 11:38 AM by Howard Bashman "If you cherish your rights, this nominee bears questioning": Today's edition of USA Today contains an editorial that begins, "When Samuel Alito was a Justice Department lawyer in the 1980s, he wrote that he saw no legal problem with a police officer shooting and killing an unarmed 15-year-old who was fleeing from a $10 burglary." Posted at 11:33 AM by Howard Bashman In today's edition of The Boston Globe: Charlie Savage has an article headlined "Foes cite Alito's stance on liberty; Say he targeted issue key to Roe." And Washington Bureau Chief Peter S. Canellos has an essay entitled "Bush's counsel on spying now under close scrutiny." "Justices brave the DeLay show; The U.S. Supreme Court will review cases that revolve around Tom DeLay's effort to overturn a court-ordered redistricting plan for Texas": The St. Petersburg Times contains this editorial today. Posted at 11:22 AM by Howard Bashman "Senate Confirms Seven Judges in Waning Hours of Session; But Nomination of Controversial Justice Department Official Is Returned to Bush": This article appeared Friday in The Metropolitan News-Enterprise. Posted at 11:15 AM by Howard Bashman Still to come -- the D.C. Circuit's ruling against Judicial Watch, Inc. in a lawsuit against the judiciary: Last Friday, as I then noted here, the D.C. Circuit ruled against Judicial Watch, Inc. in a lawsuit against the U.S. Senate. Today, the D.C. Circuit has ruled against Judicial Watch, Inc. in a lawsuit the group brought against the U.S. Department of Justice, which of course is part of the executive branch. You can access today's ruling at this link. Posted at 11:05 AM by Howard Bashman "Lawsuit against Bush? The attorney for the only known target of NSA eavesdropping says his client would be happy to sue the president." Michael Scherer has this article online at Salon.com. Posted at 07:04 AM by Howard Bashman "Daschle's Words Aid Padilla": Josh Gerstein has this article today in The New York Sun. Posted at 06:55 AM by Howard Bashman Monday, December 26, 2005 "S.D. Makes Abortion Rare Through Laws And Stigma; Out-of-State Doctors Come Weekly to 1 Clinic": Tuesday's edition of The Washington Post will contain this front page article. Posted at 10:22 PM by Howard Bashman "Hometown Snubs Schwarzenegger Over Death Penalty": This article will appear Tuesday in The New York Times. Posted at 10:18 PM by Howard Bashman The Miami Herald is reporting: Today's newspaper contains an article headlined "Padilla case weaves web of risks for government; The terrorism case of Jose Padilla, dubbed the 'dirty bomber' after his arrest in 2002, poses a complex legal challenge for the Justice Department." And yesterday's newspaper contained a news analysis headlined "Congress may prevail on war power; Despite White House claims that war powers authorize domestic spying and the special detention of terror suspects, Congress may well settle the issue." "Carter Phillips on Sam Alito": At "The Volokh Conspiracy," Orin Kerr has a post that begins, "C-Span's 'America and the Courts' series has a fascinating interview with Carter Phillips, one of the top members of the Supreme Court bar, about his friend and former co-worker Sam Alito. The interview begins at the 23-minute mark and lasts about 35 minutes." You can view the program online by clicking here (RealPlayer required). Posted at 05:14 PM by Howard Bashman "The war on terror should not supersede the laws of the land": Dante Chinni will have this essay in Tuesday's issue of The Christian Science Monitor. Posted at 05:00 PM by Howard Bashman "Faith in Theory: Why 'intelligent design' simply isn't science." James Q. Wilson has this essay online today at OpinionJournal. Posted at 04:55 PM by Howard Bashman "Fallout From A Nuclear Summer: The conflict over judicial nominations threatened to sidetrack the Senate; But who really won?" T.R. Goldman has this article (free access) in this week's issue of Legal Times. Posted at 03:40 PM by Howard Bashman As does the use of scare-quotes by The Washington Times: The Washington Times today reports that "Gay 'marriage' battles rage on into third year." Posted at 03:35 PM by Howard Bashman "Effort to speed executions stalls in Senate; Provision unrelated to security had been added to Patriot Act": Bob Egelko had this article in yesterday's edition of The San Francisco Chronicle. Posted at 01:44 PM by Howard Bashman The Sacramento Bee is reporting: Today's newspaper contains a front page article headlined "Higher execution rate is predicted" that begins, "California's capital punishment debate - ignited by the execution of Stanley Tookie Williams - will likely intensify as the state prepares to carry out death sentences at a pace unseen in more than a generation." And yesterday's newspaper contained an article headlined "Death case a mission for prosecutor; He has pursued Clarence Allen for 24 years and is now prepared to watch him die" profiling Ward Campbell, a long-time friend of "How Appealing." "Blawg Review Awards 2005": This week's brand new installment of "Blawg Review" can be accessed here. Posted at 10:20 AM by Howard Bashman "Montanans back Alito confirmation": This article appears today in The Billings Gazette. Posted at 10:08 AM by Howard Bashman One for the birds: The Chicago Tribune reported yesterday that "Racing pigeons are kept grounded; Court denies appeal by club of city ban." And Saturday's edition of The Chicago Sun-Times reported that "U.S. court upholds city's ban on sport pigeons in residences." You can access Thursday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. "The public starts SLAPPing back; States enact relief for sued dissenters": This article appears today in The Chicago Tribune. Posted at 10:00 AM by Howard Bashman "Courts Criticize Judges' Handling of Asylum Cases": Adam Liptak has this article today in The New York Times. These charts accompany the article. Posted at 09:58 AM by Howard Bashman Yoo again: The Washington Post today contains an article headlined "Scholar Stands by Post-9/11 Writings On Torture, Domestic Eavesdropping; Former Justice Official Says He Was Interpreting Law, Not Making Policy" that begins, "John Yoo knows the epithets of the libertarians, the liberals and the lefties. Widely considered the intellectual architect of the most dramatic assertion of White House power since the Nixon era, he has seen constitutional scholars skewer his reasoning and students call for his ouster from the University of California at Berkeley." Posted at 09:54 AM by Howard Bashman "White House Aids Playboy Playmate in Court": Gina Holland of The Associated Press provides a report that begins, "Playboy playmate Anna Nicole Smith has an unusual bedfellow in the Supreme Court fight over her late husband's fortune: the Bush administration. The administration's top Supreme Court lawyer filed arguments on Smith's behalf and wants to take part when the case is argued before the justices." Posted at 09:50 AM by Howard Bashman Sunday, December 25, 2005 "Intelligent Design Supporters Vow to Fight On": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 09:15 PM by Howard Bashman "Kavanaugh Nomination Bounced Back to White House": The blog "Confirm Them" provides this post. You can confirm this news via the Congressional Record at this link. Posted at 10:34 AM by Howard Bashman "Justice in the Balance: The precedent-setting life of the all-important swing vote on the high court." Today in the Book World section of The Washington Post, Law Professor Kathleen M. Sullivan has this review of Joan Biskupic's new book, "Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice." Posted at 10:20 AM by Howard Bashman In the January 2, 2006 issue of The Weekly Standard: The magazine will contain an editorial entitled "Disorder in the Court." And Terry Eastland will have an essay entitled "The Power of 55: Senatorial arithmetic is on Alito's Side." "Alito faces harder review; Scrutiny likely on executive power, in light of 1984 memo, NSA spying": Julie Hirschfeld Davis has this article today in The Boston Globe. And United Press International reports that "Alito momentum alarms liberal groups." Chief Justice William H. Rehnquist bobblehead doll sells at eBay auction for $3,007.56: The auction ended yesterday. The bidding history is here. Posted at 10:00 AM by Howard Bashman "Detainees Face Limited Access to Courts; But Bill Awaiting Bush Signature Would Shield Terror Suspects from U.S. Abuse": This article appeared yesterday in The Washington Post. Posted at 09:45 AM by Howard Bashman Saturday, December 24, 2005 "In Criminal Cases, a Court Nominee Hews to Rules": Sunday's edition of The New York Times will contain an article that begins, "If Samuel A. Alito Jr. had been on the Supreme Court back in January, Ronald Rompilla might well be a dead man." Posted at 09:05 PM by Howard Bashman "Alito to Face Queries on Executive Power Stance": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 07:48 PM by Howard Bashman "Liberal Groups Gear Up to Oppose Confirmation of Alito; Campaign Includes Forums on His Record": This article will appear Sunday in The Washington Post. Posted at 07:44 PM by Howard Bashman "Animal cruelty suit on behalf of reindeer": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "On the day before Christmas Eve, President Bush was sued by reindeer." Posted at 01:45 PM by Howard Bashman "Alito Memo in '84 Favored Immunity for Top Officials": Adam Liptak and David E. Rosenbaum have this article today in The New York Times. The newspaper also contains an editorial entitled "Alito's Zeal for Presidential Power." Today in The Los Angeles Times, David G. Savage and Richard A. Serrano report that "Alito Backed Immunity for Wiretapping; A 1984 memo on a suit against a Nixon-era official may complicate his confirmation." The Chicago Tribune reports that "Alito gave argument on illegal wiretaps; Papers also reveal plan to fight Roe vs. Wade." In The Boston Globe, Charlie Savage reports that "Alito backed immunity in wiretap case." In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito memo on wiretaps likely to draw questioning in Supreme Court nomination hearing." Newsday contains an article headlined "Alito's view on wiretaps: Memo he wrote in '84 reveals he backed official who ordered warrantless wiretap of group in 1970." The Newark (N.J.) Star-Ledger reports that "Alito supported wiretaps without warrants in memo; Documents from Reagan administration show new evidence of anti-abortion views." The Washington Times reports that "Democrats score Alito view on spying." And in The Washington Post, Howard Kurtz's Media Notes column is headlined "Alito 'Scoop': What's Old Is News Again; Media Rehash Alito's 'Roe' Document." Available online from OpinionJournal: Yesterday's edition of The Wall Street Journal contained an editorial entitled "Padilla Put-Down: Forcing the White House to defend its own convictions." And in today's edition of The Wall Street Journal, Melanie Kirkpatrick has an interview headlined "Home for Christmas -- Susette Kelo's story: from humble abode to eminent domain." Friday, December 23, 2005 Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Alito Advocated Immunity for U.S. Wiretap Use." And today's broadcast of "Talk of the Nation" contained a segment entitled "Penn. Trial Sends Intelligent Design Out of Class." RealPlayer is required to launch these audio segments. "Alito Urged Wiretap Immunity; Memo Offers Look at Nominee on Privacy": This front page article will appear Monday in The Washington Post. Posted at 10:30 PM by Howard Bashman Available online from The New York Times: Saturday's newspaper will contain articles headlined "Spy Agency Mined Vast Data Trove, Officials Report" and "China Indicts Times Researcher, Saying He Disclosed State Secrets." And Adam Liptak and David E. Rosenbaum have a news update headlined "Alito Defended Wiretap Protections in 1984 Memo." "In 1984 memo, Alito defends wiretapping protections for officials": Jonathan S. Landay of Knight Ridder Newspapers provides this report. Posted at 10:21 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Alito Defended Ordering Domestic Wiretaps" and "Judge Lets Man Change Name to Jesus Christ." Posted at 10:20 PM by Howard Bashman Available online from law.com: Tony Mauro reports on "The Tug of War Over O'Connor: She was to retire this year, but she's still there -- even as the battle over her legacy rages." And Lauren Gelman has an essay entitled "The Virtue of an Activist Judge in a Time of Terror." "Yes, Virginia, there really is a Bob Loblaw Law Blog": Steve Johnson has this post today at his blog "Internet critic" hosted by The Chicago Tribune. My earlier coverage is here. Update: The "Bob Loblaw law blog" video clip from "Arrested Development" can be viewed via this link. University of Chicago Law Professor Albert Alschuler offers criticism of this week's federal court "intelligent design" ruling: At that law school's "Faculty Blog," he has posts titled "The Dover Intelligent Design Decision, Part I: Of Motive, Effect, and History" and "The Dover Intelligent Design Decision, Part II: Of Science and Religion." You can access the ruling at this link. Posted at 04:45 PM by Howard Bashman "Supreme Court is asked to reconsider Richey case": The Toledo Blade today contains an article that begins, "Kenneth Richey's attorneys planned to ask the U.S. Supreme Court last night to reconsider a November decision reinstating his murder conviction and death sentence while sending part of his appeal back to a lower court." An even more recent report from The Associated Press is headlined "British death-row inmate seeks Supreme Court review." And The Press Association (UK) reports that "Death-row inmate seeks court review." "Santorum's comments a surprise; A Christian law center's counsel blames politics; The senator's rival calls him a 'flip-flopper' on Dover case": This article appears today in The Philadelphia Inquirer. Posted at 03:30 PM by Howard Bashman "Little Help From Justices on Spy Program": Adam Liptak has this article today in The New York Times. Posted at 02:32 PM by Howard Bashman "China Moves to Put Jailed Times Researcher on Trial": The New Y |
