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Sunday, December 31, 2006 "Chief Justice Urges Pay Raise for Judges; Courts' Viability at Stake, Roberts Says": Robert Barnes will have this article Monday in The Washington Post. Posted at 10:35 PM by Howard Bashman "Next big test of power to seize property? The US Supreme Court will examine whether a private company can demand payment in exchange for not seizing private property." Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 06:48 PM by Howard Bashman "Five Years and Counting in Cuba: There's still little clarity on the legal status of Guantanamo--and its prisoners." This article will appear in the January 8, 2007 issue of U.S. News & World Report. Posted at 02:33 PM by Howard Bashman "The verdict that keeps on taking": Today in The Boston Globe, columnist Jeff Jacoby has an op-ed that begins, "The big property rights story of 2005 was the Supreme Court's ruling, in Kelo v. New London, that the Bill of Rights doesn't prevent local governments from seizing private property by eminent domain and turning it over to private developers to generate 'economic development' or higher tax revenues. The anti-Kelo backlash was the big property rights story of 2006." Posted at 02:25 PM by Howard Bashman "The Kennedy Factor on the Roberts Court": In the Week in Review section of today's edition of The New York Times, Linda Greenhouse has an article that begins, "The Supreme Court, having decided only four cases since the term began in October, has not exactly been living in the fast lane. But the pace is about to pick up." Posted at 02:20 PM by Howard Bashman Saturday, December 30, 2006 "Brian Nichols judge on a singular mission": The Atlanta Journal-Constitution on Sunday will contain an article that begins, "His chambers are down a corridor removed from the commotion, up a flight and beyond three security checkpoints. It's there that, for most of the last eight months, DeKalb County Superior Court Judge Hilton Fuller, along with a staff of two and rotating security guards, has set up what amounts to an exile from the outside world." The article goes on to report: "In his 24 years as a judge, Fuller has tried cases equally gruesome to the four slayings with which Nichols is charged, and he's rendered decisions that have reverberated far beyond his courtroom. But never has the spotlight shone as glaringly on him as it does in the case of State of Georgia v. Brian Gene Nichols. Nichols is charged in the March 11, 2005, shooting deaths of Superior Court Judge Rowland Barnes and court reporter Julie Ann Brandau inside a Fulton County courtroom, sheriff's deputy Hoyt Teasley outside the courthouse and customs agent David Wilhelm at Wilhelm's Buckhead home. The trial takes place in the same courthouse from which Nichols escaped. It will be prosecuted by six attorneys from the Fulton County district attorney's office who were colleagues of Barnes and Brandau. And, when trial opens Jan. 11, it will be covered by the national media and Court TV. The case is fraught with emotion. And Fuller is doing his best to shield himself from it." "Recent Flexing of Presidential Powers Had Personal Roots in Ford White House": This article appears today in The New York Times. Posted at 08:33 PM by Howard Bashman "Appeals Court Rejects Brief Submitted by Ex-Judges": Adam Liptak has this article today in The New York Times. Liptak's article contains some interesting comments from former D.C. Circuit Judge Abner J. Mikva, who was among the amici whose brief the D.C. Circuit rejected yesterday. According to the article: Mr. Mikva said the rejection of his brief was motivated by personal animus, not politics. "It's not political at all," he said in an interview. "This was clearly aimed at me."It seems that even if the rejection of the amicus brief wasn't intended as a personal affront to former Judge Mikva, the issue certainly has now become personal between him and his former colleagues still on that court. The issue of judicial junkets is one that can give rise to strong feelings, but I hadn't initially drawn any connection between yesterday's rejection of an amicus brief in the Guantanamo detainees case and that issue. My earlier coverage of yesterday's D.C. Circuit order can be accessed here. And at "The Volokh Conspiracy," Jonathan Adler has a post titled "NYT on Judicial Amicus Brief Rejection." "Truth, Justice, Abortion and the Times Magazine": Byron Calame, the Public Editor for The New York Times, will have this essay tomorrow in that newspaper. The focus of Calame's essay is an article about El Salvador headlined "Pro-Life Nation" that was the cover story of The New York Times Magazine on April 9, 2006. Posted at 08:12 PM by Howard Bashman "Gerald Ford's Affirmative Action": Jeffrey Toobin has this op-ed today in The New York Times. Posted at 08:10 PM by Howard Bashman "For Guantanamo Review Boards, Limits Abound": This article will appear Sunday in The New York Times. Posted at 08:05 PM by Howard Bashman "After 30 Years, Supreme Court History Project Turns a Final Page": Linda Greenhouse has this article today in The New York Times. Posted at 07:55 PM by Howard Bashman "Las Vegas judge under investigation; The 9th Circuit has hired a law firm to suggest action on James C. Mahan, sources say": The Los Angeles Times today contains an article that begins, "The U.S. 9th Circuit Court of Appeals in San Francisco has launched an investigation of a federal judge who awarded more than $4.8 million in judgments and fees without apparently disclosing his personal, political and business ties to those who benefited, two sources close to the inquiry told The Times. U.S. District Judge James C. Mahan of Las Vegas, a popular state judge who joined the federal bench in 2002 after his nomination by President Bush, was the subject of Times investigative reports in June." You can access Judge Mahan's official U.S. Courts biography by clicking here. "Racial ban back on for 3 colleges; Court rules admissions policies must comply with Prop 2 right away": The Detroit News today contains an article that begins, "A federal appeals court ruled Friday night that Michigan's three largest universities must immediately remove race and gender consideration from their admissions and financial aid decisions and fully comply with Proposal 2. The ruling of the three-judge panel of the 6th U.S. Circuit Court of Appeals effectively overturned the six-month delay a lower court judge granted last week to the University of Michigan, Michigan State University and Wayne State University." The Detroit Free Press reports today that "U.S. panel rejects a delay for Prop 2; Affirmative action ban is upheld." And The Associated Press provides a report headlined "Court: Mich. Schools Can't Admit on Race." Circuit Judge Jeffrey S. Sutton wrote last night's decision of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three-judge panel. Various pleadings filed in connection with the matter can be accessed via the home page of the Sixth Circuit's web site. "Review of inmate's execution request; Can judges override wish to end appeals, set new sentencing?" Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage appears at this link. "Judges Uphold Law on Inmate Religion": The Associated Press provides this report. My earlier coverage appears here. Posted at 08:48 AM by Howard Bashman "The Bill of Wrongs: The 10 most outrageous civil liberties violations of 2006." Dahlia Lithwick has this essay online today at Slate. Posted at 08:45 AM by Howard Bashman Friday, December 29, 2006 "Dictator Who Ruled Iraq With Violence Is Hanged for Crimes Against Humanity": This article will appear Saturday in The New York Times. Posted at 11:14 PM by Howard Bashman "Appeals court reconsidering execution for Comer": David Kravets of The Associated Press provides this report. My earlier coverage can be accessed here. Posted at 09:14 PM by Howard Bashman "What's Wrong With Retired Federal Judges Filing a Friend-of-the-Court Brief?" Eugene Volokh has this post at "The Volokh Conspiracy." My earlier coverage is at this link. The Associated Press is reporting: Now available online are articles headlined "U.S. Judge Weighs Saddam Request" and "U.S. Court Refuses to Spare Iraqi." Posted at 08:40 PM by Howard Bashman In case you need one more reason to look forward to 2007: On January 23, 2007, Jan Crawford Greenburg's new book -- "Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court and America's Future" -- will be available for purchase. The book's publisher, Penguin Press, offers a description of the book that begins, "Drawing on unprecedented access to the Supreme Court justices and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive, newsbreaking account of one of the most momentous political watersheds in recent American history." Because the book apparently really is newsbreaking in various respects, advance copies aren't being distributed. But you can preorder (and also view the book's cover) at Amazon. "Official: Saddam to Be Executed Tonight." The Associated Press provides this report. And a related AP report headlined "Saddam Asks U.S. to Block Execution" begins, "Lawyers for Saddam Hussein on Friday made a last-minute appeal to an American court to avert execution in Iraq, asking a judge to block his transfer from U.S. custody to the hands of Iraqi officials." A busy day for Ray Luipa in the Fourth Circuit: In the second of two published opinions that the U.S. Court of Appeals for the Fourth Circuit issued today involving the Religious Land Use and Institutionalized Persons Act, a three-judge panel divides over whether to reinstate certain claims asserted by a Virginia state prison inmate who sued to challenge his removal from the prison's Ramadan observance program. Circuit Judge J. Harvie Wilkinson III issued a partial dissent that concludes, "It is unfortunate that a policy designed to respect the Ramadan fast for the profound observance that it is should become the means for potentially tying prisons up in knots. No one argues that a court should blindly accept any justification for a prison policy that interferes with religious exercise. But to substitute its own judgment for the accommodative judgment of prison administrators is just as bad." You can access the complete 65-page ruling at this link. "We hold that RLUIPA is a valid exercise of Congress' spending power and that, because Virginia voluntarily accepted federal correctional funds, it cannot avoid the substantive requirements of RLUIPA." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in an opinion that Circuit Judge J. Harvie Wilkinson III issued today. Today's decision also holds: "With respect to sovereign immunity, we find that Congress unambiguously conditioned federal funds on a State's consent to suit. Because that condition does not clearly and unequivocally indicate that the waiver extends to money damages, however, the Eleventh Amendment bars [the plaintiff's] claim for monetary relief against the State." For those who must be in federal court on Tuesday, January 2, 2007: In a post from earlier today, I noted that various federal appellate courts have announced that they will be closed for business on Tuesday, January 2, 2007 in recognition of the National Day of Mourning for President Ford. The U.S. District Court for the District of Kansas today issued the following statement: The Court decided this morning to remain open for business on Tuesday, January 2. The decision of the Court was made in part by the knowledge that the 10th Circuit Court of Appeals will remain open and the press of Court business in the District of Kansas. The Court believes that we can best honor the memory of President Ford by continuing to do the people's business.The Tenth Circuit, meanwhile, which is closed again today due to the latest blizzard to strike Denver, has issued the following statement: The nation has lost a great leader in President Gerald R. Ford this past week. We remember and honor him in memorial services and personal reminiscences. In the spirit of public service modelled by the late President Ford, the Tenth Circuit Courthouse in Denver, which has been particularly hard hit by the weather recently, will be open on Tuesday. We ask you all to honor the life and memory of President Ford as we express our gratitude for his life of service to this nation.Those readers who simply must begin the new year by appearing in federal court on the first business day of January 2007 thus have the option of traveling to Denver, Colorado or the State of Kansas. Posted at 03:38 PM by Howard Bashman U.S. Court of Appeals for the Ninth Circuit ends 2006 by granting rehearing en banc in four separate cases: You can access all four en banc orders via this link. The grant of rehearing en banc that's initially of most interest to me is today's order in Comer v. Schriro. The three-judge panel's divided ruling in that case was the subject of my law.com column from September 2006 headlined "When Can an Inmate 'Volunteer' for Death? 9th Circuit rejects a competent inmate's decision to abandon legal challenge to his capital sentence." In that essay, I wrote: I am confident that if the state of Arizona seeks further review in Comer's case, either from an en banc 9th Circuit or the U.S. Supreme Court, last week's divided decision holding that it violates the 8th Amendment to abide by the wishes of a so-called death penalty volunteer will be overturned. The three-judge panel majority's unwillingness to allow an unconstitutional execution to occur may be admirable from a policy perspective, but it exceeds their power as Article III judges to issue a ruling in the absence of any actual case or controversy. For better or worse, Article III's limits on judicial power contain no exceptions applicable to the death penalty or 8th Amendment challenges.My earlier blog-based coverage of the Comer case can be accessed here and here. Posted at 03:05 PM by Howard Bashman "Court Won't Consider Judges' Arguments": The Associated Press provides a report that begins, "An appeals court considering whether Guantanamo Bay detainees have constitutional rights said Friday that it will not accept arguments by seven retired federal judges who oppose a new U.S. anti-terrorism law." Posted at 02:33 PM by Howard Bashman Seventh Circuit addresses the value of a saccharine claim that fountain Diet Coke isn't only sweetened with NutraSweet brand aspartame: A putative class action initiated in Illinois state court but then removed by the defendant to federal court alleged that the Coca-Cola Company deceived Diet Coke consumers in Illinois by failing to disclose that fountain Diet Coke and bottled Diet Coke are not the same product because the fountain variety of the beverage contains a blend of the sweeteners aspartame and saccharin. After the federal district court sustained subject-matter jurisdiction over the case but refused to certify a class action, the proposed class representative accepted a settlement of $650 but retained the right to appeal from the denial of class certification and the sustaining of federal court jurisdiction. Today, in an opinion by Circuit Judge Diane S. Sykes, a unanimous three-judge Seventh Circuit panel holds that the federal district court did not err in concluding that the named plaintiff's claim exceeded $75,000 in value on the date of removal and affirms the denial of class certification. Four-day weekend: Various federal appellate courts have announced that they will be closed for business on Tuesday, January 2, 2007 in recognition of the National Day of Mourning for President Ford. Those courts that have thus far posted on the internet news of their closure on Tuesday are the D.C. Circuit, the Second Circuit, the Sixth Circuit, the Eighth Circuit, and the Federal Circuit. Meanwhile, the Tenth Circuit is closed today due to the latest Denver blizzard. Update: The Fifth Circuit's web site has been updated to note that the court is officially closed on Tuesday but that oral arguments will proceed as scheduled in Houston. And according to this post from Lyle Denniston at "SCOTUSblog," the U.S. Supreme Court will also be officially closed for business on Tuesday. Second update: The First Circuit's web site has been updated to note that the court will be closed Tuesday. And so has the Fourth Circuit's web site and the Ninth Circuit's web site. Current judges remind former judges that former judges aren't "judges" any longer: The majority on a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today issued an order that likely will strike many as rather petty. Today's order states, in full: Upon consideration of the unopposed motion of retired federal jurists for leave to file brief amici curiae in support of petitioners regarding the Military Commissions Act of 2006, and the lodged brief, it isCircuit Judge Judith W. Rogers issued a short statement noting her disagreement with the order rejecting the amicus brief. It is an interesting question whether the referenced Advisory Opinion, which says that former judges shouldn't be referred to as "judge" in the courtroom or in papers filed in litigation, was intended to prevent former judges from being referred to as "former judges." At least the policy shouldn't prevent a former judge from operating a web log titled "X-Judge." Update: Via "SCOTUSblog," you can access the rejected amicus brief at this link. Former U.S. Air Force enlistee who viewed Osama bin Laden as a "hero" loses Sixth Circuit appeal challenging federal criminal conviction for having made false statements on application to become a baggage screener for the Transportation Security Administration: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 10:08 AM by Howard Bashman The Pittsburgh Post-Gazette is reporting: Today's newspaper contains articles headlined "Teen expelled for rap lyrics reaches $60,000 settlement" and "North Side adult theater exhausting its legal appeals; Garden Theater advocates could ask U.S. Supreme Court to review First Amendment case." Posted at 09:58 AM by Howard Bashman "Justices rebuff alumni; Association cannot challenge Milton Hershey School in court": The Harrisburg Patriot-News contains this article today. My earlier coverage appears at this link. "N.J. court rejects Neulander appeal; The ex-Cherry Hill rabbi said barred testimony led to his trial being unfair": This article appears today in The Philadelphia Inquirer. The Newark Star-Ledger reports today that "Murderous rabbi loses his bid for a third trial." And The Courier-Post of Cherry Hill, New Jersey reports that "Neulander loses bid for retrial." My earlier coverage appears at this link. "Justices asked to hear failure-to-appear case": The Stamford Advocate contains this article today. Posted at 09:45 AM by Howard Bashman "With a Game at Dartmouth, Fighting Sioux Stir Debate": This article appears today in The New York Times. And The Boston Globe reports today that "Criticism of team's name heats up Dartmouth game; Sioux imagery is 'offensive,' says AD." "'Chronicle' Reporters Face Jail Over Steroids Leak": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:32 AM by Howard Bashman "Baseball players to fight court ruling": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court ruling allowing prosecutors to seize and use confidential drug-testing records of baseball players threatens the right to privacy and will be challenged, the head of the Major League Baseball Players Association said Thursday." Posted at 09:30 AM by Howard Bashman Gross disobedience of employer's safety instructions leads Supreme Court of Ohio to uphold denial of workers' compensation benefits to KFC employee injured in workplace mishap: The New York Times reports today that "Ohio Ruling Denying Pay in Job Injury Draws Debate." The Columbus Dispatch reported yesterday that "Negligent may lose, judges rule." The Toledo Blade reported yesterday that "Court rules against injured worker; Employee fired for causing own injury can be denied benefits, justices say." And The Cleveland Plain Dealer reported yesterday that "Denial of on-job injury pay upheld; Stubborn teen gave up rights, top court rules." You can access Wednesday's ruling of Ohio's highest court at this link. All of the above: Question one in columnist William Safire's "The Office Pool, 2007" asks: 1. The "O'Connorless Supreme Court" will decideAnd Safire's own quite plausible prediction in response to this question is "All." Posted at 07:40 AM by Howard Bashman "McCain-Feingold in the Dock: Where do Alito and Roberts stand on free political speech?" This editorial (free access) appears today in The Wall Street Journal. Posted at 07:35 AM by Howard Bashman Thursday, December 28, 2006 "Appellate Justices Hopping Mad Over Superior Court Judge's 'Kangaroo Court' Reference": law.com provides this report, in which the trial judge who made reference to "the kangaroos up there in kangaroo court" explains that he wasn't referring to the California Court of Appeal. Indeed, according to the trial judge, he wasn't even referring to a court at all, but rather to the district attorney's office's "strike team." The article closes: "'They wasted a lot of pages,' [the trial judge] said. 'If they wanted to know what I meant, they should've asked me.'" My earlier coverage appears at this link. "Court Reprimands Ohio Governor Over Gifts": This article appears today in The New York Times. The Columbus Dispatch reports today that "Court scolds Taft on ethics; Justices hand governor formal public reprimand." The Cleveland Plain Dealer reports that "Ohio justices slap Taft over gifts; Failure to report nets reprimand." And The Toledo Blade reports that "Taft given law-license reprimand; justices OK ethics sanction over failure to report gifts." My earlier coverage appears at this link. Chief Judge Easterbrook versus Circuit Judge Posner, once again: For the second time in the past eight days, the U.S. Court of Appeals for the Seventh Circuit has issued a ruling in which the Chief Judge Frank H. Easterbrook wrote the majority opinion from which Circuit Judge Richard A. Posner dissented. In today's decision, a pro se prisoner whose claim of sexual abuse at the hands of a prison guard survived summary judgment but then was rejected by a jury at trial argues on appeal that the federal district judge abused his discretion in denying the prisoner's request for the recruitment of counsel pursuant to 28 U.S.C. sec. 1915(e)(1). The majority holds that the trial court's decision did not constitute an abuse of discretion and that a trial court's plausible decision whether to recruit counsel for a pro se litigant would never be subject to reversal. Judge Posner dissents, holding that while many pro se litigants are quite capable of representing themselves at trial, it should have been obvious to the trial judge that this pro se prisoner was unlikely to be one such minimally competent pro se litigant at trial. Unlike in connection with last week's case, when I concluded that Judge Posner's dissent offered a much more convincing argument than Chief Judge Easterbrook's majority opinion, today's ruling presents a much closer call. It's easy to feel sympathetic toward the prisoner, who plainly was unable to equal counsel for the defendants in the quality of his presentation. But, at the same time, the majority opinion makes a very strong case for why a trial judge's reasoned exercise of discretion in advance of trial concerning whether to recruit counsel should not be second-guessed with the benefit of hindsight. "MLB Players Union Vows to Fight Ruling": The Associated Press provides a report that begins, "Major League Baseball's players' association will fight a federal appeals court's decision to give prosecutors access to the names and urine samples of about 100 players who tested positive for steroids in 2003." My earlier coverage appears here and here. "Appeals court rejects rabbi's claim that murder trial was unfair": The Associated Press provides this article reporting that the Appellate Division of the Superior Court of New Jersey today issued a 66-page unpublished opinion affirming the murder conviction of Rabbi Fred Neulander. Posted at 05:55 PM by Howard Bashman Not an auspicious day to be a rescuer on the Pennsylvania Turnpike: Demonstrating the accuracy of the saying "No good deed goes unpunished," today the U.S. Court of Appeals for the Third Circuit issued a decision that involves some rather unfortunate facts. On the evening of May 12, 2002 in a heavy rain, a man traveling on the Pennsylvania Turnpike with his wife and children noticed that another car had just overturned off the right side of the highway. The man and his wife were both trained and certified in first aid by the Red Cross, so they pulled their car to the shoulder of the highway and went to assist the occupants of the overturned vehicle. Fortunately, both passengers in the overturned vehicle appeared unharmed and were able to remove themselves from their vehicle. The male rescuer stood outside his vehicle while awaiting the arrival of the police. Before the police arrived, a third vehicle lost control, swerved, and hydroplaned into the rescuers' parked vehicle, killing the male rescuer. Thereafter, his widow sued the passengers of the overturned vehicle, alleging that their negligence in causing the first accident, which prompted the rescuers to respond, placed the male rescuer in the way of harm that ultimately led to his death. Although the story is quite tragic, the rescuer's widow received somewhat happy news today, in that a unanimous Third Circuit panel has reversed the grant of summary judgment that had dismissed the widow's lawsuit against the passengers of the overturned vehicle. You can access today's ruling at this link. The U.S. Court of Appeals for the Second Circuit is seeking a new Clerk of Court: You can access the job posting announcement at this link. Posted at 05:20 PM by Howard Bashman "Ford and the Court": Jess Bravin has this post at WSJ.com's "Washington Wire" blog. Posted at 04:58 PM by Howard Bashman "Uncertainty on Texas death penalty cases": Lyle Denniston has this post today at "SCOTUSblog." My related earlier post can be accessed here. Posted at 04:54 PM by Howard Bashman In news updates freely available online from The Legal Intelligencer: An update reports that "Fetal Homicide Statute Ruled Constitutional." Yesterday's ruling of the Supreme Court of Pennsylvania consists of both a majority opinion and a concurring opinion. And a second update reports that "Hershey Alumni Assoc. Has No Standing to Sue School." Yesterday's ruling of the Supreme Court of Pennsylvania can be accessed at this link. "Dems Likely to Resurrect Detainee Issue": The Associated Press provides a report that begins, "Senate Democrats plan to use their newfound power to revisit one of the most contentious national security matters of 2006: Deciding what legal rights must be protected for detainees held in the war on terrorism." Posted at 04:45 PM by Howard Bashman Programming note: My final appellate brief of 2006 is due to be filed today. As a result, I'll be away from the internet this afternoon while visiting with co-counsel to finalize the document. Additional posts will appear here this evening. Posted at 10:58 AM by Howard Bashman "Ruling Erases Players' Victories in a Steroids Case": Murray Chass has this "On Baseball" column today in The New York Times. Today in The New York Sun, Josh Gerstein reports that "Baseball Players' Failed Steroid Tests May Be Examined." In The San Francisco Chronicle, Bob Egelko reports that "100 big-leaguers steroid-positive in 2003 season; Court rules federal prosecutors can use tests for investigation." And The Washington Post contains an article headlined "Court: Investigators Can Keep Positive Test Results." My earlier coverage appears at this link. "Testimony on tumor to be heard in drug case retrial": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court overturned an East Bay man's drug-dealing conviction Wednesday, saying jurors should have been allowed to hear from medical witnesses who were prepared to testify that a large brain tumor made the defendant vulnerable to suggestion and entrapment by government informants." And Josh Richman of The Oakland Tribune reports today that "Hayward man to receive new trial; Brain tumor damaged judgment, making convicted meth dealer susceptible to suggestion." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Ford's 1975 pick still a key player on high court; Justice John Paul Stevens has emerged as the leader of the liberal bloc": David G. Savage has this article today in The Los Angeles Times. Posted at 10:48 AM by Howard Bashman "Vote on gay marriage is due but can't be forced, SJC says; Next step is up to Legislature": This article appears today in The Boston Globe. The Los Angeles Times reports today that "Gay marriage vote unlikely; Massachusetts high court says, unhappily, that it can't force lawmakers to address a bid to repeal the law." And The Republican of Springfield, Massachusetts reports that "Court dismisses Romney suit." My earlier coverage can be accessed here. "U.S. arrest of brutal island employer legal: court." Reuters provides a report that begins, "U.S. officials acted correctly in arresting a brutal garment factory owner in the remote South Pacific island of American Samoa and sending him 2,300 miles to Hawaii to face trial, a federal appeals court ruled on Wednesday." My earlier coverage appears at this link. "Ford's Supreme Court Legacy: Justice John Paul Stevens Remains One of Ford's Most Enduring Legacies." Jan Crawford Greenburg of ABC News provides this written report. Posted at 10:24 AM by Howard Bashman "Judge won't revive charges against abortion doctor; He rules that Kansas' attorney general lacked authority to push the criminal case forward": The Los Angeles Times contains this article today. The Wichita Eagle today contains articles headlined "Judge rejects appeal, Kline names prosecutor; Turf issues over Tiller case collide in district court" and "McKinney a longtime abortion foe." The Kansas City Star reports that "Kline tries to keep investigation alive; Charges against abortion doctor are still blocked, but inquiry gets special prosecutor." The Topeka Capital-Journal reports that "Kline loses fight to have charges against Tiller reinstated." And The Lawrence Journal-World reports that "Abortion charges again rejected; Kline to appoint special prosecutor." "He wanted to be judged on Supreme Court nomination": This article about former President Gerald R. Ford appears today in The Chicago Tribune. President Ford's letter from 2005 to the Dean of the Fordham University School of Law honoring Justice John Paul Stevens' 30 years of service on the Supreme Court of the United States can be viewed at this link, while additional background on the letter can be accessed here. "The Constitution, Capital Punishment And Clemency Proceedings": Carl Tobias has this essay online today at FindLaw. Posted at 06:33 AM by Howard Bashman Wednesday, December 27, 2006 Imagine that -- appellate judges don't take kindly to trial judge's characterization of appellate court as "kangaroo court": Coming hard on the heels of my posting this morning of the petition for writ of certiorari in Fieger v. Michigan Grievance Administrator -- a case asking whether an attorney has a First Amendment right to publicly express non-defamatory personal criticism of a judge -- is this gem of an opinion from California's Court of Appeal for the Third Appellate District. According to that decision issued today, the trial judge on the record stated to counsel in open court, "You can't offend the kangaroos up there in kangaroo court." Although the Court of Appeal could have brushed off the insult by declaring that the trial judge must have been referring to the Supreme Court of California, instead the appellate judges decided that the trial judge must have been referring to their intermediate appellate court. Additional coverage of the ruling can be found online at "California Appellate Report" and "PrawfsBlawg." "Gerald Ford's impact on the Court": Lyle Denniston has this commentary online at "SCOTUSblog." Posted at 08:30 PM by Howard Bashman What's a federal appellate court to do when the U.S. Supreme Court grants a petition for writ of certiorari in a case in which a timely-filed petition for rehearing en banc remains pending before the federal appellate court? Today, the U.S. Court of Appeals for the Fifth Circuit issued an order denying the petition for rehearing en banc filed in Brewer v. Quarterman. What makes that otherwise mundane action noteworthy is that the U.S. Supreme Court, on October 13, 2006, granted Brewer's petition for writ of certiorari and agreed to hear and decide that case on the merits. The questions presented can be accessed here, while the Supreme Court's docket entries can be viewed at this link. The Supreme Court's grant of certiorari appears to have led eight of the Fifth Circuit's fifteen current active judges to abstain from voting on the petition for rehearing en banc. Today's order, entered by Circuit Judge Jerry E. Smith, states that "[t]his order is entered, and the court voted to deny rehearing en banc, solely to resolve any potential question of the judgment's finality in this court and to clarify the Supreme Court's jurisdiction over the case." Circuit Judge James L. Dennis, listed as one of the eight active judges who refrained from voting on the petition for rehearing en banc, issued a five-page dissent "from the attempt to exercise jurisdiction" in which he writes: "In its haste to attempt to ensure that the Supreme Court keeps the case and reaches the merits, however, the minority of this court's judges attempting to exercise jurisdiction herein have ignored well-established limits on this court's jurisdiction and, in the process, trespassed upon the jurisdiction of the Supreme Court." Both the order denying rehearing en banc and Judge Dennis's dissent from the attempt to exercise jurisdiction mention the en banc Fifth Circuit's ruling earlier this month in Nelson v. Quarterman, in which the en banc court by a vote of 9-7 overturned a Texas state court death sentence on a finding of a Penry violation. Some of the seven dissenters in Nelson are among the eight who refrained from voting on today's order denying rehearing en banc, so perhaps today's order ought not be viewed as a raw power-play by the dissenters in Nelson who may hope their views will receive a more sympathetic audience from the nine Justices upstairs. It is interesting to note that, according to the U.S. Supreme Court's docket, Brewer himself on December 14, 2006 filed a motion in the Supreme Court asking that his case be remanded to the Fifth Circuit for reconsideration in light of that federal appellate court's recent en banc ruling in Nelson. That motion is scheduled to be considered at the Supreme Court's conference of January 5, 2007, while the case itself is currently scheduled to be argued on the merits in the Supreme Court on January 17th. "This appeal raises the issue of whether a person arrested in American Samoa for allegedly committing federal crimes in American Samoa may be tried and convicted in the United States District Court for the District of Hawaii." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. The question arises because, although the U.S. Congress made federal criminal law applicable to American Samoa, Congress did not create federal district courts for that territory. As a result, federal criminal charges must be tried someplace else that has a federal district court, and because Hawaii was the federal judicial district to which the defendant/appellant in today's case was "first brought," the Ninth Circuit rejects the defendant's challenge to his conviction. "Court: Feds Entitled to MLB Steroid Data." The Associated Press provides a report that begins, "The names and urine samples of about 100 Major League Baseball players who tested positive three years ago can be used by federal investigators, a court ruled Wednesday - a decision that could have implications for Barry Bonds." You can access today's lengthy ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Today's ruling involves three consolidated appeals from three separate U.S. District Courts within the Ninth Circuit. The caption of the second consolidated appeal states that the case arises on "Appeal from the United States District Court for the Southern District of Nevada." As an eagle-eyed reader of this blog has helpfully observed via email, the entire State of Nevada is served by a single U.S. District Court for the District of Nevada. Programming note: My final appellate brief of 2006 is due to be filed tomorrow. As a result, I'll be away from the internet this afternoon while visiting with co-counsel to finalize the document. Additional posts will appear here this evening. Posted at 11:33 AM by Howard Bashman "Ohio Gov. Taft Reprimanded Over Ethics": The AP provides a report that begins, "The state Supreme Court on Wednesday publicly reprimanded Ohio Gov. Bob Taft for his ethics violations in office, a black mark that will stay on his permanent record as an attorney." And the Office of Public Information of the Supreme Court of Ohio has issued a news release headlined "Governor Taft Reprimanded." You can access that court's ruling, issued today, at this link. "Mass. Court Won't Force Marriage Vote": The Associated Press provides a report that begins, "The state's highest court on Wednesday said it had no authority to force lawmakers to vote on a proposed constitutional amendment to ban gay marriage." You can access this morning's ruling of the Supreme Judicial Court of Massachusetts at this link. "Race ban backers try to lift colleges' delay": On Saturday, The Detroit News published an article that begins, "An anti-affirmative action group headed to the U.S. Sixth Circuit Court of Appeals in a last-minute effort to force the state's three largest universities to comply with Proposal 2 today -- the date when the constitutional amendment was scheduled to take effect." Yesterday, the Sixth Circuit issued an order calling for expedited briefing of the Emergency Motion for a Stay Pending Appeal and the related petition for writ of mandamus. "D.C. Circuit Panel to Reconsider Tax Ruling": Peter Lattman today has this post, in which I am quoted, at WSJ.com's "Law Blog." Posted at 10:11 AM by Howard Bashman "Justices lose one to Fieger; Federal appeals court gives him chance to prove bias": The Detroit Free Press today contains an article that begins, "Southfield lawyer Geoffrey Fieger scored a point in his feud with the state Supreme Court on Tuesday when a federal court ruled he can continue his efforts to disqualify certain justices he claims are biased against him from hearing his cases." And The Detroit News reports today that "Fieger wins right to fight judges; Southfield attorney can challenge state high court justices' refusal to recuse themselves." The newspaper also contains an editorial entitled "Michigan's high court should have conflict of interest rules; The rules should be limited to real issues, not politics." My earlier recent coverage of this matter can be accessed here and here. As I noted in the earlier of those two posts, the Supreme Court of Michigan's ruling on the merits in the Fieger disciplinary case is now the subject of a petition for writ of certiorari pending before the U.S. Supreme Court in a case captioned Fieger v. Michigan Grievance Administrator at No. 06-596. I have obtained an electronic copy of that cert. petition, whose question presented asks: Does an attorney have a First Amendment right to publicly express non-defamatory personal criticism of a judge when that criticism could not affect any pending trial, as the Ninth Circuit and the supreme courts of Colorado, Oklahoma, and Tennessee have held, or is an attorney subject to discipline for such criticism, as the Seventh Circuit and the supreme courts of Michigan, Mississippi, and Missouri have held?You can access the complete cert. petition, with appendix, by clicking here. Posted at 07:45 AM by Howard Bashman "Iraqi Court Says Hussein Must Die Within 30 Days": This article appears today in The New York Times. The Washington Post today contains a front page article headlined "Iraqi Court Upholds Hussein's Sentence; Hanging Could Happen Within 30 Days." The Los Angeles Times reports that "Iraqi court upholds death for Hussein; Execution must take place within 30 days, judges rule; No more appeals are possible." And USA Today reports that "Saddam to hang within 30 days." "FBI Says Files In Leak Cases Are 'Missing'": Today in The New York Sun, Josh Gerstein has an article that begins, "The FBI is missing nearly a quarter of its files relating to investigations of recent leaks of classified information, according to a court filing the bureau made last week." Posted at 07:33 AM by Howard Bashman "Guantanamo needs courthouse, Pentagon says": The Los Angeles Times today contains an article that begins, "Although the Pentagon estimates that no more than 80 of the 400 or so terrorism detainees here will ever be tried, it is moving forward with plans for a $125-million legal complex." Posted at 07:28 AM by Howard Bashman "Remnants Of a Trial Prompt a Crusade; Va. Man Seeks End To Security Measures": The Washington Post today contains an article that begins, "Jim Savage has been living in a world of guard shacks, green security poles and Jersey barricades lining the street outside his home next to the federal courthouse in Alexandria. They were put there for the trial of a terrorist, Sept. 11 conspirator Zacarias Moussaoui, and they were supposed to come down when the trial was over. Seven months after it ended, they are still there." Posted at 07:20 AM by Howard Bashman "Maryland's Death Penalty: It's time to discuss giving it up." This editorial appears today in The Washington Post. Posted at 07:18 AM by Howard Bashman The Associated Press is reporting: An article headlined "Ford Once Sought Impeachment of Justice" reports that "In April 1970, at the request of White House aide John Ehrlichman, Ford led an effort by more than 100 House members to impeach Supreme Court Justice William O. Douglas." Of course, President Gerald R. Ford, who died overnight, was also the President who placed Justice John Paul Stevens on the U.S. Supreme Court. And an article headlined "Cyberspace Sex Scandal Heads to Trial" begins, "When Robert Steinbuch discovered his girlfriend had discussed intimate details about their sex life in her online diary, the Capitol Hill staffer didn't just get mad. He got a lawyer. Soon, though, the racy tidbits about the sex lives of the two Senate aides faded from the front pages and the gossip pages. Steinbuch accepted a teaching job in Arkansas, leaving Washington and Jessica Cutler's 'Washingtonienne' Web log behind." "Wallace withdrawal opens space; Bush can now select another nominee": The Biloxi Sun Herald today contains an article that begins, "Attorney Michael B. Wallace, in asking President Bush on Tuesday to withdraw his nomination for a U.S. Court of Appeals seat, said 'it is the right thing to do for Mississippi.' Wallace, a Biloxi native and Jackson attorney, was among six appellate court nominees whose approval was stalled earlier this year. Some political analysts have blamed the stall on the new Democrat-controlled Senate's clash with Bush's push to satisfy his conservative base." Posted at 06:58 AM by Howard Bashman "Ex-Judges Back Man Who Says U.S. Sent Him To Be Tortured": Today in The New York Sun, Joseph Goldstein has an article that begins, "A group of retired federal judges is backing a lawsuit by a Canadian citizen who claims America sent him to Syria to be tortured. The former judges, who come from the 3rd, 6th, 9th, and D.C. circuit courts of appeals, filed a brief urging the 2nd U.S. Circuit Court of Appeals, which sits in New York, to allow the lawsuit to go forward." Posted at 06:55 AM by Howard Bashman "Why the Public/Private Distinction Should Not Govern the Courtroom: The Supreme Court's Flawed Decision in Carey v. Musladin." Sherry F. Colb has this essay online today at FindLaw. Posted at 06:50 AM by Howard Bashman Tuesday, December 26, 2006 "Retiring justice laments influence of money; But he's hopeful times are changing": The Las Vegas Review-Journal today contains an article that begins, "Too many Nevadans hold the view that justice is for sale and only the rich can afford good lawyers, retiring Supreme Court Chief Justice Bob Rose says." Posted at 10:05 PM by Howard Bashman "Fieger wins partial victory in feud with state high court": The Detroit News provides an update that begins, "A federal appeals court today upheld lawyer Geoffrey Fieger's challenge to the way the Michigan Supreme Court handles requests for judges to recuse themselves. The decision of the U.S. 6th Circuit Court of Appeals in Cincinnati is a partial victory for Fieger and a setback for a Michigan Supreme Court that has been in the news because of internal dissension." And The Associated Press provides a report headlined "Court: Fieger can continue recusal try against GOP justices." "Miss. Attorney Asks Out of Nomination": The Associated Press provides a report that begins, "A Mississippi attorney asked President Bush to withdraw his nomination to the 5th U.S. Circuit Court of Appeals, saying he doesn't believe the senior Democrat on the Senate Judiciary Committee considers him a consensus nominee. Jackson attorney Michael Wallace, 54, told The Associated Press on Tuesday that he made the request in a letter sent late last week." Posted at 08:20 PM by Howard Bashman "Notice of Proposed Circuit Rule Changes And Opportunity for Comment": The U.S. Court of Appeals for the Seventh Circuit has today given notice of a proposed change to its local rules to accommodate Federal Rule of Appellate Procedure 32.1, which nominally took effect on December 1, 2006 but which really, really takes effect January 1, 2007. Posted at 05:08 PM by Howard Bashman "Questioning Capital Punishment": Bruce Shapiro will have this essay in the January 8, 2007 issue of The Nation. Posted at 04:40 PM by Howard Bashman "Texas City Tests Religion Law": The Associated Press provides an article reporting that "The Texas Supreme Court is expected to hear arguments in March or April on whether Sinton's zoning ordinance violates the state's Religious Freedom Restoration Act." Thanks to the web site of the Supreme Court of Texas, you can access the briefs filed in the case via this link. "Misjudging a judge": Last Thursday's edition of Newsday contained an editorial that begins, "In the annals of politicians using the federal judiciary as a foil to advance their own careers, the shenanigans of Sen. Sam Brownback (R-Kan.) will earn a special spot in the section dedicated to bigoted fools." Also that day, U.S. Senator Sam Brownback (R-KS) had an op-ed in The Grand Rapids Press entitled "Assurance needed Neff won't be an activist judge." And The Kalamazoo Gazette published a related editorial entitled "Senate should honor deal on federal judges." "Kansas Judge Lets AG Press Abortion Case": The Associated Press provides a report that begins, "A judge agreed Tuesday to let Kansas' attorney general, a vocal abortion opponent, try to persuade him to reinstate charges against a well-known abortion provider." Posted at 02:25 PM by Howard Bashman "Court Upholds Saddam's Death Sentence": The Washington Post provides this news update. And The New York Times provides a news update headlined "Court Upholds Death Penalty for Hussein." D.C. Circuit grants panel rehearing in Murphy v. IRS: "TaxProf Blog" provides a post titled "D.C. Circuit Panel Agrees to Rehear Murphy." Because rehearing has been granted before the original three-judge panel, the en banc D.C. Circuit has dismissed the federal government's petition for rehearing en banc as moot. "TaxProf Blog" links to the orders granting panel rehearing and denying rehearing en banc as moot. In Murphy, a unanimous three-judge D.C. Circuit panel held that "insofar as §104(a)(2) permits the taxation of compensation for a personal injury, which compensation is unrelated to lost wages or earnings, that provision is unconstitutional." You can access the now-vacated three-judge panel's ruling at this link. My initial coverage of that ruling appears here. "Rising near the top of U.S. judicial hierarchy; Supreme Court goal in Easterbrook reach": The Buffalo News yesterday published an article that begins, "When Frank H. Easterbrook was a teenager, winning awards for playing the French horn and acting in plays at Kenmore West High School, his father could tell there was something special about him." Posted at 10:12 AM by Howard Bashman U.S. Court of Appeals for the Sixth Circuit reinstates attorney Geoffrey N. Fieger's challenge to the constitutionality of the recusal rules applicable to the Justices serving on the Supreme Court of Michigan: Last night, in a post you can access here, I noted some remarkably acrimonious developments last week among the Justices on Michigan's highest court in a case involving disciplinary sanctions against attorney Geoffrey N. Fieger. As last night's post notes, the state court proceedings from Michigan are now the subject of Fieger's petition for writ of certiorari pending before the U.S. Supreme Court at No. 06-596. Today, a related aspect of attorney Fieger's recusal-related battle against various Justices on Michigan's highest court produced a ruling from the U.S. Court of Appeals for the Sixth Circuit. And today, Fieger achieved a significant if partial victory, as the Sixth Circuit has reinstated his challenge to the constitutionality of the recusal rules applicable to the Justices serving on the Supreme Court of Michigan. "Court Upholds Saddam's Death Sentence": The Associated Press provides a report that begins, "An Iraqi appeals court has upheld the death sentence for Saddam Hussein, Iraq's national security adviser said Tuesday." Reuters provides a report headlined "Saddam loses death sentence appeal: govt official." BBC News reports that "Death sentence for Saddam upheld; An Iraqi appeals court has upheld the death sentence against ousted President Saddam Hussein, Iraq's national security adviser has said." And CNN.com reports that "Iraqi court upholds Hussein death sentence." "2006 Appellate Year in Review": Today's installment of my "On Appeal" column for law.com can be accessed at this link. Posted at 07:00 AM by Howard Bashman "Anonymous testimony pushes limits; Defense lawyers say justice isn't served if they can't know the identities of the Israeli agents": The Los Angeles Times today contains an article that begins, "In three current high-profile criminal cases, federal prosecutors have asked that the identities of Israeli government witnesses be withheld from defendants and their attorneys -- a move some legal scholars see as a highly unusual end run around the 6th Amendment." Posted at 06:55 AM by Howard Bashman "St. Louis judge's outspoken book causing controversy": The St. Louis Post-Dispatch today contains an article that begins, "A liberal-bashing book by a veteran St. Louis judge is to become available publicly this week, but it is already causing a stir in political and legal circles -- and prompting some to say it could cost him his job." Posted at 06:48 AM by Howard Bashman "A Delusional System of Justice": Today in The Washington Post, columnist Richard Cohen has an op-ed in which he writes, "My person of the year is Gregory Thompson. I choose him to call attention to the madness of the death penalty." Posted at 06:45 AM by Howard Bashman "Justice Dept. Database Stirs Privacy Fears; Size and Scope of the Interagency Investigative Tool Worry Civil Libertarians": This article appears today in The Washington Post. Posted at 06:42 AM by Howard Bashman "Courts Side With NSA On Wiretaps": Today in The New York Sun, Joseph Goldstein has an article that begins, "Defense lawyers who had hoped that the public disclosure a year ago of the National Security Agency's wiretapping program would yield information favorable to their clients are being rebuffed by the federal judiciary, which in a series of unusually consistent rulings has rejected efforts by terrorism suspects to access the records." Posted at 06:32 AM by Howard Bashman "All But the Name of Marriage: New Jersey Adopts 'Civil Unions' for Same-Sex Couples." Joanna Grossman has this essay online at FindLaw. Posted at 06:30 AM by Howard Bashman Monday, December 25, 2006 "Assessing the Supreme Court": Indian Country Today offers an article that begins, "A U.S. Supreme Court considered anti-Indian by the balance of opinion in Indian country didn't improve its standing with these critics in 2006, but worth noting is that it didn't render decisions against Indian interests so much as it allowed lower court decisions to stand. And it took on one case, to be argued in January, concerning federal impact aid funding to schools that serve Indian students." Posted at 11:55 PM by Howard Bashman "High court's feud erupts over case involving Fieger": The Detroit Free Press on Friday published an article that begins, "A bitter and long-standing feud within the Michigan Supreme Court erupted into open warfare Thursday as Justice Elizabeth Weaver issued a stinging denunciation of the court's Republican majority and what she said was an attempt to gag dissenters. In a flurry of opinions, Weaver and the other justices exchanged accusations over a variety of grievances stemming from a case involving firebrand Southfield attorney Geoffrey Fieger. Longtime observers of the court said the eruption was like nothing any of them could recall." Also on Friday, The Free Press contained an editorial entitled "Fairness questioned at state Supreme Court." And columnist Brian Dickerson had an op-ed entitled "Oyez, oyez: God help this dysfunctional court!" One week earlier, Dickerson had a related op-ed entitled "Flustered court rushes to gag a rogue justice." Booth Newspapers on Friday published an article headlined "Supreme Court revives Fieger-inspired tussle." And The Associated Press provided reports headlined "Top state court denies Fieger request to postpone reprimand; Majority of justices say the action will not harm his ability to practice law as he makes an appeal" and "Justice Weaver again criticizes other Republicans on Michigan Supreme Court." Last Thursday's ruling of the Supreme Court of Michigan denying a stay in the Fieger matter, which includes the previously suppressed dissent by Justice Elizabeth A. Weaver, can be accessed here. The December 6, 2006 order that, in the words of The Associated Press headline caused "Justice Weaver [to] again criticize other Republicans on Michigan Supreme Court" can be accessed here, while Justice Weaver's dissent from that order can be accessed here. The Supreme Court of Michigan's ruling on the merits in the Fieger disciplinary case, issued on July 31, 2006, can be accessed here, while the briefs filed in that case can be accessed via this link. The Supreme Court of the United States has docketed the petition for writ of certiorari in Fieger v. Michigan Grievance Administrator at No. 06-596. "Stinging new book may cost judge job, some say": This article will appear Tuesday in The St. Louis Post-Dispatch. Posted at 11:10 PM by Howard Bashman "The meaning of Brown vs. the Board: The 1954 opinion did not establish colorblindness as a legal principle; There is no ambiguity to be decided in the high court's current cases." Law Professor Goodwin Liu has this op-ed today in The Los Angeles Times. Posted at 05:10 PM by Howard Bashman "FBI Chided for OKC Bomb Investigation": The AP provides a report that begins, "A two-year congressional inquiry into the Oklahoma City bombing concludes that the FBI didn't fully investigate whether other suspects may have helped Timothy McVeigh and Terry Nichols with the deadly 1995 attack, allowing questions to linger a decade later." Posted at 05:04 PM by Howard Bashman "High Court Becomes More Media Friendly": Mark Sherman of The Associated Press provides this report. Posted at 04:50 PM by Howard Bashman "Blawg Review Awards 2006": Available here, from "Blawg Review." Posted at 04:45 PM by Howard Bashman Sunday, December 24, 2006 "Md. Death Penalty May Come To Fore": This article appears today in The Washington Post. Posted at 03:25 PM by Howard Bashman "High court could rule school desegregation plans unconstitutional": The MetroWest Daily News of Framingham, Massachusetts today contains an article that begins, "Framingham's system for creating racially balanced schools - along with about 20 other policies in districts across the state - could be considered unconstitutional if the U.S. Supreme Court, as many expect, rules in favor of the plaintiffs in two cases it heard earlier this month." Posted at 03:15 PM by Howard Bashman "Supreme Court justice has surgery": The Associated Press provides this report from Vermont. The Supreme Court of Vermont has just five Justices, and Justice Brian L. Burgess is the court's newest member. Posted at 03:14 PM by Howard Bashman "Voiding of same-sex divorce is appealed": On Thursday, The Tulsa World published an article that begins, "A woman who sought a same-gender divorce in Tulsa County is appealing a judge's decision to set aside the divorce decree that he granted last month when he didn't know that both parties in the case were women. Documents filed Wednesday with the state Supreme Court indicate that issues being raised on appeal include whether the Oklahoma Constitution -- which states that a marriage in this state shall consist only of the union of one man and one woman -- is unconstitutional." You can also access the article in PDF format. Posted at 03:10 PM by Howard Bashman Saturday, December 23, 2006 "Kansas judge dismisses abortion charges; The outgoing attorney general's case against a doctor is tossed; 'This is war,' says the head of Kansans for Life": The Los Angeles Times today contains an article that begins, "Hours after the outgoing attorney general of Kansas charged one of the nation's few late-term abortion providers with illegally aborting viable fetuses, a judge dismissed the charges, ruling Friday that the attorney general had overstepped his authority" The Kansas City Star reports today that "Kline's abortion charges derailed; A judge dismisses 30 counts filed by the attorney general against a Wichita doctor." The Wichita Eagle reports that "Kline charges Tiller; Foulston intervenes." The Topeka Capital-Journal reports that "Kline speaks out against dismissal of charges." And The Lawrence Journal-World reports that "Soon as filed, charges against abortion doctor dismissed; Outgoing AG's actions criticized." "Man arrested at Qwest resigns; Prosecutor was allegedly having sex": This article appears today in The Seattle Post-Intelligencer. Posted at 11:45 PM by Howard Bashman "Condemned killer claims innocence 25 years later": Reuters provides a report that begins, "Condemned killer Mumia Abu-Jamal isn't getting his hopes up. The former radio reporter who was convicted of murdering a Philadelphia policeman in 1981 is appealing his death sentence on grounds that his lawyer Robert Bryan says offer his best chance yet of a new trial." Posted at 11:18 PM by Howard Bashman "A Matter of Degrees: John Roberts is Taking His Time to Reshape the High Court." Tony Mauro will have this article (free access) in next week's issue of Legal Times. Posted at 02:00 PM by Howard Bashman "Judicial hopeful steps aside; Bush's nominee for 5th Circuit withdrawing amid criticism": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "Jackson lawyer Michael Wallace said he will ask President Bush on Tuesday to withdraw his nomination to the the 5th U.S. Circuit Court of Appeals." Posted at 11:25 AM by Howard Bashman "Web error reveals censure of U.S. judge; In a rare move only inadvertently made public, action is urged against Manuel L. Real of L.A. for misconduct": Today in The Los Angeles Times, Henry Weinstein has an article that begins, "A judicial discipline council has voted overwhelmingly to impose sanctions on a veteran Los Angeles federal judge who improperly seized control of a bankruptcy case to protect a probationer he was supervising. But it is far from clear when, or even whether, the decision of the judicial council of the U.S. 9th Circuit Court of Appeals in San Francisco will become officially public." The article goes on to report that "[t]he council's order was inadvertently posted for more than a week on the Internet by Thomson/West, a legal publishing service. Four legal scholars who reviewed the judicial council's opinion for The Times said the decision was well-grounded, and they expressed dismay that it had not been made public immediately." I am attempting to obtain a copy of the decision so that I can post it online at "How Appealing." "BALCO prosecutors urge jail for reporters; 18-month sentence sought for refusing to identify sources": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Two Chronicle reporters acted 'in furtherance of crimes' in obtaining leaked grand jury transcripts of athletes testifying about steroids, and should be jailed for up to 18 months for not revealing the source of the transcripts, federal prosecutors told an appeals court Friday." Posted at 11:20 AM by Howard Bashman "Appeals Panel Cuts Award in Valdez Spill by Exxon": This article appears today in The New York Times. Today in The San Francisco Chronicle, Bob Egelko reports that "Punitive damages in '89 Alaska spill cut nearly in half; Court rules Exxon's actions not malicious." And The Anchorage Daily News reports today that "Exxon fine for oil spill is slashed on appeal; Punitive damages drop to $2.5 billion from $4.5 billion." "'Lawyer' Accused of Doing a Little Too Much for a 'Client'": Adam Liptak has this article today in The New York Times. And The Smoking Gun web site has an item headlined "Phony Lawyer In Jail Sex Ruse; Maryland woman impersonated attorney to orchestrate inmate tryst." You can access my earlier coverage at this link. Friday, December 22, 2006 Available online from law.com: An article reports that "Prisoners' Right to Internet Materials Contested; Bans on inmate mail generated from the Net are triggering lawsuits." And the new installment of my "On Appeal" column is headlined "2006 Appellate Year in Review." For the "Southern Appeal" blog, "The curtain closes": Details at this link. Posted at 09:15 PM by Howard Bashman "What Was Alberto R. Gonzales Thinking?: And what did Judge David Tatel write?" Jack Shafer has this Press Box essay online at Slate. Posted at 06:00 PM by Howard Bashman "Travelers Test Rules on Flying Without Identification": This audio segment (RealPlayer required) appeared on yesterday's broadcast of NPR's "Morning Edition." The segment refers to a related cert. petition (which you can access via this link) pending before the U.S. Supreme Court. Posted at |