How Appealing

Thursday, December 21, 2006

"Senator Brownback and the Judge": The New York Times on Friday will contain an editorial that begins, "If most people were asked to list the qualities they want in a federal judge, few would include 'has not attended a same-sex commitment ceremony.' But that was the outrageous litmus test that Senator Sam Brownback, Republican of Kansas, applied to Janet Neff, whose nomination he has been blocking."
Posted at 11:59 PM by Howard Bashman


"SJC role in gay marriage vote argued; Plaintiffs want legislators guided": This article appears today in The Boston Globe.

And The Republican of Springfield, Massachusetts reports today that "Gay marriage lawsuit argued."
Posted at 11:58 PM by Howard Bashman



"Sullivan Will Voluntarily Testify Before Judiciary Committee": Lynne Tuohy of The Hartford Courant provides a news update that begins, "Former Chief Justice William J. Sullivan has reversed his stance and said he will voluntarily testify before the legislature's Judiciary Committee about his withholding release of a controversial ruling on access to the courts."
Posted at 11:57 PM by Howard Bashman


"'Ask the Author' with David Stras": Law Professor David Stras, whose law review articles and Minnesota Public Radio appearances I've occasionally noted here in the past, is participating in this question-and-answer session at "SCOTUSblog."
Posted at 11:55 PM by Howard Bashman


Who knew that being an attorney was a free pass to sex with inmates? The Baltimore Examiner today contains an article headlined "Investigators: Woman fakes attorney pass for inmate sex."

And The Associated Press reports that "Woman Allegedly Steals ID for Inmate Sex."

At least this time, it's not a real lawyer who's accused of hanky panky with a prisoner.
Posted at 11:48 PM by Howard Bashman



Available online from law.com: An article reports that "Calif. High Court Takes Up Recusals Over Film, Book."

In other news, "After Shooting, Firms Think of Security; Wariness expressed over certain type of client."

Shannon P. Duffy reports that "Test Taker Sues to Gain More LSAT Time."

And Lawrence Savell has an essay entitled "Is Your Blog Exposing You to Legal Liability?"
Posted at 11:40 PM by Howard Bashman



Programming note: During the day today, I will be away from the office meeting with co-counsel to finalize a Brief for Appellants due to be filed today in an appeal pending in the Superior Court of Pennsylvania. Earlier media coverage of that case can be accessed here.

Additional posts will appear here later today.
Posted at 08:35 AM by Howard Bashman



Petition for writ of certiorari filed in grandparent visitation case: Yesterday, with the invaluable assistance of the University of Virginia School of Law's Supreme Court Litigation Clinic, a petition for writ of certiorari was filed in the U.S. Supreme Court presenting the following question over which state courts of last resort are profoundly divided:
Whether the Fourteenth Amendment's Due Process Clause is violated when a court orders grandparent visitation over a fit parent's objection, where the grandparent has not proved by clear and convincing evidence that such an order is necessary to prevent harm or potential harm to the child.
This is the case in which a client of mine was on the losing side before the Supreme Court of Pennsylvania. You can access the Pa. Supreme Court's opinions in that case via this link, while related earlier press coverage from Joan Biskupic of USA Today can be accessed here.

The cert. petition itself can be accessed at this link. Let me thank Mark T. Stancil, Law Professor Daniel R. Ortiz, David T. Goldberg, and UVA law students Andrew Carlon, Lisa Kinney, and Matt Madden for their tremendous work resulting in yesterday's court filing.

Update: The Supreme Court has docketed the case at No. 06-863. Respondent's brief in opposition is currently due on or before January 22, 2007.
Posted at 08:33 AM by Howard Bashman



"State high court to review same-sex marriage ban": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Marriage law goes to high court; State Supreme Court sets aside appellate ruling on same-sex issue, agrees to hear arguments."

In The Sacramento Bee, legal affairs writer Claire Cooper has an article headlined "Review for gay marriage; High court moves quickly in agreeing to study state's ban."

Josh Richman of The Oakland Tribune reports that "State Supreme Court takes gay marriage cases."

And The San Jose Mercury News contains an article headlined "Next step for gay marriage; State Supreme Court agrees to weigh whether ban violates civil rights."
Posted at 08:20 AM by Howard Bashman



"High court may take up question of Scouts' religious status; Ninth U.S. Circuit requests state review of federal case involving San Diego's $1-a-year lease of parkland to group": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:15 AM by Howard Bashman


"N.J. Gov. to Make Gay Unions Official": The Associated Press provides this report.
Posted at 08:14 AM by Howard Bashman


"Judge Questiions the FCC's Right To Police Network Television": Joseph Goldstein has this article today in The New York Sun.

And today in The New York Daily News, David Bianculli, that newspaper's television critic, has an essay entitled "F-bombs away at FCC wrangle."

You can access my earlier coverage of yesterday's Second Circuit oral argument at this link.
Posted at 08:05 AM by Howard Bashman




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