|
|
|
Friday, October 31, 2003
Elsewhere in Friday's newspapers: The Washington Times reports here that "Justice management lacks minorities, report reveals." In other news, "Sniper jurors cry over 911 call." And an article reports that "Colonel in Iraq refuses to resign."
In The Boston Globe, Lyle Denniston reports that "R.I. redistricting challenge allowed." The Los Angeles Times reports here that "Appeals Court Condemns Prosecutor, but Upholds the Conviction He Won." You can access yesterday's ruling of the California Court of Appeal, Fourth District, Division Three, at this link. In other news, "City appealing profiling case; Council members will appeal to state high court to allow continuation of police data study." And you can access here an article headlined "Recall Backers Target Districts; A new initiative would assign the drawing of legislative boundaries to a panel of retired judges." Posted at 23:30 by Howard Bashman "Footage captures man shooting attorney outside courthouse": The Associated Press provides this report. And The Los Angeles Times reports here that "Shooting at Courthouse Is Captured on Video." Plus, The LATimes lets you watch the video here. Posted at 23:20 by Howard Bashman In news and commentary from Texas: In The Austin American-Statesman, David Pasztor has an article headlined "Report says state Supreme Court biased toward business; Chief Justice says the analysis ignores the legal and the constitutional bases for court decisions." Today's edition of The Houston Chronicle reports here that "High court rulings favor business, group says." You can access the report of Texas Watch at this link, and a related press release is available here. In other news, The Associated Press reports here that "Morales gets four years in prison; Ex-Texas attorney general must pay $330,000 in restitution and fines for mail fraud and filing false tax returns." The Houston Chronicle reports that "Redistricting challenges trial date chosen; Challenge would start in December." And The Chronicle also contains an editorial entitled "Wilson's Conviction: Use of false affidavit would be reprehensible." Posted at 23:00 by Howard Bashman In news from Canada, "Supreme Court says police can seize DNA": The Canadian Press provides this report. And you can access today's ruling by the Supreme Court of Canada at this link. Posted at 22:57 by Howard Bashman "Extreme Nominee: With Brown, Bush deepens partisanship over judges." This editorial appears in today's edition of The Detroit Free Press. Posted at 22:52 by Howard Bashman Available online at law.com: Tony Mauro is "Counting the Clerks." Marcia Coyle reports that "Immigration Appeals Surge; Backlog shifts from one level to the circuit courts." An article reports that "2nd Circuit Finds No Privilege Waiver in Gun Inquiry; Company said U.S. agency cleared its actions." And you can access yesterday's ruling by the U.S. Court of Appeals for the Second Circuit at this link. In other news from the Second Circuit, "Judge's 'Annoyance' Results in His Removal From Case." You can access that Second Circuit ruling here. Finally, an article from Connecticut asks "Workplace Computer Off-Limits?" Posted at 22:40 by Howard Bashman "Improper persona": Justice William W. Bedsworth's new column deals with incarcerated pro se litigants and the sort of motions they sometimes file with the court. As always, it's a must read. Posted at 22:27 by Howard Bashman "Any ex parte meeting or communication between the judge and the foreman of a deliberating jury is pregnant with possibilities for error": Demonstrating the accuracy of that assertion, today a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit reversed the criminal convictions of two defendants and remanded their cases back for a new trial. You can access the Fifth Circuit's ruling at this link. Posted at 20:25 by Howard Bashman Tonight's music selection: For Halloween, "Gravedigger" by Dave Matthews. Posted at 20:10 by Howard Bashman Another interviewee has volunteered to participate in this Web log's monthly "20 questions for the appellate judge" feature: Judge Richard B. Teitelman of the Supreme Court of Missouri will be the May 2004 interviewee in this blog's "20 questions" feature. And at midnight on Monday, November 3, 2003, I will be posting online here my "20 questions" interview with Senior Eighth Circuit Judge Richard S. Arnold. Posted at 17:30 by Howard Bashman This evening's Ten Commandments-related news round-up: The Associated Press reports here from Ohio that "Judge Appeals Display of Ten Commandments." From Wyoming, The AP reports that "Ten Commandments plan blasted by Phelps, civil rights groups." And from Georgia, NBC's 11 Alive News reports that "A group of ministers in Cherokee County entered the fray over the display of the Ten Commandments in public buildings on Friday." Posted at 17:14 by Howard Bashman "Justice describes 'hateful' court full of 'yes men'; Pittman allegedly threatened to take differences out 'on the street'": Today's edition of The Biloxi Sun Herald contains this report about the Supreme Court of Mississippi. Posted at 17:10 by Howard Bashman "Democrats derail Pickering bid again; Outrage crosses party lines": This article appears in today's edition of The Hattiesburg American. And The Biloxi Sun Herald reports here that "Democrats stall Pickering nomination." Posted at 17:08 by Howard Bashman "Top Court Mulls Pledge of Allegiance Case": Gina Holland of The Associated Press reports here that "The Supreme Court will decide soon if the California atheist who wants the words 'under God' stripped from the Pledge of Allegiance can serve as his own lawyer when the court hears his case next year." The article also goes on to note that Justice Ruth Bader Ginsburg may in the future be less indulgent of lawyers who refer to her during oral argument as "Justice O'Connor." Posted at 16:05 by Howard Bashman The United States of America has today filed its opening brief in the Fourth Circuit appeal against Zacarias Moussaoui: Via FindLaw, you can access the redacted brief here (a very slow-loading, 108-page PDF document). And the Fourth Circuit's docket entries in the appeal can be accessed here. Posted at 15:51 by Howard Bashman "California High Court Complicates Control of Unwanted E-Mails": Denise Howell has written this evaluation of the Supreme Court of California's recent ruling in Intel Corp. v. Hamidi. Posted at 15:35 by Howard Bashman "ACLJ Asks Federal Appeals Court to Declare Ten Commandments in Ohio Judge's Courtroom Constitutional": The American Center for Law and Justice today issued this press release concerning an oral argument that occurred this morning before the U.S. Court of Appeals for the Sixth Circuit. Posted at 15:02 by Howard Bashman Effort to impeach the Chief Justice of the Philippines threatens to throw that country into a constitutional crisis: Today's edition of The Manila Bulletin reports that "Gov't will strike hard at any group that tries to destabilize it amid impeach impasse." The article provides a good deal of background on the matter. For readers seeking even more details, please visit the blog "Philippine Commentary" by Dean Jorge Bocobo. In addition to blogging, Bocobo writes commentary for The Philippine Daily Inquirer. Posted at 14:59 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Suit Filed to Block 'Partial-Birth' Bill"; here "Judge Won't Stop Vote on Child-Testimony"; here "Jury: Patrolman Violated Officer's Rights"; and here "Judge Postpones Hearing for Ex-FBI Agent." Posted at 14:28 by Howard Bashman "The defendant was a witchy woman. The bewigged judge, resplendent in his red velvet robe, answered to 'Your Worship' and served liquor during sidebars." So beings a subscription-only article published in today's issue of The Fulton County Daily Report. A photograph of the Eleventh Circuit judge who presided over the mock trial can be viewed, today only, at this link. Posted at 12:41 by Howard Bashman Tonight's episode of the PBS program "NOW with Bill Moyers" will have a segment on Janice Rogers Brown's D.C. Circuit nomination: You can read more about tonight's program here and the segment in question here. Be sure to check your local listings. At some point, a transcript of tonight's program should be available via this link. (Thanks to "Talk Left" for the pointer.) Posted at 12:05 by Howard Bashman "Judge suspends crucifix verdict; An Italian judge has suspended a court order that would remove crosses from schools after the education ministry filed an appeal against the decision." BBC News provides this report. Posted at 11:49 by Howard Bashman Some readers of Al Kamen's "In the Loop" column in today's edition of The Washington Post may be wondering who is potential D.C. Circuit nominee "Tom Griffiths"? Why, it's Tom Griffith (no "s"), Assistant to the President--General Counsel and Secretary at Brigham Young University (see administration chart here). The column mentions, and consistently misspells, Griffith's name eight times. Posted at 11:13 by Howard Bashman And in other news from Georgia: The Atlanta Journal-Constitution today contains an article headlined "New fuel for Ten Commandments fray; Cherokee county pastor lobbies for courthouse display." In other news, you can access here an article headlined "ACLU attacks Matrix on privacy"; here "Journal author to change schools; Dad cites stress from story uproar"; here "Judge vows to stay on job; agency urges he go"; and here "Bar sues over Fulton's Sunday liquor law." Posted at 10:53 by Howard Bashman "Judges sentence outside the box; Punishment to fit the crime beats jail time": The Atlanta Journal-Constitution today contains this very interesting article. For example, the article reports that "Georgia law prohibits judges from banning people from the state, but they can ban someone from up to 158 of its 159 counties." Posted at 10:44 by Howard Bashman Cocaine possessed for personal use isn't relevant conduct to be considered when calculating the sentence of a defendant convicted of possession with intent to distribute cocaine: A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued this opinion, which explains that most (although not all) federal appellate courts follow this approach. Posted at 10:41 by Howard Bashman "Students rally for JAG suit": This article appears in today's issue of The Yale Daily News. And The Harvard Crimson reports here today that "Yale Students File Lawsuit." Posted at 10:29 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Alaska Judge Backs Initiative for Senate"; here "Housekeeper to Testify in Peterson Hearing"; here "Sources: Green River Suspect OKs Plea Deal"; and here "Cafe's 'Naked Karaoke' Upsets Neighbors." Posted at 10:13 by Howard Bashman Another interviewee has volunteered to participate in this Web log's monthly "20 questions for the appellate judge" feature: I am very pleased to announce that Circuit Judge Boyce F. Martin, Jr., whose tenure as Chief Judge of the U.S. Court of Appeals for the Sixth Circuit recently concluded, will be the April 2004 participant in this blog's "20 questions" feature. Posted at 09:59 by Howard Bashman "Minister aims to put anti-gay monument in Idaho": The Idaho Statesman today contains this report. Posted at 08:05 by Howard Bashman "A tribute to the law stirs legal dispute": This article appears in today's edition of The Cleveland Plain Dealer. Posted at 08:04 by Howard Bashman Justice Antonin Scalia should "calm himself": That's what Ian Alexander argues in an op-ed entitled "Right-wing rhetoric has too much 'tude" published in today's issue of The Daily Texan. Posted at 07:57 by Howard Bashman Available online at FindLaw: Today, Vikram David Amar has an essay entitled "Why Did Justice Scalia Decline to Participate in the 'One Nation Under God' Case? Recusal Decisions and When they Should, and Should Not, Be Required." And yesterday, Edward Lazarus had an essay entitled "The New Anti-'Partial Birth Abortion' Legislation: Is It a Political Watershed, Or Not?" Posted at 07:53 by Howard Bashman The Pittsburgh Post-Gazette is reporting: You can access at this link an article headlined "Two Supreme Court candidates debate here" and at this link an article headlined "Court rules amendment questions stay on Tuesday's ballots." Posted at 07:07 by Howard Bashman "unbillable hours" addresses what makes blogs useful: You can access here a post titled "E Pluribus Reynolds: Instapundit-style Aggregating, Enframing, and Modern Blogging." Posted at 07:00 by Howard Bashman In Friday's newspapers: The New York Times contains an article headlined "Critical Study Minus Criticism of Justice Dept." A related article is headlined "Unediting the Editing of Federal Report." You can access the original, restored report at this link (186-page PDF document). And you can access here a graphic explaining how the redactions to the publicly-released version of the study were reversed. In other news, "Young Sniper Suspect Becomes Central Figure in Trial." In news from Moscow, "Court Overturns Law Restricting Russian Media." An article reports that "Facing a Vote to End Primaries, Many New Yorkers Just Yawn." An editorial is entitled "A Crucial Case for the Supreme Court." An op-ed by columnist Bob Herbert is entitled "Sneak Attack by Bloomberg." An op-ed by former Los Angeles Mayor Richard J. Riordan is entitled "Set the Voters Free." And letters to the editor appear under the heading "For a Judge, and Against." The Washington Post reports here that "First Trial By Tribunal 'Imminent,' Official Says; 6 Al Qaeda Suspects Chosen as Eligible." An article reports that "911 Tape Has Jurors In Tears at Sniper Trial." In related news, "Photos Speak for Victims; Prosecutors Show Smiling -- and Graphic -- Portraits to Jurors." And you can access here an article headlined "Testimony Foreshadows Malvo Case; Lack of Witnesses May Point to Use Of His Statements." In other news, "Bankruptcy Judge Set To Rule on WorldCom." From Moscow comes news that "Russian Court Strikes Down Restrictive Press Law." Al Kamen's "In the Loop" column today -- entitled "On the Bench, Room on the Right?" -- begins with a discussion of which individual is most likely to receive a D.C. Circuit nomination to replace former nominee Miguel A. Estrada. And an editorial is entitled "Turn It Over." The Christian Science Monitor contains an article headlined "Out of prison, into a business crusade." And Edward Ordman writes about how his father became an appellate lawyer in an essay entitled "My father succeeded by the process of elimination." Posted at 06:25 by Howard Bashman "Fellow justice depicts McRae accuser as 'hateful'; Quick decision promised in bid by five to have high court member suspended": The Clarion-Ledger today provides this report from Mississippi. And that newspaper also offers this related editorial cartoon. Posted at 06:20 by Howard Bashman Additional coverage of the filibuster of the Pickering nomination: The Gannett News Service reports that "Pickering nod may be permanently stalled." The Washington Times reports here that "Democrats filibuster Pickering nomination." The Los Angeles Times reports here that "Democratic Senators Block Pickering's Confirmation; Lawmakers again use a filibuster to halt a Bush judicial nomination. Critics attack the judge's record; backers say he was smeared." And President Bush yesterday issued this statement about the filibuster. Posted at 06:15 by Howard Bashman Thursday, October 30, 2003
"Filibuster on Nominee to Court Seat Survives Vote": Neil A. Lewis will have this article in Friday's issue of The New York Times.
Posted at 23:38 by Howard Bashman
Elsewhere in Thursday's newspapers: The Washington Times reports here that "Hatch proposal angers activists." In news from Virginia Beach, you can access here an article headlined "'It brought me closer to God'" and here an article headlined "Boy's sniper testimony coaxed." And an article reports that "State Department bars mail searches." In The Boston Globe, Lyle Denniston has an article headlined "Another test in feeding-tube case; Husband asks judge to nullify new law." And in other news, "Prosecutors defend 'sneak and peek' warrant." The Los Angeles Times reports here that "Husband Sues Florida to Halt Wife's Feeding; Michael Schiavo and the ACLU are challenging the constitutionality of 'Terri's Law,' enacted to keep the brain-damaged woman alive." In other news, "Teen Testifies About Being Shot by Sniper; A bullet tore through his chest. His wounding triggered fears that even children weren't safe during the siege of violence last year." An article reports that "Damage Estimate in Ecuador Lawsuit Mounts to $6 Billion; A new study says the environmental cost of Texaco's oil drilling is higher than thought." And in other news, "Jailed Arms Dealer Could Be Released Early, Judge Rules; One of three convictions against Edwin Wilson is overturned. He might be freed in 2005." USA Today reports here that "Peterson trial may turn on hair strand; DNA method's validity key issue." And in other news, "Husband's lawyers file challenge to 'Terri's Law.'" Posted at 23:01 by Howard Bashman "O'Connor Speech Puts Foreign Law Center Stage": law.com tonight has made available online this article by Jonathan Ringel of The Fulton County Daily Report. Posted at 22:07 by Howard Bashman What's so terrible about Lochner? An editorial that The Washington Post published today concerning D.C. Circuit nominee Janice Rogers Brown has spawned this discussion by Law Professor David Bernstein online at "The Volokh Conspiracy." Posted at 22:05 by Howard Bashman "Scaliapalooza: The Supreme Court's pocket Jeremiah." Slate's Dahlia Lithwick today offers this essay. Posted at 21:54 by Howard Bashman The Associated Press is reporting: In news from Mississippi, "The hearing into misconduct allegations against Mississippi Supreme Court Justice Chuck McRae ended Thursday, leaving members of a judicial watchdog commission to deliberate whether to recommend barring McRae from the bench months before his term ends." And an article reports that "U.S. Capitol Said to Be Haunted Building" due, it seems, to the old U.S. Supreme Court chamber. Posted at 21:51 by Howard Bashman "Report says Supreme Court favors businesses": The Associated Press reports here that "The Texas Supreme Court routinely favored business over consumers in deciding cases over the last year, according to a watchdog group's annual report released today." Posted at 21:42 by Howard Bashman Asking the difficult questions: See this post by "boutique call" online at the "Greedy Clerks Board." Posted at 21:33 by Howard Bashman "Gloves Come Off in Fight to Control Courts; Brawl Over Sixth-Circuit Judgeships Illustrates High Stakes, Tough Tactics in Play": An article bearing that headline appears in today's issue of The Wall Street Journal. Unfortunately, the article is not freely available online. Posted at 21:10 by Howard Bashman "Arizona Sheriff Runs World's Only Female Chain Gang": Reuters provides this report. Posted at 21:04 by Howard Bashman "A Judge's Life: The Final Reckoning." Nat Hentoff's column published online today by The Village Voice begins, "I write this final column on Charles Pickering because, in some 50 years as a reporter, I have seldom seen such reckless, unfair, and repeated attacks on a person--not only by Democrats on the Senate Judiciary Committee but also by organizations that gather financial contributions because of their proclaimed dedication to civil rights, civil liberties, and honest research. (People for the American Way, Alliance for Justice, et al.)" Posted at 21:00 by Howard Bashman Here, khittie: Today the U.S. Court of Appeals for the First Circuit issued an opinion demonstrating that, while Circuit Judge Bruce M. Selya may no longer poke fun at the names of parties to litigation, he's not averse to coining a pun about a controlled substance-containing material. Today's opinion begins: A jury found defendant-appellant Abdigani Hussein guilty of knowingly possessing and intending to distribute khat, a plant naturally containing the chemical stimulant cathinone (a Schedule I controlled substance), in violation of section 841(a)(1) of the Controlled Substances Act (CSA). The district court refused to set aside the verdict and sentenced Hussein to one year's probation. Hussein appeals, asserting that (i) the CSA did not afford him fair warning that possession of khat was illegal, and (ii) the government did not sufficiently prove his knowing possession of a controlled substance.In the course of rejecting the defendant's sufficiency of the evidence claim, Judge Selya writes: "In this case, however, there is more than one way to skin a khat." For me to say more about the opinion, other than to recommend it as quite an interesting read, would be supererogatory. Posted at 19:09 by Howard Bashman "Senate Democrats Block Bush Court Pick": Friday's edition of The Washington Post will contain this report. Posted at 19:02 by Howard Bashman White House Counsel Alberto R. Gonzales discusses the judicial nomination and confirmation process today on "Ask the White House": According to the White House Web site, "Today is the one-year mark since the President announced his plan for timely consideration of judicial nominees. Gonzales discussed the broken confirmation process." You can access the transcript here. Posted at 17:39 by Howard Bashman USDOJ announces that Seventh Circuit Judge Richard A. Posner has won the John Sherman Award for his lifetime contributions to the teaching and enforcement of antitrust law and the development of antitrust policy: You can access today's press release at this link. Posted at 17:36 by Howard Bashman The Associated Press is reporting: Anne Gearan reports that "Prosecutor Says Terror Trial Is Imminent." Gina Holland reports that "Commission Instructs Judges on Sentencing." And in other news, "Groups Question Voting Machines' Accuracy." Posted at 17:30 by Howard Bashman Some additional news from today's executive business meeting of the Senate Judiciary Committee: Today the committee approved by a voice vote the nomination of Dora L. Irizarry to serve on the U.S. District Court for the Eastern District of New York. Her nomination was viewed as a bit more controversial than is typical for federal district court candidates because she received a majority "unqualified" rating from the American Bar Association and, according to this article, she also was "found unqualified for an Eastern District judgeship [several months ago] by a lopsided vote of the Judiciary Committee of the Association of the Bar of the City of New York, sources report." Posted at 16:45 by Howard Bashman "Fox nearly sued itself over 'Simpsons' parody: Matt Groening." Agence France Presse has this report. Posted at 15:49 by Howard Bashman "Senate committee again delays Saad's nomination": The AP has this news. Posted at 14:44 by Howard Bashman "Judge Pickering calls filibuster disappointing; son says fight will continue": The Associated Press provides this report. Posted at 14:27 by Howard Bashman Good news for Ray Lupa: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision that concludes: Accordingly, we find that Congress did not violate the Establishment Clause of the First Amendment by its enactment of RLUIPA. There being no independent constitutional bar to the statute, it remains a valid exercise of Congress' Spending Clause authority, and the district court's decision to award summary judgment in favor of Charles on his prayer oil claim under RLUIPA is affirmed.RLUIPA, of course, stands for the Religious Land Use and Institutionalized Persons Act. You can learn more about that federal law here. Posted at 13:31 by Howard Bashman "Students to file JAG suit; Groups representing about 50 law students to sue Dept. of Defense today over recruiting": This article appears in today's issue of The Yale Daily News. Posted at 13:18 by Howard Bashman "GOP Fails to End Filibuster of Pickering": The Los Angeles Times provides this news update. Posted at 13:12 by Howard Bashman "Appeals court agrees to expedite review in JOA case": The Seattle Post-Intelligencer reports here today that "A state appeals court will step into the fight between Seattle's two daily newspapers, agreeing yesterday to quickly review a lower court's ruling that handed an early victory to the Seattle Post-Intelligencer." Posted at 13:10 by Howard Bashman "Carson soldier faces charge of cowardice": The Gazette of Colorado Springs reports here today that "A soldier with Fort Carson’s 10th Special Forces Group has been charged with cowardice for allegedly refusing to do his duty in Iraq." Posted at 13:06 by Howard Bashman "GOP Fails to Break Pickering Filibuster": Jesse J. Holland of The Associated Press provides this report. Update: You can access the official roll call vote tally at this link. Posted at 11:26 by Howard Bashman The U.S. Senate's first cloture vote on the nomination of Charles W. Pickering, Sr. to serve on the Fifth Circuit fails to invoke cloture: Fifty-four votes were cast in favor of cloture, and forty-three votes were cast against. Sixty votes in favor are required to invoke cloture. Posted at 11:15 by Howard Bashman "Rally Supports Bush Nominee for Court Post": Today's edition of The Los Angeles Times reports here that "A group gathered Wednesday to urge the confirmation of Judge Carolyn B. Kuhl to the federal appellate bench included a judge who had overturned her most controversial ruling." Posted at 11:11 by Howard Bashman The U.S. Senate's cloture vote on the nomination of Charles W. Pickering, Sr. to serve on the Fifth Circuit has just begun: The outcome of the vote should be available soon. Posted at 10:50 by Howard Bashman It's true: As I noted late last night, Ninth Circuit Judge Stephen Reinhardt will be the February 2004 participant in this Web log's "20 questions for the appellate judge" feature. A list of all of the upcoming interviewees (from November 2003 through March 2004) can be accessed here. Posted at 10:36 by Howard Bashman "Ridgway guilty plea expected in 48 killings; In exchange, the Green River suspect's life would be spared": This article appears in today's issue of The Seattle Post-Intelligencer. And The Seattle Times reports here today that "Ridgway reportedly admits killing as recently as 1998." Posted at 10:30 by Howard Bashman Some judicial confirmation-related commentary: Today Sean Rushton has an essay entitled "Inaccurate Radio: NPR on Janice Rogers Brown" at National Review Online. And Ann Coulter has an essay entitled "The 'mainstream' is located in France" available online at Town Hall. Posted at 10:20 by Howard Bashman On the agenda: The U.S. Senate is now debating the cloture motion on the nomination of Charles W. Pickering, Sr. to serve on the U.S. Court of Appeals for the Fifth Circuit. You can watch the debate, to be followed shortly by a vote on the cloture motion, via this link. At 10:30 a.m. today, the Senate Judiciary Committee will hold an executive business meeting. Among the judges listed on the agenda to be voted on today are Sixth Circuit nominee Henry W. Saad, Eastern District of New York nominee Dora L. Irizarry, Third Circuit nominee D. Michael Fisher, and D.C. Circuit nominee Janice Rogers Brown. Posted at 10:01 by Howard Bashman "Justice: McRae went too far; Disruptions, abuse cited at hearing." Today's edition of The Clarion-Ledger contains an article that begins, "Supreme Court Justice George C. Carlson Jr. testified Wednesday that Justice Chuck McRae's verbal abuse of Chief Justice Ed Pittman was so harsh 'I'll go to my grave remembering it.'" Posted at 09:59 by Howard Bashman "Killer will get kosher meals; The state has agreed to accommodate the kosher dietary requests of a killer who alleged that his rights were being violated." This article appeared in yesterday's issue of The Miami Herald. (Via "Obscure Store.") Posted at 09:55 by Howard Bashman This morning's Ten Commandments-related news: From Alabama, The Associated Press reports here that "Moore lawyers say removal may be inevitable.'" Late yesterday, The AP reported that "Court orders Moore trial open to public." You can access the order here. The AP also reports that "A poll of Alabama voters found strong support for displaying the Ten Commandments in government buildings, but a majority said suspended Chief Justice Roy Moore should have obeyed a court order to remove his monument." And an editorial published in today's issue of The Montgomery Advertiser begins, "In what may be the most unjustified, baseless campaign in the history of the American judiciary, an out-of-state supporter of suspended Chief Justice Roy Moore says he will come to Alabama to launch an impeachment effort against U.S. District Judge Myron Thompson, the federal judge who ruled against Moore in the Ten Commandments monument case." Finally, in news from Georgia, The AP reports that "The Cherokee County Board of Commissioners is being asked to approve a Ten Commandments display at the county courthouse." Posted at 09:52 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Spike in N.C. Executions Blamed on Debate"; here "Man Faces Prison for Not Planting Mums"; and here "Confederate Banner Back in Miss. Politics." Posted at 09:31 by Howard Bashman "Judicial nominee raises red flags": The Virginian-Pilot contains an editorial today that begins, "To understand the discomfort over Claude Allen’s nomination to the 4th Circuit Court of Appeals, match his credentials to those of Judge Allyson Duncan." By the way, word is that Circuit Judge Allyson K. Duncan's formal investiture into the Fourth Circuit occurred yesterday. Posted at 07:00 by Howard Bashman "Group says Hatch 'paying blackmail' to end filibuster": This article appears in today's edition of The Deseret Morning News. Posted at 06:55 by Howard Bashman Today the full U.S. Senate is scheduled to vote on whether to invoke cloture on the nomination of Charles W. Pickering, Sr. to serve on the U.S. Court of Appeals for the Fifth Circuit: Stay tuned for complete coverage of what is expected to be the start of the next judicial filibuster. Jesse J. Holland of The Associated Press reports here that "Republicans will likely fail to force a long-delayed vote on Mississippi judge Charles Pickering's nomination to the federal appeals court, the Senate Democratic leader says." The Los Angeles Times reports here today that "Senate Vote on Pickering Is a Matter of Timing; Republicans schedule the decision on the Mississippi judge just before a gubernatorial race in his home state." And in The Washington Times, Senate Judiciary Committee Chairman Orrin G. Hatch (R-UT) has an op-ed entitled "It's time to vote for Pickering." Posted at 06:46 by Howard Bashman "Brown Gets Borked: Her problem is that she's too qualified--and black." This editorial appears today in The Wall Street Journal. Posted at 06:45 by Howard Bashman In Thursday's newspapers: The New York Times reports here that "Spouse Fights New Law Over Feeding Tube." In other news, "Youngest Victim of Sniper Tells of Bullet in Chest." An article reports that "Ex-C.I.A. Man Wins Verdict Reversal." You can access here an article headlined "Nominee to Justice Department Post Vows Fair Inquiry on Leak." In news from Texas, "Double Blow, One Fatal, Strikes Police in Houston." In local news, "Suit Accuses Police in Brooklyn of Strip-Searches in Minor Cases." In other local news, "Forget About 'Wicked.' Today's Witch Is Wiccan." And a letter to the editor appears under the heading "Terms of 'Partial Birth.'" The Washington Post reports here that "Witnesses Say They Saw, Reported Caprice; Car Was Observed Near Sniper Shooting Scenes as Police Sought White Van." A related news analysis is headlined "Slowly Building Pieces Into a Whole: In Sniper Trial, Prosecution's Circumstantial Case Begins to Coalesce." In other news, "False Evidence Cited in Overturning Arms Dealer's Case." An article reports that "Judge Delays Trial in Va. Park Killings." An editorial entitled "Fueling the Fight" remarks that "To put it mildly, Justice Brown is not what we had in mind." Columnist George F. Will has an op-ed entitled "Reason and Death." And a letter to the editor appears under the heading "Allegiance to Whom?" Posted at 06:16 by Howard Bashman Wednesday, October 29, 2003
Even more good news: Ninth Circuit Judge Stephen Reinhardt will be the February 2004 participant in "20 questions for the appellate judge."
Here is the schedule looking forward. Senior Eighth Circuit Judge Richard S. Arnold will be the November 2003 interviewee, and his interview will be posted online here shortly after midnight on Monday, November 3, 2003. Seventh Circuit Judge Richard A. Posner will be the December 2003 interviewee. Tenth Circuit Chief Judge Deanell Reece Tacha will be the January 2004 interviewee. Judge Reinhardt will be the February 2004 interviewee. And First Circuit Judge Bruce M. Selya will be the March 2004 interviewee. Accordingly, the federal or state appellate judge willing to claim the next vacancy will have his or her interview appear online here in April 2004. You can access the archive containing the nine past installments of the "20 questions" feature at this link. Posted at 23:25 by Howard Bashman The agenda for tomorrow morning's executive business meeting of the Senate Judiciary Committee is available online: You can view the agenda here. Three federal appellate court nominees are shown as scheduled for votes, but only time will tell whether the committee will actually vote on any of them tomorrow. Posted at 23:23 by Howard Bashman "Secret 9/11 case before high court; The justices consider a petition for a case with no public record." Warren Richey will have this article in Thursday's edition of The Christian Science Monitor. Posted at 23:19 by Howard Bashman Elsewhere in Wednesday's newspapers: The Los Angeles Times reports here that "Constitution Saves Accused Ex-Judge; Experts say it's no technicality that voids a former O.C. jurist's child porn case." The newspaper also publishes a correction to yesterday's article about this matter. In news from Colorado, "Bryant's Next Court Date Postponed Until Nov. 13." An article reports that "Until Court Rules, U.S. Wildlife Unit Won't Allow Killing of Endangered Species in Land Exchanges." In other news, "Trucker Gets 20 Years in Terror Plot; Judge refuses man's bid to renege on his guilty plea involving post-9/11 attacks." An op-ed by Stephen Drake is entitled "Disabled Are Fearful: Who Will Be Next?" And an op-ed by Mark Ridley-Thomas and Erwin Chemerinsky is entitled "Now That It's Finally Over, Let's Revamp the Recall." USA Today contains an article headlined "Bush: USA isn't ready for total abortion ban; But many suspect president wants to go in that direction." The Boston Globe reports here that "7 of 12 jurors in Sampson case say they support death penalty." In The Washington Times, Frank J. Murray reports that "Defense alters tack to avoid horror." In related news, "Witnesses tell of fear on sniper's bloodiest day." And an editorial is entitled "Chipping away at abortion." Posted at 22:50 by Howard Bashman The plaintiff's lawsuit is "seriously frivolous": So concludes Seventh Circuit Judge Richard A. Posner in a little gem of an opinion that you can access here. Posted at 22:23 by Howard Bashman Unanimous Third Circuit panel holds that the indefinite detention of inadmissible aliens does not give rise to a due process violation: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. This issue was already the subject of a circuit split, and I anticipate that the Supreme Court of the United States will one day agree to decide the matter. Posted at 22:06 by Howard Bashman "Court: Female guards do not violate male prisoners' rights." The Associated Press today provides this report on an unpublished opinion that the U.S. Court of Appeals for the Fifth Circuit issued yesterday. Posted at 22:02 by Howard Bashman "U.S. justice is honored: O'Connor says court has its ear to the world." This article appears in today's edition of The Atlanta Journal-Constitution. Posted at 20:55 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Schiavo Lawyers Challenge 'Terri's Law'"; here "'Butterfly Ballots' May Have Confused"; here "FBI Primarily Focusing on Terror Cases"; here "Texas Sex Offenders Face Halloween Orders"; here "Justice Nominee Vows Fair CIA Probe"; here "Moon Rock Thief Gets Sentenced to Jail"; and here "DNA Testimony Opens Scott Peterson Hearing." Posted at 20:49 by Howard Bashman "Lott: Pickering defeat would rile state voters." Today's issue of The Biloxi Sun Herald contains an article that begins, "Mississippi Republican Sen. Trent Lott said his state would be 'mad as hell' if Democrats block Hattiesburg federal judge Charles Pickering's nomination for an appeals court seat this week and that he'll make sure angry voters take their wrath to the polls." Posted at 20:37 by Howard Bashman "Street magician sues Seattle, saying rights denied": An article in today's edition of The Seattle Post-Intelligencer begins, "A Seattle street magician has sued city for making him disappear." Posted at 20:32 by Howard Bashman My trip to Pittsburgh has concluded: I have arrived home, safe and sound. Awaiting me in this blog's email account was what could potentially be another amazing "20 questions for the appellate judge"-related announcement, so stay tuned to see if that materializes in the near future. Tonight's email also contained news of a new blog titled "Digitus Impudicus: Three lawyers and the finest term of art the law has produced." The part of the blog's title that's in Latin comes from a recent Texas state appellate court decision that I mentioned here earlier this month. Posted at 20:30 by Howard Bashman "Army files charge in combat tactic": The Washington Times today reports here that "The Army has filed a criminal assault charge against an American officer who coerced an Iraqi into providing information that foiled a planned attack on U.S. soldiers." Posted at 14:00 by Howard Bashman Today's Ten Commandments-related news: From Alabama, The Birmingham News reports here that "Judge denies Moore's motions; Refuses to disqualify Pryor, five judges." And The Associated Press reports here that "Court of Judiciary members refuse to step down from Moore case." In news pertaining to Wyoming, The Rocky Mountain News reports here today that "Anti-gay preacher loses; Casper City Council votes against 6-foot monument deriding Matthew Shepard." Yesterday, that newspaper reported that "Casper set to reject anti-gay monument; City is 'repulsed' by Kansas minister's 'message of hate.'" The Casper Star-Tribune reports here that "City Council decides to create monument plaza" and here that "Crowd prays for monument." Previously, that newspaper reported that "Casper ponders 'historic plaza.'" And The AP reports that "Plaza chosen as Ten Commandments monument solution." In news from Idaho, The AP reports that "Group wants Ten Commandments posted at courthouse." Finally, in news from Georgia, The Athens Banner-Herald reports here that "Barrow makes no decision on legal counsel." And The Gainesville Times reports here that "California man's message favors Ten Commandments." Posted at 13:40 by Howard Bashman "House Committee Hears Judges Discuss Circuit Split": The U.S. Court of Appeals for the Ninth Circuit issued this press release last week. Perhaps as a split supporter I'm overly sensitive about such things, but doesn't the press release seem a bit one-sided? Posted at 13:30 by Howard Bashman "Sniper Suspect Rehires Lawyers": The Onion asks, "What do you think?" Posted at 13:12 by Howard Bashman "Judicial Nomination in Dispute": On NPR's "Morning Edition" today: Sen. Paul Sarbanes (D-MD) and Sen. John Warner (R-VA) clash over the nomination of Virginia Judge Claude Allen to the 4th Circuit Court of Appeals. Maryland traditionally holds three of the 15 seats on the federal appeals court, based in Richmond, Va. Sarbanes opposes any candidate who is not from Maryland. NPR's Nina Totenberg reports.You can access the audio via this link. Posted at 13:08 by Howard Bashman "Are the Democrats effectively discriminating against minorities?" "Jane Galt" of the blog "Asymmetrical Information" has a post that begins: "With Miguel Estrada, and now Janice Brown, the Democrats are pretty clearly trying to keep conservative minorities off the appellate bench, so that they can avoid a high-profile showdown over a potential Supreme Court nomination. Is this the kind of discrimination they've outlawed for private companies?" Thanks to "InstaPundit" for the pointer. Posted at 13:05 by Howard Bashman In today's issue of The Atlanta Journal-Constitution: You can access here an editorial entitled "Judicial pick not fit for U.S. court." In response, L. Lynn Hogue has an op-ed entitled "Political attacks on nominees threaten to dry up judicial pool." Posted at 12:53 by Howard Bashman "ACU blasts Sen. Hatch over talk of judges deal": This report appears in The Hill today. Posted at 12:49 by Howard Bashman "Snake Found in Conn. Divorce Courtroom": The Associated Press reports here that "A snake was found in the divorce courtroom in Danbury, Conn., and no, it wasn't someone's spouse." Posted at 12:40 by Howard Bashman In Wednesday's newspapers: In The New York Times, Neil A. Lewis reports that "Senators Seek Marylander for Judgeship." Also, the newspaper today runs a correction (second item) to an error in an article published yesterday that Lewis had written. In other news, "Bush Backs His Brother's Decision in Feeding Tube Case." An article reports that "Justice Dept. Tightens Security in C.I.A. Leak Case." You can access here an article headlined "Microsoft Settles 6 More Suits" and here an article headlined "Web Group Backs Microsoft in Patent Suit." In Olympics-related news, "Trial Opens in Salt Lake City on How the Games Were Won." And in local news, "Woman Guilty in Son's Suicide Says School Bullying Is to Blame." The Washington Post reports here that "Sarbanes, Mikulski Protest Virginian's Appeals Nomination; Seat Is Maryland's, Senators Say." A front page article is headlined "Sniper Victim Prayed 'God Would Not Let Me Die'; Va. Survivor Testifies Against Muhammad." In related news, "Recalling a Day of Helplessness; Sorrow Imbues Md. Man's Testimony About Woman Slain on Bench." In other news from Virginia, "Ohio Man Gets 20 Years for Al Qaeda Plot; Judge Refuses to Drop Guilty Plea Over Plan to Attack Brooklyn Bridge, D.C." In news from Maryland, "Supremacist Set for Plea Bargain, Release; Baltimore Man's Jailing Without Bail United Civil Libertarians, Gun Enthusiasts." An article reports that "Kozlowski Jurors Shown Videotape Of Lavish Party." And a letter to the editor appears under the heading "Reality Check on Judicial Nominations." In The Christian Science Monitor, an article about the USA Patriot Act is headlined "Odd bedfellows fall in line." You can access here an article headlined "Crime & forgiveness: Most of us like to believe that every human being deserves a chance at redemption. But are some crimes so dark that forgiveness can never be earned?" And an editorial is entitled "Schiavo and Healthcare Rights." Posted at 08:25 by Howard Bashman "Senate GOP Readies for Pickering Showdown": Jesse J. Holland of The Associated Press reports here that "After more than two years of waiting, Mississippi judge Charles Pickering will get a Senate vote this week on his nomination to a federal appeals court. But Senate Democrats are expected to use the vote Thursday to begin filibustering to block Pickering, who wants a seat on the 5th U.S. Circuit Court of Appeals in New Orleans." Posted at 08:05 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Victim Appears at Sniper Suspect's Trial"; here "Court Restricts Movement of Abortion Foe"; here "Laci Peterson Hearing Set to Begin"; and here "Mo. High Court Overturns Death Sentences." Posted at 08:00 by Howard Bashman "Ex-CIA agent's conviction tossed; Judge: Feds withheld info." Today's edition of The Houston Chronicle contains this report. Posted at 07:53 by Howard Bashman The Pittsburgh Post-Gazette is reporting: You can access here an article headlined "Phone lines are crackling with slime in judge race." And in other news, "ACLU: City parade permit policy unfair." Posted at 07:52 by Howard Bashman "Court rejects death penalty in 3 cases": The St. Louis Post-Dispatch today provides this report. Posted at 07:47 by Howard Bashman From the current issue of Dissent magazine: You can access here an essay by Professor Jean L. Cohen entitled "Privacy without the Closet: Lawrence vs. Texas." And Professor Richard Rorty has a review of Richard A. Posner's new book, "Law, Pragmatism, and Democracy." (Disclosure: I too was reading that book as recently as last night.) Later today, I will review the contents of the current issue of Concur in Part magazine. Posted at 07:43 by Howard Bashman "Students sue over speech rights; Online chat threatened teacher, school says": The Atlanta Journal-Constitution reports here today that "Two high school seniors and their fathers filed a federal lawsuit over the students' suspensions last school year for comments they made online that were perceived to be threatening to a Gwinnett County teacher." Posted at 07:33 by Howard Bashman "Attorneys' pay faulted in death penalty cases": This article appears today in The Houston Chronicle. Posted at 07:31 by Howard Bashman "Consumers Union Case Tests Libel Law; U.S. Supreme Court asked to intervene, 15 years after magazine first gave negative product review of Suzuki car": Tony Mauro provides this preview of cases in which the U.S. Supreme Court is likely to grant review in the near future. Posted at 07:30 by Howard Bashman Coverage of yesterday's Senate Judiciary Committee confirmation hearing for Fourth Circuit nominee Claude A. Allen:</ |
