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Sunday, February 29, 2004
"No middle ground: The gay marriage issue has become an emotional tug of war nationally and locally - and both sides are pulling hard." This article appears today in The Buffalo News.
Posted at 23:55 by Howard Bashman
"Supporters: Book should stay on shelves." A fight over evolution is the subject of this article published today in The Helena Independent Record. Posted at 23:52 by Howard Bashman "'Da Vinci Code' leads to Nashville federal court": This article appeared Thursday in The Tennessean. Posted at 23:50 by Howard Bashman From the March 8, 2004 issue of U.S. News and World Report: The new issue of the magazine will contain articles headlined "Tied in Knots by Gay Marriage; The politics of Bush's amendment to the culture war are complex for both parties"; "A Legal Maze-And More To Come"; "The First to Face the Tribunals"; and "Getting A Free Pass: Anger over a deal to release a 'terrorist.'" Posted at 23:40 by Howard Bashman Elsewhere in Sunday's newspapers: The Boston Globe reports that "Illinois proposal would tag the cars of drunk drivers." An article reports that "Rulings test Finneran's authority." In other news, "Appeals court set to hear FBI suit; US argues families brought claims late." An article reports that "Hadley law on building goes to SJC; Measures to temper development at issue." In news from one of the Nation's top universities, "Stem cell center eyed at Harvard; Researchers seek to bypass US restrictions" and "Harvard to announce aid for poor students." And columnist Eileen McNamara has an op-ed entitled "Obstruction to justice." The Los Angeles Times reports that "Cost of Vengeance Divides Oklahoma; Second trial for bomb plotter Terry Nichols has one town asking if the death penalty is worth the financial and emotional toll." In other news, "Firm Sued by D.A. Funds Bid to Recall Him; Pacific Lumber gives $229,000 to campaign to oust the Humbolt County official who filed fraud case." Jim Newton, a Los Angeles Times editor currently on leave while writing a biography of Earl Warren, has an op-ed entitled "Warren Court Opened Door to Wedding Chapel for Gays; The 1954 ruling against 'separate but equal' reverberates today." Jonah Goldberg has an op-ed entitled "Raising the Volume; Candidates of both parties want to sit out the culture wars, but that's not possible." And Jack Miles has an op-ed entitled "What Would He Say? Jesus railed against a grave threat to marriage; No, not homosexuality -- divorce." The Washington Times reports that "Gays' political clout facing test." In other news, "Nine states keep resident sex-offender lists private." And in news from Texas, "Murderer returns to prison again." Posted at 23:10 by Howard Bashman To serve you better: In the nearly two years that "How Appealing" has been in existence, I have been asked multiple times by readers why I don't provide links, as many other blogs do, allowing readers who wish to make donations to do so. After much prodding, tonight I have added such links. Donations that are received will go first toward the purchase of a laptop computer, which will allow me to keep "How Appealing" updated while I am on the road. Once that goal is achieved, additional donations will go toward the cost of switching from Blogger to Movable Type and paying the bandwidth fees necessary to host this blog on a more reliable server. So, whether you choose to donate or not, I can assure you that all donations will go toward appropriate, blog-related causes. And for those who do choose to donate, you have my most sincere thanks in advance. Posted at 22:00 by Howard Bashman Justice William W. Bedsworth's most recent monthly column is available online: It's titled "Getting to Sabbath," and you can access it here. The column is quite funny as always, and Justice Bedsworth launches a valiant bid for paid administrative leave. Posted at 21:55 by Howard Bashman Recess appointments can be tricky: The Columbus School of Law of Catholic University states here that Fourth Circuit Judge Roger L. Gregory was "the first circuit court judge to have been the beneficiary of two presidential recess appointments -- by Clinton and Bush -- that came from different political parties." That's not true. (Thanks much to the federal appellate court law clerk who drew this to my attention. And here's the obligatory mention of my original "It's tricky" post from December 2002.) Posted at 21:32 by Howard Bashman Non-activist judges approve of opposite-sex marriage: See this wedding announcement published today in The New York Times. Posted at 21:25 by Howard Bashman Same-sex marriage in the news: The March 8, 2004 issue of Time magazine will contain articles headlined "For Better Or For Worse? As more gays say 'I do,' Bush calls for a constitutional ban; But will the issue really change any voter's mind come November?"; "1,138 Reasons Marriage Is Cool"; and "Where Do They Stand On Gay Marriage?" The current issue of The Economist, meanwhile, contains articles headlined "Equal rights: The case for gay marriage" and "Gay marriage: New fuel for the culture wars." Posted at 19:10 by Howard Bashman "Judges from beyond the fringe": This editorial appears today in The Berkshire Eagle. Friday's issue of The Monroe (Louisiana) News Star, meanwhile, contained an editorial entitled "President makes good call on Pryor; Move gets around Senate stall, puts good man in a vital position." Posted at 19:01 by Howard Bashman "Medical marijuana and its witless enemies; Anti-drug advocates continue to ignore credible science": Steve Chapman has this op-ed today in The Chicago Tribune. Posted at 18:58 by Howard Bashman Death penalty news and commentary from here and there: The New Haven Register today contains articles headlined "Death Penalty Debate: Use it or lose it; Capital cases costly, futile, attorneys say" and "'I used to be against the death penalty, but now I believe in it.'" The Roanoke Times today reports that "Coleman's prosecutors welcome DNA testing; Roger Keith Coleman was executed for raping and murdering his sister-in-law, but some people question his guilt." And The Journal Gazette of Fort Wayne, Indiana contains an essay by Joe Beck entitled "Executing the mentally ill." Posted at 18:50 by Howard Bashman In news and commentary pertaining to Camp Delta at Guantanamo Bay, Cuba: The Advertiser of Australia contains an article headlined "Suspect's torture - two years of Springsteen." And The Statesman of India contains an essay by Jeremy Seabrook entitled "A Legal Black Hole." Posted at 18:44 by Howard Bashman "How should police read teen suspects their rights? The case of a 17-year-old before the Supreme Court could result in a special Miranda rule for juveniles." Warren Richey will have this article in Monday's issue of The Christian Science Monitor. Posted at 17:49 by Howard Bashman In Sunday's newspapers: The New York Times reports that "Montana Creationism Bid Evolves Into Unusual Fight." In other news, "Judge in Oklahoma Bomb Case Calls Hearing After Report." An article reports that "Harvard Says Poor Parents Won't Have to Pay." In other news, "Through Gaps in System, Nurse Left Trail of Grief." In local news, an article is headlined "Sex, Lies and Videotape and Murder." In same-sex marriage-related coverage, "San Francisco Toasts Gay Weddings"; "The Gay Rights Movement, Settled Down"; "The Culture Wars, Part II"; and Frank Rich has an essay entitled "The Joy of Gay Marriage." In celebrity justice-related coverage, "Joyously Watching Others Fail"; "Web of Friends and Business Blurs Stewart's Glossy Image"; "In Fraud Cases, Guilt Can Be Skin Deep"; and "At the Williams Trial, a Tangled String of Contradictions." An article is headlined "A Movie Pondered Reality. A Lawsuit Questions Its Originality." James Traub's essay in the Magazine section is headlined "The Pull of Family." Lisa Schiffren has an op-ed entitled "How the Judges Forced the President's Hand." Nathaniel Frank has an op-ed entitled "Joining the Debate but Missing the Point." And Joseph J. Ellis has an op-ed entitled "A New Topic for an Old Argument." The Washington Post reports that "New Trial of 1995 Okla. Bombing to Open; Spared Federal Execution, Terry Nichols Faces 161 State Murder Charges." In other news, "Eight Years Later, D.C. Murder Case Still Untried." A front page article is headlined "Just Married, After 51 Years Together; Activist Gay Couple Accepts Leading Role." An essay by Sally Quinn is entitled "In Washington, the Empathy That Dare Not Speak Its Name." An editorial is entitled "A Start for Tribunals." Bernard Ries has an op-ed entitled "Caught in a Blind: You Can't Duck This Conflict, Mr. Justice." Eric Shumsky has an op-ed entitled "The Amendment Speaks for Itself." And Michael Alvear has an op-ed entitled "A Fight for Hope." Posted at 15:10 by Howard Bashman This is no surprise -- woman recently sworn in as U.S. District Judge in Florida, but who isn't the youngest female U.S. District Judge now serving, also isn't the youngest of all U.S. District Judges now serving: The Associated Press has taken the erroneous information contained in this article from yesterday's issue of The Pensacola News Journal, which I first noted here yesterday, and made recently-confirmed U.S. District Judge M. Casey Rodgers' claim to fame even more incorrect. The AP, in its coverage of her swearing-in (see here and here), calls Judge Rodgers the youngest U.S. District Judge now in service. As I explained yesterday, Judge Rodgers is not the youngest female U.S. District Judge now serving. That distinction belongs to U.S. District Judge Amy J. St. Eve. But the youngest U.S. District Judge without regard to gender is David L. Bunning, whose date of birth is July 14, 1966. Those who wish to relive the controversy that surrounded his nomination can do so here, here, here, here, and here. Posted at 12:50 by Howard Bashman "Taking back their beach; Panama City Beach officials have had enough of raunchy students": The Tallahassee Democrat today contains an article that begins, "Joe Francis and his Girls Gone Wild empire may go to trial later this year, accused of indecency and corruption in the pursuit of spring-break porn." Posted at 12:48 by Howard Bashman "Courts compete to bag big cases; Bankruptcies fuel local economies": Today's edition of The Atlanta Journal-Constitution contains this report. Posted at 12:44 by Howard Bashman "Crooked prosecutors taint Texas justice system": This editorial appears today in The Austin American-Statesman. Posted at 09:55 by Howard Bashman In today's issue of The San Francisco Chronicle: Bob Egelko has an article headlined "Courts could make parallels with old racial laws; Deciding on legality of same-sex unions raises similar issues." In related coverage, "Culture war being reshaped; Conservatives lower expectations" and "Newsom now a national figure; Same-sex marriage decision turns him into lightning rod." And in news from the Scott Peterson trial, "Inside look at how jury is picked; Process includes ample time for probing questions" and "Is selecting a jury scientific? Yeah, right ...." That last article is accompanied by a photograph of one of my all-time favorite potential jurors. Posted at 09:50 by Howard Bashman "Lowering the bar on profiles in courage": Steve Duin, in this op-ed published today in The Oregonian, writes of former Alabama Chief Justice Roy S. Moore's recent visit to Oregon. Posted at 09:45 by Howard Bashman In today's edition of The Houston Chronicle: Today's newspaper contains articles headlined "High court to revisit age in executions; Debate pits scientific data against horror of crimes"; "Roe no more, but still a voice on abortion; Norma McCorvey resurfaces on other side of issue that has defined her life"; "As abortion numbers decline, most clinics located in cities"; "Pharmacist's refusal stirs debate; Rules vary on moral choice not to provide morning-after pill"; and "Search for pill took woman to four stores." An editorial is entitled "Don't amend: Leave Constitution to guarantee freedom, not bias." Columnist Cragg Hines has an op-ed entitled "Rick, John, W and the execution circus." And Harold M. Hyman has an essay entitled "Slave Suits: Two women, two rare victories in court." Posted at 09:35 by Howard Bashman "Censorship policy fuels controversy; Experts say district's administrators go too far in measure allowing review of publications." This article appears today in The Indianapolis Star. Posted at 09:33 by Howard Bashman "Free speech's effect on judges' caseload at issue": The Arizona Daily Sun today contains this report. Posted at 09:28 by Howard Bashman "South Dakota's Ban on Abortion Looks to the Future; Bill, which governor is expected to sign, virtually outlaws the procedure; Backers say the idea is for a Supreme Court showdown." This article appears today in The Los Angeles Times. Posted at 09:24 by Howard Bashman "Whistle-Blower Protection Law Starts Small; Fight between a tiny Virginia bank and a fired employee is the unlikely first test of bid to protect insiders who reveal financial trickery." The Associated Press provides this report. Posted at 09:22 by Howard Bashman "Adult business laws a 'hot topic'; New Albany not alone in fight against store": This article appears today in The Courier-Journal of Louisville, Kentucky. Posted at 09:18 by Howard Bashman "DNA testing upsets parentage laws": The Grand Rapids Press contains this article today. Posted at 09:16 by Howard Bashman "In the courts: Scores of litigants bump Walsh; Statistics on peremptory challenges show jurist leads list with 117." This article appears today in The Las Vegas Review-Journal. Posted at 09:13 by Howard Bashman "Justice Douglas starts 'new career'": The Toledo Blade today contains this report. Posted at 09:10 by Howard Bashman "High court is atheist's calling": This article appeared Friday in The Seattle Post-Intelligencer. The UW Daily reported Friday that "'Under God' argued at mock trial." And columnist Robyn E. Blumner has an essay entitled "Readin', writin', 'rithmetic, loyalty oath" in today's issue of The St. Petersburg Times. Posted at 09:05 by Howard Bashman "Papers of Roe-Wade Author to Be Released": David G. Savage has this article today in The Los Angeles Times. Posted at 09:00 by Howard Bashman "Specter's record inspires fear - and loathing - on the right": This article about U.S. Senator Arlen Specter (R-PA) appears today in The Philadelphia Inquirer. Senator Specter is up for reelection this fall and is next in line to chair the Senate Judiciary Committee. Posted at 08:35 by Howard Bashman Saturday, February 28, 2004
Elsewhere in Saturday's newspapers: The Los Angeles Times reports that "S.F. Gets a Week to Make Case for Gay Marriage; The state Supreme Court refuses to immediately halt the city's controversial policy; But it signals that it will decide quickly on taking up the legal issues." An article reports that "Judge Drops Most Serious Stewart Charge; The prosecution failed to show that the defendant intended to commit securities fraud, the jurist says in ruling." In other news, "NFL Tries to Block Clarett Ruling." An article reports that "Accuser in Bryant Case to Testify Tuesday; Prosecutors seek to limit the range of questions that the defense will be allowed to ask the woman in closed court." And in local news, "Judge Tosses Out $33-Million Verdict" and "Tampering Charge Delays Rape Trial of Lawman's Son; Gregory Haidl's defense questions the validity of a videotape purported to show the 2002 attack."
Posted at 23:15 by Howard Bashman
Is a criminal defendant's right to self-representation too easy to invoke? A pending cert. petition asks the U.S. Supreme Court to consider that question on the merits, the blog "Criminal Appeal" reports here. Posted at 23:10 by Howard Bashman Ten Commandments news: From Idaho, The AP reports that "Idaho Senate kills Commandments display." And The Idaho Statesman contains an article headlined "Don't put Commandments in Statehouse, senators say; Kempthorne, others back religious markers; Panel rejects plan to display various monuments." From Montana, The Great Falls Tribune reports that "Alabama judge brings case for commandments to Civic Center." Finally, from Texas, The Dallas Morning News reports that "Board debates schools' use of kits that include Ten Commandments." Posted at 23:01 by Howard Bashman "Tempe law grad with murder record applies for license to practice": The Associated Press provides this report from Arizona. Posted at 22:59 by Howard Bashman In today's edition of The San Francisco Chronicle: In today's newspaper you will find articles headlined "Lockyer pleads to top court; State justices give S.F. until Friday to defend licenses"; "Social Security won't take S.F. licenses; White House's first bureaucratic obstacle to same-sex marriages"; and "DVD copiers win big in state court ruling; Encryption code said to have lost trade secret status." Posted at 22:35 by Howard Bashman The Pittsburgh Post-Gazette is reporting: Today's newspaper contains articles headlined "Justice Department subpoenas Planned Parenthood records" and "ACLU claims victory in dispute over parades; Judge's ruling allows groups to apply for permits, pay lower fees." Posted at 22:32 by Howard Bashman "S.F. to Stop Gay Weddings if Court Rules-Mayor": Reuters provides this report. Posted at 19:27 by Howard Bashman "Florida stuck with Pryor": This editorial appears today in The Palm Beach Post. Posted at 19:25 by Howard Bashman "New Trip Trouble for Scalia": The Los Angeles Times today contains this editorial. Posted at 19:22 by Howard Bashman It ain't so: The Pensacola News Journal today contains an article headlined "New judge in town; She's youngest woman to sit on federal bench." The article states that U.S. District Judge M. Casey Rodgers was born on August 13, 1964. U.S. District Judge Amy J. St. Eve of the U.S. District Court for the Northern District of Illinois wasn't born until November 20, 1965, which would seem to undermine any claim that Judge Rodgers is now the youngest serving female U.S. District Judge. Posted at 17:32 by Howard Bashman In Saturday's newspapers: The New York Times reports that "Most Serious Charge Against Stewart Is Dismissed." You can access yesterday's ruling at this link. In same-sex marriage-related news, "Call to Ban Gay Marriage Is Dividing Republicans"; "State Official Asks Court to Bar Licenses"; and "Gay Marriage Debate Shifts to Small New York Township." An article reports that "F.B.I. Orders an Internal Review of Oklahoma City Bombing Files." Adam Liptak reports that "Treasury Department Is Warning Publishers of the Perils of Criminal Editing of the Enemy." And in local news, "Suffolk Halts Taking of Cars in D.W.I. Cases" and "Ghoul Charges Add Insult to Tragedy." The Washington Post reports that "Judge Throws Out Fraud Charge; Stewart Still Faces Lesser Criminal Charges, Civil Lawsuits." An article reports that "Calif. Court Won't Halt Gay Marriages; Mayor of New Paltz, N.Y., Weds Same-Sex Couples." In other news, "NFL Attorneys Request A Stay for Draft Ruling." An article reports that "Handling of Terror Case Probed; 'Special Attorney' Hired to Review Allegations of Misconduct." In local news, "Law School Shooter Pleads Guilty; Former Student Avoids Death Penalty in Deal on Va. Slayings" and "Md.'s Appointed Jurists Face a Trial at the Polls." An editorial is entitled "Lone Star Statement." And columnist Colbert I. King has an op-ed entitled "Slow Progress, 50 Years After Brown." Posted at 15:15 by Howard Bashman Yaser Esam Hamdi now has one less reason to feel excluded: Remedying the snub that I previously identified here, the law firm of Jenner & Block now offers an online brief bank for the U.S. Supreme Court case of Hamdi v. Rumsfeld. Posted at 10:13 by Howard Bashman "Death row inmate loses appeal claiming racism": This article appears today in The Houston Chronicle. The Associated Press reports that "Appeals court rejects inmate's bias claim." And The Times-Picayune yesterday published an essay by reporter James Gill headlined "5th Circuit keeps hitting the snooze button." My first mention of Thursday's ruling of the U.S. Court of Appeals for the Fifth Circuit on the merits of Thomas Joe Miller-El's habeas petition can be accessed here, and my coverage of the U.S. Supreme Court's earlier decision in favor of Miller-El is available at this link. Posted at 10:01 by Howard Bashman "Snubbing Justice Owen?" Linda P. Campbell, editorial writer for The Fort Worth Star-Telegram, had this essay in Thursday's issue of that newspaper. Thursday's edition of The Birmingham News reported that "Names for AG emerge; Riley advisers, U.S. attorney among possible replacements for Pryor." And The Oregon Daily Emerald on Thursday contained an op-ed by columnist David Jagernauth entitled "Trouble during recess." Posted at 09:55 by Howard Bashman "Justice Scalia and Mr. Cheney": This editorial appears today in The New York Times. And Charles Lane reports today in The Washington Post that "Lawyer in Two Cases Hosted Scalia Visit." Posted at 09:49 by Howard Bashman "Justice Blackmun's files to be made public": This article appeared Wednesday in The Minneapolis Star Tribune. Posted at 00:54 by Howard Bashman Friday, February 27, 2004
The Post Trial and Appellate Practice Committee of the Pennsylvania Bar Association is off to a great start: I had a most enjoyable time at the two-day continuing legal education seminar sponsored by the PBA's Post Trial and Appellate Practice Committee, which I recently joined. In addition to having fun as one of the presenters on the topic of "Incorporating Technology into Appellate Practice," it was great to see again so many Pennsylvania state court appellate judges and attorney friends. I especially enjoyed getting to spend some time with my friend Robert L. Byer, who happens to be one of western Pennsylvania's best appellate lawyers, and several lawyers from the suburban Philadelphia law firm of Lamb McErlane PC. As always, it was wonderful to meet for the first time many lawyers who are enthusiasts of "How Appealing." And last night's dinner at a local quite wonderful Italian restaurant, as one of an ad hoc group consisting of a handful of current and former Pennsylvania appellate court jurists and several lawyers, will be the source of many fond memories for quite some time to come.
Between the very positive press coverage that my new practice has received and the mention I previously made of it online here, everyone had heard that I had left big firm life to open my solo appellate boutique. Several people commended me for the guts it took to go out on my own, but that's perhaps giving me too much credit. I was fortunate to have plenty of good work on the horizon when I opened by new practice, and even more has arrived in recent weeks. Thanks to my good relationships with lawyers who can serve as possible referral sources for appellate work, I am confident that the early very good fortune my practice has experienced in the first month of its existence will extend forward into the future. And, for what it's worth, this month "How Appealing" has averaged on a typical weekday more visits than at any time since its inception in May 2002. Posted at 23:20 by Howard Bashman Available online from National Public Radio: Today's broadcast of "All Things Considered" contained segments entitled "Judge Drops Most Serious of Stewart's Charges"; "Porn Industry Braces to Fight Anti-Obscenity Push"; and "Commentary: Clarifying the Aging Alien Tort Claims Act." Thursday's broadcast, meanwhile, contained a segment entitled "Comment: The Law, Rights, and the Border." And today's "Morning Edition" broadcast contained a segment entitled "DOJ Seeks Planned Parenthood Abortion Records." Posted at 22:45 by Howard Bashman "Va. Man Challenges State's Adultery Law; ACLU Contends Sex Is a Private Matter": This article appeared in yesterday's edition of The Washington Post. And The Richmond Times-Dispatch reported yesterday that "Attorney contests his conviction in adultery; He and ACLU claim that criminalizing infidelity violates the Constitution." Thanks to the "SW Virginia law blog" for the pointer. (Plus, click here to access that blog's coverage of a recent Virginia state appellate court's nude dancing decision.) Perhaps it's time for a new state motto? Posted at 22:42 by Howard Bashman Recent Sixth Circuit death penalty brouhaha is now officially "for publication": For those who may have missed this the first time around, yesterday the U.S. Court of Appeals for the Sixth Circuit posted online the latest evidence that the court still has some work to do before truly qualifying as just one happy family. Posted at 22:30 by Howard Bashman Ten Commandments news: From Alabama, The Montgomery Advertiser reported yesterday that "Ousted chief justice tries to regain job." The Birmingham News reported that "Lawyer asks court to return Moore; Says ousted chief justice seeks job, not Commandments monument, back." And Thursday's broadcast of NPR's "Morning Edition" contained a segment entitled "'Ten Commandments' Judge Appeals Removal." In news from Minnesota, The Duluth News Tribune reports that "MCLU to file suit today." And The Associated Press reports that "Duluth sued over Ten Commandments monument." In news from Montana, The AP offers an article headlined "Martz: Display of Ten Commandments a matter of free speech." And The Daily Inter Lake reports that "Commissioners find support for keeping Commandments." Finally, The Idaho Statesman reports that "Monument may get new home; Commandments may move to St. Michael's." Posted at 22:10 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Calif. Court Won't Stop Gay Marriages"; "FBI Orders Oklahoma City Bomb Review"; "Ex-Law Student Pleads Guilty to Slayings"; and "Justice Dept. to Look at Detroit Trial." Posted at 22:00 by Howard Bashman Justice Antonin Scalia cancels his subscription to The Los Angeles Times: Today's edition of The Los Angeles Times reports that "Scalia Took Trip Set Up by Lawyer in Two Cases; Kansas visit in 2001 came within weeks of the Supreme Court hearing arguments." United Press International reports that "Judge took trips with lawyer in two cases." And Gina Holland of The Associated Press has an article headlined "Justice Scalia Stirring Controversy." Posted at 21:51 by Howard Bashman Forever minus a day: The concept of a prisoner's earning good time credits that would entitle the prisoner to be released before serving his criminal sentence in full doesn't make very much sense when the prisoner has been sentenced to life imprisonment, the U.S. Court of Appeals for the D.C. Circuit quite sensibly concluded in this unanimous three-judge panel opinion issued today. (Thanks to Juan Non-Volokh for pinch-hitting in my absence.) Posted at 21:40 by Howard Bashman "Kennedy eyes suit on Pryor": Thursday's issue of The Hill contained an article that begins, "Sen. Edward Kennedy (D-Mass.) has asked his staff to put together a case that he hopes will prove that President Bush’s recess appointment of Alabama Attorney General William Pryor to the U.S. Court of Appeals was unconstitutional." The article contains an inaccuracy in its listing of federal appellate courts before which the lawfulness of judicial recess appointments have been challenged. See my appellate column from March 2001 for the correct information. Posted at 21:29 by Howard Bashman "Law Student Loses Supreme Court Case": This article appears today in The Harvard Crimson. You can access the ruling at this link. If I may quote the words of Justice Harry A. Blackmun, "Poor Joshua!" And in other news from The Crimson, "Junior Professor Criticizes HBS Through Blog." Posted at 21:13 by Howard Bashman Not the real "Jane Doe": Seventh Circuit Judge Richard A. Posner, in this very interesting opinion issued today, calls into question whether the plaintiff in a sexual harassment case should be allowed to proceed under a pseudonym. The use of a pseudonym, however, did not prevent the plaintiff from winning her appeal on the merits. Posted at 20:00 by Howard Bashman The Fifth Circuit's view of the merits of Thomas Joe Miller-El's habeas petition hasn't changed much in two and a half years: I'd hate to say I predicted the result of yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit when I summarized the U.S. Supreme Court's decision in Miller-El's favor last Term, but see for yourself. Posted at 19:45 by Howard Bashman Reader mail: In reference to this opinion that the U.S. Court of Appeals for the Fifth Circuit issued yesterday, a reader emails: "I'd say that this Fifth Circuit decision has one of the highest caption-to-text ratios (16/2) that I've ever seen." Posted at 19:40 by Howard Bashman A wonderful time was had: Just a quick note to mention what a wonderful time I had at the appellate advocacy CLE seminar that I attended yesterday and participated as an instructor at today. I'll have more to say about the event later this evening. Posted at 18:30 by Howard Bashman "20 questions for the appellate judge" news: I am reliably advised that I may be on the verge of securing a "20 questions" participant from the U.S. Court of Appeals for the D.C. Circuit. If so, that would leave only the Second and Fourth Circuits in the hunt for the dubious distinction of being the final U.S. Court of Appeals to produce a "20 questions for the appellate judge" interviewee. Posted at 18:28 by Howard Bashman What's the Third Circuit's usual mode of transportation? By a vote of 6-5, the U.S. Court of Appeals for the Third Circuit earlier in the week denied a petition for rehearing en banc in a case where a divided three-judge panel had upheld a death sentence imposed in the Pennsylvania state court system. Circuit Judge Richard L. Nygaard issued a passionate dissent from the court's failure to grant rehearing en banc. The final paragraph of the dissent appears answer the question that serves as the title of this post. On a much more serious note, you can access the three-judge panel's divided ruling from January 2004 at this link. Posted at 18:15 by Howard Bashman "Peer back to turbulent time in justice's papers; Records cover 24 years on highest court": In today's edition of USA Today, Joan Biskupic has this article previewing next week's release of the personal papers of deceased U.S. Supreme Court Justice Harry A. Blackmun. Posted at 18:10 by Howard Bashman "Veterans urge importance of law recruitment; Brief filed against lawsuit prohibiting law school recruiting": This article appeared in yesterday's issue of The Daily Texan. The article reports on the amicus brief that I filed earlier in the week with the U.S. Court of Appeals for the Third Circuit. Posted at 18:00 by Howard Bashman Wednesday, February 25, 2004
"How Appealing" will next be updated on the evening of Friday, February 27, 2004: Between now and then, I'll be on the road teaching at a continuing legal education seminar titled "Appellate Advocacy in the Pennsylvania Courts" and visiting with some fans of this blog. More details about the CLE seminar can be found here.
Posted at 23:00 by Howard Bashman
Available online at law.com: Tony Mauro reports that "Supreme Court Upholds Ban on Religious Scholarships" and that "Boy Scouts Access Issue Is Back Before Supreme Court." Shannon P. Duffy reports that "Justices Hear Pa. Death Penalty Appeal" and that "Judge Slashes Lawyer's Rate for Typos, Careless Writing." And Luther T. Munford has an essay entitled "Even for the Supreme Court, Recent Litigating Counts." In other news, "New Jersey Court Stays Lethal Injections; Judges also require justification for ban on media televising executions." In news from California, "Waiting at the Chapel." And in news from Florida, "Indictment Expected Against Man Who Knew 'Dirty Bomber.'" Posted at 22:58 by Howard Bashman "States Allowed to Avoid Subsidy of Divinity Study": Linda Greenhouse will have this article in Thursday's issue of The New York Times. Posted at 22:25 by Howard Bashman "Ousted Ala. Chief Justice in Court": The Associated Press offers this coverage. And The Montgomery Advertiser this morning offered a preview headlined "Moore appeals job loss today." In other Ten Commandments-related news, The Atlanta Journal-Constitution today reports that "Bills would allow Commandments in courthouses." The York Dispatch contains an article headlined "Fund drive for commandment fight; Residents vow to defray any legal costs." And The Ledger Independent reports from Ohio that "Commandments find new home at bank." Posted at 19:43 by Howard Bashman Available online from National Public Radio: Tonight's broadcast of "All Things Considered" contained segments entitled "High Court: States to Decide Theology Funding" (featuring Nina Totenberg); "Stewart's Attorneys Rest Case"; and "Commentary: Bush's Same-Sex Marriage Ban." And today's broadcast of "Morning Edition" contained segments entitled "Supreme Court Hears Case on Looted Nazi Art" (featuring Nina Totenberg); "U.S. Plans Tribunals Against Cuba Detainees"; and "GOP Lawmakers Begin Push for Gay Marriage Ban." Real Player is required for these audio segments. Posted at 19:10 by Howard Bashman "Court Shields Postal Service From Suits": The Associated Press provides this report. Posted at 19:07 by Howard Bashman "Judge Pryor: Appointment gives appeals court a principled voice." This editorial appears today in The Birmingham News. The Washington Times today contains an editorial entitled "A 'bittersweet' appointment." And The Pantagraph of Bloomington-Normal, Illinois today contains an editorial entitled "Senate, president must get together on nominees." Posted at 19:01 by Howard Bashman Are conservative Ninth Circuit judges are fouling-up that court's good record of success before the U.S. Supreme Court? The following email arrived this afternoon: Today in your recount of the SCOTUS opinions, you write: For those keeping score, after being affirmed twice yesterday, the Ninth Circuit was reversed twice today.And another reader writes: Since you are assisting "those keeping score" of instances where the U.S. Supreme Court has reversed decisions from the Ninth Circuit, you might also consider indicating whether the affirmations yesterday or the reversals today came in cases where the Ninth Circuit panel was dominated by left-leaning liberal judges or conservative commandos. If you take a look at this, you may find that the popular myth (liberal judges are the cause of the high reversal rate) has been dispelled, at least as far as the reversals today are concerned.This just goes to show that if the liberals on the Ninth Circuit aren't going to do their duty to ensure that that court has an unusually high reversal rate, then the conservatives will be forced to take matters into their own hands. Posted at 18:55 by Howard Bashman "State attorney general accused of drunken driving; Breath test shows her above limit after car lands in ditch": The Milwaukee Journal Sentinel today contains this report. The Wisconsin State Journal reports that "Lautenschlager cited for drunken driving." And you can access here a copy of the police report (PDF). Posted at 17:48 by Howard Bashman "City not liable for Shannon Schieber’s rape and murder, jury declares": The Philadelphia Inquirer provides this news update. Posted at 17:45 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Upholds Mich. Sex Offender Registry"; "Gay Marriage Opponents Go to Calif. Court"; "Judge: Peterson Trial Will Last 5 Months"; "Wis. Attorney General Says She Won't Quit"; "Ashcroft Forms New Intelligence Council"; and "Philly Exonerated Over Serial Rapist Case." Posted at 17:40 by Howard Bashman Some happy news from the U.S. Court of Appeals for the Fifth Circuit: While at my former law firm, I wrote the opening and reply briefs for the defendant-appellant in this appeal decided today. Posted at 17:33 by Howard Bashman "False Light, Camera, Action: The story Joe Eszterhas forget to share." Michael Doyle has this jurisprudence column online at Slate. Posted at 17:04 by Howard Bashman In other news from The San Francisco Chronicle: Bob Egelko reports today that "Marriage ban called similar to prohibition; Legal experts say both measures are 'exercises in moral policing.'" And an article reports that "IBM case goes to jury; Cover-up by firm was never proven, attorney argues." Posted at 16:59 by Howard Bashman "Airline loses case over forcing man to sit near smokers; Bay Area doctor with asthma died": This article appears today in The San Francisco Chronicle. Posted at 15:37 by Howard Bashman "National Wildlife Federation Opposes Myers Circuit Court Nomination": The National Wildlife Federation today issued a press release that begins, "Since our founding 68 years ago, the National Wildlife Federation has never opposed a judicial nomination by any president." Posted at 14:15 by Howard Bashman "Court Hears World War II-Era Art Dispute": Gina Holland provides this report on one of the cases argued today at the U.S. Supreme Court. Posted at 14:05 by Howard Bashman Reuters is reporting: James Vicini reports that "Supreme Court Upholds Religion Scholarship Ban." And in other news, "Martha Stewart Lawyers Rest Defense Case." Posted at 12:08 by Howard Bashman "Disproving" religion? A reader who is currently clerking on a federal appellate court emails to note that footnote 10 of the majority opinion in Locke v. Davey contains a typo. Posted at 12:00 by Howard Bashman Representatives of the American Bar Association are now defending that organization's "not qualified" rating for Magistrate Judge Roger T. Benitez, whom President Bush in May 2003 nominated to serve on the U.S. District Court for the Southern District of California: You can watch the hearing live online, right now, at this link (Real Player required). My earlier coverage of this matter, which linked to various news articles, can be accessed here. Update: This hearing concluded at 11:50 a.m. At some later date, an archived copy of the video from the hearing may become available via this link. Posted at 11:09 by Howard Bashman Today's U.S. Supreme Court decisions: The Supreme Court of the United States has issued three opinions today. 1. In Locke v. Davey, No. 02-1315, the Court has reversed the Ninth Circuit's judgment. Chief Justice William H. Rehnquist delivered the opinion of the Court. You can access the syllabus here, the majority opinion here, the dissent of Justice Antonin Scalia here, the dissent of Justice Clarence Thomas here, and the oral argument transcript here. 2. Justice Anthony M. Kennedy delivered the opinion for a unanimous Court in U.S. Postal Service v. Flamingo Industries (USA) Ltd., No. 02-1290, and the Ninth Circuit's judgment under review was reversed. You can access the syllabus here, the opinion here, and the oral argument transcript here. 3. Last but not least, the Court issued a per curiam reversal in Muhammad v. Close, No. 02-9065. You can access the opinion here and the oral argument transcript here. For those keeping score, after being affirmed twice yesterday, the Ninth Circuit was reversed twice today. In early press coverage of today's rulings, Anne Gearan of The Associated Press reports that "Court OKs Denial of Divinity Scholarships." Posted at 10:04 by Howard Bashman "Court upholds firing of Crystal City teacher": The St. Louis Post-Dispatch reports here today that "A former Crystal City teacher who was fired after she told her class that she opposed interracial marriage might continue to appeal her case, her attorney says." You can access yesterday's ruling by the Missouri Court of Appeals Eastern District at this link. Posted at 09:55 by Howard Bashman The U.S. District Court for the District of Columbia yesterday delivered bad news for Big Tobacco: In the federal government's lawsuit against the tobacco industry, the court denied defendants' motion for partial summary judgment on claims that defendants advertised, marketed, and promoted cigarettes to youth and fraudulently denied such conduct. You can access yesterday's ruling at this link. Posted at 09:38 by Howard Bashman On the agenda: The Supreme Court of the United States is scheduled to issue one or more decisions in argued cases at 10 a.m. this morning. Stay tuned for details. Posted at 09:22 by Howard Bashman U.S. Court of Appeals for the Sixth Circuit reverses federal district court's decision that held unconstitutional the Michigan Sex Offenders Registration Act: You can access today's ruling from a unanimous three-judge panel at this link. Posted at 09:19 by Howard Bashman Washington Post editorial cartoonist Tom Toles revisits the duck hunt: Today's editorial cartoon can be viewed here. Posted at 09:12 by Howard Bashman In news from South Dakota: The Aberdeen American News reports today that "Senate votes to ban abortions; Amherst senator casts deciding vote" and "Youth death penalty repealed; Governor's signature needed for finalization." The Rapid City Journal reports that "Senate approves anti-abortion bill." The Argus Leader reports that "Exception added to abortion proposal" and "Youth death penalty bill headed to Rounds." And The Star Tribune reports that "South Dakota Senate OKs ban on almost all abortions." Posted at 07:42 by Howard Bashman In news pertaining to the U.S. Supreme Court: The Houston Chronicle reports that "High court ruling lifts Texan's death sentence; Justices cite deception by prosecutors." The Fort Worth Star-Telegram reports that "Death Row inmate's sentence overturned." The San Antonio Express-News reports that "Justices order Texan be taken off death row; A majority had concluded prosecutors concealed links between police and two witnesses." David Pasztor of The Austin American-Statesman reports that "Supreme Court reverses Texan's death penalty; Majority of justices cite deliberate deception in decision to reverse sentence." The Chicago Tribune reports that "Nearly executed, inmate granted new hearing." And Henry Weinstein of The Los Angeles Times reports that "Justices Void Death Sentence, Citing Prosecutor Misconduct." David G. Savage of The Los Angeles Times reports that "Justices Find No Age Bias in Benefits Case; Court says firms can't be sued if they adopt plans that favor older workers over younger ones." The Washington Post reports that "High Court Backs Benefits Based on Age; Younger Workers' Bias Claim Rejected." In coverage from The Washington Times, "Better benefits for older workers upheld." The Pittsburgh Post-Gazette reports that "Better benefits for older workers legal; Supreme Court short circuits new kind of age-discrimination lawsuit." And The Hartford Courant reports that "Discrimination Claim Denied; Older Workers Can Have Better Health Plans, Justices Rule." In The Washington Post, Charles Lane reports that "High Court Underscores Warrant Rules; Justices Say 4th Amendment Is Clear on Search and Seizure Requirements." The Morning Call of Allentown, Pa. reports that "Inmates' lives hang on court's decision; Wilkes-Barre case now before top U.S. jurists could affect others on state's death row." And in somewhat related news, that newspaper reports that "State's capital cases stalled." Finally, Gina Holland of The Associated Press reports that "High Court Takes Up WWII-Era Art Dispute." And The Birmingham News reports that "Alabama weighs in on Supreme Court case." Posted at 07:17 by Howard Bashman "HLS Veterans Won't Back Solomon Brief": This article, in which I am quoted, appears today in The Harvard Crimson. Posted at 07:16 by Howard Bashman Tuesday, February 24, 2004
Elsewhere in Tuesday's newspapers: In The Boston Globe, Lyle Denniston has articles headlined "Supreme Court to rule on Big Dig case; Meaning of 'vessel' is crucial to appeal" and "High court declines to rule on secrecy in terror case."
The Los Angeles Times reports that "Court Deals Blow on Budget; The state could sink $650 million more into the hole after a decision on corporate taxes." In other news, "Holocaust Survivors' Suit to Collect Insurance Claims Sent Back to State; A federal judge agrees with plaintiffs that the case, alleging delay of settlements to victims or their families, is a Superior Court matter." In business news, "Attorney Sums Up Case Against IBM; A lawyer for two former employees claims the firm knew chemicals used in its factory were making workers sick" and "Defense Counters With Stewart's Business Manager, Ink Analyst; Executive confirms pact to sell ImClone stock at $60; Prosecution's claim that the deal was cooked up is slightly dented." And in news from California, "Stakes Raised in Fight on Gay Unions; Lockyer announces that he will ask the California Supreme Court to rule on the constitutionality of same-sex marriages"; "Same-Sex Couples Denied Marriage Licenses Sue; L.A. County violated the constitutional rights of the gay and lesbian pairs, the suit alleges"; and "Blake Given Week to Find a Lawyer; Judge warns the actor that she plans no more delays for his trial in the death of his wife." Finally for now, USA Today reports that "Human rights groups denied seats at tribunals; Space is limited, Pentagon says." Posted at 23:45 by Howard Bashman "Pa. farmers win challenge of 'Got Milk' campaign": The Associated Press provides this report. I first noted today's ruling of the U.S. Court of Appeals for the Third Circuit in a post headlined "Got unconstitutionality?" Posted at 23:30 by Howard Bashman Additional coverage of today's U.S. Supreme Court rulings: In tomorrow's issue of |
