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Sunday, October 31, 2004
"Hawaiian court cases to be heard this week": The Honolulu Advertiser today contains an article that begins, "Two court cases considered pivotal to the Native Hawaiian community stand out among the 30 to be heard here this week by the 9th U.S. Circuit Court of Appeals, although the court's three-judge panel is not expected to issue any immediate decisions."
In related coverage, The Honolulu Star-Bulletin today reports that "Panel's past cases make school suit a tossup; A student challenges Kamehameha Schools on its admissions rules." And two op-eds about the dispute can be accessed here. Posted at 23:20 by Howard Bashman In today's issue of The Los Angeles Times: An article reports that "Gov. Pounds Away at Prop. 66; Buoyed by a new poll, he drives home his opposition to changing the three-strikes law." In related news, "Two Fathers Take Causes to Ballot Box; Motivated by their sons, they spend more than $5.6 million of their personal fortunes to put Propositions 66 and 71 before voters." And in news from Ohio, "Gay Marriage Ban Faces Some Unlikely Foes; Top Republicans, labor groups and the state's AARP chapter oppose the wording that will appear on Ohio's ballot on election day." Posted at 23:12 by Howard Bashman "Court denies meeting to discuss judge's future": The Australian Broadcasting Corporation offers a report that begins, "A spokeswoman for the New South Wales Supreme Court has denied that Justice Jeff Shaw is meeting with the Chief Justice James Spiegelman about an car accident near Justice Shaw's home early last month." Posted at 22:55 by Howard Bashman In news from New Hampshire: The Concord Monitor today contains an article headlined "Judges spar over amendment; Court's e-mail at center of debate." Posted at 22:52 by Howard Bashman The Associated Press is reporting: Anne Gearan reports that "Rulings Expected on Ohio Poll Challenges." And in other news, "Florida Court to Review Tobacco Ruling." Posted at 22:50 by Howard Bashman "The road to the courts: If it's close, the Armageddon election could be about to sink into a legal purgatory." Gary Younge has this commentary in Monday's edition of The Guardian (UK). And today's issue of that newspaper contained an interesting article headlined "America decides: From jobs to terrorism -- the issues dividing the US." The final portion of that article bears the subheadline "Supreme Court: Tipping the balance." Posted at 22:44 by Howard Bashman "Disagreement Over Detainees' Legal Rights Simmers": Neil A. Lewis will have this article in Monday's edition of The New York Times. Posted at 22:42 by Howard Bashman "Judicial SIGHT-ations: Halloween Special Issue." The blog "Underneath Their Robes" offers this timely post. Posted at 22:08 by Howard Bashman Greetings from Lancaster, South Carolina: As hoped, the hotel I chose to stay at this time does in fact have a working internet connection. Posted at 22:02 by Howard Bashman Programming note: My day job requires my presence in Lancaster, South Carolina tomorrow morning. As a result, I'll be off-line for a bit today while traveling and also for most of the day tomorrow. On this visit, I've arranged to stay in Lancaster at a different hotel, where the likelihood of a working internet connection is much greater. If all goes as planned, new posts may appear tonight and also early tomorrow morning. In any event, "SCOTUSblog" will likely offer complete coverage of tomorrow's developments from the U.S. Supreme Court, which are likely to include an Order List and the answer to the question will Chief Justice William H. Rehnquist be back in black with gold bars presiding from the bench. Posted at 12:33 by Howard Bashman "Divorced Mich. fathers sue for equity in child custody; Class-action lawsuit seeks to make joint custody the first option judges consider": The Detroit News contains this article today. Posted at 12:30 by Howard Bashman "The fix that wasn't: A new law designed to iron out voting problems may have done just the opposite." This article appears in the November 8, 2004 issue of U.S. News & World Report. That issue also contains this related editorial cartoon. Posted at 09:40 by Howard Bashman "To Bush, courts don't matter": Columnist Robyn E. Blumner has this essay today in The St. Petersburg Times. Posted at 08:30 by Howard Bashman "Witch way is way to go for witch": The Portland (Me.) Press Herald today contains an article that begins, "For Halloween, Valerie Davis will probably dress up as a witch. Which is a little odd, since she is a witch -- a common term for a practicing Wiccan." Posted at 08:25 by Howard Bashman "Does accommodating religious practice violate First Amendment?" Charles C. Haynes has this essay online at the First Amendment Center. Posted at 08:24 by Howard Bashman In news from New Hampshire: The New Hampshire Sunday News today contains an article headlined "Top justices criticized over e-mail" that begins, "State Supreme Court justices exercised inappropriate use of power in sending an e-mail to the more than 600 judicial system employees last week asking them to reject a proposed constitutional amendment, a superior court judge said yesterday." Posted at 08:22 by Howard Bashman "Few same-sex couples saying 'I do'": This article appears today in The Boston Globe. Posted at 08:20 by Howard Bashman "CIA leak case raises fears that information could stop flowing; As a judge tries to find out who released agent Valerie Plame's name, two journalists have been cited for contempt and sentenced to jail time": The Philadelphia Inquirer contains this article today. Posted at 08:18 by Howard Bashman "Bench hopefuls bank on personal beliefs": This article appears today in The News & Observer of Raleigh, North Carolina. Posted at 08:18 by Howard Bashman "Lawyers argue over $50 fee designed to replenish fund that helps poor": The Milwaukee Journal-Sentinel contains this article today. Posted at 08:15 by Howard Bashman "The Election Day scene is set for a litigation mess": This article appears today in The Philadelphia Inquirer. And Jack Rakove has an op-ed today in The Los Angeles Times entitled "Here's Hoping for Chaos on Tuesday; Colorado voters can lead the way to a serious debate about our electoral college mess." Posted at 08:14 by Howard Bashman "Talks today to decide judge's future": The Weekend Australian today contains an article that begins, "A NSW Supreme Court judge awaiting results of a blood alcohol test after a car crash near his Sydney home is expected to discuss his future with the court's Chief Justice this morning." Posted at 08:11 by Howard Bashman "Republicans battle to keep slim edge in Senate; Democrats faring better in some GOP strongholds": This article appears today in The Baltimore Sun. The Philadelphia Inquirer reports today that "Republicans appear to hold the edge in races for Senate." And The Milwaukee Journal Sentinel reports today that "Senate race as sharply drawn as presidential rivalry; Feingold, Michels contest among country's most polarized." Posted at 07:44 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "11 States to Vote on Same-Sex Marriage" and "Woman Can Pursue Schwarzenegger Complaint." Posted at 07:40 by Howard Bashman "Court may face radical change: The next president could reshape the Supreme Court like no other since Democrat Franklin D. Roosevelt." Gail Gibson has this report today in The Baltimore Sun. The New York Post reports today that "Winner will alter judicial outlook for business." And columnist E.R. Shipp has an essay today in The New York Daily News entitled "Of Supreme importance." Posted at 07:35 by Howard Bashman "Heading for easy win, Specter still outspent all other Senate candidates": The Pittsburgh Post-Gazette contains this article today. Posted at 07:30 by Howard Bashman Saturday, October 30, 2004
"A Long Shadow: Bush v. Gore roiled a nation; It's back--and, given Rehnquist's health, looming larger than ever." This article will appear in the November 8, 2004 issue of Newsweek.
And available online from Newsweek, Cliff Sloan has an essay entitled "A Question of Race: The Supreme Court on Election Day will consider whether prisons can ever segregate prisoners by race." Posted at 23:55 by Howard Bashman Presidential election news from here and there: The Washington Post today reports that "Another Wait Feared In Knowing the Winner." The Cleveland Plain Dealer reports today that "Tight race, recounts mirror 1876." Also from Ohio, The New York Times reports today that "Officials Say 2 Court Rulings Will Halt G.O.P. Challenges." The Orlando Sentinel today contains an article headlined "Don't count a recount out yet." Yesterday, The Los Angeles Times reported that "Bush Seeks Limit to Suits Over Voting Rights; Administration lawyers argue that only the Justice Department, not the voters, may sue to enforce provisions in the Help America Vote Act." The San Francisco Chronicle reported that "Nation braces for another contested presidential election." The Atlanta Journal-Constitution reported that "Chads passe, provisional ballot is in." The Cincinnati Enquirer reported that "Dlott rulings could impact vote; U.S. judge hears 2 key Ohio pre-election battles." And The Reno Gazette-Journal reported that "Couple take battle to vote to justices." Posted at 23:44 by Howard Bashman "Judges PAC TV Ad: 'Dr. Kerry and Mr. Hyde.'" The organization Judges Political Action Committee issued this press release yesterday announcing a television commercial that will be aired in so-called battleground states. Posted at 23:35 by Howard Bashman "Legacy admissions: A heated debate; Politicians, administrators square off on policy." This article appeared in yesterday's issue of The Daily Pennsylvanian. Posted at 23:28 by Howard Bashman In news from the Scott Peterson trial: The Modesto Bee reports today that "Judge to give jury second-degree option; Peterson trial ruling seen as easing choice to convict." The San Mateo County Times reports that "Sentence options offered to jury; Second-degree murder would not carry the death penalty." The San Jose Mercury News reports that "Jurors given second option on conviction." And The San Francisco Chronicle reports that "Jury to be given option of 2nd-degree murder; Defense lawyers opposed possible compromise verdict." Posted at 23:20 by Howard Bashman "Secrecy critical to case, feds say; Judge may look at classified data before deciding if evidence in FBI terrorism sting should be restricted": The Times Union of Albany, New York today contains an article that begins, "Federal prosecutors have filed a motion saying they intend to show a judge classified information that will bolster the need to impose restrictive security measures in their case against two Albany men arrested in an FBI counterterrorism sting." Posted at 23:15 by Howard Bashman Say hello to "Alaskablawg": Today appears to be its first day in existence. Posted at 21:11 by Howard Bashman Tonight's music selection: In honor of Halloween tomorrow and the release earlier this week on DVD of the "Dawn of the Dead" remake, tonight's music selection is "Down With The Sickness" by the group Disturbed. The video is available in both Windows Media and QuickTime formats. Interestingly, the "Dawn of the Dead" DVD contains a preview for the new film "Shaun of the Dead." Posted at 21:00 by Howard Bashman Two more three-strikes articles: The San Diego Union-Tribune reports today that "Prop. 66 would alter 3-strikes guidelines." And The San Jose Mercury News reports today that "Crime initiative loses momentum; Governor's opposition key to turnaround." (Via "Sentencing Law and Policy.") Posted at 20:48 by Howard Bashman "Guantanamo Stonewall": The Los Angeles Times today contains this editorial, which concludes: "As the administration continues to stonewall judges doing what the founding fathers intended -- ensuring that the president doesn't overstep his authority -- it is not a stretch to say that Americans are witnessing the makings of a constitutional crisis." Posted at 16:28 by Howard Bashman "Rendell, Biden shift focus to Supreme Court": This article appears today in The Times Herald of Norristown, Pennsylvania. Posted at 16:25 by Howard Bashman "Ohioans consider gay-marriage ban": The Toledo Blade contains this article today. And in The Des Moines Register, columnist Marc Hansen today has an essay entitled "Question of rights for wed-unwed gay couple." Posted at 15:25 by Howard Bashman "New attitude for Miss. Supreme Court": This article appears today in The Clarion-Ledger. Posted at 15:24 by Howard Bashman In judicial election-related news: From Ohio, The Toledo Blade reports today that "Civility of Ohio high-court race upset by last-minute attack ad." The Cleveland Plain Dealer reports today that "Incumbent O'Donnell has big lead in high court race." Yesterday, The Cincinnati Enquirer reported that "Court donations line up by job." The Toledo Blade reported that "O'Donnell, O'Neill spar over judicial rules." And The Cleveland Plain Dealer reported that "High court candidates' styles clash at City Club." From Nevada, The Reno Gazette-Journal reports today that "Justice's donation draws attention; Incumbent gets $200 from Agosti; Opponent says it aligns Douglas with tax decision." From Kentucky, The Lexington Herald-Leader reported yesterday that "Judicial hopefuls can talk on issues; But many won't do so before Nov. 2 vote." And from Alabama, The Mobile Register reported yesterday that "Race for high court could seal Republican grip." Posted at 15:15 by Howard Bashman "State has little affinity for death penalty": The Grand Forks (N.D.) Herald today contains an article that begins, "The announcement Thursday by U.S. Attorney Drew Wrigley that he will seek the death penalty if Alfonso Rodriguez Jr. is convicted of kidnapping and killing Dru Sjodin is historic: It's been more than a century since anyone was sentenced to death in North Dakota." Posted at 15:00 by Howard Bashman "Utah appeals N-waste ruling; U.S. Supreme Court is asked to review lower court's decision": This article appears today in The Salt Lake Tribune. Posted at 14:44 by Howard Bashman "Parental notice foes try wider stage; The abortion measure looks likely to pass, so opponents are focusing on the presidential race": The St. Petersburg Times contains this article today. Posted at 14:38 by Howard Bashman "Supreme Court judge returns home ready to face fallout over crash": This article appears in Sunday's issue of The Sun-Herald of Australia. Posted at 14:33 by Howard Bashman "Montco judge unseals portions of Heinz suit; Teresa Heinz Kerry sued over the death of her first husband; The Inquirer wanted the file opened": The Philadelphia Inquirer contains this article today. And The Times Herald of Norristown, Pennsylvania reports that "Heinz records to be released." Posted at 14:27 by Howard Bashman "Top court frees police to use infrared devices; Finding marijuana grow-ops through thermal equipment acceptable, judges rule": This article appears today in The Toronto Globe and Mail. And The Toronto Star reports today that "Court puts heat on grow-ops." Posted at 14:22 by Howard Bashman "Cyberstalker gets 5 years' probation; Man sentenced under first use of U.S. law barring online harassment": The Seattle Post-Intelligencer contains this article today. Posted at 13:25 by Howard Bashman "3-strikes measure loses ground in poll": This front page article appears today in The San Francisco Chronicle. In related coverage, The Desert Sun reports that "3-strikes measure draws attention." And The New York Times today contains an editorial entitled "'Three Strikes' in California." Posted at 13:15 by Howard Bashman Bob Egelko is reporting: In today's issue of The San Francisco Chronicle, he has articles headlined "Gay marriage foes want city to pay fees" and "Pelican Bay guards lose appeal on attacks; Two were convicted of staging brawls." Posted at 13:10 by Howard Bashman Available online from law.com: In news pertaining to the U.S. Court of Appeals for the Ninth Circuit, Jeff Chorney has articles headlined "Call Me Ishmael -- and Call My Lawyer! Silver lining seen in 9th Circuit ruling on whales' legal standing" and "9th Circuit Will Ask: 'How Gay Do You Have to Be?' Immigration judge denied asylum to Mexican, saying he doesn't look or act gay." In news from Georgia, Jonathan Ringel reports that "Mudslinging Judicial Campaign Draws Ethics Complaint; Watchdog group calls commercials 'misleading and inaccurate.'" And in somewhat related news, "N.Y. Judge Says Speech Limits on Judicial Candidates Deprive Voters of Information." Posted at 10:15 by Howard Bashman "Following Rehnquist: Chief Justice's Illness Brings Questions on Court's Transition." Charles Lane has this news analysis today in The Washington Post. The Boston Globe reports today that "Even with changes, court's shift might only be marginal." The Morning Call of Allentown, Pennsylvania reports today that "Biden says choosing Kerry crucial to Supreme Court; Delaware senator, in Montco stop, warns that Bush likes radicals." And The Kansas City Star reports today that "Top court a source of voter concern; Hot-button topics also elicit opinions." In commentary, The Indianapolis Star today contains an editorial entitled "Senate must stop blocking nominees." And also in The Washington Post today, Cass R. Sunstein and David Schkade have an op-ed entitled "A Bench Tilting Right." Posted at 10:00 by Howard Bashman Friday, October 29, 2004
"Flynt brings his sex business to UK; Pornographer sets out to tempt teachers with good vibrations": This article appears in Saturday's edition of The Guardian (UK). Of course, the article mentions his magazine's victory in the U.S. Supreme Court.
Posted at 20:00 by Howard Bashman
"Sykes sworn in as justice with 7th U.S. Circuit Court of Appeals": The Associated Press provides this report from Milwaukee. Update: A photo from the swearing-in ceremony can be accessed here. Posted at 19:58 by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Courts Stall Ohio Voter Registration Challenges" and "Alabama State Constitution Language Disputed." Posted at 19:50 by Howard Bashman "Supreme Court Betting Pool": At "The Volokh Conspiracy," Orin Kerr links to this very interesting paper discussing "a betting pool among the Justices about the outcome of the '92 presidential election." Posted at 17:55 by Howard Bashman Supreme Court of Canada finds legal analysis in Kyllo v. United States not so hot: The Toronto Globe and Mail offers a news update headlined "Heat detectors don't infringe privacy: top court." You can access today's unanimous ruling of the Supreme Court of Canada at this link. The Canadian decision is not likely to increase Justice Antonin Scalia's regard for international law. Posted at 17:45 by Howard Bashman Soon Alaska may be the highest State in the Nation in more ways than one: Sure, Alaska has long been the northernmost State in the Nation. Now Reuters is reporting that "Alaskans to Vote on Legalizing Marijuana." And USA Today reports today that "Marijuana measures on 3 states' ballots." Posted at 16:18 by Howard Bashman "Supreme Court's Rehnquist Out of Hospital": Reuters provides this report. Posted at 15:42 by Howard Bashman "Same-Sex Marriage Foes Seek $229,000 Legal Fee": The Daily Journal today contains a subscription-only article by Peter Blumberg that begins, "An Arizona Christian advocacy group that fought to stop Mayor Gavin Newsom from issuing marriage licenses to same-sex couples is now asking San Francisco taxpayers to foot its $229,000 legal bill." In other same-sex marriage-related news and commentary, The Clarion-Ledger of Jackson, Mississippi today contains articles headlined "Couple to 'marry' despite Miss. law" and "'Issue not going away'; Neither side aggressively campaigning." The Chicago Tribune reports today that "Gay-marriage backers get Daley's signature." The Washington Post reported yesterday that "Churches Key to Mich. Fight on Gay Marriage; Faithful Line Up on Both Sides of Issue." And in commentary, E.J. Graff has an essay entitled "Self Defeat: Same-sex marriage will get routed at the polls Tuesday--but it won't matter" online at The New Republic. Update: This post has been updated to remove reference to an ACLU press release that on closer look doesn't appear to have been issued today. Posted at 14:33 by Howard Bashman "Justice Rehnquist Released From Hospital": Gina Holland of The Associated Press provides this report. Posted at 14:12 by Howard Bashman Bankruptcy court specifies that monetary sanction against debtor corporation's only shareholder would be non-dischargeable in a later bankruptcy but forgets to specify that sanction couldn't be set aside on appeal: A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision today. Posted at 14:04 by Howard Bashman In wacky legal news from overseas: Reuters reports that "Pop Star Wants Home Sex Movie Shown in Court." Posted at 13:14 by Howard Bashman "Ohio GOP Loses Bid to Fight Registrations": The Associated Press provides this report. Posted at 13:12 by Howard Bashman "Reject effort to put politics in court; Foes distort the record of top-court judge": An editorial published today in The News-Leader of Springfield, Missouri begins: Judicial retention elections are normally snoozers. Voters go down the ballot and come across the names of a few judges who they are asked to retain or remove from office. Large majorities almost always vote yes to retention.Judge Richard B. Teitelman of the Supreme Court of Missouri was the May 2004 interviewee in this blog's "20 questions for the appellate judge" feature, and you can access his interview at this link. Posted at 12:50 by Howard Bashman "2 sides state cases in Big Blue appeal; Justices hear merits of punitive damage law": The Milwaukee Journal Sentinel today contains an article that begins, "Trial lawyer Robert L. Habush on Thursday stoutly defended the $94 million punitive damages award in the Big Blue crane collapse trial, saying the equivalent of a slap on the side of the head was more appropriate than a slap on the wrist." The article goes on to note that three construction workers were killed in "the tragic events on July 14, 1999, at the Miller Park construction site." More information about Miller Park can be accessed via this link. Posted at 12:44 by Howard Bashman "McDermott gets $600,000 tab in leak of illegal phone tape": The Seattle Times today contains an article that begins, "A federal judge in Washington, D.C., has ordered Congressman Jim McDermott to pay $60,000 plus attorney fees that could total more than $545,000 to a Republican congressman who sued McDermott for leaking his cellphone conversations to news reporters." The decision in question does not yet appear online at the web site of the U.S. District Court for the District of Columbia. Update: A reader has kindly and most promptly sent along copies of the opinion and order that are the subject of this news report. Posted at 12:25 by Howard Bashman "Presidential election takes center stage at Supreme Court Preview": The William and Mary News issued this press release yesterday. Posted at 12:14 by Howard Bashman "Lott says 51 votes should confirm": The Sun Herald of Biloxi, Mississippi today contains an article that begins, "Sen. Trent Lott said it shouldn't take a 'super majority' of 60 votes to confirm a nominee to the U.S. Supreme Court, and would like to see the procedure change before a nominee comes before the Senate." Posted at 12:11 by Howard Bashman "Ripe for Condemnation: The Supreme Court should reject land grabs aimed at boosting tax revenue." Jacob Sullum today has this essay online at Reason. Posted at 12:03 by Howard Bashman "lawfulgal" reports on her "Private Time With Justice Kennedy": You can access her blog post at this link. Posted at 12:00 by Howard Bashman "Parks' attorneys lose bid; Archer appointment is not reconsidered": This article appears today in The Detroit News. Posted at 11:59 by Howard Bashman "Minnesota Court Won't Review Defamation": The Associated Press provides this report. Posted at 11:54 by Howard Bashman Additional materials available online relating to constitutional challenge to Pennsylvania's grandparent visitation statute that Supreme Court of Pennsylvania agreed to review on the merits yesterday: Today, the Pa. Supreme Court posted online its order granting the Petition for Allowance of Appeal that I filed in this case in late June 2004. Also available online is the Superior Court of Pennsylvania's ruling from late May 2004, which preceded my involvement in the case. Some additional information about the case can be found in my post from yesterday. Posted at 11:20 by Howard Bashman "Ashcroft: FBI Halliburton Probe Just 'Halloween Prank.'" "ScrappleFace" offers this report. Posted at 11:18 by Howard Bashman In news from Pitcairn Island: The Associated Press reports that "Six Pitcairn Island Men Sentenced." Reuters reports that "Pitcairn Men Sentenced to Jail for Underage Sex." BBC News reports that "Pitcairn sex trial men sentenced." And United Press International reports that "Pitcairn sex offenders receive sentences." In other coverage, The Independent (UK) reports that "Pitcairn Island mayor gets three years for child rape." The Times of London offers an article headlined "'Pitcairn-lite' sentences for sex attackers." And News.com.au offers reports headlined "Only three of Pitcairn's men jailed" and "For Pitcairn's sake, rapists seek mercy." The Australian Broadcasting Corporation offers reports entitled "Longest Pitcairn sentence 6 years"; "Some Pitcairn sex criminals express no remorse"; and "Looking to the future for Pitcairn Island." Finally, The New Zealand Herald recently published an editorial entitled "World will keep an eye on Pitcairn" and an op-ed by Tapu Misa entitled "Pitcairn culture shackled in a time-warp." Posted at 11:01 by Howard Bashman U.S. Court of Appeals for the Sixth Circuit posts online an order in case involving pre-election challenges to Ohio voter registrations: Today's order can be accessed at this link. Posted at 10:50 by Howard Bashman "It Takes a Strong Constitution to Run as a Libertarian; Michael Badnarik has no chance of winning, but he just might siphon key votes from Bush": This article appears today in The Los Angeles Times. The article quotes Libertarian Party presidential candidate Michael Badnarik as saying, "We have this really crazy idea that the Constitution actually means something." Posted at 09:01 by Howard Bashman "One court-decided election is more than enough": Collin Levey has this op-ed today in The Seattle Times. Posted at 08:15 by Howard Bashman "The abortion debate": Erika Bachiochi has this op-ed today in The Washington Times. Posted at 08:14 by Howard Bashman "Judging the judges": This editorial appears today in The Bismarck (N.D.) Tribune. Columnist Rekha Basu has an op-ed today in The Des Moines Register entitled "Election could sway direction of Supreme Court." And Paul E. Kostyu today has an essay in The Canton Repository entitled "Be careful how you label judges." Posted at 07:04 by Howard Bashman "Partisan political cases can divide judges and courts": The Associated Press delivers this earth-shattering news. Posted at 07:02 by Howard Bashman "O'Connor Formally Opens New Law Building; Says Current Issues Demand an Increased Focus on Global Law": The Hoya of Georgetown University contains this article today. Posted at 07:00 by Howard Bashman "It's the Supreme Court, stupid; On justice for gay Americans, a Kerry presidency will make all the difference not for four years, but for the next 40": This essay by David N. Cincilline appears online at the web site of The Washington Blade. Posted at 06:55 by Howard Bashman Seals and Cross: The Los Angeles Times today contains an article headlined "New County Seal Will Cost $700,000, L.A. Officials Say; A revised design, minus a golden cross, will be phased in over a year or two." Posted at 06:50 by Howard Bashman "Specter in line to be federal court kingmaker; If he wins, he'll head the Judiciary Committee; His 'centrist' vow is a sham, his opponent says": The Philadelphia Inquirer contains this article today. Posted at 06:42 by Howard Bashman "Thomas hopes court can avoid election": This article appears today in The Lawrence (Kan.) Journal-World. The Kansas City Star reports today that "High court justice visits KU." And The University Daily Kansan reports today that "Justice visits campus; Clarence Thomas answers questions for law students." Posted at 06:33 by Howard Bashman Thursday, October 28, 2004
"Adviser in Lindh Case Sues Justice Dept.": Friday's issue of The New York Times will contain this article reporting on a lawsuit brought by Jesselyn Radack.
Posted at 23:55 by Howard Bashman
"On the Streets of Baghdad: A soldier's story about building democracy in Iraq, neighborhood by neighborhood." This week's issue of Legal Times contains an essay (subscription required) by U.S. Army Captain Matthew Scalia. Tony Mauro has written an introduction to the essay, and the introduction begins: "Conventional wisdom has it that the children of influential people avoid the military. Matthew Scalia, the 31-year-old son of Justice Antonin Scalia, has not. Army Capt. Scalia, the sixth of Justice Scalia's nine children, served for 13 months in Iraq with the 1st Armored Division. His tour was extended when insurgent uprisings broke out in Sadr City, Karbala, and Najaf." Posted at 23:10 by Howard Bashman In judicial election-related news: From Ohio, The Toledo Blade reports today that "Loophole lets parties fund high court races." From Mississippi, The Clarion-Ledger reports today that "Out-of-state funds emerge as issue in high-court race." The Seattle Post-Intelligencer reports today that "It's the lawyer vs. the judge in Supreme Court race; Political leanings far apart for Johnson, Becker." The News & Observer of Raleigh, North Carolina reports today that "High-court candidate left backlog; Betsy McCrodden did not finish up her cases when she was voted off the appeals bench." The St. Louis Post-Dispatch reports that "Tort reform group will observe vote" because of concern "that trial lawyers will try to rig the Illinois Supreme Court race." And The Louisville Courier-Journal reports that "East Kentucky race may alter divided Supreme Court." Posted at 23:00 by Howard Bashman The Miami Herald is reporting: Today's newspaper contains articles headlined "4 former detainees sue, say they were mistreated; Four former prisoners in the Guantanamo Bay, Cuba, camp sued top U.S. officials, claiming they were systematically abused during their two-year detention" and "Doctors, lawyers wage fierce battle on state ballot; Three amendments spawned by the bitter war between doctors and lawyers could alter the future for each profession in Florida." Posted at 22:52 by Howard Bashman "State's High Court Issues Schiavo Stay": This article appears today in The Tampa Tribune. The St. Petersburg Times reports today that "Court allows Schiavo appeal; The state supreme court's ruling lets the governor appeal to the U.S. Supreme Court." And in commentary, The Palm Beach Post today contains an editorial entitled "Schiavo appeal: No merit." Posted at 22:45 by Howard Bashman "Uncle Sam Is Watching You": In the November 18, 2004 issue of The New York Review of Books, Law Professor David Cole has this review of the books "The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft" by Samuel Dash and "The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age" by Jeffrey Rosen. Posted at 22:35 by Howard Bashman "Justice Thomas Hopes for Smooth Election": The Associated Press provides this report from Lawrence, Kansas. Posted at 22:31 by Howard Bashman "Supreme Court on the Ballot: The next president of the United States may make appointments that will alter how we live." Black Enterprise magazine posted this article online today. Posted at 22:12 by Howard Bashman The Associated Press is reporting: Anne Gearan reports that "Provisional Ballot Controversy Nears End." In news from Colorado, "Judge to Release More Bryant Documents." And an article is headlined "Experts: Web Searches for Sex Declining." Fortunately, web searches for appellate-related news and developments are on the increase. Posted at 17:28 by Howard Bashman Questioning the proper disposition of the Red Sox curse: In response to my post from late last night titled "The curse is reversed," a reader who once served as law clerk to a Justice on the California Court of Appeal writes: "Semantic appellate law/supernatural phenomena question just for fun: Is a curse like a judgment or order that can be reversed, or more like an injunction or stay that may be lifted?" Hmm, I'll try not to spend too much of my 40th birthday celebration pondering that conundrum. Posted at 17:11 by Howard Bashman "I Know What You Did Last Recess: Bush could appoint the tie-breaking justice in next month's Bush v. Kerry." Slate has just posted online this jurisprudence essay by Mark Moller. Posted at 17:07 by Howard Bashman Supreme Court of Pennsylvania accepts challenge to the constitutionality of Pennsylvania's grandparent visitation statute: Today Pennsylvania's highest court agreed to review on the merits a case presenting the following two issues: 1. Is Pennsylvania's grandparent visitation statute, 23 Pa. Cons. Stat. Ann. § 5311, unconstitutional in light of the U.S. Supreme Court's ruling in Troxel v. Granville, 530 U.S. 57 (2000), and the rulings of numerous other state courts of last resort that have, applying Troxel, declared similar statutes unconstitutional?I filed the Petition for Allowance of Appeal in this case (the Pennsylvania state court equivalent of a petition for writ of certiorari) on the father's behalf in June 2004. Posted at 15:44 by Howard Bashman "Next president could cause change in Supreme Court": The Pantagraph of Bloomington, Illinois contains this editorial today. And in today's edition of The Repository of Canton, Ohio, a retired state court judge has a letter to the editor that appears under the heading "Bush's appointees to court would leave lasting, extremist mark." Posted at 15:07 by Howard Bashman "Judge awaits test results after crash": Friday's edition of The Sydney Morning Herald contains an article that begins, "Supreme Court judge Jeff Shaw is expected to be interviewed by police next week pending the results of his blood test taken after a late-night car accident this month." That newspaper also contains an essay by columnist Richard Ackland entitled "So long as he's not bewildered in court, who are we to judge?" Posted at 14:30 by Howard Bashman "Judge to jurors: Please vote for me." This article appears today in The Chicago Sun-Times. Posted at 13:55 by Howard Bashman "Election Suits Are Filed Early and Often; Each party seeks a legal edge in close states as provisional ballots, new voters become issues": Henry Weinstein has this article today in The Los Angeles Times. Posted at 11:47 by Howard Bashman "Marriage amendments all expected to pass": This article appears today in The Washington Times. Posted at 11:45 by Howard Bashman In news from Alabama: The Birmingham News reports today that "State opposes coach in court; Sides against whistleblower in Supreme Court case alleging Title IX discrimination at Ensley." And The Mobile Register reports today that "Prosecutors urge judge to protect fetus." Posted at 11:40 by Howard Bashman Never mind: The Des Moines Register today contains an article headlined "Court retracts ruling to hear sex abuse cases." The article begins: "'Oops' was the ruling from Iowa's highest court Wednesday. The Iowa Supreme Court announced it made a mistake Tuesday when it said it would hear an appeal of a district judge's decision not to dismiss two sex abuse lawsuits against the Davenport Catholic Diocese. Actually, the court decided against hearing the appeal, said spokeswoman Becky Colton." In other coverage, The Quad-City Times reports today that "Court rescinds order after rare mistake." Posted at 11:01 by Howard Bashman Father of one of President Bush's Sixth Circuit nominees from Michigan endorses President Bush: The Traverse City Record-Eagle reports today that "Former Sen. Robert Griffin endorses Bush; He feels his insight may be helpful to voters." Makes one wonder for whom the parents of President Bush's other Sixth Circuit nominees from Michigan will be voting. Posted at 10:50 by Howard Bashman "Times v. Scalia": Michael Rips, who clerked for Justice William J. Brennan, Jr., has this op-ed today in The New York Sun in response to Adam Cohen's editorial observer column entitled "Imagining America if George Bush Chose the Supreme Court" recently published in The New York Times. Posted at 10:40 by Howard Bashman Oh, Canada! The Canadian Press reports that "Supreme court to hear case of living room masturbator." According to the article, the case presents the question whether a person's living room qualifies as a "public place" if what is occurring there is visible to others outside the home. Posted at 10:34 by Howard Bashman "Thomas shares lessons from on and off the bench; Justice goes from courtroom to classroom": This article appears today in The Lawrence (Kan.) Journal-World. The article states, "The tentative Kansas University law students had reason to be intimidated Wednesday: The teacher in their constitutional law class was Clarence Thomas, one of nine U.S. Supreme Court justices trusted to interpret the law of the land." And the following appears toward the end of the article: "I look at it as a job," he told students. "When you think you're all that important, you run the risk of thinking you can raise the level at which you impact the country. I am a Title 3 (federal district court) judge, and I will not try to be God."Get that newspaper reporter a primer on the U.S. Constitution! This photograph accompanies the article. Posted at 09:55 by Howard Bashman "Bench Brawl: The courts are the one thing the Left agrees on." Kay R. Daly today has this essay at National Review Online. Posted at 09:50 by Howard Bashman "Clinic gives law advice to Mills; With legal aid, murderer avoids death penalty": The Yale Daily News today contains an article that begins, "In New Haven's first state capital punishment case since the state reinstituted the death penalty in 1973, convicted triple murderer Jonathan Mills escaped the death penalty -- and a group of students at Yale Law School could not have been happier." Posted at 09:24 by Howard Bashman "Today in History - Oct. 28": Among other things, a certain appellate law blogger reaches the age of 40. Posted at 09:20 by Howard Bashman "High Court Warning": Collin Levey has this op-ed today in The New York Post. Posted at 07:05 by Howard Bashman "Barrow slows advance in Commandments battle; No more tax funds for war chest": The Athens Banner-Herald contains this article today. Posted at 07:04 by Howard Bashman "Lyon County judge faced assorted allegations in 1980 ouster campaign": This article appears today in The Lawrence (Kan.) Journal-World. Posted at 07:02 by Howard Bashman In news and commentary from New Hampshire: Yesterday's edition of The Union Leader contained an article headlined "NH justice: I oppose amendment" and an editorial entitled "Justice disrobed: Nadeau, voter guide out of bounds." Posted at 07:00 by Howard Bashman "Justice's illness renews talk about high court's future": This article appears today in The Cleveland Plain Dealer. And The Philadelphia Inquirer reports that "Rehnquist illness highlights an avoided issue; Neither Bush nor Kerry points up that if he wins, his high court appointments could have a big effect." In commentary, The Wichita Eagle today contains an editorial entitled "Don't forget power to pick justices." The Charleston (W.Va.) Gazette contains an editorial entitled "High court in the balance." The Chicago Sun-Times contains commentary entitled "Roe vs. Wade figures to last far beyond Rehnquist." And The Fort Worth Star-Telegram contains an op-ed by Linda P. Campbell entitled "Don't count your justices..." Posted at 06:46 by Howard Bashman Reuters is reporting: Now available online are articles headlined "U.S. Can Bar Hawaiians from Indian Status" and "Court TV Gets Its Day Before a Judge." Posted at 06:40 by Howard Bashman "Could there be - gulp - a tie? Imagining a Bush-Edwards triumph." This article appears today in The Philadelphia Inquirer. And Reuters reports that "Tied Presidential Election Could Be Mother of All Messes." Posted at 06:36 by Howard Bashman Wednesday, October 27, 2004
The curse is reversed: Congratulations to the Boston Red Sox, who moments ago won the World Series for the first time since 1918!
Posted at 23:41 by Howard Bashman
In news from Ohio: The Cleveland Plain Dealer today contains articles headlined "Court hears life-and-death arguments; Medical guardian's authority challenged"; "Top court candidates debate judicial role"; and "High court candidates help others; Both men give time to less fortunate." And The Toledo Blade reports today that "High court rivals in Ohio square off over activism roles." Posted at 23:40 by Howard Bashman In Thursday's edition of The New York Times: An article will report that "Big Tobacco Draws a Small but Dedicated Crowd to Trial." And in local news, "On the Stand, Lawyer for a Terrorist Sheik Shows Strain." Posted at 23:05 by Howard Bashman Available online from law.com: An article reports that "Recess Appointment Saga Hits High Court; Florida drug defendant challenges President Bush's appointment of William Pryor to seat on 11th Circuit." In somewhat related news, Jonathan Ringel reports that "Strip-Search Case Provokes Tough Questions by 11th Circuit." In news from California, "Sex Charges: Wilson Sonsini Associate Pleads No Contest." And an article is headlined "DRI: It's the Other Face of Trial Lawyers; And it's no longer 'pale, male and stale.'" Posted at 23:00 by Howard Bashman "But if you're wiley, you will leave them lying, snared up in the traps that they set for you": Today's issue of The Washington Post contains this review of the book "Salt of the Earth, Conscience of the Court: The Story of Justice Wiley Rutledge" by John M. Ferren. (This post's title courtesy of Elton John). Posted at 22:55 by Howard Bashman "Rehnquist's illness raises debate about a court shift": This editorial appears today in The Portland (Me.) Press Herald. Posted at 22:47 by Howard Bashman In news from the Scott Peterson trial: The San Mateo County Times reports today that "Defense rests without calling Scott to the stand." The Modesto Bee reports that "Defense comes to roaring halt; Geragos' quick ending startles court observers, 'disappointment' for one." And The San Jose Mercury News reports that "Defense rests on burglar theory." Posted at 22:01 by Howard Bashman The San Francisco Chronicle is reporting: In today's newspaper, Bob Egelko has articles headlined "Judge sets hearing on same-sex marriage ban; He says lawyers on both sides must stick to legal arguments" and "Gay group appeals asylum ruling; Guadalajara police beat Mexican man." In other news, "Voters fear repeat of 2000 election; Poll shows 6 of 10 believe there won't be a winner Nov. 3 in presidential race." And in coverage of the Scott Peterson trial, "Defense called surprisingly weak; Trial-watchers say attorney did not pursue key claims." Posted at 21:50 by Howard Bashman "Federal judge blocks enforcement of Prop. 208": The Sacramento Bee provides a news update that begins, "U.S. District Court Judge Frank C. Damrell Jr. on Wednesday blocked enforcement of the remnants of Proposition 208, which requires that the names of top donors to political organizations be included in advertising for political candidates or initiatives." Posted at 21:47 by Howard Bashman Jury recommends death penalty for drug dealer in federal criminal trial in Iowa: The Associated Press provides this report. According to the article, the death penalty is not available for criminal prosecutions in Iowa state court. Posted at 19:25 by Howard Bashman "Likely Voters Narrowly Prefer Bush to Pick Justices": The Washington Post provides this news update. According to the Electoral Vote Predictor 2004, that narrow majority may get its wish (or maybe not). Still to come, results of a poll on whether likely voters prefer the Justices to pick the President. Posted at 19:14 by Howard Bashman "Government Seeks Trial Date for Moussaoui": The AP reports here that "The government proposed Wednesday that Zacarias Moussaoui go on trial May 31, the day after Memorial Day, in the only U.S. case charging a defendant with crimes related to the Sept. 11 attacks." The federal government's motion to set a trial date, filed today in the U.S. District Court for the Eastern District of Virginia, can be accessed at this link. And Lyle Denniston of "SCOTUSblog" has a post titled "Trial date sought for Moussaoui." Posted at 18:50 by |
