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Tuesday, November 30, 2004
Wow, that was fast! It may be approaching the midnight hour, but in response to this post from less than an hour ago, a "How Appealing" reader with access to a copy in PDF format of the federal government's opening appellate brief that arrived today at the U.S. Court of Appeals for the Eighth Circuit in the federal partial birth abortion ban appeal has sent the brief along so that I can post it online. You can access the brief at this link.
Posted at 23:02 by Howard Bashman
"Supreme Court weighs whether Title IX covers retaliation claims": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 22:40 by Howard Bashman "Videos Cited in Calling Kosher Slaughterhouse Inhumane": This article will appear Wednesday in The New York Times. Posted at 22:38 by Howard Bashman Charles Lane is reporting: In Wednesday's issue of The Washington Post, he will have articles headlined "Retaliation, Bias Are Alleged in Ala. Case; Court Weighs Suit Of School Coach" and "High Court Puts Limit On Lender Liability; Statutory Damages Can't Exceed $1,000." Posted at 22:35 by Howard Bashman Available online from law.com: Tony Mauro reports that "High Court Considers Title IX's Reach." And in news from Georgia, "Fen-Phen Trials May Test New Damages System; 'Reverse bifurcation' procedure designed to block 'back-door' punitives." Posted at 22:15 by Howard Bashman Beyond the Dale: Law Professor Ann Althouse has a post entitled "Analogizing law schools to the Boy Scouts." Posted at 22:12 by Howard Bashman "Justice Dept. Nixes Neb. Abortion Ruling": The AP provides this report on the federal government's appeal to the U.S. Court of Appeals for the Eighth Circuit in which the federal government seeks to vacate an injunction entered by a federal district judge in Nebraska against the federal ban on partial birth abortion. The federal government failed to include an electronic copy of its brief in its Eighth Circuit filing, which is why I cannot link to that brief at this moment. Posted at 22:10 by Howard Bashman "Harvard Law to Bar Military Recruiters": The Associated Press has issued this report. And you can access online here the statement of Harvard Law School Dean Elena Kagan. The statement is premature in a sense, in that yesterday's ruling by the U.S. Court of Appeals for the Third Circuit won't take effect at the earliest until 52 days from yesterday, when the Third Circuit will issue its mandate to the district court. And if the federal government seeks and obtains a stay of that mandate pending a request for further review in the U.S. Supreme Court, the Third Circuit's mandate may never issue. For example, the Ninth Circuit's mandate in the Pledge of Allegiance case never issued (and thus that ruling never had any effect "on the ground" within the Ninth Circuit) before the U.S. Supreme Court issued its reversal. On the other hand, Harvard Law School at all times (including now) has had the right to ban military recruiters from campus notwithstanding the existence of the Solomon Amendment -- the university simply had to pay the price in loss of federal funding. Dean Kagan's statement suggests that now that the price to be paid will soon be zero dollars, Harvard Law School can afford to exercise its right of association in the manner it prefers. On this very point, to the extent that the Solomon Amendment causes a law school to "speak" in any manner, it seems to me that a law school is forced to reveal that it finds the continuation of federal funding to have a greater value than the evenhanded application of the school's anti-discrimination policy. This "speech" -- which reveals that the exercise of rights sometimes comes at great cost; even at a cost that may be too great to bear -- would seem to teach law students a valuable lesson about how the real world often operates. Posted at 22:00 by Howard Bashman "Wide scope for Title IX meets resistance": Online at "SCOTUSblog," Lyle Denniston offers this report on a case argued today before the Supreme Court of the United States. Posted at 20:50 by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Supreme Court Hears Arguments on Title IX" featuring Nina Totenberg. And today's broadcast of "Talk of the Nation" contained a segment entitled "Calls for States' Rights, from the Left." Posted at 20:44 by Howard Bashman Additional criticism of yesterday's Solomon Amendment ruling: Someone who reviews many judicial opinions for a living calls yesterday's Third Circuit ruling in the Solomon Amendment case "dead on arrival" at the U.S. Supreme Court. Read the full post online here at the "Power Line" blog. Update: This post has been edited to conform to edits made to the original post to which I linked. Posted at 20:10 by Howard Bashman That was fun: I had a great time appearing this evening on MSNBC's "The Abrams Report" with Dan Abrams. A transcript should be available online tomorrow. My wife commented that I was the only guest who seemed to retain composure, but perhaps that's because Dan agreed with my assessment of the Third Circuit's ruling yesterday in the Solomon Amendment case. My radio appearance tomorrow morning to discuss yesterday's Solomon Amendment ruling, on the Michael Smerconish show on WPHT 1210 AM in Philadelphia, has been pushed back to an 8 a.m. start time. Posted at 20:02 by Howard Bashman "Man, I Throw Like a Woman: The Supreme Court explores the subtleties of sex and basketball." Dahlia Lithwick has this Supreme Court dispatch this evening. Posted at 19:55 by Howard Bashman "Unsolomonic...and unfair": The blog "Power Line" posts an email from a reader in connection with yesterday's Third Circuit ruling. Posted at 15:35 by Howard Bashman "Slate's Jurisprudence: High Court's High Season." Today's broadcast of NPR's "Day to Day" contained this segment (RealPlayer required) featuring Dahlia Lithwick. Posted at 15:25 by Howard Bashman The U.S. Supreme Court is the likely next stop for the Solomon Amendment case decided yesterday in the U.S. Court of Appeals for the Third Circuit: Normally, once a three-judge panel of a U.S. Court of Appeals decides a case, the losing party has the option to seek rehearing en banc before all non-recused active judges (or, in the Ninth Circuit, before a panel of eleven judges). In the Third Circuit, however, rehearing en banc is not available if a majority of the judges in regular active service is recused from hearing a case. A notice enclosed with the copy of yesterday's Third Circuit ruling that the court sent to me by mail indicates that a majority of the Third Circuit's active judges is recused from the case. As a result, the U.S. Supreme Court is the one and only place where the federal government will have any realistic possibility of getting yesterday's ruling by a divided three-judge Third Circuit panel overturned. Often the U.S. Supreme Court will refrain from hearing cases that involve the grant or denial of a preliminary injunction, because that relief will be superseded once the trial court issues its final adjudication. In this instance, however, that usual reluctance may not exist, because yesterday's Third Circuit ruling leaves little doubt how the case must be resolved on the merits in the district court. Posted at 15:00 by Howard Bashman "Appeals Court Rules Against Pot Ad Ban": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday. Posted at 14:44 by Howard Bashman "Federal appeals court to rehear Lynn desegregation plan": The Daily Item of Lynn, Massachusetts contains this article today. Posted at 14:44 by Howard Bashman "High Court Limits Lending Law Damages": Reuters provides this report. Posted at 14:35 by Howard Bashman Upcoming TV and radio appearances: In connection with yesterday's ruling of the U.S. Court of Appeals for the Third Circuit in the Solomon Amendment case, in which I had filed an amicus brief on behalf of three law student veterans' groups, I will be appearing this evening on the MSNBC program "The Abrams Report" with Dan Abrams, which will be televised from 6 p.m. to 7 p.m. eastern time. And tomorrow morning, those in the Philadelphia area can hear me interviewed on the Michael Smerconish show on WPHT 1210 AM at 7 a.m. Posted at 14:25 by Howard Bashman "Court Limits Damages for Misleading Loans": Gina Holland of The Associated Press provides this report. Posted at 11:52 by Howard Bashman "Court Asked To Drop China Spy Case; Lawyers Say Access to Key Witness Blocked": Josh Gerstein has this article today in The New York Sun. Posted at 11:50 by Howard Bashman "If Republicans change Senate rules, it could come back to bite them": This editorial appears today in The Austin American-Statesman. Posted at 11:00 by Howard Bashman "An Unsolomonic decision": This post about yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit in the Solomon Amendment case appears today at the "Power Line" blog. Earlier this morning, I collected press coverage of the ruling in a post you can access here. Posted at 10:44 by Howard Bashman The Supreme Court of the United States issued one opinion today: Justice Ruth Bader Ginsburg wrote the opinion of the Court in Koons Buick Pontiac GMC, Inc. v. Nigh, No. 03-377, and the judgment under review was reversed and remanded. You can access the syllabus at this link; Justice Ginsburg's majority opinion at this link; the concurring opinion of Justice John Paul Stevens at this link; the concurring opinion of Justice Anthony M. Kennedy at this link; the opinion concurring in the judgment of Justice Clarence Thomas at this link; and the dissenting opinion of Justice Antonin Scalia at this link. And you can access the oral argument transcript at this link. Posted at 10:00 by Howard Bashman "Veterans willing to wait on plan to relocate cross": The San Diego Union-Tribune today contains an article that begins, "Most of the county's veterans are long removed from the battlefield, but a new twist in the dispute over the Mount Soledad cross shows they haven't lost their taste for a fight." Posted at 09:55 by Howard Bashman "Alabama clings to segregationist past; US state with racist history votes to keep 'separate schools for white and coloured children' as part of constitution": The Guardian (UK) contains this article today. Posted at 09:52 by Howard Bashman "U.S. judges await ruling on sentencing guidelines": This article appears today in The Pittsburgh Post-Gazette. Will today be the day? We shall learn the answer very soon. Posted at 09:45 by Howard Bashman "Supreme Court Examines Gender Equity Law": Hope Yen of The Associated Press provides this report. And FindLaw columnist Joanna Grossman today has an essay entitled "Does Title IX Prohibit Retaliation Against Coaches Who Point Out Sex Discrimination? The Supreme Court Hears Argument On This Issue Today." Posted at 09:40 by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Supreme Court Case Tests Title IX Protections" (featuring Nina Totenberg) and "Court: Colleges May Ban Military Recruiters." RealPlayer is required to launch these audio segments. Posted at 09:35 by Howard Bashman C-SPAN's "Road to the White House" featuring Ana Marie Cox of Wonkette.com: On November 13, 2004, she delivered the keynote address at the Online News Association's annual conference in Hollywood, California. You can view the video by clicking here (RealPlayer required). Posted at 08:40 by Howard Bashman "Court hears medical marijuana case; Justices consider California statute vs. U.S. drug laws": Jan Crawford Greenburg has this article today in The Chicago Tribune. David G. Savage of The Los Angeles Times reports that "Justices Take On Medical Pot Law; There's no consensus as the high court debates whether U.S. antidrug policy supersedes California's medical marijuana exception." Michael McGough of The Pittsburgh Post-Gazette reports that "Medical marijuana case puts Supreme Court in curious spot." Bob Egelko of The San Francisco Chronicle reports that "Medical pot case in court; 2 California women plead their case before justices." And Josh Richman of The Oakland Tribune reports that "Pot case heard at the top; Oaklander finds a little sympathy on Supreme Court, but next year's ruling is tough to predict." USA Today reports that "Justices doubtful about medical marijuana; Exception to federal anti-drug law could lead to abuse, Souter says." The Baltimore Sun reports that "Justices skeptical over patients' use; Court hears arguments in Calif. medical marijuana case." The Hartford Courant reports that "Marijuana Case Heard; Before Supreme Court, Lawyers Debate California Law On Medicinal Use." The San Jose Mercury News reports that "Medicinal marijuana gets court skepticism; Justices will rule on law for California pot use." The Sacramento Bee reports that "Justices debate medical pot; Supreme Court appears cool to 2 women's pleas to uphold California law." And Financial Times reports that "Principle of states' rights challenged in marijuana case." Posted at 07:30 by Howard Bashman Death notice for Laury Gordon Estrada: The Washington Post contains this death notice today. Posted at 07:20 by Howard Bashman "Colleges Can Bar Army Recruiters": Adam Liptak has this article today in The New York Times. The Harvard Crimson contains an article headlined "Court: Solomon Rule Invalid; Federal appeals court sides with universities seeking to block military recruiters." Both of those articles contain quotes from me. In other coverage, The Philadelphia Inquirer reports that "Court says colleges can bar military recruiters; Forcing universities to allow them or lose aid is a free-speech violation." The Los Angeles Times reports that "Campuses May Bar Military Recruiters; A federal appeals court rules that universities' free-speech rights are incompatible with the Pentagon's policy on gays and lesbians." The Boston Globe reports that "Pentagon ordered to halt law school recruiting tactics." CNN.com reports that "Court halts penalty for barring recruiters; Law allows government to withhold funds to colleges." The Yale Daily News reports that "Court allows recruiter ban; Appeals court ruling may impact Yale lawsuit." The Daily Pennsylvanian reports that "Local court of appeals strikes controversial military recruiting law; U.S. Third Circuit Court of Appeals declares Solomon Amendment unconstitutional." And Washington Square News reports that "Solomon amendment overturned; Appeals court rules colleges can bar military recruiters." Posted at 07:05 by Howard Bashman Monday, November 29, 2004
Further reaction to today's ruling by the U.S. Court of Appeals for the Third Circuit holding that the Solomon Amendment should be preliminarily enjoined as unconstitutional: At "The Volokh Conspiracy," both Orin Kerr and David Bernstein have posted about the ruling. And the blog "Power Line" offers a post titled "Philosophizing disgrace."
Posted at 23:42 by Howard Bashman
In Tuesday's issue of The New York Times: Linda Greenhouse will report that "States' Rights Defense Falters in Medical Marijuana Case." And Neil A. Lewis will have an article headlined "Red Cross Finds Detainee Abuse in Guantanamo." Posted at 23:28 by Howard Bashman Available online from law.com: Tony Mauro reports that "Justices Dubious of Medical Marijuana." Marcia Coyle has an article headlined "High Court Press: Coach seeks to expand civil rights reach of Title IX." Shannon P. Duffy reports that "3rd Circuit Voids Law School Funding Restriction." Jonathan Ringel reports that "Giant Suit Against Car Insurers Broadsided by 11th Circuit." And in other news, "Guantanamo Detainee Cases Torn Between Two Judges; The DOJ wanted one judge to handle motions in the cases, but it ended up with both a Carter appointee and a Bush appointee." Posted at 23:05 by Howard Bashman In Tuesday's edition of The Washington Post: Charles Lane will report that "High Court Not Receptive to Marijuana Case; Medical Use Seen As Subject to Regulations." In other news, "U.S. Loses Ruling Over College Bans on Military Recruiters." An article will report that "Rights Groups Urge Scrutiny Of Gonzales." And a front page article will bear the headline "Luring Pro Bono Lawyers For Death Row's Forgotten." Posted at 22:55 by Howard Bashman "Colleges Can Bar Army Recruiters": Adam Liptak will have this article in Tuesday's issue of The New York Times. And Tuesday's issue of The Philadelphia Inquirer will report that "Law putting military recruiters on campus invalidated." Posted at 22:30 by Howard Bashman "Peterson's bid for new jury, change of venue rejected": The San Francisco Chronicle provides this news update. Posted at 21:50 by Howard Bashman "Calif. Court: No New Peterson Jury." The Associated Press reports here that "The California Supreme Court on Monday rejected a request from Scott Peterson's lawyers that a new jury be selected to decide whether he should get the death penalty. The ruling clears the way for the penalty phase to start on Tuesday." Posted at 21:10 by Howard Bashman This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" reports on today's U.S. Supreme Court oral argument in the medical marijuana case: You can play the audio from this evening's report by clicking here (RealPlayer required). Posted at 20:55 by Howard Bashman Funeral arrangements for Laury Estrada: Reported here, at the blog "Southern Appeal." Posted at 20:24 by Howard Bashman Law Professor Eugene Volokh comments on today's ruling by the U.S. Court of Appeals for the Third Circuit holding that the Solomon Amendment should be preliminarily enjoined as unconstitutional: Professor Volokh, who knows a thing or two about the First Amendment, writes that "I think the court was likely mistaken, for complicated reasons that I'm too swamped to go into right now." But unlike Pierre de Fermat, who observed that "I have discovered a truly remarkable proof which this margin is too small to contain," Professor Volokh goes on to opine that "I think this is an important case, and I predict that, if the Third Circuit doesn't hear it en banc (I have no prediction on whether it will or it won't, since I don't know how the Third Circuit operates), the U.S. government will ask the Supreme Court to hear the case, and the U.S. Supreme Court will agree to hear it." Posted at 19:44 by Howard Bashman Available online at "SCOTUSblog": Lyle Denniston has a post entitled "The federalism revolution -- revisited." And Marty Lederman has a related post entitled "Further Thoughts on Ashcroft v. Raich." Posted at 19:42 by Howard Bashman "Federal Appellate Court Strikes Solomon Amendment; Military May Not Force Law Schools to Give Access to Military Recruiters": The law firm of Heller Ehrman White & McAuliffe LLP has issued this press release today. And I have had the pleasure this afternoon of giving several interviews to members of the press about today's ruling of the U.S. Court of Appeals for the Third Circuit in this case, in which I filed this amicus brief as counsel for several law student veterans' groups. Posted at 19:22 by Howard Bashman "Supreme Court Hears Arguments on Medical Use of Marijuana": Linda Greenhouse has this news update online at the web site of The New York Times. Posted at 19:15 by Howard Bashman "Justices appear unlikely to OK medical use of marijuana": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 19:04 by Howard Bashman "Justices appear unlikely to OK medical use of marijuana": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 19:04 by Howard Bashman "Dude, Where's My Integrity? Medical marijuana tests the Supreme Court's true love of federalism." Slate has just posted online this Supreme Court dispatch by Dahlia Lithwick. Posted at 19:00 by Howard Bashman "A test of how far Title IX protections reach: The Supreme Court Tuesday considers the case of a fired coach who had railed against conditions for female athletes." Warren Richey will have this article in Tuesday's issue of The Christian Science Monitor. Posted at 18:03 by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Supreme Court Hears Arguments on Medical Marijuana" (featuring Nina Totenberg) and "Analysis: Legal Use of Medical Marijuana." Posted at 17:55 by Howard Bashman "Schools Win Battle Over Campus Recruiting": The Associated Press reports here that "A federal appeals court Monday barred the Defense Department from withholding funds from colleges and universities that deny access to military recruiters." Posted at 17:33 by Howard Bashman "Court Weighs Challenge to Medical Marijuana": David G. Savage of The Los Angeles Times provides this news update. Online at law.com, Tony Mauro has an update headlined "Justices Dubious of Medical Marijuana" that begins, "The Supreme Court on Monday appeared ready to accept Bush administration arguments that California's medical marijuana law interferes too much with federal efforts to combat illicit drugs." And Law Professor Lawrence Solum, at his "Legal Theory Blog," offers this very detailed account of today's U.S. Supreme Court oral argument. Posted at 17:30 by Howard Bashman "Federal court strikes down military recruitment on campuses": The Philadelphia Inquirer provides a news update that begins, "A divided federal appeals court in Philadelphia today invalidated the Solomon Amendment, the 10-year-old federal law that requires universities to give campus access to military recruiters or forfeit federal funding." Posted at 15:42 by Howard Bashman "The trouble with press accounts of Supreme Court cases": Law Professor Eugene Volokh offers this post today. While Eugene's criticism of the news account that he examines has much to recommend it, I am struck by the fact that every early report on today's U.S. Supreme Court oral argument involving medical marijuana states that the Court appears inclined to rule in favor of the federal government. Even if this were not in line with my earlier prediction, I'd still think that the unanimity of veteran observers' impressions is noteworthy. Posted at 15:20 by Howard Bashman Fifty-nine percent of adults in the United States don't know what job or political office is now held by William H. Rehnquist: The Associated Press is continuing to publicize the results of its latest poll, now in an article headlined "Poll: Americans Want Roe v. Wade Upheld." A related graphic can be accessed here. The underlying data, which give rise to the title of this post, can be found in an item headlined "Supreme Court Retirement Poll Method." Posted at 15:06 by Howard Bashman "Supreme Court Considers Medical Marijuana Case": James Vicini of Reuters provides this report. And Bloomberg News reports that "Medical Marijuana Draws Skepticism at U.S. Top Court." Posted at 14:45 by Howard Bashman BREAKING NEWS -- Divided three-judge panel of the U.S. Court of Appeals for the Third Circuit directs the entry of a preliminary injunction against enforcement of the Solomon Amendment: You can access today's ruling at this link. As today's majority opinion explains at its outset, "The Solomon Amendment, 10 U.S.C. §983, requires the United States Department of Defense ('DOD') to deny federal funding to institutions of higher education that prohibit military representatives access to and assistance for recruiting purposes." Third Circuit Judge Thomas L. Ambro wrote the majority opinion, in which Senior Third Circuit Judge Walter K. Stapleton joined. Senior Third Circuit Judge Ruggero J. Aldisert wrote a dissenting opinion. This is a major First Amendment free speech victory by various law schools against the U.S. Department of Defense. The U.S. Congress, meanwhile, fervently continues to support the Solomon Amendment. It will be interesting to see whether the federal government will seek en banc review from the Third Circuit or will seek to have the U.S. Supreme Court reverse the Third Circuit's ruling. Much more information about this litigation can be accessed via this link. Posted at 14:02 by Howard Bashman "UR denied Supreme Court review": The Rochester Democrat and Chronicle provides a news update that begins, "The U.S. Supreme Court today denied the University of Rochester's request for a review of rulings that invalidated the university's patent on a class of drugs that include the multimillion-dollar Celebrex." Posted at 13:55 by Howard Bashman "Take Our Ninth Circuit Court--Please!" Last Tuesday, The Wall Street Journal published a letter to the editor from Ninth Circuit Judges Diarmuid F. O'Scannlain and Richard C. Tallman responding to the op-ed entitled "Don't Split the Ninth Circuit!" written by Ninth Circuit Judges Alex Kozinski and Sidney R. Thomas published in The Wall Street Journal on November 10, 2004. The op-ed is freely available online to all, while the letter to the editor is available only to paid subscribers of The WSJ's online content. To allow the letter to the editor to reach additional readers, one of its co-authors has sent along its text, which I am now posting online: The op-ed to which this letter responds can be accessed here. Posted at 12:50 by Howard Bashman "Wary Court Considers Medical Marijuana": Gina Holland of The Associated Press provides this report. Posted at 12:24 by Howard Bashman "Once a Felon, Is Man Now a Victim? Steven Gates' new life was shattered by a TV show years after he left prison; His case pits his right to privacy against the 1st Amendment." Maura Dolan has this article today in The Los Angeles Times. Posted at 12:00 by Howard Bashman In Kansas, man will soon stand trial "as the first person in America whose DNA was charged with a crime": This article appeared Saturday in The Wichita Eagle. Posted at 11:45 by Howard Bashman "My Name is Angel Raich": The web site of Drug Policy Alliance offers this open letter today. Ms. Raich is one of the parties in the medical marijuana case argued today before the U.S. Supreme Court. Posted at 11:40 by Howard Bashman "The Becker-Posner Blog": A former colleague of mine forwards this link, which a Google search has revealed. I've added the site's feed to my Bloglines account. Posted at 11:35 by Howard Bashman "Justices Could Decide Officer's Right to Make Pornography": Josh Gerstein of The New York Sun has this article today in that newspaper. Posted at 10:40 by Howard Bashman Today's U.S. Supreme Court Order List: Today's Order List can be viewed at this link. The Court granted review in only one case and summarily affirmed in another. In early press coverage, Gina Holland of The Associated Press reports that "Court Declines to Hear Gay Marriage Case." Hope Yen reports that "Court Sidesteps Campaign Spending Case." And The AP reports that "Ruling on Hitler Artwork to Stand." Posted at 10:00 by Howard Bashman "High court departures may not pose threat to affirmative action": This article appears today in The Michigan Daily. And The Daily Bruin reports today that "Professor's study on race stirs debate." Meanwhile, on a related topic, The Washington Post today contains an editorial entitled "Diversity Stymied." Posted at 09:58 by Howard Bashman "High Court to Hear Medical Marijuana Case": Gina Holland of The Associated Press provides this report. Posted at 09:40 by Howard Bashman "High Court to Rule on Medical Marijuana": Today's broadcast of NPR's "Morning Edition" contained this segment (RealPlayer required) featuring Nina Totenberg. Posted at 09:33 by Howard Bashman In sympathy: The Charlotte Observer today reports that "U.S. District Judge Brent McKnight dies; Former prosecutor; also winner of Morehead, Rhodes honors." He was 52 years old. Also in our prayers is former D.C. Circuit nominee Miguel A. Estrada, whose wife passed away this weekend. Posted at 09:24 by Howard Bashman "A Defeat In Illinois for Suits Asking the Gun Industry to Better Screen Customers: Why It Was the Right Decision." FindLaw columnist Anthony J. Sebok has this essay today. Posted at 07:00 by Howard Bashman "Bush High Court Choice Should Back Abortion Rights, Poll Shows": Bloomberg News provides this report. Posted at 06:50 by Howard Bashman "Supreme Court to hear marijuana case; Power of Congress to override Calif. law under review": This article appears today in The Boston Globe. The Baltimore Sun reports today that "Drug case highlights power struggle; Local, federal authorities split on medical marijuana; Supreme Court to hear case today." And today in The Los Angeles Daily News, Gary Galles had an op-ed entitled "Clause can make state laws go to pot; Government: medical marijuana is violation of commerce statute." Posted at 06:40 by Howard Bashman Sunday, November 28, 2004
"Preserving the Power of Congress": Monday's issue of The New York Times will contain an editorial that begins: "The Supreme Court is hearing arguments today in a case involving two important, but very different, legal issues: medical marijuana and federalism."
Posted at 23:50 by Howard Bashman
"Bribery trial to begin, developer Sabri defiant": This article will appear Monday in The Minneapolis Star Tribune. Posted at 23:48 by Howard Bashman In Monday's edition of The Los Angeles Times: Tomorrow's newspaper will contain articles headlined "Vaccine Injury Claims Face Grueling Fight; Victims increasing view a federal compensation program as adversarial and tightfisted" and "The People's Verdict: Going to Court in China Pays Off." Posted at 23:44 by Howard Bashman "Chipping Away at Roe vs. Wade": This editorial appears today in The Los Angeles Times. Posted at 23:40 by Howard Bashman Charles Lane is reporting: In Monday's issue of The Washington Post, he will have articles headlined "Court to Hear Marijuana Case; Legality of Cultivating Plant for Medical Use Is at Issue" and "In Leak Case, Reporters Lack Shield For Sources." Posted at 23:32 by Howard Bashman Here come the Justices: The San Diego Union-Tribune reports today that "High court to be in session in San Diego; State justices to hear arguments at USD." Posted at 21:52 by Howard Bashman "Sons' court cases pose dilemma for 2 judges; The state's practice raises questions about objectivity, experts say": This article appears today in The Honolulu Star-Bulletin. Posted at 21:50 by Howard Bashman "A Mother's Torment Resumes; A young Huntington Beach girl was slain in 1979; Her mother now awaits the ordeal of a retrial of man twice convicted in death": Claire Luna of The Los Angeles Times has this article today. Posted at 21:48 by Howard Bashman "Inmate finds hope in Supreme Court ruling": This article appears today in The Lincoln (Neb.) Journal Star. Posted at 21:45 by Howard Bashman "Justices to Hear Arguments on Interstate Wine Sales": Monday's edition of The New York Times will contain this article. And Monday's edition of Financial Times contains an article headlined "Wine bar means limited choice in land of free." Posted at 21:44 by Howard Bashman "Now free, immigrant's fate in court's hands; Daniel Benitez, a Mariel refugee whose case is before the U.S. Supreme Court, has spent more than half his life in the United State behind bars; He has been released--though still under immigration control": This article appears today in The Miami Herald. Posted at 21:42 by Howard Bashman "Shock and Awe In the Senate: The filibuster protects minority rights, enabling government to measure and respect not merely numbers but intensity in political disputes." Columnist George F. Will will have this essay in the December 6, 2004 issue of Newsweek. Posted at 21:40 by Howard Bashman "Ensley High coach takes discrimination fight to D.C.": The Birmingham News today contains this article about a case to be argued before the U.S. Supreme Court on Tuesday. And in other coverage, The Hartford Courant reports today that "Coach's Title IX Case Pivots On Retribution." Posted at 21:10 by Howard Bashman On this date in 1975: Twenty-nine years ago today, President Gerald R. Ford nominated John Paul Stevens to serve on the Supreme Court of the United States. Posted at 20:45 by Howard Bashman The one year anniversary of the mysterious death of Assistant U.S. Attorney Jonathan Luna is on the horizon: The Associated Press reports that "A year later, federal prosecutor's death still a mystery." The federal prosecutor's dead body was discovered in Lancaster County, Pennsylvania on December 4, 2003. The Baltimore Sun has collected here its coverage of the Jonathan Luna matter. Posted at 20:15 by Howard Bashman "To Break the Stalemate, Give Judges Less Than Life": Norman Ornstein has this op-ed today in The Washington Post. Posted at 19:45 by Howard Bashman "Terry Nichols confessed": This article appears today in The Oklahoman. For those unwilling to register to access articles over that newspaper's web site, "TalkLeft" offers more details here. Posted at 19:38 by Howard Bashman "Medical Marijuana, Sex Bias on Justices' Agenda": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required) featuring Nina Totenberg. Posted at 18:22 by Howard Bashman In Monday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Showdown over medical marijuana: The Supreme Court hears a California case Monday that could become a signature decision of the Rehnquist era." And in other news, "Political battles over gay marriage still spreading; 12 more states may vote on banning it in 2006." Posted at 18:15 by Howard Bashman "Poll: Most Support Justice Retirement Age." The Associated Press reports here that "Six in 10 Americans say there should be a mandatory retirement age for Supreme Court justices, according to an Associated Press poll." A related item is headlined "Supreme Court Retirement Poll Method." Earlier this year, the Virginia Law Review published an article titled "Saving this Honorable Court: A proposal to replace life tenure on the Supreme Court with staggered, nonrenewable eighteen-year terms." I'm fond of the article because one of my "20 questions for the appellate judge" interviews is cited as a source in footnote 74. Posted at 15:00 by Howard Bashman "Full Court Press: How the Supreme Court is going to be Reaganized." The New Republic Online today recycles this essay by Fred Barnes. The piece first appeared in the June 10, 1985 issue of that magazine. (Via "Crescat Sententia.") Posted at 13:20 by Howard Bashman Sending birthday wishes: Denise Howell's pioneering blawg "Bag and Baggage" turns three years old today. And her adorable son turned one yesterday. Posted at 13:15 by Howard Bashman "Asbestos injury bill is gaining; GOP Senate wins spur business hopes, but fund issues remain": This article appears today in The Sacramento Bee. Posted at 13:10 by Howard Bashman "Mr. Smith Goes Under the Gavel": The New York Times today contains an editorial that begins: Republicans control the White House, both houses of Congress and the Supreme Court. But the greater their power, the more they have focused on one of its few limits: the Senate filibuster. They are so concerned that Democrats will use the filibuster to block a few far-right judicial nominees that they are talking about ending one of the best-known checks and balances in government. Rather than rewrite the rules of government for a power grab, Republicans should look for ways to work with Democrats, who still represent nearly half the country.You can access the entire editorial at this link. Posted at 13:04 by Howard Bashman "Senate Republicans threaten to go 'nuclear' to end judicial filibusters; Legislative weapon would end delays over some Bush nominations": This article appeared yesterday in The Austin American-Statesman. Posted at 09:20 by Howard Bashman "Minority whip discusses role in federal judgeships": The St. Louis Post-Dispatch yesterday posted online the text of an interview with U.S. Senator Richard J. Durbin (D-IL). Posted at 09:10 by Howard Bashman "High Court Cases Show 2 Sides of Conservatism; It's law and order vs. limited government in medical marijuana and wine-shipping disputes": David G. Savage has this article today in The Los Angeles Times. The LATimes also reports today that "California Women Make a New Case for Medical Marijuana; Aghast at federal agents' raids after 9/11, they sue the government, saying the commerce clause of the Constitution doesn't apply to the pot they use." Meanwhile, in The San Francisco Chronicle, Bob Egelko today has articles headlined "Medical marijuana before Supreme Court; Federal power to control drug use vs. states' health care laws" and "Coping with a life full of pain; Plaintiff uses medical marijuana every 2 hours, but doesn't get high." Posted at 09:04 by Howard Bashman "Rehnquist to miss court session": Michael McGough of The Pittsburgh Post-Gazette has this article today. Posted at 09:00 by Howard Bashman Saturday, November 27, 2004
"Foreseeing Greatness? Measurable Performance Criteria and the Selection of Supreme Court Justices." Via SSRN, you can download this paper by Law Professor James J. Brudney.
Posted at 23:40 by Howard Bashman
In Sunday's edition of The Washington Post: A front page article reports that "Alabama Vote Opens Old Racial Wounds; School Segregation Remains a State Law as Amendment Is Defeated." And in other news, a front page article is headlined "'04 Voting: Realignment -- Or a Tilt? Political Parties Look for Answers." Posted at 22:55 by Howard Bashman "ACLU supports suit filed by Falwell critic; Group files brief in trademark dispute involving Web site": The Associated Press provides this report from Richmond, Virginia. Posted at 20:12 by Howard Bashman "Evidence at Issue as Woman's Execution Nears; Lawyers for Frances Newton, convicted of killing her family in Houston, seek new tests": This article appears today in The Los Angeles Times. Posted at 20:05 by Howard Bashman ACLU files appeal in Colorado "Howling Pig" case: The Denver Post reports today that "ACLU appeals case challenging libel law." And late last month, The Greeley Tribune published an article headlined "Weld DA's office cleared in 'Howling Pig' case" reporting on the ruling of the U.S. District Court for the District of Colorado that is the subject of the ACLU's appeal. Posted at 19:50 by Howard Bashman "Courting justice in God's country; Rural Dolores County needs a judge; law degree not a requirement": This article appeared yesterday in The Denver Post. Posted at 19:45 by Howard Bashman "Chief Justice's absence will continue": Lyle Denniston online at "SCOTUSblog" reprints here the latest official statement from U.S. Supreme Court spokesperson Kathleen L. Arberg. Posted at 19:40 by Howard Bashman "We all need some compensation; Kids on 70s Pink Floyd song in royalties battle": The Mirror (UK) contains this article today. The Times of London reports that "Payout after Pink Floyd leaves them kids alone." The Guardian (UK) offers an article headlined "Royalties bid by Pink Floyd school chorus." The Telegraph (UK) reports that "Pink Floyd singers can cash in at last." And BBC News reports that "Pink Floyd pupils claim royalties." Posted at 19:30 by Howard Bashman "Gay-rights dispute lingers in Boyd schools": The Courier-Journal of Louisville, Kentucky contains this article today. Posted at 19:15 by Howard Bashman "Enlisting Law Schools in Campaign for Animals": This article appears today in The New York Times. Posted at 19:11 by Howard Bashman "Toddler's testimony won't be heard; State Supreme Court won't allow videotapes of child as evidence": The Salem (Ore.) Statesman Journal today contains this article reporting on a decision that the Supreme Court of Oregon issued yesterday. Posted at 10:35 by Howard Bashman "Widowed gays win survivor pensions; Toronto activist led 1,300 others in 18-year battle; Appeal court ruling could cost $80M in pension payments": This article appears today in The Toronto Star. And The Toronto Globe and Mail reports today that "Same-sex couples win pension fight; Ottawa violated rights in denying CPP benefits, Ontario Court of Appeal rules." Posted at 10:30 by Howard Bashman Lesbians win on appeal: The Indianapolis Star today contains an article headlined "Court extends rights to gay mom; Judges prod lawmakers to address family issues raised by new social reality and reproductive technology" reporting on a decision that the Court of Appeals of Indiana issued on Wednesday. And The Daily News of Galveston County, Texas reports today that "Appeals court upholds lesbian adoption." You can access online both the memorandum opinion and a concurring memorandum opinion that the Court of Appeals for the First District of Texas issued on Tuesday. Posted at 10:20 by Howard Bashman "Leaders support required jail time; As other states mull '3 strikes' laws, Florida officials tout mandatory terms": This article appears today in The Orlando Sentinel. And The Indianapolis Star today contains an editorial entitled "Guilty of sentencing beyond evidence." Posted at 10:15 by Howard Bashman "GOP isn't a lock for Senate rule": The New York Daily News yesterday contained an article that begins, "Republican dreams of forging a filibuster-proof Senate majority in 2006 are unlikely to succeed despite the party's solid gains this year, according to political analysts." Posted at 10:05 by Howard Bashman "Pickering's fate uncertain; White House mum on renomination; Judge's recess appointment to 5th Circuit coming to an end": The Clarion-Ledger of Jackson, Mississippi contains this article today. Posted at 10:04 by Howard Bashman "Hatch is upbeat in waning days of chairmanship": This article appears today in The Deseret Morning News. Posted at 10:02 by Howard Bashman "Shaw on recovery path with new job": Sunday's edition of The Sun-Herald of Australia contains an article that begins, "Former Supreme Court judge Jeff Shaw has begun rebuilding his legal career as a consultant to a leading city law firm." Posted at 10:00 by Howard Bashman "Touring Commandments make a symbolic stop; Alabama tablet pulls up alongside contested display outside courthouse": This article appears today in The Houston Chronicle. Posted at 09:50 by Howard Bashman "Local Time: Will the Supreme Court save federalism from the conservatives?" Reason yesterday posted online this essay by Jacob Sullum. And syndicated columnist James J. Kilpatrick has an essay entitled "Doctors and the Law." Both of these essays discuss the medical marijuana case to be argued Monday before the Supreme Court of the United States. Posted at 08:20 by Howard Bashman Friday, November 26, 2004
"Chief Justice Won't Return to the Court This Year": Linda Greenhouse will have this article in Saturday's edition of The New York Times.
Posted at 23:40 by Howard Bashman
"Terror Case Hinges on a Wobbly Key Player": This lengthy article will appear in Saturday's issue of The New York Times. Posted at 22:50 by Howard Bashman "Rehnquist Will Be Absent Again; No Specifics Given; Chief Justice Still Being Treated for Cancer": Charles Lane will have this article in Saturday's edition of The Washington Post. Posted at 22:45 by Howard Bashman "Cruel and Unusual: The end of the Eighth Amendment." Joan Dayan has this essay in the October/November 2004 issue of Boston Review. Posted at 21:10 by Howard Bashman "Gays, lesbians win pension decision; Denying retroactive CPP benefits to widowed gays unconstitutional, court rules": The Canadian Press provides this report on a ruling that the Court of Appeal for Ontario issued today. Posted at 21:04 by Howard Bashman "Rehnquist to Miss Sixth Week of Work": Hope Yen of The Associated Press reports here that "Chief Justice William H. Rehnquist will be absent from the Supreme Court on Monday, beginning a sixth week of missed work caused by thyroid cancer. The 80-year-old has been receiving chemotherapy and radiation treatment at home and plans to skip the two-week cycle of arguments that starts Monday, a court spokesman said Friday. No other information was available." Posted at 18:05 by Howard Bashman "One hack shot, two torn lives and golf in chaos": Saturday's edition of The Sydney Morning Herald contains an article that begins, "It was a shot heard around the world. It ruined one man's life, almost ended another and is sending shivers up the spines of golfers from Sydney to Scotland's St Andrews." Posted at 17:55 by Howard Bashman "More Than Mud-Free Courts": This editorial appears today in The Los Angeles Times. Posted at 17:52 by Howard Bashman Not the medical marijuana case: Keen observers will note that more than one case is being argued Monday before the Supreme Court of the United States. The other case is the subject of an article headlined "Fayetteville lawyers take case before Supreme Court" published today in The Fayetteville (N.C.) Observer. Posted at 17:50 by Howard Bashman "Supreme Court to weigh states' legalization of marijuana for medical use": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 17:00 by Howard Bashman "Supreme Court to Hear Gender-Equity Case": The Associated Press provides this report. Posted at 15:15 by Howard Bashman "The Constitutional Doctrines that Won't Change, Even If the Supreme Court Does": Vikram David Amar and Alan Brownstein today have this essay online at FindLaw. Posted at 15:00 by Howard Bashman "Hey, Teacher! We All Need Some Compensation." Reuters reports here that "A group of former London schoolchildren who sang on Pink Floyd's 1979 classic 'Another Brick In The Wall' have lodged a claim for unpaid royalties." The plaintiffs are said to oppose dark sarcasm in the courtroom. Posted at 13:24 by Howard Bashman "Congress Bestows Honor on Judge James R. Browning": The U.S. Court of Appeals for the Ninth Circuit (which is also open for business today) issued this news release earlier in the week. Posted at 13:15 by Howard Bashman "Cities ignore ban, sanction 'oppressive regimes'": This article appears today in The Washington Times. Posted at 12:20 by Howard Bashman So much for one person, one vote: In news from Ohio, The Associated Press reports that "2 double voters hold key to school income tax's fate." The article begins, "A couple in a neighboring county who admitted to voting twice on Election Day could be forced to reveal how they cast their ballots in the disputed, single-vote defeat of a proposed school income tax, the school district's attorney said." Posted at 12:00 by Howard Bashman The U.S. Court of Appeals for the Eighth Circuit appears to be open for business today: It has issued this unpublished opinion. And the always-open U.S. Court of Appeals for the Fifth Circuit would appear to be open too, if this earlier post remains accurate. Update: The D.C. Circuit also isn't taking the day after Thanksgiving off; it has issued this published opinion today. Posted at 11:38 by Howard Bashman Identifying non-"girlie man" judicial nominees proves time-consuming: The Sacramento Bee on Wednesday reported that "Governor lags on state judicial picks; Aides say he is still devising a process for filling the posts." Posted at 11:12 by Howard Bashman "Penalty Showdown in Peterson Trial; The jury deciding if the convicted murderer lives or dies can expect passion on both sides": This article appears today in The Los Angeles Times. Posted at 11:10 by Howard Bashman "Gov't Urges Upholding of Stewart Verdict": The Associated Press reports here that "The government urged a federal appeals court to uphold the conviction of Martha Stewart, arguing that 'overwhelming evidence' supported the guilty verdict against the celebrity homemaker." If anyone wishes to email to me a copy of the federal government's appellate brief (preferably in PDF format) so that I can post it online, my email address can be found toward the top of the right-hand column on this page. Posted at 10:20 by Howard Bashman "Leaving USA proves tricky for dispirited gays; Concerned about 'poisonous environment,' some opt to emigrate": This article appears today in The Washington Blade. Posted at 10:14 by Howard Bashman "School fights for gun ban; University of Utah duels with officials who say it must submit to law that ordered it to allow concealed arms": The Chicago Tribune contains this article today. Posted at 10:12 by Howard Bashman "Can't we just let it be? asks Beatle-riffing judge": This article appears today in The New York Daily News. Meanwhile, in news coverage from overseas, The Telegraph (UK) has an article headlined "Something in the way he judged me." The Guardian (UK) offers an article headlined "And the defendant gently weeps." The Mirror (UK) contains an article headlined "John, Paul, Judge and Ringo; Justice in Beatle lyrics." And BBC News offers a report headlined "Lyrical US judge's poetic ruling: An American judge has proved that even the law can be lyrical." For additional news coverage of this matter, see this post of mine from yesterday. Posted at 10:05 by Howard Bashman "Hope for healing: Medical marijuana users will take on the federal government before the Supreme Court." Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper. And The Santa Cruz Sentinel reports today that "Supreme Court to hear medical pot case; Ruling could legalize local marijuana farm." Posted at 09:30 by Howard Bashman "Bush Impact on Supreme Court Unclear": Voice of America News provides this report today. Posted at 07:45 by Howard Bashman "Abortion foes put faith in Congress; Both sides prepare for legislative fight": This article appears today in The Chicago Tribune. Posted at 07:42 by Howard Bashman "The scary right: Religious zealots riding high after W's win." Columnist Errol Louis has this essay today in The New York Daily News. Posted at 07:40 by Howard Bashman In news from Canada: The Toronto Globe today contains an article headlined "Supreme Court agrees to hear Cotler case" that begins, "The Supreme Court of Canada has agreed to hear allegations by Quebec City lawyer Guy Bertrand that his clients, former Rwandan political activist Leon Mugesera and his family, are the victims of a plot hatched by Justice Minister Irwin Cotler to deport them to Rwanda." Posted at 07:35 by Howard Bashman "Officials Try to Stop Removal of Cross; Congressmen seek to designate the Mt. Soledad landmark, on city-owned land in San Diego, as a national veterans memorial": This article appeared Tuesday in The Los Angeles Times. Posted at 07:32 by Howard Bashman "Sizing Up Man Who Would Be Atty. Gen.": The Los Angeles Times contains this article today. And The Washington Times reports today that "Liberals vow to fight Gonzales nomination." Posted at 07:25 by Howard Bashman "Medical-pot fight goes to justices; Patients say they need it; feds say it does no good": This article appears today in USA Today. And in related coverage, The New York Sun reports today that "Marijuana, Federalism on the Docket." Posted at 07:15 by Howard Bashman Thursday, November 25, 2004
"Big battle brewing over new judges": Syndicated columnist William Rusher has this essay today in The Telegraph of Nashua, New Hampshire.
Posted at 23:55 by Howard Bashman
"Bride and Prejudice: The Senate's most zealous Christian conservative loses his seat to a Democrat who favors near-gay-marriage." Today's edition of The New Haven Advocate contains this article. Posted at 23:52 by Howard Bashman "Sjodins to sue state; Civil lawsuit says state should never have released Rodriguez": This article appears today in The Grand Forks (N.D.) Herald. The St. Paul Pioneer Press reports today that "Sjodin family to sue state; Rodriguez's release led to woman's death, letter says." And The Minneapolis Star Tribune reports that "Sjodin's family to sue Minnesota." Posted at 23:48 by Howard Bashman "It's the pro-lifers' moment: Bush's re-election, the Peterson case and other factors show that the right has gathered steam." Columnist James P. Pinkerton has this essay in today's edition of Newsday. Posted at 23:45 by Howard Bashman "Poor felons may face debt order; Justices: Trial costs may be assessed." Today's edition of The Cleveland Plain Dealer contains an article that begins, "Destitute prison inmates got handed another reason not to be thankful on the eve of Thanksgiving." You can access yesterday's ruling of the Supreme Court of Ohio at this link. Posted at 23:44 by Howard Bashman "Justices toss out $77.5M jury award; Businessman from Hazlehurst had won case in Copiah County in 2001": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "The state Supreme Court, with the help of two special justices, has thrown out a $77.5 million jury award in the oldest case remaining on the court's docket." You can access Monday's ruling of the Supreme Court of Mississippi at this link. Posted at 23:35 by Howard Bashman "Court to review briefs in Limbaugh case": The South Florida Sun-Sentinel today contains an article that begins, "The Florida Supreme Court on Wednesday ordered prosecutors and attorneys for Rush Limbaugh to state why the high court should hear his case." Posted at 23:33 by Howard Bashman "High court to rule on venue change; Media coverage has tainted jurors, Geragos says": Bob Egelko has this article today in The San Francisco Chronicle. The Modesto Bee reports that "Geragos appeals to highest state court; Judges have rejected his requests twice this week." And The San Jose Mercury News reports that "Appeal for new jury before top state court; Changes unlikely, analysts believe." Posted at 23:32 by Howard Bashman "Affirmative action foes say effort on track; Michigan Civil Rights Initiative says petition deadline will be met": The Ann Arbor News contains this article today. Posted at 23:30 by Howard Bashman "Media giants ponder FCC appeal; Firms hope U.S. will join case on ownership rules": This article appears today in The Chicago Tribune. Posted at 23:28 by Howard Bashman "Detainee wants justices to hear plaint against military tribunals": Michael McGough of The Pittsburgh Post-Gazette has this article today. Posted at 23:25 by Howard Bashman "Teacher: God on history's side; Cupertino schools sued over ban on founding father excerpts invoking religion." This article appears today in The Oakland Tribune. And Friday's issue of The Telegraph (UK) reports that "Christian teacher sues his school." My earlier coverage of this matter can be accessed here. Posted at 23:20 by Howard Bashman "Why Democrats Lose at the Polls When They Win In the Courts: Judicial Decisions' Influence on Recent Presidential Elections." FindLaw columnist Edward Lazarus has this essay online today. Posted at 23:15 by Howard Bashman Recount here, recount there: Earlier today, I collected both at this link and the next few posts above it news reports regarding the recount in the race for Governor of Washington State. The Birmingham News today contains an article headlined "Automatic recount commences Monday" that begins, "Alabama voters rejected a proposal to strip Jim Crow language from the state constitution by just 1,850 votes, triggering a statewide recount that will begin Monday, Secretary of State Nancy Worley said." And The Orlando Sentinel yesterday reported that "In Puerto Rico, election workers balk at recount." Posted at 23:10 by Howard Bashman "Relatively low salaries are driving state's judges away from the bench": This article appears today in The Fort Worth Star-Telegram. Posted at 23:00 by Howard Bashman In appellate news from the Ukraine: Financial Times reports in Friday's issue that "World waits to hear from judges known for their independence." And Friday's edition of The New York Times will contain an article headlined "Ukraine Court Delays Results in Vote Dispute." Posted at 22:24 by Howard Bashman In Friday's edition of The New York Times: An article reports that "After Victory, Crusader Against Same-Sex Marriage Thinks Big." In other news, "Rule Change in Oregon May Alter the Landscape." And in regional news, "Legal Precedent Doesn't Let Facts Stand in the Way." Posted at 22:05 by Howard Bashman "Both sides gearing up for battles over abortion": This article will appear Friday in The Chicago Tribune. Posted at 22:02 by Howard Bashman "Courthouse waits on Bush; Bill allows Arkansas cases to be heard in Texas courtroom": The Texarkana Gazette today contains an article that begins, "All that is needed for Texarkana's federal courthouse to have cross-jurisdiction status is a signature by President Bush. U.S. Sen. John Cornyn, R-Texas, announced that the Senate and the House of Representatives passed a measure giving special status to the downtown federal building that straddles the Texas-Arkansas state line." The Third Branch newsletter in June 2004 contained this article about the U.S. District Court in Texarkana, and you can view additional images of the courthouse here and here. Posted at 21:52 by Howard Bashman "High Court to Weigh Medical Marijuana Laws": David Kravets of The Associated Press provides this report. Josh Richman of The Oakland Tribune reports today that "Top court hears local pot case; Oakland woman's lawyers will argue free medical marijuana not 'interstate commerce.'" And The Contra Costa Times on Tuesday reported that "Cannabis fight enters U.S. high court." Posted at 21:50 by Howard Bashman "Judge 'Something' else! Harrison-case ruling diagnoses doc in verse." The New York Daily News today contains an article that begins, "My sweet law? While My Gavel Gently Weeps? Here Comes the Judge? A frustrated songwriter who doubles as a Staten Island judge has issued a bizarre ruling in a case involving George Harrison's controversial cancer doctor -- writing his decision in a parody of the late Beatle's classic 'Something.'" In other coverage, The New York Post today contains an article headlined "Rock and Rule." And from overseas, The Times of London reports that "Judge's ruling in style of Beatle song earns rebuke." The Sun (UK) offers a report headlined "La la la la, hey Judge." And The Scotsman (UK) reports that "Judge Rules in Style of George Harrison Song." Posted at 12:02 by Howard Bashman "Chief Justice Scalia": Kevin Ring has this op-ed today in The Washington Times. Posted at 11:05 by Howard Bashman "Charge against Fieger dropped; Attorney Discipline Board throws out misconduct complaint over 1999 remarks": This article appeared yesterday in The Detroit News. My earlier coverage of this matter can be accessed here. Posted at 09:02 by Howard Bashman "Woman gets access to abortion file; She says she was a confused teen during hearing": The Detroit Free Press contains this article today. Both the majority opinion and a dissenting opinion issued Tuesday by a divided three-judge panel of the Michigan Court of Appeals are available online. Posted at 09:00 by Howard Bashman "Recount in Washington State Shows 42-Vote Margin; Republican candidate for governor declares himself the winner, but his Democratic rival deems it a tie; A hand tally may be next": This article appears today in The Los Angeles Times. Posted at 08:55 by Howard Bashman The New York Times is reporting: Today's newspaper contains an article headlined "Margin Now Just 42 Votes in Washington State Race." And yesterday's newspaper contained an article headlined "When Plagiarism's Shadow Falls on Admired Scholars." Posted at 08:45 by Howard Bashman In news from Washington State: Concerning the race for governor, The Seattle Post-Intelligencer reports that "Recount gives Rossi a 42-vote victory; But Gregoire vows to press for manual tally." The Seattle Times offers an article headlined "A governor by Christmas?" And The Olympian reports that "It's Rossi...by 42 votes; Gregoire says she wants hand recount; Results will take weeks." An obituary in The Seattle Times is headlined "James Dolliver, 1924-2004: High-court justice helped guide state with fairness, wit." And The Olympian reports that "Ex-chief justice Dolliver dies; Supreme Court judge was known for commitment to his community." Finally, The Seattle Post-Intelligencer reports that "Snipers won't be charged in woman's death; Muhammad, Malvo have already been penalized, prosecutor says." And The News Tribune of Tacoma reports that "County prosecutors decline to file charges against snipers." Posted at 08:40 by Howard Bashman Wednesday, November 24, 2004
Decalogue blog: In news from Texas, "Man sues to keep 10 Commandments monument."
And from North Dakota, The Forum of Fargo reports that "Ten Commandments hearing is scheduled." Posted at 22:34 by Howard Bashman Available online from The Associated Press: Hope Yen reports that "Study Examines Sentencing Guidelines." And in other news, "White House Criticizes High Court Appeal." Posted at 22:30 by Howard Bashman Available online from law.com: In news from California, "Lawyer Says High-Stress Career Led Him to Have Sex With Minor" and "Scientology Settlement Puts IRS in a Kosher Pickle." And Law Professor Steven Lubet has an essay entitled "The Clinton Miscalculus: If the president had trusted his lawyer, history itself might be different." Posted at 22:24 by Howard Bashman "Scalia in shul: State must back religion." This article appears today in The Jerusalem Post. Posted at 20:10 by Howard Bashman "Judge Pickering's 5th Circuit appointment coming to an end": The Associated Press provides this report. My two posts on this subject from earlier today can be accessed here and here. Posted at 20:00 by Howard Bashman "The Next Phyllis Schlafly: A longtime Republican operative wants to sell herself as a grass-roots leader; Her target -- the Supreme Court." The American Prospect Online today has posted this profile of the president of Coalition for a Fair Judiciary. Posted at 17:00 by Howard Bashman Let the recount by hand begin in the Washington State governor's race: The Seattle Times offers a news update headlined "Rossi wins in recount of governor's race" that begins, "When the final votes in the race for governor in the state were tallied shortly after noon today, Republican Dino Rossi won the election by just 42 votes over Democratic challenger Christine Gregoire." Posted at 16:50 by Howard Bashman Allowing two essential witnesses to testify at defendants' criminal trial in Alabama via two-way video teleconference from Australia violated defendants' Sixth Amendment confrontation clause rights: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. And don't miss the opinion concurring in the result, which questions whether administering the oath from Alabama to a witness in Australia suffices to place the witness under oath. Posted at 16:40 by Howard Bashman "Declaration of Independence Banned at Calif School": Reuters reports here that "A California teacher has been barred by his school from giving students documents from American history that refer to God -- including the Declaration of Independence." Yesterday, the Alliance Defense Fund issued a press release entitled "California teacher censored; School district forbids teacher from providing handouts that reference significant documents in U.S. history because they mention God." You can access at this link the complaint initiating suit that the teacher filed against the school district this week in the U.S. District Court for the Northern District of California. Posted at 16:30 by Howard Bashman "Blue Hawaii: When liberal states get tough on crime." Slate has just posted online this jurisprudence essay by David Feige. Posted at 15:52 by Howard Bashman "Rules Differ for Penalty Phase of Criminal Cases": This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Among other things, Dahlia comments on yesterday's development in the Scott Peterson trial. As Bob Egelko reports today in The San Francisco Chronicle, "State appeals court rejects venue change; Geragos expected to make plea to California top court." The Modesto Bee reports today that "Appeal for new jurors denied; State court rejects request to change panel, cities for Peterson sentencing phase." The San Mateo County Times reports today that "Appeals court denies Geragos' move to delay trial; Defense lawyer likely will approach the California Supreme Court to retain new jury, location" and "Scott to dine alone on turkey day." And The San Jose Mercury News reports today that "Request for new jury during penalty phase rejected in state court." You can access the docket entries for the proceeding before California's Court of Appeal for the First Appellate District at this link. Posted at 15:15 by Howard Bashman U.S. Court of Appeals for the First Circuit affirms decision declaring unconstitutional New Hampshire's Parental Notification Prior to Abortion Act applicable to unemancipated minors: You can access today's ruling at this link. Posted at 15:05 by Howard Bashman The U.S. Court of Appeals for the Ninth Circuit delivers more good news for especially dangerous aliens: Over the dissent of five judges, the Ninth Circuit today denied rehearing en banc in a case in which the three-judge panel's opinion begins: This case requires us to consider whether 8 U.S.C. §1231(a)(6), as construed by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678 (2001), authorizes the continued and potentially indefinite detention of an alien based on a determination that the alien's mental illness makes him specially dangerous to the community. We conclude that the statute does not provide such authority.Circuit Judge Alex Kozinski wrote a dissent from the denial of rehearing en banc. It will be interesting to see whether the U.S. Supreme Court will find this case to be of interest. Posted at 15:00 by Howard Bashman "Daimler to Appeal $101.75 Million Verdict": Reuters provides this report. Posted at 14:40 by Howard Bashman "ACLU enters gay-rights shirt case": This article appears today in The Kansas City Star. And, as I noted here last night, The New York Times today contains an article headlined "Battle on Gay Pride Shirts Leads to Suit Against School." The Joplin Globe has provided extensive coverage of this matter. Today's newspaper contains articles headlined "School district, student headed for legal showdown" and "Suit called 'unfortunate,' 'appropriate'; Reaction mixed on ACLU decision." And earlier coverage, listed in reverse chronological order, was headlined "ACLU to announce if lawsuit to be filed; Webb City board stands firm, says T-shirts violate dress code"; "Most readers say shirts should be curbed"; "Dress-code quandary: Residents weigh in on both sides of T-shirt issue at high school"; "School district awaits next move; Dress-code dispute discussed in meeting behind closed doors"; "Teenager refuses to hide his pride; Issue pitting school district against civil-liberties group"; "Controversy: Is freedom just another word? An individual's right to express opinions versus school rules"; and "Pride and prejudice: Webb City school's T-shirt controversy attracts plan for protest." The Globe also published an editorial entitled "School must prove T-shirt is disruptive" and an essay by columnist Edgar Simpson entitled "First Amendment covers all." The ACLU yesterday issued a press release entitled "ACLU Sues Missouri High School for Censoring Gay Student." Also available online are the complaint that the ACLU filed in federal court yesterday initiating suit on the student's behalf against the school district and a brief in support of the student's request for a preliminary injunction. Posted at 11:20 by Howard Bashman Where to begin? The brand new post up at the blog "Underneath Their Robes" has much to offer. For starters, Seventh Circuit Judge Richard A. Posner will be officially entering the blogosphere soon as co-author of a new blog. The post also links to an Associated Press report from Bucharest headlined "Judge 'starred in adult video'; Resigns after state crime lab identifies her in X-rated movie." And for those with a little free time over the holiday weekend, here's a heaping helping of movie reviews from Ninth Circuit Judge Alex Kozinski. I'm glad to see that he and I share the same views about the new "Dawn of the Dead" remake, recently released on DVD. Posted at 11:00 by Howard Bashman In the words of Cyndi Lauper, "Money changes everything": In response to my post from earlier this morning about the impending expiration of Circuit Judge Charles W. Pickering, Sr.'s recess appointment to the U.S. Court of Appeals for the Fifth Circuit, a reader emails: The situation with Judge Pickering is interesting. It involves not only the constitutional language but some statutory provisions as well.I thank the author of this email for sending this information along. Posted at 10:30 by Howard Bashman "Top court: Legal fees legit in transsexuals' case against toy giant." The Associated Press reports here from Albany, New York that "The state's top court ruled Tuesday that Toys 'R' Us must pay the legal fees for three transsexuals who won a 'moral victory' in their discrimination lawsuit against the retail giant." In January 2004, the U.S. Court of Appeals for the Second Circuit certified to the New York Court of Appeals the question whether New York City's Human Rights Law, which generally allows the recovery of attorneys' fees by a prevailing plaintiff, allowed recovery of attorneys' fees in this case, in which only $1 in damages was awarded. The Second Circuit's certification opinion can be accessed here. And you can access yesterday's ruling of New York State's highest court at this link. Update: law.com also covers this news today in an article headlined "N.Y.'s High Court Adopts Standard for Fees in Civil Rights Cases; Justices rule that the money award or legal impact must be significant." Posted at 10:25 by Howard Bashman "Professor's Lawyers Challenge Evidence": The Associated Press reports here from Tampa, Florida that "Defense attorneys for a former professor accused of terrorism want a federal judge to throw out virtually all the government's evidence, saying improper searches and inappropriate surveillance violated their client's constitutional rights." The Tampa Tribune offers detailed background about the case at this link. Posted at 10:05 by Howard Bashman The next impact from judicial filibusters is just right around the corner: As expected, much attention in the media has already been devoted to the impact, if any, that the U.S. Senate's strengthened Republican majority in January 2005 will have on the issue of judicial filibusters. But the effect of judicial filibusters will once again come starkly into focus even before the new Senate takes office on January 4, 2005. The recess appointment of Charles W. Pickering, Sr. to the U.S. Court of Appeals for the Fifth Circuit will expire before the end of 2004. Precisely when the recess appointment will expire cannot yet be determined. The relevant language of the U.S. Constitution states, in the final paragraph of Article II, Section 2, "The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session." The use of the word "their" may strike modern readers as ungrammatical, because "the Senate" today is viewed as a singular noun. But, in any event, this provision of the Constitution states that Judge Pickering's recess appointment will expire at the end of the U.S. Senate's current session, which apparently will conclude sometime in December 2004. At that point, Judge Pickering will no longer be a member of the federal judiciary. And President Bush will have to choose between giving Judge Pickering a second recess appointment (thereby further enraging Judge Pickering's opponents) or accepting defeat at the hands of Senate Democrats who filibustered this judicial nomination. If the latter course is chosen, no doubt Judge Pickering would seek to ameliorate matters by claiming that he has decided to retire from the federal judiciary. But, if Judge Pickering were now permanently to depart from the federal judiciary, it would clearly be a defeat for President Bush, and another victory for the judicial filibuster, no matter how the Administration and Judge Pickering attempt to portray it. Posted at 09:00 by Howard Bashman If only this were true: "ScrappleFace" reports that "Hidden Clause Would Force Lawmakers to Read Legislation." Posted at 08:50 by Howard Bashman "New Legal Papers Reveal Charges Against Detainee; The Guantanamo Bay prisoner whose case has halted tribunals alleges mistreatment": This article appears today in The Los Angeles Times. The Washington Post reports that "Justices Asked to Rule on Detainees; Yemeni's Attorneys Want to Bypass Federal Appeals Court." The Miami Herald reports that "Terror inmate takes case straight to Supreme Court; The Supreme Court was asked to quickly review the lower-court ruling that halted military commissions for Guantanamo inmates accused of war crimes." And Financial Times reports that "Lawyers for Bin Laden's driver ask court to act." Posted at 07:45 by Howard Bashman Bob Egelko is reporting: In The San Francisco Chronicle, today he has an article headlined "Couples use Lockyer's words against him; Judge to decide if ban on gay marriage is unconstitutional." And in yesterday's newspaper he reported that "Guardsman will go with unit to Iraq; Ninth Circuit passes on soldier's challenge of Army's stop-loss policy; judge to review." Posted at 07:40 by Howard Bashman "Specter flap could hurt Santorum": This article appears in today's issue of The Hill. And in The Providence Journal, columnist Philip Terzian has an essay entitled "Specter gets the message." Posted at 07:10 by Howard Bashman Have an enjoyable and safe Thanksgiving holiday: Regular posting will occur throughout the day today because we are having Thanksgiving dinner tomorrow relatively close to home, at my brother-in-law's mother-in-law's near Princeton, New Jersey. Posted at 07:00 by Howard Bashman "Future of 9th Circuit Under Review": FOX News provides this report. Posted at 00:00 by Howard Bashman Tuesday, November 23, 2004
"Dickey to stay 2 more years on high court; Huckabee appoints her to serve out the remainder of associate justice's term": The Arkansas Democrat-Gazette contains this article today.
Posted at 23:28 by Howard Bashman
"Battle on Gay Pride Shirts Leads to Suit Against School": This article will appear in Wednesday's edition of The New York Times. Posted at 23:05 by Howard Bashman "Take Our Ninth Circuit Court--Please!" That's the heading of a letter to the editor from Ninth Circuit Judges Diarmuid F. O'Scannlain and Richard C. Tallman published today in The Wall Street Journal. The letter is accessible only to WSJ online subscribers, so I either will need to get a pass-through link or a copy of the letter from one of its authors in order to make it available to this blog's readers. The letter responds to the op-ed entitled "Don't Split the Ninth Circuit!" written by Ninth Circuit Judges Alex Kozinski and Sidney R. Thomas published in The Wall Street Journal on November 10, 2004. Posted at 22:45 by Howard Bashman "Defeating Judicial Filibusters: The 'Conventional Warfare Option.'" The blog "Patterico's Pontifications" offers this post today proposing a potential non-nuclear solution on judicial filibusters. Posted at 18:00 by Howard Bashman "Implied consent law gets scrutiny; Is license revocation without conviction unconstitutional?" This article appears today in The St. Paul Pioneer Press. Posted at 17:55 by Howard Bashman "ACLU tries to overturn amendment in Hawaii; The suit in high court addresses a law that targets sex assault": The Honolulu Star-Bulletin contains this article today. Posted at 17:48 by Howard Bashman His two dads: Back on Sunday, November 14, 2004, The Times-Picayune of New Orleans contained an article headlined "Everyday dads: Dale and Chris Liuzza are typical first-time parents in every respect except one." Posted at 17:42 by Howard Bashman "Runoff today for seat on appeals court": This article appears today in The Atlanta Journal-Constitution. Posted at 17:40 by Howard Bashman "Painting with print: Incorporating concepts of typographic and layout design into the text of legal writing documents." The U.S. Court of Appeals for the Seventh Circuit today posted this document to its web site. And the Seventh Circuit's own typography suggestions, which I praised in my monthly appellate column of February 2002 under the subheading "Make your brief visually appealing," remain available online here. Posted at 17:15 by Howard Bashman "Guantanamo Detainee Asks Supreme Court to Intervene; Hamdan's Lawyers Ask Justices to Rule on Legality of Military Commissions": The Washington Post provides this news update. Thanks to "SCOTUSblog," you can access the cert. petition here and an amicus brief here. Posted at 16:33 by Howard Bashman "Money woes plague legacy of Rosa Parks; Family wary of her caregivers' motives": This article appears today in The Detroit Free Press. Posted at 16:14 by Howard Bashman "Revolting," "vile," and protected by the First Amendment: The Associated Press reports here from Lansing, Michigan that "The state Attorney Discipline Board has dismissed a charge of professional misconduct against Geoffrey Fieger, ruling that his 'revolting' and 'vile' out-of-court remarks about appeals court judges are protected by the First Amendment." This isn't the only bit of good news attorney Geoffrey Fieger has received in recent days. The Cleveland Plain Dealer reported on Saturday that "Judge reinstates $30 million verdict." Update: The ruling of the Attorney Discipline Board of the State of Michigan in this matter can be accessed at this link. Posted at 15:45 by Howard Bashman "Bench Pressed: When the judge's hands are tied." My Legal Affairs magazine colleague Emily Bazelon has this jurisprudence essay online at Slate. Posted at 15:11 by Howard Bashman In re Baby Wipes Trademark Litigation: The U.S. Court of Appeals for the Second Circuit today issued an opinion in a trademark dispute between the maker of "Wet Ones" pre-moistened wipes and the maker of "Quilted Northern Moist-Ones" pre-moistened wipes. Is it surreal for an appellate court to be discussing the dilution of pre-moistened wipes? See for yourself. Posted at 14:45 by Howard Bashman Non-bobblehead-related Justice Sandra Day O'Connor news: Last Thursday, Justice O'Connor traveled to Philadelphia to attend a dinner at The Union League, where she was honored as the League's first female recipient of the "Gold Medal Award" for exceptional public service. At least one "How Appealing" reader was present at the dinner and sends along this report: Justice O'Connor wound up saying absolutely nothing controversial. Ten minutes on the need to encourage the younger generation to devote themselves to public service, particularly in government. Big Union League-type establishment crowd.I thank my reader for this report. Posted at 12:20 by Howard Bashman "Lawyer runs amok in court": This article appears today in The New York Post. And The AP reports that "Lawyer arrested after charging judge's bench." Posted at 12:18 by Howard Bashman "Guantanamo Trials Appealed at High Court": Gina Holland of The Associated Press provides this report. Posted at 11:45 by Howard Bashman eBay auction of Justice Sandra Day O'Connor bobblehead doll to end within two hours from now: The current high bid is $265.00. One week ago today, another Justice O'Connor bobblehead sold on eBay for more than $300.00 (details here). Posted at 11:35 by Howard Bashman "Court Documents Not Fit for Web?" Wired News provides this report. Posted at 11:12 by Howard Bashman Don't confuse us with our colleagues in the Nation immediately to our south: The Toronto Globe and Mail today contains an article headlined "Judges aren't activists, Chief Justice says; Courts are not pursuing own agendas, McLachlin tells law dinner meeting." The article begins, "The Chief Justice of Canada's Supreme Court rejects the notion that judges have become activists who make decisions based on their own political or social agendas." Posted at 10:30 by Howard Bashman "Judge rejects Sell's request for trial": The St. Louis Post-Dispatch today contains an article that begins: Dr. Charles "Tom" Sell begged a federal judge on Monday to put him on trial next week and end his seven years of waiting behind bars.The article goes on to report that Sell claims to have been the victim of abuse in federal prison and that videos may exist to substantiate his assertion. The U.S. Supreme Court's opinion in this case, from June 2003, can be accessed at this link. And my summary of that ruling can be accessed here (second item). Posted at 10:24 by Howard Bashman "Puerto Rico's recount begins; The tedious process to decide the gubernatorial race is under way": This article appears today in The Orlando Sentinel. Posted at 10:22 by Howard Bashman "Hicksville-area teen loses appeal over disqualified hog; No basis for claims, judge rules": In porcine-related appellate news from Ohio, The Toledo Blade today contains an article that begins, "A Hicksville-area teenager lost her appeal yesterday over the disqualification of her grand champion hog at the Defiance County Fair three years ago." Posted at 10:20 by Howard Bashman "Lynn superintendent says he won't stop school desegregation plan": The Daily Item of Lynn, Massachusetts today contains an article that begins, "Although a federal appeals court ruled against the city's desegregation plan, Superintendent of Schools Nicholas Kostan said the plan will not change until all appeals are heard." Posted at 10:15 by Howard Bashman A devilish development: Wednesday's edition of The Mercury of Australia contains an article that begins, "Labor is backing away from its pledge to make Tasmania's next Supreme Court judge a woman, say the Liberals and the Law Society." Posted at 09:52 by Howard Bashman "Capital case is first of sorts; Man scheduled to be executed for murder in which body was never found": This article appears today in The News & Observer of Raleigh, North Carolina. Posted at 09:40 by Howard Bashman Available at National Review Online: This morning, U.S. Senator John Cornyn (R-TX) has an essay entitled "Injudicious Battles: Is there any stopping the judge madness in the Senate?" And David Lewis Schaefer has an essay entitled "Newdow's New Cause: The 'under God' challenger campaigns for parents' rights." Posted at 09:35 by Howard Bashman An email from #19: A reader who works near the Capitol in Washington, DC emails to draw to my attention one more reason why Senior Ninth Circuit Judge James R. Browning deserves to have a federal courthouse named in his honor -- Browning was the thirteenth Clerk of the Supreme Court of the United States, serving from 1958 to 1961. More information about Judge Browning, whose name as I reported here last night will now adorn the Ninth Circuit's San Francisco Courthouse, can be accessed in a Ninth Circuit news release from 2001 entitled "Ceremony Planned to Honor Senior Circuit Judge James R. Browning." Posted at 09:20 by Howard Bashman "Federal Judge: Keystroke Logging Isn't Wiretapping." This discussion thread appeared on Slashdot early this morning. Posted at 07:25 by Howard Bashman "Oakland woman battles for medical pot; Case before U.S. Supreme Court claims Prop. 215 right to smoke": Howard Mintz has this article today in The San Jose Mercury News. Posted at 07:15 by Howard Bashman "Ruling in lawsuit over anti-gay shirt appealed": The North County Times of San Diego County, California offers this article today. Posted at 07:10 by Howard Bashman "The muzzling of Arlen Specter": This editorial appears today in The St. Petersburg Times. And in Newsday, columnist Marie Cocco has an essay entitled "A senator enables a retreat to the past." Posted at 07:00 by Howard Bashman "Angleton plea deal delayed; Both sides await justices' rulings in sentencing cases": This article appears today in The Houston Chronicle. And in somewhat related news, The Associated Press reports that "Texans fill federal judicial posts; Senate confirms judge, panel chief and U.S. attorney." Posted at 06:54 by Howard Bashman Seventh Circuit Judge Richard A. Posner spoke yesterday at Columbia Law School: PG of the "de novo" blog attended the talk and offers this summary. Posted at 06:50 by Howard Bashman "Talking Sense On Court Choices": Columnist E.J. Dionne Jr. has this op-ed today in The Washington Post. Posted at 06:40 by Howard Bashman Monday, November 22, 2004
"Military tribunal case swiftly reaches Supreme Court": Lyle Denniston has this post tonight at "SCOTUSblog."
Posted at 23:25 by Howard Bashman
"Some want relief from Goofy votes": The La Crosse (Wis.) Tribune today contains an article that begins, "Mickey Mouse and Donald Duck repeatedly rank among Wisconsin's favorite write-in candidates, but Brett Favre, Elvis and JFK also pulled in a few votes for a variety of offices on Nov. 2. Even Beavis received a vote for coroner in one county. And God received a vote to fill the seat held by U.S. Rep. Mark Green, R-Green Bay, said Appleton City Clerk Cindi Hesse." Posted at 23:02 by Howard Bashman "Who guarantees what?" Columnist James J. Kilpatrick has an essay that begins, "At its closed-door conference [this] Wednesday, the Supreme Court will decide whether to hear the great gay marriage case from Massachusetts." Posted at 23:00 by Howard Bashman "Nomination could bridge divide": Law Professor Neil S. Siegel today has an op-ed in The South Florida Sun-Sentinel that begins, "A Supreme Court appointment seems likely in the near future." Posted at 22:55 by Howard Bashman In news from Washington State: The Seattle Post-Intelligencer reports today that "Judge allows hand recount in King County; Ballots that can't be scanned will be included." And The Seattle Times reports that "Judge says no to GOP, won't halt recount." Posted at 22:50 by Howard Bashman The James R. Browning United States Courthouse in San Francisco: The following email has just arrived from a law professor: Buried within the massive omnibus appropriations bill that Congress passed on Saturday is a provision naming the U.S. Court of Appeals building in San Francisco after former Chief Judge James R. Browning. The legislation was a last-minute addition, as you can see if you go to this link at the Library of Congress's Thomas web site and visit page 224 (the last page) of the document. But the honor is well deserved. Judge Browning was a great leader of the circuit, and he remains an inspiration to everyone who knows him. It is especially gratifying that the courthouse will get its new name while Judge Browning is working there and will see it.This honor has been in the works for quite some time it appears. Thanks much to this law professor and the other readers who emailed today to draw this information to my attention. Posted at 22:44 by Howard Bashman "Is the workplace kiss always remiss? Presidential smooches open door for discussion about what's OK at office." This article appears today in The Charlotte Observer. Posted at 22:42 by Howard Bashman No more talk about group sex -- Justice Antonin Scalia is now speaking in churches and synagogues: The Associated Press reports from New York City that "Scalia says religion infuses U.S. government and history." Posted at 20:58 by Howard Bashman "Campus mourns law scholar; NYU Law alumna and fellow Kim Barry dies at 35 after Mercer St. accident": This article appears today in Washington Square News. In earlier coverage, on Saturday The New York Daily News reported that "Mystery victim ID'd." The New York Post reported that "NYU Prof is ID'd in Accident." And Newsday reported that "Injured woman identified, still critical." Update: Yesterday, New York University School of Law posted online this "memorandum from Dean Revesz to the NYU School of Law Community" about Kim Barry. Posted at 17:32 by Howard Bashman Twenty hours and counting: A little after 1:30 p.m. eastern time tomorrow, an eBay auction of a Justice Sandra Day O'Connor bobblehead doll will end. As of this moment, the high bid is just $189.00. Posted at 17:25 by Howard Bashman In news from Canada: The Toronto Globe and Mail today contains an article headlined "Recusal not the norm, Cotler says; It's unlikely Abella, a new judge on the Supreme Court, will remove herself from future cases to avoid accusations of bias, minister says." Posted at 16:50 by Howard Bashman "Ninth Circuit Will Take Another Look at RICO Claim Filed by Yagman Against Police Department": On Friday, the Metropolitan News-Enterprise published this article. Posted at 16:45 by Howard Bashman Further proof that Dahlia Lithwick exists: Two months after I began "How Appealing," I had the very good fortune to receive fan mail from Dahlia Lithwick. That caused some other readers to email seeking confirmation that Dahlia really exists, because they had never crossed paths with her despite many attempts to do so. More recently, of course, Dahlia has been pictured online at The New York Times, her microsoft.com email address has been published for all the world to see by American Lawyer Media, her voice has been heard many times on NPR's "Day to Day" program, and she has appeared online at Slate as the Stay Puft Marshmallow Man. Now, thanks to C-SPAN's "America & the Courts," you can see Dahlia (suffering from a bad cold, sorry to say) along with Walter E. Dellinger III, Nina Totenberg, and Stuart Taylor Jr. discussing "What Does the Election Mean for the Supreme Court?" by clicking here (RealPlayer required). Posted at 16:25 by Howard Bashman Available online from The New Republic: In the November 29, 2004 issue of the magazine, Jeffrey Rosen has an essay entitled "How to Judge: A guide to strict constructionists." Rosen's essay concludes: Democrats have to be realistic about a Bush nominee to the Supreme Court rather than be distracted by Roe v. Wade. Their best hope lies in a principled conservative judge as opposed to an activist eager to undermine Congress's power in the name of the Constitution in Exile. By this measure, Alito, Brown, Clement, or Garza may be worth a Senate fight. Luttig, McConnell, Roberts, or Wilkinson, by contrast, could well be distinguished appointments.Also available online at TNR today, Avi Schick has an essay entitled "Bill of Rights: A bill Kerry sponsored suggests how Dems can handle religion." Posted at 16:20 by Howard Bashman In today's issue of The Washington Times: An article reports that "Medicinal pot before high court." And Nat Hentoff has an op-ed entitled "Adhering to rule of law." Posted at 16:12 by Howard Bashman "Scalia addresses suburban lawyers, judges, government leaders": This article appears today in The Daily Herald of suburban Chicago. And as I noted here this morning, The Chicago Tribune today covers the same speech in an article headlined "Faith isn't foolish, Scalia tells group; Justice honored by Catholic lawyers." Posted at 16:00 by Howard Bashman "Court Says Both in Gay Union Are Parents": The Washington Post today contains an article that begins, "A Vermont family court has ruled that both parties in a same-sex civil union are legal parents of a child, a contradiction of an earlier Virginia court ruling that awarded custody to the biological parent." In coverage from Vermont, The Times Argus reported yesterday that "Landmark ruling made in civil union custody battle." And last week, The Chicago Tribune published an article headlined "Ties that unwind: Legal cases and some state laws threaten to undo lesbian couples' adoptions, parental arrangements." Posted at 15:40 by Howard Bashman "Peterson Judge Reschedules Penalty Phase": The Associated Press reports here that "The judge in the Scott Peterson murder trial denied defense motions Monday for a new jury and a new venue for the penalty phase of the case, and rescheduled the process to begin Nov. 30." Posted at 14:22 by Howard Bashman "Mr. Gonzales's Record": This editorial appears today in The Washington Post. Posted at 13:15 by Howard Bashman "Door on early release closes tightly; Even inmates near death often find sentencing law unyielding": This article appears today in The Milwaukee Journal Sentinel, part two in a four-part series entitled "Locked In: The Price Of Truth In Sentencing." That newspaper today also includes a related article headlined "Inmates less motivated, wardens find; With no way to earn time off, desperation is more common, they say." Posted at 10:10 by Howard Bashman "do ads subtract? big ones sure do!" David Giacalone has this post about the law.com blog network. Posted at 09:25 by Howard Bashman "NRA has gun lawsuits in cross hairs": The Denver Post contains this article today. Posted at 09:22 by Howard Bashman "Judge Van Graafeiland, 89, dies; His thorough knowledge of law, talents as a mentor remembered": This obituary of Senior Second Circuit Judge Ellsworth Van Graafeiland appears today in The Rochester Democrat and Chronicle. The Second Circuit's web site offers this biography. Posted at 09:10 by Howard Bashman "What Does Bush Want From The Supreme Court?" Stuart Taylor Jr. has this essay in today's issue of National Journal. Stuart, along with Nina Totenberg, Dahlia Lithwick, and Walter E. Dellinger III, last week participated in a panel discussion on this issue and other related issues. On Saturday, C-SPAN's "America & the Courts" program televised the discussion. Once the video from Saturday's broadcast becomes available online, I will link to it. For now, you can access a clip from the program in both Windows Media and QuickTime formats. Posted at 07:54 by Howard Bashman "A terrorism case that went awry": This lengthy article, about the prosecution of Sami al-Hussayen in Idaho, appears today in The Seattle Times. Posted at 07:02 by Howard Bashman "Law challenges union benefits for gay pairs; Ban on same-sex marriages could hurt five pending contracts for domestic partners": Yesterday's issue of The Detroit News contained this article. Posted at 07:00 by Howard Bashman "Faith isn't foolish, Scalia tells group; Justice honored by Catholic lawyers": This article appears today in The Chicago Tribune. Posted at 06:58 by Howard Bashman "Congress acts to save cross; Mt. Soledad icon is slipped in federal legislation": Yesterday's issue of The San Diego Union-Tribune contained this article. Posted at 06:52 by Howard Bashman "Hatch comes up short on judgeship; BYU counsel Thomas Griffith can't allay Democrats' doubts": This article appears today in The Salt Lake Tribune. And The Detroit Free Press contains an editorial entitled "Some important questions about Thomas Griffith." Meanwhile, from Mississippi, The Associated Press reports that "Starrett confirmed as federal judge." Posted at 06:44 by Howard Bashman "Specter not on Chabot's favorites list": The Cincinnati Enquirer contains this article today. The Salt Lake Tribune contains an editorial entitled "Independent Specter." And in The Chicago Sun-Times, columnist Robert Novak has an essay entitled "Putting a scare into Specter." Posted at 06:40 by Howard Bashman "4th Circuit's Luttig said potential high-court pick": This article appears today in The Richmond Times-Dispatch. Posted at 00:02 by Howard Bashman Sunday, November 21, 2004
"The President's Yes Man": Alan Berlow has this op-ed today in The Washington Post.
Posted at 23:59 by Howard Bashman
"Smells like privacy invasion": This editorial appears today in The St. Petersburg Times. Posted at 23:58 by Howard Bashman "Circumstantial evidence may avert death sentence": The Contra Costa Times today contains this article about the Scott Peterson case. Posted at 23:57 by Howard Bashman "Death penalty losing its grip": This editorial appears today in The Denver Post. And The Associated Press reports that "Tennessee's death penalty at a standstill." Posted at 23:54 by Howard Bashman In today's edition of The Salt Lake Tribune: The newspaper contains an article headlined "Victims of medical mistakes: Utah's malpractice cap is a hardship on the family of 7-year-old Athan Montgomery." And columnist Paul Rolly has an essay entitled "Amendment 3 hurts women who want to flee polygamy." Posted at 23:50 by Howard Bashman "Bill allows refusal of morning-after pill": This article appears today in The San Antonio Express-News. Posted at 23:46 by Howard Bashman "Final battle to rid the US of 'barbaric' cockfighting": The Guardian (UK) contains this article today. Posted at 23:45 by Howard Bashman "Tiny turnout expected for appeals court runoff": The Atlanta Journal-Constitution contains this article today. And The Athens Banner-Herald today reports that "Two runoffs to be decided Tuesday; Third time¹s a charm in appeals court race." Posted at 23:40 by Howard Bashman "Tougher sentencing law carries hefty price; Estimated $1.8 billion through 2025": This article, the first in a four-part series, appears today in The Milwaukee Journal Sentinel. And a related article, also published today, is headlined "Still seeking truth in sentencing; Even with law, victims' families find no guarantee that entire prison term is served in custody." Posted at 22:50 by Howard Bashman "Appellate Courts Inside and Out": Law Professor Maxwell Stearns has a quite interesting book review that you can download via this link at SSRN. The book review is not newly posted there, but I just stumbled across it for the first time and found it to be well worth a look. Posted at 22:20 by Howard Bashman "Giving the Law a Religious Perspective": Adam Liptak will have this article in Monday's issue of The New York Times. Posted at 22:15 by Howard Bashman Not the alleged enemy combatant: Last night, my wife and I finished watching "Bus 174" on DVD. The movie (reviewed here) was directed by José Padilha. Next up, "The Saddest Music in the World" (reviewed here). Posted at 22:00 by Howard Bashman "What's behind decline in death sentences? Americans are using the ultimate punishment less and less; But that doesn't mean it's on the way out." Monday's issue of The Christian Science Monitor will contain this article. Posted at 19:24 by Howard Bashman "Bring on anti-filibuster 'nuke'": Jay Ambrose has this op-ed today in The Journal Gazette of Fort Wayne, Indiana. Posted at 15:20 by Howard Bashman "Patient Keeps Medical Marijuana Fight Alive": The Hartford Courant today contains an article that begins, "Angel McClary Raich smokes marijuana every two hours when she is awake." Posted at 15:18 by Howard Bashman "Abortion Restrictions Were Efforts Long on the Rise; Imposing bans through healthcare providers has been a movement in the making; Now many say a new measure could have far-reaching effects": This article appears today in The Los Angeles Times. Posted at 15:15 by Howard Bashman In today's edition of The Philadelphia Inquirer: Today's newspaper contains articles headlined "Activist fights to stop team from using Redskins name" and "Pa. town puts Darwin on notice." Posted at 15:14 by Howard Bashman In today's issue of The Chicago Tribune: An article reports that "U.S. seeks to bury Oregon suicide law; Act letting doctors help end lives could go to high court." And columnist Steve Chapman has an essay entitled "Activism on guns? Judges resist urge." Posted at 15:10 by Howard Bashman And now for some especially important appellate news: The Bristol (Va.) Herald Courier reports today that "Grayson County Fraser fir to adorn U.S. Supreme Court." Posted at 14:50 by Howard Bashman "Recount Ordered in Puerto Rico Election": The Associated Press reports here that "Puerto Rico's two highest courts ordered election authorities in separate rulings Saturday to immediately begin recounting votes cast in the extremely tight Nov. 2 gubernatorial elections." Posted at 14:45 by Howard Bashman "Falwell's School Joins Others in Teaching Law to Their Flocks; The legal program at the reverend's university represents the latest effort by the religious right to change American society": This article appears today in The Los Angeles Times. Posted at 14:40 by Howard Bashman "Rehnquist's Status Still a Mystery": Hope Yen of The Associated Press provides this report. Posted at 12:50 by Howard Bashman "Get the Wrong Answer, Ask Another Lawyer": The business section of today's issue of The New York Times contains this article. Posted at 12:40 by Howard Bashman "Despite contrasts, Santorum, Specter's political fortunes linked": This article appears today in The Pittsburgh Post-Gazette. The Philadelphia Inquirer reports that "Power prevails for Specter, DeLay; Despite criticism aimed at each man, their colleagues in Congress quickly closed ranks." And The Allentown Morning Call contains an editorial entitled "Sen. Specter all but signs loyalty oath, but confirmation process still is thorny." Posted at 08:44 by Howard Bashman In today's edition of The Maine Sunday Telegram: Bart Jansen has a Viewpoints essay entitled "Senate moderates feeling squeezed." And an editorial is entitled "Overturn sentencing guidelines and create a fairer system." Posted at 08:40 by Howard Bashman "Chief Justice Thomas?" Columnist Robert Novak has this essay today in The Chicago Sun-Times. Posted at 08:38 by Howard Bashman "Supremes to Texas appeals court: You still don't get it." Columnist Cragg Hines has this essay today in The Houston Chronicle. Posted at 08:35 by Howard Bashman "'Roe' under fire but is thought likely to stand": Gail Gibson has this article today in The Baltimore Sun. And today's issue of The Philadelphia Inquirer reports that "Key battles brewing over abortion; Judges, legislation are likely to be flash points in the coming months." Posted at 08:33 by Howard Bashman "On the short list for high court? J. Harvie Wilkinson III is seen as possible pick if openings occur." This article appears today in The Richmond Times-Dispatch. Of course, many have been making the observation that's the subject of this article for quite some time (see, for example, my monthly appellate column from June 2003). Posted at 08:24 by Howard Bashman Saturday, November 20, 2004
Be one of the few to listen to a discussion of the federal Sentencing Guidelines on the radio: A Boston public radio station aired this program (audio accessible in RealPlayer, Windows Media, and QuickTime formats) last night.
The guest on the program were Senior Eighth Circuit Judge Donald P. Lay (author of this recently-published New York Times op-ed); Stephen Henderson, who covers the U.S. Supreme Court for the Knight Ridder Newspapers; and Law Professor Douglas A. Berman, proprietor of the "Sentencing Law and Policy" blog. Posted at 23:40 by Howard Bashman What about the house that Scott and Laci Peterson owned? The Modesto Bee today contains an article headlined "Legalities hold site captive; Scott Peterson still retains stake, but mother-in-law's lawsuit, loan cloud division." Posted at 23:35 by Howard Bashman "Federal ruling limiting public prayers stirs the South": The Associated Press provides this report. And in news from Texas, The Brenham Banner-Press reports today that "10 Commandments monument will be on display here Monday." Posted at 23:35 by Howard Bashman "Lawyers to challenge election in Ohio": The Cleveland Plain Dealer today contains an article that begins, "A trio of activist lawyers armed with mysteriously wrong exit polls and hundreds of voter horror stories announced plans Friday to contest Ohio's presidential election as soon as the vote is official." Posted at 23:30 by Howard Bashman "High court to hear fake cocaine case": The Canton Repository today contains an article that begins, "The Ohio Supreme Court will decide whether selling a fake illegal drug is the same as selling the real thing. The state's top court will examine the issue by hearing the case of a Massillon man convicted of cocaine trafficking in 2003. In June, the 5th District Court of Appeals reversed Kenyan Chandler's conviction and tossed out an 11-year prison sentence. In a 2-1 ruling, the judges said that Chandler couldn't be convicted of trafficking cocaine because the white powder he offered a police informant was really baking soda." Posted at 23:28 by Howard Bashman "GOP: Rules are for others." This editorial published today in The Palm Beach Post discusses, among other things, the issue of judicial filibusters. Posted at 23:25 by Howard Bashman "Informant's Fire Brings Shadowy Tale; Yemeni Man Helped, Squabbled With FBI": Sunday's issue of The Washington Post will contain this lengthy article. Posted at 23:24 by Howard Bashman "High court oversight is vital in death cases": This editorial appears today in The San Antonio Express-News. Posted at 23:22 by Howard Bashman "High court contenders are strong conservatives": This article from the Gannett News Service appears today in The Lancaster (Ohio) Eagle-Gazette. Posted at 23:20 by Howard Bashman "John Ashcroft's Achievements: The fearsome attorney general is leaving, but his legacy, and the resistance, remain." Yesterday evening, The Village Voice posted online this essay by Nat Hentoff. The December 6, 2004 issue of The Nation will contain an essay entitled "Gonzales: Wrong Choice" by Law Professor David Cole. And the November 29, 2004 issue of The Nation contains an editorial entitled "Ashcroft and After." Posted at 23:15 by Howard Bashman "Filibuster Under Fire: Henry Clay Hated It; So Does Bill Frist." This article will appear in the Week in Review section of tomorrow's edition of The New York Times. Posted at 22:46 by Howard Bashman The New York Times is reporting: Sunday's newspaper will contain an article headlined "Broad Influence for Justice Dept. Choice." And in today's newspaper, a profile of White House Counsel nominee Harriet Miers is headlined "Low-Profile Woman, High-Powered Job." Posted at 21:05 by Howard Bashman "Anti-abortion group wants judges' views; Alaska Right to Life sues to let judicial candidates reveal opinions": This article appears today in The Anchorage Daily News. Posted at 17:04 by Howard Bashman "What Bush Really Means About Supreme Court Choices": Yesterday, Bloomberg News posted online this essay by columnist Ann Woolner. Posted at 17:00 by Howard Bashman "Conn. senator pushes journalism shield law; Inspired in part by Jim Taricani's conviction, Sen. Christopher Dodd introduces a bill backing First Amendment rights, although its passage may face long odds": This article appears today in The Providence (R.I.) Journal. Posted at 16:57 by Howard Bashman "Court decides to file opinions more frequently": The Des Moines Register today contains an article that begins, "The Iowa Supreme Court on Friday abandoned an old practice and will now file opinions on a more frequent basis. The court has traditionally announced rulings once a month, usually on a Wednesday in the middle of the month. The result has been that dozens of rulings, from divorces to constitutional cases, are made public at one time. Under the change, opinions will be spread through the month and will appear almost weekly." Posted at 16:55 by Howard Bashman "Tribes lament election of Johnson to high court; They were focused on defeating I-892": This article appears today in The Seattle Post-Intelligencer. Posted at 16:52 by Howard Bashman "Deadbeat dad gets new sentence; Paying support helps reduce his probation": The Cleveland Plain Dealer contains this article today. And The Akron Beacon Journal reports that "Judge lifts procreation ban on man; Prolific father Sean Talty says he's made all support payments since unusual sentence in 2002." Posted at 16:50 by Howard Bashman "Gay group fights for right to adopt; A new coalition of 20 organizations was formed with the goal of lobbying to repeal the state's ban on adoptions by gays": This article appears today in The Miami Herald. The South Florida Sun-Sentinel reports today that "Gay adoption ban under attack." And The Orlando Sentinel reports today that "Couples adopt as gays protest; Activists want to repeal law they call unfair." Posted at 16:30 by Howard Bashman "In first such trial, man guilty of underage-sex tourism; Garden Grove widower set up rendezvous with Filipino girls": The Orange County Register contains this article today. And The Los Angeles Times reports today that "O.C. Man, 86, Guilty in Sex Tourism Case; Widower bound for the Philippines is first in the nation to be convicted under the new federal act; He faces 10 to 180 years in prison." Posted at 14:40 by Howard Bashman "Where Execution Feels Like Relic, Death Looms": This article will appear in Sunday's edition of The New York Times. Posted at 13:10 by Howard Bashman "What's the Use of this Weblog?" Evan Schaeffer has this introspective post today at "Notes from the (Legal) Underground." And Denise Howell at "Bag and Baggage" last night had a post titled "Watching The Blawgs Go By." Posted at 12:44 by Howard Bashman "Specter avoids a Borking -- for now": Columnist George McEvoy has this essay today in The Palm Beach Post. And The Montgomery Advertiser today contains an editorial entitled "Specter's promises reflect obligation." Posted at 12:40 by Howard Bashman "The Dancing Queen of the Ninth Circuit": In a post you can access here, the blog "Underneath Their Robes" nominates Ninth Circuit Judge Consuelo M. Callahan to replace Justice Sandra Day O'Connor on the U.S. Supreme Court. And while I'm on the subject of whimsy, "ScrappleFace" has a post entitled "Daschle Filibuster Blocks His Departure from Senate." Posted at 12:35 by Howard Bashman "Embattled judge to weigh rape sentence": This article appears today in The Lawrence (Kan.) Journal-World. Posted at 12:20 by Howard Bashman "Ensign on board to stop filibusters": From Nevada, The Pahrump Valley Times contained this article yesterday. Posted at 12:15 by Howard Bashman "Bush nominee's work for Enron at issue; Proposed attorney general may recuse self in prosecution": This article appears today in The Houston Chronicle. Posted at 12:10 by Howard Bashman The San Francisco Chronicle is reporting: Today's newspaper contains an article headlined "Geragos faces thorny situation; Insisting on client's innocence may hurt in penalty phase." In other news, "Teen sues over strip search at Juvenile Hall; Class-action filing seeks end to such checks of minors." And Bob Egelko reports that "Extradition-torture case rendered moot; Appeals court frees him when Mexico drops murder charge." Posted at 11:55 by Howard Bashman "Students win pay in prison suit; UC Davis law school clinic members helped Muslim inmates seeking worship rights": This article appears today in The Sacramento Bee. Congratulations to "How Appealing" reader Carter White and his crew on their impressive victory. Posted at 11:45 by Howard Bashman New blog called "Media Law": Congratulations to Robert J. Ambrogi on the launch of his newest blog, which he describes as "A blog about freedom of the press." Bob's original blog, "Robert Ambrogi's LawSites," yesterday celebrated its two-year anniversary. Posted at 11:40 by Howard Bashman Here's a place where the children might be expected to spell that 310-letter word: From Lake Chargoggagoggmanchauggagoggchaubunagungamaugg, Massachusetts, The New York Times today has an article headlined "What's the Name of That Lake? It's Hard to Say." A map showing the location of the town can be viewed at this link, and you can listen to a surprisingly catchy song about the lake by clicking here. Posted at 11:14 by Howard Bashman Friday, November 19, 2004
"Students see how hard court case can be": The Courier & Press of Evansville, Indiana contains this article today.
Posted at 23:10 by Howard Bashman
In Saturday's issue of The New York Times: Tomorrow's newspaper will contain articles headlined "Negotiators Add Abortion Clause to Spending Bill" and "Man, 86, Convicted Under New Law Against Americans Who Go Abroad to Molest Minors." Posted at 23:05 by Howard Bashman "Appeals Courts Flooded with Immigration Cases": This segment (Real Player required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 23:00 by Howard Bashman "James Dobson focuses on the Supreme Court; Now that Election Day is over, the Christian leader is rallying supporters for 'moral' Supreme Court appointees": This article will appear in Saturday's issue of The Baltimore Sun. Posted at 22:58 by Howard Bashman High Court: "SCOTUSblog" has posted online here the federal government's reply brief in the medical marijuana case from the Ninth Circuit. I expect the U.S. Supreme Court to reverse the Ninth Circuit's ruling in the case, and this earlier Ninth Circuit ruling in a child pornography prosecution may help motivate the reversal. Posted at 22:50 by Howard Bashman Only seven judges on the U.S. Court of Appeals for the Fifth Circuit find this case "enbancworthy": The question presented is whether a federal appellate court is required to consider, on a State's interlocutory appeal from the denial of Eleventh Amendment immunity, the State's argument that the federal statute under which it has been sued is unconstitutional. Today's dissent from the denial of rehearing en banc, in which seven judges joined, can be accessed here. The original ruling by a divided three-judge panel can be accessed here. Because the Fifth Circuit currently has a total of sixteen judges in active service, nine votes were needed to take the case en banc. By the way, the Fifth Circuit appears to be the only federal appellate court to use the term "enbancworthy." Posted at 22:42 by Howard Bashman Available online from law.com: Tony Mauro reports on "The World According to the Supreme Court." In other news, "Court Secrecy Practices at Center of Drug Boss's 11th Circuit Appeal; Appeal focuses on 'super-sealed' court documents that hide cases' existence." And if you missed it when it ran last week in The Wall Street Journal, law.com has republished the essay by Ninth Circuit Judges Alex Kozinski and Sidney R. Thomas originally entitled "Don't Split the Ninth Circuit!" Posted at 22:30 by Howard Bashman "Specter Resurrected: Sworn fealty to the president as answer to everything." Slate has just posted online this jurisprudence essay by Dahlia Lithwick. Posted at 18:10 by Howard Bashman "Lawsuit may cut prison terms": This article appears today in The Rocky Mountain News. Posted at 17:52 by Howard Bashman "Justices uphold visitation rights; State Supreme Court backs Peoria County case": The Peoria Journal Star today contains this article reporting on an interesting grandparents' visitation ruling that the Supreme Court of Illinois issued yesterday. Posted at 17:51 by Howard Bashman "Court says no to cities' curfews; The Florida Supreme Court determines that citywide teen curfews in Tampa and Pinellas Park are unconstitutional": This article appears today in The St. Petersburg Times. And The Miami Herald reports that "Justices overturn two youth curfews; The state Supreme Court struck down two curfew laws in Southwest Florida, placing others in doubt." You can access yesterday's 4-3 ruling of the Supreme Court of Florida (note the snazzy new web site) at this link. Posted at 17:45 by Howard Bashman Year and a day: The Boston Globe reports today that "Gay-marriage backers, opponents vow fights." The Providence (R.I.) Journal reports today that "A year later, Mass. stands alone on gay marriages; Just weeks before the first anniversary of the legalization of same-sex unions in the Bay State, 11 states overwhelmingly approved bans on the practice." The Oregonian reports today that "Gay marriage suit shifts to benefits rights; Gay-rights advocates turn to civil unions and legal equality in a case before the state high court." The Deseret Morning News today contains an article headlined "Who should defend Utah ban on gay marriage? Walker says AG's office; Buttars says otherwise." And The Salt Lake Tribune reports today that "Amendment 3 backers form legal advice group; Group wants to fight gay marriage nationally." Posted at 17:40 by Howard Bashman "Ginsburg Judges Moot Court": The Harvard Crimson today contains an article that begins, "One year after a landmark Massachusetts court decision declared that limiting marriage to heterosexual couples is unconstitutional, students at Harvard Law School (HLS) argued the issue before Supreme Court Justice Ruth Bader Ginsburg." Posted at 17:15 by Howard Bashman Oats, Joyce Carol, shan't be fed to the deer, New Jersey appellate court rules: The Newark (N.J.) Star-Ledger reports today that "Judges uphold Princeton's ban on feeding deer." And The Princeton Packet reports that "Judges rule no infringement on property owner rights." According to The Star-Ledger, Princeton resident Joyce Carol Oates was among the plaintiffs who sued alleging that a township ordinance banning the feeding of deer on public and private property "unreasonably deprives [the plaintiffs] of their property right to feed wild deer on their land." Yesterday's ruling of the Superior Court of New Jersey, Appellate Division, can be accessed at this link. Even in the aftermath of the ruling, New Jersey citizens retain their inherent right to have their motor vehicles collide with deer. Posted at 15:40 by Howard Bashman Lawyers, guns, and money: The Chicago Sun-Times reports today that "Gun makers score big win in court." The Chicago Tribune reports that "Daley loses 6-year fight to make gunmakers pay." And The Washington Times reports that "Supreme Court in Illinois frees gun makers of liability." Meanwhile, from Indiana, The Post-Tribune reports that "Gary will continue to press gun suit." Yesterday's ruling of the Supreme Court of Illinois can be accessed at this link. Posted at 15:20 by Howard Bashman "One Wednesday afternoon, several students at Colonial Elementary School reported to their teacher that M.D., a ten-year-old classmate, had brought a gun to school." So begins an opinion that Circuit Judge J. Harvie Wilkinson III issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit. The reports of a gun on school property appear to have been false, and the girl known as M.D. and her mother thereafter brought a civil suit in federal court against various school and law enforcement officials. Today's Fourth Circuit ruling affirms the dismissal of that lawsuit. Posted at 15:05 by Howard Bashman "An ominous cloud behind couple's fight for pet squirrel": In today's issue of The Philadelphia Inquirer, "How Appealing" reader Mitchell Sommers has an op-ed that begins, "There are two stories in the saga of Nutkin the squirrel. The first is sweet, fluffy and cute. The second is more ominous." My earlier mention of this matter can be accessed here. Update: Yesterday in The York Daily Record, columnist Mike Argento had a hilarious essay entitled "A happy ending to a squirrelly tale" that begins, "When we last checked in with Nutkin, she was influencing the race for state Superior Court Justice." Posted at 14:40 by Howard Bashman "Volokh Conspiracy Sells Out": Eugene Volokh writes here that "I'm pleased to report that American Lawyer Media's law.com has invited us to join the Law.com Blog Network, and we accepted." On behalf of the Legal Affairs magazine blog network, let me say that it's nice to see the law.com blog network up and running. But seriously, the law.com blog network already has seven law-related blogs in it, and you can even learn the identity of the mysterious author behind the "Crime & Federalism" blog. Posted at 14:30 by Howard Bashman "Specter 'Just Kidding' About Support for Abortion": The latest from "ScrappleFace" is available here. Posted at 12:50 by Howard Bashman "The Ames Moot Court Competition": The blog "Waddling Thunder" offers this report from Harvard Law School. Justice Ruth Bader Ginsburg presided, and the question presented involved same-sex marriage. Posted at 12:45 by Howard Bashman "Maui pays church to settle land use case": The Honolulu Advertiser contains this article today. And The Maui News reported yesterday that "Pukalani church gets its permit." On Tuesday, The Becket Fund for Religious Liberty issued a press release entitled "Hawaiian Church Wins Decade-Long Battle to Build Sanctuary." Posted at 12:30 by Howard Bashman "Combatant lawyer speaks about habeas corpus": This article appeared yesterday in The Gamecock, the student newspaper of the University of South Carolina. Posted at 12:25 by Howard Bashman Attention Judges Selya and Fernandez: First Circuit Judge Bruce M. Selya and Senior Ninth Circuit Judge Ferdinand F. Fernandez may be interested to hear that The Randolph (N.J.) Reporter on Wednesday contained an article headlined "Boy wins challenge to spell mammoth word." Because the 310-letter word probably would cause nothing but grief to readers of "How Appealing" if I were to set it forth here, you can find the word at the beginning of the article linked in the preceding sentence. Posted at 12:20 by Howard Bashman "McDermott appealing court order to pay $600,000 over cellphone leak": The Seattle Times contains this article today. And The Seattle Post-Intelligencer reports that "McDermott to appeal judge's order to pay $600,000 in cell phone case." Posted at 12:15 by Howard Bashman "Official Allegedly Hinted at Saudi Torture of Va. Man; Lawyer's Affidavit Attributes Remark To U.S. Prosecutor": This article appears today in The Washington Post. Posted at 12:14 by Howard Bashman "GOP Determined to Stop Judicial Filibusters": Robert B. Bluey has this essay today at Human Events Online. Posted at 12:08 by Howard Bashman "Santa Clara County judge receives award": The San Jose Mercury News today contains an article that begins, "Santa Clara County Superior Court Judge Leonard Edwards received the prestigious William H. Rehnquist Award for Judicial Excellence on Thursday, but the ailing chief justice for whom the award is named was unable to attend the ceremony. Supreme Court Justice Anthony Kennedy filled in for Rehnquist at the award dinner in the court's historic marble-columned building." Posted at 12:04 by Howard Bashman "Fire destroys justice's sons' apartment; Sons unharmed; officials probe cause of fire": This article appears in Saturday's issue of The Pacific Daily News of Guam. Posted at 11:24 by Howard Bashman "Law prof to Supreme Court: federal government, butt out of medical marijuana." The B.U. Bridge provides this report. Posted at 11:20 by Howard Bashman "Yale Law School looks to expand; Possible sites include Hall of Graduate Studies": This article appears today in The Yale Daily News. Posted at 11:11 by Howard Bashman "Cruel, but Not That Unusual": The Los Angeles Times today contains an editorial that begins, "A 25-year-old Utah man sold eight-ounce bags of marijuana on three occasions to an undercover officer. This week he was sentenced to 55 years in prison because he had a pistol strapped to his ankle during the deals." Posted at 11:00 by Howard Bashman "Blakely Invalidates State Sentencing Scheme--Court of Appeal; This District's Div. Seven Follows Fourth District in Ruling on Issue Currently Before State High Court": Yesterday's issue of The Metropolitan News-Enterprise contained this article. Tuesday's ruling of the California Court of Appeal for the Second Appellate District, Division Seven, can be accessed at this link. Posted at 10:55 by Howard Bashman "Mail-order bride wins damage award": This article appears today in The Baltimore Sun. Posted at 10:40 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined: Posted at 10:34 by Howard Bashman "Abortion Rights Said To Be at a Crossroads; Mont. Ex-Legislator Takes NARAL Helm": The Washington Post contains this article today. Posted at 08:20 by Howard Bashman "Specter wins panel's backing; The judiciary post is his as GOP members are unanimous in support, ending his 2-week ordeal": This article appears today in The Philadelphia Inquirer, along with an editorial entitled "Arlen Specter: Survival at what cost?" The Pittsburgh Post-Gazette reports that "Specter survives 'toughest' battle of career; Gains backing of fellow Republicans to chair judiciary panel." The Los Angeles Times reports that "GOP Colleagues Rule for Specter; The senator is endorsed for judiciary post despite conservative outrage; He vows not to hinder Bush." The Washington Times reports that "Specter nails enough votes to be judiciary panel chief." And The Atlanta Journal-Constitution reports that "Specter wins panel backing." Meanwhile, in commentary, John Young of The Waco Tribune-Herald yesterday had an op-ed entitled "The Specter of a 'Borking.'" Posted at 08:10 by Howard Bashman Thursday, November 18, 2004
"Judiciary Panel Backs Specter; GOP Senators Elicit Pledge Not to Block Antiabortion Judges": This article will appear Friday in The Washington Post. And Friday's issue of The New York Times will contain an article headlined "Judiciary Panel Backing Specter as Its Chairman."
Posted at 23:20 by Howard Bashman
In news and commentary from Australia: The Australian Associated Press reports that "Judge charged with drink-driving." And in Friday's issue of The Sydney Morning Herald, columnist Richard Ackland has an essay entitled "Frailties of a system more than of a man." Posted at 22:30 by Howard Bashman Recount! The Seattle Post-Intelligencer today contains articles headlined "It's Rossi, by 0.0093%; Trailing by 261 votes, Gregoire won't concede; recount coming" and "Democratic suburbs abandon Gregoire." And The Seattle Times reports that "It's Rossi by 261; recount is next." Posted at 22:20 by Howard Bashman "Specter secures judiciary chairmanship after issuing statement": This article will appear Friday in The Philadelphia Inquirer. And The Los Angeles Times offers a news update headlined "GOP Judiciary Panel Members Back Specter for Chairman." And you can access here a transcript of this afternoon's press conference by Republican members of the Senate Judiciary Committee. Posted at 22:00 by Howard Bashman "Why exciting news distorts reality": Heidi Bond of the blog "Letters of Marque" has one more post about Justice Antonin Scalia's visit to Ann Arbor, Michigan. Posted at 21:55 by Howard Bashman "Hypnotized girl who got hurt can't sue; Crestwood district has immunity in case of a former student who fell off a stage": The Detroit News today contains this article reporting on an unpublished decision that the Michigan Court of Appeals issued on Tuesday. Posted at 21:05 by Howard Bashman "Judiciary Republicans pledge unanimous support for Specter": The Hill provides this news update. Posted at 19:24 by Howard Bashman "ACLU threatens to file lawsuit over abstinence program; Despite settlement, Web site cites God": The Times-Picayune contains this article today. Posted at 17:58 by Howard Bashman "HLS Forum Discusses Religion": This article published today in The Harvard Crimson is more interesting than its headline would suggest. Posted at 17:52 by Howard Bashman "Limbaugh case sent to state's Supreme Court": The South Florida Sun-Sentinel contains this article today. The Palm Beach Post reports that "Appeals court bumps Limbaugh case to state Supreme Court." And The Palm Beach Daily News reports that "Limbaugh case sent to Florida high court; Fourth District Court of Appeal hands up issue in medical records privacy case, denies request for rehearing." Posted at 17:50 by Howard Bashman "Plaques trace lineage of appellate judges": This article appears today in The Knoxville News Sentinel. Posted at 17:48 by Howard Bashman "Bates participants reflect on landmark case": David L. Hudson Jr. has this essay online today at the First Amendment Center. Posted at 17:45 by Howard Bashman Federal court to determine whether WingHouse restaurant is too Hooters-like: The St. Petersburg Times reports today that "Hooters defends wings-and-winks turf; In court, the chain says Largo-based WingHouse is getting a little too close to its business model." Posted at 17:38 by Howard Bashman "Town wasting money in high court appeal, legal experts contend": The Herald of Rock Hill, South Carolina today contains an article that begins, "The town of Great Falls is likely fighting a losing battle in its effort to keep the name of Jesus Christ in its council meeting prayers, several legal experts say." Posted at 17:35 by Howard Bashman Reuters is reporting: Now available online are articles headlined "Specter Effectively Wins Senate Judiciary Chair"; "Court Ends Suits Against Gun Industry in Illinois"; and "Both sides claim upper hand in U.S. tobacco trial." Posted at 17:32 by Howard Bashman "Twenty Questions for the Law Clerk: Scott from L-cubed." The blog "Begging The Question" has today launched the feature "Twenty Questions for the Law Clerk," and you can access the first installment at this link. Some other potential recurring appellate interview segments that remain available are "20 questions for the appellate judge's secretary" and "20 questions for the cleaning crew assigned to the appellate judge's chambers." Anyhow, I'd be curious to know whether anyone can guess on which court today's interviewee is clerking based on the information disclosed in the interview. Posted at 17:20 by Howard Bashman "Specter Wins Support for Chairmanship": Jesse J. Holland of The Associated Press reports here that "Sen. Arlen Specter on Thursday won the support of the Senate Judiciary Committee's Republicans to be their chairman next year, surviving complaints from abortion opponents who lobbied to skip over him in favor of a conservative." You can access the statement that Senator Arlen Specter (R-PA) issued today regarding the Senate Judiciary Committee at this link. Posted at 16:50 by Howard Bashman "The Secrets of Flight: Why Transportation Security Administration guards don't have to tell you what they won't tell you." Slate has just posted online this jurisprudence essay by Steven Aftergood. Posted at 16:33 by Howard Bashman "Mail can be late, court rules, but not FedEx": The St. Louis Post-Dispatch today contains a sad tale of woe that begins: If only a lawyer had used the U.S. Postal Service instead of Federal Express, his client in Perryville, Mo., might have saved $17,310.You can access Tuesday's ruling of the Missouri Court of Appeals, Eastern District, at this link. Posted at 15:40 by Howard Bashman "Judge finds part of books law illegal": The Arkansas Democrat-Gazette today contains this article reporting on a ruling that the U.S. District Court for the Eastern District of Arkansas issued on Tuesday. Posted at 15:33 by Howard Bashman "Rehab Justice": Senior Eighth Circuit Judge Donald P. Lay has this op-ed today in The New York Times. Posted at 14:28 by Howard Bashman U.S. Court of Appeals for the Ninth Circuit grants rehearing en banc in RICO case involving dispute over whether the plaintiff has sufficiently asserted an injury to "business or property": The underlying facts arise from the Los Angeles Police Department's Rampart scandal. Today's order granting rehearing en banc can be accessed here. Back in January 2004, the original three-judge panel issued a unanimous opinion affirming the trial court's dismissal of the RICO claim. In August 2004, the three-judge panel issued an amended opinion reaching the same result that was accompanied by a dissent from Circuit Judge Barry G. Silverman, who in the interim concluded that the trial court's judgment should be reversed. Posted at 13:40 by Howard Bashman "Is it knee-jerk reaction or necessary tool?" The Forum of Fargo, North Dakota today contains an article that begins, "The anti-terrorism Patriot Act is getting a closer, more critical look three years removed from the 9/11 attacks, a federal judge in Fargo said Wednesday." The remarks are attributed to Eighth Circuit Judge Kermit E. Bye, with whom I had the pleasure of visiting during my recent trip to St. Louis. Posted at 13:30 by Howard Bashman The Associated Press is reporting: An article headlined "Ill. Court Dismisses Gunmakers Lawsuit" reports on this decision that the Supreme Court of Illinois issued today. Despite the somewhat ambiguous headline, the ruling is a big victory for gun manufacturers in a lawsuit brought by the City of Chicago. In other news, "Specter May Pledge Quick Judicial Votes." An article reports that "Peterson Seeks New Jury for Penalty Phase." And in news from North Dakota, "Supreme Court rejects proposal for appeals bond limit." Posted at 13:22 by Howard Bashman Coming soon to Yale Law School: On Tuesday in the Ceremonial Courtroom of the U.S. Courthouse in Philadelphia, a portrait of Senior Third Circuit Judge Edward R. Becker that was commissioned by Yale Law School alumni to hang at Yale (in the renovated room that was bombed) was officially presented to the law school. According to a "How Appealing" reader who was present: Four Deans of Yale Law were among the speakers (Pollak and Calabresi, along with H. Koh and his predecessor Tony Kronman). It was frequently claimed by the speakers that ERB's YLS class of '57 holds the record for most Art. III judges (8) in any one graduating class from any school, all the more remarkable because it was a class of 150. (Of course, they do have a boost from classmate A. Specter, who sponsored quite a few of them.) Frankly, I doubt that it's actually a record (Harvard is so much larger, after all.) Interested in running a reader quiz to try to top it? (The YLS '75 class has 5 U.S. Court of Appeals judges presently; I wonder if that's a record? W. Fletcher & R. Clifton on CA9, D. Benton on CA8, R.G. Cole on CA6, S. Alito on CA3.)Congratulations to Judge Becker on this well-deserved honor. Posted at 11:45 by Howard Bashman "Little-known case was landmark for Hispanics; 50 years ago, a Texan's trial helped bring Latinos equal treatment by law": This article appears today in The Houston Chronicle. The U.S. Supreme Court's ruling from 1954 in Hernandez v. Texas can be accessed at this link. Posted at 11:35 by Howard Bashman One year ago today: On November 18, 2003, the Supreme Judicial Court of Massachusetts issued a decision requiring that same-sex couples be allowed to marry. In news coverage of the one-year anniversary of that ruling, The Boston Herald reports that "Court gave gays green light a year ago." The Republican of Springfield, Massachusetts reports that "Future of gay marriage unsettled." And The Boston Globe offers articles headlined "Activists seek wider gay-marriage rights; Sticking to goals despite impact on US election" and "Fewer gay couples seek marriage licenses." Elsewhere, The Seattle Times reports today that "Poll shows most in state back current marriage law." Posted at 10:20 by Howard Bashman "Grandparents' visits at issue after slaying": This article appears today in The Chicago Tribune. Posted at 10:15 by Howard Bashman "Right to lawyer in civil cases sought; Supreme Court asked to decide constitutionality": The Milwaukee Journal Sentinel today contains an article that begins, "Attorneys with Legal Action of Wisconsin asked the state Supreme Court Wednesday to consider whether poor people in civil cases have the constitutional right to an attorney, similar to that of defendants in criminal cases." Posted at 10:00 by Howard Bashman "Put Ashcroft on the bench?" Linda Campbell has this op-ed today in The Fort Worth Star-Telegram. And The Boston Globe today contains an editorial entitled "An answer to Ashcroft." Posted at 09:45 by Howard Bashman "Bush names Texan White House counsel; Miers, longtime aide to president, is ex-chairwoman of the state lottery": This article appears today in The Houston Chronicle. The Los Angeles Times reports that "President Names Close Advisor as White House Counsel; Bush promotes Deputy Chief of Staff Miers and nominates Margaret Spellings as Education secretary; Both worked with him in Texas." And The Fort Worth Star-Telegram reports that "Bush taps 2 longtime confidantes for posts." Posted at 09:35 by Howard Bashman The Fifth Circuit delivered a thorough spanking: The San Antonio Express-News reports today that "Appeals court tosses 10-year fraud term." You can access my earlier coverage of this ruling by Circuit Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 09:25 by Howard Bashman "1st-time dealer gets 55 years; judge assails mandatory term": This article appears today in The Philadelphia Inquirer. Posted at 09:22 by Howard Bashman "Suit contests Kentucky marriage amendment": The Louisville Courier-Journal contains this article today. And The Lexington Herald-Leader reports that "Suit objects to marriage amendment; Plaintiffs: Ballot measure addressed too many topics." Posted at 09:14 by Howard Bashman "Breyer Touts 'Active Liberty'": This article appears today in The Harvard Crimson, accompanied by this photograph. A draft of the text of Justice Stephen G. Breyer's remarks can be accessed via this earlier post. Posted at 08:15 by Howard Bashman "A Federal Appeals Court Says A Religious Group Can Import Illegal Drugs: The Religious Freedom Restoration Act Shows Its True Colors." FindLaw columnist Marci Hamilton has this essay today. Posted at 08:14 by Howard Bashman In today's issue of The Washington Post: An article reports that "Court Panel Skeptical About Penalty Sought Against Tobacco Companies." In other news, "Retrial Date Set For Lentz in Ex-Wife's Death." And an editorial is entitled "Guantanamo Troubles." Posted at 07:04 by Howard Bashman "Supreme Court justice opposes 'living Constitution'": The State News of Michigan State University contains this article today. And columnist Laura Berman of The Detroit News today has an essay entitled "Justice Scalia gives few critics a lesson in art of civility, civics." The blog "Glorfindel of Gondolin" offers this post on Justice Antonin Scalia's appearance yesterday in Ann Arbor, Michigan, and much additional blog coverage of that visit can be accessed via my earlier post here. Posted at 06:50 by Howard Bashman "Specter gains support in talks with full caucus": This article appears today in The Philadelphia Inquirer. The Pittsburgh Post-Gazette reports that "Specter hoping to calm critics." The Washington Times reports that "Specter satisfies caucus concerns." The Associated Press reports that "Specter Struggling to Maintain Image." The Sun-Herald of Biloxi, Mississippi offers an article headlined "Lott: Specter a good choice." And The Des Moines Register reports that "Grassley holds back on Specter." In commentary, The Fort Worth Star-Telegram offers an editorial entitled "Specter under siege." In The Boston Globe, columnist Ellen Goodman has an op-ed entitled "The Specter spectacle." And online at OpinionJournal, Peggy Noonan has an essay entitled "'Ssssshhhhhhhh': Condi Rice! Porter Goss! Arlen Specter! Settle down and take a breath." Posted at 06:40 by Howard Bashman Wednesday, November 17, 2004
"The Loyalist: With devotion to the president and the office, Alberto Gonzales '82 tackles the complications and controversies of the White House counsel's job." This profile appeared in the Spring 2003 issue of the Harvard Law Bulletin.
Posted at 23:30 by Howard Bashman
"Minister fires new shot at judges": Thursday's edition of The New Zealand Herald contains this article. And the New Zealand Press Association reports that "Mallard on his own on Supreme Court comments." Posted at 23:28 by Howard Bashman "Pressure Seen Rising On Judicial Wars; High stakes could force centrist Jewish groups into altering tack on High Court": This article appears in the current issue of The Jewish Week. Posted at 23:24 by Howard Bashman Available online from law.com: An article reports that "9th Circuit Feels Pro Se Pressure; A 39 percent increase in cases has the circuit's officials looking for solutions." And in news from California, "PETA Cries Over Cow-Filled Milk Board Ads; Lawyers for state say it's immune from suit." Posted at 23:22 by Howard Bashman "Breyer: High court can build democracy." The Associated Press provides this report. Today through Friday, Justice Stephen G. Breyer is delivering the Harvard University Tanner Lectures on Human Values 2004-2005. You can access a preliminary draft of Justice Breyer's lectures at this link. Posted at 23:14 by Howard Bashman "Supreme Court hears contract support case": Last Friday's issue of Indian Country Today contained this article. Posted at 23:10 by Howard Bashman "GOP May Go 'Nuclear' On Judges": David Paul Kuhn, CBSNews.com's chief political writer, provides this report. Posted at 23:08 by Howard Bashman Recount! The Associated Press reports from Washington State that "Rossi apparent winner in governor's race; recount next." The current margin of victory -- 261 votes out of 2.8 million ballots cast. Posted at 23:05 by Howard Bashman "A monumental visit": The Longview News-Journal today contains an article that begins, "Spring Hill Independent School District became a part of living history Tuesday morning when the Ten Commandments monument rolled into the high school parking lot on a flat-bed trailer." Posted at 23:02 by Howard Bashman In Thursday's issue of The New York Times: Tomorrow's newspaper will contain articles headlined "Democrats Expect Gonzales to Be Confirmed for Justice Post" and "Appeals Court Hears Issue in U.S. Case on Smoking." Posted at 22:54 by Howard Bashman "Bush Names His Former Personal Attorney to Top Post": The Los Angeles Times provides this news update. Posted at 22:50 by Howard Bashman "Isle nominee gets Senate hearing": The Associated Press reports here that "The U.S. Senate Judiciary Committee held a hearing yesterday on President Bush's nominee to the Hawaii federal court, but no action on the nomination is in sight as Congress works toward adjourning for the year." Posted at 22:44 by Howard Bashman "Kansas anti-abortion groups hope to banish Specter": This article appears today in The Lawrence Journal-World. Posted at 22:40 by Howard Bashman "High court reality check": Tony Mauro will have this op-ed in Thursday's issue of USA Today. And today in The Washington Post, Al Kamen's "In the Loop" column is entitled "If You're Available Jan. 20...." In a post that you can access here, I previously touched on the issue that Kamen considers. Posted at 22:33 by Howard Bashman "Clinton's pardon saved me, but what about the others?" Kemba Smith has this federal sentencing guidelines-related op-ed today in USA Today. Posted at 22:28 by Howard Bashman "55-year sentence for marijuana seller assailed": This article will appear in Thursday's issue of The Philadelphia Inquirer. I previously collected other press coverage of this ruling in a post you can access here. Posted at 22:22 by Howard Bashman Lactose intolerance? The Yale Daily News today contains an article headlined "Yale profs claim no role in milk case; University's involvement in dairy farmer case is not confirmed." The article begins, "Louisiana dairy farmers may believe that Yale professors are helping the U.S. Department of Justice in an antitrust battle against the Dairy Farmers of America cooperative -- but at Yale, professors say they are not involved in the investigation." Posted at 22:11 by Howard Bashman "Miers Picked As White House Counsel": Terence Hunt of The Associated Press reports here that "President Bush on Wednesday named Harriet Miers, a longtime Texas associate, as White House counsel." She and I worked on the same appellate matter in Texas, for the same client, many years ago. Posted at 22:04 by Howard Bashman In Thursday's issue of The Hill: The newspaper will contain articles headlined "Sen. Specter says he'll be team player on torts" and "Frist gains new powers; Majority leader will control half of 'A' panel seats." And columnist Byron York will have an essay entitled "Don't start a new GOP era by hanging Specter." Posted at 20:15 by Howard Bashman "Specter gets Frist's backing in effort to win judiciary chairmanship": Thursday's edition of The Philadelphia Inquirer will contain this article. And David Shuster has an essay online at MSNBC headlined "Is the GOP at war with itself? Republican Sen. Specter has been on the hot seat with conservatives for saying that anti-abortion judges would be unlikely to be confirmed." Posted at 20:10 by Howard Bashman "Specter flap rallies the right; Emboldened by fresh victories, conservatives have used his remark to press a larger agenda": This article will appear in Thursday's issue of The Christian Science Monitor. Posted at 18:05 by Howard Bashman "Specter May Not Bar Anti-Abortion Nominees": Jesse J. Holland of The Associated Press reports here that "After two days of appealing to fellow GOP senators, embattled Arlen Specter of Pennsylvania said he would make a public statement to assure Republicans at large he would not block anti-abortion judicial nominees from President Bush." And Tom Curry, national affairs writer for MSNBC, has a report headlined "What's behind the Specter spectacle: Struggle over Senate Judiciary chairman's job has implications for GOP '08 presidential landscape." Posted at 17:50 by Howard Bashman Nationwide PACER access fee to rise to eight cents per page on January 1, 2005: This notice to the bar is available via the web site of the U.S. Court of Appeals for the Third Circuit. The current PACER access fee is seven cents per page. I bet this extra one cent per page actually adds up to a pretty penny in terms of the overall money that the increase will generate. Posted at 17:30 by Howard Bashman Second Circuit ditches "in" banc and greatly relaxes requirements to become a member of its bar: These local rule amendments became effective yesterday in the U.S. Court of Appeals for the Second Circuit. Posted at 17:24 by Howard Bashman "No checks -- Goal of the right: Ideological judges who will outlaw abortion but give president free rein." This editorial appears today in The Houston Chronicle. And today in The Providence Journal, columnist Philip Terzian has an essay entitled "Here come the judges." Posted at 17:20 by Howard Bashman Auctions of U.S. Supreme Court Justice bobblehead dolls should be unaffected by this news: Reuters is reporting that "EBay Agrees to Limit Racial Slurs on Auction Site." And on the heels of yesterday's auction of a Justice Sandra Day O'Connor bobblehead doll, another SO'C bobblehead has already gone up for auction on eBay. Posted at 16:22 by Howard Bashman "Specter closes in on Judiciary chair; Hatch endorses the Pennsylvania senator for key slot": This article appears in today's edition of The Hill. Posted at 16:20 by Howard Bashman Law students blog about Justice Antonin Scalia's visit to Ann Arbor, Michigan: The blog "Letters of Marque" offers posts entitled "Waiting for Scalia"; "Scalia's talk"; "One more Scalia-related post before I go to bed"; "Okay, let's make it semi-official"; "No good answer yet"; and "Live blogging Scalia." "The Visible Hand" offers this report on Justice Scalia's speech yesterday. And the blog "Glorfindel of Gondolin" offers a report titled "Scalia's originalism." Meanwhile, the blog "Notes from the (Legal) Underground," which is operated by a former law student, has a post today titled "Justice Antonin Scalia To Get Own Reality TV Show." If I've overlooked any other Michigan law student bloggers who are covering Justice Scalia's visit, please let me know. Posted at 16:15 by Howard Bashman Judges who understand the work required of appellate lawyers evaluate an attorneys' fee request for work performed on appeal: Circuit Judge Andrew J. Kleinfeld issued this interesting opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The fee request at issue arises from the appellate litigation that ensued after the Democratic, Republican, and Libertarian Parties sued the Secretary of State of the State of Washington to eliminate Washington's "blanket primary" system. Posted at 16:00 by Howard Bashman Governors' races keep Washington State and Puerto Rico in suspense: The Seattle Post-Intelligencer today contains an article headlined "And our governor is... Anticipated recount could take days." The Seattle Times offers a news update headlined "Governor's race in turmoil"; an article headlined "'Sudden' county ballots were there all along"; and this amazing chart showing how the lead has shifted over time back and forth between the two major-party candidates. And The Los Angeles Times yesterday contained an article headlined "Waiting for a Governor in Washington: Elections officials are still counting the votes in the tight race; The state is hopeful that the results will be final by Wednesday." Meanwhile, from Puerto Rico, The New York Times reports today that "Governor's Race Keeps Puerto Rico in Suspense." Posted at 15:33 by Howard Bashman "Republican Senators Back Specter on Chairmanship": This segment (Real Player required) appeared on today's broadcast of NPR's "Morning Edition." In related commentary, The Arizona Republic today contains an editorial entitled "GOP could raise a Specter: Denying Pa. senator the Judiciary chair would create a bitter atmosphere." Posted at 15:15 by Howard Bashman Say hello to yourself: The AP has issued an article erroneously headlined "Gonzales Meets With Attorney General Pick." Posted at 15:10 by Howard Bashman "Appeals Judges Have Doubt About Tobacco Penalty": Reuters provides this report on an appeal argued today before the U.S. Court of Appeals for the D.C. Circuit. And The Associated Press reports that "Tobacco Wants Federal Decision Thrown Out." Posted at 15:08 by Howard Bashman "Budget Cuts Leave 6 Percent of Federal Court Jobs Vacant": The Administrative Office of the U.S. Courts issued this press release today. In news from earlier in the month, "Number of Authorized District Court Judgeships Dropped in 2004" (plus more details here). Finally, the cost of getting admitted to practice before any and all of the various U.S. Courts of Appeals is about to skyrocket. More specifically, as my friend Michael E. Gans points out here, "Effective January 1, 2005, all of the United States Courts of Appeals will begin collecting a national $150 fee for new bar memberships. This national fee will be in addition to whatever local fee may be required to join the circuit's bar." You can avoid the fee by getting admitted before the end of this year, or you can help the federal judiciary raise needed funds by waiting until next year to get admitted. Posted at 15:00 by Howard Bashman What is Justice Antonin Scalia quoted as having said now? The Detroit News reports today that "Scalia stands firm on his U-M ruling; The Supreme Court justice still dismisses affirmative action policy." The Detroit Free Press reports that "Blunt-speaking Scalia draws protests at U-M." The Ann Arbor News offers an article headlined "Scalia: Let voters rule on individuals' rights; He also says Constitution should be easier to amend." The Michigan Daily offers an article headlined "Original Justice: Scalia defends his legal theory" and a mighty big close-up photo. And The Associated Press reports that "Scalia talks about Constitution at U-M; Justice believes document is not a 'living' record." Posted at 14:44 by Howard Bashman Sometimes you can't avoid the criminal element: I had an oral argument before the Superior Court of Pennsylvania late this morning in a civil case involving claims for breach of contract and slander of title. While awaiting the oral argument in my case, I observed various other oral arguments, including argument in two criminal cases that involved quite unusual facts. One of the two cases was simply sickening: the defendant was appealing from a conviction on animal cruelty charges after having stabbed and killed ten cats because one of the cats allegedly scratched him when he went to pet it. One of the judges on the panel seemed ready herself to impart justice on the defendant had he been present in the courtroom. The other notable criminal case involved a defendant who was convicted of attempted murder after shooting and rendering a quadriplegic a previously healthy teenage boy. Some five years later, the victim died by suffocating in his own vomit, and the shooter was then tried and convicted of murder. The question presented was whether the defendant's murder conviction violated the double jeopardy clause of the U.S. Constitution. The lawyer for the prosecution argued that there was no double jeopardy issue because the defendant's sentence on the murder conviction ran concurrently with the earlier sentence for attempted murder (which the defendant remained in the process of serving), and therefore the defendant received credit for time already served. One of the judges asked whether, had the victim lived to 65 years of age and then died in the same manner, the prosecution would still argue that the defendant was guilty of murder. The prosecutor said no. An even more interesting question would be how if at all the double jeopardy inquiry would be affected by whether the defendant had completed serving his sentence for attempted murder before the victim died. Even in that situation, the defendant could still receive credit for time served on the attempted murder conviction, but would bringing the defendant back to prison to serve the balance of a sentence for murder affect the double jeopardy analysis? No one asked that hypothetical question at oral argument, however. After my clients and I left the courtroom at the end of my oral argument, I stopped to retrieve my raincoat that I had left in the cloak room outside the courtroom. The cloak room is unattended, and for the first time ever in my experience someone else had already decided to depart with my quite old and certainly out-of-style outer garment. I guess that puts me on the market for a new raincoat. Or, in the words of Avril Lavigne, "So much for my happy ending" (video available in Real Player, Windows Media, and QuickTime formats). Posted at 14:11 by Howard Bashman "Specter Supported for Judiciary Committee": Jesse J. Holland of The Associated Press reports here that "Sen. Arlen Specter of Pennsylvania picked up fresh support Wednesday in his bid to become Judiciary Committee chairman as he prepared to make his case to Republican senators worried about whether he'll support President Bush's judicial nominees." Posted at 14:00 by Howard Bashman Programming note: I will be presenting an appellate oral argument this morning in Philadelphia to a three-judge panel of the Superior Court of Pennsylvania. The next update is likely to appear online here sometime early this afternoon. Posted at 06:25 by Howard Bashman "Fed court nominee Griffith defends lapsed law license": This article appears today in The Salt Lake Tribune. The Deseret Morning News reports that "Demos no-show at Griffith hearing." And, as I noted here last night, The Washington Post today contains an article headlined "Court Nominee Gave False Data, Text Shows; Law License Was Suspended Despite Early Denial." Posted at 06:24 by Howard Bashman "Specter wins crucial OK from Hatch": Michael McGough has this article today in The Pittsburgh Post-Gazette. The Philadelphia Inquirer reports that "Key senators back Specter for panel post; He pleaded his case to a meeting of GOP members of the panel he seeks to head." The Los Angeles Times reports that "Tradition-Bound Senators Rally Around Specter; The Pennsylvania Republican, in line to head the Judiciary Committee, holds a 'constructive' meeting with GOP colleagues." The Boston Globe reports that "Specter projected to lead panel; Hatch gives him nod; move likely to enrage conservative groups." USA Today reports that "Specter appears to have gained support in bid to chair Judiciary panel." The Washington Times reports that "Hatch backs Specter for judiciary post." The Salt Lake Tribune reports that "Hatch throws support to Specter." And The St. Petersburg Times reports that "Conservatives build up campaign against Specter; The Pennsylvania senator is in line to become chairman of the Judiciary Committee." Meanwhile, in commentary, The Seattle Times today contains an editorial entitled "Specter: independent and right for Judiciary." Posted at 06:15 by Howard Bashman "Judge assails sentencing laws; He reluctantly imposes a 55-year prison term": This article appears today in The Deseret Morning News. And The Salt Lake Tribune reports that "Sentence 'unjust,' judge says; Even the judge is unhappy as he gives a drug dealer 55 years." You can access yesterday's opinion by U.S. District Judge Paul G. Cassell of the District of Utah at this link. Update: In other coverage, The New York Times today reports that "Judge Questions Long Sentence in Drug Case." Posted at 06:04 by Howard Bashman Tuesday, November 16, 2004
"9th Circuit Gives Boies Firm Reprieve Over Mistake Termed 'Lawyer's Nightmare'": law.com's Jeff Chorney provides this report.
Posted at 23:55 by Howard Bashman
"Ending Judicial Filibusters": The American Center for Law and Justice today posted online this news release, along with this detailed memo discussing the so-called "nuclear option" and this short memo addressing possible rule changes. Relatedly, you can access here the text of the address that Senate Majority Leader Bill Frist (R-TN) delivered last Friday to the Federalist Society Convention. In response, "The Online Beat" hosted at the web site of The Nation offers an essay entitled "Frist's Fury Over Filibusters." The Associated Press reports today that "Nevada's Reid Tapped to Lead Dem. Caucus." And The Pittsburgh Post-Gazette today contains an editorial entitled "Specter's moment: Republicans must beware their own hubris." Posted at 23:40 by Howard Bashman "Court Nominee Gave False Data, Text Shows; Law License Was Suspended Despite Early Denial": Wednesday's edition of The Washington Post will contain an article that begins, "Thomas B. Griffith, President Bush's nominee to the U.S. Court of Appeals for the District of Columbia Circuit, appeared to provide inaccurate information to Utah bar officials about his legal work and lapses in obtaining law licenses over the past year, according to documents released yesterday at his nomination hearing." Posted at 23:33 by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Congress Turns to Post-Election Business" and "Critics Raise Privacy Concerns over DNA Database." And today's broadcast of "Talk of the Nation" contained a segment entitled "Reid Is New Senate Minority Whip; Specter Eyes Post." Posted at 23:28 by Howard Bashman U.S. Court of Appeals for the Tenth Circuit rejects constitutional challenge to federal statute requiring that insanity acquittees who have committed an especially serious offense prove their entitlement to release by a clear and convincing burden of proof: Today's ruling, by a unanimous three-judge panel, can be accessed at this link. The statute in question is 18 U.S.C. §4243. Posted at 23:22 by Howard Bashman "Man Who Burned Himself at White House Is Called Central to Terror Case": Wednesday's edition of The New York Times will contain this article. Posted at 23:14 by Howard Bashman "Specter Seeks, Gets Support; GOP Senators Expected to Approve Chairmanship": This article will appear in Wednesday's edition of The Washington Post. The Philadelphia Inquirer will report on Wednesday that "Hatch among Judiciary members backing Specter for chairman." The McClatchy Newspapers report that "As Congress returns, Specter's in the hot seat." And in Wednesday's issue of The New York Times, the second half of an article headlined "House Republicans Move to Protect Their Leader From Effects of Possible Indictment" reports on this matter. Posted at 23:10 by Howard Bashman "Hatch Predicts Specter Will Chair U.S. Senate Panel": Reuters provides this report. Posted at 21:03 by Howard Bashman "Specter Gets Hatch Support to Chair Panel": The Associated Press provides this report. Posted at 19:14 by Howard Bashman Newsworthy cert. denieds: The Boston Globe reports today that "Supreme Court declines to hear Boston police hiring case." The Denver Post reports that "Court lets Arvadans keep baby, for now; U.S. justices refuse adoption challenge," while The Rocky Mountain News reports that "Ruling aids adoption hopes; U.S. Supreme Court won't hear challenge to Arvada couple." And The Oklahoman reports that "Supreme Court declines cockfighting ban appeal." Posted at 17:20 by Howard Bashman Drunk judge equals expensive justice: The Australian reports in Wednesday's issue that "State to pay costs of Shaw retrials." And Wednesday's edition of The Sydney Morning Herald contains articles headlined "State agrees to pick up tab for compromised hearings" and "Police cleared, so it's Shaw back in the dock." Posted at 17:15 by Howard Bashman In news from Wyoming: The Casper Star-Tribune reports today that "Governor taps Burke for Supreme Court." Posted at 17:14 by Howard Bashman No ruling yet on the crumpets: The Albuquerque Journal today reports that "Court Affirms Church Tea OK." You can access my report on last Friday's en banc ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. Posted at 17:10 by Howard Bashman "Talk About Your Overrated Job: Why would anybody want to be chief justice?" Slate has just posted online this jurisprudence essay by Dahlia Lithwick. And today's broadcast of NPR's "Day to Day" contains an audio segment (Real Player required) entitled "Slate's Jurisprudence: Role of Supreme Court Chief Justice" featuring Dahlia Lithwick. Posted at 16:10 by Howard Bashman "Specter Makes Headway in Bid for Chair--Aides": Reuters provides this report. And The Village Voice yesterday posted online an essay by Sharon Lerner entitled "Grim Specter of Things to Come: The first battle in the new war against Roe." Posted at 15:35 by Howard Bashman "Attorney's Delegation of Calendaring No Bar to Relief From Late Filing, Ninth Circuit En Banc Panel Rules": The Metropolitan News-Enterprise today provides this report on yesterday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit. You can access my coverage of that ruling at this link. You can access the en banc oral argument audiotape, in Windows Media format, by clicking here. Circuit Judge Alex Kozinski has lots of questions at the start of the oral argument. And David Boies argues the appeal on behalf of the appellees. Are the appellate advocates equally talented at oral argument? Listen to the audiotape and decide for yourself. Posted at 15:32 by Howard Bashman "FBI Faulted in Arrest of Ore. Lawyer; Study by Forensic Experts Cites Mistakes in Fingerprint Identification": The Washington Post contains this article today. And The Oregonian reports that "FBI blamed in print error; A new report outlines the events that led the agency to detain a Portland-area Muslim in a Spanish bombing." Posted at 15:30 by Howard Bashman "Transsexual marriage license trial opens in Leavenworth": This article appears today in The Lawrence (Kan.) Journal-World. Posted at 15:28 by Howard Bashman "Town to fight prayer ruling; Great Falls to appeal case involving Wiccan before U.S. Supreme Court": The Herald of Rock Hill, South Carolina today contains an article that begins, "Great Falls will appeal to the U.S. Supreme Court in its fight against a woman who opposes official prayers to Jesus Christ at Town Council meetings." Posted at 14:55 by Howard Bashman "High court urged to overturn Janklow's manslaughter conviction": The Associated Press provides this report from South Dakota. Posted at 14:47 by Howard Bashman "Fired Flight Attendant Finds Blogs Can Backfire": This article appears today in The New York Times. Posted at 14:45 by Howard Bashman "Going Nuclear: Will the GOP change the filibuster rule for judicial nominees?" Andrew C. McCarthy has this essay today at National Review Online. And at Townhall.com, Jack Kemp yesterday had an essay entitled "Force a real filibuster, if necessary." Posted at 14:30 by Howard Bashman "Specter Battles for Judiciary Chairmanship; Senator Works to Overcome Attempt to Deny Him Position": The Washington Post provides this news update. Posted at 14:22 by Howard Bashman "Ten Commandments monument tour visits Bossier City": This article appears today in The Shreveport Times. Posted at 14:19 by Howard Bashman "A Jew defends the cross": Dennis Prager has this essay online today at Townhall.com about the battle over the County Seal of Los Angeles. Posted at 14:15 by Howard Bashman "Specter Draws Anti-Abortion Protesters": Jesse J. Holland of The Associated Press provides this report. Posted at 14:12 by Howard Bashman "2 state court rulings squash right to know": Douglas Lee has this essay online today at the First Amendment Center. Posted at 14:10 by Howard Bashman "A toxic fight over court nomination?" Columnist Robert Landauer has this op-ed today in The Oregonian. Posted at 12:22 by Howard Bashman Sex-for-rent trial begins in federal court in Nebraska: The Omaha World-Herald reports today that "Tape played at sex-for-rent trial." Posted at 12:20 by Howard Bashman "Polanski Asks UK Lords to Let Him to Sue from Afar": Reuters provides this report. Posted at 12:18 by Howard Bashman "Schumer Says He Won't Run for Governor": This article appears today in The New York Times. The New York Daily News reports that "Chuck nixes run at Pataki." The New York Post contains an article headlined "Gov Bid Chucked" and an editorial entitled "Mr. Schumer Stays in Washington." The New York Sun reports that "Schumer Clears Way For Spitzer to Make His Bid For Governor." Newsday contains an article headlined "Schumer to lead NY Dems, skip gov. race." The Buffalo News reports that "Schumer won't run for governor in 2006." And The Rochester Democrat and Chronicle reports "Schumer to stay in Senate; He accepts influential post, won't run for governor in 2006." Posted at 12:14 by Howard Bashman No Democratic Senators are attending the second portion of today's Senate Judiciary Committee hearing on judicial nominees: The hearing has just resumed, and you can view it live at this link. Posted at 11:20 by Howard Bashman "Accidental Age Discrimination?: The Supreme Court Considers the Viability of 'Disparate Impact' Claims." FindLaw columnist Joanna Grossman has this essay online today. Posted at 11:05 by Howard Bashman "Judge Stays Own Ruling in UPS Lawsuit": The Associated Press reports here that "A federal judge on Monday stayed his own ruling that UPS must give hearing impaired workers the same employment opportunities as others to become truck drivers." Posted at 10:58 by Howard Bashman "A Real-Life High Court: Bush should look for justices from beyond the bench." Jim Newton has this op-ed today in The Los Angeles Times. Posted at 10:50 by Howard Bashman "Smith backs Specter for judiciary panel chair; Says 'litmus test' opposition extends to Senate leaders": Bend.com of Bend, Oregon provides this report. And today's broadcast of NPR's "Morning Edition" contained segments entitled "Specter: 'I Am Not for a Litmus Test'" and "Frist on Advancing the Bush Second-Term Agenda." Posted at 10:44 by Howard Bashman Justice Sandra Day O'Connor bobblehead doll bargain? With under one hour to go before the auction ends, the current price on eBay for the item is a mere $217.53. Update: Whew! Within moments after this post appeared, the usual insanity returned to the bidding process. Already the high bid is over $300.00. Posted at 10:40 by Howard Bashman Time change: The Senate Judiciary Committee's hearing for judicial nominees, including D.C. Circuit nominee Thomas B. Griffith, started at 9 a.m. today. President Bush nominated Griffith for the D.C. Circuit after Miguel A. Estrada had his nomination to that court withdrawn. You can view the hearing live online by clicking here (RealPlayer required). Update: The hearing has recessed until 11 a.m. Posted at 09:25 by Howard Bashman "Inside Man: As attorney general, would Gonzales stand up to the White House?" law.com offers this report. Posted at 07:44 by Howard Bashman Justice Antonin Scalia and group sex: If you thought you'd heard the last of it, you were wrong. Today in The Washington Post, The Reliable Source by Richard Leiby has an item headlined "Justice Scalia, At His Best In a Crowd." And at the blog "Southern Appeal," Verity offers this report. Posted at 07:40 by Howard Bashman "Specter Hopes to Save Senate Chairmanship": Jesse J. Holland of The Associated Press provides this report. The Philadelphia Inquirer today reports that "Specter decision could come today; After 2 weeks of limbo on the judiciary post, he and senators will meet." The Arizona Republic reports that "Kyl could end up as Judiciary chairman." The Washington Times reports that "Specter likely to lead Judiciary Committee." And The News & Observer of Raleigh, North Carolina reports that "Burr wades into abortion debate." In related commentary, The Montgomery Advertiser today contains an editorial entitled "Senators owe duty to Constitution." The Baltimore Sun contains an editorial entitled "Tyranny of the minority." The Pittsburgh Tribune-Review contains an editorial entitled "The case against Specter: A critical week." In The Washington Post, columnist E.J. Dionne Jr. has an op-ed entitled "Will the Moderates Speak Up?" In The Los Angeles Times, John R. Lott Jr. and Sonya D. Jones have an op-ed entitled "Breaking the Siege in the Judge War; New rules could end the long fights over nominees." In The Washington Times, Bruce Fein has an op-ed entitled "Judiciary quandary." And Bloomberg News columnist Andrew Ferguson has an essay entitled "GOP Confronts the Specter of Chairman Specter." Posted at 07:33 by Howard Bashman "Whatever Happened to the Lone Ranger? Chief Justice William Rehnquist, once a conservative firebrand, has become the Invisible Man; In the end, one of his most impressive legacies may be his sheer longevity." Newsweek yesterday posted online this essay by Cliff Sloan. Posted at 07:25 by Howard Bashman "High court reverses 2 Texas death cases; Justices say mitigating factors were disregarded": This article appears today in The Houston Chronicle. In The Dallas Morning News, Allen Pusey reports that "Dallas death sentence thrown out." And in The New York Times, Linda Greenhouse reports that "Supreme Court Rebukes Texas Again Over a Death Sentence." Posted at 07:15 by Howard Bashman Monday, November 15, 2004
"Juveniles and the Death Penalty": That's the subject of this week's broadcast of NPR's "Justice Talking." You can listen to the entire program by clicking here (Windows Media Player required).
Posted at 21:08 by Howard Bashman
In news from Boston: "AP Interview: chief justice unfazed by 'activist judges' label." Posted at 21:05 by Howard Bashman In Tuesday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "One justice's vision of role of the courts." And in other news, "Growing introspection in death-penalty capital." Posted at 20:35 by Howard Bashman "'Friends' Makes an Enemy; Bawdy banter in the writers' room offended an employee, whose case pits free speech rights against sexual harassment laws": Maura Dolan had this article, about a case now pending on the merits before the Supreme Court of California, in Saturday's issue of The Los Angeles Times. Posted at 17:40 by Howard Bashman Alienation of affection, in the news: The Chicago Sun-Times contains this article today. Posted at 17:10 by Howard Bashman "Professor Assails Anti-Bias Program; An unlikely critic says his new study shows that affirmative action hurts black law students": This article appears today in The Los Angeles Times. Posted at 17:00 by Howard Bashman "Abuse suit seeks change in state law": The Portland (Me.) Press Herald today contains an article that begins, "A former altar boy who wants to sue the Roman Catholic Bishop of Portland takes his case to Maine's highest court Tuesday, asking the justices to change the way the state balances religious freedom and allegations of child sex abuse." Posted at 16:33 by Howard Bashman "Moderation a better course on federal court nominees": The Journal Times of Racine, Wisconsin contains this editorial today. Posted at 16:30 by Howard Bashman "Judge accused of stealing blood sample": This article will appear in Tuesday's edition of The Sydney Morning Herald, along with an article headlined "A night of bewildering drunkenness, hour by hour." Posted at 16:02 by Howard Bashman The irony: The Associated Press reports that "Sessions undecided on whether Specter should lead judges panel." Why is that ironic? Details here via The Mobile Register. Posted at 15:55 by Howard Bashman "NCAA Wins Right to Limit Tournaments": The Associated Press provides this report. Posted at 15:40 by Howard Bashman "Racicot for the high court?" Yesterday's edition of The Helena Independent Record contained this editorial. While I'm all for replacing one Justice whose last name is particularly difficult to spell with another such Justice, some may find it troubling that when you input racicot as a search term on The Helena Independent Record's home page, the first response asks "Did you mean: racist instead of racicot?" Posted at 15:11 by Howard Bashman "Breyer: Caseload puts premium on international law." This article appeared yesterday in The Washington Times. For two divergent views on this issue, you can see Justice Antonin Scalia speak tomorrow at the University of Michigan and then see Justice Stephen G. Breyer speak on Wednesday through Friday at Harvard University. Posted at 14:50 by Howard Bashman "Justices Who Won't 'Run With the Wolves'": Law Professor Geoffrey R. Stone has this op-ed today in The Los Angeles Times. Posted at 14:48 by Howard Bashman "'Originalism' at issue as Washington girds for court battle; Federalist Society meets in capital, potential high court nominees on display": Tom Curry, national affairs writer for MSNBC, provides this report. Posted at 14:45 by Howard Bashman How much good news can David Boies endure in a single day? First, it was reported that he would be lead counsel for American Express in a lawsuit that is the subject of a press release entitled "American Express Sues Visa and MasterCard, Large Bank Card Issuers for Antitrust Violations; Suit seeks damages for lost business resulting from illegal restrictions of competition in the credit card market." And now, an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit has, by a vote of 8-3, disagreed with a divided three-judge panel's ruling that had reversed a district court's decision that the Boies law firm's failure to file a timely appeal in a case could be excused under the "excusable neglect" doctrine. In other words, a district court had ruled that the Boies law firm's failure to file a timely appeal in a case was excusable; a divided three-judge Ninth Circuit panel had reversed that ruling; and today an eleven-judge en banc panel, by a margin of 8-3, has voted to affirm the district court's ruling, thereby allowing the untimely appeal to be heard on the merits. You can access today's majority opinion here and Circuit Judge Alex Kozinski's dissenting opinion here. Ninth Circuit Judge Andrew J. Kleinfeld deserves much credit for today's ruling, because if not for his dissent from the three-judge panel's ruling, this case would have been an unlikely candidate for rehearing en banc. My coverage of the original three-judge panel's ruling can be accessed here. Posted at 14:10 by Howard Bashman "Are Law Reviews Really Rubbish?" That's the subject of this week's "Debate Club" online at legalaffairs.org. The participants this week are Richard A. Posner and Randy Kozel. Posted at 13:00 by Howard Bashman "Court Throws Out Texas Death Sentence": Gina Holland of The Associated Press provides this report. Posted at 12:48 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "American Express Suing Visa, MasterCard" and "Schumer to Drop Governor's Race." Posted at 11:40 by Howard Bashman "Ouch! You're Hurting Us; How the Court Is Stifling Innovation at the State Level." Douglas T. Kendall had this op-ed yesterday in The Washington Post. Posted at 11:30 by Howard Bashman "Christian soldier, legal battefield: Mathew Staver left behind his celebrity clients and $20,000 copy machines to become one of the country's leading conservative lawyers; Today, his goal is to fight gay marriage." Today's issue of The St. Petersburg Times contains this lengthy article. Posted at 10:28 by Howard Bashman "L.A. group demands cross back on county's seal": This article appears today in The Washington Times. Posted at 10:25 by Howard Bashman "Federalists Decry Democrats' Methods of Blocking Judicial Nominees; At Issue is the Filibuster, Which Republicans Lack the Necessary 60 Seats to Overcome in the Senate": Josh Gerstein has this article today in The New York Sun. Posted at 10:20 by Howard Bashman The U.S. Court of Appeals for the Sixth Circuit reverses decision holding that the NCAA's college basketball "Two in Four Rule" violates Section One of the Sherman Act: You can access today's ruling at this link. An all-female three-judge panel decided this antitrust challenge to a rather obscure practice affecting men's college basketball. You can learn more about the challenged practice in an article headlined "NCAA to fight hoop battle on Cincy court" published last year in Business First of Columbus. Posted at 10:05 by Howard Bashman Today's U.S. Supreme Court Order List: You can access the Order List at this link. At "SCOTUSblog," Lyle Denniston reports here that no grants of review issued, no opinions in argued cases issued (although one per curiam opinion did issue in a death penalty case, with Justices Antonin Scalia and Clarence Thomas dissenting), and Chief Justice William H. Rehnquist was not in attendance. In early coverage from the wire services, Gina Holland of The Associated Press reports that "Court Steers Clear of Cockfighting Case." And Hope Yen of The AP reports that "Court Declines to Step Into Kmart Dispute" and "Supreme Court Declines Adoption Dispute." Posted at 10:00 by Howard Bashman A most enjoyable visit to New York City has concluded: Last night, my family and I returned home from a wonderful weekend in New York City. My son saw his first Broadway show ("The Lion King") and took his first ride on a New York City subway. Sadly, we didn't have time to visit my undergraduate alma mater, but we'll be back before long. I was in New York since last Wednesday, because I was among the presenters at DRI's fifth Appellate Advocacy Seminar. The entire program was a great success, and I personally was overjoyed to meet so many fans of "How Appealing" at a single event. In particular, it was wonderful to get to spend some time chatting with Senior Third Circuit Judge Ruggero J. Aldisert, Maureen E. Mahoney, and David C. Frederick. I also had the pleasure of chatting with one of President Clinton's Sixth Circuit nominees from Michigan whose nomination fell victim to a Republican-led blockade and who thus remains in the private practice of law. Now that blog-related speaking engagements have brought me to the Midwest and up and down the East Coast, perhaps next I will venture out West to California, Alaska, and Hawaii on a Ninth Circuit-inspired tour. Posted at 09:50 by Howard Bashman "Specter trouble in GOP persists; Senate's Frist cites 'disheartening' remark on judges": Michael McGough has this article today in The Pittsburgh Post-Gazette. In The Los Angeles Times, David G. Savage reports that "Frist Talks Tough on Senate Rules; The majority leader vows not to let Democrats block Bush's judicial nominees; He says limiting filibusters may be an option," while a related editorial is entitled "GOP Infighting in the Senate." The Washington Times reports that "Frist withholds Specter support." And CBS News provides a report headlined "GOP Moderate On The Griddle." In related coverage, The Boston Globe reports that "Moderate voices retain sway in bolstered GOP." And The Dallas Morning News offers an article headlined "The elephant in the room: GOP schism; Many moderates say they no longer feel invited to the party." Finally, at National Review Online, Larry Pratt has an essay entitled "Specter's Second Amendment Surprise: Chairman Specter could be as antigun as he wanted to be." Posted at 09:45 by Howard Bashman "As Ashcroft resigns, he's both hero and nemesis in Oregon; John Ashcroft's war on terror tactics and challenges to physician-assisted suicide have proved divisive": This article appears today in The Oregonian. Posted at 09:42 by Howard Bashman "Conditions seem right for a fight on abortion": The Kansas City Star contains this article today. Posted at 09:40 by Howard Bashman "Schumer Warns of Fight Over Justice Thomas": This article appears today in The New York Sun. Posted at 09:30 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined: Posted at 09:22 by Howard Bashman "Something borrowed: Should a charge of plagiarism ruin your life?" Malcolm Gladwell has this article in the November 22, 2004 issue of The New Yorker. Posted at 09:15 by Howard Bashman "The Problem With Alberto Gonzales": Stuart Taylor Jr. has this essay in today's issue of National Journal. Posted at 09:14 by Howard Bashman Access online the agenda for tomorrow's Senate Judiciary Committee hearing for judicial nominees: As recently noted here, here, and here, D.C. Circuit nominee Thomas B. Griffith is scheduled to testify at tomorrow's hearing. Tune in tomorrow for the very latest invocation of the always popular Steve Martin defense, "I forgot!" And if that's not enough fun for one day, tomorrow afternoon the Senate Judiciary Committee's Subcommittee on Terrorism, Technology and Homeland Security will hold a hearing entitled "Towards a Balanced Approach to Enemy Combatants." Posted at 09:10 by Howard Bashman "And the Nominees Are... Here's a short list of who might be on deck for the Supreme Court." Melanie Kirkpatrick has this op-ed today in The Wall Street Journal. Posted at 09:04 by Howard Bashman "What's next for 4th Circuit? President may face decision on renaming of three nominees." The Richmond Times-Dispatch contains this article today. Posted at 09:00 by Howard Bashman Sunday, November 14, 2004
"For Specter, a Showdown Over Judiciary Chairmanship; GOP Senator Battles Conservatives Angered by His Comments": This article will appear in Monday's edition of The Washington Post.
Posted at 23:25 by Howard Bashman
Coming soon to a newsstand near you: The November 22, 2004 issue of Time magazine will contain an article headlined "Bush's Man From Humble: Is Alberto Gonzales, a self-made Hispanic lawman, a kinder, gentler version of John Ashcroft? The Democrats aim to find out" and an item headlined "Who Might Be Nominated? Bush may get to fill as many as three Supreme Court openings, remaking the court for a generation; Democrats have become experts at blocking nominees they oppose, but they can't stop them all." The November 22, 2004 issue of U.S. News & World Report will contain an article headlined "Clubhouse catfight: Specter's struggle with conservatives has ominous overtones--even for the president." And the November 22, 2004 issue of Newsweek will contain articles headlined "Why We Watched: There were no celebrities, no wealth, and not much glamour; So why did the Peterson murder case rivet the country? Behind the guilty verdict--and what lies ahead" and "Gonzales's Views on the Question of Torture." Posted at 22:05 by Howard Bashman "Alum Named Attorney General": This article appeared Friday in The Harvard Crimson. Posted at 22:03 by Howard Bashman "Court camera consultation starts; Arguments about the use of television cameras in English and Welsh courts is to begin on Monday with the publication of a government consultation paper": BBC News provides this report. Posted at |
