How Appealing

Saturday, May 31, 2008

"States Seek Delay in California Marriage Ruling": The New York Times today contains an article that begins, "Concerned about the national ramifications of same-sex marriages in California, attorneys general from 10 states have asked the California Supreme Court to stay its decision legalizing the marriages, which are set to begin on June 17."

And Bob Egelko of The San Francisco Chronicle reports today that "10 state ask delay in same-sex ruling."
Posted at 06:14 PM by Howard Bashman



"Judge critical of Guantanamo war crimes case is dismissed; Army Col. Peter Brownback III had threatened to suspend proceedings unless prosecutors handed over key records to the defense": Carol J. Williams has this article today in The Los Angeles Times.

And The New York Times reports today that "Army Judge Is Replaced for Trial of Detainee."
Posted at 06:05 PM by Howard Bashman



"Court Upholds Key Provision of the Voting Rights Act": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Judges Uphold Voting Rights Act; Challenge to Law Called Key Test Case."

The Austin American-Statesman reports that "Austin MUD loses Voting Rights Act challenge; Group did not want pre-clearance to move a voting location out of a garage."

At "SCOTUSblog," Lyle Denniston has a post titled "Federal court upholds voting rights extension."

And at his "Election Law" blog, Rick Hasen offers these thoughts on yesterday's ruling of a three-judge U.S. District Court for the District of Columbia.
Posted at 05:55 PM by Howard Bashman



"Strong Backing for Ex-Governor's Appeal": The New York Times today contains an article that begins, "Fifty-four former state attorneys general filed a brief Friday supporting the appeal of former Gov. Don Siegelman of Alabama, convicted two years ago on bribery and corruption charges in a prosecution depicted by his supporters as politically motivated."
Posted at 05:30 PM by Howard Bashman


"Vindicating Vioxx": Today's edition of The Wall Street Journal contains an editorial that begins, "Texas and New Jersey may have different political cultures, but appeals courts in both states this week delivered a one-two punch to the liability suits against Merck for its Vioxx painkiller."
Posted at 05:15 PM by Howard Bashman


"US judge in DUI case won't return to bench; Resignation delayed by his second thoughts": The Boston Globe today contains an article that begins, "US Bankruptcy Court Judge Robert Somma, who resigned after his arrest on a drunken driving charge in February and then tried to rescind it, will not be coming back to work, federal court officials said yesterday."

The Boston Herald reports today that "Judge nabbed in sexy dress is off bench."

And The Manchester (N.H.) Union Leader reports that "Drunk driving judge will stay resigned."

You can access at this link yesterday's statement from the U.S. Court of Appeals for the First Circuit.
Posted at 05:02 PM by Howard Bashman



"How Appealing" has completed its move to new web servers: If you attempted to access this blog late last night or this morning, you may instead have found yourselves at the law.com home page. As I recently mentioned, "How Appealing" was moving from one company's web servers to another company's web servers.

The switch-over is now complete. Thanks again to rubystudio, which served as this blog's online host since the now-defunct "Legal Affairs" magazine began hosting this blog. This blog's new online host is pair Networks.

If any aspect of this blog is not functioning normally for you as a result of the switch to new web servers, please let me know via email so that I can (if possible) get the issue resolved.
Posted at 04:30 PM by Howard Bashman



Friday, May 30, 2008

Available online from law.com: Pamela A. MacLean of The National Law Journal has an article headlined "Bid to Sue 4th Circuit's Former Chief Judge Over Fees Falters" reporting on a non-precedential decision that the U.S. Court of Appeals for the Fourth Circuit issued on Wednesday. It is interesting to note that Eighth Circuit Chief Judge James B. Loken sat by designation as the trial judge in the case.

An article headlined "2nd Circuit Holds Magistrates Lack Power to Remand" reports on this ruling issued Wednesday.

And in other news, "Miami Law Firms in Talks With State Supreme Court Justice."
Posted at 11:38 PM by Howard Bashman



"Did Affirmative Action Really Hinder Clarence Thomas? The Supreme Court Justice says racial preference made it impossible for him to find a law firm job; His black classmates tell a different story." Tamara Loomis will have this article in the June 2008 issue of The American Lawyer.
Posted at 11:28 PM by Howard Bashman


Welcome to "How Appealing" located at its new web host: If this page looks somewhat different than normal, the reason is that some of the images normally present on this page are not yet loading normally, and the font in which the posts on this page appear is not the same as before.

Once the internet's Domain Name Service begins to recognize howappealing.law.com as the IP address of 65.181.161.172/blog/, then this page will appear the same as at its former web host.

Update: The issues noted in this post appear to have all been resolved.
Posted at 09:27 PM by Howard Bashman



WSJ.com's "Law Blog" interviews Justice Antonin Scalia about his new book: The interview appears in three parts: here, here, and here.

For the record, the author of "How Appealing" has taken no steps to arrange an interview with Justice Scalia, although I will be in the same room as him one week from today in Farmington, Pennsylvania (of all places).
Posted at 04:17 PM by Howard Bashman



"Logjam: Politicians can't agree who should fill vacancies on the nation's most reliably conservative appellate court' If the logjam lasts past November, the court may take a turn to the left." This article will appear in the June 2008 issue of ABA Journal magazine.
Posted at 04:10 PM by Howard Bashman


Three-judge federal district court rejects argument that the U.S. Congress in 2006 lacked sufficient evidence of racial discrimination to extend Section 5 of the Voting Rights Act of 1965 for another twenty-five years: Circuit Judge David S. Tatel issued today's lengthy decision on behalf of a unanimous three-judge panel of the U.S. District Court for the District of Columbia.

In early news coverage, The Associated Press provides a report headlined "Court: Voting Rights Act provision deemed constitutional."
Posted at 01:22 PM by Howard Bashman



Divided three-judge Ninth Circuit panel grants a new trial to man convicted of soliciting the murders of an Assistant U.S. Attorney, an IRS Special Agent, and a U.S. District Judge: You can access today's ruling at this link. Interestingly, another Ninth Circuit judge served by designation as the trial court judge in the case, making the score 2-2 among Ninth Circuit judges over whether the defendant's new trial motion should have been granted.
Posted at 01:10 PM by Howard Bashman


"Will the Supreme Court Play Ball With Fantasy Baseball Leagues?" FOXNews.com provides this report.
Posted at 01:00 PM by Howard Bashman


"Fieger jury signals verdict could take a while": David Ashenfelter has this article today in The Detroit Free Press.
Posted at 12:55 PM by Howard Bashman


"Court finds Texas A&M administrators can be held liable in bonfire collapse lawsuit": The Waco Tribune-Herald today contains an article that begins, "Twelve former Texas A&M University administrators are not immune from lawsuit claims filed by the families of three students killed and two injured in the November 1999 collapse of the Aggie bonfire, a divided Waco appeals court has ruled."

The Fort Worth Star-Telegram today reports that "Texas A&M officials can't claim immunity in bonfire case, court rules."

And The Associated Press reports that "Appeals court says A&M officials not immune in bonfire suits."

Wednesday's ruling of the Tenth Court of Appeals of Texas consisted of a majority opinion and a dissenting opinion.
Posted at 11:48 AM by Howard Bashman



In news from the Canadian province of Saskatchewan: The Regina Leader-Post reports that "Supreme Court sides with Sask. anti-abortion protester."

And Reuters reports that "Top court won't hear abortion picketer case."
Posted at 11:40 AM by Howard Bashman



"Foes, in court, seek to delay gay marriages": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Los Angeles Times, Maura Dolan reports that "State urges California Supreme Court not to delay same-sex marriages; Delaying enactment of the ruling would improperly mix judicial and political affairs, attorney general argues; Opponents had requested a stay until November, when a measure will appear on state ballot."

And Howard Mintz of The San Jose Mercury News reports that "Supreme Court urged to finalize gay-marriage ruling; Opponents seek delay until Nov."
Posted at 09:28 AM by Howard Bashman



"Courts Reject Two Major Vioxx Verdicts": This article appears today in The New York Times.

Today in The Houston Chronicle, Mary Flood reports that "Court tosses Vioxx award; Houston panel rules plaintiff will get none of the $26 million."

The Newark (N.J.) Star-Ledger reports that "Vioxx awards overturned; Drugmaker wins appeals in Texas and New Jersey."

And Texas Lawyer reports that "Plaintiffs Lawyer Lanier to Appeal Vioxx Reversal."

Yesterday morning, I had this post linking to both rulings.
Posted at 09:25 AM by Howard Bashman



"Verdict mixed in S.F. steroid trial of coach": Lance Williams and Bob Egelko have this article today in The San Francisco Chronicle.
Posted at 09:20 AM by Howard Bashman


"Texas Loses Court Ruling Over Taking of Children": The New York Times contains this article today.

The Washington Post reports today that "High Court in Texas Backs Sect's Parents."

The Los Angeles Times reports that "FLDS ruling upheld by Texas Supreme Court; The state failed to show that the polygamist sect's children were in imminent danger when they were seized, justices agree; Experts say each case will have to be handled individually."

USA Today reports that "Ruling upheld in polygamist case; 126 kids may soon return to sect ranch."

The Houston Chronicle reports that "State officials prepare to reunite sect children with parents."

The Dallas Morning News reports that "Children removed from polygamist ranch could be going home."

The Fort Worth Star-Telegram contains an article headlined "Texas Supreme Court: CPS overstepped its bounds in polygamy sect case."

The San Antonio Express-News reports that "State is set to return children to sect parents."

Texas Lawyer reports that "Texas Supreme Court Nixes Removal of Children From Polygamists' Ranch."

The Salt Lake Tribune reports that "Texas Supreme Court says the state crossed the line by keeping FLDS kids in custody."

And from National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Texas Court Agrees Children Must Be Returned," while today's broadcast of "Morning Edition" contained an audio segment entitled "Court Deems Polygamist Kids' Removal Unlawful." RealPlayer is required to launch these audio segments.
Posted at 09:10 AM by Howard Bashman



"34 Convicted in Display At U.S. Supreme Court; Protesters Had Decried Guantanamo": This article appears today in The Washington Post.
Posted at 08:37 AM by Howard Bashman


"Court To Decide If Spitzer Overreached on Grasso": Today in The New York Sun, Joseph Goldstein has an article that begins, "The state's highest court is gearing up to decide whether Eliot Spitzer overreached four years ago when, as attorney general, he sought to force a former New York Stock Exchange chief, Richard Grasso, to relinquish his $187.5 million pay package."
Posted at 07:58 AM by Howard Bashman


"Future Gay Unions Face Legal Hurdles in California": law.com provides a report that begins, "Same-sex couples excited by the California Supreme Court's two-week-old decision declaring their right to wed are already booking dates to get licenses. But what will happen to those marriages if voters approve a proposed constitutional amendment in November that would restrict marriage to the union of a man and a woman? There is no clear answer, but attorneys on both sides of the issue have staked out their positions and are ready for a fight."
Posted at 07:55 AM by Howard Bashman


"Appeals Court Rules Against Burlington Student": The Hartford Courant today contains an article that begins, "Ruling in a case that addresses broad questions of the boundaries of free speech in the Internet age, a federal appeals court on Thursday effectively ended a Burlington student's effort to serve as a class officer and speak at graduation."

And The Associated Press reports that "NY court finds speech made outside of school can be punished."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 07:48 AM by Howard Bashman



Thursday, May 29, 2008

The Associated Press is reporting: Now available online are articles headlined "Gitmo judge removed from Canadian's case" and "Lawyers want 9/11 trial dismissed."
Posted at 10:52 PM by Howard Bashman


"The state illegally removed more than 400 children from their parents last month after raiding a polygamist sect's West Texas ranch, the Texas Supreme Court said today." So begins this news update from The Houston Chronicle.

And The Associated Press provides a report headlined "Court: Sect children should be returned to parents."

Today's ruling of the Supreme Court of Texas consists of a majority opinion and an opinion concurring in part and dissenting in part. The majority opinion in a second, related case can be accessed here.
Posted at 05:25 PM by Howard Bashman



Second Circuit rules against high school student who claims her First Amendment rights were violated when she was disciplined by the school for posting a vulgar and misleading message about an upcoming school event on an publicly-accessible web log: The U.S. Court of Appeals for the Second Circuit today issued its ruling in the much-anticipated case of Doninger v. Niehoff.

Today's opinion begins, "Plaintiff-Appellant Lauren Doninger appeals from the August 31, 2007 order of the United States District Court for the District of Connecticut (Kravitz, J.) denying her motion for a preliminary injunction. Doninger v. Niehoff, 514 F. Supp. 2d 199 (D. Conn. 2007). Doninger sued Defendants-Appellees Karissa Niehoff and Paula Schwartz, respectively the principal of Lewis Mills High School and the superintendent of the district in which LMHS is located, when her daughter, Avery Doninger, was disqualified from running for Senior Class Secretary after she posted a vulgar and misleading message about the supposed cancellation of an upcoming school event on an independently operated, publicly accessible web log (or 'blog')."

The introductory paragraph continues, "Doninger, alleging principally a violation of her daughter's First Amendment rights, moved for a preliminary injunction voiding the election for Senior Class Secretary and ordering the school either to hold a new election in which Avery would be allowed to participate or to grant Avery the same title, honors, and obligations as the student elected to the position, including the privilege of speaking as a class officer at graduation. The district court denied the motion, concluding that Doninger had failed to show a sufficient likelihood of success on the merits. Because Avery's blog post created a foreseeable risk of substantial disruption at LMHS, we conclude that the district court did not abuse its discretion. We therefore affirm the denial of Doninger's preliminary injunction motion."

The federal district court's decision, which today's Second Circuit ruling affirms, can be accessed at this link. My earlier coverage of this case appears here (covering the Second Circuit's oral argument) and here (covering the trial court's ruling).
Posted at 04:11 PM by Howard Bashman



"Personhood amendment on Nov. ballot": The Denver Post provides a news update that begins, "Colorado voters will be asked to amend the state Constitution this November to define personhood as 'any human being from the moment of fertilization.' Colorado for Equal Rights, the grassroots group seeking a measure to extend constitutional protections to the earliest individuals, fertilized eggs, succeeded in submitting more than enough valid voter signatures, the secretary of state said Thursday morning."

And The Associated Press reports that "Anti-abortion measure OK'd for Colo. ballot."
Posted at 03:45 PM by Howard Bashman



"NJ, Texas courts scrap awards from Vioxx cases": The Associated Press provides this report on state intermediate appellate court rulings that issued today from Texas and New Jersey.

You can access today's ruling of the Fourteenth Court of Appeals of Texas at this link.

And you can access today's lengthy ruling of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 11:35 AM by Howard Bashman



Does Arkansas law prohibit marriage between a man and his adopted daughter's adopted daughter? As characterized by the dissenting judge, today's ruling of the U.S. Court of Appeals for the Sixth Circuit in a case involving convictions for conspiracy to defraud the United States Department of Defense and making material false statements to a federal agent involves a scheme notable for its "ickiness."
Posted at 11:12 AM by Howard Bashman


"For Blind High Court Clerk, the Sky's the Limit": law.com's Tony Mauro has this report. According to the article, in July 2008, Isaac Lidsky will become the first blind person to become a law clerk at the U.S. Supreme Court. According to the article, Lidsky previously clerked for Circuit Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit.

Thanks to YouTube, you can watch Isaac throw out the first pitch at a Florida Marlins game from last year and speak about his charitable organization, Hope For Vision.
Posted at 09:35 AM by Howard Bashman



"High court hearing pits religious vs. equal rights; Lesbian sued doctors who denied her fertility procedure": Greg Moran has this article today in The San Diego Union-Tribune.

Today in The San Francisco Chronicle, Bob Egelko reports that "Court weighs if doctors can not treat lesbian."

In The Los Angeles Times, Maura Dolan reports that "State Supreme Court may give gays a medical victory; Justices appear to be leaning toward forbidding doctors from denying treatment based on their religious views."

law.com reports that "Calif. Justices Appear to Favor Lesbian in Dispute Over Artificial Insemination; Case with unusually high number of amicus briefs involves doctors who claimed religious beliefs kept them from providing intrauterine insemination."

And The Bay Area Reporter has an article headlined "Infertility case goes to high court."
Posted at 09:33 AM by Howard Bashman



"Phila. fire paramedics win right to receive overtime pay": The Philadelphia Inquirer today contains an article that begins, "Philadelphia Fire Department paramedics who went to court to get overtime pay won a significant victory yesterday when a federal appeals court ruled they are entitled to overtime pay if they work more than 40 hours a week. The 2-1 ruling by the U.S. Court of Appeals for the Third Circuit came in a case involving about 300 fire service paramedics who are assigned to 40 different units at firehouses across the city. The appellate judges sent the case back to federal district court for a determination of damages."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 09:20 AM by Howard Bashman



"Justices Show Ability To Move to the Center": Robert Barnes has this news analysis today in The Washington Post.
Posted at 09:12 AM by Howard Bashman


"Day ends without a Fieger verdict; Deliberating jury asks to see exhibits": David Ashenfelter has this article today in The Detroit Free Press.
Posted at 09:05 AM by Howard Bashman


"Paul House will remain in jail until retrial; Prosecution won't seek death penalty": The Tennessean today contains an article that begins, "After 22 years on death row, after all the appeals, after a U.S. Supreme Court decision questioning the evidence and testimony against him, Paul House will remain in jail. A federal judge had considered releasing him from prison Wednesday after House had won some victories in federal court, but now that state prosecutors plan to retry House, U.S. District Judge Harry S. Mattice Jr. has decided he should stay in jail, saying the case is now under state jurisdiction."

And The Knoxville News Sentinel reports today that "House to be retried in Oct.; After state loses appeal, judge sets ruling in motion."
Posted at 09:03 AM by Howard Bashman



"In Defense of Workers": The New York Times today contains an editorial that begins, "The Supreme Court handed down a pair of well-reasoned, fair-minded rulings this week upholding the rights of employees who charge age and race discrimination."

And The Washington Post today contains an editorial entitled "Flawed Victory: The Supreme Court stretches the law to help victims of workplace retaliation."
Posted at 08:52 AM by Howard Bashman



"Watchdogs question lawyer's assistance to Medina's wife; Lawyer whose firm has a case before court aids in securing bail": The Houston Chronicle today contains an article that begins, "A prominent Houston lawyer whose firm is involved in a major asbestos liability case before the Texas Supreme Court helped Justice David Medina's wife obtain bail after she was indicted earlier this month on arson and related charges."

And The Associated Press reports that "Lawyer with case before court helped judge's wife get bail."
Posted at 08:44 AM by Howard Bashman



"Mentally incompetent defendants on rise; Trend tied to limited health care access, lawyers' strategies": This article appears today in USA Today.
Posted at 08:30 AM by Howard Bashman


"Why a Texas Appellate Court Seriously Erred In Concluding that Texas Child Protective Services Should Not Have Rescued All of the Children at the FLDS Compound": Marci Hamilton has this essay online today at FindLaw.
Posted at 08:23 AM by Howard Bashman


Wednesday, May 28, 2008

"George H. Ryan, Illinois ex-governor, is rebuffed by Supreme Court; The justices' refusal to hear an appeal of his corruption conviction means his 6 1/2-year prison sentence stands": David G. Savage has this article today in The Los Angeles Times.

The New York Times reports today that "Ex-Governor, Now in Prison, Sees Case End."

The Chicago Tribune contains an article headlined "Ryan's final appeal: White House; After Supreme Court rejects bid to hear case, only remaining option is commutation."

And The Chicago Sun-Times contains an article headlined "Ryan's hope: Ex-Gov. Thompson to seek presidential commutation for former governor."
Posted at 11:30 PM by Howard Bashman



"State Supreme Court reprimands Ziegler in unprecedented ruling": The Capital Times of Madison, Wisconsin provides a news update that begins, "The Wisconsin Supreme Court reprimanded its newest sitting justice for conflicts of interest during cases she presided over while a circuit judge in Washington County, marking the first time the court issued a decision disciplining one its own."

The Wisconsin State Journal provides a news update headlined "Supreme court's newest member reprimanded over conflicts of interest."

And The Milwaukee Journal Sentinel provides a news update headlined "Supreme Court reprimands Ziegler."

You can access at this link today's ruling of the Supreme Court of Wisconsin.
Posted at 11:04 PM by Howard Bashman



"New York to Back Same-Sex Unions From Elsewhere": This article will appear Thursday in The New York Times.
Posted at 10:48 PM by Howard Bashman


"Fed appeals court nixes party registration, voter ID ruling": The AP provides an article that begins, "The 5th U.S. Circuit Court of Appeals on Wednesday overturned a ruling that would have forced Mississippians to register by political party and to show photo identification at the polls to be able to vote."

You can access today's Fifth Circuit ruling at this link.
Posted at 10:40 PM by Howard Bashman



"Appeals court revives lawsuit against Halliburton": The Associated Press provides a report that begins, "A federal appeals court on Wednesday revived lawsuits against military contractors over a deadly ambush that killed civilian truck drivers in Iraq. The suits filed by truckers and their families accuse Halliburton and a former subsidiary, KBR Inc., of knowingly sending a convoy into a dangerous area where six KBR drivers were killed and several others wounded on April 9, 2004. A federal judge in Houston threw out the lawsuits in September 2006, saying the judiciary can't second-guess the military's battlefield decisions. But the 5th U.S. Circuit Court of Appeals in New Orleans reversed that judge's ruling on Wednesday and sent the three cases back to the lower court for further proceedings."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:33 PM by Howard Bashman



"No verdict in first day of Fieger deliberations": David Ashenfelter of The Detroit Free Press has this news update.
Posted at 10:22 PM by Howard Bashman


"State high court may give gays another victory; Justices are apparently leaning toward forbidding doctors from denying treatment based on their religious views; Such a ruling would follow the justices' decision to grant same-sex marriages": Maura Dolan of The Los Angeles Times has this news update.

Greg Moran of The San Diego Union-Tribune has a news update headlined "High court mulls role of religious beliefs in discrimination claim."

And Howard Mintz of The San Jose Mercury News has an update headlined "Lesbian couple denied infertility treatment take case to California Supreme Court."
Posted at 04:28 PM by Howard Bashman



"Same-sex marriages can start June 17": The San Francisco Chronicle provides a news update that begins, "California counties can begin issuing marriage licenses to same-sex couples on June 17, the state's Office of Vital Records determined today. That is a day later than many county officials had assumed and some same-sex couples had booked time slots for weddings on June 16. The decision to issue licenses starting June 17 allows the state Supreme Court the maximum time to consider any challenge to its ruling before it takes effect, according to a letter sent today to county clerks by the Office of Vital Records."

And The Associated Press provides a report headlined "State: Gay marriage to begin June 17 in California."
Posted at 04:25 PM by Howard Bashman



"This appeal forces us to choose sides in an emergent circuit split regarding the interpretation of the phrase 'responsibility to engage in fire suppression' as used in * * * the Fair Labor Standards Act": A three-judge panel of the U.S. Court of Appeals for the Third Circuit has today divided 2-1 over whether "paramedics employed by the City of Philadelphia Fire Department have 'legal authority and responsibility' for fire suppression activities within the meaning of the Fair Labor Standards Act" so as to make them exempt from being entitled to receive time-and-a-half pay for working overtime.

A Philadelphia-based federal district judge had ruled, in the decision under review, that the paramedics were not entitled to receive overtime pay. Today's majority disagrees, holding that "the plaintiff-appellants in the instant case are not firefighters at all, but are single function paramedics who happen to be employed by a fire department" and thus remain entitled to overtime pay under the FLSA. You can access today's ruling at this link.

Interestingly, today's three-judge panel consists of the Third Circuit's longest-serving active judge (an appointee of President Carter) and two of the Third Circuit's newest judges (both appointees of President George W. Bush). It is the Third Circuit's newest judge who is the author of today's dissent.
Posted at 03:22 PM by Howard Bashman



"Prosecutors: Alleged terrorist shouldn't get news." The Associated Press provides a report that begins, "The staff guarding a suspected terrorist could be in danger if he is allowed to watch television news about the wars in Iraq and Afghanistan, prosecutors said. Ali al-Marri, a legal resident alien from Qatar, is the only enemy combatant held on U.S. soil. He was arrested in 2001 and has been held in solitary detention at a U.S. Navy brig near Charleston for nearly five years."
Posted at 12:45 PM by Howard Bashman


View live today's California Supreme Court oral argument on a doctor's religious objection to lesbian artificial insemination: By clicking here (Windows Media Player required), you can view the oral argument live, online.
Posted at 12:05 PM by Howard Bashman


"Don't believe Fieger, jury told; Defense counters that U.S. is out to get him": Today in The Detroit Free Press, David Ashenfelter has an article that begins, "A federal court jury is expected this morning to start deciding the fate of controversial Southfield criminal lawyer Geoffrey Fieger and law partner Vernon (Ven) Johnson. U.S. District Judge Paul Borman is instruct the jury on the law at 10 a.m. before sending jurors into a room to decide whether the men broke the law when they recruited 64 people to contribute a total of $127,000 to John Edwards' 2004 presidential campaign and reimbursed them with law firm funds. In court Tuesday, prosecutors and defense lawyers spent five hours trying to bring jurors around to their point of view."

And The Associated Press reports that "Judge to give jury instructions in Geoffrey Fieger campaign finance trial in Detroit."
Posted at 11:23 AM by Howard Bashman



"Michigan House bans partial birth abortion; Bill to end partial birth practice now goes to Granholm's desk, where it is likely to be vetoed": This article appears today in The Detroit News.

And The Associated Press reports that "Michigan House votes to ban partial birth abortions."
Posted at 11:18 AM by Howard Bashman



Emily Litella was pleased to learn that thespians were largely unaffected by these physicians' refusal to perform artificial insemination: The North County Times today contains an article headlined "State's high court to hear local case of civil rights clash" that begins, "Can doctors cite religious beliefs in refusing to provide a nonemergency treatment to gays and lesbians? The question, which stems from a North County case that some say pits religious freedoms against protection from discrimination, is at issue Wednesday as California's highest court hears arguments from both sides. Some argue that the case, a clash of civil rights, has landmark potential that could reverberate throughout the state. The hearing comes just two weeks after the same court split 4-3 in favor of legalizing gay marriage. The question before the court is whether a doctor has a constitutional right to cite religious grounds in refusing to perform a medical procedure because of the patient's sexual orientation, or whether state law precludes such discrimination."

And ABC News provides a report headlined "Doctors Deny Lesbian Artificial Insemination; 'You Can't Opt Out of the Law Because of Your Religious Beliefs,' Says Lambda."

The Supreme Court of California is scheduled to hear oral argument in the case today, and the California Channel plans to televise the oral argument and make it available online via this link (Windows Media Player required), beginning at noon eastern time, 9 a.m. pacific time.
Posted at 10:55 AM by Howard Bashman



The Second Circuit hears oral argument on The Associated Press's request to obtain the identities of hundreds of Guantanamo Bay detainees: By clicking here (RealPlayer required), you can view the May 17, 2008 broadcast of C-SPAN's "America and the Courts" program. After the Second Circuit's oral argument concludes, you can watch Tom Goldstein speak for approximately thirty minutes about building an appellate practice.
Posted at 09:30 AM by Howard Bashman


"Supreme Court gives workers protection from retaliation; The justices rule that employees who say they were punished for complaining of bias can sue for damages": David G. Savage has this article today in The Los Angeles Times.

Today in USA Today, Joan Biskupic reports that "High court's rulings on bias protect workers, respect past."

law.com's Tony Mauro reports that "High Court OKs Suits Against Retaliation Over Workplace Claims."

On yesterday evening's broadcast of NPR's "All Things Considered." Nina Totenberg had an audio segment entitled "High Court Holds Steady on Bias Cases" (RealPlayer required).

And yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained this report featuring Marcia Coyle (RealPlayer required) about the rulings.
Posted at 09:22 AM by Howard Bashman



"Please, Is This $1 or $100? A federal appeals court has ruled, properly, that American currency discriminates against the blind because the bills are too hard to tell apart." This editorial appears today in The New York Times.
Posted at 09:07 AM by Howard Bashman


"Judge Gives Terror Victims a Victory Over Iran; Rules in Case Involving Artifacts Held by Chicago Museums": Josh Gerstein has this article today in The New York Sun.
Posted at 08:55 AM by Howard Bashman


"'9/11 hero' takes over prison camp; A Navy officer who entered the burning Pentagon on Sept. 11 to save lives has been named head of the complex that houses terror suspects": Carol Rosenberg has this article today in The Miami Herald.
Posted at 08:44 AM by Howard Bashman


"GE Suffers a Redaction Disaster; General Electric's sensitive information easy to access behind black veil": law.com provides a report that begins, "Lawyers involved in the class action sex discrimination case against Fairfield, Conn.-based General Electric in 2007 would rather you not read passages from various filings. After all, the plaintiffs' firm, Sanford, Wittels & Heisler in Washington, D.C., took the time and effort to black out reams of pages in numerous briefs to make them inaccessible to the public -- or so they thought."
Posted at 08:40 AM by Howard Bashman


"Hearsay, the Sixth Amendment, and Framers' Intent: The U.S. Supreme Court Hears Argument in Giles v. California." Sherry F. Colb has this essay online today at FindLaw.
Posted at 08:35 AM by Howard Bashman


"Justice In A Time Of Terror: Despite Past Failures In Legal War On Terror, It's Not Too Late To Get Things Right." CBS News legal analyst Andrew Cohen has this CourtWatch column.
Posted at 08:30 AM by Howard Bashman


"Tenn. man on death row despite high court ruling": The Associated Press provides a report that begins, "Multiple sclerosis has Paul House in a wheelchair. A tenacious prosecutor has him on death row, deemed too dangerous to be released two years after the U.S. Supreme Court said he likely isn't guilty. That closely watched ruling, which made it easier for inmates to get new hearings on DNA evidence that emerges after their trials, and the fallout from it have left House in limbo while a prosecutor methodically battles every effort from the courts to have him retried."
Posted at 08:27 AM by Howard Bashman


Tuesday, May 27, 2008

"Justices Say Law Bars Retaliation Over Bias Claims": Linda Greenhouse will have this article Wednesday in The New York Times.

And Wednesday in The Washington Post, Robert Barnes and William Branigin will have a front page article headlined "Justices Uphold Retaliation Lawsuits; Federal, Private Workers Have Same Protections."
Posted at 11:04 PM by Howard Bashman



"Philadelphia to challenge boy scouts on gay stance": Reuters provides this report.
Posted at 10:55 PM by Howard Bashman


"U.S. Supreme Court rejects Ryan appeal; Ex-Illinois governor runs out of legal options": The Chicago Tribune provides this news update.
Posted at 10:45 PM by Howard Bashman


"Does the Supreme Court's Current Doctrine of Stare Decisis Require Adherence to the Supreme Court's Current Doctrine of Stare Decisis?" Law Professor Michael Stokes Paulsen has posted this article (abstract with link for download) online at SSRN (via "Legal Theory Blog").
Posted at 10:38 PM by Howard Bashman


"Firm's unlikely client: Bin Laden's ex-driver; Seattle lawyers taking on Bush, Guantanamo." Today's edition of The Seattle Post-Intelligencer contains an article that begins, "With corporate clients such as The Boeing Co. and more than a third of a billion dollars in annual revenue, it might seem odd that lawyers from the Seattle firm of Perkins Coie would find themselves defending a dirt-poor Yemeni tribesman with a fourth-grade education. But the tribesman is Osama bin Laden's former driver. And defending him, the lawyers say, means checking the power of the president of the United States and exposing inhumane conditions at the Guantanamo Bay prison."
Posted at 07:58 PM by Howard Bashman


"Workers can sue firms over retaliation, Supreme Court rules; In two rulings Tuesday, the justcies took an expansive view of civil rights law": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 06:08 PM by Howard Bashman


"Texas appeal says FLDS families are flight risks": The Associated Press provides a report that begins, "Families of children seized from their polygamist sect's ranch could flee Texas if they regain custody, child welfare authorities said Tuesday as they urged the state Supreme Court to block a ruling that found the massive removals to be improper."
Posted at 06:00 PM by Howard Bashman


State of California, don't tax Eugene Volokh's porn! Law Professor Volokh (the elder) explains why a proposed California tax on "the sale of, or the storage, use, or other consumption of, tangible personal property that is adult material" would be unconstitutional in a post that you can access here.
Posted at 05:20 PM by Howard Bashman


"Boy Scouts sue Phila. to stay in headquarters": The Philadelphia Inquirer provides a news update that begins, "The Boy Scouts of America's Philadelphia chapter has sued the City of Philadelphia in federal court to block the city's May 31 deadline for the scouts to open membership to gays and atheists, or vacate their historic 1928 headquarters off Logan Square. The civil rights lawsuit, filed Friday in federal court in Center City, contends that the city's ultimatum violates the scouts' rights under the U.S. and Pennsylvania Constitutions."

And The Associated Press reports that "Boy Scouts sue Philadelphia over rent, policy barring gays."
Posted at 03:34 PM by Howard Bashman



"Supreme Court bolsters anti-bias protections for workers in 2 rulings; In one case, justices back a fired black man's bias claim based on the nation's first civil rights law; In the other, a federal clerk wins an anti-retaliation safeguard enjoyed in the private sector": David G. Savage of The Los Angeles Times has this news update.
Posted at 03:08 PM by Howard Bashman


Access online today's decisions in argued cases and Order List of the U.S. Supreme Court: The Court today issued three decisions in argued cases but did not grant review in any new cases, although the Court did call for the views of the Solicitor General in one case.

1. In Gomez-Perez v. Potter, No. 06-1321, Justice Samuel A. Alito, Jr. delivered the opinion of the Court, in which Justices John Paul Stevens, Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. The Chief Justice issued a dissenting opinion, in which Justices Antonin Scalia and Clarence Thomas joined. Justice Thomas also issued a short separate dissent, in which Justice Scalia joined. Speculation abounds that Justice Alito did not want to squelch the current meme about the Court's no longer deciding cases by 5-4 margins, and also he never really liked those Harry Potter books very much. You can access the decision at this link and the oral argument transcript at this link.

2. In CBOCS West, Inc. v. Humphries, No. 06-1431, Justice Breyer delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Kennedy, Souter, Ginsburg, Breyer, and Alito joined. Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the decision at this link and the oral argument transcript at this link.

3. And in Riley v. Kennedy, No. 07-77, Justice Ginsburg delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Kennedy, Thomas, Breyer, and Alito joined. Justice Stevens issued a dissenting opinion, in which Justice Souter joined. You can access the decision at this link and the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Court protects against retaliation."

The Associated Press provides reports headlined "Court OKs suits on retaliation in race, age cases"; "Supreme Court sides with Ala. governor"; "Court turns down former Illinois governor"; and "Justices turn down T-Mobile appeal over contracts."

Greg Stohr of Bloomberg News reports that "Worker Retaliation Suits Backed by U.S. Supreme Court."

And James Vicini of Reuters reports that "Court rejects appeal by ex-Illinois Gov. Ryan."
Posted at 12:08 PM by Howard Bashman



"Court to hear insemination case; Lesbian's suit spurred by denial of treatment": Today in The San Diego Union-Tribune, Greg Moran has an article that begins, "With its historic same-sex marriage ruling still reverberating across the state, the California Supreme Court this week will take up another case - with landmark potential - involving same-sex civil rights and religious freedom. The issue is whether fertility physicians at North Coast Women's Care in Vista discriminated against a lesbian couple from Oceanside when they cited religious beliefs in refusing to perform artificial insemination."

And The Associated Press reports that "High court to hear lesbian's case; Woman claims doctors denied artificial insemination because of sexual orientation."
Posted at 08:17 AM by Howard Bashman



"Are FLDS sect's beliefs sufficient grounds for taking the kids? Texas Supreme Court is set to weigh in on state's actions toward a polygamous sect." The Christian Science Monitor contains this article today.
Posted at 08:14 AM by Howard Bashman


"Judge's old notes shed light on last execution in R.I." This article appeared Sunday in The Providence Journal.
Posted at 08:05 AM by Howard Bashman


"Three Gavels for Tennessee": Today's edition of The Wall Street Journal contains an editorial that begins, "It was sunny in Tennessee last week, when the state's controversial method of picking judges was allowed to expire amid high-stakes legislative wrangling. The change marks the first time a merit selection plan has been ousted in any state that has adopted it."
Posted at 07:50 AM by Howard Bashman


"Off the bench, judge blogs her mind; Gertner's observations an anomaly in Mass." The Boston Globe today contains an article that begins, "For those who think the typical blogger is a twenty-something tapping on a laptop while wearing pajamas and listening to Death Cab for Cutie through earbuds, a Brookline woman who blogs on legal affairs for Slate magazine is an anomaly. At 62, she finds listening to music with lyrics too distracting when she writes, although she sometimes likes Chopin in the background. She typically composes her blogs in her work attire - a business suit or a dress. And she's a federal judge."

U.S. District Judge Nancy Gertner is among the many contributors to Slate's "Convictions" blog. You can access only her posts (totaling four, thus far) by clicking here.
Posted at 07:45 AM by Howard Bashman



"The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: Why Domestic Partnerships Are Not Enough." Joanna Grossman and Linda McClain have this essay online today at FindLaw.
Posted at 07:35 AM by Howard Bashman


Monday, May 26, 2008

"California gay marriage ruling isn't seen as trend; The state Supreme Court's decision to strike down a ban on such unions is not likely to have a national ripple effect, experts on both sides of the issue say": David G. Savage has this article today in The Los Angeles Times, along with an article headlined "Bans on gay marriages are expected to face legal challenges; Conservative activists say the California ruling exposes a vulnerability in the laws against same-sex unions."

And The San Francisco Chronicle reports today that "Battle looms for plan to ban same-sex nuptials."
Posted at 10:20 PM by Howard Bashman



"With Other Nations Refusing Detainees' Return, 'We Are Stuck' With Guantanamo, Gates Says": This article appears today in The Washington Post.
Posted at 10:05 PM by Howard Bashman


"11th Circuit to Consider Whether Right to Counsel Is Lost When Assets Are Frozen": law.com provides this report.
Posted at 09:57 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "YouTube suit called threat to online communication" and "Lethal injections raise defense attorneys' fears."
Posted at 09:10 PM by Howard Bashman


"The California Supreme Court's Decision Equalizing Marriage for Gay and Straight Couples: Did the Court Overstep?" Edward Lazarus has this essay online at FindLaw.
Posted at 08:54 PM by Howard Bashman


Sunday, May 25, 2008

"Lawsuit against Cappy strikes a political nerve": The Associated Press provides a report that begins, "The Pennsylvania League of Women Voters has clearly struck a nerve with its lawsuit against former state Chief Justice Ralph Cappy. Time will tell if it's more serious than that."

The Citizens' Voice of Wilkes-Barre, Pennsylvania reported yesterday that "League of Women Voters challenges Pa. chief justice's sanctions threat."

The Philadelphia Inquirer today contains an editorial entitled "Slots Lawsuit: The plot sickens."

Today in The Morning Call of Allentown, Pennsylvania, columnist Paul Carpenter has an op-ed entitled "Idea of Cappy being right about lawsuit is gloomy."

And Friday's edition of The Times-Tribune of Scranton, Pennsylvania contained an editorial entitled "Lawsuit sources should go public."
Posted at 11:22 PM by Howard Bashman



"W.Va. court won't hear appeal in Massey case": Yesterday's edition of The Pittsburgh Post-Gazette contained an article that begins, "The parent of Wheeling-Pittsburgh Steel won an important victory yesterday when the West Virginia Supreme Court declined to hear an appeal of the $220 million judgment the struggling steel company won last summer from Massey Energy."

And The Associated Press reports that "W.Va. top court rejects Massey appeal in coal case."
Posted at 11:12 PM by Howard Bashman



"Defending KSM, 'the most hated man in the world'; Navy lawyer Prescott Prince's client is self-described 9/11 mastermind Khalid Shaikh Mohammed": This front page article appears today in The Los Angeles Times.
Posted at 11:07 PM by Howard Bashman


Washington Nationals 7, Milwaukee Brewers 6: My son and I took Amtrak from Philadelphia to Washington, D.C. today to see our first game at the Washington Nationals' new stadium, Nationals Park. It was quite easy and very quick to reach the stadium from Union Station via the Metro.

Nationals Park is a lovely facility in which to view a baseball game. The stadium is located just half a block from the Navy Yard Metro stop. Our seats were in the lower level, so we did not venture up to the higher levels of seating. But the lower level is chock-full of food choices. I had a pulled pork sandwich from Red Hot & Blue, and I agree with The Washington Post that it was delicious. The Gifford's Ice Cream was also quite tasty. And, perhaps in honor of the opposing team, there was plenty of Leinie's on tap.

As for the baseball game, it was quite a battle. First, the Nationals jumped out to a 6-0 lead. Then the Brewers rallied to tie the game in the top of the 6th inning by batting around. Finally, the Nationals won the game in the bottom of the 9th inning on a wild pitch. You can access the box score at this link, while wraps from MLB.com are here and here. Corey Hart's home run landed just three rows away from where we were sitting, and we are even briefly visible (at least to ourselves) in this replay of the homer.

We will get to visit the upper levels of Nationals Park on August 31, 2008, when we will return to watch the Nationals host the Atlanta Braves. Our seats that day are in the infield gallery in the 300 level.
Posted at 10:04 PM by Howard Bashman



Saturday, May 24, 2008

"High court in Crist's hands; Gov. Charlie Crist will get a remarkable chance to overhaul the state Supreme Court, which in recent years has ruled on ballot recounts, private school vouchers and the fate of Terri Schiavo": The Miami Herald today contains an article that begins, "Gov. Charlie Crist, who has been in office for little more than a year, will get a rare opportunity in the next few months to completely reshape the Florida Supreme Court. Four sitting Supreme Court justices will step down between now and March, including two appointed by then-Gov. Jeb Bush. The latest to announce his departure, Justice Kenneth Bell, said Friday he wants to return to Pensacola to spend more time with his family."
Posted at 04:48 PM by Howard Bashman


"Texas appeals polygamist ruling; State Supreme Court to decide whether families will be reunited": Chuck Lindell has this article today in The Austin American-Statesman.

The New York Times reports today that "Texas Tries to Reverse Court Ruling in Sect Case."

The Los Angeles Times reports that "Texas asks state justices to overturn polygamy sect ruling; Authorities acknowledge that if the appellate court decision is not thrown out, the state may have to return more than 400 children; A judge allows 12 children to reunite with their parents."

The Dallas Morning News reports that "Texas asks state Supreme Court to keep polygamist sect's kids in state custody."

And The Fort Worth Star-Telegram reports that "Texas CPS appeals to keep custody of children taken from ranch."
Posted at 04:35 PM by Howard Bashman



"Rendering Justice, With One Eye on Re-Election": As part if his "American Exception" series, Sunday in The New York Times reporter Adam Liptak will have this article about judges as politicians. You can access earlier articles in the series via this link.
Posted at 01:27 PM by Howard Bashman


Friday, May 23, 2008

In today's mail: Today I received a copy of Steve Martini's forthcoming book, "Shadow of Power." The book is scheduled to go on sale next Tuesday.

The publisher's summary of the book's plot is somewhat amusing:

The Supreme Court is one of our most sacred--and secretive--public institutions. But sometimes secrets can lead to cover-ups with very deadly consequences.

Terry Scarborough is a legal scholar and provocateur who craves headline-making celebrity, but with his latest book he may have gone too far. In it he resurrects forgotten language in the U.S. Constitution--and hints at a missing letter of Thomas Jefferson's--that threatens to divide the nation.

Then, during a publicity tour, Scarborough is brutally murdered in a San Diego hotel room, and a young man with dark connections is charged. What looks like an open-and-shut case to most people doesn't to defense attorney Paul Madriani. He believes that there is much more to the case and that the defendant is a pawn caught in the middle, being scapegoated by circumstance.

As the trial spirals toward its conclusion, Madriani and his partner, Harry Hinds, race to find the missing Jefferson letter--and the secrets it holds about slavery and scandal at the time of our nation's founding and the very reason Scarborough was killed. Madriani's chase takes him from the tension-filled courtroom in California to the trail of a high court justice now suddenly in hiding and lays bare the soaring political stakes for a seat on the highest court, in a country divided, and under the shadow of power.

On a barely related note, earlier this week a contestant on the syndicated version of "Who Wants to Be a Millionaire" failed to reach the big money rounds when she answered that John Paul Stevens is the Chief Justice of the United States. And that occurred after she used the fifty-fifty lifeline, which eliminated Samuel A. Alito, Jr. and another of his non-Chief colleagues from the running.
Posted at 12:30 PM by Howard Bashman


Eighth Circuit rejects for lack of standing a constitutional challenge to a South Dakota public school district's refusal to provide busing for students of a private religious school located within the school district's boundaries: You can access today's ruling, in what the court describes as a "Blaine Amendment"-related challenge, at this link.
Posted at 11:50 AM by Howard Bashman


In blog-related and non-blog-related updates: "How Appealing" is on the verge of moving to a new web host. The address to reach this page will remain unchanged, so if all goes smoothly readers will not notice any disruption.

Many thanks go to rubystudio, which has done a fine job hosting "How Appealing" since this blog became affiliated with the now-defunct Legal Affairs magazine. The Pittsburgh, Pennsylvania-based pair Networks will officially become this blog's new web host sometime before the end of this month.

In the unlikely event that this page were to become temporarily inaccessible during the switchover, new posts will temporarily appear at the "How Appealing (Back-up Page)" blog. Readers may wish to make a note of that back-up page's address now, because you'll only need that page's address if this page is inaccessible, and if this page is inaccessible you won't be able to access that page's address from here.

In non-blog-related news, this Sunday my son and I will travel to Washington, D.C. to make our first visit to the brand new National Park, where we will watch the Washington Nationals host the Milwaukee Brewers. In honor of Seventh Circuit Judge Terence T. Evans, we plan to root for the Brewers, and my son may even wear his Prince Fielder T-shirt (while, thanks to another law blogger, I'll probably wear my Columbus Clippers T-shirt). In any event, if any Washington, D.C.-area fans of the blog plan to be at the game, I hope you'll say hello.
Posted at 11:00 AM by Howard Bashman



"Suit puts state Supreme Court under a cloud": This editorial appears today in The Morning Call of Allentown, Pennsylvania.
Posted at 10:44 AM by Howard Bashman


"Rendell will nominate new candidates for Pennsylvania judicial posts": The Associated Press provides a report that begins, "Gov. Ed Rendell says he will not renominate the four candidates who were rejected by the Senate last week to fill temporary openings on the state appellate courts. Instead, he said Thursday he will send the names of new candidates to the Senate as early as next week. He would not say in advance who they are."
Posted at 10:40 AM by Howard Bashman


"Thong-Clad Protesters Stripped of Civil Rights Suit": Shannon P. Duffy has this article online today at law.com.

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 10:34 AM by Howard Bashman



"Religious Group Questions Fla. Judicial Ethics Code; Conservative advocacy group challenges rule requiring judges to recuse if they took position on an issue in campaign": law.com provides a report that begins, "Today, the 11th U.S. Circuit Court of Appeals will hear a case that tests how far states may go in telling judicial candidates how to deal with public interest group questionnaires they receive during campaigns."
Posted at 10:28 AM by Howard Bashman


"Volkswagen Challenges Texas Judge Ruling the Most Patent Suits": Bloomberg News provides this report on a case argued yesterday before the U.S. Court of Appeals for the Fifth Circuit.

And in other coverage, law.com provides a report headlined "Will the 5th Circuit Ground an Eastern District of Texas Rocket Docket? Federal appeals court hears arguments in high-stakes case involving judge's discretion in weighing transfer motion."
Posted at 10:25 AM by Howard Bashman



Thursday, May 22, 2008

"Supreme Court swats down fly-in-the-water case": The Toronto Globe and Mail on Friday will contain an article that begins, "The Supreme Court of Canada has swatted down a $341,775 damages award to a hairdresser from Windsor, Ont., who became depressed and phobic after finding a dead fly in his bottled water. In a 9-0 judgment Thursday, the court said Culligan of Canada Ltd. cannot be found liable for psychological damages suffered by Waddah (Martin) Mustapha because it could not have reasonably foreseen his extreme reaction to finding the fly."

And The Associated Press reports that "Top court overturns dead fly-in-water damage claim."

You can access today's ruling of the Supreme Court of Canada at this link.

Back in March, I had this post about the oral argument of the case.
Posted at 09:12 PM by Howard Bashman



"Police cleared in arresting thong-clad protesters": The Associated Press provides a report that begins, "State police acted reasonably in arresting six nearly naked demonstrators who posed as Abu-Ghraib prisoners during a 2004 campaign stop by President George W. Bush, a federal appeals court said Thursday. The three-judge panel, upholding a lower court decision, said the officers enjoy qualified immunity from the protesters' claims of free-speech and liberty violations."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 08:35 PM by Howard Bashman



"Court commutes death sentence hours before execution": The Atlanta Journal-Constitution provides this news update.
Posted at 07:35 PM by Howard Bashman


"Appeals Court Rules Against Texas in Polygamy Case": The New York Times provides this news update.

The Los Angeles Times provides a news update headlined "Court rules against removal of polygamists' children; Texas had no right to take them from a religious group's compound because it did not prove they were in danger, an appeals court rules."

The Dallas Morning News provides an update headlined "Appeals court: State had no right to seize polygamist sect's children from YFZ Ranch."

And The Fort Worth Star-Telegram provides a news update headlined "Court: Texas had no right to take polygamists' kids."
Posted at 07:25 PM by Howard Bashman



"At Supreme Court, 5-to-4 Rulings Fade -- but Why?" Linda Greenhouse will have this article Friday in The New York Times.
Posted at 06:18 PM by Howard Bashman


"Court: Texas had no right to take polygamists' kids." The Associated Press provides a report that begins, "An appeals court has ruled that Texas had no right to seize hundreds of children from polygamous sect."

Update: The Houston Chronicle provides a news update headlined "Appeals court rules state had no right to seize sect kids."

You can access here and here today's rulings of the Third Court of Appeals of Texas.
Posted at 01:42 PM by Howard Bashman



"Competency of Pa. collar-bomb suspect is debated": The Associated Press provides this report.

And today's edition of The Erie Times-News contains an article headlined "Diehl-Armstrong's mental state: Experts disagree."
Posted at 10:14 AM by Howard Bashman



"No bail for woman on gunpowder charges": The San Diego Union-Tribune today contains an article that begins, "The only person arrested in the investigation of the bombing outside the downtown federal courthouse in San Diego this month was denied bail at a hearing yesterday."
Posted at 10:09 AM by Howard Bashman


"Federal Court Reinstates Suit on Gays in Military": Adam Liptak has this article today in The New York Times.

The Seattle Times reports today that "Court revives 'don't ask, don't tell' suit."

The Seattle Post-Intelligencer reports that "Court to rehear 'don't ask, don't tell'; Appeals judge questions policy after nurse fired."

And law.com reports that "9th Circuit Deals Blow to Military's 'Don't Ask, Don't Tell' Policy."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:37 AM by Howard Bashman



"Court backs gay marriage ban; Gay-rights supporters argued that the initiative was too sweeping to be on the ballot": Today in The Oregonian, Ashbel S. Green has an article that begins, "The Oregon Court of Appeals on Wednesday upheld the ban on gay marriage that state voters approved by a wide margin in 2004."

You can access yesterday's ruling of the Court of Appeals of Oregon at this link.
Posted at 08:33 AM by Howard Bashman



"Safeguarding Children: The Supreme Court upholds a carefully crafted law targeting child pornographers." The Washington Post contains this editorial today.
Posted at 08:22 AM by Howard Bashman


"Interrogation Tactics Were Challenged at White House": This article appears today in The Washington Post.
Posted at 08:20 AM by Howard Bashman


"Zelma Henderson, Who Aided Desegregation, Dies at 88": The New York Times today contains an obituary that begins, "Zelma Henderson, a Kansas beautician who was the sole surviving plaintiff in Brown v. Board of Education of Topeka, the landmark federal desegregation case of 1954, died on Tuesday in Topeka. She was 88 and had lived in Topeka all her adult life."
Posted at 08:07 AM by Howard Bashman


"The Blind Welcome a Ruling That May Help Them Count Their Cash": This article appears today in The New York Times.
Posted at 08:04 AM by Howard Bashman


"The California Supreme Court's Gay Marriage Opinion: The People of California Have the Power to Undo It By a Ballot Initiative Amending the State Constitution, But How Far Should That Power Extend?" Vikram David Amar has this essay online today at FindLaw.
Posted at 07:54 AM by Howard Bashman


"Lawsuit alleges backroom dealings by Pa's former top judge": This article appears today in The Philadelphia Inquirer.

And today's edition of The Patriot-News of Harrisburg, Pennsylvania contains an editorial entitled "Chief justice shouldn't suggest retaliation for suit."

My earlier coverage appears here and here.
Posted at 07:45 AM by Howard Bashman



Wednesday, May 21, 2008

"Court rules U.S. paper money discriminates against blind people; The look and feel of America's currency may have to change after a ruling that the blind and visually impaired don't have reliable access to use of paper bills": David G. Savage has this article today in The Los Angeles Times.

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 11:02 PM by Howard Bashman



"Va. Abortion Law Overturned Again; Late-Term Ban Ruled Stricter Than U.S. Curb": Robert Barnes has this front page article today in The Washington Post.

And The Richmond Times-Dispatch reports today that "4th Circuit panel again strikes down Virginia's late-term-abortion ban."

You can access yesterday's Fourth Circuit ruling appears at this link.
Posted at 10:55 PM by Howard Bashman



"Air Force major wins one round against 'don't ask, don't tell'": The Seattle Post-Intelligencer provides this news update.

And The Associated Press reports that "Court reinstates nurse's suit over 'don't ask, don't tell.'"

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 05:14 PM by Howard Bashman



"Voters can't bar waste from Hanford, court says": The Seattle Post-Intelligencer provides a news update that begins, "Washington citizens had no right to bar the federal government from dumping additional waste at the Hanford nuclear reservation, a federal appeals court decided Wednesday. The Ninth U.S. Circuit Court of Appeals shot down I-297, a 2004 voter-passed initiative, saying it is in conflict with the Atomic Energy Act of 1954."

And The Associated Press provides a report headlined "Appeals court: Hanford initiative no good."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:10 PM by Howard Bashman



"Which States Have the Best (and Worst) High Courts?" Stephen J. Choi, Mitu Gulati, and Eric A. Posner have posted this article (abstract with links for download) online at SSRN (via "Legal Theory Blog").
Posted at 03:12 PM by Howard Bashman


"Is John Yoo a Monster? The president asked John Yoo to define torture. He did it. Are Yoo's 'torture memos' one of the most heinous mistakes in American history -- or could he have been right?" John H. Richardson has this article (single-page version available at this link) in the June 2008 issue of Esquire magazine. (Via "InstaPundit.")

As an online extra, the magazine has posted the text of Yoo's answers to his interviewer's questions at this link (access the lengthy single-page version of the answers here).
Posted at 02:54 PM by Howard Bashman



"Snipes seeks bond as he appeals tax convictions": The Associated Press provides this report.
Posted at 02:47 PM by Howard Bashman


Three-judge Ninth Circuit panel revives constitutional challenge to military's "Don't Ask, Don't Tell" policy: The lawsuit in question was filed by a woman who was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman. Today's ruling reinstates the plaintiff's substantive and procedural due process challenges to the policy but affirms the dismissal of the plaintiff's equal protection challenge.

Today's majority opinion, written by Circuit Judge Ronald M. Gould and joined in by Circuit Judge Susan P. Graber, concludes:

The issues posed by this case might generate great concern both from those who welcome Major Witt's continued participation in the Air Force and from those who may oppose it. Those issues must be, and have been, addressed in the first instance by leaders of the military community and by those in Congress with law-making responsibilities. All of Congress's laws must abide by the United States Constitution, however. Taking direction from what the Supreme Court decided in Lawrence and Sell, we hold that DADT, after Lawrence, must satisfy an intermediate level of scrutiny under substantive due process, an inquiry that requires facts not present on the record before us.
Senior Circuit Judge William C. Canby issued an opinion concurring in part and dissenting in part. Judge Canby writes that he also would have ordered the revival of the plaintiff's equal protection claim and that he would subject the "Don't Ask, Don't Tell" policy to strict scrutiny, rather than intermediate scrutiny as the majority has ordered.
Posted at 01:00 PM by Howard Bashman


David L. Hudson Jr. of the First Amendment Center examines the state of the law regarding "true threats": You can access his analysis at this link.
Posted at 12:50 PM by Howard Bashman


"Phelps family loses in court; In another case, sides argue tax status of truck": Today's edition of The Topeka Capital-Journal contains an article that begins, "Whether the picket signs carried by members of Westboro Baptist Church carry religious or political messages is at issue on whether the church has to pay tax on the pickup truck used to carry the signs. But the decision may be irrelevant if the church's appeal of a federal court decision in Maryland fails."
Posted at 12:45 PM by Howard Bashman


"Last Topeka Brown plaintiff dies": This article appears today in The Topeka Capital-Journal.

And The AP reports that "Last surviving Brown v. Board plaintiff dies at 88."
Posted at 12:42 PM by Howard Bashman



"Ark. judge who sought free speech voted off bench": The Associated Press provides a report that begins, "An appeals court judge who successfully battled an ethics panel for the right to criticize President Bush and the war in Iraq was voted off the bench Tuesday, six years after his remarks first attracted controversy. Wendell Griffen, a Baptist minister who joined the state's second-highest court in 1996, lost decisively to a juvenile court judge. His opponent did not discuss Griffen's comments during the campaign but credited them in part for her victory."

And The Arkansas Democrat-Gazette reports today that "Gruber unseats Griffen on court; In two other appellate bench bids, Henry, Brown claim open posts."
Posted at 11:11 AM by Howard Bashman



"A Discomfiting Threat to Free Speech": The New York Times today contains an editorial that begins, "The Supreme Court upheld a law on Monday that sweeps too broadly in its attempt to ban child pornography, which is repellent and illegal. Those who traffic in it must be punished, but this law is drawn in a way that also criminalizes speech that should be protected by the First Amendment."
Posted at 08:34 AM by Howard Bashman


"Inmate's pleas for a stay too late": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "A federal appeals court ruled Tuesday that a condemned inmate waited too long to challenge Georgia's method of execution, lethal injection. Samuel David Crowe is to be executed Thursday for a murder he admitted to 20 years ago, the slaying of Joseph V. Pala, manager of Wikes Lumber Co. in Douglasville. Crowe would be the second person put to death in Georgia in 16 days."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 08:32 AM by Howard Bashman



"Ga. Supreme Court Hears Key Case on Vaccine Suits; Manufacturers ask justices to overturn lower court finding that vaccine suits aren't automatically pre-empted by federal law": law.com provides this report.
Posted at 08:25 AM by Howard Bashman


"Judge's resignation leaves questions; Date has passed, but status unknown": The Boston Globe today contains an article that begins, "First he resigned. Then he unresigned, or at least tried to. Now, five days after his resignation was to take effect, it's anybody's guess whether Robert Somma, the US Bankruptcy Court judge who was arrested in February while wearing a dress and was later charged with drunken driving, is still employed by the federal judiciary."

And this week's issue of Massachusetts Lawyers Weekly contains an article headlined "No news on Somma resignation."
Posted at 08:23 AM by Howard Bashman



"Supremes on road: Comedy, marketing." At "The Swamp" blog of The Chicago Tribune, Steven Schmadeke has a post that begins, "John Paul Stevens and Antonin Scalia, U.S. Supreme Court justices from opposite ends of the ideological spectrum, were in Chicago Monday and spoke about something on which they apparently agree - how good Scalia's new book is."

And The Associated Press provides a report headlined "Scalia: A Courtroom Is Not a Cocktail Party."
Posted at 08:15 AM by Howard Bashman



"Agee's move to federal court could spark another Va. political feud": Today's edition of The Richmond Times-Dispatch contains an article that begins, "The elevation of a Virginia Supreme Court justice to a Richmond-based federal appeals court could trigger more partisan squabbling over a prized state judgeship. The U.S. Senate yesterday backed Associate Justice G. Steven Agee for the 4th U.S. Circuit Court of Appeals with a 96-0 vote."

The Virginian-Pilot reports today that "Warner, Webb join to usher in judge, confirmed despite partisan sparring."

And The Roanoke Times reports that "Senate confirms Agee for judgeship; The justice, voted in unanimously, was a recommendation of Sens. Webb and Warner."
Posted at 08:07 AM by Howard Bashman



"Ex-chief justice scores lawsuit over Pa. pay raise": The Pittsburgh Post-Gazette today contains an article that begins, "Former state Supreme Court Chief Justice Ralph Cappy yesterday said a lawsuit alleging that he negotiated a plaintiff's rights in exchange for a larger paycheck for himself and fellow justices was 'preposterous,' and he criticized both the League of Women Voters, who filed the suit, and its lawyer. A second Supreme Court justice and the House Republican leader yesterday issued angry denunciations of the lawsuit, which they called frivolous and even slanderous."

The Patriot-News of Harrisburg, Pennsylvania today contains an article headlined "Chief justice warns League, attorney of repercussions" that begins, "The chief justice of the Pennsylvania Supreme Court said the League of Women Voters 'slanders' the court and its former chief justice in a federal lawsuit, and he warned the group and its attorney could face repercussions."

The Pittsburgh Tribune-Review reports that "Sanctions threatened over suit involving slots, pay raises." The newspaper also contains an editorial entitled "The Cappy lawsuit."

The Morning Call of Allentown, Pennsylvania reports that "Slots suit 'preposterous,' ex-chief justice says; Rendell's office denies he made secret deal with high court."

The Times-Tribune of Scranton, Pennsylvania reports that "Justice calls suit 'slander.'"

And in The Philadelphia Daily News, columnist John Baer has an op-ed entitled "Did state court, Legislature play for pay? Is this Pa.?"

My earlier post on this matter, from yesterday, includes a link to the complaint initiating suit in the U.S. District Court for the Middle District of Pennsylvania.
Posted at 08:04 AM by Howard Bashman



Tuesday, May 20, 2008

"Court Denies Parental Status Of Ex-Partners": The Washington Post today contains an article that begins, "Maryland's highest court ruled yesterday that someone who lives with and helps raise a child before a relationship with the child's legal parent dissolves has virtually no rights to custody or visitation, in a decision that disappointed advocates for same-sex couples."

My earlier coverage of yesterday's ruling of the Court of Appeals of Maryland appears at this link.
Posted at 11:35 PM by Howard Bashman



"Virginia Allowed To Set Execution": The Washington Post today contains an article that begins, "The U.S. Supreme Court yesterday allowed Virginia to set an execution date for a death row inmate who is challenging the state's method of lethal injection as painful and inhumane."

You can access yesterday's order of the U.S. Supreme Court at this link.
Posted at 11:08 PM by Howard Bashman



"Meddling in Gay Marriage: California's Supreme Court intrudes into a social issue that the state's political process was handling well." This editorial appears today in The Washington Post.
Posted at 10:48 PM by Howard Bashman


"Supreme Court restores full prison term in LAX plot by 'millennium bomber'; Ahmed Ressam, convicted of planning to set off explosives at the airport in 1999, had had nearly half of his 22-year sentence voided by the 9th Circuit Court of Appeals in San Francisco": David G. Savage has this article today in The Los Angeles Times.

And The Washington Post reports today that "High Court Affirms Terrorism Conviction; Ruling Upholds Federal Explosives Law."
Posted at 10:45 PM by Howard Bashman



"Supreme Court upholds child-pornography law; Messages offering or seeking sexual images of minors -- real or not -- will no longer qualify as free speech and be protected by the 1st Amendment": David G. Savage has this article today in The Los Angeles Times.

And today in USA Today, Joan Biskupic reports that "High court upholds child porn penalties."
Posted at 10:22 PM by Howard Bashman



"Court Upholds Tax Exemptions for Municipal Bonds": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "High Court Allows State Tax Breaks For Bonds."

law.com's Tony Mauro reports that "Supreme Court Upholds State Municipal Bond Exemption."

And The Lexington Herald-Leader reports that "Ky. taxing method upheld; Supreme Court preserves bond interest break."
Posted at 09:07 PM by Howard Bashman



"Noriega takes extradition fight to appeals court": The Associated Press provides this report.

And Reuters reports that "Ex-Panamian strongman Noriega appeals extradition."
Posted at 08:47 PM by Howard Bashman



"Court Says Dollar Design Discriminates Against Blind": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:12 PM by Howard Bashman


Carol Rosenberg of The Miami Herald is reporting: She has articles headlined "Lawyer: '20th hijacker' suspect tries suicide" and "Lawyers seek first delay in 9/11 death case."
Posted at 08:05 PM by Howard Bashman


"Virginia Abortion Ban Struck Down": Adam Liptak will have this article Wednesday in The New York Times.

And Reuters reports that "Court strikes down state ban on abortion method."

My earlier coverage of today's Fourth Circuit ruling appears at this link.
Posted at 07:18 PM by Howard Bashman



"Turkey flies through Lubbock County Courthouse window, unharmed by hit": The Lubbock Avalanche-Journal today contains an article that begins, "A wild turkey crashed through a window in the Lubbock County Courthouse on Monday, prompting thoughts of a courthouse shooting and leaving a cartoon-like hole in the glass." You can view a photograph of the "cartoon-like hole in the glass" by clicking here.

And The Associated Press reports that "Confused turkey smashes into Texas courthouse window."
Posted at 05:20 PM by Howard Bashman



"Court strikes down Va. late-term abortion ban": The Associated Press provides a report that begins, "A federal appeals court says Virginia's law banning a type of late-term abortion is still unconstitutional, even though a similar federal ban has been upheld by the U.S. Supreme Court. The 2-1 decision Tuesday by the 4th U.S. Circuit Court of Appeals affirms the same court's 2005 ruling striking down the law. The Supreme Court had ordered the appeals court to take another look at the law after the ruling on the federal ban."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 05:14 PM by Howard Bashman



"Justice with Salem tie confirmed for federal court post; Nomination of another Roanoke Valley jurist still pending": The Roanoke Times provides a news update that begins, "The U.S. Senate this afternoon confirmed Virginia Supreme Court Justice Steven Agee of Salem to fill a vacancy on the 4th U.S. Circuit Court of Appeals, approving the appointment by a vote of 96-0."

And The Virginian-Pilot provides a news update headlined "Senate OKs Roanoke judge's appointment to federal court."
Posted at 05:10 PM by Howard Bashman



"State high court justice's wife pleads not guilty in arson case": The Houston Chronicle provides this news update.

And The Associated Press reports that "Texas justice's wife pleads not guilty in fire."
Posted at 05:02 PM by Howard Bashman



Unanimous three-judge Sixth Circuit panel rejects challenge to Grand Rapids, Michigan ordinance governing "Conduct in Sexually Oriented Businesses": You can access today's ruling at this link.
Posted at 04:53 PM by Howard Bashman


Money also discriminates against the poor: The Washington Post provides a news update headlined "Court Rules That Paper Money Discriminates Against the Blind."

The Associated Press provides a report headlined "Court: Paper money discriminates against the blind."

Bloomberg News reports that "U.S. Must Modify Paper Money to Accommodate Blind."

James Vicini of Reuters provides a report headlined "U.S. court: currency discriminates against the blind."

Agence France-Presse reports that "US court rules paper money discriminates against blind."

CNNMoney.com provides a report headlined "Paper money unfair to blind - court; Federal appeals court says Treasury Department is violating the law by keeping dollars the same size and feel."

And in news from Cincinnati, "Courthouse Deli Owner Praises Court Order On Currency."

Unfortunately, today's ruling of the U.S. Court of Appeals for the D.C. Circuit likewise discriminates against the blind, who must depend on others to learn what it says. And the online version of the ruling discriminates against those without internet access.

Circuit Judge Judith W. Rogers delivered the opinion of the court, in which Circuit Judge Thomas B. Griffith joined. Circuit Judge A. Raymond Randolph dissented.

My earlier coverage of the federal district court's ruling in this case, from November 2006, can be accessed here.
Posted at 04:37 PM by Howard Bashman



"Pa. justices won raise for upholding slots law, lawsuit claims": The Associated Press provides a report that begins, "The League of Women Voters sued Pennsylvania's former chief justice yesterday, alleging that the Supreme Court upheld the state's slot machine gambling law in exchange for approval of a judicial pay raise."

I have posted online at this link the complaint initiating suit filed yesterday in the U.S. District Court for the Middle District of Pennsylvania.
Posted at 08:40 AM by Howard Bashman



"Scalia Interview Transcript": ABA Journal has posted online the complete transcript of that publication's recent interview with Justice Antonin Scalia. And Richard Brust, who conducted the interview for the publication, has written a piece headlined "Inside the Scalia Interview."
Posted at 07:50 AM by Howard Bashman


"Reid gives no guarantees on judicial confirmations": The Hill provides a report that begins, "Senate Majority Leader Harry Reid (D-Nev.) gave no assurances Monday that three appeals court judges would be confirmed before Memorial Day. The Senate will vote Tuesday on the nomination of Steven Agee to a Virginia seat on the U.S. Court of Appeals for the Fourth Circuit, and Reid held out the possibility that Raymond Kethledge and Helene White would be confirmed for Michigan's seats on the U.S. Court of Appeals for the Sixth Circuit."
Posted at 07:47 AM by Howard Bashman


"Chewing Gum Trademark Battle Sent Back to District Court": law.com provides a report that begins, "A nearly decade-long dispute over the use of formulas for Bazooka bubble gum and other products made by Topps Co. is headed back to a district court following a decision by a federal appeals court."

My earlier coverage of last Thursday's Second Circuit ruling appears at this link.
Posted at 07:45 AM by Howard Bashman



Monday, May 19, 2008

"High Court Upholds Broad Child Porn Law": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:42 PM by Howard Bashman


"Court denies visitation to gay ex-partner; Md. ruling has broad impact for nontraditional families": The Baltimore Sun on Tuesday will contain an article that begins, "In a decision with broad ramifications for nontraditional families, Maryland's highest court ruled Monday in favor of an adoptive mother who is seeking to deny her former partner visitation rights to a child that both had cared for during their relationship."

You can access today's ruling of the Court of Appeals of Maryland -- that State's highest court -- at this link.
Posted at 10:25 PM by Howard Bashman



"Supreme Court Upholds Child Pornography Law": Linda Greenhouse will have this article Tuesday in The New York Times.

Tuesday in The Washington Post, Robert Barnes will have an article headlined "Justices Uphold Child Porn Law; Case Involved Criminalization Of 'Pandering.'"

And McClatchy Newspapers report that "Supreme Court upholds anti-child porn law."
Posted at 10:20 PM by Howard Bashman



"A brother lost, a brotherhood found: When Dave Kaczyinski turned in the Unabomber, he lost his only sibling; Today he has a new kinship with a man his brother almost killed." Sunday's issue of The Chicago Tribune contained this lengthy article.
Posted at 06:07 PM by Howard Bashman


"Judging the Judges: New procedural rules for judicial misconduct cases will apply in all federal circuits." This article appears in the May 2008 issue of ABA Journal.
Posted at 06:03 PM by Howard Bashman


"Bush team battered by courts on environment": The Sacramento Bee today contains a front page news analysis that begins, "Federal courts appear to have done what relentless green lobbying could not in more than seven years: rein in what critics call a de facto deregulation of the environment by President Bush's administration."
Posted at 02:24 PM by Howard Bashman


"Court Upholds Law That Prohibits Promotion of Child Pornography": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds law on child pornography."

Tuesday in The Christian Science Monitor, Warren Richey will have an article headlined "Ban upheld on offering child porn; The Supreme Court allows a 2003 law dealing with 'virtual' child porn that some thought was too broad."

And Bill Mears of CNN.com has a report headlined "Justices: Child porn is not protected speech."
Posted at 02:20 PM by Howard Bashman



"Supreme Court upholds child porn law": James Oliphant has this post at "The Swamp" blog of The Chicago Tribune.
Posted at 02:17 PM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: He has articles headlined "Child Pornography Law Upheld by U.S. Supreme Court" and "Muni Bond Tax Exemptions Upheld by U.S. Supreme Court."
Posted at 02:15 PM by Howard Bashman


Reuters is reporting: James Vicini has articles headlined "U.S. high court upholds child pornography law"; "US court rules against would-be millennium bomber"; and "Accused Nazi guard Demjanjuk loses court appeal."

And in other news, "US high court maintains municipal bond tax breaks."
Posted at 02:11 PM by Howard Bashman



"Court allows taxing of out of state bond interest": Lyle Denniston has this post at "SCOTUSblog."

The U.S. Supreme Court today issued opinions in four argued cases.

You can access today's ruling in United States v. Rodriquez, No. 06-1646, at this link, while the oral argument transcript can be accessed here.

You can access today's ruling in Department of Revenue of Ky. v. Davis, No. 06-666, at this link, while the oral argument transcript can be accessed here.

You can access today's ruling in United States v. Williams, No. 06-694, at this link, while the oral argument transcript can be accessed here.

And you can access today's ruling in United States v. Ressam, No. 07-455, at this link, while the oral argument transcript can be accessed here.

In early news coverage, The Associated Press reports that "Supreme Court upholds anti-child pornography law"; "Justices rule against man in terrorism case"; "Court upholds municipal bond exemption"; and "Court rejects shorter sentence for repeat criminal."
Posted at 10:11 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court today did not grant review of any new cases. You can access today's Order List at this link.
Posted at 10:08 AM by Howard Bashman


"John McCain and Barack Obama: Two visions of the Supreme Court; McCain wants to end 'judicial activism'; Obama favors justices with 'empathy' for ordinary people." David G. Savage has this article today in The Los Angeles Times.
Posted at 08:07 AM by Howard Bashman


"The California Same-Sex Marriage Ruling: What it Says, What it Means, and Why It's Right." Michael C. Dorf has this essay online today at FindLaw.

Today in The Washington Post, columnist E.J. Dionne Jr. has an op-ed entitled "Two Roads to Gay Marriage: Did California Do the Right Thing in the Wrong Way?"

And in The Chicago Tribune, Dennis Byrne has an op-ed entitled "Gay marriage decision came from a tyrannical court."
Posted at 07:45 AM by Howard Bashman



"In McCain's Court: John McCain plans to continue, and perhaps even accelerate, George W. Bush's conservative counter-revolution at the Supreme Court." Jeffrey Toobin has this Talk of the Town essay in the May 26, 2008 issue of The New Yorker.
Posted at 07:44 AM by Howard Bashman


Sunday, May 18, 2008

"Afraid of public trial, author to plead guilty in online obscenity case": The Pittsburgh Post-Gazette yesterday contained an article that begins, "She battled the federal government's allegations for more than a year and a half, but in the end, Karen Fletcher's mental health will win out over her principles. And First Amendment lawyers will lose a key chance to have a court determine whether text-only material can be considered obscene. Ms. Fletcher has decided to plead guilty to six counts of distributing obscenity online stemming from fictional stories published on a members-only Web site. First Amendment lawyers thought an acquittal in the case could have begun a trend -- proving that text-only cases do not rise to the level of obscenity standards."

I wrote about the case in the October 9, 2006 installment of my "On Appeal" column for law.com, headlined "Text This: Words Alone Can Violate Federal Obscenity Laws."
Posted at 08:30 AM by Howard Bashman



"Group fighting Barnes move looks west for help": Yesterday's edition of The Philadelphia Inquirer contained an article that begins, "After getting thumped in Montgomery County Orphans' Court, the people who want to keep the Barnes Foundation's art collection in Lower Merion are looking west for a strategy. All the way to Montana, in fact. The Supreme Court of the Big Sky State recently removed the board of a museum for breaching its fiduciary responsibility. The Friends of the Barnes Foundation sees parallels."
Posted at 08:27 AM by Howard Bashman


"California chief justice says same-sex marriage ruling was one of his toughest; Ronald M. George, a moderate Republican who voted with the majority, likens the case to civil rights battles": Maura Dolan has this article today in The Los Angeles Times.

The New York Times reports today that "California Ruling on Same-Sex Marriage Fuels a Battle, Rather Than Ending It."

And The Boston Globe contains an article headlined "Celebration, then strategizing in Calif.; Gays look to Mass. in battle to keep marriage rights."
Posted at 08:17 AM by Howard Bashman



Saturday, May 17, 2008

"Judge delays war-crimes trial for Supreme Court": Today in The Miami Herald, Carol Rosenberg has an article that begins, "A military commissions judge Friday postponed the scheduled trial of Osama bin Laden's driver until after the U.S. Supreme Court has decided another key detainee case." You can access the ruling at this link.

The New York Times reports today that "Detainee’s Trial Delayed Until Justices Rule."

The Associated Press reports that "US postpones first Guantanamo war crimes trial."

And in The Los Angeles Times, Carol J. Williams reports that "Defenders of Khalid Shaikh Mohammed, 4 others ask Guantanamo judge to dismiss charges; They say tribunal legal advisor Thomas Hartmann -- who's been barred from a case against Osama bin Laden's driver -- acted unfairly and illegally to get KSM and his alleged co-conspirators prosecuted."
Posted at 05:00 PM by Howard Bashman



"Pa. Justices Hear Arguments Over 'Control' of Images in Child Porn Case; Authorities found the images in the cache file of man's Web browser": law.com provides this report.

I addressed this issue in the December 4, 2006 installment of my "On Appeal" column for law.com, headlined "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?"
Posted at 04:44 PM by Howard Bashman



"Magisterial Conviction: Why the California Supreme Court did more than legalize gay marriage." Law Professor Kenji Yoshino has this jurisprudence essay online at Slate.
Posted at 04:35 PM by Howard Bashman


"35-year sentence for HIV-positive spitter worries some": This article appears today in The Dallas Morning News.
Posted at 04:23 PM by Howard Bashman


"Michigan gays can wed in California; Bonds still won't be valid here, but expect West Coast trips, state's gay marriage backers say": The Detroit News contains this article today.
Posted at 01:32 PM by Howard Bashman


"FBI agent denies bullying in Fieger case": This article appears today in The Detroit Free Press.

And The Detroit News reports today that "FBI agent in Fieger case describes rare pre-raid talks."
Posted at 01:30 PM by Howard Bashman



"Crown must justify adult sentences: ruling." The Toronto Globe and Mail today contains an article that begins, "A fractured Supreme Court of Canada yesterday struck down a law forcing young offenders who are guilty of serious, violent offences to be sentenced as adults unless they can prove it would be unfair to them. The 5-4 ruling drew immediate condemnation from the federal government, with Justice Minister Rob Nicholson sounding a battle cry against soft treatment for young offenders."

The Toronto Star reports today that "Supreme Court shakes youth act; Forcing violent teens to prove they should not face adult prison terms ruled unconstitutional."

The Winnipeg Sun contains an article headlined "Court ruling ripper: Provinces, feds at odds over fighting youth crime."

The Montreal Gazette reports that "Quebec rights commission delighted by high court ruling; Federal law didn't respect rights charter, child justice advocates contend."

The Canadian Press reports that "Top court declares reverse onus on youth sentencing unconstitutional."

CBC News reports that "Top court rules Crown must prove convicted youth deserve adult punishment."

Canwest News Service reports that "Top court snubs Tory youth crime agenda; Parts of law unconstitutional; Placed onus on some youths to convince judge why they shouldn't be tried as adults."

Retuers reports that "Canada must treat young killers gently, court says."

And online at National Post, Colby Cosh has an essay entitled "The Supreme Court's young-offender decision: All bets are off for journalists."

You can access yesterday's 5-4 ruling of the Supreme Court of Canada at this link.
Posted at 01:24 PM by Howard Bashman



"Same-Sex Marriage and Racial Justice Find Common Ground": Adam Liptak has this news analysis today in The New York Times.

The Los Angeles Times today contains an article headlined "In Massachusetts, a test run for same-sex marriage; Many in the state welcome California's Supreme Court ruling this week."

And The San Francisco Chronicle contains articles headlined "Governor backs same-sex marriage ruling"; "Whipsawed gay couples brace for legal twists"; and "County clerks, same-sex couples try to plan."
Posted at 07:50 AM by Howard Bashman



Friday, May 16, 2008

"FBI agent tells Fieger trial of failed sting; Law partner didn't incriminate himself in phone call taped for donor funds probe, witness testifies": This article appears today in The Detroit News.

And The Detroit Free Press reports today that "Recorded call could hurt case; Effort on FBI's behalf to trap defendant fails."
Posted at 08:50 PM by Howard Bashman



"Court sides with MySpace in suit over sex assault": The Associated Press provides a report that begins, "Federal law gives MySpace.com immunity from a lawsuit over the alleged sexual assault of a teenage girl by a man she met on the social networking Web site, a federal appeals court ruled Friday."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit in Doe v. MySpace Inc at this link. Footnote one of today's ruling helpfully explains that "The term 'blog' is a portmanteau of 'Web log' and is a term referring to an online journal or diary."

On February 14, 2007, I had this post collecting coverage of the federal district court's ruling that dismissed the lawsuit.
Posted at 08:20 PM by Howard Bashman



Books recently received in the mail: In today's mail, I received a copy of Benjamin Wittes's forthcoming book, "Law and the Long War: The Future of Justice in the Age of Terror." It is scheduled to go on sale on June 19, 2008.

Earlier this week, I received a copy of "Some Joys of Lawyering," by Bennett Boskey. The book is published by The Green Bag Press.

And recently I received a copy of "Federal Appellate Practice and Procedure in a Nutshell" by Gregory A. Castanias and Robert H. Klonoff.
Posted at 12:10 PM by Howard Bashman



"Attorneys want full appeal heard; The ex-Qwest CEO's lawyers say if the court proceeds, its review shouldn't be limited": The Denver Post today contains an article that begins, "Former Qwest chief executive Joe Nacchio, convicted of insider trading last year, should be allowed to present his entire appeal anew if a federal appellate court grants a government petition to rehear a portion of the case, his attorneys argue in papers filed Thursday."
Posted at 11:54 AM by Howard Bashman


"Chief Judge Michel Speaks on the State of the Court": Yesterday, the U.S. Court of Appeals for the Federal Circuit held its judicial conference in Washington, D.C. You can view the program at this link. Chief Judge Paul R. Michel delivered these remarks at the start of yesterday's program.

According to Chief Judge Michel's remarks, Seventh Circuit Judge Richard A. Posner will sit by designation with the Federal Circuit in April 2009. And Chief Judge Michel has asked Congress to authorize the hiring of a fourth law clerk for all active Federal Circuit judges, which is already the norm in the other U.S. Courts of Appeals.
Posted at 11:47 AM by Howard Bashman



"Please, Somebody Sell Justice Scalia Some Stock": Bloomberg News columnist Ann Woolner has this essay today.
Posted at 11:37 AM by Howard Bashman


"Torture's Blowback: An alleged Sept. 11 conspirator can't be tried because the administration thought harsh tactics were a good idea." This editorial appears today in The Washington Post.
Posted at 09:12 AM by Howard Bashman


"Judge Sides With Red Cross Over Trademark": The New York Times today contains an article that begins, "A decision by Johnson & Johnson, the giant health care conglomerate, to sue the American Red Cross last year for commercializing the Red Cross symbol may be turning into a bit of a disaster for the company. This week the company lost the second round in its trademark dispute against the disaster relief agency when a federal judge in Manhattan threw out most of the case."

I have posted online at this link Wednesday's ruling of the U.S. District Court for the Southern District of New York.
Posted at 08:40 AM by Howard Bashman



"Justices focus on scope of lead paint case": The Providence (R.I.) Journal contains this article today.
Posted at 08:30 AM by Howard Bashman


"Judge again rejects foes of Barnes move": This article appears today in The Philadelphia Inquirer.

And Bloomberg News reports that "Barnes Foundation Wins Ruling for Plan to Move to Philadelphia."
Posted at 08:17 AM by Howard Bashman



"Posner Sees Need for More 'Candid' U.S. Supreme Court": Bloomberg News recently posted online this mp3 podcast (9.11MB mp3 audio file) of an interview with Seventh Circuit Judge Richard A. Posner. According to Bloomberg's description of the interview, "U.S. Circuit Judge Richard Posner talks with Bloomberg's Tom Keene from Chicago about his new book, 'How Judges Think,' the U.S. Supreme Court, and the impact of ethanol production on food supply and prices."
Posted at 08:12 AM by Howard Bashman


Thursday, May 15, 2008

"Inmate appeals on lethal injection; He asks court to allow his lawsuit on how Va. performs executions": The Richmond Times-Dispatch today contains an article that begins, "Death-row inmate Christopher Scott Emmett asked the 4th U.S. Circuit Court of Appeals yesterday to restore his lawsuit challenging the way Virginia conducts lethal injections."

And The Washington Post reports today that "Lethal Injection Methods Weighed; U.S. Appeals Court Ruling Could Have Nationwide Effect."
Posted at 10:54 PM by Howard Bashman



"Solicitor General Clement Says He Will Step Down": Robert Barnes has this article today in The Washington Post.

And David G. Savage of The Los Angeles Times reports today that "Solicitor general to step down; Paul Clement, who will leave in June, defended Guantanamo policies before the high court."
Posted at 10:48 PM by Howard Bashman



"West Virginia's Top Judge Loses His Re-election Bid": This article appears today in The New York Times.

My most recent earlier coverage appears at this link.
Posted at 10:40 PM by Howard Bashman



"California Court Affirms Right to Gay Marriage": Adam Liptak will have this article Friday in The New York Times.

Tomorrow's newspaper will also contain a news analysis headlined "Marriage Ruling Vaults Issue Back to Stage in Presidential Bids."
Posted at 10:33 PM by Howard Bashman



In jurisprudence essays available online at Slate: Dahlia Lithwick has an essay entitled "Who You Calling Activist? California's gay-marriage decision reflects the difference between judicial activism and, um, judging."

And Emily Bazelon has an essay entitled "Race to the Altar: California's gay couples should marry fast. Voters could overturn the Supreme Court ruling in November."
Posted at 08:37 PM by Howard Bashman



"Nacchio urges denial of full court review": The Rocky Mountain News provides this update.

And The Associated Press reports that "Nacchio asks court to deny full appellate review."

You can access at this link Appellant's Opposition to the Petition for Rehearing En Banc, which counsel for Joseph P. Nacchio filed today in the U.S. Court of Appeals for the Tenth Circuit.
Posted at 05:50 PM by Howard Bashman



"Appeals court upholds pretrial ruling in Libby asbestos case": The Associated Press provides a report that begins, "U.S. District Judge Donald Molloy didn’t abuse his discretion when he required the government to produce a pretrial list of witnesses and evidentiary documents in its asbestos case against W.R. Grace & Co., a federal appeals court has ruled."

You can access at this link today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 05:37 PM by Howard Bashman



"Court throws out suit to stop Barnes move": The Philadelphia Inquirer provides a news update that begins, "A Montgomery County judge has dismissed a suit by the Friends of the Barnes Foundation seeking to hold hearings on the famed museum's planned move to Philadelphia."
Posted at 04:00 PM by Howard Bashman


"Senate Panel Approves Judgeships Bill": At his "Washington Briefs" blog, Lawrence Hurley of The Daily Journal of California has a post that begins, "This morning the Senate Judiciary Committee voted 14-5 to approve a bill that would create dozens of new federal judgeships for the first time since 1990. The bill would add 38 district court judgeships and 12 circuit court judgeships."
Posted at 03:44 PM by Howard Bashman


"Racial hate letter writer in Ohio pleads guilty": The Associated Press provides this report.

And The Cleveland Plain Dealer provides a news update headlined "Pepper Pike man admits making racial threats."
Posted at 03:42 PM by Howard Bashman



"California Court Affirms Right to Gay Marriage": Adam Liptak of The New York Times has this news update.
Posted at 02:44 PM by Howard Bashman


"California ban on same-sex marriage struck down": Bill Mears of CNN.com provides this report.

Reuters reports that "Top California court backs gay marriage."

Bloomberg News reports that "California Supreme Court Legalizes Gay Marriage."

Greg Moran of The San Diego Union-Tribune has a news update headlined "State ban on gay marriage overturned."

And Josh Richman of The Oakland Tribune has a news update headlined "Court overturns same-sex marriage ban."
Posted at 02:37 PM by Howard Bashman



BREAKING NEWS -- Supreme Court of California holds in In re Marriage Cases that "to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.": You can access today's 4-3 ruling by California's highest court at this link. I have posted a back-up copy of the 172-page decision on this blog's servers at this link.

Chief Justice Ronald M. George wrote the majority opinion, in which Associate Justices Joyce L. Kennard, Kathryn Mickle Werdegar, and Carlos R. Moreno joined.

Associate Justice Marvin R. Baxter's concurring and dissenting opinion begins, "The majority opinion reflects considerable research, thought, and effort on a significant and sensitive case, and I actually agree with several of the majority's conclusions. However, I cannot join the majority's holding that the California Constitution gives same-sex couples a right to marry. In reaching this decision, I believe, the majority violates the separation of powers, and thereby commits profound error." Associate Justice Ming W. Chin joined in Justice Baxter's opinion. Associate Justice Carol A. Corrigan also dissented from the majority's judgment, although she expressed her agreement with the majority's outcome as a matter of personal preference.

In early news coverage, The Associated Press reports that "California Supreme Court overturns gay marriage ban."

Bob Egelko of The San Francisco Chronicle reports that "State Supreme Court says same-sex couples have right to marry."

Maura Dolan of The Los Angeles Times reports that "California Supreme Court overturns gay marriage ban."

Howard Mintz of The San Jose Mercury News reports that "California Supreme Court overturns ban on gay marriage."

And The Sacramento Bee reports that "Gay marriage legal in California, court declares."
Posted at 01:04 PM by Howard Bashman



"Al-Marri's new challenge to detention": At "SCOTUSblog," Lyle Denniston has a post that begins, "In a new phase of the continuing controversy over destruction of government recordings showing harsh interrogation tactics used on detainees, attorneys for a Qatari national argued in a federal appeals court filing Wednesday that new evidence shows he is being wrongly held."
Posted at 12:57 PM by Howard Bashman


At least no one is contending that Donald Trump's hairstyle infringes any copyrights: Yesterday, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a decision affirming the grant of summary judgment against a plaintiff who alleged that the Trump Palace and the Trump Royale high-rise condominiums in Sunny Isles Beach, Florida infringed the plaintiff's copyrighted architectural designs. The final two pages of the PDF file containing the opinion consist of images of the plaintiff's design and the Trump Palace building.
Posted at 11:45 AM by Howard Bashman


Fourth Circuit affirms punitive damages award that is eighty times larger than compensatory damages award: When seeking to uphold a punitive damages award that bears an 80:1 ratio to the compensatory damages award, it never hurts that the total award of punitive damages is just $80,000 or that the defendant has a net worth of $3.2 billion. You can access yesterday's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:35 AM by Howard Bashman


Sixth Circuit affirms $23 million award to plaintiffs in the antitrust class action known as In re: Scrap Metal Antitrust Litigation: Today's opinion contains an interesting discussion of the defendants' challenge to the admission of plaintiffs' expert witness on the subject of damages. In particular, in discussing and rejecting the defendants' challenge to the reliability of the damages expert's testimony, today's ruling distinguishes between a challenge to the reliability of the method the expert employed and a challenge to the credibility and accuracy of the expert's opinion. According to today's ruling, that latter sort of a challenge (to the credibility and accuracy of an expert's opinion) is much less likely to succeed as a basis for excluding an expert's opinion.
Posted at 11:30 AM by Howard Bashman


Federal Circuit rejects claim for damages against federal government asserted by private company that, before the September 11th terrorist attacks, provided passenger and baggage screening services at airports throughout the United States: You can access today's ruling at this link.

The company had argued, among other things, that the transfer of responsibility for passenger and baggage screening to a federal agency resulted in a taking of the company's property without just compensation, in violation of the Fifth Amendment to the U.S. Constitution.
Posted at 11:20 AM by Howard Bashman



"I've got good news! That gum you like is going to come back in style." An ode to chewing gum serves as the introduction to a ruling that the U.S. Court of Appeals for the Second Circuit issued today in a case captioned Topps Co. v. Cadbury Stani S.A.I.C.:
This litigation concerns chewing gum, principally "Bazooka" bubble gum, known in this country by its small -- less than an inch -- paper-wrapped package and accompanying comic strip. Chewing gum is a pastime engaged in since ancient times when the substance chewed was a resin taken directly from certain trees. Nowadays people generally chew the industrially-produced version. They do so for a variety of reasons, including: to cleanse teeth and freshen breath; to focus the mind during athletic competitions; to calm the stomach; and to take the place of smoking. One's inability to chew gum while simultaneously carrying out other routine activities, such as walking, is sometimes used as an epithet. And, of course, because gum is today a sugary confection it is sweet and chewing gum is enjoyable and fun.
The title of this post comes from the television show "Twin Peaks" (YouTube video clip at this link; screen caps here and here).
Posted at 11:12 AM by Howard Bashman


"FDA Pre-emption Under Scrutiny; Democrats Probe Uptick in Federal Clampdown on Liability Suits": Lawrence Hurley has this front page article today in The Daily Journal of California.
Posted at 09:20 AM by Howard Bashman


"Court blocks Bush's plan for logging in Sierra": Today in The San Francisco Chronicle, Bob Egelko has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 09:08 AM by Howard Bashman


"Blumenthal Appeals No Child Left Behind Suit Dismissal": The Hartford Courant today contains an article that begins, "Attorney General Richard Blumenthal on Wednesday appealed a federal judge's dismissal of the state's lawsuit challenging the No Child Left Behind Act, pledging to take the case to the U.S. Supreme Court if necessary."
Posted at 09:07 AM by Howard Bashman


"Lawyers to argue appeal in lead paint case this morning": The Providence (R.I.) Journal provides a news update that begins, "A battery of lawyers is scheduled to begin more than 3 ½ hours of arguments over the state's lead paint nuisance case before the Rhode Island Supreme Court at 9 a.m. today. And the public can view the battle because, for the first time, the court is allowing a live Webcast."

You can view the live webcast by clicking here (Windows Media Player required).
Posted at 09:02 AM by Howard Bashman



"Senate sinks judicial nominees slate, tells Rendell to reconsider picks": The Harrisburg Patriot-News today contains an article that begins, "Gov. Ed Rendell's slate of judicial nominees, including one for the state Supreme Court, was torpedoed by the state Senate on Wednesday. By a near party-line 24-26 vote, senators rejected the nominations of James Gardner Colins for Supreme Court, Kenneth Gormley for Commonwealth Court and James Fitzgerald and Robert Daniels for Superior Court. They were to serve through January 2010. A two-thirds majority is required for judicial confirmations."

And The Pittsburgh Post-Gazette reports today that "State Senate GOP rejects court nominees."

Yesterday, Pennsylvania Governor Ed Rendell issued a news release condemning the state senate's rejection of his appellate court nominees.
Posted at 08:55 AM by Howard Bashman



"Je Recuse": This editorial appears today in The New York Sun.
Posted at 08:47 AM by Howard Bashman


"Witness: Fieger called me an idiot; Gym owner told him about FBI talk." The Detroit Free Press today contains an article that begins, "The owner of the gym where embattled Southfield lawyer Geoffrey Fieger used to work out testified Wednesday that Fieger called him an idiot for talking to the FBI about contributions the businessman made to John Edwards' 2004 presidential bid."

And today's edition of The Detroit News contains an article headlined "Gym owner: Fieger 'yelled' over FBI talk."
Posted at 08:42 AM by Howard Bashman



"Paycheck Act tangled up in courts - again; High court tackles Idaho case; 10th Circuit Court of Appeals suspends action on Utah case": This article appears today in The Salt Lake Tribune.
Posted at 08:40 AM by Howard Bashman


"Court Tosses Charges Over Student's MySpace Criticism of Principal": At "The School Law Blog" of Education Week, Mark Walsh has a post that begins, "The Indiana Supreme Court has thrown out a finding of child delinquency for a middle school student who posted a vulgarity-laced tirade against her principal on MySpace."

And The Associated Press reports that "Justices overturn girl's MySpace conviction."

You can access Tuesday's ruling of the Supreme Court of Indiana at this link.
Posted at 08:37 AM by Howard Bashman



"Supreme Court ruling on same-sex marriage due": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "More than four years after San Francisco defied state marriage laws by allowing nearly 4,000 same-sex couples to wed at City Hall, the state Supreme Court is set to decide today whether gays and lesbians have a constitutional right to marry in California."

Yesterday, I had this related post previewing the ruling, which is scheduled for release at 1 p.m. eastern time today.
Posted at 08:27 AM by Howard Bashman



Wednesday, May 14, 2008

Available online from law.com: Tony Mauro reports that "Clement Resigns as Solicitor General."

And an article headlined "2nd Circuit Splits Over Scope of Class Action Fairness Act" reports on this ruling issued today.
Posted at 11:24 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Former Justice Asks Congress for Alzheimer's Aid."

And yesterday's broadcast of "Talk of the Nation" contained an audio segment entitled "Supreme Court Clears Path for Apartheid Lawsuits" featuring Law Professor Jeffrey Rosen.

RealPlayer is required to launch these audio segments.
Posted at 11:05 PM by Howard Bashman



"Fieger's ex-aide says FBI agent bullied her": This article appears today in The Detroit Free Press.
Posted at 10:45 PM by Howard Bashman


"Government's top Supreme Court attorney resigns": Lara Jakes Jordan of The Associated Press provides this report.
Posted at 04:09 PM by Howard Bashman


"Solicitor General Paul D. Clement submits his resignation, effective June 2." So reports David Kurtz of "Talking Points Memo."
Posted at 03:40 PM by Howard Bashman


Over the dissent of five judges, the Ninth Circuit denies rehearing en banc of decision holding that Congress cannot cure a government agency's Establishment Clause violation by ordering sale of the land upon which a religious symbol is situated: Today's order, which denies rehearing en banc and amends the original panel's decision, along with Circuit Judge Diarmuid F. O'Scannlain's dissent from the denial of rehearing en banc (in which four other Ninth Circuit judges joined) can be accessed at this link.

The dispute arose from a Christian cross located in a remote area of the Mojave National Preserve. Judge O'Scannlain's dissent from the denial of rehearing en banc appears to provide attorneys for the federal government with a good head start on any cert. petition that they may consider filing.

My most recent earlier coverage of the case appears at this link.
Posted at 03:38 PM by Howard Bashman



"Top California court to rule on gay marriage Thursday": Reuters provides a report that begins, "California's Supreme Court said on Wednesday that it would issue a long-awaited decision on Thursday on whether it is constitutional for the the nation's most populous state to bar gays from marrying."

And The Associated Press reports that "California high court set to rule on gay marriage."

According to today's official announcement from the Supreme Court of California, the case to be announced tomorrow presents the question: "Does California's statutory ban on marriage between two persons of the same sex violate the California Constitution by denying equal protection of the laws on the basis of sexual orientation or sex, by infringing on the fundamental right to marry, or by denying the right to privacy and freedom of expression?" The decision is scheduled to be announced and posted to the internet at 10 a.m. pacific time tomorrow.
Posted at 03:12 PM by Howard Bashman



"O'Connor makes personal plea for Alzheimer's aid": The AP provides this report on today's hearing of the U.S. Senate's Special Committee on Aging.

You can access at this link the prepared text of Justice Sandra Day O'Connor's statement to the committee. And C-SPAN has posted the video of the hearing at this link (RealPlayer required).
Posted at 03:10 PM by Howard Bashman



"Merck says appeals court overturns verdict in Vioxx case": The Associated Press provides a report that begins, "A Texas appeals court on Wednesday overturned a multimillion-dollar verdict against Merck & Co. in a case involving its withdrawn painkiller Vioxx. A Texas jury in April 2006 awarded the widow of 71-year-old Leonel Garza $32 million. That later was cut to about $7.75 million under Texas damage caps. On Wednesday, the Texas 4th Court of Appeals overturned the verdict, ruling that Garza's family failed to provide evidence that Garza's long-standing heart disease could not have been the cause of his fatal heart attack in 2001."

You can access today's ruling of the Fourth Court of Appeals of Texas at this link. And you can access other filings in the case via this link.
Posted at 03:03 PM by Howard Bashman



"Rendell's judicial nominees rejected in partisan showdown": The Associated Press provides a report that begins, "Four vacancies on Pennsylvania's appellate courts, including one on the Supreme Court, will remain unfilled for now. In a near party-line vote, the Republican-controlled state Senate on Wednesday rejected four men nominated by Gov. Ed Rendell to temporarily fill the openings. Republican senators say Rendell stepped over the established practice of taking the Senate's advice on whom to nominate."
Posted at 01:27 PM by Howard Bashman


"The plaintiffs claimed their Halloween display--wooden tombstones with epitaphs describing, in unflattering terms, the demise of their neighbors--was constitutionally protected speech." The U.S. Court of Appeals for the Seventh Circuit today issued an opinion that begins, "This free-speech lawsuit requires us to determine the present scope of the 'fighting-words' doctrine."

Today's opinion summarizes its holding as follows: "The tombstone inscriptions, although insulting, cannot be considered fighting words as that doctrine is presently understood. The display was, accordingly, protected speech. But the officer's mistake about the scope of the plaintiffs' constitutional right to ridicule their neighbors was one a reasonable officer might make in this situation. He was therefore entitled to qualified immunity."

The opinion, written by Circuit Judge Diane S. Sykes on behalf of a unanimous three-judge panel, concludes:

In closing, a few words in defense of a saner use of judicial resources. It is unfortunate that this petty neighborhood dispute found its way into federal court, invoking the machinery of a justice system that is admired around the world. The suit was not so wholly without basis in fact or law as to be frivolous, but neither was it worth the inordinate effort it has taken to adjudicate it--on the part of judges, jurors, court staff, and attorneys (all, of course, at public expense). We take this opportunity to remind the bar that sound and responsible legal representation includes counseling as well as advocacy. The wiser course would have been to counsel the plaintiffs against filing such a trivial lawsuit. . . . Not every constitutional grievance deserves an airing in court. Lawsuits like this one cast the legal profession in a bad light and contribute to the impression that Americans are an overlawyered and excessively litigious people.
Back in April 2007, I had this post linking to the appellate briefs and the appellate oral argument audio in the case.
Posted at 01:18 PM by Howard Bashman


"Vacation photos doom W.Va. top judge in primary": The Associated Press provides a report that begins, "West Virginia's top judge will be out a job after a conflict-of-interest scandal involving an exotic vacation with a coal company boss derailed his bid for another term. Chief Justice Elliott 'Spike' Maynard finished third in a field of four candidates in the state's Democratic primary Tuesday, following an uproar that began in January when photos surfaced showing him vacationing in Europe with the chief executive of Richmond, Va.-based Massey Energy Co. The company had cases before the court."

In other coverage, The Charleston (W. Va.) Daily Mail reports today that "Workman, Ketchum knock Spike Maynard off Supreme Court."

The Charleston (W. Va.) Gazette reports that "Workman, Ketchum win; Maynard out."

The Herald-Dispatch of Huntington, West Virginia reports that "Huntington's Ketchum moves on in Supreme Court race."

And The West Virginia Record reports that "Workman, Ketchum top Maynard in Supreme Court battle."
Posted at 12:14 PM by Howard Bashman



"Bush administration rules limit lawsuits": Pete Yost of The Associated Press provides this report.
Posted at 11:58 AM by Howard Bashman


"Barred artwork triumphs on appeal; Murals hang in court 70 years after a judge rejected them": The Newark (N.J.) Star-Ledger today contains an article that begins, "It took about 70 years, but Tanner Clark's artwork will finally get its day in court. As an aspiring artist in 1936, the young New Brunswick native won a contest and was commissioned to paint two murals for the opening of the new federal courthouse and post office in Newark."
Posted at 11:17 AM by Howard Bashman


"O'Connor: The Pain of Alzheimer's." Jan Crawford Greenburg has this post today at her "Legalities" blog.

Today's broadcast of the ABC News program "Good Morning America" included an interview that Jan conducted with Justice Sandra Day O'Connor. You can view the segment by clicking here.
Posted at 10:34 AM by Howard Bashman



"The problem with ID laws: Supreme Court ruling opens door to efforts to suppress voter turnout." This editorial appears today in USA Today.

In response, that newspaper also contains an op-ed by Stanley Cox entitled "Protect our election process: Tough ID requirements are needed to deter, detect vote fraud schemes."
Posted at 09:25 AM by Howard Bashman



"A Few Good Soldiers: More members of the military turn against the terror trials." Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 09:15 AM by Howard Bashman


"High Court Caricature": Columnist Ruth Marcus has this op-ed today in The Washington Post.
Posted at 09:14 AM by Howard Bashman


"Charges Against 9/11 Suspect Dropped; His Statements Were the Result of Abusive Interrogation, Officials Say": This article appears today in The Washington Post.

Today in The Los Angeles Times, Carol J. Williams reports that "Charges dropped for 20th alleged 9/11 hijacker; But five other suspects, including the alleged mastermind, face the death penalty at the troubled Guantanamo Bay tribunal."

And The New York Times reports that "Case Against 9/11 Detainee Is Dismissed."
Posted at 09:10 AM by Howard Bashman



"Pentagon accused of delays; With charges ready for this summer's Guantanamo arraignment in the Sept. 11 conspiracy trial, legal defense groups are protesting that the Pentagon has not cleared approved civilian lawyers to work on the cases": Carol Rosenberg has this article today in The Miami Herald.
Posted at 09:08 AM by Howard Bashman


"Florida justice hails rule of law campaign; A Florida Supreme Court justice underscored the American Bar Association's aim to reinforce the rule of law in his speech at a Miami conference": Today in The Miami Herald, Jay Weaver has an article that begins, "Florida Supreme Court Justice Raoul Cantero on Tuesday gave a brief history lesson about his life, the United States and Cuba to dramatize how vital an independent judiciary is to a democratic society."
Posted at 09:05 AM by Howard Bashman


"Now Bonds faces 14 BALCO perjury counts": Lance Williams has this article today in The San Francisco Chronicle.

And The New York Times reports today that "Prosecutors Rework Indictment of Bonds."

You can view at this link the superseding indictment filed yesterday in the U.S. District Court for the Northern District of California.
Posted at 08:55 AM by Howard Bashman



"Loving v. Virginia and the Secret History of Race": Brent Staples has this Editorial Observer essay today in The New York Times.
Posted at 08:45 AM by Howard Bashman


"O'Connor takes private ordeal public; Former justice to testify about Alzheimer's painful reach": Joan Biskupic has this article today in USA Today.

The Associated Press reports that "O'Connor urges help for Alzheimer's disease."

And The Washington Post contains a related article headlined "Man With Alzheimer's Fights 'Family Disease'; 5th-Generation Patient Copes With Early Onset."

Justice Sandra Day O'Connor is scheduled to testify today at a hearing of the U.S. Senate's Special Committee on Aging. The hearing is set to begin at 10:30 a.m. eastern time, and a live webcast of the hearing will be available via this link (RealPlayer required).
Posted at 08:24 AM by Howard Bashman



"McCain's Supreme wrongheadedness": Today in The Boston Globe, columnist Jeff Jacoby has an op-ed that begins, "In a speech on the federal judiciary last week, John McCain sounded the familiar conservative call for judges who know their place."
Posted at 08:14 AM by Howard Bashman


"Some Detainees Are Drugged For Deportation; Immigrants Sedated Without Medical Reason": This front page article appears today in The Washington Post.
Posted at 08:10 AM by Howard Bashman


"Judge punished for profanity; Lamdin draws a 30-day suspension": The Baltimore Sun today contains an article that begins, "The state's highest court suspended a Baltimore County judge yesterday for making profane and uncivil comments from the bench, issuing the harshest punishment for a Maryland judge in more than two decades and, observers said, sending a message to judges to watch their behavior."

You can access yesterday's ruling of the Court of Appeals of Maryland -- that State's highest court -- at this link.
Posted at 08:00 AM by Howard Bashman



Tuesday, May 13, 2008

"Ranking the Politics of Supreme Court Justices: Four of the five most conservative justices since 1937 are on the bench today." This article appears online at the web site of U.S. News & World Report.
Posted at 11:17 PM by Howard Bashman


"New Worries for 401(k) Plans; Recent Supreme Court decision may unleash wave of investor suits": law.com provides this report.
Posted at 11:02 PM by Howard Bashman


"U.S. Supreme Court will not hear church's appeal on O'Hare cemetery plans; Pending court cases, though, mean airport expansion plans in limbo": The Chicago Tribune contains this article today.
Posted at 11:00 PM by Howard Bashman


"Iowa's longest-serving justice retires from Supreme Court": This article appears today in The Des Moines Register.
Posted at 10:57 PM by Howard Bashman


"Feds unveil new indictment against Barry Bonds": The Associated Press provides this report.
Posted at 10:09 PM by Howard Bashman


C-SPAN broadcasts Ninth Circuit oral argument of case challenging the constitutionality of the federal no-fly list: A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in Ibrahim v. Homeland Security on April 18, 2008. This past Saturday, C-SPAN aired the oral argument on "America and the Courts." You can view the broadcast by clicking here (RealPlayer required).

The three-judge panel that heard oral argument consisted of Chief Judge Alex Kozinski, Circuit Judge N. Randy Smith, and U.S. District Judge S. James Otero of the Central District of California.

According to C-SPAN's description of the case, "In 2005 Stanford University student Rahinah Ibrahim was handcuffed and detained at the San Francisco International Airport while trying to fly home to Malaysia. After arriving in Malaysia, the U.S. Embassy revoked her visa, and she has not been allowed in the United States since." The Stanford Daily reported on the case in an article published in February 2006.
Posted at 12:48 PM by Howard Bashman



"Judge dismisses case of woman who says veil cost her claim": The Associated Press provides a report that begins, "A federal judge in Detroit has dismissed the case of a Muslim woman who sued a judge for demanding she remove her veil in court."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Eastern District of Michigan.
Posted at 12:08 PM by Howard Bashman



"Adam Liptak, the national legal reporter of The New York Times, is answering questions from readers this week." Details here, including the email address to which questions may be sent.
Posted at 11:35 AM by Howard Bashman


Books that recently arrived in the mail: Today, I received a copy of "Making Your Case: The Art of Persuading Judges" by Antonin Scalia and Bryan A. Garner.

Yesterday, I received a copy of "The Importance of Being Honest: How Lying, Secrecy, and Hypocrisy Collide with Truth in Law" by Steven Lubet.

Recently, I received a copy of "The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom" by Robert A. Levy and William Mellor.

And, last but not least, I recently received a copy of "Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit" by Mark Simon Davies.
Posted at 11:04 AM by Howard Bashman



"California Supreme Court rules for prosecutor who advised filmmakers; A Santa Barbara County deputy district attorney may stay on a death penalty case even after consulting on 'Alpha Dog,' a movie about an accused killer; Other rulings address similar potential conflict": Maura Dolan has this article today in The Los Angeles Times.

And today in The New York Times, Adam Liptak has an article headlined "When Literary and Prosecutorial License Collide."

Yesterday, the Supreme Court of California issued decisions in cases captioned Haraguchi v. Superior Court; Hollywood v. Superior Court; and The People v. Superior Court (Humberto S.).
Posted at 09:18 AM by Howard Bashman



"Court upholds dress codes; County schools do not violate students' rights": The Las Vegas Review-Journal today contains an article that begins, "A federal appeals court ruled Monday that Clark County's school dress codes do not violate students' right to free speech after considering a case involving a junior suspended for wearing T-shirts expressing her religious faith."

And Bob Egelko of The San Francisco Chronicle reports today that "Court says schoolkids not harmed by uniforms."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 09:08 AM by Howard Bashman



"Contractor says Fieger warned her of FBI visit; Journalist testifies attorney told her not to talk to investigators about campaign donation": The Detroit News contains this article today.
Posted at 09:03 AM by Howard Bashman


"Execution in officer's death stayed; U.S. Supreme Court will hear appeal concerning performance of lawyers": This article appears today in The Richmond Times-Dispatch.

And The Washington Post reports today that "Court Stays Execution Of Va. Man, Takes Case."
Posted at 09:00 AM by Howard Bashman



"Guantanamo detainees are facing death penalty; Khalid Sheik Mohammed and four others have been charged by a Pentagon official with conspiring in the Sept. 11 attacks": Carol Rosenberg has this article today in The Miami Herald.
Posted at 08:55 AM by Howard Bashman


"Justices' Conflicts Halt Apartheid Appeal": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Robert Barnes has an article headlined "Investment Conflicts for High Court; Personal Holdings Prevent Justices From Hearing Case."

Patti Waldmeir of Financial Times reports that "Apartheid court case can go ahead in US."

Joseph Goldstein of The New York Sun reports that "High Court Recusals Derail Apartheid Case."

law.com's Tony Mauro reports that "Supreme Court Recusals Hit Home in Controversial Apartheid Suit."

And The Washington Times reports that "Conflicts derail key apartheid case."
Posted at 08:45 AM by Howard Bashman



"The Myth of Voter Fraud": The New York Times today contains an editorial that begins, "Missouri and at least 19 other states are considering passing laws that would force people to prove their citizenship before they can vote."
Posted at 08:37 AM by Howard Bashman


"Disputes reflect continuing tension over Title IX; Ruling fuels new lawsuits on gender equity in sports": This front page article appears today in USA Today.

And today's edition of The New York Times contains an article headlined "Taking Aim at Gender Barriers In a Full-Contact Sport."
Posted at 08:32 AM by Howard Bashman



"Souter Protects Anonymity as Court Colleagues Seek Spotlight": Greg Stohr of Bloomberg News has an article that begins, "As soon as the U.S. Supreme Court ended its March 30, 2004, session, Justice David Souter donned his suit jacket and walked out the court's front door, past scores of people who had watched the argument. The only person who so much as noticed him was the attorney who had just argued the case."
Posted at 08:27 AM by Howard Bashman


Monday, May 12, 2008

"Military prepares for 9/11 suspects' hearings; The Pentagon is readying a compound where the Bush administration plans to arraign the alleged perpetrators of 9/11": Carol Rosenberg has this article today in The Miami Herald.
Posted at 09:07 PM by Howard Bashman


"Just Being Kozinski: The Ninth Circuit's new chief judge is brilliant, charming - and provocative; But does he have the right temperament for the job?" This article was the cover story of the April 2008 issue of California Lawyer magazine.
Posted at 06:20 PM by Howard Bashman


"Court blocked from case: Too many investments." Mark Sherman of The Associated Press has this report. According to the article, today was "the first time in at least a quarter-century that the justices' financial holdings prevented them from taking a case."
Posted at 06:02 PM by Howard Bashman


"Technological advances in recent years have been such that an untrained eye simply cannot easily distinguish a photograph of a real person from a virtual image by merely eyeballing the photographs in question." Today, Senior First Circuit Judge Norman H. Stahl has issued an opinion concurring in the judgment criticizing as improperly lax the manner in which federal prosecutors can satisfy the requirement in a child pornography prosecution of proving that the children depicted in the images are real.
Posted at 03:58 PM by Howard Bashman


Following a retrial, the U.S. Court of Appeals for the Fourth Circuit upholds the conviction of former naval intelligence officer Jay Lentz for interstate kidnapping resulting in the death of his ex-wife: You can access today's ruling at this link.

The Washington Post previously provided extensive coverage of the case.
Posted at 03:40 PM by Howard Bashman



"In a case of first impression in this circuit, we address just such a set of challenges and largely conclude that public school mandatory dress policies survive constitutional scrutiny." In a ruling issued today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit rejects a student's constitutional challenge to the dress code policy of the Clark County, Nevada public schools.

Circuit Judge Sidney R. Thomas's dissenting opinion begins (footnotes omitted): "Kim Jacobs wanted to wear a T-shirt to Liberty High School containing a message expressing her religious beliefs as a member of the Church of Jesus Christ of Latter-day Saints. When she did, she was suspended four times, for a total of twenty-five days, because the only messages allowed on shirts were those promoting the school. She alleges that she was penalized academically, suffered emotional harm, and eventually was forced to transfer to another school." He concludes that "[o]n this record, the governmental interest in promoting 'school spirit' cannot come close to outweighing Kim Jacobs' First Amendment rights."

Update: At "The School Law Blog" of Education Week, Mark Walsh has a post titled "9th Circuit Upholds School Uniform Policy."
Posted at 02:44 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Court will decide case of Va. man on death row" and "Court turns down Chinese man's asylum claim."
Posted at 02:20 PM by Howard Bashman


"Getting on Scalia's Good Side": Today in The Daily Journal of California, Brent Kendall has this very interesting article reporting on his interview last week with Justice Antonin Scalia.
Posted at 12:28 PM by Howard Bashman


"Bush nominates a moderate judge; Both of Virginia's senators like Glen Conrad": This editorial appears today in The Roanoke Times.
Posted at 11:07 AM by Howard Bashman


Access online today's U.S. Supreme Court ruling in an argued case: The Court today issued its ruling in Gonzalez v. United States, No. 06-11612. Justice Anthony M. Kennedy issued the opinion of the Court, in which the Chief Justice and Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. Justice Antonin Scalia issued an opinion concurring in the judgment. And Justice Clarence Thomas dissented. You can access the opinion at this link and the oral argument transcript at this link.

The case presented the question "whether it suffices for counsel alone to consent to the magistrate judge's role in presiding over voir dire and jury selection [in a felony criminal trial conducted in federal court] or whether the defendant must give his or her own consent." By a vote of 8-1, the Court today ruled that the consent of counsel suffices even in the absence of the defendant's own consent.

In early news coverage, The Associated Press reports that "Court rules that magistrate may preside."
Posted at 10:37 AM by Howard Bashman



"Court won't block US lawsuit by apartheid victims": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court says it can't intervene in an important dispute over the rights of apartheid victims to sue U.S. corporations in U.S. courts because four of the nine justices had to sit out the case over apparent conflicts."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court allows South Africa case to go forward."

In an article headlined "Stock Holdings May Force Justices to Sit Out Apartheid Case" published on April 25, 2008, Brent Kendall of The Daily Journal of California anticipated this outcome.

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 10:20 AM by Howard Bashman



"War crimes trials and outside pressure": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:44 AM by Howard Bashman


"Next president might be gentler on pot clubs": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:40 AM by Howard Bashman


"'Gap kid' cases to go before Supreme Court": Yesterday in The Providence (R.I.) Journal, Edward Fitzpatrick had an article that begins, "The state Supreme Court on Tuesday will hear arguments in cases involving the 'gap kids' who were charged as adults during the 130 days that Rhode Island prosecuted 17-year-olds as adults."
Posted at 08:37 AM by Howard Bashman


"Domestic spying far outpaces terrorism prosecutions; As more Americans are watched, fewer cases are made; The trend concerns civil liberties groups as well as some lawmakers and legal experts": The Los Angeles Times contains this article today.
Posted at 08:33 AM by Howard Bashman


"Thomas tells grads of goal blocked by injustice": This article appeared yesterday in The Athens (Ga.) Banner-Herald.

And The Atlanta Journal-Constitution reported yesterday that "Thomas gives grads familiar advice."
Posted at 08:30 AM by Howard Bashman



"Six felons ruled retarded are spared execution": The Cleveland Plain Dealer contains this article today.
Posted at 08:27 AM by Howard Bashman


"Police in Gun Searches Face Disbelief in Court": This article appears today in The New York Times.
Posted at 08:10 AM by Howard Bashman


"In U.S. appeals courts, Reagan's influence endures; Conservative appointees now a dominant force in the law": Joan Biskupic has this front page article today in USA Today.
Posted at 07:55 AM by Howard Bashman


Sunday, May 11, 2008

"Judge’s Guantanamo Ruling Bodes Ill for System": The New York Times contains this news analysis today.

And The Washington Post reports today that "Adviser Barred From Detainee Case Over Bias Concerns."
Posted at 11:32 PM by Howard Bashman



"Voter ID Battle Shifts to Proof of Citizenship": This article will appear Monday in The New York Times.
Posted at 11:13 PM by Howard Bashman


"Scalia and Garner: First A Book, Now Performance Art." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:12 PM by Howard Bashman


Edward Fitzpatrick of The Providence (R.I.) Journal is reporting: In today's newspaper, he has articles headlined "Breathalyzer challenge argued in Rhode Island Supreme Court" and "As courts turn to e-filing, couriers get less work."

And in Friday's newspaper, he had an article headlined "Judge puts off same-sex divorce ruling."
Posted at 03:10 PM by Howard Bashman



"Justices to hear Pa. beer battle; Dispute could change how and where suds are sold": This article appears today in The Philadelphia Inquirer.
Posted at 03:00 PM by Howard Bashman


"Journalist facing fines urges press to protect 1st Amendment": The Associated Press provides a report that begins, "A former USA Today reporter facing fines for failing to reveal her sources for stories about the 2001 anthrax attacks said Saturday that news organizations need to go on the offensive in the fight to protect the First Amendment."
Posted at 02:55 PM by Howard Bashman


"Texas high court operates in secrecy, group claims; Watchdog says justices producing too many unsigned legal opinions": The Associated Press provides this article about a report that the group Texas Watch issued recently.
Posted at 08:40 AM by Howard Bashman


Saturday, May 10, 2008

"Standing for Change in the Courts? Good Luck." That was the headline of Al Kamen's "In the Loop" column published yesterday in The Washington Post.
Posted at 02:38 PM by Howard Bashman


"Stevens addresses lethal injections": The Chattanooga Times Free Press today contains an article that begins, "Supreme Court Justice John Paul Stevens drew a round of applause Friday night in Chattanooga when he suggested that the recently-euthanized Kentucky Derby horse Eight Bells had probably experienced a more humane death than those who die on death row."
Posted at 02:22 PM by Howard Bashman


"Following year of division, Supreme Court avoids 5-4 splits": Mark Sherman of The Associated Press provides this report.
Posted at 02:14 PM by Howard Bashman


"3 suspended for not standing for Pledge of Allegiance": The Minneapolis Star Tribune today contains an article that begins, "Three small-town eighth-graders in Minnesota were suspended by their principal for not standing Thursday morning for the Pledge of Allegiance, violating a district policy that the principal now says may soon be reworded to protect free speech rights."

And The Forum of Fargo, North Dakota reported on Friday that "3 D-G-F students sit, get punished."
Posted at 12:38 PM by Howard Bashman



"Mississippi's Tort Reform Triumph": Stephen Moore has this op-ed today in The Wall Street Journal.
Posted at 12:15 PM by Howard Bashman


"Tennessee's Trial Run": The Wall Street Journal today contains an editorial that begins, "Making things happen can be difficult in government, so Tennessee lawmakers have a plum assignment in the coming weeks. As the clock runs down on the state's method of judicial selection, the best thing they can do is nothing at all."
Posted at 12:14 PM by Howard Bashman


"Conservatives Supporting Shield Law for the Press": This article appears today in The New York Times.

And in related coverage, ABC News reports that "Reporter Faces Financial Ruin for Not Naming Sources; Former USA Today Reporter Appeals Contempt Order for Not Revealing Her Anonymous Sources, Faces Fines of up to $5,000 a Day."
Posted at 12:12 PM by Howard Bashman



"Judge disqualifies general from war-court case": Carol Rosenberg has this article today in The Miami Herald.

And The New York Times reports today that "Judge Drops General From Trial of Detainee."
Posted at 12:07 PM by Howard Bashman



"Reporter Explores America's Unique Take on Justice": This audio segment (RealPlayer required) consisting of an interview with Adam Liptak of The New York Times appeared on Thursday's broadcast of National Public Radio's "Fresh Air with Terry Gross" (via "LawBeat").
Posted at 12:00 PM by Howard Bashman


"9th Circuit Blasts U.S. Prosecutor for Withholding Documents": Pamela A. MacLean of The National Law Journal provides this report.

My earlier coverage of Tuesday's Ninth Circuit ruling appears at this link.
Posted at 11:40 AM by Howard Bashman



"The 2008 Bench Press: The most important decision a president ever makes? It's choosing a Supreme Court nominee. Voters, take note." Columnist Anna Quindlen has this essay in the May 12, 2008 issue of Newsweek.
Posted at 10:14 AM by Howard Bashman


"Persuasion: Justice Antonin Scalia is persuadable. Or he finally thinks you are." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:11 AM by Howard Bashman


Friday, May 9, 2008

The Associated Press is reporting: Now available online are articles headlined "Yale Club settles ex-nominee Bork's suit over 2006 stumble"; "Guantanamo detainees spread word to boycott trials": and "Government asks court to block wider testing for mad cow."
Posted at 05:20 PM by Howard Bashman


"Convincing a Federal Court of Appeals": Seventh Circuit Judge Richard A. Posner is the author of the May 2008 installment of "Tips from the Trenches" available online via the web site of the American Bar Association's Section of Litigation.
Posted at 05:12 PM by Howard Bashman


Joseph Goldstein of The New York Sun is reporting: An article headlined "Congress Seeks To Protect U.S. Authors" begins, "Congress is taking an even more aggressive approach than New York State in responding to the fining of American journalists and authors for libel by foreign courts."

And an article headlined "Gag on 2nd Amendment Is City's Aim in Guns Suit" begins, "Lawyers for Mayor Bloomberg are asking a judge to ban any reference to the Second Amendment during the upcoming trial of a gun shop owner who was sued by the city. While trials are often tightly choreographed, with lawyers routinely instructed to not tell certain facts to a jury, a gag order on a section of the Constitution would be an oddity."
Posted at 03:30 PM by Howard Bashman



"McCain Sings Same Old GOP Song On Justices; Republican Presidential Nominee Parrots Party Lines Bashing Judges": CBS News legal analyst Andrew Cohen recently had this "CourtWatch" column.
Posted at 03:25 PM by Howard Bashman


The Associated Press is reporting: Now available online, in coverage of cases pending before the U.S. Court of Appeals for the D.C. Circuit, are articles headlined "Reporter challenges ruling over sources in anthrax case" and "Plame seeks to resurrect lawsuit in CIA leak case."

An article headlined "Nevada judge accused of demanding royal treatment" begins, "Elizabeth Halverson is a judge. But the way courthouse staffers see it, she expects to be treated like a queen."

And in other news, "Kentucky death row inmate: 'I'm ready and I'm sorry'" and "Judge: Jury selection can begin in R. Kelly pornography case."
Posted at 02:50 PM by Howard Bashman



"Judge threatens to suspend war court trial; A military judge agreed with defense lawyers that they should have access to the log that tracked the life of a Canadian brought to the prison camp in 2002, at age 15": Carol Rosenberg has this article today in The Miami Herald.
Posted at 09:25 AM by Howard Bashman


"Court weighs whether to restrict 'business method' patents": The Associated Press provides a report that begins, "Is a baseball pitcher's method for throwing a curveball patentable? How about a chiropractor's techniques? A federal appeals court wrestled with those kinds of questions Thursday when it considered placing restrictions on patent protections for business practices. The case under review is being closely watched by financial services and software companies."

Reuters reports that "US court mulls standard for business method patents."

And Dow Jones Newswires report that "Appeals Panel Reviews Standard For Business-Method Patents."

You can download the audio of yesterday's en banc oral argument of the U.S. Court of Appeals for the Federal Circuit via this link (55.7MB mp3 audio file). [Update: Given the large size of the oral argument audio file, the Federal Circuit has recently made the oral argument available for download in two parts, consisting of part one and part two. Thanks to the Federal Circuit employee who drew this to my attention.]
Posted at 09:14 AM by Howard Bashman



"Send in the clones? Judges should be independent thinkers, not political partisans." This editorial appears today in USA Today.

The newspaper also contains an op-ed by Tony Perkins entitled "Restrain judicial activism: Judges should interpret the law and leave legislating to the people."
Posted at 08:52 AM by Howard Bashman



In commentary available from FindLaw: Edward Lazarus has an essay entitled "McCain's Remarks Regarding the Kind of Judges He Would Nominate As President: His Surprising Failure to Take Into Account the Rightward Turn of the Supreme Court and of the Law in Recent History."

And Vikram David Amar has an essay entitled "What the Supreme Court's Recent Decision Upholding Indiana's Voter ID Law Tells Us About the Court, Beyond the Area of Election Law."
Posted at 08:48 AM by Howard Bashman



"Obama on judges: Protect the powerless." James Oliphant has this post at "The Swamp" blog of The Chicago Tribune.
Posted at 08:45 AM by Howard Bashman


"Court orders American Indian to trial for shooting eagle": A more detailed report from The Associated Press on an interesting decision that Tenth Circuit Judge Michael W. McConnell issued yesterday refers to RFRA as the "Religious Freedom Restitution Act." My earlier coverage of the ruling appeared yesterday at this link.
Posted at 08:42 AM by Howard Bashman


"Bush nominates Va. judge to fill vacancy on 4th Circuit": The Associated Press provides a report that begins, "A federal judge in Virginia is President Bush's pick to fill one of several vacancies on the 4th U.S. Circuit Court of Appeals, widely viewed as the most conservative federal appellate bench in the country. The White House announced Thursday that Bush had nominated Glen E. Conrad to the Richmond, Va.-based appeals court, which has handled some of the country's biggest terrorism cases. Conrad has been a judge on the U.S. District Court for the Western District of Virginia since 2003. If confirmed by the Senate, Conrad would fill the seat of H. Emory Widener Jr., who died last year." You can access Judge Conrad's Federal Judicial Center biography at this link, while the official announcement of the nomination can be accessed here.

Yesterday's nomination means that there are two U.S. District Judges with the last name Conrad whose nominations to the U.S. Court of Appeals for the Fourth Circuit are now pending before the U.S. Senate. On July 17, 2007, President Bush nominated Chief Judge Robert J. Conrad, Jr. of the U.S. District Court for the Western District of North Carolina to the Fourth Circuit.
Posted at 08:33 AM by Howard Bashman



Thursday, May 8, 2008

"Republicans on the Senate Judiciary Committee on Wednesday closely questioned the qualifications, driving record and tax-payment history of a Michigan judge nominated to the federal court of appeals that hears cases for Michigan and other Midwestern states." So begins this article published today in The Detroit News.

You can now access by clicking here (RealPlayer required) the video of yesterday's hearing of the Senate Judiciary Committee for Sixth Circuit nominees Helene N. White and Raymond M. Kethledge.

Update: In other news coverage, Neil A. Lewis of The New York Times reports that "White House and Democrats Move on Ohio Court Plan."
Posted at 10:40 PM by Howard Bashman



Tenth Circuit holds that the Religious Freedom Restoration Act does not preclude the federal government from prosecuting a member of the Northern Arapaho Tribe of Wyoming who shot a bald eagle for use in the tribe's traditional religious ceremony: Circuit Judge Michael W. McConnell was the author of today's unanimous, 44-page opinion.

Today's ruling holds that "the Eagle Act and its regulations are the least restrictive means of pursuing the government's compelling interest in preserving the bald eagle."

In news coverage, The Associated Press reports that "Court rules against man in bald eagle-religion case."
Posted at 10:27 PM by Howard Bashman



"This case calls on us to address whether veterans who served on ships off the coast of Vietnam during the Vietnam War served 'in the Republic of Vietnam' and thus are entitled to the presumption of service connection if they suffer from one of the listed diseases." A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit today issued this ruling in a case involving claims for Agent Orange-related disability compensation.

Today's opinion explains that "[b]y regulation, the Department of Veterans Affairs has interpreted the phrase 'served in the Republic of Vietnam' to mean that the veteran's service must have involved 'duty or visitation' in the Republic of Vietnam in order for the veteran to be entitled to the statutory presumption of service connection." The Court of Appeals for Veterans Claims, however, rejected the agency's interpretation as unduly restrictive. In the decision issued today, the majority holds that "the agency's requirement that a claimant have been present within the land borders of Vietnam at some point in the course of his duty constitutes a permissible interpretation of the statute and its implementing regulation, and we therefore reverse the judgment of the Veterans Court."
Posted at 03:57 PM by Howard Bashman



"Court Issues Split Decision In Lucent-Microsoft Dispute": Dow Jones Newswires provide this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 03:48 PM by Howard Bashman


"McCain's half-truths about judges": Columnist Linda P. Campbell has this op-ed today in The Fort Worth Star-Telegram.

And online at The American Spectator, Quin Hillyer has an essay entitled "Judging McCain."
Posted at 03:15 PM by Howard Bashman



Programming note: I'm among the parents who will be accompanying my son's Latin class on a school trip today. Additional posts will appear here this afternoon.
Posted at 07:42 AM by Howard Bashman


"Court rules deal violated BP blast victims' rights; $50 million fine in plea bargain for refinery deaths yet to be approved": Today in The Houston Chronicle, Mary Flood has an article that begins, "A federal appeals court ruled Wednesday that the rights of victims of the 2005 BP explosion in Texas City were violated by Houston federal prosecutors and a judge, but the plea bargain they object to remains on the table."

Update: You can access yesterday's Fifth Circuit ruling at this link.
Posted at 07:40 AM by Howard Bashman



"GOP slows approval for judgeships; 3 Michigan nominees face tough questions from U.S. senators despite deal with Bush administration": This article appears today in The Detroit News.
Posted at 07:33 AM by Howard Bashman


Wednesday, May 7, 2008

"The sole question presented on appeal is whether a foreign citizen with no connection to the United States has a right to just compensation under the Fifth Amendment for a taking of property that occurs in a foreign country." A three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling today addressing that question.

The plaintiff alleged that she was the sole owner of a cafeteria located on property next to the U.S. Embassy in Tashkent, the capital of Uzbekistan. The plaintiff further alleged that local authorities destroyed the cafeteria at the request of the U.S. Embassy in order to increase the security of the embassy. Today's Federal Circuit ruling affirms the U.S. Court of Federal Claims' dismissal of the lawsuit.
Posted at 09:10 PM by Howard Bashman



"What McCain expects from federal judges: He pledges to nominate jurists who believe in 'clear limits to the scope of judicial power' and who are faithful to the Constitution." This article appears today in The Los Angeles Times.

Newsday reports today that "McCain says he'll appoint conservative judges."

The Winston-Salem Journal reports that "McCain tries to shore up credentials; He says he will follow Bush's lead with judicial picks."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "McCain Expresses Support for Conservative Judges" (RealPlayer required).

Meanwhile, in commentary, The Baltimore Sun today contains an editorial entitled "Challenging justice: A McCain court would tilt solidly right."

Today in The Chicago Tribune, Law Professor Geoffrey R. Stone has an op-ed entitled "McCain's justice: Conservative activism gone wild."

And today at National Review Online, Shannen W. Coffin has an essay entitled "Trust But Verify: McCain on judges."
Posted at 08:28 PM by Howard Bashman



"Comedy of errors as war court complex debuts": Carol Rosenberg of The Miami Herald has a news update that begins, "The Pentagon took its new $12 million war court complex out for a test run Wednesday with the arraignment of an alleged al Qaeda propagandist -- and the state-of-the-art facility failed."

And The Associated Press reports that "Glitches mar debut of Gitmo courthouse."
Posted at 08:10 PM by Howard Bashman



"Full house for U.S. chief justice at KU": This article appeared last Thursday in The Kansas City Star.

The Lawrence Journal-World reported last Thursday that "Chief justice comes in strong off bench; Lecture mixes history lesson, judicial principle, predictions for future and salute to Jayhawks."

Last Thursday's edition of The Topeka Capital-Journal contained an article headlined "Chief Justice: Internet brings complex questions."

The University Daily Kansan reported last Thursday that "Chief Justice discusses constitution; John G. Roberts Jr., covers Supreme Court decision making; The judge spoke at the Lied Center Wednesday night as part of an annual lecture series."

And the KU School of Business last Friday issued a news release headlined "Chief Justice John G. Roberts, Jr. delivers 2008 Vickers Lecture to sold-out crowd." Video of the Chief Justice's lecture may soon be available via that link.
Posted at 08:02 PM by Howard Bashman



"Tough questions for Michigan judges in Senate hearing": The Detroit News provides an update that begins, "A Senate Judiciary Committee hearing ended tensely Wednesday after two Republican senators questioned the qualifications, speeding tickets and tax-payment history of a Michigan judge nominated to the federal court of appeals that hears cases for Michigan and other Midwestern states."

And The Associated Press reports that "GOP senators question quick action on judicial nominee."
Posted at 06:08 PM by Howard Bashman



"Court: Gay marriage ban affects partner benefits; Mich. Supreme Court says public employees can't share health care with same-sex partners." The Detroit Free Press provides this news update.

And The Associated Press reports that "Mich. high court says gay partners can't get health benefits."

You can access today's ruling of the Supreme Court of Michigan at this link.
Posted at 05:50 PM by Howard Bashman



"Portland jury orders Payless to pay Adidas $304.6 million; Attorneys think the award is the largest ever in a trademark infringement case": This article appears today in The Oregonian.

And The Topeka Capital-Journal reports today that "Collective Brands hit with $305M trademark violation judgment." The newspaper has also posted online this PDF file consisting of the jury's 44-page verdict, which contains page after page of photographs of the sneakers at issue in the case.
Posted at 09:15 AM by Howard Bashman



"Westboro members miss bond deadline; Still, Westboro Baptist's property may not be confiscated right away": The Topeka Capital-Journal today contains an article that begins, "A missed deadline for two members of Westboro Baptist Church to post bond with a federal court in Maryland doesn't mean their property and the church property will be confiscated immediately."

And The Associated Press reports that "Phelpses fail to post bond."
Posted at 09:12 AM by Howard Bashman



"Coverage for reporters: A federal shield law allowing journalists to protect their sources benefits the public in the long run." This editorial appears today in The Los Angeles Times.
Posted at 09:08 AM by Howard Bashman


"A death sentence voided: The Adam Miranda case shows that the California death penalty costs too much in time, money and justice." Today's edition of The Los Angeles Times contains an editorial that begins, "If a respected entertainment lawyer had not decided 20 years ago to devote a substantial chunk of his life and work to helping a California death row inmate -- for free -- Adam Miranda would be dead by now."

My earlier coverage of Monday's ruling of the Supreme Court of California appears at this link.
Posted at 09:03 AM by Howard Bashman



"McCain says he will choose court justices in mold of Roberts, Alito": USA Today contains this article today.
Posted at 08:57 AM by Howard Bashman


"Prospective juror in pot trial caught smoking marijuana; Woman charged with drug possession on break from trial": This article appears today in The Houston Chronicle.
Posted at 08:45 AM by Howard Bashman


"As Executions Resume, So Do Questions of Fairness": The New York Times contains this article today, along with an editorial entitled "The Death Penalty Returns."

Today in The Washington Post, Robert Barnes reports that "Execution Is First Since Ruling; Lethal Injection In Georgia Ends 7-Month Pause."

And The Atlanta Journal-Constitution reports that "Killer put to death."
Posted at 08:40 AM by Howard Bashman



"Lawyers for Guantanamo Inmates Accuse U.S. of Eavesdropping": This article appears today in The New York Times.
Posted at 08:35 AM by Howard Bashman


"My Legal Cameo: Why We Convicted Thurman Stalker; Journal Reporter Goes Behind Scenes as Juror In Movie Star's Case." Wall Street Journal reporter Emily Steel today has this front page article in that newspaper.

And The New York Times reports today that "The Pursuer of Thurman Is Convicted."
Posted at 08:25 AM by Howard Bashman



"Court Decision Is Victory For Gay Marriage Backers": Today in The New York Sun, Joseph Goldstein has an article that begins, "Gay marriage advocates have won a partial victory in New York, as the state's highest court has left in place a lower court ruling that recognized a lesbian couple as being married."

And The Rochester (N.Y.) Democrat and Chronicle reports today that "County at crossroads over same-sex benefits lawsuit."
Posted at 08:15 AM by Howard Bashman



"Court upholds sanctions in Fieger suit against Mich. judge": The Associated Press provides this report. My earlier coverage of yesterday's Sixth Circuit ruling can be accessed here.

Meanwhile, in somewhat related news, The Detroit Free Press reports today that "Lawyer feared Fieger prosecution; Staff bonuses worried him, he testifies."

And The Detroit News reports today that "Fieger didn't tell him to hide memo, attorney testifies."
Posted at 08:04 AM by Howard Bashman



Tuesday, May 6, 2008

"FBI comparing blasts for links": The San Diego Union-Tribune today contains an article that begins, "The pipe bomb that blasted through the front of the downtown federal courthouse early Sunday morning wasn't sophisticated, but it was built to kill and was powerful enough to hurl shrapnel two blocks."
Posted at 10:55 PM by Howard Bashman


"McCain Says He Would Put Conservatives on Supreme Court": This article will appear Wednesday in The Washington Post, along with an editorial entitled "Red Meat, Overdone: John McCain does the federal judiciary a disservice."
Posted at 10:45 PM by Howard Bashman


"Lynd is first person in U.S. executed since moratorium; Execution delayed for final checks with courts": The Atlanta Journal-Constitution provides this news update.

And The Associated Press reports that "Ga. man executed, ending 7-month moratorium."
Posted at 09:33 PM by Howard Bashman



"'Pants Suit' Judge Suing for Job, $1M in Damages": The Associated Press provides a report that begins, "A former judge who lost a $54 million law suit against a dry cleaners over a missing pair of pants is suing to get his job back and at least $1 million in damages."
Posted at 06:15 PM by Howard Bashman


"Pa. high court orders removal of Philly judge": The Associated Press provides a report that begins, "Pennsylvania's high court has removed a Philadelphia judge because she pleaded guilty to using a bogus Social Security number on credit-card applications 24 years ago."

You can access today's ruling of the Supreme Court of Pennsylvania at this link.
Posted at 06:00 PM by Howard Bashman



"Kansas Supreme Court sends Tiller grand jury case back to Sedgwick County": The Wichita Eagle provides a news update that begins, "In a ruling that gave both sides of the abortion rights debate reason to celebrate, the Kansas Supreme Court outlined instructions for a Sedgwick County district judge to follow in determining whether more than 2,000 patient records should be produced by a Wichita abortion clinic. The state's high court unanimously ruled today that while a citizen petitioned grand jury is constitutional, it needs oversight from a trial judge. Kansas is one of only a handful of states that allow such a grand jury."

The Kansas City Star provides a news update headlined "Kansas high court upholds grand juries prompted by citizens."

And The Associated Press reports that "Court limits grand jury power in abortion case."

You can access today's ruling of the Supreme Court of Kansas at this link.
Posted at 03:47 PM by Howard Bashman



"This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available." So concludes a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today, affirming the dismissal of federal criminal indictments against three individuals because the federal prosecutors "egregiously failed to meet [their] constitutional obligations under Brady and Giglio."
Posted at 02:45 PM by Howard Bashman


"Ga. court denies execution stay to Lynd": The Associated Press provides a report that begins, "The Georgia Supreme Court on Tuesday denied William Earl Lynd's request for a stay of execution, paving the way for him to become the first inmate in the nation to face execution since the U.S. Supreme Court ruled that lethal injection is constitutional. Lynd is scheduled to die at 7 p.m. He was convicted of kidnapping and killing his live-in girlfriend, 26-year-old Ginger Moore, shooting her three times in the face and head nearly 20 years ago."

And The Atlanta Journal-Constitution provides a news update headlined "High court rejects appeal of man on death row; William Earl Lynd is scheduled to be executed Tuesday at 7 p.m."
Posted at 02:35 PM by Howard Bashman



"McCain's judicial creed: Stay out of it." James Oliphant has this post at "The Swamp" blog of The Chicago Tribune.

The web site of John McCain for President has now posted online the text of today's "Remarks By John McCain on Judicial Philosophy."
Posted at 02:33 PM by Howard Bashman



"Court voids inmate's death sentence; Judge Lance Ito was one of three prosecutors who failed to turn over confession in killing, state justices rule": This article appears today in The Los Angeles Times.

And Bob Egelko of The San Francisco Chronicle reports today that "Death sentence overturned for L.A. man."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 12:30 PM by Howard Bashman



"Man convicted in sex assault should be freed or retried, court rules; A federal appeals panel finds that a prosecution expert overstated the strength of DNA evidence; The man is serving a life sentence": The Los Angeles Times today contains an article that begins, "A Nevada man sentenced to life in prison for sexually assaulting a young girl should be freed or given a new trial because a prosecution expert exaggerated the strength of the DNA evidence against him, the U.S. 9th Circuit Court of Appeals ruled Monday. The ruling is thought to be one of the first of its kind in the country, experts said."

And The Reno Gazette-Journal reports today that "Appeals court tosses rape conviction, criticizes scientist's DNA testimony."

You can access yesterday's ruling from a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:00 AM by Howard Bashman



"Quiet Va. Wife Ended Interracial Marriage Ban": This obituary appears today on the front page of The Washington Post. In addition, Neely Tucker has written an "appreciation" headlined "Mildred Loving Followed Her Heart and Made History."

Today's edition of The New York Times contains an obituary headlined "Mildred Loving, Who Fought Marriage Ban, Dies."

The Richmond Times-Dispatch contains an obituary headlined "Wife in interracial marriage case dies; Mildred Loving, 68, helped abolish last piece of segregation."

And yesterday, The Free Lance-Star of Fredericksburg, Virginia published an obituary headlined "'Heroine' Mildred Loving dies at 68."

You can access the U.S. Supreme Court's ruling from June 12, 1967 in Loving v. Virginia via this link. And you can listen to the oral argument of the case by clicking here.
Posted at 10:50 AM by Howard Bashman



"McCain castigates Obama for voting against chief justice": The Associated Press provides a report that begins, "Republican John McCain castigated Democrat Barack Obama for voting against John Roberts as Supreme Court chief justice in a speech about the kind of judges McCain would nominate."

Posted today at the John McCain for President web site is a news release headlined "John McCain's Vision For The Federal Judiciary."
Posted at 10:27 AM by Howard Bashman



Sixth Circuit panel affirms the dismissal of attorney Geoffrey N. Fieger's vindictive prosecution action against Michigan Attorney General Michael Cox: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Coincidentally, Fieger is currently on trial in federal court on criminal charges of having made illegal monetary contributions to John Edwards' 2004 presidential campaign. In news coverage of that trial, The Detroit Free Press reports today that "Lawyer at Fieger's firm tells of FBI visit."

The Detroit News reports today that "Lawyer testifies of Fieger prep talk."

And last Saturday, The Detroit Free Press contained an article headlined "Lawyer for Fieger isn't taking static; Grumpy old man persona brings bit of humor to court" reporting on attorney Gerry Spence's defense of Fieger in the federal prosecution.
Posted at 10:20 AM by Howard Bashman



"Justice System For Detainees Is Moving At a Crawl; No Sept. 11 Trials Likely Before Bush Leaves Office, Officials Say": This front page article appears today in The Washington Post.
Posted at 08:55 AM by Howard Bashman


"In One Flaw, Questions on Validity of 46 Judges": Today in The New York Times, Adam Liptak has this installment of his "Sidebar" column.
Posted at 08:52 AM by Howard Bashman


"Justice O'Connor brings experience, wisdom to Boston; Invited to sit in during cases at US courthouse": This article appears today in The Boston Globe.

Today in The Providence Journal, Edward Fitzpatrick reports that "O'Connor hears R.I. land dispute."

On Monday, The Arizona Republic reported that "Justice's adobe home slated for preservation."

And Saturday's issue of The Minneapolis Star Tribune contained an article headlined "Ex-justice urges judges not to take the money if they run; Sandra Day O'Connor stresses the importance of a judiciary not shaped by donors with deep pockets."
Posted at 08:50 AM by Howard Bashman



"Justice Ginsburg visits Anchorage; Supreme Court jurist speaks at lawyers' convention": The Associated Press provides this report.
Posted at 08:45 AM by Howard Bashman


"About that word 'abridging' in the First Amendment ..." Ronald K.L. Collins has this essay online at the First Amendment Center.
Posted at 08:44 AM by Howard Bashman


"Turner v. Safley: high drama, enduring precedent." David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 08:40 AM by Howard Bashman


"A New York Appeals Court Allows Victims of the 1993 World Trade Center Bombing to Recover Massive Damages from the Port Authority: Should The Bombers' Culpability Have Lessened the Damages Award?" Anthony J. Sebok has this essay online today at FindLaw.
Posted at 08:30 AM by Howard Bashman


Available online from law.com: Tony Mauro has articles headlined "Judge Pay Hike May Be Running Out of Steam; Bill to raise salaries hitting snags in the Senate" and "David E. Kelley's 'Boston Legal' Takes On the Roberts Court."

In other news, "Morgan Lewis Adds Texas Solicitor General."

An article reports that "Online Pretrial Publicity Draws Fire; Lawyers posting detailed descriptions of ongoing cases may fuel bias, taint jury pool."

And in news from Pennsylvania, "Having Sex With Your Entree? Not So Fast, Says Court; Commonwealth Court of Pennsylvania rules against Club Kama Sutra in dispute with city of Philadelphia." You can access last Friday's ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 08:28 AM by Howard Bashman



"Central Texas man on death row maintains innocence as many believe his trial was unfair": Today's edition of The Dallas Morning News contains an article that begins, "Jurors sentenced Rodney Reed to death after DNA evidence showed he'd had sex with 19-year-old Stacy Stites, found strangled in the brush off a remote country road. But a decade since Mr. Reed, who is black, first proclaimed his innocence, the case that rocked the small Central Texas town of Bastrop remains on appeal -- amplified by an online movement to free Mr. Reed and continued scrutiny of Texas' use of the death penalty in racially charged cases."
Posted at 08:20 AM by Howard Bashman


"Execution date for teens' killer set for Aug. 5; Medellin's lawyer hopes to stop it, saying client didn't get to talk to consulate": This article appears today in The Houston Chronicle.

And The Fort Worth Star-Telegram reports today that "Harris County judge sets execution date."
Posted at 08:15 AM by Howard Bashman



"Lethal injection still set tonight; Clemency denied, but lawyers for killer of girlfriend hope the state Supreme Court will grant a stay today": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Condemned killer William Earl Lynd was denied clemency Monday, setting him on course to be executed by lethal injection tonight. Unless granted a stay, Lynd will be the first inmate executed nationwide since September when the U.S. Supreme Court decided to hear a challenge to lethal injection procedures. Last month, the court upheld the constitutionality of lethal injection, ending a de facto moratorium on executions."
Posted at 08:14 AM by Howard Bashman


"Strip clubs ask Texas high court to stop fee collection": The Houston Chronicle today contains an article that begins, "An association representing strip clubs asked the Texas Supreme Court on Monday to stop the state from collecting a new fee that a trial court has ruled unconstitutional."
Posted at 08:10 AM by Howard Bashman


Monday, May 5, 2008

Justice Antonin Scalia appeared on yesterday's broadcast of C-SPAN's "Q & A": You can now view the video online, on demand, by clicking here (RealPlayer required). Sometime soon, C-SPAN will post a transcript of Justice Scalia's appearance at this link.
Posted at 02:45 PM by Howard Bashman


"Explosion damages federal courthouse": The San Diego Union-Tribune today contains an article that begins, "A pipe bomb or group of pipe bombs exploded at the Edward J. Schwartz U.S. Courthouse downtown early yesterday, sending shrapnel flying hundreds of yards."

And The Los Angeles Times reports today that "Explosion rattles federal courthouse in San Diego; The early-morning blast shatters glass and damages lobby, but no one is injured."
Posted at 09:10 AM by Howard Bashman



"Why We Need a Shield Law": In today's edition of The Washington Post, U.S. Senator Arlen Specter (R-Pa.) has an op-ed that begins, "Attorney General Michael Mukasey is wrong when he says we do not need a federal media shield law."
Posted at 09:00 AM by Howard Bashman


"Ye Shall Be Judged -- Not": Today in The Washington Post, Michael Abramowitz's "In the Loop" column begins, "President Bush hasn't been having an easy time lately with Congress: One case in point is the ongoing confrontation over his judicial nominations."
Posted at 08:55 AM by Howard Bashman


"Fiscal Pressures Lead Some States to Free Inmates Early": This front page article appears today in The Washington Post.
Posted at 08:54 AM by Howard Bashman


"Justice Ginsburg on Women in the Law": You can view this past Saturday's broadcast of C-SPAN's "America and the Courts" by clicking here (RealPlayer required).
Posted at 08:25 AM by Howard Bashman


Available online from law.com: An article reports that "11th Circuit OKs Suit Based on Sexual Language in Office; Panel allows suit for language derogatory to women -- but not aimed at the plaintiff -- to go forward." You can access last Monday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

And in other news, "Grand Jury Indicts Texas Supreme Court Justice's Wife on Felony Counts of Arson." My most recent earlier coverage appears at this link.
Posted at 08:20 AM by Howard Bashman



"Texas Supreme Court overturns Mansfield couple's award against homebuilder": Saturday's edition of The Dallas Morning News contained an article that begins, "The Texas Supreme Court ruled Friday in favor of Houston homebuilder Bob Perry, the state's most prolific campaign contributor, in a case homeowner advocates say reflects the influence of big money over elected judges."

The Houston Chronicle reported on Saturday that "Court tosses award against Perry Homes; $800,000 given in arbitration case to house owners voided in 5-4 ruling."

And The Associated Press reports that "Texas Supreme Court ruling sides with prolific donor."

Friday's ruling of the Supreme Court of Texas consisted of the opinion of the court; a concurring opinion; and two opinions concurring in part and dissenting in part (here and here).
Posted at 08:10 AM by Howard Bashman



Sunday, May 4, 2008

"When Law Prevents Righting a Wrong": Adam Liptak has this article in the Week in Review section of today's issue of The New York Times.
Posted at 11:38 PM by Howard Bashman


"Bomb explodes at federal courthouse in San Diego; The early-morning blast shatters glass and damages lobby, but no one is injured": The Los Angeles Times provides this news update.

And The San Diego Union-Tribune provides a news update headlined "Bomber targets San Diego courthouse." According to the article, "The FBI announced Sunday afternoon that the courthouse, on Front Street near Broadway, would be closed Monday."
Posted at 10:35 PM by Howard Bashman



Saturday, May 3, 2008

"Deal Struck on Pakistan Judges; Ruling Coalition Agrees to Reinstate Chief Justice, 60 Others": This article appears today in The Washington Post.

And The New York Times reports today that "Agreement Will Restore Court Judges in Pakistan."
Posted at 08:44 PM by Howard Bashman



"Court reinstates death sentence": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court reinstated the death sentence of a self-described professional robber Friday for fatally stabbing two men during the burglary of a Los Angeles-area drug dealer's home in 1982."

You can access yesterday's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:40 PM by Howard Bashman



"Hey, What About the 24th? The constitutional amendment about voting rights that the Supreme Court forgot." Bruce Ackerman and Jennifer Nou have this jurisprudence essay online at Slate.
Posted at 08:30 PM by Howard Bashman


"Suits question how Kan. prosecutor handled abortion records": The Associated Press provides this report.
Posted at 07:55 PM by Howard Bashman


"Zion mans hopes judge will let him change his name to 'In God We Trust'": The Daily Herald of Arlington Heights, Illinois contains this article today.
Posted at 07:50 PM by Howard Bashman


"After Hiatus, States Set Wave of Executions": This article appears today in The New York Times.
Posted at 07:47 PM by Howard Bashman


Friday, May 2, 2008

"Writing, Cognition, and the Nature of the Judicial Function": Law Professor Chad M. Oldfather has this article in the April 2008 issue of The Georgetown Law Journal (via "Concurring Opinions").
Posted at 09:00 PM by Howard Bashman


"Rational Judicial Behavior: A Statistical Study." William M. Landes and Richard A. Posner have posted this article (abstract with links for download) online at SSRN (via "Legal Theory Blog").
Posted at 08:54 PM by Howard Bashman


"Lethal injection: a one-drug alternative?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:37 PM by Howard Bashman


"University of Portland to Honor Circuit Judge Edward Leavy": The U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 05:45 PM by Howard Bashman


D.C. Circuit reinstates lawsuit filed by man seeking a court order requiring the Attorney General to act on the man's request to renounce his United States citizenship: You can access today's ruling at this link. In seeking to renounce his citizenship, the man was relying on a statutory provision codified at 8 U.S.C. sec. 1481(a)(6).
Posted at 10:52 AM by Howard Bashman


"The victim's voice: Statements by a woman murdered by her boyfriend should be allowed to stand in his conviction." Today's edition of The Los Angeles Times contains an editorial that begins, "In a case reminiscent of the story of the boy who killed his parents and then asked for mercy because he was an orphan, the U.S. Supreme Court has been asked to overturn a California man's murder conviction because the victim's statements about his violent nature were read in court. The case is legally more complex than the apocryphal story about the orphan, but the principle is the same: A defendant shouldn't benefit from silencing his accuser."
Posted at 10:01 AM by Howard Bashman


"Court says feds don't have to reveal names": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The federal government doesn't have to reveal the names of employees involved in a bungled operation to a private watchdog group that doesn't trust official investigations of the incident, a federal appeals court ruled Thursday."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:55 AM by Howard Bashman



"Court Orders Tyson to Suspend Ads For Antibiotic-Free Chicken": The Washington Post today contains an article that begins, "Poultry giant Tyson Foods has 14 days to dismantle a national multimillion dollar ad campaign centered on the claim that its chickens are raised without antibiotics, a federal appeals court in Richmond ruled yesterday."

And The Baltimore Sun reports today that "Tyson bid denied for stay on pulling drug-free ads."

I have posted online at this link Wednesday's order of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 09:54 AM by Howard Bashman



"Notes From the War on Terror": Today's edition of The New York Times contains an editorial that begins, "For more than a year, President Bush has refused to honor legitimate requests from the Democratic majority in Congress for legal documents that he used to justify ordering the abuse, humiliation and torture of prisoners. This week, the Justice Department finally agreed to show some papers to members of the House and Senate. Sounds like good news? Not so much."
Posted at 09:38 AM by Howard Bashman


"Al Jazeera TV journalist released; At Guantanamo, a long-held Arab cable news journalist was freed, while a military judge denied a Canadian captive's 'child soldier' defense": Carol Rosenberg has this article today in The Miami Herald.

And The New York Times reports today that "Cameraman Is Released From Guantanamo."
Posted at 09:35 AM by Howard Bashman



"Teacher fired for refusing to sign loyalty oath; Cal State system ousts another instructor who objects on religious grounds to a pledge adopted by California in 1952 to root out communists": The Los Angeles Times contains this front page article today.
Posted at 09:32 AM by Howard Bashman


"McCain's Birth Abroad Stirs Legal Debate; His Eligibility for Presidency Is Questioned": This article appears today in The Washington Post.
Posted at 09:27 AM by Howard Bashman


"False Claims Gold Rush": The Wall Street Journal today contains an editorial that begins, "Imagine handing the tort bar a huge new lawsuit business, funded with dollars owed to taxpayers. Imagine that those doing this favor are Senate Democrats and Republicans. Welcome to the legal gold rush occurring under the cover of 'reforming' the False Claims Act."
Posted at 09:05 AM by Howard Bashman


"The verdict on 'Thurgood': It's excellent." This theater review appears today in USA Today.
Posted at 09:00 AM by Howard Bashman


"Amazon.com Sues To Strike Down New N.Y. Tax Law": Today in The New York Sun, Joseph Goldstein has an article that begins, "Amazon.com is fighting back with a lawsuit trying to strike down New York state's new law forcing the online retailer to collect sales taxes on the state's behalf. The dispute, which is before a state court in Manhattan, is heading toward a constitutional showdown that will center on whether New York State is hindering interstate commerce by imposing on out-of-state companies, such as Amazon.com, the burden of serving as a tax collector for New York."

And The New York Times reports today that "Amazon Sues Over State Law on Collection of Sales Tax."
Posted at 08:57 AM by Howard Bashman



"Giuliani's Next Campaign: Appellate Limelight; Recent key additions signal bid to take on established players." This article appears in this week's issue of The National Law Journal.
Posted at 08:55 AM by Howard Bashman


"Overpaid Judges": The New York Sun today contains an editorial that begins, "If the judges in the State of New York want to understand why the people of the State of New York haven't raised their pay in nearly a generation, let them study the decision handed down this week by Judge Jonathan Lippman in the case involving the first bombing of the World Trade Center. It's hard to recall a decision that is more outrageous. Judge Lippman, whom Governor Spitzer appointed to the First Department, upheld the notion that the Port Authority was 68% liable for the 1993 World Trade Center bombing, while the terrorists were only 32% liable."

And yesterday in that newspaper, Theodore Frank had a related op-ed entitled "Blame Port Authority."

My earlier coverage of the ruling appears at this link.
Posted at 08:54 AM by Howard Bashman



"Woman can sue Marshall over ban on dancing": Yesterday's edition of The Ashville (N.C.) Citizen-Times contained an article that begins, "A Madison County woman banned seven years ago from a Marshall dance hall on allegations that her gyrations were sexually suggestive has won the right to take her lawsuit against the town to trial. A three-judge panel of the 4th Circuit Court of Appeals in Richmond, Va., issued a ruling Wednesday overturning the 2003 dismissal of Rebecca Willis' lawsuit. The decision means the case can proceed to trial on the question of whether the town violated her constitutional right to equal protection under the 14th Amendment by singling her out and banning her for life from the town’s public music arena, said her attorney, Jon Sasser, of Raleigh." The article also features a photograph of the plaintiff.

My earlier coverage of Wednesday's Fourth Circuit ruling appears at this link.
Posted at 08:45 AM by Howard Bashman



"Significant risks: Gonzales v Carhart and the future of abortion law." Pulitzer Prize-winning historian David J. Garrow will have this interesting essay as the lead piece in this year's issue of The Supreme Court Review.
Posted at 08:34 AM by Howard Bashman


"Behind the Delays in Confirming Judges: What the partisan battles mean to Bush's legal legacy." Emma Schwartz has this article online at U.S. News & World Report.

CQ Politics reports that "Leahy's Action on Judges Not What Senate Republicans Had in Mind."

And at "The Swamp" blog of The Chicago Tribune, James Oliphant has a post titled "Showdown over federal judges looming."
Posted at 08:27 AM by Howard Bashman



"Marshal faces World Series investigation; Deputies allegedly drove Fox announcers to Fenway": The Boston Globe today contains an article that begins, "Federal authorities are investigating whether the head of the US Marshals Service in Boston assigned deputy marshals, normally charged with tracking fugitives and protecting judges, to ferry Fox Sports broadcasters Tim McCarver and Joe Buck between their hotel and Fenway Park during last year's World Series. The Justice Department's office of the inspector general in Boston is looking into whether Yvonne Bonner overstepped her authority as acting US Marshal in Boston or violated any ethics rules by allegedly ordering her deputies to essentially serve as private taxi drivers, according to two law enforcement officials and other people familiar with the investigation."
Posted at 08:18 AM by Howard Bashman


Thursday, May 1, 2008

"Ore. court rejects medical costs claim on tobacco industry": The Associated Press provides a report that begins, "The same Oregon court that slapped Big Tobacco with a huge punitive damages award has handed the industry a victory by rejecting a class-action lawsuit for medical monitoring costs in a case where harm had yet to occur. Oregon's high court ruled unanimously Thursday that smokers must show actual harm to make a negligence claim against cigarette manufacturers - not just the possibility they will be harmed."

You can access today's ruling of the Supreme Court of Oregon at this link.
Posted at 10:00 PM by Howard Bashman



"6th Circuit to Rehear Major NCLB Case": At "The School Law Blog" of Education Week, Mark Walsh has a post that begins, "A federal appeals court today agreed to re-examine a ruling by a panel of the court that revived a lawsuit challenging the No Child Left Behind Act for imposing unfunded mandates on states and school districts."

Today's order grants rehearing en banc of a ruling that a divided three-judge panel issued in January 2008. My earlier coverage of that ruling appears at this link.
Posted at 04:12 PM by Howard Bashman



"Fourth Circuit Decides Two Important Campaign Finance Cases, Raising Issues that Could Get En Banc or Supreme Court Attention": Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 04:05 PM by Howard Bashman


Unanimous three-judge Fourth Circuit panel rejects constitutional challenge to North Carolina's system of voluntary public financing for candidates seeking election to that state's appellate courts: Attorney James Bopp, Jr. was on the winning side of the case mentioned in the post immediately below, but Bopp ends up on the losing side of this ruling, which the U.S. Court of Appeals for the Fourth Circuit also issued today.

The judge who wrote the dissenting opinion in the decision discussed immediately below wrote the opinion of the court rejecting the challenge to the public financing of campaigns for appellate judgeships. He was the only judge involved in these two rulings who served on both panels.
Posted at 03:30 PM by Howard Bashman



Divided three-judge Fourth Circuit panel holds unconstitutional various provisions of North Carolina's law governing the financing of political campaigns: You can access today's ruling, on a challenge brought by the organization North Carolina Right to Life, Inc., at this link.
Posted at 03:22 PM by Howard Bashman


"Federal appeals court won't yet overturn 'Plan B' ruling": Reuters provides a report that begins, "A federal appeals court on Thursday left in place a lower court's ruling that allowed Washington state pharmacists to refuse to sell emergency contraceptive 'morning after' pills on religious grounds."

You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:00 PM by Howard Bashman



After all, the case did involve trying to recoup from the federal government the value of lost medication to facilitate weight loss and to prevent baldness and erectile dysfunction: The price of liberty can be steep, the U.S. Court of Appeals for the Federal Circuit today reminds AmeriSource Corporation.

The concluding paragraph of an opinion that a unanimous three-judge Federal Circuit panel issued today begins, "It is unfair that any one citizen or small group of citizens should have to bear alone the burden of the administration of a justice system that benefits us all. But the war memorials only a short distance from the Federal Circuit courthouse remind us that individuals have from time to time paid a dearer price for liberties we all enjoy."

Accordingly, the Federal Circuit has today affirmed the rejection of AmeriSource's request to recover $150,826.26 from the federal government, representing the lost value of Viagra, Propecia, and Xenacil that the federal government seized in a criminal investigation.
Posted at 11:50 AM by Howard Bashman



"Alleged Driver for Bin Laden Boycotts Military Hearing": The Washington Post contains this article today.

And today in The Miami Herald, Carol Rosenberg reports that "Bin Laden's driver can send notes to detainees."
Posted at 09:40 AM by Howard Bashman



"Closing Arguments in Suit on Veterans' Mental Care": This article appears today in The New York Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Vets' case rests with call to overhaul system."
Posted at 09:34 AM by Howard Bashman



"Dead soldiers' parents seek class action for T-shirt lawsuit": The Associated Press provides a report that begins, "A Tennessee couple who lost their son in Iraq want an Arizona merchant to pay more than $40 billion in damages to survivors of soldiers whose names are on the anti-war shirts he is selling online. A complaint seeking class-action status for the lawsuit by Robin and Michael Read says Dan Frazier of Flagstaff has no right to profit from commercial sale of products that use the dead soldiers' names without permission."

And last Friday, The Arizona Republic reported that "Tenn. family sues maker of war T-shirt."
Posted at 09:30 AM by Howard Bashman



"Justice Dept. Will Share Interrogation Opinions": The New York Times today contains an article that begins, "In a partial concession to Congressional pressure, the Bush administration agreed on Wednesday to show the Senate and House Intelligence Committees secret Justice Department legal opinions justifying harsh interrogation techniques that critics call torture."

And The Washington Post reports today that "Lawmakers to See Secret Documents."

John P. Elwood, deputy assistant attorney general for the Office of Legal Counsel, was the Justice Department's representative who testified at yesterday's hearing of the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Property Rights. The title of yesterday's hearing was "Secret Law and the Threat to Democratic and Accountable Government." You can view video of the hearing by clicking here (RealPlayer required).
Posted at 09:22 AM by Howard Bashman



"U.S. Appeals Court Rejects City's Suit to Curb Guns": This article appears today in The New York Times.

Today in The New York Sun, Joseph Goldstein reports that "Bloomberg Anti-Gun Suit Suffers a Blow."

The New York Daily News reports that "Appeals court dismisses NYC's suit against gun makers."

The New York Post reports that "City suit misfires; Gun makers win."

And law.com reports that "2nd Circuit Dismisses NYC's Suit Against Gun Manufacturers; Gun makers found insulated under U.S. law."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:50 AM by Howard Bashman



"Trials and Triumphs on the Road to Justice": The New York Times today contains this review of the new play "Thurgood," which officially opened on Broadway last night. The review calls the play "surprisingly absorbing, at times even stirring."

And a review from Hollywood Reporter via Reuters is headlined "Fishburne wins case in rather dry 'Thurgood.'"
Posted at 08:44 AM by Howard Bashman



"Law Professor Accuses Students of Defamation": This article appears today in The New York Times.
Posted at 08:38 AM by Howard Bashman


"Cuomo Balks in Case on Judges' Pay; Refuses to Lead Defense in Judge Kaye's Lawsuit": Joseph Goldstein has this article today in The New York Sun.
Posted at 08:28 AM by Howard Bashman


"Feds ask for review of Nacchio case; Responding to a decision to toss Nacchio's conviction, Justice requests a rehearing before the full 10th Circuit": This article appears today in The Denver Post.

And The Rocky Mountain News reports today that "U.S. tries long shot on Nacchio; Appeals court asked to affirm 2007 conviction."

You can view at this link the federal government's petition for rehearing en banc filed yesterday in the U.S. Court of Appeals for the Tenth Circuit.
Posted at 08:20 AM by Howard Bashman



"Grand jury indicts justice's wife on arson charge": The Houston Chronicle provides a news update that begins, "For the second time, a Harris County grand jury indicted the wife of Texas Supreme Court Justice David Medina, alleging she burned down the couple's Spring home and damaged two neighbors' homes in a fire last year."

law.com reports that "Second Grand Jury Looking Into Fire at Texas Justice's House."

And The Associated Press reports that "Texas Supreme Court justice's wife re-indicted in house fire."
Posted at 12:10 AM by Howard Bashman



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