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Thursday, December 4, 2008 Programming note: I'll be participating in an appellate mediation this morning at the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here later today. Posted at 07:58 AM by Howard Bashman Wednesday, December 3, 2008 "Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III": Nelson Lund and David B. Kopel have posted this paper online at SSRN (via "The Volokh Conspiracy"). Posted at 11:10 PM by Howard Bashman "Paterson Criticizes Panel for Its Judicial Selections": Thursday's edition of The New York Times will contain an article that begins, "Gov. David A. Paterson on Wednesday blasted the state commission that recommends candidates for chief judge, saying it was an outrage and an injustice that not one of the seven people presented to him was a woman." Posted at 11:07 PM by Howard Bashman "Mukasey Sees No Necessity for Pardons in Terror War": This article will appear Thursday in The New York Times. Posted at 11:05 PM by Howard Bashman "Justices Look Anew at Case in Which Oregon Court Has Twice Rebuffed Them": Adam Liptak will have this article Thursday in The New York Times. Thursday in The Washington Post, Robert Barnes will have an article headlined "Court May Decide What Size Award Violates Rights; At Issue: Punitive Damages, Due Process." Thursday in The Christian Science Monitor, Warren Richey will have an article headlined "US Supreme Court takes up tobacco case for third time; The case involves an ongoing tug of war between the high court and the highest court in Oregon." And The Oregonian provides a news update headlined "Supreme Court hears Oregon tobacco case - again." "Justices' irritation with lower court could save tobacco giant millions": Michael Doyle of McClatchy Newspapers has this report. Posted at 10:55 PM by Howard Bashman "Lori Drew Is a Meanie: The problem with prosecuting cyber-bullying." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 10:45 PM by Howard Bashman "7th Circuit's Boim decision": A "How Appealing" reader emails: Thanks to your post, I spent two hours this afternoon reading the fascinating majority and dissenting opinions in the Boim case. There is always much to be learned from a Judge Posner opinion.Of course, this reader is correct. As Wikipedia reports, "Mudd escaped the death penalty by one vote and was sentenced to life imprisonment." And fewer than four years later, "Mudd was pardoned by President Andrew Johnson." Wikipedia further reports that "Dr. Mudd was just 49 years old when he died of pneumonia on January 10, 1883," nearly fourteen years after the presidential pardon. Much more information about Dr. Samuel A. Mudd can be accessed via this link. Thanks much to the author of this email for sending it along. And in additional coverage of today's ruling, Bloomberg News reports that "Holy Land Foundation Terrorism Case Reinstated." "Third and Long for Philip Morris?" ABC News correspondent Jan Crawford Greenburg has this post at her "Legalities" blog. Posted at 03:20 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument in Philip Morris USA Inc. v. Williams, No. 07-1216: The Court has posted the transcript at this link. Posted at 03:03 PM by Howard Bashman "Ahmed Ressam sentenced to 22 years for LAX millennium bomb plot; Convicted millennium terrorist Ahmed Ressam was resentenced this morning to 22 years in federal prison despite telling a judge that he had recanted everything he has told the federal government": The Seattle Times provides this news update. The Seattle Post-Intelligencer has a news update headlined "Ressam gets same sentence after recanting terrorism information." And The Associated Press reports that "Judge gives millennium terrorist same 22-year term." En banc U.S. Court of Appeals for the Seventh Circuit reinstates $156 million judgment awarded to parents of teenager randomly shot to death in Israel by gunmen believed to be acting on behalf of the terrorist organization Hamas: Circuit Judge Richard A. Posner wrote the majority opinion on behalf of the en banc court. Back in December 2007, a divided three-judge Seventh Circuit panel set aside the judgment via an opinion you can access here. My coverage of that ruling appeared here, here, and here. The Seventh Circuit has made the audio of the en banc reargument available for download via this link (13.2MB mp3 audio file). In early coverage of today's en banc decision, The Associated Press reports that "Court upholds $156M Palestinian terror verdict." "Smoker's widow seeks $79.5M award at high court": Mark Sherman of The Associated Press has a report that begins, "A cigarette maker and a smoker's widow squared off at the Supreme Court on Wednesday for the third time over a $79.5 million punitive damages award, but the real battle was between the justices and their counterparts on Oregon's high court." And at "SCOTUSblog," Lyle Denniston has a post titled "New briefing on tobacco case? Maybe." Access online the video of yesterday's oral argument before the Supreme Court of Florida in a case presenting the question of when, if ever, should an appellate judge face discipline for what his or her written judicial opinion says? The oral argument video can be accessed in both RealPlayer and Windows Media Player formats. Also available online is a somewhat confusing real-time transcript compiled from the closed-captioning of the oral argument proceeding. My most recent earlier posts pertaining to yesterday's oral argument of this case can be accessed here, here, and here. "Court rejects appeal by Trolley Square victim's parents; They sought to extend sentence of man who illegally sold gun to killer": Pamela Manson has this article today in The Salt Lake Tribune. And The Deseret News reports today that "Court rejects appeal by parents in Trolley death." My earlier coverage of yesterday's Tenth Circuit ruling appears at this link. "Ex-congresswoman 'disgusted' by A.G. pick; The ex-wife of Joe Waldholtz says Holder investigated her excessively": This article appears today in The Salt Lake Tribune. Posted at 11:52 AM by Howard Bashman "D.C. Circuit Panel Bars Live Sketching, Then Fumes at Art": This morning at "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "There was neither a published nor unpublished opinion--no formal judgment at all--for this federal appeals court decision: A sketch artist was barred from capturing oral argument in a high-profile Guantanamo detainee case." Posted at 09:25 AM by Howard Bashman "Court considers Title IX's relation to civil rights law": Joan Biskupic has this article today in USA Today. And The Cape Cod Times reports today that "Supreme Court hears Cape harassment case." "Government as cyber-bully: The tactic that won a conviction in the tragic MySpace suicide case is a misuse of Internet regulations." This editorial appears today in The Los Angeles Times. And today's edition of USA Today contains an editorial entitled "MySpace case bends the law: Missouri mom deserves reproach, but prosecution raises concerns" and an op-ed in response by Nick Akerman entitled "The law fits the crime: Fraud and Abuse Act addresses harassment; concerns lack merit." "Another Obstacle for Affirmative Action, And Congress Is Prepared to Fight": In today's edition of The Washington Post, "Federal Diary" columnist Joe Davidson has an essay that begins, "On Nov. 4, amid all the excitement surrounding Barack Obama's election, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit struck down a Pentagon program that included a 5 percent set-aside for companies run by African Americans, Asian Americans, Hispanic Americans and Native Americans." The ruling, of course, didn't elude anyone's attention here at "How Appealing," as I had this post about the ruling just moments after it issued. "The Scales of Justice: The Supreme Court ponders a case of power plants vs. fish." The Washington Post contains this editorial today. Posted at 08:54 AM by Howard Bashman "Republican Chambliss Wins Georgia Runoff; Emphatic Victory Leaves Democrats Without Filibuster-Proof Majority in Senate": This article appears today in The Washington Post. The Atlanta Journal-Constitution reports today that "Chambliss wins one for the party; Win means no supermajority for Democrats." In The Chicago Tribune, James Oliphant and Richard Fausset report that "Chambliss win in Georgia a blow to Democrats; Senate Republican 'firewall' holds seat in runoff triumph." USA Today reports that "GOP's Chambliss easily wins Senate runoff; Ga. race thwarts Dems' hopes for a filibuster-proof majority." And The Wall Street Journal reports that "Chambliss Secures Georgia Win; Republican's Senate Runoff Victory Dashes Democratic Hopes for a Super-Majority." "D.C. Council Supports Gun Control Revisions": The Washington Post today contains an article that begins, "The D.C. Council voted unanimously yesterday to give preliminary approval to legislation that would require gun owners to renew their registrations every three years and to notify police annually whether they still own guns. The Fire Arms Registration Amendment, which would also ban assault weapons, was described as building on legislation passed by the council in September to adhere to the U.S. Supreme Court ruling overturning the city's 32-year handgun ban." Posted at 08:47 AM by Howard Bashman "Federal Prosecutor Is Making Inquiries in the Investigation of the Dismissal of U.S. Attorneys": This article appears today in The Washington Post. Posted at 08:44 AM by Howard Bashman "Panel Rules Jail Stabbing Constituted Terrorism": Today's edition of The New York Times contains an article that begins, "A reputed former leader of Al Qaeda who is serving 32 years in prison for stabbing a jail guard in 2000 must be resentenced, a federal appeals panel in Manhattan ruled on Tuesday, because a judge wrongly concluded that the man's crime did not meet the legal standard for terrorism." The New York Daily News reports today that "Bin Laden thug could get more jail." And Reuters reports that "Accused Qaeda aide to be resentenced for stabbing." My earlier coverage of yesterday's Second Circuit ruling appears at this link. "The Next Attorney General": The New York Times contains this editorial today. Posted at 08:25 AM by Howard Bashman "The Dread Lock decision: SJC backs Rastafari." This article appears today in The Boston Herald. The Republican of Springfield, Massachusetts reports today that "Court rules grooming policy suit can proceed." The Boston Globe reports that "SJC rules religious rights top company's." And The Associated Press reports that "Rastafarian can sue over employer hair policy." You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link. "Lawyers grilled in judge's ethics case": Today's edition of The Pensacola News Journal contains an article that begins, "Five Florida Supreme Court justices Tuesday gave a lively grilling to lawyers arguing ethics charges against an appellate judge. In August, 1st District Court of Appeal Judge Michael E. Allen appealed the Judicial Qualification Commission's recommendation that he be publicly reprimanded for a 2006 opinion in which he questioned the actions of fellow Judge Charles Kahn." Last night, I had this post linking to additional coverage of yesterday's oral argument. "Obama's Plan to Close Guantanamo Forces Decision About Inmates": James Rowley of Bloomberg News provides this report. And The Wall Street Journal reports today that "Gates Seeks Congress's Help in Closing Guantanamo." "Former Pa. Justice Departs Cozen O'Connor": Online at law.com, Gina Passarella of The Legal Intelligencer has an article that begins, "After nearly two years at the firm, former Pennsylvania Supreme Court Justice Sandra Schultz Newman will leave Cozen O'Connor over what she said were significant conflicts that made it difficult to grow her book of business. Newman denied rumors that her departure had anything to do with the size of her book or a recent public outcry over an inflammatory political e-mail she signed during the presidential campaign." Posted at 08:05 AM by Howard Bashman "Courthouses unfit, U.S. 9th Circuit chief judge tells Inland attorneys": The Press-Enterprise of Riverside, California today contains an article that begins, "The U.S. 9th Circuit Court needs buildings and members of the federal bar associations can help support efforts to get them funded, Chief Judge Alex Kozinski told the Inland Empire Bar Association on Tuesday at the Mission Inn in Riverside." Posted at 08:00 AM by Howard Bashman "Tobacco case, 3rd round": At "SCOTUSblog," Lyle Denniston has this interesting preview of today's U.S. Supreme Court oral argument in Philip Morris USA Inc. v. Mayola Williams. The February 11, 2008 installment of my "On Appeal" column for law.com was headlined "Not Even U.S. Supreme Court Victory Can Vanquish $79.5 Million Punitive Award Against Philip Morris." Tuesday, December 2, 2008 "Panel Gives Paterson Seven Names for Top Judge": The New York Times today contains an article that begins, "A state panel on Monday recommended seven candidates to succeed Judith S. Kaye, the first woman to serve as New York's chief judge. The recommendations include two other judges on the Court of Appeals and the state's former chief administrative judge, but no women." Posted at 11:02 PM by Howard Bashman "Chambliss wins second term in U.S. Senate; Defeats Jim Martin after arduous runoff campaign": The Atlanta Journal-Constitution provides a news update that begins, "Republican U.S. Sen. Saxby Chambliss defeated Democratic challenger Jim Martin on Tuesday to win re-election to a second term. Chambliss and Martin -- University of Georgia Sigma Chi frat brothers in the 1960s -- faced off in a U.S. Senate runoff that has become the focus of U.S. politics in the wake of the Nov. 4 general election. At stake was the balance of power in the Senate. Despite the gravity of the top race, turnout was light for most of the day." And Wednesday's edition of The New York Times will contain an article headlined "Republican Wins Runoff for Senator in Georgia" that begins, "Saxby Chambliss, a first-term Republican senator, was re-elected by Georgia voters on Tuesday in a substantial victory, ending Democratic hopes for a 60-vote majority in the Senate that would make it difficult for Republicans to filibuster the Obama administration's legislative agenda." "High Court Hears Argument On Power Plants": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 09:00 PM by Howard Bashman "Parents' Suit Offers Test of Title IX for Justices": Adam Liptak will have this article Wednesday in The New York Times. Posted at 08:55 PM by Howard Bashman "In Guantanamo case, a judge tightens the screws on the US; He is insisting that the government disclose any evidence that points to a detainee's innocence in a 'dirty bomb' plot": Warren Richey will have this article Wednesday in The Christian Science Monitor. Posted at 08:45 PM by Howard Bashman "U.S. Supreme Court sides with prosecutors in Redwood City murder case": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The U.S. Supreme Court ordered a lower court Tuesday to reconsider its ruling granting a new trial to a San Mateo man convicted of murdering a gas station attendant during a 1992 robbery that netted $150." Posted at 08:40 PM by Howard Bashman "Florida Supreme Court hears unique complaint against appeals judge": The Associated Press provides a report that begins, "The Florida Supreme Court has heard a first-of-its-kind ethics complaint against an appellate judge for criticizing a colleague in a written opinion." Once the video of today's oral argument before the Supreme Court of Florida becomes available online, I will link to it. You can access the documents filed in this proceeding via this link. "Appeal by parents of Trolley Square victim rejected; They sought to extend sentence of man who illegally sold gun to killer": Pamela Manson of The Salt Lake Tribune has a news update that begins, "Even after Mackenzie Glade Hunter completed his 15-month prison term this fall for illegally selling a gun to the Trolley Square shooter, the parents of a woman who died in the rampage hoped to make him serve more time. On Tuesday, though, the 10th U.S. Circuit Court of Appeals threw out a request that would have reopened the case and forced a resentencing. The Denver-based court dismissed an appeal by Sue and Ken Antrobus asking that they be declared victims of the unlawful gun sale under the federal Crime Victims' Rights Act." And The Deseret News provides an update that begins, "Court says Trolley Square shooting victim not a victim in gun case." You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. Today's Tenth Circuit ruling holds that the only method for someone seeking an appellate court's review of a federal district court's decision refusing to designate the person as a victim under the Crime Victims' Rights Act of 2004 is by means of a petition for writ of mandamus. "The Wheels on the Bus: The Supreme Court tries to imagine its way out of a sex discrimination case." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 07:52 PM by Howard Bashman "Little girl's claims at issue in high court case": The Associated Press provides a report that begins, "A Massachusetts girl's awful experience on a school bus is at the heart of a case argued in the Supreme Court Tuesday over limits on lawsuits about sex discrimination in education." And at "SCOTUSblog," Lyle Denniston has a post titled "The problem of claiming too little." You can access the transcript of today's U.S. Supreme Court oral argument in Fitzgerald v. Barnstable School Comm., No. 07-1125, at this link. "Don't Delay Over Judges": In this week's issue of Legal Times, Doug Kendall, president of the Constitutional Accountability Center, has an op-ed that begins, "No presidential administration in history has been better positioned to get top-flight judges onto the federal bench. With a president and vice president who are both experts in constitutional law, an already distinguished team of legal advisers, and a highly favorable environment on Capitol Hill, this should be, in the immortal words of George Tenet, a 'slam dunk' for the Obama administration. But potential pitfalls still abound on an issue as highly charged as the future of the Supreme Court and the federal judiciary, suggesting this list of do's and don'ts." This past Sunday in The Baltimore Sun, Law Professor Carl Tobias had an op-ed entitled "A judicial priority: Obama should act in an expeditious and bipartisan way to fill the long-vacant appellate seat of Md.'s Francis Murnaghan." And yesterday's issue of Roll Call contained an article headlined "Jury Is Still Out on Obama Judges" (subscription required for full access). "High Court Case Tests Power Plants' Water Rules": On today's broadcast of NPR's "Morning Edition," Nina Totenberg had this preview (RealPlayer required) of today's U.S. Supreme Court oral argument in Entergy Corp. v. Riverkeeper, Inc., No. 07-588. The Court has now posted the transcript of today's oral argument at this link. "NY court orders resentencing of bin Laden aide": The Associated Press provides a report that begins, "A federal appeals court ordered a new sentencing Tuesday for a former top aide to Osama bin Laden, who was convicted of stabbing a guard in the face with a sharpened comb." My earlier coverage of today's Second Circuit ruling appears at this link. "Court urged to side with power plants against fish": The Associated Press provides a report that begins, "The Bush administration asked the Supreme Court on Tuesday to let the nation's older power plants draw in billions of gallons of water for cooling without installing technology that would best protect fish and aquatic organisms." Posted at 02:34 PM by Howard Bashman "Justices chide California-based appeals court": The Associated Press provides a report that begins, "The Supreme Court took aim at one of its favorite targets Tuesday, criticizing a California-based federal appeals court for its ruling in favor of a criminal defendant." The decision of the Ninth Circuit that the U.S. Supreme Court reversed today can be accessed here. "[T]he district court fell into legal error by holding that a Federal crime of terrorism must involve conduct transcending national boundaries": So holds the U.S. Court of Appeals for the Second Circuit in an opinion issued today. Posted at 11:00 AM by Howard Bashman "I am not sure whether hard cases really do make bad law. I am certain that bad law comes from easy cases made hard. The majority's opinion has turned this into such a case." So begins a dissenting opinion that senior D.C. Circuit Judge A. Raymond Randolph issued today. Posted at 10:34 AM by Howard Bashman Access online today's U.S. Supreme Court decision in an argued case: You can access today's per curiam ruling in Hedgpeth v. Pulido, No. 07-544, at this link. The case was argued on October 15, 2008, and you can access the oral argument transcript at this link. At "SCOTUSblog," Lyle Denniston has a post titled "Court rules on jury instructions." On a related note, the U.S. Supreme Court deserves recognition and praise for having significantly decreased the delay between when the Court announces opinions and orders and when the Court makes those opinions and orders available for public access at the Court's own web site. In other words, this Term, orders and opinions are appearing at the Court's own web site just a few minutes after those orders and opinions are announced. Before this term, it would often take 30 to 45 minutes, and sometimes even longer, before opinions became available at the Court's web site after they had been announced. "Atheists sue to take God out of state's terrorism law": Today's edition of The Lexington (Ky.) Herald-Leader contains an article that begins, "An atheists-rights group is suing the Kentucky Office of Homeland Security because state law requires the agency to stress 'dependence on Almighty God as being vital to the security of the Commonwealth.'" Last Friday, the newspaper reported that "Anti-terror law requires God be acknowledged." And The Courier-Journal of Louisville, Kentucky reports today that "Law's use of God challenged; Security bill subject of suit." "High court denies appeal, won't halt retrial of Wecht": This article appears today in The Pittsburgh Post-Gazette. And today in The Pittsburgh Tribune-Review, Jason Cato reports that "High court declines to halt retrial of Wecht." "Court weighs power plant costs vs. protecting fish": The Associated Press provides a report that begins, "Environmentalists and electricity producers square off Tuesday at the Supreme Court over the use of billions of gallons of water to cool power plants and whether enough is being done to protect fish and aquatic organisms." Posted at 08:29 AM by Howard Bashman "Criminal libel case centers on Web post; DA charges man in alleged insults of ex-girlfriend": Sunday's edition of The Loveland (Colo.) Connection contained an article that begins, "Web chatters firing off insults about people on community Web sites might think twice next time they press the post button. Larimer County District Attorney Larry Abrahamson charged a 40-year-old Loveland man last month with two counts of criminal libel for posts he allegedly made about his former girlfriend and her attorney on Craigslist.com's 'Rants and Rave' section." Posted at 08:27 AM by Howard Bashman "Two worlds collide as lawyer fights for inmate husband; Pamela Griffin battles to get her husband out of the isolation cell that grinds him down; He claims his gang days are over; The government says he's still calling the shots": This lengthy article -- the second in a three-part series -- appears on the front page of today's edition of The Los Angeles Times. Part one, from Sunday's newspaper, can be accessed here. "Broader medical refusal rule may go far beyond abortion; The Bush administration plans a new 'right of conscience' rule that would allow more workers to refuse more procedures; Critics say it could apply to artificial insemination and birth control": David G. Savage has this article today in The Los Angeles Times. Posted at 08:20 AM by Howard Bashman "Most jurors favored felony conviction for Lori Drew in cyber-bullying": This article appears today in The St. Louis Post-Dispatch. Posted at 08:17 AM by Howard Bashman "After Guilty Verdict, Defense Lawyers in HLF Case Focus on Appeal": law.com provides this report. Posted at 08:07 AM by Howard Bashman "Qualcomm wins back a portion of rights; Revoking of patents reversed by court": This article appears today in The San Diego Union-Tribune. The Recorder reports today that "Patent Ambush Costs Qualcomm; Underlying case produced one of the largest discovery fiascoes in recent history." And The Associated Press reports that "Appeals wants narrowed ruling against Qualcomm." My earlier coverage of yesterday's Federal Circuit ruling appears at this link. Monday, December 1, 2008 "Power Station Case Generating Heat In Monterey Bay": Today in The Daily Journal of California, Lawrence Hurley has a front page article that begins, "The delicate issue of how the government should weigh environmental interests against those of big business comes before the U.S. Supreme Court this week." Posted at 10:47 PM by Howard Bashman "Gosh Darn Sons of Guns: We have an indecency problem. Really." Law Professor Jeffrey Rosen has this article in the December 3, 2008 issue of The New Republic. The article begins, "On Election Day, as the Supreme Court was debating the Bush administration's decision to fine TV networks for broadcasting 'fleeting utterances' of the words 'fuck' and 'shit,' an obscenity scandal in Britain cast light on the question before the justices: Can a single expletive actually be considered indecent?" Posted at 08:54 PM by Howard Bashman "Attorney general nominee inherits damaged department": Marisa Taylor of McClatchy Newspapers has this article. Posted at 08:12 PM by Howard Bashman "Can Lori Drew Verdict Survive the 9th Circuit Court?" Kim Zetter has this post this evening at Wired.com's "Threat Level" blog. Posted at 07:52 PM by Howard Bashman "AP loses appeal on FOIA request for US Taliban": The Associated Press provides this report. My earlier coverage of today's Second Circuit ruling appears at this link. "Former official accuses appellate judge of downloading porn": Michael Doyle of McClatchy Newspapers has an article that begins, "A former federal courts chief is demanding the impeachment or resignation of a prominent California-based appellate judge who is already facing scrutiny over raunchy Internet imagery." And at his "Suits and Sentences" blog today, Doyle has a post titled "The X-rated judge, continued." Just Manny being Manny: Although Los Angeles may lose one famous Manny to free agency this winter, another famous Manny continues to serve as a judge on the U.S. District Court for the Central District of California. Nearly every Major League Baseball team would love to have Manny Ramirez on its roster, because he is an amazing offensive threat. Whether Judge Real will continue to have meaningful work to do, by contrast, will depend on whether various federal appellate courts allow him to maintain his caseload. Today, in an opinion you can access here, the Ninth Circuit has reassigned to another judge one more of Judge Real's former cases. "No Supreme appeal for Wecht": Jason Cato of The Pittsburgh Tribune-Review has a news update that begins, "The U.S. Supreme Court today refused to consider an appeal by Dr. Cyril H. Wecht, who had hoped to avoid a second federal public corruption trial." Posted at 07:08 PM by Howard Bashman "State of the Docket": Tom Goldstein has this post today at "SCOTUSblog." Posted at 04:47 PM by Howard Bashman "Flattery in a Faux Pas at the Supreme Court": At "The BLT: The Blog of Legal Times," Tony Mauro has this post about today's U.S. Supreme Court oral argument in which the Attorney General of Colorado referred to Justice David H. Souter as "Justice Ginsburg." The gaffe appears on page 32 of the oral argument transcript in Kansas v. Colorado, No. 105 Orig. "50 New Sites Make 2nd Annual ABA Journal Blawg 100": Molly McDonough has this post at the ABA Journal's "Law News Now" blog. You can access the complete list, and even vote for your favorites in various categories, via this link. "Obama seeks Justice Dept change, taps Holder as AG": The Associated Press provides this report. Posted at 02:03 PM by Howard Bashman In today's mail: A copy of Brian Doherty's new book, "Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment." As I noted in this post back on November 18, 2008, the December 2008 issue of Reason magazine contains a lengthy excerpt from the book. "This patent infringement case involves the consequence of silence in the face of a duty to disclose patents in a standards-setting organization": So begins today's ruling of the U.S. Court of Appeals for the Federal Circuit in Qualcomm Inc. v. Broadcom Corp. The opening paragraph of the Federal Circuit's opinion summarizes today's ruling as follows: "For the reasons set forth below, we affirm the district court's determinations that Qualcomm had a duty to disclose the asserted patents to the JVT, that it breached this duty, and that the JVT misconduct and litigation misconduct were proper bases for the court's exceptional case determination. Because the scope of the remedy of unenforceability as applying to the world was too broad, however, we vacate the unenforceability judgment and remand with instructions to enter an unenforceability remedy limited in scope to H.264-compliant products." Update: In early news coverage, Reuters provides a report headlined "Qualcomm ruling affirmed, vacated in part-U.S. court." "Eric Holder, a High Achiever Poised to Scale New Heights": This profile appears today in The New York Times. Posted at 11:05 AM by Howard Bashman Second Circuit holds that The Associated Press has no right to access John Walker Lindh's petitions filed with the U.S. Department of Justice's Office of Pardon Attorney seeking a reduction in his twenty-year prison sentence: The AP sought access under the Freedom of Information Act. John Walker Lindh, of course, is the so-called "American Taliban." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Court refuses to return to Rapanos": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court at this link. In early news coverage, The Associated Press reports that "High court declines pathologist Wecht's appeal" and "High court turns down pipeline company appeal." "Unhappiness After Stream in Montana Is Open to All": The New York Times today contains an article that begins, "A group of landowners, including several wealthy out-of-staters, are none too happy that their exclusive use of a scenic trout-rich stream in the Bitterroot Valley is coming to an end. The Montana Supreme Court ruled here recently that the 16-mile-long stream, Mitchell Slough, is open to the public and that the landowners are not entitled to fence it off as part of their private sanctuaries." You can access last month's ruling of the Supreme Court of Montana at this link. And you can access the briefs filed on appeal via this link. "Smoker lawsuit goes to trial in Broward; A lawsuit by the widow of a Cooper City man who died of lung cancer is the first of some 8,000 tobacco cases in Florida to head to trial": The Miami Herald contains this article today. Posted at 08:40 AM by Howard Bashman "The Next Attorney General: What has been repaired and what needs improvement at the Justice Department." This editorial appears today in The Washington Post. Posted at 08:05 AM by Howard Bashman "Messing With Malpractice Reform: Tort lawyers in Illinois try an end run around the voters." The Wall Street Journal today contains an editorial that begins, "Much good has resulted since Illinois lawmakers joined 35 other states and placed limits on medical damage awards three years ago. Doctors no longer flee the state in droves, and health care is more accessible. But if the trial lawyers prevail in a case heard by the Illinois Supreme Court recently, those trends could be reversed." Posted at 07:48 AM by Howard Bashman "Veteran judge in line for SJC; Superior Court's Gants ruled in many high-profile cases": Today's edition of The Boston Globe contains an article that begins, "Governor Deval Patrick today is expected to nominate Superior Court Judge Ralph Gants as an associate justice of the Supreme Judicial Court, according to an official briefed on the nomination." Posted at 07:42 AM by Howard Bashman "Justices to hear school sex harassment case; Parents sue district under Title IX and civil rights law": Joan Biskupic has this article today in USA Today. Posted at 07:38 AM by Howard Bashman Sunday, November 30, 2008 "Minority Contractors Lose Preference At Pentagon": This audio segment (RealPlayer required) appeared on last Friday's broadcast of NPR's "All Things Considered." According to NPR's description of the segment, "A Pentagon affirmative action program that benefits contracting companies owned by racial minorities has been declared unconstitutional. The decision was issued Nov. 4 -- Election Day -- so it hasn't received much attention. But the decision could mean the end of similar programs at all levels of government." I had this post about the decision on the date that the U.S. Court of Appeals for the Federal Circuit issued the ruling. "Case debates if man's insurer should pay in wreck; Courts have upheld refusal of claim for family injured by driver fleeing police": Chuck Lindell had this article Friday in The Austin American-Statesman. According to the article, "Now the Texas Supreme Court will decide who deserves the law's protection: a family whose car was in the wrong place at the wrong time or an insurance company with a reckless and irresponsible client." "Vermont case before U.S. Supreme Court is drawing intense interest": Friday's edition of The Rutland Herald contained an article that begins, "Almost 40 states' attorneys general, more than 15 victims' rights groups, the National Governors' Association and the solicitor general of the United States have joined Vermont in its appeal of a Vermont Supreme Court decision from earlier this year that set a convicted felon free from prison because of speedy trial issues." Posted at 10:42 PM by Howard Bashman "Supreme Court to hear judge's ethics appeal": Yesterday's edition of The Pensacola News Journal contained a newsbrief that begins, "The Florida Supreme Court on Tuesday morning will hear oral arguments in 1st District Court of Appeal Judge Michael E. Allen's ethics case." The May 14, 2007 installment of my "On Appeal" column for law.com was headlined "When Should a Judge Face Discipline for What an Opinion Says?" "Retiring SJC judge Greaney no shrinking violet": The Associated Press provides a report that begins, "Justice John Greaney didn't write the Supreme Judicial Court's landmark ruling making Massachusetts the first state in the nation to legalize same-sex marriage, but five years later, a passage from his concurring opinion is sometimes used by gay couples in their wedding ceremonies." Posted at 10:34 PM by Howard Bashman "Will Frederick be the next solicitor general?" Lawyers USA provides this report. Posted at 10:32 PM by Howard Bashman "Obama's Judges and the Senate: Mitch McConnell lays down some markers." This editorial appeared yesterday in The Wall Street Journal. Posted at 10:28 PM by Howard Bashman "Justice Stevens on the Judiciary": C-SPAN describes this past Saturday's broadcast of "America & the Courts" as follows, "At the University of Florida Law School, U.S. Supreme Court Justice John Paul Stevens and U.S. District Court Judge Jose Gonzalez participated in a discussion on general legal issues, their own judicial philosophies and the importance of oral arguments." You can access last Saturday's broadcast online, on-demand by clicking here (RealPlayer required). C-SPAN has also posted online the video of the entire event, and you can view it by clicking here (RealPlayer required). "Obama pledge on treaties a complex undertaking": Bob Egelko of The San Francisco Chronicle has a news update that begins, "President-elect Barack Obama's pledge to restore the United States' international standing extends far beyond front-page topics such as closing Guantanamo and banning torture, into areas as diverse as nuclear testing, the rights of women and people with disabilities, and military and commercial activities in the world's oceans." Posted at 08:57 PM by Howard Bashman "Is gay the new black? Marriage ban spurs debate." The Associated Press provides this report. Posted at 08:55 PM by Howard Bashman "How to Close Guantanamo": Jack Cloonan and Sarah Mendelson have this op-ed today in The Washington Post. Posted at 08:44 PM by Howard Bashman "CNN analyst Toobin talks politics, Supreme Court at ISU": This article appeared last Tuesday in The Tribune-Star of Terre Haute, Indiana. Posted at 08:30 PM by Howard Bashman "Speculation Already Under Way On Possible Obama Supreme Court Nominations": Scott Shepard of Cox News Service has this article. Posted at 08:20 PM by Howard Bashman "O'Connor's talk offers judicial perspective; Boe Forum address sheds light on key court rulings": Last Tuesday's edition of The Argus Leader of Sioux Falls, South Dakota contained an article that begins, "The first woman appointed to the U.S. Supreme Court discussed her time as a justice and the court's key decisions Monday in Sioux Falls." Posted at 08:15 PM by Howard Bashman "Ahead for Obama: How to Define Terror." Today in the Week in Review section of The New York Times, Jonathan Mahler has an article that begins, "Early last Tuesday morning, a military charter plane left the airstrip at Guantanamo Bay for Sana, Yemen, carrying Osama bin Laden's former driver, Salim Hamdan." Posted at 08:11 PM by Howard Bashman Saturday, November 29, 2008 "Marriage spans a vast divide: A successful lawyer leads what seems a normal life; But long ago she forged a lasting emotional bond with a man from the Aryan Brotherhood." Joe Mozingo will have this lengthy article, the first in a three-part series, in Sunday's edition of The Los Angeles Times. More information on the series is available at this link. Posted at 11:55 PM by Howard Bashman "Historians say marriage traditions have been fluid": Today's edition of The Sacramento Bee contains a front page article that begins, "What is traditional marriage? That question lies beneath the surface of the Proposition 8 debate. The measure that bans same-sex marriage in California, which is now being challenged in court, defines the union as between a man and a woman. This, supporters argue, is as religious precepts and social customs demand. It is traditional." And today in The New York Times, columnist Charles M. Blow has an op-ed entitled "Gay Marriage and a Moral Minority." The Associated Press is reporting: Now available online are articles headlined "Justice Stevens shows no signs he is ready to quit" and "Pastor who helped get 'under God' in Pledge dies." Posted at 03:54 PM by Howard Bashman "Poignant Videos of Victims Valid in Court; Justices Decline to Weigh Use of Such Portrayals": Jerry Markon has this article today in The Washington Post. Posted at 01:08 PM by Howard Bashman Friday, November 28, 2008 "Another Shot Fired in Alex Kozinski Ethics Investigation": Nathan Koppel has this post today at WSJ.com's "Law Blog." And today at "Patterico's Pontifications," Patterico has a post titled "Federal Judge Wrote That Software Disabled by Kozinski Was 'Integral Part' of Court's 'Security Apparatus.'" In this post from Wednesday afternoon, I provided online access to the judicial misconduct complaint that L. Ralph Mecham, former head of the Administrative Office of the U.S. Courts, has recently filed against Ninth Circuit Chief Judge Alex Kozinski. "Tax-exempt benefit disputed in Prop. 8 campaign": Today's edition of The San Francisco Chronicle contains an article that begins, "In the wake of Proposition 8's passage, opponents are railing that churches that supported the ballot measure violated their tax-exempt status." Posted at 09:32 AM by Howard Bashman "Guilty verdict in MySpace suicide case could chill Internet speech; The jury convicted a Missouri mother on three counts, but not conspiracy": The Christian Science Monitor contains this article today. Posted at 09:28 AM by Howard Bashman "Military Appeal Process Is Challenged": This article appears today in The New York Times. What's lacking, according to the article, is the ability to seek U.S. Supreme Court review. Posted at 09:08 AM by Howard Bashman "Ex-terrorism prosecutor flags flaws at tribunal": The Associated Press provides a report that begins, "Like many human rights observers, Anthony Barkow has harsh words about the government's treatment of detainees at Guantanamo Bay. But Barkow offers a unique perspective: He's the only observer who successfully prosecuted terrorist sympathizers in his former life as an assistant U.S. attorney in Manhattan." Posted at 08:54 AM by Howard Bashman Thursday, November 27, 2008 "Guilty Verdict in Cyberbullying Case Provokes Many Questions Over Online Identity": Friday's edition of The New York Times will contain an article that begins, "Is lying about one's identity on the Internet now a crime? The verdict Wednesday in the MySpace cyberbullying case raised a variety of questions about the terms that users agree to when they log on to Web sites." Posted at 11:15 PM by Howard Bashman "Judge says perfume lawsuit can proceed; A Detroit city planner says co-worker's scent interferes with job performance, breathing": This article appears today in The Detroit News. I have posted online at this link Tuesday's ruling of the U.S. District Court for the Eastern District of Michigan. "Jury delivers mixed verdict in MySpace bullying trial; Lori Drew of Missouri is convicted of misdemeanor charges, but the L.A. jury deadlocks on felony conspiracy count; Drew had a fake relationship online with Megan Meier, 13, who committed suicide": Scott Glover has this article today in The Los Angeles Times. The St. Louis Post-Dispatch reports today that "Jury chooses lesser charges to convict Lori Drew of cyber-bullying Dardenne Prairie neighbor." The New York Times contains an article headlined "Verdict in MySpace Suicide Case." And The Washington Post reports that "Woman Guilty of Minor Charges for MySpace Hoax." "Iowa's gay marriage ban goes before high court; The state Supreme Court will hear arguments next month about whether the Defense of Marriage Act - briefly struck down last year - is unconstitutional": The Los Angeles Times contains this article today. Posted at 01:40 PM by Howard Bashman "Guantanamo Justice: The Bush administration will finally release Salim Ahmed Hamdan; The Uighurs should be next." This editorial appears today in The Washington Post. Posted at 01:37 PM by Howard Bashman In commentary available online from FindLaw: Carl Tobias has an essay entitled "Why the Federal Courts Should Give Thanks This Thanksgiving: A Set of Positive Developments, with the Hope of More to Come." And Sherry F. Colb has an essay entitled "A Judge Orders a Woman Not to Have Children While On Probation: Did He Violate Her Rights?" Wednesday, November 26, 2008 law.com's Tony Mauro is reporting: He has articles headlined "Pressure Is on Obama to Name First Hispanic Supreme Court Justice" and "High Court Water Law Case Misses Its Master." Posted at 11:35 PM by Howard Bashman "Family of Slain Lawyer Sues Three Former Housemates; Complaint Alleges Men Conspired To Cover Up Crime": The Washington Post today contains an article that begins, "The widow and family of a prominent Washington lawyer who was stabbed to death in 2006 filed a $20 million lawsuit in D.C. Superior Court yesterday, alleging that three friends of his concealed evidence and lied to police in a cover-up." Posted at 11:30 PM by Howard Bashman "Justice admits to taunting Mukasey": This article appears today in The Olympian of Olympia, Washington. Earlier today, I rounded-up some additional related news coverage at this link. Posted at 11:00 PM by Howard Bashman Available online from Bloggingheads.tv: Law Professors Jack Balkin and Eric Posner have a diavlog titled "National Security, Post-Bush" in which they discuss various subjects including "Will Obama pick ideological liberals for the Supreme Court?" and "How Obama will handle domestic surveillance." And a diavlog titled "Even Further Beyond the Hart-Dworkin Debate" features Law Professors Brian Leiter and Scott Shapiro. "Truth or Consequences? Why can't we hold torturers accountable and still find out the truth?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:54 PM by Howard Bashman "Seale arguments set for May; Panel says conviction fell under five-year statute of limitations for kidnapping": The Associated Press provides this report. The article mentions Fifth Circuit Judge Jerry E. Smith's dissent from the order granting rehearing en banc, which I discussed last night in a post you can access here. "Democratic Agenda vs. Conservative Courts": Harper Jean Tobin has this recent entry at "The Huffington Post." Posted at 08:04 PM by Howard Bashman "Clarity, simplicity, and brevity are underrated qualities in legal advocacy." Heading into the Thanksgiving holiday, Seventh Circuit Judge Richard A. Posner today issued an opinion containing some advice for lawyers, observing that "Although the dual federal-state regulatory scheme for the telecommunications industry is complex and even arcane, the parties did not have to assault us with 206 pages of briefs, brimming with jargon and technical detail, in order to be able to present the issues on appeal adequately." Posted at 04:58 PM by Howard Bashman "Jury delivers mixed verdict in MySpace bullying trial; Lori Drew of Missouri is convicted of misdemeanor charges, but the L.A. jury deadlocks on felony conspiracy count; Drew had a fake relationship online with Megan Meier, 13, who committed suicide": Scott Glover of The Los Angeles Times has this news update. Posted at 04:50 PM by Howard Bashman How has the Great Depression of 2008 affected the market for U.S. Supreme Court Justice bobblehead dolls from The Green Bag? Now up for auction at eBay are a Justice Anthony M. Kennedy bobblehead doll (net proceeds from the sale of the AMK bobblehead, I'm told, to be donated to the Combined Federal Campaign) and a Justice Louis D. Brandeis bobblehead doll (more Brandeis bobblehead auction details at this link). As of this moment, neither bobblehead has attracted any bids. Posted at 04:33 PM by Howard Bashman Access online the judicial misconduct complaint that L. Ralph Mecham, former head of the Administrative Office of the U.S. Courts, has filed against Ninth Circuit Chief Judge Alex Kozinski: As I first noted in this post last night, Cynthia Cotts of Bloomberg News yesterday had an article headlined "Retired U.S. Court Executive Files Kozinski Complaint." The Bloomberg article reports that Mecham supplied a copy of his misconduct complaint to Bloomberg. Mecham filed his complaint with the U.S. Court of Appeals for the Third Circuit, which has been assigned to handle certain judicial misconduct complaints against Chief Judge Kozinski. The cover page of Mecham's complaint identifies the judges against whom his Complaint of Judicial Misconduct applies as "Chief Judge Alex Kozinski principally but also Judge Mary M. Schroeder and Judge Sidney R. Thomas." Mecham has signed the misconduct complaint under a declaration stating, "I declare under penalty of perjury that the statements made in this complaint are true and correct to the best of my knowledge." The complaint is dated November 21, 2008. I have posted online Mecham's judicial misconduct complaint, minus exhibits and cover pages, at this link. Rulings on judicial misconduct complaints must be made available to the public, but proceedings on judicial misconduct complaints are usually conducted in a private and confidential manner, although the subject of a judicial misconduct proceeding has the ability to waive confidentiality. And, as is now obvious, the person filing a judicial misconduct complaint has the ability to publicize the initiation of the proceeding and the allegations at issue. You can access the "Rules for Judicial-Conduct and Judicial-Disability Proceedings" at this link. "Jury convicts mom of lesser charges in online hoax": The Associated Press provides a report that begins, "A jury on Wednesday was unable to reach a verdict on the main conspiracy charge and instead convicted a Missouri woman of three minor offenses for her role in an Internet hoax that apparently drove a 13-year-old girl to suicide." At "The Volokh Conspiracy," Orin Kerr has posts titled "What Does the Lori Drew Verdict Mean?" and "Lori Drew Jury Reaches a Verdict." "Searching Steven Hatfill": Michael Doyle of McClatchy's Washington Bureau has this post today at his new "Suits & Sentences" blog. The U.S. District Court for the District of Columbia has made available via this link the unsealed search warrant-related documents. On an interlocutory appeal by permission, the Sixth Circuit affirms a federal district court's refusal to dismiss claims alleging that Ohio's voting system violates voters' rights to equal protection of the law and substantive due process: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 11:02 AM by Howard Bashman "Court says lukewarm food hot enough for prison": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "State prison rules say inmates are entitled to two hot meals a day - but it's up to prison officials to decide how hot is hot enough, a state appeals court ruled Tuesday." You can access yesterday's ruling of the California Court of Appeal for the First Appellate District, Division One, at this link. "U.S. Muslims Taken Aback by a Charity's Conviction": The New York Times contains this article today. Posted at 09:08 AM by Howard Bashman "Florida ban on gay adoptions ruled unconstitutional; A gay North Miami man is allowed to adopt the two foster children he has raised since 2004 after a juvenile court judge declared a state ban unconstitutional": This article appears today in The Miami Herald. And The New York Times reports today that "Florida Gay Adoption Ban Is Ruled Unconstitutional." You can access yesterday's trial court ruling at this link. "Freed Guantanamo prisoner arrives home in Yemen; Salim Ahmed Hamdan, a former driver and bodyguard to Osama bin Laden, will serve the remaining month of his sentence in his homeland": Carol J. Williams has this article today in The Los Angeles Times. And today in The Miami Herald, Carol Rosenberg reports that "Bin Laden's driver will finish jail time in Yemen; The Pentagon has sent Osama bin Laden's driver from Guantanamo to his native Yemen to serve out his prison sentence, three months after a military jury convicted him of war crimes." "State Supreme Court: Sentence for sex offenders overruled; Life in prison breaks Eighth Amendment." Bill Rankin has this article today in The Atlanta Journal-Constitution. You can access yesterday's ruling of the Supreme Court of Georgia at this link. "Nichols' delusion danger debated; Prosecutor prods psychiatrist about whether killer still a threat": The Atlanta Journal-Constitution contains this article today. Posted at 08:54 AM by Howard Bashman "Gay rights leaders plan $1-million war chest to defend judges who back same-sex marriage; At a 'virtual' town hall meeting, they also discuss putting a new gay-marriage question before voters, perhaps as soon as 2010": This article appears today in The Los Angeles Times. Posted at 08:44 AM by Howard Bashman "Journal asks high court to make Station jury questionnaires public": The Providence (R.I.) Journal today contains an article that begins, "Two years after 421 prospective jurors filled out questionnaires eliciting their opinions about the tragic Station nightclub fire that claimed 100 lives, The Providence Journal's fight to open those records is bound for the Rhode Island Supreme Court." Posted at 08:35 AM by Howard Bashman "New Details on F.B.I.'s False Start in Anthrax Case": This article appears today in The New York Times. The Washington Post reports today that "In Anthrax Probe, Focus on Hatfill Relied on Informants." And The Los Angeles Times reports that "FBI's early anthrax hunches revealed in documents; The unsealed papers show how the FBI came to think Steven J. Hatfill was responsible for the deadly 2001 anthrax mailings." "US judge rejects call for recusal": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "A federal district court judge yesterday refused to disqualify herself from the case of a man suing the Boston Police Department for a wrongful conviction in three rapes though the city said remarks she made from the bench betrayed a 'deep-seated favoritism and antagonism.'" Posted at 08:14 AM by Howard Bashman "ER doc/wife of Gibbs & Bruns associate tends to fallen U.S. attorney general": Yesterday at Texas Lawyer's "Tex Parte Blog," Brenda Sapino Jeffreys had a post that begins, "Dr. Lisa Cooper, an emergency room doctor in Houston who is married to Gibbs & Bruns associate Matthew Cooper, got a chance to use her skills on U.S. Attorney General Michael Mukasey when he collapsed on Nov. 20 while giving a speech in Washington, D.C." Readers of "How Appealing" learned of Dr. Cooper's treatment of Attorney General Mukasey via this post on the morning of November 21, 2008. "State justice confirms he yelled 'Tyrant!' at Mukasey before AG collapsed; Washington State Supreme Court Justice Richard Sanders says that he yelled 'Tyrant!' at U.S. Attorney General Michael Mukasey during a Federalist Society speech in which Mukasey later collapsed at the podium": This article appears today in The Seattle Times. The newspaper has posted online at this link a PDF copy of Justice Sanders' statement. The Olympian of Olympia, Washington has a news update headlined "Justice acknowledges yelling 'tyrant' at U.S. attorney general." And The Associated Press has a report headlined "Who yelled 'tyrant' at AG Mukasey? A judge." Tuesday, November 25, 2008 Access online a rare dissent from a federal appellate court's decision to grant rehearing en banc: Dissents from the denial of rehearing en banc issue from time to time, but Fifth Circuit Judge Jerry E. Smith's dissent from the grant of rehearing en banc in United States v. Seale is the first such dissent of that type I can ever recall having seen. In addition to dissenting from the grant of rehearing en banc, Judge Smith also disagrees with the Fifth Circuit's decision not to hear en banc argument until May 2009. My earlier coverage of the Fifth Circuit's decision to grant rehearing en banc in this case can be accessed here and here. Judge Smith's dissent apparently did not issue simultaneously with the order granting rehearing en banc. "Sanders lays out his version of events": Adam Wilson, a reporter with The Olympian newspaper of Olympia, Washington, has a blog post this evening reprinting a statement issued late today by Justice Richard B. Sanders of the Washington State Supreme Court. Justice Sanders says in his written statement that during Attorney General Michael B. Mukasey's address to the Federalist Society last Thursday night, "I felt compelled to speak out. I stood up, and said, 'tyrant,' and then left the meeting." It's good to see that Wilson was able to correct in fairly short order the serious misimpression left by his article in today's print edition of The Olympian headlined "State justice says he wasn't at Mukasey's speech." In other coverage, The Seattle Times provides a news update headlined "State justice confirms he yelled 'Tyrant!' at Mukasey before AG collapsed." "Retired U.S. Court Executive Files Kozinski Complaint": Cynthia Cotts of Bloomberg News has an article that begins, "A retired federal court executive alleged Alex Kozinski, chief judge of the U.S. Court of Appeals in San Francisco, broke into a judicial computer security system to restore access to pornographic Web sites, according to a filed complaint." The article continues, "Ralph Mecham, who headed the Administrative Office of the U.S. Courts in Washington for 21 years until retiring in 2006, made the allegations in a complaint yesterday to the U.S. Court of Appeals in Philadelphia." Cotts reports that "Mecham supplied a copy of his complaint to Bloomberg." Additional details on the apparently longstanding feud between Mecham and Kozinski can be accessed via a "How Appealing" post from June 16, 2008. Even more Bashman news from Australia: Northern Territory News reports that "Gang of 12 youths bash man." The most recent previous installment of this occasional feature can be accessed here. Posted at 08:15 PM by Howard Bashman "Documents released in Hatfill anthrax case": Lara Jakes Jordan of The Associated Press has this report. Posted at 04:44 PM by Howard Bashman "The BLT: The Blog of Legal Times" covers developments relating to the murder of lawyer Robert Wone: Today the blog features posts titled "Wone Family Files $20 Million Wrongful Death Suit"; "Defense Lawyer Chides Prosecution Tactics in Wone Investigation": and "Ward Ordered Released." Posted at 04:10 PM by Howard Bashman "Court grants two cases": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court at this link. "Who Was the Fed Soc Heckler?" Orin Kerr has this post this afternoon at "The Volokh Conspiracy." Posted at 03:55 PM by Howard Bashman "Ohio high court to decide congressional votes": The Associated Press provides a report that begins, "The Ohio Supreme Court will have the final say on how thousands of outstanding provisional votes are counted for a tight congressional race. The 6th U.S. Circuit Court of Appeals ruled Tuesday that the state high court rather than federal court is the proper forum to decide the question." And The Columbus Dispatch has a news update headlined "Provisional ballot case sent back to Ohio Supreme Court." You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. "Who heckled Attorney General Michael Mukasey, Pt. II": Michelle Malkin has this post today at her blog. Posted at 02:10 PM by Howard Bashman "Florida ban on gay adoptions ruled unconstitutional": The Miami Herald provides a news update that begins, "A Miami-Dade circuit judge Tuesday declared Florida's 30-year-old ban on gay adoption unconstitutional, allowing a North Miami man to adopt two foster kids he has raised since 2004." The newspaper has posted online a copy of today's ruling at this link. And The Associated Press reports that "Miami judge rules against Florida gay adoption ban." "Osama bin Laden's driver headed home to Yemen; The Pentagon has sent Osama bin Laden's driver from Guantanamo to his native Yemen to finish his prison sentence, three months after a military jury convicted him of war crimes": Carol Rosenberg of The Miami Herald has this news update. Posted at 12:57 PM by Howard Bashman "'Heckler' Judge at Mukasey Dinner Speaks to the Law Blog": Amir Efrati has this post today at WSJ.com's "Law Blog." Since I linked earlier this morning to an article headlined "State justice says he wasn't at Mukasey's speech" published today in The Olympian, several "How Appealing" readers have emailed me to reiterate their belief, based on having attended the speech, that the heckler was indeed Washington State Supreme Court Justice Richard B. Sanders. The Olympian article contains, in quotations attributed to Justice Sanders, no direct refutation of the charge that he was the heckler. And contrary to the text and headline of The Olympian article, Justice Sanders in his interview with WSJ.com's "Law Blog" admits to having attended Mukasey's Federalist Society speech and to having departed in the midst of that speech. Witnesses to the event have described that the heckler left the speech after having made the "tyrant" remark to Mukasey. "Holy Land Foundation defendants guilty on all counts": This article appears today in The Dallas Morning News, along with articles headlined "Holy Land investigation dates back to 1993" and "Holy Land supporters accuse government of preying on fear." The New York Times reports today that "Five Convicted in Terrorism Financing Trial." The Washington Post reports that "Muslim Charity's Ex-Leaders Convicted; Justice Nets 2 Wins As Embassy Blast Verdicts Endure." The Los Angeles Times reports that "Holy Land charity and leaders found guilty on all 108 counts; After a mistrial last year, Texas jurors agree with government accusations that the foundation was funneling money to Hamas, designated a terrorist group." And USA Today reports that "Charity leaders convicted of aiding Hamas; Five guilty of tax fraud, money laundering, supporting terrorist group with $12 million." "State justice says he wasn't at Mukasey's speech": The Olympian of Olympia, Washington today contains an article that begins, "Contrary to rumor, Washington Supreme Court Justice Richard Sanders said he was in town, but not in the room, when U.S. Attorney General Michael Mukasey collapsed last week." Posted at 09:34 AM by Howard Bashman "Court Backs Warrantless Searches Abroad": The New York Times today contains an article that begins, "The authorities may lawfully conduct searches and electronic surveillance against United States citizens in foreign countries without a warrant, a federal appeals court panel said on Monday, bolstering the government's power to investigate terrorism by ruling that a key constitutional protection afforded to Americans does not apply overseas." My earlier coverage of yesterday's Second Circuit rulings appears at this link. "Seattle's mayor is up in arms about guns; Mayor Greg Nickels wants to ban guns from city property; But a Washington state law, and other challenges, may shoot down his proposal": This article appears today in The Los Angeles Times. Posted at 09:20 AM by Howard Bashman "GPS technology doubles as crime-fighting tool; The units can place a suspect at a crime scene, undermine an alibi or prove fault in an accident; And though privacy rights advocates don't like the intrusion, courts tend to side with authorities": Carol J. Williams has this article today in The Los Angeles Times. Posted at 09:14 AM by Howard Bashman "Judge tosses 3 perjury charges against Bonds": Lance Williams has this article today in The San Francisco Chronicle. And The New York Times reports today that "Judge Dismisses Three of 15 Counts Against Bonds." I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of California. "Legal experts puzzled over California justice's seeming reversal on Prop. 8; Justice Joyce L. Kennard has been a reliable supporter of gay rights in the past, but last week she was the only Supreme Court jurist to vote against hearing legal challenges to the gay-marriage ban": Maura Dolan has this front page article today in The Los Angeles Times. And The New York Times today contains an editorial entitled "California's Legal Tangle." "Nesconset lawyer's death a murder for hire, woman says": Today's edition of Newsday contains an article that begins, "The fatal shooting of a Nesconset lawyer wasn't a botched robbery but a murder for hire, said a woman charged in the death of James DiMartino as she pleaded guilty to second-degree murder yesterday in Riverhead." Posted at 08:57 AM by Howard Bashman "Appeals Court Hears Uighur Detainees' Case; Justice Lawyer Urges Reversal of 'Unprecedented Order' to Free 17 Chinese Muslims": The Washington Post contains this article today. And today in The Christian Science Monitor, Warren Richey has an article headlined "Can US judges order detainees released? That's a key question in the case of 17 Chinese Muslims held at Guantanamo, which a federal appeals court panel takes up Monday." "Court: Alleged Ky. abuse victims can sue Vatican; Ruling limited to actions on U.S. soil." This article appears today in The Courier-Journal of Louisville, Kentucky. And The Wall Street Journal reports today that "U.S. Court Allows Abuse Case vs. Vatican." You can access yesterday's Sixth Circuit ruling at this link. "From One Footnote, a Debate Over the Tangles of Law, Science and Money": Adam Liptak's "Sidebar" column reemerges today, as a "column on the Supreme Court [that] will appear every other Tuesday." Today's installment begins, "Two years after Exxon was hit with a $5 billion punitive damages award for the Exxon Valdez disaster, Prof. William R. Freudenburg's phone rang." "Indefinite Detention": Today's edition of The New York Times contains an editorial that begins, "For more than five years, the Bush administration has been holding Ali al-Marri, a legal resident of the United States, in near isolation under President Bush's reprehensible enemy combatant doctrine. The Supreme Court is to meet on Tuesday to decide whether to review the case, and it should. The justices need to make clear that a president cannot trample on individual rights by imprisoning people indefinitely simply by asserting that they are tied to terrorism." And today in The Los Angeles Times, Jonathan Hafetz has an op-ed entitled "2,000 days in detention: The case of an 'enemy combatant' who has been held in a Navy brig in South Carolina is about to go before the Supreme Court." "Bin Laden's Driver to Be Returned to Yemen": The New York Times provides this news update. The Washington Post today contains a front page article headlined "Hamdan To Be Sent To Yemen; Bin Laden Driver Spent 7 Years at Guantanamo." And today in The Los Angeles Times, Carol J. Williams reports that "Salim Ahmed Hamdan to leave Guantanamo; After serving time for supporting terrorism, Osama bin Laden's onetime driver is said to be in the midst of a transfer to Yemen." My earlier coverage appears at this link. "Gay Marriage and the California Courts: Democracy loses if Prop. 8 is overruled." Columnist William McGurn has this op-ed today in The Wall Street Journal. Posted at 08:23 AM by Howard Bashman "Juvenile Jurist: Guess who heckled Attorney General Mukasey last week?" That's the headline of James Taranto's "Best of the Web" column at WSJ.com from yesterday afternoon. Posted at 08:22 AM by Howard Bashman "Sweeping Pardons 'Unnecessary'; White House Is Disinclined to Grant Clemency to Officials Involved in Terror Policies": Today in The Wall Street Journal, Evan Perez has an article that begins, "The White House isn't inclined to grant sweeping pardons for former administration officials involved in harsh interrogations and detentions of terror suspects, according to people familiar with the situation." Posted at 08:15 AM by Howard Bashman "The Supreme Court Opts to Decide Whether McCain-Feingold's Campaign Finance Regulations Were Properly Applied to a Film Attacking Hillary Clinton, and to Ads for the Film": Julie Hilden has this essay online at FindLaw. Posted at 08:07 AM by Howard Bashman Monday, November 24, 2008 Access online ABC's reply brief in the Second Circuit appeal concerning whether the buttocks are, or are not, a "sexual or excretory organ": On Friday, in an update to a post you can access here, I placed online ABC's opening brief and the FCC's brief for respondents. I have now obtained ABC's reply brief, which you can access at this link. Because the appeal is pending in the U.S. Court of Appeals for the Second Circuit, the front cover of each of these appellate briefs features the requisite super-huge docket number. Update: At "Language Log," Bill Poser offers these thoughts on the briefs I posted on Friday. And his earlier post on this matter, from January 2008, can be accessed here. "5th Circuit upholds denial of death row appeal": The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, "A three-judge panel of the 5th U.S. Circuit of Appeals has denied an appeal filed by four Mississippi death row inmates who argued the state's method of lethal injection is unconstitutional." You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. "U.S. to extradite Bin Laden's driver to Yemen soon": The Yemen News Agency provides a report that begins, "Well-informed sources said on Monday that U.S. authorities would extradite Salim Hamdan to Yemen in the coming few days, the State-run 26sep.net reported Monday." Posted at 06:00 PM by Howard Bashman "Court refuses to intervene in young detainee case": Jesse J. Holland of The Associated Press has a report that begins, "A federal judge on Monday refused to block the military trial of a Canadian held at Guantanamo Bay and charged with killing a U.S. soldier while still a juvenile." Today's ruling of the U.S. District Court for the District of Columbia in Khadr v. Bush consists of a memorandum opinion and an order. "Holy Land Foundation defendants guilty on all counts": The Dallas Morning News provides this update. And The Associated Press reports that "Charity convicted in terrorism financing trial." "Detainees' entry into U.S. in doubt": At "SCOTUSblog," Lyle Denniston has a post that begins, "With two colleagues energetically steering the case in opposite directions, U.S. Circuit Judge Karen LeCraft Henderson on Monday held the fate of 17 Chinese Muslim detainees at Guatanamo Bay in her hands. At most, she provided a slight hint that she may disappoint their plea for early release." Posted at 04:00 PM by Howard Bashman The Associated Press is reporting: An article reports that "Appeals court lets Vatican sex-abuse case proceed." You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. An article headlined "Judge tosses appeal condemned killer didn't want" begins, "An appeal notice filed on behalf of a convicted murderer who tortured two young siblings was dismissed Monday by a federal judge, after the defendant told him he did not want to challenge his convictions or death sentences and had not given his attorneys permission to do so." And in other news, "More Americans serving as their own lawyers." Blog posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "Judicial Pay Raise Stalls Again." And David Ingram has a post titled "Change in Administration Could Alter Debate Over Regulatory Pre-emption, Lawyers Say." You've probably seen how the speech prematurely ended, and now you can see the rest of it: The Federalist Society has posted online at this link the complete video of last Thursday night's Keynote Address by Attorney General Michael B. Mukasey. [Update: In fact, what The Federalist Society has posted online is not the complete video, as this portion of the video ends before Mukasey collapses.] Last Friday at her "Legalities" blog, Jan Crawford Greenburg wrote about the substance of the speech in a post titled "A Somber Mukasey, Taking on Critics." Some news outlets had noted that Mukasey's speech was interrupted by a heckler, and ABC News reports at this link that the heckler was "a state court judge in the audience [who] stood and yelled, 'you tyrant.'" I haven't read anywhere the exact identity of that state court judge, but enquiring minds certainly want to know. Update: Michelle Malkin is also on the case. "Court mulls early release of Uighurs from Gitmo": Hope Yen of The Associated Press has an article that begins, "A federal appeals court expressed skepticism Monday about a judge's order releasing 17 Turkic Muslims from Guantanamo Bay, Cuba, into the United States." Posted at 11:45 AM by Howard Bashman "Supreme Court Justice Clarence Thomas visits the Manhattan Institute for Policy Research in NYC [and] speaks to the audience on the U.S. Constitution and the role of government": C-SPAN has posted online at this link (RealPlayer required) the video of this past Saturday's broadcast of C-SPAN's "America & the Courts." Posted at 11:00 AM by Howard Bashman U.S. Court of Appeals for the Second Circuit issues opinions in cases captioned In re Terrorist Bombings of U.S. Embassies in East Africa: The Second Circuit has today issued three separate rulings: one opinion addresses a defendant's Fourth Amendment challenges; another opinion addresses the other defendants' Fifth Amendment challenges; and the third opinion addresses the defendants' remaining challenges to their federal criminal convictions. The syllabus for each opinion begins, "Defendants appeal from judgments of conviction entered by the United States District Court for the Southern District of New York (Leonard B. Sand, Judge) following a jury trial in which defendants were found guilty of offenses arising from their involvement in an international conspiracy--led by Osama Bin Laden and organized through the al Qaeda terrorist network--to kill American citizens and destroy American facilities across the globe." The bottom line is that the defendants' convictions are affirmed but one defendant must be resentenced. Update: In early coverage, The Associated Press reports that "Appeals court in NYC upholds convictions." Pa. Supreme Court denies review of case in which Pa. Superior Court reinstated $3 million verdict for real estate brokerage that sued its lawyer, insurer: In the February 7, 2006 issue of The Legal Intelligencer, Shannon P. Duffy had an article headlined "Common Pleas Judge Tosses $3 Mil. Verdict." Thereafter, the lawyers for the plaintiffs hired me to assist them with the briefs and oral argument on appeal. On May 22, 2007, I argued the appeal in the Pa. Superior Court. And on October 5, 2007, the Pa. Superior Court issued a decision reinstating the jury's verdict. In coverage of that ruling, Shannon P. Duffy of The Legal Intelligencer reported that "$3 Million Verdict Reinstated for Real Estate Brokerage That Sued Its Lawyer, Insurer." The defendants then filed petitions for allowance of appeal in the Supreme Court of Pennsylvania. In an order issued last Thursday and posted online this morning, Pennsylvania's highest court denied the petitions for allowance of appeal. "Good judicial philosophy was presented in lecture": Yesterday's edition of The Lubbock Avalanche-Journal contained an editorial that begins, "It was a privilege to have U.S. Supreme Court Justice Antonin Scalia in Lubbock recently, and his lecture reminded us why we appreciate his judicial philosophy." Posted at 08:33 AM by Howard Bashman "An offbeat religion tests the First Amendment's balance": Columnist Linda P. Campbell had this op-ed last Thursday in The Fort Worth Star-Telegram. Posted at 08:30 AM by Howard Bashman "Italians tell story of immigrant experience; Alito family one of many from Mercer to make mark": This article appeared yesterday in The Times of Trenton, New Jersey. Posted at 08:27 AM by Howard Bashman Available online from law.com: An article reports that "2nd Circuit Cool to Arguments Seeking Redress of Corporate Liability on Employee Criminal Acts." And in other news, "Alaska Drilling Case May Test 9th Circuit's Enviro Cred." In the current issue of The Harvard Law Record: An article is headlined "Profs: District of Columbia v. Heller is a 'Second Amendment Revolution.'" And in other news, "Justice Breyer presides over 97th Ames Moot Court Competition." "Prop. 8 backers splinter as court fight resumes": This article appears today in The San Francisco Chronicle. Posted at 08:10 AM by Howard Bashman "Closing Guantanamo prison may be the easy part for Obama; Much harder will be sorting out the legal complexities of holding, prosecuting, transferring or releasing the roughly 250 prisoners": Julian E. Barnes and David G. Savage have this article today in The Los Angeles Times. Posted at 08:05 AM by Howard Bashman "As Bush's Term Ends, Some Big Names Seek Pardons": This article appears today in The Washington Post. Posted at 08:00 AM by Howard Bashman  
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