Litigation

A Mystery in Madison

Posted on December 21, 2009
Wisconsin’s Supreme Court justices, already struggling to rewrite ethics rules guiding when judges should avoid a case, received new and unusual publicity when four of the state’s seven justices said they had to step aside from a civil appeal, without offering any public explanation of their decision...

Justice at Stake Hails ?Major? Advances in 2009

Posted on December 21, 2009
The Justice at Stake Campaign hailed 2009 as a year of historic victories for court reform, led by “major” wins in the U.S. Supreme Court and in Michigan and Wisconsin, two of the nation’s most heated judicial election battlegrounds...

Suit Attacks WI Public Financing Law

Posted on December 21, 2009
A landmark law recently passed by the Wisconsin legislature (photo of state capitol at left) for public financing of state Supreme Court candidates  is facing a lawsuit challenging its constitutionality. Wisconsin Right to Life filed the lawsuit, contending that the new law violates free speech rights guaranteed under the First Amendment, according to an Associated Press article...

?Gavel to Gavel? Gears Up

Posted on December 21, 2009
Gavel to Gavel, a publication of the National Center for State Courts that tracks state legislation affecting the courts, has returned to active production and also has issued a review of state legislation in 2009. William Raftery, editor of Gavel to Gavel, invited those interested in weekly updates to subscribe by contacting gaveltogavel@ncsc...

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Rancor on the (WI) Court

Posted on December 18, 2009
Is  protecting fair and impartial courts from the influence of judicial campaign spending so hot an issue that it can cause acrimony among sitting justices? Apparently so, suggests a thorough report by The Capital Times in Madison, Wi. on a bitterly divided Wisconsin Supreme Court...

Citizens United: A Supreme ?Hijacking??

Posted on December 18, 2009
Former New York Times Supreme Court reporter Linda Greenhouse, who knows the workings of the high court far better than most, must be enjoying the freedom that comes with teaching law instead of reporting on it.  In an online column published by the Times, she  lacerates the high court for its approach to the major [...

U.S. Judge: Courts Can Handle Detainee Trials

Posted on December 18, 2009
Judge Royce Lamberth, chief judge of the U.S. District Court for Washington, D.C., says he is confident the  court system can handle terror trials for Guantanamo Bay detainees. “I think federal judges are capable of trying whatever comes our way,” he remarked while addressing a breakfast hosted by the American Bar Association, according to a post in [...

Thursday Media Report

Posted on December 17, 2009
GUANTANAMO BAY DETAINEES/COURTS Free Speech Radio News: Courts decide Guantanamo detainees are not “persons” under US law (w/audio) 12/15/2009 Miami Herald: Federal judge orders 32nd detainee freed from Guantánamo CAROL ROSENBERG – 12/16/2009 National Review Online: Gitmo Does Not Cause Terrorism Andrew C...

Drug Giant Expands Ban on Judicial Donations

Posted on December 17, 2009
In the wake of the U.S. Supreme Court’s Caperton v. Massey decision, a major drugmaker will forego making political donations to state supreme court candidates. The Merck PAC’s Contributions Committee “recently adopted a policy that would bar any Merck PAC or corporate political contributions to candidates running for the position of state supreme court justice,” Charles [...

Congress Punts on Patriot Act Renewal

Posted on December 17, 2009
Three key USA Patriot Act provisions appear headed for a two-month extension, after House of Representatives leaders resisted a Senate plan to insert reauthorization of the expiring  provisions into a must-pass Pentagon spending bill. House Leader Nancy Pelosi argued that to accept inclusion of the provisions would lead to a “revolt on the left,” according to [...

Two U.S. Appeals Nominees Get Senate Hearing

Posted on December 17, 2009
Two sitting North Carolina judges nominated by President Obama for the 4th U.S. Circuit Court of Appeals “breezed through” a short confirmation hearing by the Senate Judiciary Committee, according to an article in the Charlotte News & Observer...

Keeping Score on Habeas Justice for Detainees

Posted on December 17, 2009
How have detainees at Guantanamo Bay fared in their habeas corpus  appeals since a U.S. Supreme Court ruling last year establishing that prisoners there may challenge their detention in U.S. courts? You can track the numbers at a new Gitmo Habeas Scoreboard available from the Washington Independent...

Foes Organize Against Butler Nomination

Posted on December 16, 2009
President Obama’s nomination of former Wisconsin Supreme Court Justice Louis L. Butler Jr. to the federal district court appears to be drawing organized opposition from a number of conservatives, including former U.S. Attorney General Edwin Meese...

Tuesday Media Summary

Posted on December 15, 2009
CITIZENS UNITED NY Times/The Caucus: Court Keeps Campaigns in Suspense Adam Liptak – 12/14/2009 The Volokh Conspiracy: Where is Citizens United? John Elwood – 12/14/2009 Blog Of Legal Times: The Long Vigil for Citizens United Tony Mauro – 12/14/2009 GUANTANAMO BAY DETAINEES/COURTS NY Times: Brooklyn May Also Play Host to Terror Trials WILLIAM K...

?Gitmo North? Plan Stirs Ire

Posted on December 15, 2009
A decision by the Obama administration to transfer some Guantanamo Bay terror suspects to a prison in northwestern Illinois, and to hold U.S. military commission trials there, sparked criticism from multiple flanks. The move would give “…terrorist enemy combatants access to the same rights as U...

Ohio Right-to-Life Group Opposes Appointive Plan

Posted on December 15, 2009
A right-to-life group in Ohio has become the first major organization to stake out its opposition to a proposal for changing the way that Ohio Supreme Court justices are selected. Ohio Right to Life is displeased with the proposal floated by Chief Justice Thomas J...

More Disclosure on Judge Applicants in Missouri

Posted on December 15, 2009
The names of more people seeking to become judges in Missouri will be made public, as a result of a new rule approved by the state Supreme Court. Under previous rules, the only names disclosed were of those candidates recommended by nominating panels to the governor for certain judicial appointments, including the state Supreme Court...

Citizens United: ?Where, oh Where??

Posted on December 15, 2009
The Supreme Court’s deliberate pace in deciding a major campaign finance case already has been noted by Gavel Grab, which reported it is all but certain a decision in Citizens United v. Federal Election Commission will not be released before Jan...

Monday Media Summary

Posted on December 14, 2009
CITIZENS UNITED Politico: The Supreme Court leaves Washington in the lurch KENNETH P. VOGEL – 12/14/2009 FireDogLake: “Corporate Personhood”: An Oxymoron All Progressives Should Know About Hannah McCrea – 12/11/2009 GUANTANAMO BAY DETAINEES COURTS NBC New York: Former AG Mukasey, Giuliani Blast 9/11 Trial Decision JONATHAN DIENST – 12/11/2009 WISCONSIN RECUSAL Madison Capital Times: Justice Roggensack mounts tortured defense of legalized bribery Editorial – 12/12/2009 FEDERAL [...

Citizens United: A ?900-Pound Gorilla? of a Case

Posted on December 14, 2009
Political professionals, corporations, outside groups and advocates are among many in Washington that the U.S. Supreme Court has left “in [the] lurch” by apparently waiting until Jan. 11 at the earliest to issue an important campaign finance ruling, according to an article in Politico...

N.C. Bar Chief Praises 2 Appellate Nominees

Posted on December 14, 2009
President Obama’s two recent nominations to the 4th U.S. Circuit Court of Appeals from North Carolina “clearly represent the best opportunity [the state] has experienced in its quest for equitable representation” on that bench, writes John R...

WI Recusal Debate Flares Anew

Posted on December 14, 2009
Although the Wisconsin Supreme Court has at least temporarily rescinded a new rule on judicial recusal, a vigorous debate over recusal standards has continued. The court?s recusal policy, passed in a 4-3 vote on Oct. 28, declared that a judge should ?never? recuse solely on the basis that a litigant had financially supported his or her election...

Judicial ?Push-back? Over Federal Recusal Proposal

Posted on December 14, 2009
Some lawmakers in the House of Representatives are considering writing changes to the process for disqualification of federal judges, and the federal judiciary is “pushing back,” according to an article in National Law Journal. In the wake of the Supreme Court’s decision in Caperton v...

Citizens United Ruling not Until Next Year?

Posted on December 12, 2009
A Supreme Court ruling in the important campaign finance case Citizens United v. Federal Election Commission is not expected until next year. On Monday, Dec. 14, the high court expects to issue only orders in cases and not any opinions, according to a post in SCOTUSblog, based on a public announcement from the court...

Friday Media Summary

Posted on December 11, 2009
GUANTANAMO BAY DETAINEES/COURTS JURIST: Federal judge finds Pentagon in contempt for failing to record Guantanamo testimony Jaclyn Belczyk – 12/10/09 JUDICIAL SELECTION Associated Press: Justices Making New Push To Abolish Elected Judges 12/10/09 Blog Of Legal Times: O’Connor Helps Launch New Initiative Against Judicial Elections Jordan Weissmann – 12/10/2009 WISCONSIN RECUSAL Madison Capital Times: High court has another chance to get it right on [...

New Push Launched to Abolish Judicial Elections

Posted on December 10, 2009
A group of prominent judges including retired U.S. Supreme Court Justice Sandra Day O’Connor is planning a nationwide initiative next year to abolish the election of judges. The Denver-based Institute for the Advancement of the American Legal System announced the project, called the O’Connor Judicial Selection Initiative, to boost state-level efforts to end the practice of [...

Thursday Media Summary

Posted on December 10, 2009
JUSTICE AT STAKE OhioImpact: States Also Await Ruling in Citizens United 12/09/2009 (Reprint of Gavel Grab Article) GUANTANAMO BAY DETAINEES/COURTS NY Times: U.S. Attorney General Goes to N.Y. for Meetings on 9/11 Trials Al Baker – 12/10/2009 NY Post: Holder tours federal courthouse ahead of 9/11 terror trial Bruce Golding – 12/10/2009 NY Daily News: New York City is the right [...

Governor Signs Ethics Bill in Illinois

Posted on December 10, 2009
A year after then-Gov. Rod Blagojevich (photo below) was handcuffed and charged with corruption, his successor signed into law a bill setting the first campaign contribution limits in Illinois history. “I think that last year at this very day was an alarm bell, as I said at the time, to the people of Illinois that there [...

Wednesday Media Summary

Posted on December 09, 2009
GUANTANAMO BAY DETAINEES/COURTS Associated Press: Lawyers for Guantanamo Prisoner to Get Documents 12/8/09 NBC NYC: Exclusive: 9/11 Grand Jury Now Hearing Evidence in NYC JONATHAN DIENST – 12/9/09 Huffington Post: Former Guantanamo Prosecutor Loses Job for Criticizing Military Commissions Andy Worthington – 12/8/09 MERIT SELECTION Choose Judges on Merit: Highlights of the Merit Selection Hearing 12/8/09 RECUSAL The Nation: Federal Judge Removed from Sanchez Case After [...

Former Gitmo Prosecutor Writes, Loses New U.S. Job

Posted on December 09, 2009
A former chief prosecutor of the U.S. military commissions at Guantanamo Bay has lost his job as a congressional researcher over some controversial pieces he wrote in a personal capacity, according to an article in Huffington Post. Morris Davis, a retired Air Force colonel, lost his job at the Congressional Research Service...

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