How Appealing


Friday, September 4, 2015

Get Shorty but don't lock him up for 216 years: The Altoona (Pa.) Mirror, whose articles are essentially inaccessible online to non-subscribers, today contains a front page article (access in PDF format today only via the Newseum) headlined "Court Vacates Lengthy Sentence; Appellate panel says mandatory prison terms can't be used for dealer."

You can access Tuesday's published opinion of a unanimous three-judge panel of the Superior Court of Pennsylvania in Commonwealth v. Carter at this link.
Posted at 10:44 AM by Howard Bashman




NextGen CM/ECF doesn't require Java for federal appellate electronic filing: That's the good news, but that system of federal appellate e-filing has yet to be implemented across much of the nation. Thus far, only the Second and Ninth Circuits have implemented it.

My related post from last night -- titled "Is the current method of federal appellate electronic filing becoming technologically obsolete?" -- can be accessed here.
Posted at 07:44 AM by Howard Bashman




"The Next Justices: A guide for GOP candidates on how to fill Court vacancies." Law professors Josh Blackman and Randy E. Barnett have this cover story in the September 14, 2015 issue of The Weekly Standard.
Posted at 07:38 AM by Howard Bashman




Thursday, September 3, 2015

"Contentious Case Over Gay Rights Nothing New to a Kentucky Judge": Richard Perez-Pena will have this article in Friday's edition of The New York Times.
Posted at 11:32 PM by Howard Bashman




My client prevailed today on the most important issue presented in the Pa. Supreme Court oral argument I delivered back on March 10th: You can access today's unanimous ruling of the Supreme Court of Pennsylvania at this link in a case in which I represented the plaintiff on appeal. A couple of earlier posts noting the oral argument can be accessed here and here.
Posted at 11:20 PM by Howard Bashman




"Civil rights lawsuit revived against Nevada agency": The Las Vegas Review Journal has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:08 PM by Howard Bashman




Is the current method of federal appellate electronic filing becoming technologically obsolete? Whenever I try to discuss technology at the level required by this post, I quickly reveal my own ignorance. With that disclosure out of the way, let me sound a warning for those who may someday soon attempt their first federal appellate electronic filing after having upgraded to Windows 10.

The federal appellate CM/ECF electronic filing system requires a web browser with Java installed to operate. Microsoft's new Windows 10 browser, known as Edge, does not support Java. And Google Chrome also recently stopped supporting Java. That does still leave the option of using the Firefox browser, which is what I used to e-file the Reply Brief that I filed today in the U.S. Court of Appeals for the Third Circuit. But that was after more than a few anxious moments wondering why none of the previous ways that I had accomplished federal appellate e-filings in the past was working.

Before the Windows 10 upgrade, I had used Internet Explorer to accomplish my CM/ECF federal appellate filings, which was one of the rare times that I would use that web browser. Microsoft Edge purports to allow the user to open a web page in Internet Explorer, but that option did not allow me to launch the CM/ECF application earlier today on my desktop computer running Windows 10.

If readers have encountered these or other recent difficulties with federal appellate e-filing, or have discovered solutions that haven't yet occurred to me, please feel free to send along your experiences via email and I will gladly share points of general interest with this blog's readers.
Posted at 11:00 PM by Howard Bashman




"The Next Justices. Filling Supreme Court vacancies: a guide for GOP candidate." Law professors Randy E. Barnett and Josh Blackman will have a cover story article bearing that headline in the September 14, 2015 issue of The Weekly Standard.

Although the text of the article is not yet online, Blackman has posted at his blog a photograph of the magazine's cover image created for the article.
Posted at 10:35 PM by Howard Bashman




"Judges predict foes will win on birth control mandate": Lyle Denniston has this post at "SCOTUSblog" about a dissent from the denial of a sua sponte call for rehearing en banc in which five judges serving on the U.S. Court of Appeals for the Tenth Circuit joined today. Today's order specifies that rehearing en banc was denied by a vote of 7-to-5.

And in other coverage, The Associated Press reports that "Federal Judges Object To Birth Control Ruling."
Posted at 10:22 PM by Howard Bashman




So much for that U.S. Supreme Court victory: This past April, in a case captioned Rodriguez v. United States, the U.S. Supreme Court ruled in favor of the convicted defendant who was challenging his extended traffic stop detention for purposes of a drug dog sniff. You can access the ruling at this link. My earlier coverage of that ruling appears here and here.

Today, on remand from the Supreme Court, the U.S. Court of Appeals for the Eighth Circuit ruled that the defendant's conviction must stand given the state of Eighth Circuit law before the Supreme Court's reversal in this very case. You can access today's ruling at this link.
Posted at 01:38 PM by Howard Bashman




"Kim Davis found in contempt; taken into custody": The Louisville Courier-Journal has this news update.

And The Associated Press reports that "Judge jails Kentucky clerk for refusing marriage licenses."
Posted at 01:27 PM by Howard Bashman




"Washington Supreme Court rules against Backpage.com": The Associated Press has a report that begins, "The Washington Supreme Court has ruled in favor of three young girls who sued Backpage.com after they were sold as prostitutes on the site."

You can access today's 6-to-3 ruling of the Supreme Court of Washington State at this link.
Posted at 01:25 PM by Howard Bashman




"Judge sides with Brady, NFL promises 'Deflategate' appeal": The Associated Press has this report.
Posted at 01:22 PM by Howard Bashman




"Sotomayor shares Supreme Court insight, advice": The Observer, the student newspaper of Notre Dame, has this report, along with an article headlined "Students react to conversation with Justice Sotomayor."
Posted at 01:16 PM by Howard Bashman




"Little Sisters: Cato Institute Targets the Affordable Care Act -- Yet Again." Gregory M. Lipper has this post today at the "Bill of Health" blog.
Posted at 01:12 PM by Howard Bashman




"The Supreme Court's 2014-2015 Term: The Year the Administrative State Trembled." Joel Alicea has this article online today at Public Discourse.
Posted at 08:02 AM by Howard Bashman




"Conservative legal group defends clerk's stand against gay marriage": Lawrence Hurley of Reuters has this report.
Posted at 07:58 AM by Howard Bashman




"Sotomayor opens up during appearance at Notre Dame; Justice talks about workings of court and overcoming biases": This front page article appears in today's edition of The South Bend Tribune.
Posted at 07:55 AM by Howard Bashman




"Judges Standing Upside-Down": Linda Greenhouse has this essay online today at The New York Times.
Posted at 07:52 AM by Howard Bashman




Wednesday, September 2, 2015

"Court: Investigators can examine Fattah emails." Jeremy Roebuck of The Philadelphia Inquirer has this report.

And Jonathan Stempel of Reuters reports that "Indicted Philadelphia congressman cannot suppress warrant for emails."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:56 PM by Howard Bashman




"Ky clerk Kim Davis stands firm amid ridicule": The Louisville Courier-Journal has this news update.

In Thursday's edition of The New York Times, Alan Blinder and Richard Fausset will have an article headlined "Kentucky Clerk Who Said 'No' to Gay Couples Won't Be Alone in Court."

And The Associated Press has a report headlined "Lesbian couple, like Kentucky clerk, standing up for beliefs."
Posted at 10:40 PM by Howard Bashman




"Texas clinics file Supreme Court appeal of abortion law": Mark Sherman of The Associated Press has this report.
Posted at 10:36 PM by Howard Bashman




"Large Number of Inmates in Solitary Poses Problem for Justice System, Study Says; Supreme Court justices, lawmakers and corrections officials have criticized the practice": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:57 PM by Howard Bashman




"Possible 'Coming Liberal Disaster' on Class Actions, Too": Patricia W. Moore has this post today at the "Civil Procedure & Federal Courts Blog."
Posted at 03:24 PM by Howard Bashman




"Judge eager to re-enter NSA surveillance fight": Josh Gerstein has this blog post online today at Politico.com.
Posted at 03:21 PM by Howard Bashman




"Texas Two-Steps All Over Voting Rights: It says it can make voting as difficult as it wants to, and any law that says otherwise is unconstitutional." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.
Posted at 01:32 PM by Howard Bashman




"FAN 75 (First Amendment News) Justice Kagan & the future of Abood, the strength of stare decisis, & the relevance of Garcetti": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:15 AM by Howard Bashman




"The Coming Liberal Disaster at the Supreme Court": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 08:37 AM by Howard Bashman




"A Supreme Court Justice Will Appear as Guest on Stephen Colbert's Late Show": Mediaite has this report.
Posted at 08:35 AM by Howard Bashman




"Clerk in gay marriage fight once unlikely to wage moral war": The Associated Press has this report.

The Lexington Herald-Leader has a front page article headlined "Judge orders Rowan clerk to appear in court Thursday after she again denies marriage licenses."

And The Louisville Courier-Journal has a front page article headlined "Kim Davis gets Matt Bevin's 'absolute' backing."
Posted at 08:21 AM by Howard Bashman




"Sands China recruits Alan Dershowitz for lawsuit appeal": The Associated Press has this report.
Posted at 08:07 AM by Howard Bashman




"Alabama's gay marriage loss could cost taxpayers $200,000": Casey Toner of The Mobile Press-Register has this report.
Posted at 08:00 AM by Howard Bashman




"Court says Shelby County can't collect $2 million in legal fees for voting rights lawsuit": Kent Faulk of The Birmingham News has this report.

Lawrence Hurley of Reuters reports that "U.S. court denies $2 million legal fees to conservatives in voting rights case."

And at "SCOTUSblog," Lyle Denniston has a post titled "When is a Supreme Court victory not a win?"

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:56 AM by Howard Bashman




Tuesday, September 1, 2015

"Plaintiffs/Appellants Granted Panel Rehearing in 2257 Case": Mark Kernes of AVN News has this report.

And Rhett Pardon of XBIZ.com reports that "FSC Wins Rehearing in 2257 Case."

You can access today's order of the U.S. Court of Appeals for the Third Circuit granting panel rehearing at this link.

You can also access online the Free Speech Coalition's petition for rehearing, the federal government's response in opposition, and the reply in support of rehearing.
Posted at 10:42 PM by Howard Bashman




"Kim Davis cites God, crowd jeers gay couple": The Louisville Courier-Journal has a news update that begins, "Defying the Supreme Court, Rowan County Clerk Kim Davis said she was acting 'under God's authority' as she continued to deny marriage licenses Tuesday to gay couples, whose lawyers filed a motion to find her in contempt of court."

Alan Blinder and Richard Perez-Pena of The New York Times report that "Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court."

The Associated Press reports that "Kentucky clerk, citing God, defies courts on gay marriage."

And Cristian Farias of The Huffington Post reports that "Kentucky Can't Just Fire The Clerk Who Won't Give Marriage Licenses To Gay Couples: The benefits of being an elected official."
Posted at 08:33 PM by Howard Bashman




"Class actions and the separation of powers: a Spokeo debate." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:32 PM by Howard Bashman




"NY court refuses to hear appeals in chimp personhood case": The Associated Press has this report.
Posted at 01:33 PM by Howard Bashman




"California agrees to move thousands of inmates out of solitary confinement": The Los Angeles Times has this news update.

And Reuters reports that "California prisons to vastly reduce solitary confinement."
Posted at 01:32 PM by Howard Bashman




"Legal battle over First Amendment plays out at Denver courthouse; Dispute between police, protesters at Denver courthouse started with jury nullification pamphlet": Noelle Phillips has this front page article in today's edition of The Denver Post.
Posted at 10:58 AM by Howard Bashman




In the September 2015 issue of ABA Journal magazine: Kevin Davis has an article headlined "Those convicted as juveniles who are serving life without parole hope the court will go back in time."

Stephanie Francis Ward has an article headlined "States deal with religious and gay rights in the wake of same-sex marriage ruling."

Lorelei Laird has an article headlined "'Raging Bull' decision could rouse patent holders to sue decades after alleged infringement."

And the new installment of Bryan A. Garner's "On Words" column is titled "Good headings show you've thought out your arguments well in advance."
Posted at 08:25 AM by Howard Bashman




"The Latest: No marriage licenses at Kentucky clerk's office." The Associated Press has this report.
Posted at 08:22 AM by Howard Bashman




"Appeals court upholds Jesus statue on Montana mountain": The Associated Press has this report.

My earlier coverage of yesterday's unpublished Ninth Circuit ruling can be accessed here.
Posted at 07:26 AM by Howard Bashman




Monday, August 31, 2015

"Judges' procedural questions hint at skepticism on California death penalty ban": Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that "Federal judges hint they'll bow out of challenge to death penalty."

Howard Mintz of The San Jose Mercury News reports that "California death penalty under court microscope."

In Tuesday's edition of The New York Times, Erik Eckholm will have an article headlined "California Defends Its Review Process in Appeal to Preserve Death Penalty."

Reuters reports that "Appeals court looks reluctant to overturn California death penalty."

And The Associated Press reports that "Court considers challenge to California death penalty."

You can view the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:24 PM by Howard Bashman




"Supreme Court Says Kentucky Clerk Must Let Gay Couples Marry": Adam Liptak of The New York Times has this report.

Sandhya Somashekhar and Robert Barnes of The Washington Post report that "Supreme Court rejects county official's request in gay-marriage case."

David G. Savage of The Los Angeles Times has an article headlined "Kentucky clerk who refused to issue gay marriage licenses is out of luck: Supreme Court rejects her case."

Richard Wolf of USA Today reports that "Supreme Court says Kentucky clerk can't deny same-sex marriage licenses."

Greg Stohr of Bloomberg News reports that "Clerk Must Issue Gay-Marriage Licenses After High Court Rebuff."

Reuters reports that "U.S. Supreme Court denies Kentucky clerk request on gay marriage licenses."

And at "SCOTUSblog," Lyle Denniston has a post titled "Kentucky clerk loses on same-sex marriage plea."
Posted at 10:02 PM by Howard Bashman




"Supreme Court rules against clerk in gay marriage case": The Associated Press has a report that begins, "The U.S. Supreme Court has ruled against a Kentucky county clerk who says her Christian faith should exempt her from having to issue marriage licenses to same-sex couples."

You can access this evening's order of the U.S. Supreme Court at this link.

And in related coverage, The Louisville Courier-Journal has a news update headlined "Rowan clerk could face criminal prosecution."
Posted at 07:46 PM by Howard Bashman




"In the Execution Business, Missouri Is Surging; Defense lawyers call it a crisis; the state says it's just doing its job": Maurice Chammah has this article online today at The Marshall Project.
Posted at 04:27 PM by Howard Bashman




"US Supreme Court: Ex-Virginia gov to remain free for now." The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Former governor to remain free during appeal."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 04:25 PM by Howard Bashman




"[T]he government's continued authorization of the ["Big Mountain Jesus"] statue on federal land does not violate the Establishment Clause." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a non-precedential ruling issued today (via "Mirror of Justice").
Posted at 01:24 PM by Howard Bashman




"U.S. appeals court rules for Argentine central bank in bond case": Nate Raymond of Reuters has this report.

And Bloomberg News reports that "Argentine Central Bank Assets Can't Be Seized by Bondholders."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:07 PM by Howard Bashman




"Court to rule if California death penalty is cruel, unusual": The Associated Press has this report.
Posted at 01:00 PM by Howard Bashman




The death penalty in early America: In the September 7, 2015 issue of The New Yorker, Stacy Schiff has an "Annals of Terror" article titled "The Witches of Salem: In 1692, the Massachusetts Bay Colony executed fourteen women, five men, and two dogs for witchcraft."

Schiff's new book -- "The Witches: Salem, 1692" -- is scheduled for publication on October 27, 2015.
Posted at 10:10 AM by Howard Bashman




"Marshall Rothstein muses on nine years in Canada's Supreme Court; 'I do not view the court as being any opposition to the government,' retiring judge tells the Star; 'We're just trying to do our job'": Tonda MacCharles has this front page article in today's edition of The Toronto Star.
Posted at 08:22 AM by Howard Bashman




"Supreme Court's 'Long Conference': Where Appeals 'Go to Die.'" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

Liptak's report discusses, among other things, an article recently posted online at SSRN titled "Seasonal Affective Disorder: Clerk Training and the Success of Supreme Court Certiorari Petitions."
Posted at 08:15 AM by Howard Bashman




Sunday, August 30, 2015

"Off Their Front Porch: Protesters Have No Free-Speech Rights On Supreme Court Plaza; An appellate court ruled the Constitution doesn't apply with equal force on the high court's plaza." Cristian Farias of The Huffington Post has this report today.
Posted at 11:28 PM by Howard Bashman




"Kentucky clerk who opposes same-sex marriage turns to Supreme Court for help": David G. Savage of The Los Angeles Times has this report.
Posted at 11:26 PM by Howard Bashman




"ELB Podcast Episode 3: Larry Lessig: Bold Campaign Reformer or Don Quixote?" Rick Hasen has this post today at his "Election Law Blog."

And if you missed episode two of the ELB Podcast, it was titled "Floyd Abrams, Citizens United, Free Speech, and the Supreme Court."
Posted at 10:44 PM by Howard Bashman




"West Point professor calls on US military to target legal critics of war on terror; US military academy official William Bradford argues that attacks on scholars' home offices and media outlets -- along with Islamic holy sites -- are legitimate": Spencer Ackerman of The Guardian (UK) has this report.

You can view the article as published in the National Security Law Journal (whose home page now includes an apology for publishing the article) at this link.
Posted at 10:14 PM by Howard Bashman




"The Rehabilitationists: How a small band of determined legal academics set out to persuade the Supreme Court to undo the New Deal -- and have almost won." Brian Beutler has this article online at The New Republic.
Posted at 09:32 PM by Howard Bashman







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