How Appealing


Wednesday, October 1, 2014

"Federal court considers guns in post offices": The Associated Press has a report that begins, "The U.S. Postal Service and a rural Colorado man argued in court Wednesday over where on postal property people can legally carry guns."
Posted at 03:40 PM by Howard Bashman




"Supreme Court Justice Antonin Scalia to speak at CU-Boulder this evening": The Boulder Daily Camera has this report.
Posted at 03:32 PM by Howard Bashman




"Judicial panel rules against Democrat who wanted replacement candidate in U.S. Senate race; Ruling comes minutes before 2 p.m. deadline": Steve Fry of The Topeka Capital-Journal has this news update.

Dave Helling of The Kansas City Star has a news update headlined "Kansas court says Democrats need not provide nominee for U.S. Senate race."

The Associated Press has a report headlined "Court: Democrats don't need Kansas Senate nominee."

And at his "Election Law Blog," Rick Hasen has a post titled "In KSSEN, Dems Do Not Need to Replace Chad Taylor on Ballot" providing a link to the ruling.
Posted at 02:56 PM by Howard Bashman




Two Carneses, two Pryors, and a partridge in a pear tree: Demonstrating that actual reporting can be accomplished at "How Appealing" when the mood strikes, I am pleased to report that Jill A. Pryor will begin serving as a judge on the U.S. Court of Appeals for the Eleventh Circuit on Monday, October 6, 2014. The U.S. Senate unanimously confirmed her nomination by a 97-to-0 vote on September 8, 2014. Here's wishing the newest Judge Pryor a long, enjoyable, and successful career on the court!
Posted at 02:17 PM by Howard Bashman




"Ford loses bid to recoup $450 mln interest on overpaid taxes": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:28 PM by Howard Bashman




"Breaking: 4th Circuit, on 2-1 Vote, Partially Blocks NC Voting Changes: Analysis." Rick Hasen has this post at his "Election Law Blog" reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.

In early coverage, The Charlotte Observer has a news update headlined "Federal appeals court restores same-day voting, but doesn't expand early voting window."
Posted at 12:58 PM by Howard Bashman




"Open Chambers: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals." Judge Stephen Louis A. Dillard of the Court of Appeals of Georgia has this interesting article in the Summer 2014 issue of the Mercer Law Review. The article's formal cite is 65 Mercer L. Rev. 831 (Summer 2014).

The article begins, "I vividly remember the day I learned of my appointment to the Georgia Court of Appeals." Thanks to Judge Dillard and the Mercer Law Review for their permission to post the article online here.
Posted at 12:48 PM by Howard Bashman




"Federal appeals court to mull guns in post offices": The Associated Press has this report previewing a case scheduled for oral argument today at the U.S. Court of Appeals for the Tenth Circuit.
Posted at 11:30 AM by Howard Bashman




"Texas appeals court upholds DeLay reversal": The Associated Press has this report.

Today's 8-to-1 ruling of the Texas Court of Criminal Appeals -- that state's highest court in criminal cases -- consists of a majority opinion, a concurring opinion, and a dissenting opinion.
Posted at 11:25 AM by Howard Bashman




"Can Democrats replace Ginsburg?" Joshua Huder had this post recently at the "Rule 22" blog.
Posted at 10:47 AM by Howard Bashman




On move-in day, please pardon our appearance: If you are reading this post, you have found this blog's new location. If you've been automatically forwarded from this blog's former location, you may want to update your bookmarks now.

From the birth of this blog in May 2002 until now, more than 80,000 posts have appeared at "How Appealing." One consequence is that it takes much republishing of pages to have this blog's new template appear throughout all of this blog's archives.

The good news, however, is that new posts are already appearing and the entirety of this blog's archives have relocated, even though a good deal of those archives are still in the process of being republished to reflect this blog's new template.

Readers, one aspect of this site's redesign was to eliminate the blogroll providing links to so-called "Especially Appealing Blogs." It seems that such blogrolls are falling out of favor, if the current designs of "The Volokh Conspiracy," "SCOTUSblog," "Above the Law," or "InstaPundit" are any indication. Most of the traffic I send to other blogs originates from links that appear in posts, rather than in the blogroll.

On the other hand, I found the blogroll a convenient way for me to jump from my page to other sites that I enjoy reading. If enough readers want that blogroll feature reinstated, I may just be able to accomplish that. The best way to let me know if you favor the inclusion of the "Especially Appealing Blogs" list in this blog's new template is to let me know via email at appellateblog@hotmail.com.
Posted at 10:42 AM by Howard Bashman




"Your Type May Be Ripe For Review": Chris Mincher has this post focusing on typography today at the "Maryland Appellate Blog."
Posted at 10:20 AM by Howard Bashman




"Whistleblowers Under Threat in Supreme Court Case, Lawmakers Warn": Jacob Gershman had this post yesterday at WSJ.com's "Law Blog."

And also yesterday, the U.S. Office of Special Counsel issued a news release titled "OSC Files First Supreme Court Amicus Brief to Help Protect Whistleblower Rights."
Posted at 10:18 AM by Howard Bashman




"Court to hear appeal in defamation case": The Scranton Times-Tribune has this report on an order granting allowance of appeal that the Supreme Court of Pennsylvania issued yesterday.

My coverage of the case from earlier this year appears here and here.
Posted at 10:04 AM by Howard Bashman




"What if high court rejects gay marriage cases?" Mark Sherman of The Associated Press has this report.
Posted at 09:56 AM by Howard Bashman




By a vote of 8-to-5, en banc Third Circuit permits use of warrantless GPS evidence under the good faith exception to the exclusionary rule: You can access today's en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Circuit Judge Joseph A. Greenaway, Jr. wrote the lead dissenting opinion, which begins, "Once touted as a way to ensure that the rights of citizens are protected from overzealous law enforcement, today the exclusionary rule's very existence, long eroding, is in serious doubt."
Posted at 09:48 AM by Howard Bashman




"Judicial Reform Group Shutting Down After 101 Years": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "The American Judicature Society, a powerful advocate for judicial reform, ethics and research, is shutting its doors after 101 years in existence."

You can freely access the full text of the post via Google.
Posted at 09:40 AM by Howard Bashman




"Gay-Marriage Showdown Weighed by U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 09:36 AM by Howard Bashman




"Gay Marriage And The Blockbuster Issues SCOTUS Is About To Take On": Sahil Kapur of TPM DC has this report.
Posted at 09:34 AM by Howard Bashman




"Long-Term Secrecy Surrounds Electronic Monitoring; Recent Unsealing Shows How Applications Are Kept Hidden Long After Cases Are Closed": In today's edition of The Wall Street Journal, Michael Siconolfi has an article that begins, "A federal judge's recent unsealing of a secret government request for electronic monitoring shines a light on how such applications are kept hidden from the public long after criminal cases that result from them are closed."
Posted at 08:12 AM by Howard Bashman




"Federal judge sides with Pruitt in Obamacare lawsuit": Chris Casteel has this article in today's edition of The Oklahoman.

Today's edition of The Tulsa World contains an article headlined "Oklahoma prevails in court challenge to Affordable Care Act's subsidies."

At "SCOTUSblog," Lyle Denniston has a post titled "Federal judge limits health care subsidies."

And at Forbes.com, Michael F. Cannon has a post titled "Pruitt v. Burwell: IRS's Illegal ObamaCare Taxes/Spending Suffer Another Defeat In Federal Court."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of Oklahoma at this link.
Posted at 08:07 AM by Howard Bashman




"Are Liberals Fundraising Hypocrites?" Thomas B. Edsall has this essay online at The New York Times.
Posted at 08:00 AM by Howard Bashman




"All of which points to Solicitor General Donald Verrilli as the logical, if not inevitable, choice. Close enough to be trusted; not too close to be questioned." So writes columnist Ruth Marcus in today's edition of The Washington Post, in an op-ed titled "Eric Holder's exit leaves a complicated vacuum to fill."
Posted at 07:54 AM by Howard Bashman




"Divided appeals court explains voter ID ruling": The Associated Press has this report.

Courthouse News Service reports that "Seventh Circuit Explains Why It Upheld Wisconsin Voter ID Law."

And at his "Election Law Blog," Rick Hasen has a post titled "7th Circuit Issues Opinions in Earlier 5-5 Split on WI Voter ID Law: Next Stop SCOTUS?"

Yesterday, the U.S. Court of Appeals for the Seventh Circuit issued a per curiam decision denying reconsideration. Accompanying that decision was a dissent from the court's denial of rehearing en banc in which five judges joined.
Posted at 07:50 AM by Howard Bashman




"Oklahoma Department of Corrections releases new execution protocol": This article appears in today's edition of The Oklahoman.

And The Associated Press reports that "Oklahoma unveils new execution procedures."
Posted at 07:40 AM by Howard Bashman




"On Hobby Lobby, Ginsburg Was Right": Jeffrey Toobin has this post online at The New Yorker.
Posted at 07:33 AM by Howard Bashman




"Administration urges rejection of Brewer's appeal": The Associated Press has a report that begins, "The Obama administration has urged a court to reject Arizona Gov. Jan Brewer's appeal of a ruling that blocks the state from denying driver's licenses to young immigrants who have avoided deportation under a change ordered by the president."

Update: The U.S. Court of Appeals for the Ninth Circuit has posted the federal government's amicus brief filed yesterday at this link.
Posted at 07:30 AM by Howard Bashman




"Lawsuit challenges law limiting use of abortion drugs in Oklahoma": This article appears in today's edition of The Oklahoman.

And today's edition of The Tulsa World contains an article headlined "Lawsuit challenges Oklahoma law putting restrictions on abortion drug RU486; The Oklahoma statute, which goes into effect Nov. 1, prohibits off-label use of an abortion drug."
Posted at 07:25 AM by Howard Bashman




"Ex-Marine lawyer gets top job overseeing Guantanamo war court": Carol Rosenberg of The Miami Herald has this report.
Posted at 07:16 AM by Howard Bashman




"This Court Erred: The Supreme Court has almost always sided with the wealthy, the privileged, and the powerful, a new book argues." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:14 AM by Howard Bashman




"10th Circuit sticks up for class actions in $1.1 bln Dow opinion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 07:08 AM by Howard Bashman




Tuesday, September 30, 2014

At midnight, this blog is moving to its new online home: Following nearly eight and a half wonderful years during which this blog was hosted at the Law.com web site, effective Wednesday, October 1, 2014 "How Appealing" will be hosted by Breaking Media in affiliation with its highly successful "Above the Law" blog. This blog's new address effective at midnight is http://howappealing.abovethelaw.com. Please adjust your bookmarks accordingly.

Also moving to the new address will be this blog's entire archives, stretching back to May 6, 2002, and this blog's "20 questions for the appellate judge" interview archives.

I wish all of my friends at ALM/Law.com all the best for the future, and I thank them for their kindness over the past many years. At the same time, I am very much looking forward to the future and this blog's new location and affiliation with "Above the Law."

My most sincere thanks of all, however, are reserved for this blog's readers, because without you this blog would not continue to exist. Thank you for reading, and I hope you will visit often at this blog's new address.
Posted at 03:45 PM by Howard Bashman




"After Decades of Action, Supreme Court Cools on School Cases": Mark Walsh of Education Week has this report (registration required for full access). A graphic accompanying the article is already freely accessible.
Posted at 03:16 PM by Howard Bashman




"Full D.C. Circuit Weighs Contractors' Political Contributions": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google.

Update: In other coverage, Josh Gerstein of Politico.com has a blog post titled "D.C. Circuit skeptical on contractor donation ban."

The U.S. Court of Appeals for the D.C. Circuit has posted the audio of today's en banc oral argument online at this link (40.7 MB mp3 audio file).
Posted at 01:46 PM by Howard Bashman




"A few thoughts on Heien v. North Carolina": Orin Kerr has this post at "The Volokh Conspiracy." Heien is scheduled to be the first and only case argued at the U.S. Supreme Court on the first Monday in October.
Posted at 01:36 PM by Howard Bashman




Your lying eyes: Today's edition of The Yale Daily News contains an article headlined "Video evidence not immune from bias."

Last Saturday at Vox, German Lopez had a post titled "Video footage was supposed to offer jurors objective evidence; Sometimes, it doesn't."

And last Tuesday, New York University posted a news release titled "Video Blinds Us to the Evidence, NYU, Yale Study Finds."
Posted at 01:30 PM by Howard Bashman




"Dow Chemical fails to overturn $1.06 billion price-fixing award": Jonathan Stempel of Reuters has this report.

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 01:20 PM by Howard Bashman




Ninth Circuit rejects Commerce Clause challenge to Alameda County, California's Safe Drug Disposal Ordinance: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Michael A. Carvin argued the appeal on behalf of the appellants, who were seeking to invalidate the ordinance.
Posted at 01:15 PM by Howard Bashman




"Divorce law out of sync with same-sex marriage": The Associated Press has this report.
Posted at 01:10 PM by Howard Bashman




"Colorado Supreme Court considers whether workers can be fired for marijuana use": John Ingold of The Denver Post has this news update providing access to video of this morning's Supreme Court of Colorado oral argument in this case.

And The Associated Press reports that "Colorado high court considers pot firing case."

Update: In other coverage, Reuters reports that "Colorado court hears appeal of worker fired for medical marijuana."
Posted at 01:05 PM by Howard Bashman




"Prosecutors float possibility of jail time for former Justice Melvin": Bobby Kerlik of The Pittsburgh Tribune-Review has this news update.
Posted at 12:07 PM by Howard Bashman




"Appeals court to state: Turn over IDs of executioners." Brian Haas has this article in today's edition of The Tennessean reporting on a ruling that the Court of Appeals of Tennessee issued yesterday.
Posted at 11:45 AM by Howard Bashman




"Ginsburg Faulted for Comment on Texas Abortion Law": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.
Posted at 11:27 AM by Howard Bashman




"How Serious Is the Supreme Court About Religious Freedom? A new case will test whether the justices' defense of conscience in Hobby Lobby applies to minority religions like Muslims, or just to Christians." Law professor Dawinder S. Sidhu has this essay online today at The Atlantic.
Posted at 11:02 AM by Howard Bashman




"Supreme Court's next same-sex marriage move: Sooner or later?" Stephanie Condon of CBS News has this report today.
Posted at 10:58 AM by Howard Bashman




"An Obscure Senate Procedure May Have Just Reelected America's Most Anti-Union Governor": Ian Millhiser has this post at ThinkProgress (via "The Indiana Law Blog").
Posted at 09:56 AM by Howard Bashman




"Panelists Brief Press on New Supreme Court Cases": Georgetown Law has issued this news release. You can access the video of the two-hour event via this link.

Via C-SPAN, you can also access online SCOTUS Term previews that were hosted by Smithsonian Associates and the Woodrow Wilson International Center for Scholars.
Posted at 09:48 AM by Howard Bashman




"Karmeier pens 16-page order explaining why he won't recuse in Price v. Philip Morris": The Madison-St. Clair (Ill.) Record has this report.
Posted at 08:04 AM by Howard Bashman




"Constitution Check: Is there a right to vote before election day?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:52 AM by Howard Bashman




"Colorado high court considers pot firing case": The Associated Press has this report.
Posted at 07:42 AM by Howard Bashman




"Killing the 'Nuclear Option' Will Not Save the Senate; It Will Ruin Obama's Final Two Years": Brian Beutler has this essay online at The New Republic.
Posted at 07:38 AM by Howard Bashman




"SCOTUS could inject same-sex marriage into races": Josh Gerstein of Politico.com has an article that begins, "Same-sex marriage, which has barely generated a peep in most of this fall's political races, could soon make an unexpected appearance on the campaign trail if the Supreme Court announces that it will rule on whether the Constitution guarantees gay marriage rights."
Posted at 07:35 AM by Howard Bashman




Starting tomorrow: "How Appealing" will have a new online address.

Beginning on Wednesday, October 1, 2014, you will need to visit http://howappealing.abovethelaw.com to access new posts.

One final reminder will appear this evening in my final post at this blog's current location. While the move is underway this evening, any appellate-related updates will appear only in this blog's Twitter feed (@howappealing), which will also offer a link to this blog's new online address beginning tomorrow.
Posted at 07:30 AM by Howard Bashman




Monday, September 29, 2014

"A Supreme Failure: It's time for the Supreme Court to do a better job at upholding the Constitution." Law professor Erwin Chemerinsky has this essay online today at Politico Magazine.
Posted at 11:11 PM by Howard Bashman




"Colorado Supreme Court to hear case of man fired over medical marijuana": Colorado Public Radio today has a report that begins, "Tomorrow, Colorado's Supreme Court will consider whether employers should be able to fire workers for using medical marijuana."
Posted at 11:00 PM by Howard Bashman




"Circuit Upholds Rejection of EEOC's Gender Pay Lawsuit": Mark Hamblett of the New York Law Journal has an article that begins, "The Equal Employment Opportunity Commission has lost its appeal of a case alleging that the Port Authority of New York and New Jersey paid some of its female attorneys far less than their male counterparts."

You can freely access the full text of the article via Google.

Circuit Judge Debra Ann Livingston wrote today's ruling of the U.S. Court of Appeals for the Second Circuit on behalf of a unanimous three-judge panel. And Rosemary Alito argued the case on behalf of the Port Authority of New York and New Jersey.
Posted at 09:54 PM by Howard Bashman




"Easton settles Boobies costs for $385,000": Peter Hall of The Morning Call of Allentown, Pennsylvania has this news update.

And Kurt Bresswein of The Express-Times of Easton, Pennsylvania has a news update headlined "Easton Area School District to pay attorneys' fees in 'I (heart) Boobies!' case."
Posted at 09:32 PM by Howard Bashman




"For next attorney general, reach across aisle; Like at Defense, an attorney general and a president should come from different parties": Law professor Glenn Harlan Reynolds will have this op-ed in Tuesday's edition of USA Today.
Posted at 09:25 PM by Howard Bashman




"Some Judicial Opinions Require Only 140 Characters; Justice Don Willett of the Texas Supreme Court Lights Up Twitter": Jesse Wegman will have this Editorial Observer essay in Tuesday's edition of The New York Times.

You can access Texas Supreme Court Justice Don Willett's Twitter feed at this link.
Posted at 09:18 PM by Howard Bashman




"Pennsylvania's top judge wonders whether jurists involved in emailed porn": Karen Langley of The Pittsburgh Post-Gazette has a news update that begins, "The chief justice of the Pennsylvania Supreme Court has asked Attorney General Kathleen Kane to identify any judicial official who participated in an electronic exchange of pornography."

The Associated Press reports that "Pennsylvania chief jurist warns of impact on cases if judges exchanged pornography with state lawyers."

And at the "Philly Clout" blog, Chris Brennan of The Philadelphia Daily News has a post titled "Castille: Porn-viewing judges must 'pay the piper.'"
Posted at 09:10 PM by Howard Bashman




"Should Federal Judges Have to Turn over Their Medical Records?" Joe Palazzolo has this post today at WSJ.com's "Law Blog."
Posted at 08:35 PM by Howard Bashman




"Law School hosts annual Supreme Court Preview": The William & Mary Law School has published this news release.
Posted at 08:26 PM by Howard Bashman




"State Supreme Court to do away with unsigned opinions": The Charleston (W. Va.) Gazette has a news update that begins, "Calling them unnecessary, West Virginia Supreme Court justices will no longer deliver unsigned opinions."
Posted at 08:20 PM by Howard Bashman




"Ruth Bader Ginsburg on the Worst Supreme Court Ruling": Juliet Lapidos has this post today at the "Taking Note" blog of The New York Times.
Posted at 08:00 PM by Howard Bashman




"Matters of Privacy": In the Talk of the Town section of the October 6, 2014 issue of The New Yorker, Margaret Talbot has a Comment that begins, "In most of its details, the domestic-violence case of Mark Fuller was not all that unusual."
Posted at 07:54 PM by Howard Bashman




"The Supreme Court's Marriage Choice": Richard Socarides has this post online today at The New Yorker.

And online at Slate, law professors Susannah W. Pollvogt and Catherine E. Smith have an essay titled "The Smartest Constitutional Argument for Marriage Equality That No One Is Making."
Posted at 07:52 PM by Howard Bashman




"Supreme Court Blocks Order to Restore 7 Days of Voting in Ohio": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules 5-4 for Republican plan to limit early voting in Ohio."

Richard Wolf of USA Today reports that "A divided Supreme Court delays early voting in Ohio."

Jim Provance of The Toledo Blade has a news update headlined "U.S. Supreme Court blocks early voting in Ohio."

Greg Stohr of Bloomberg News reports that "Ohio's Voting 'Golden Week' Halted by U.S. Supreme Court."

Reuters reports that "U.S. Supreme Court votes 5-4 to delay start of early Ohio voting."

And Josh Gerstein of Politico.com has a blog post titled "Supreme Court lets Ohio limit early voting."
Posted at 07:42 PM by Howard Bashman




"Marvel settlement with Kirby leaves freelancers' rights in doubt": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:07 PM by Howard Bashman




"New documents show legal basis for NSA surveillance programs": Reuters has this report.
Posted at 05:40 PM by Howard Bashman




"Early voting in Ohio blocked": Lyle Denniston has this post at "SCOTUSblog."

The Columbus Dispatch has a news update headlined "U.S. Supreme Court blocks early voting in Ohio."

The Associated Press reports that "High court puts off start of early voting in Ohio."

And at his "Election Law Blog," Rick Hasen has a post titled "Supreme Court, 5-4, Blocks Extension of Early Voting in Ohio: Analysis."

You can view today's 5-to-4 order of the U.S. Supreme Court granting a stay at this link.
Posted at 04:52 PM by Howard Bashman




"Court-ordered anti-smoking ads challenged by firms": The Associated Press has this report.
Posted at 03:42 PM by Howard Bashman




"Stakes high for agencies as justices weigh key rulemaking tool": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:18 PM by Howard Bashman




"How Appealing" readers guess who will be the next Solicitor General of the United States if Donald B. Verrilli, Jr. becomes the next Attorney General: Thanks to all of the readers who took the time to email their best guesses. I have to admit that there aren't many surprises on this list, which may make it a good starting point for the Obama administration if the need for a new SG were to arise sometime soon.

Reader guesses, in no particular order, are:

Ian Gershengorn (currently the Principal Deputy Solicitor General);

Beth Brinkmann (currently the Deputy Assistant Attorney General);

law professor Pam Karlan (on leave from Stanford, currently the Deputy Assistant Attorney General for Civil Rights);

Deanne Maynard;

David Frederick;

Kathleen Sullivan;

Paul M. Smith;

Edwin Kneedler;

Neal Katyal (perhaps this time actually confirmed by the U.S. Senate); and

Lisa Blatt.

Thanks to those readers who took the time to offer their best guesses. We shall soon see whether this speculation becomes more relevant.
Posted at 03:14 PM by Howard Bashman




In the October 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Inmate's right to wear a beard is among cases coming up this SCOTUS term."

And the new installment of Bryan A. Garner's "On Words" column is titled "10 tips for better legal writing."
Posted at 02:58 PM by Howard Bashman




"Gay marriage supporters, opponents alike eager for Supreme Court ruling": David G. Savage of The Los Angeles Times has this report.
Posted at 02:53 PM by Howard Bashman




"Dow Loses $1.2 Billion Price-Fixing Appeal": Barry Barnett has this post at "Blawgletter" about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.

Paul D. Clement argued the case on behalf of the victorious appellees, while Carter G. Phillips argued the case for the appellant.
Posted at 02:50 PM by Howard Bashman




"Securities case dropped; split on legal issue remains": Lyle Denniston has this post at "SCOTUSblog." You can access today's order of the U.S. Supreme Court dismissing certiorari as improvidently granted at this link.

And Lawrence Hurley of Reuters reports that "U.S. top court, in reversal, dismisses IndyMac securities case."
Posted at 02:15 PM by Howard Bashman




"Scalia has a secrecy problem: Hiding and hypocrisy at the Supreme Court; The court plays a growing activist role in our politics and lives -- yet all nine justices hide in the shadows." Law professors Eric Segall and Lisa McElroy have this essay online today at Salon.com.
Posted at 12:20 PM by Howard Bashman




"Justice Ginsburg's Twisted Logic": Online at Bloomberg View, Jonathan Bernstein has an essay that begins, "What happens if conservative Supreme Court justices retire strategically (that is, their departure is timed so that like-minded replacements can be named and confirmed), and liberal justices don't? The answer is obvious, and depressing for liberals. And yet that appears to be the situation now, and there's not much anyone can do about it."
Posted at 12:17 PM by Howard Bashman




"Will early voting start Tuesday?" The Columbus (Ohio) Dispatch has this news update.
Posted at 12:14 PM by Howard Bashman




"The Halbig Subpoena": Michael F. Cannon has this post today at Forbes.com.
Posted at 12:11 PM by Howard Bashman




"Supreme Court Same-Sex Marriage Ruling Likely to Land in Term's Finale": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:07 PM by Howard Bashman




"Poll: Utahns evenly split as Supreme Court considers gay marriage; It's 49 percent yes vs. 48 percent no." Marissa Lang has this front page article in today's edition of The Salt Lake Tribune.
Posted at 12:03 PM by Howard Bashman




"UVA Law Professor Douglas Laycock to Argue for Inmate's Religious Beliefs in U.S. Supreme Court": The University of Virginia School of Law issued this news release today.
Posted at 12:00 PM by Howard Bashman




"US bid for secret Guantanamo force-feeding hearings prompts cover-up fears; The Guardian is among several news organisations planning to file a motion to challenge the administration's secrecy request": Spencer Ackerman of The Guardian (UK) has this report.
Posted at 11:34 AM by Howard Bashman




"The Voting Wars Heat Up: Will the Supreme Court allow states to restrict voting for partisan advantage?" Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 11:25 AM by Howard Bashman




When will we hear from the U.S. Supreme Court which cases have been granted review at the opening conference? Last year, the opening conference occurred on Monday, September 30, 2013, and the announcement of new cases granted review issued at 9:30 a.m. on Tuesday, October 1, 2013.

This year, the opening conference is occurring today. If last year is any indication, however, we may not learn of which cases the Court decided to grant review in today until 9:30 a.m. tomorrow.
Posted at 10:58 AM by Howard Bashman




"Supreme Court meets to consider taking gay marriage cases": Lawrence Hurley of Reuters has this report.
Posted at 10:50 AM by Howard Bashman




"More on the remarkable Justice Ruth Bader Ginsburg": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 08:36 AM by Howard Bashman




"High court may take Norfolk same-sex marriage case": This article appears in today's edition of The Virginian-Pilot.
Posted at 08:32 AM by Howard Bashman




"Court of Appeals selection is a tricky political consideration for Gov. Cuomo": Ken Lovett of The New York Daily News has this blog post today.
Posted at 08:30 AM by Howard Bashman




"Who's Getting the Work at the Supreme Court? An elite group of firms now argues a larger proportion of the court's shrinking caseload." Tony Mauro has this article online at The American Lawyer.

You can freely access the full text of the article via Google.
Posted at 08:22 AM by Howard Bashman




"Ohio asks U.S. Supreme Court to back 28 days of early voting": The Dayton Daily News has this report.
Posted at 08:17 AM by Howard Bashman




"Will the Supreme Court Take Up Mehanna?" Andy Wang has this post today at the "Lawfare" blog.
Posted at 08:15 AM by Howard Bashman




"Gay Marriage and 6 Other Big Issues on Supreme Court Agenda": Ariane de Vogue of ABC News has this report.
Posted at 08:14 AM by Howard Bashman




"How Appealing" will have a new online address beginning Oct. 1, 2014: As recently announced here and here, beginning on Wednesday this blog will have a new online address, http://howappealing.abovethelaw.com.

What this means is that today and tomorrow new posts will continue to appear at this blog's current address. But on Wednesday, new posts will appear only at this blog's new address.
Posted at 08:10 AM by Howard Bashman




Sunday, September 28, 2014

"Gay marriage case shows basic split in approach by Utah A.G. candidates; Reyes says all state laws must be defended; Stormont says elected official should use discretion": Robert Gehrke will have this article in Monday's edition of The Salt Lake Tribune.
Posted at 10:50 PM by Howard Bashman




"Court to Weigh Political-Contribution Ban for Government Contractors; Challengers Say Restriction Is Too Broad, Preventing Donations to Independent Political Committees": Brent Kendall will have this article in Monday's edition of The Wall Street Journal reporting on a case scheduled to be argued before the en banc U.S. Court of Appeals for the D.C. Circuit on Tuesday.

You can freely access the full text of the article via Google.
Posted at 10:48 PM by Howard Bashman




"Cut by the Supreme Court: When the justices denied these cases, justice was underserved." Brianne Gorod has this jurisprudence essay online at Slate.
Posted at 09:50 PM by Howard Bashman




"With The End In Sight, Holder Reflects On His Legacy": Carrie Johnson had this audio segment on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 09:38 PM by Howard Bashman




"'Supreme Court Preview: What Is in Store for October Term 2014?' was a luncheon event of the Federalist Society at the National Press Club." C-SPAN has posted online the video of this event, at which Adam Liptak of The New York Times served as moderator.
Posted at 09:21 PM by Howard Bashman




"Confirmation battles are back": Burgess Everett of Politico.com has this report.
Posted at 09:17 PM by Howard Bashman




"Supreme Ambitions: A Novel by David Lat." Marcia Oddi has this post mentioning "How Appealing" today at "The Indiana Law Blog."
Posted at 09:14 PM by Howard Bashman




"Ruth Bader Ginsburg Is an American Hero; She's staying put -- and has some choice words for young feminists; An interview": Law professor Jeffrey Rosen has this lengthy interview of Justice Ruth Bader Ginsburg online at The New Republic.
Posted at 07:58 PM by Howard Bashman




"Prop 122 would allow state to curb perceived federal overreach": Howard Fischer of The East Valley (Ariz.) Tribune has this report.
Posted at 07:54 PM by Howard Bashman




"Law school dean to the Supreme Court: This love affair is over." Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 07:45 PM by Howard Bashman




"Is the Supreme Court Ready to Settle the Gay Marriage Battle?" Miranda Leitsinger of NBC News has this report.

In today's edition of The Oklahoman, Chris Casteel has an article headlined "Same-sex marriage in Oklahoma: Really soon, next summer or never? U.S. Supreme Court justices are scheduled to meet Monday to discuss whether to review Oklahoma's same-sex marriage case or cases from other states."

And in today's edition of The Deseret News, columnist Drew Clark has an essay titled "Either view of marriage debate should support Utah's high court case."
Posted at 08:56 AM by Howard Bashman




"Wilton's Verrilli in running for nation's top prosecutor": This article appears in today's edition of The Connecticut Post of Bridgeport.

At 3 p.m. eastern time Monday, I will post readers' predictions for who will become the next Solicitor General of the United States if that happens.

Those wishing to offer their best guess(es) for publication at this blog can email me at appellateblog@hotmail.com. I will not publish the name or otherwise describe or identify anyone who chooses to respond. And for those who prefer that competitions have rules, the one rule of this competition is that you can't nominate yourself.
Posted at 08:50 AM by Howard Bashman




"You Want to Go Out With Your Colt. Will America Let You?" Joel Rosenblatt of Bloomberg News has an article that begins, "Millions more Americans will have the right to drive and walk around U.S. cities with hidden, loaded guns if freelance videographer Edward Peruta wins his fight to carry one on assignment."
Posted at 08:44 AM by Howard Bashman




"Fictitious case to snare judge was elaborate": Jeremy Roebuck and Mark Fazlollah have this front page article in today's edition of The Philadelphia Inquirer.
Posted at 08:40 AM by Howard Bashman




"Are any judges on sexy email list? Pa. Supreme Court chief justice wants to know." The Associated Press has a report that begins, "The chief justice of the Pennsylvania Supreme Court has asked for the names of any judges involved in the exchange of hundreds of emails containing pornography that the state attorney general's office said were sent or received by numerous state officials and employees."

And today's edition of The Philadelphia Inquirer contains an article headlined "Complex story behind Kane's release of pornographic e-mails."

My most recent earlier coverage appears at this link.
Posted at 08:30 AM by Howard Bashman




"Supreme Court candidate supports jury nullification": John S. Adams has this front page article in today's edition of The Great Falls (Mont.) Tribune, along with a front page article headlined "Rice boasts experience in re-election bid."
Posted at 08:25 AM by Howard Bashman




"AG to Appeal School Finance Ruling to Supreme Court": The Texas Tribune has this report.
Posted at 08:22 AM by Howard Bashman




"Supreme Court justices to discuss conviction of 'shock jock' Hal Turner": NJ.com has an article that begins, "The U.S. Supreme Court justices on Monday will discuss whether or not to consider overturning the conviction of a North Bergen 'shock jock' who allegedly threatened to kill three federal judges in 2009."
Posted at 08:20 AM by Howard Bashman




"L.A. wants court to revive law allowing motel guest registry searches": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 08:10 AM by Howard Bashman




Saturday, September 27, 2014

"Abortion, judicial issues attracting campaign contributors": This article will appear in Sunday's edition of The Knoxville News Sentinel.
Posted at 11:30 PM by Howard Bashman




"The Supreme Court is a life sentence for Ruth Bader Ginsburg; After 21 years, she might like to retire, but that would probably let in a right-winger, so she feels she can't": Rupert Cornwell has this essay online at The Independent (UK).
Posted at 11:27 PM by Howard Bashman




"Judges on the Campaign Trail": Adam Liptak will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 09:40 PM by Howard Bashman




"Court urged to let Ohioans vote early": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:28 PM by Howard Bashman




"Utah gay marriage case first in line at Supreme Court": Dennis Romboy will have this article in Sunday's edition of The Deseret News.
Posted at 09:12 PM by Howard Bashman




"Candidate's essay spurred 'intelligent design' debate": In today's edition of The Great Falls Tribune, John S. Adams has an article that begins, "Former Montana solicitor general and current Montana Supreme Court candidate Lawrence VanDyke in 2004 wrote a book review in the Harvard Law Review that caused a stir among legal scholars and intelligent design advocates."

The article also contains numerous mentions of law professor Brian Leiter, who was once prompted by a New York Times article to ask the burning question "Howard Bashman, Nonpartisan?"

Update: Finding the book review essay from the January 2004 issue of the Harvard Law Review online is not easy, although much if not all of the essay can be accessed via the Internet Archive's Wayback Machine.

In April 2004, The Harvard Law Record reported on the dust-up between VanDyke and Leiter in an article headlined "Law Review book note attacked."
Posted at 01:45 PM by Howard Bashman




"Passports and foreign affairs": Today at the "Congress Blog" of The Hill, Stephen Krueger has a post that begins, "Part of the appellate question, before the United States Supreme Court in Zivotofsky v. Kerry, is whether the notation, in a United States passport, of 'Israel' as the place of birth of a citizen who was born in Jerusalem, 'impermissibly infringes on the President's exercise of the recognition power reposing exclusively in him.'"
Posted at 01:23 PM by Howard Bashman




"Let states, not courts, decide marriage policy": Edwin Meese III and Ryan T. Anderson have this op-ed online at The Washington Post.
Posted at 01:20 PM by Howard Bashman




"Corbett, Castille press for names, details on porn e-mails": In today's edition of The Philadelphia Inquirer, Craig R. McCoy and Angela Couloumbis have a front page article that begins, "Gov. Corbett and the chief justice of the Pennsylvania Supreme Court have asked state Attorney General Kathleen G. Kane to turn over more names and details about the sexually explicit e-mails shared over state-owned computers by prominent commonwealth officials."

According to the article, "In an interview Friday, Chief Justice Ronald D. Castille, leader of the seven-member high court, said any judge exchanging 'grossly pornographic' e-mails might have violated ethical rules that forbid judges from using court equipment for all but minimal personal matters."

And in other coverage, Steve Esack has an article headlined "Corbett, Chief Justice want Kane to turn over sexually explicit emails uncovered in Jerry Sandusky review" in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 01:16 PM by Howard Bashman




"Navajo language fluency is a 'reasonable' requirement for president, tribal Supreme Court says; Grievance sent back to lower court; Chris Deschene's candidacy could be in jeopardy": This front page article appears in today's edition of The Daily Times of Farmington, New Mexico.

The Associated Press reports that "Navajo high court weighs case on language fluency."

And in related coverage, today's edition of The New York Times contains an article headlined "Presidential Candidate in Navajo Nation Protests a Language Requirement."

Those interested in Native American-related legal developments should regularly visit the "Turtle Talk" blog, an outstanding resource that describes itself as the "Indigenous Law and Policy Center Blog Michigan State University College of Law."

Update: Thanks to a reader who helpfully supplied the link, you can access yesterday's order of remand of the Supreme Court of the Navajo Nation at this link.
Posted at 11:28 AM by Howard Bashman




"Third group wants in on NSA case": Josh Gerstein of Politico.com has this blog post today.
Posted at 11:16 AM by Howard Bashman




"Montana Supreme Court hears arguments in punitive damages cap case": This article appears in today's edition of The Bozeman Daily Chronicle.
Posted at 10:44 AM by Howard Bashman




"Why the Supreme Court keeps smacking down America's top patent court": Timothy B. Lee has this report online at Vox.
Posted at 10:38 AM by Howard Bashman




"Supreme Court prepares for another round of same-sex marriage arguments": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 10:36 AM by Howard Bashman




"Superheroes' lawsuit settled before Supreme Court fight": Richard Wolf of USA Today has this report.

And today's edition of The New York Times contains an article headlined "Marvel Settles With Family of Comics Artist Jack Kirby."
Posted at 10:34 AM by Howard Bashman




"Who's a seaman? Supreme Court may chart the waters." The Associated Press has this report.
Posted at 10:20 AM by Howard Bashman




"Committee to Handle Courts' Investigation of Alabama Judge": Alyson M. Palmer of the Daily Report of Fulton County, Georgia has an article that begins, "A committee has been appointed to handle the federal courts' investigation of an Alabama federal judge facing calls for his resignation over domestic violence allegations, according to the judge's lawyer."

You can freely access the full text of the article via Google News.
Posted at 09:44 AM by Howard Bashman




"Administration to Back Same-Sex Marriage at Supreme Court: Holder." Pete Williams of NBC News has this report (with video).
Posted at 09:37 AM by Howard Bashman




Friday, September 26, 2014

Majority opinion by Easterbrook, dissent by Posner: Rulings of the U.S. Court of Appeals for the Seventh Circuit that meet this description are typically worth a look. One such decision issued today.
Posted at 11:58 PM by Howard Bashman




"State of Alaska defends gay-marriage ban": The Associated Press has this report.
Posted at 10:50 PM by Howard Bashman




Dan Packel of Law360.com reports on two of my cases today: Dan's first article is headlined "Pa. Superior Court Won't Rehear $10M Motrin Verdict" (subscription required for full access). My most recent earlier coverage of this case, in which I serve as appellate counsel for plaintiffs, can be accessed here.

And Dan's second article is titled "Preemption Trend Favors Pharma In Generic Reglan Fight" (subscription required for full access). My most recent coverage of this case, in which I serve as appellate counsel for plaintiffs, can be accessed here.
Posted at 09:35 PM by Howard Bashman




"Federal Court Declines to Take Up Wisconsin's Voter ID Law": Monica Davey will have this article in Saturday's edition of The New York Times.

And Bloomberg News reports that "Wisconsin ID Ruling Withstands Appellate Rehearing Bid."
Posted at 09:28 PM by Howard Bashman




"Inside the Koch Brothers' Toxic Empire: Together, Charles and David Koch control one of the world's largest fortunes, which they are using to buy up our political system; But what they don't want you to know is how they made all that money." This article appears in the current issue of Rolling Stone magazine.
Posted at 08:50 PM by Howard Bashman




"2nd Circuit to define 'original information' for SEC whistleblowers": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 07:58 PM by Howard Bashman




"Preferential hiring of Navajo at mine ruled OK": Howard Fischer of The Arizona Daily Star has a news update that begins, "Indian nations are free to demand that private firms doing business on reservation land give preference to tribal members despite anti-discrimination laws, a federal appeals court ruled Friday."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit, written by Circuit Judge William A. Fletcher on behalf of a unanimous three-judge panel, at this link.

And the blog "Turtle Talk" offers access to the appellate briefs and other materials via this link.
Posted at 07:50 PM by Howard Bashman




Ninth Circuit grants rehearing en banc in Arizona judicial candidate campaign free speech case: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My coverage of the earlier ruling of a divided three-judge Ninth Circuit panel in this case can be accessed here.
Posted at 07:42 PM by Howard Bashman




Guess the next Solicitor General of the United States: Thanks to those readers who have sent in their predictions on who the next Solicitor General might be if the current one is indeed promoted to become Attorney General. Because today is a bit of a quiet day for various reasons, I might refrain from posting responses until 3 p.m. Monday afternoon.

Those wishing to offer their best guess(es) for publication at this blog can email me at appellateblog@hotmail.com. I will not publish the name or otherwise describe or identify anyone who chooses to respond. And for those who prefer that competitions have rules, the one rule of this competition is that you can't nominate yourself.
Posted at 03:08 PM by Howard Bashman




"Marvel, Jack Kirby Estate Settlement Brings End to High-Stakes Battle; Why a battle over Spider-Man, X-Men, and the Avengers was important": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post that begins, "On Friday, Marvel ended a long and bitter feud with the estate of comic book legend Jack Kirby, announcing a settlement just days before the U.S. Supreme Court had scheduled a conference to discuss whether to take up a case with potentially billions on the line."

Update: In other coverage, Reuters reports that "Comic book legend Jack Kirby's heirs settle with Marvel."
Posted at 02:03 PM by Howard Bashman




"2nd Circ. Jeopardizes Fund's Buy Of $230M Madoff Claim": Law360.com has this report (subscription required for full access) reporting on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Paul D. Clement argued the appeal against Kathleen M. Sullivan in May 2014.
Posted at 01:48 PM by Howard Bashman




Writings of interest in the Summer 2014 issue of The Green Bag: In addition to the Ex Ante item titled "Bashman and the Judges," the current issue contains the following:
Posted at 01:35 PM by Howard Bashman




"Argument preview: Justices to mull pleading standard for removal." Ronald Mann has this post today at "SCOTUSblog."
Posted at 01:16 PM by Howard Bashman




"Why You Can't Trust The Supreme Court, In Three Quotes": At ThinkProgress, Ian Millhiser has a post that begins, "Lawyers who are hoping to bring a case to the Supreme Court typically claim that the law is on their side, and they generally rely on citations to legal authorities and doctrines to prove this point. It's not every day that an attorney states openly to a reporter that he thinks he's going to win his case because he expects the justices to behave like partisan hacks."
Posted at 01:10 PM by Howard Bashman




"Attorney general confirmation process is fractious even before it's begun": Paul Kane and Juliet Eilperin have this article in today's edition of The Washington Post.

In today's edition of The New York Times, Michael D. Shear has an article headlined "Eric Holder Resigns, Setting Up Fight Over Successor."

Glenn Thrush of Politico Magazine has an article headlined "Why Holder Quit: The backstory of how Obama lost his 'heat shield.'"

And at the "Behind the News" blog of Columbia Journalism Review, David Uberti has a post titled "Reporters jump the gun on Eric Holder replacement speculation; After news broke of the attorney general's resignation, journalists got ahead of themselves."
Posted at 11:24 AM by Howard Bashman




Majority on en banc Fifth Circuit holds no punies for injured seamen under under either the Jones Act or general maritime law: The en banc U.S. Court of Appeals for the Fifth Circuit yesterday issued this 9-to-6 ruling.

A reader of this blog offers this helpful summary of the decision: "The majority holds that seamen and their estates may not recover punitive damages for their employer's willful and wanton breach of the maritime law duty to provide a seaworthy vessel. The majority and dissent offer competing theories of statutory displacement of general maritime law and differ, more broadly, over the role federal courts should assume in the creation and development of federal maritime law."
Posted at 11:14 AM by Howard Bashman




"Breaking: 7th Cir. Denies Rehearing En Banc in WI Voter ID Case on an Equally Divided Vote: Analysis." Law professor Rick Hasen has this post at his "Election Law" blog.

Today's order of the U.S. Court of Appeals for the Seventh Circuit concludes:

A judge called for a vote on the request for a hearing en banc. That request is denied by an equally divided court. Chief Judge Wood and Judges Posner, Rovner, Williams, and Hamilton voted to hear this matter en banc. In the coming days, members of the court may file opinions explaining their votes.
In early news coverage, Jason Stein of The Milwaukee Journal Sentinel reports that "Bid to get full Appeals Court hearing on voter ID falls 1 vote short."
Posted at 10:57 AM by Howard Bashman




"Why This Conservative Lawyer Thinks He Can Still Cripple Obamacare": Sahil Kapur of TPM DC has this report today.
Posted at 10:54 AM by Howard Bashman




"Superheroes' copyright fight may reach Supreme Court": Richard Wolf of USA Today has this report.
Posted at 10:32 AM by Howard Bashman




Now for the question that's really on everyone's mind this morning: If Donald B. Verrilli, Jr. becomes the next Attorney General of the United States, who will President Obama nominate to be the next Solicitor General of the United States?

Your best guesses, for publication at this blog, are hereby solicited via email to appellateblog@hotmail.com. I will not publish the name or otherwise describe or identify anyone who chooses to respond.

In related coverage, Vox has a report titled "2 things you need to know about Don Verrilli, the frontrunner to be Attorney General."

And for those who may have forgotten or missed it, last October "SCOTUSblog" had a five-part video interview with Solicitor General Verrilli. You can view the complete interview via YouTube at this link.
Posted at 10:26 AM by Howard Bashman




"The Two Newest SCOTX Justices Discuss the Unpredictable Nature of Their Court": John Council will have this article in Monday's edition of Texas Lawyer.

You can freely access the full text of the article via Google News.
Posted at 09:38 AM by Howard Bashman




"Ohio plans to appeal anti-lie ruling": The Cincinnati Enquirer has this report.
Posted at 09:30 AM by Howard Bashman




"Gaming the Supreme Court: Which state has the best chance of making gay marriage the law of the land?" Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 09:28 AM by Howard Bashman




"State goes to U.S. Supreme Court to stop expanded early voting": The Columbus (Ohio) Dispatch has this report.

Jim Provance of The Toledo Blade reports that "U.S. Supreme Court is asked to stay early vote decision."

And The Associated Press reports that "Ohio asks US Supreme Court to delay voting order."
Posted at 09:26 AM by Howard Bashman




"The Supreme Court Is Looking Out for the Rights of the Majority; In the last term, conservative justices moved to protect wealthy donors and Christians, while looking skeptically on claims for minorities": Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 09:18 AM by Howard Bashman




"Ex-justice Orie Melvin asks state Supreme Court to hear her appeal": Paula Reed Ward has this article in today's edition of The Pittsburgh Post-Gazette.

And today's edition of The Pittsburgh Tribune-Review contains an article headlined "Former justice Joan Orie Melvin to appeal conviction to state Supreme Court."
Posted at 09:16 AM by Howard Bashman




"The Supreme Court Has Two Ways to Legalize Gay Marriage. This One Is Better." Yishai Schwartz has this essay online at The New Republic.

In related news coverage, Bill Mears of CNN.com reports that "Justices poised to tackle constitutional right of same-sex marriage."

And The Times-Picayune of New Orleans reports that "Louisiana gay marriage case on fast track at appeals court."
Posted at 09:08 AM by Howard Bashman




Thursday, September 25, 2014

"State Supreme Court could decide whether John Doe probe proceeds; Groups tied to investigation have donated to 4 of 7 justices": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 10:58 PM by Howard Bashman




Is Springfield, Illinois ordinance prohibiting panhandling in the city's downtown historic district content-neutral or content-based? Today, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit divided over the answer to that question.

The majority opinion, written by Circuit Judge Frank H. Easterbook and joined by Circuit Judge Diane S. Sykes, held that the ordinance was not content-based and therefore affirmed the district court's denial of a preliminary injunction against the ordinance.

Senior Circuit Judge Daniel A. Manion issued a dissenting opinion, explaining that he viewed the ordinance as content-based and therefore would remand with instructions to issue a preliminary injunction prohibiting enforcement of the ordinance.
Posted at 10:40 PM by Howard Bashman




"2 of 3 judges hearing voting law case are from Carolinas": The Charlotte Observer has a news update that begins, "With hundreds of campaigns in North Carolina entering their final six weeks, a federal appeals court must now decide what kind of election the state will hold."

The U.S. Court of Appeals for the Fourth Circuit has posted the audio of today's oral argument at this link (mp3 audio file).
Posted at 10:12 PM by Howard Bashman




"NC teeth-whitening case could have sweeping implications for other states": The News & Observer of Raleigh, North Carolina has this report.
Posted at 10:05 PM by Howard Bashman




"Judging Statutes -- The Honorable Robert Katzmann Book Party." Georgetown Law has posted the video online at this link. And a related news release posted online today is titled "Katzmann Book Talk Draws Legal Luminaries."

And Tony Mauro of The National Law Journal has a "Supreme Court Brief" titled "Countering Scalia on Interpreting Laws, Katzmann's Book Packs Punch." You can freely access the full text of the article via Google.
Posted at 10:02 PM by Howard Bashman




"Glenn Fine: From Cheltenham hoops to the Justice Department." This article about the former Inspector General of the USDOJ appears in the sports section of today's edition of The Philadelphia Inquirer.
Posted at 09:57 PM by Howard Bashman




In papers of interest recently posted at SSRN: Law professor Andrew Koppelman has posted a book review titled "Passive Aggressive: Scalia and Garner on Interpretation" (via "Legal Theory Blog").

And law professor Brian S. Clarke has posted a paper titled "ObamaCourts? The Impact of Judicial Nominations on Court Ideology" (via "Legal Theory Blog").
Posted at 09:52 PM by Howard Bashman




"The Heartwrenching Court Cases That Inspired My New Novel: The best legal judgments form a neglected sub-genre of our literature." Ian McEwan has this essay in the September 29, 2014 issue of The New Republic.
Posted at 08:20 PM by Howard Bashman




"Eric Holder Steps Down": Jeffrey Toobin has this post online at The New Yorker.

The magazine also has a post from law professor David Cole titled "No Coward on Race" that begins, "The other day, I attended an investiture ceremony for Robert Wilkins, an African-American judge recently appointed to the U.S. Court of Appeals for the District of Columbia Circuit."
Posted at 08:12 PM by Howard Bashman




"Gay-Marriage Hero David Boies Has an Infuriating New Cause; The Prop. 8 lawyer is helping a former Wall Street CEO sue the U.S., and it's costing taxpayers a fortune": Alec MacGillis has this article online at The New Republic.
Posted at 08:09 PM by Howard Bashman




"Supreme Court Preview of the 2014 Term": The video of today's Heritage Foundation event, featuring Michael Carvin and Paul Clement, can be accessed here.

It was a pleasure to get to visit with the speakers, with other guests at the event, and with Michelle Olsen of the Appellate Daily Twitter feed; Robert Barnes of The Washington Post; Mark Walsh of Education Week, ABA Journal magazine, and "SCOTUSblog"; Sahil Kapur of TPM DC; and Jennifer Haberkorn of Politico.com.
Posted at 08:04 PM by Howard Bashman




"Utah to appeal polygamy ruling in 'Sister Wives' case": Dennis Romboy of The Deseret News has this report.

And The Associated Press reports that "Utah to appeal ruling in 'Sister Wives' case."
Posted at 07:52 PM by Howard Bashman




"U.S. Appeals Court Orders Disclosure of Secrets in Chevron Oil Pollution Case": Paul M. Barrett of Bloomberg Businessweek has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:48 PM by Howard Bashman




"Ruth Bader Ginsburg Would Probably Be Confirmed Today": Harry Enten has this post today at FiveThirtyEight.

And Jonathan Turley, at his blog, today has this post that criticizes aspects of Justice Ginsburg's Elle interview.
Posted at 07:43 PM by Howard Bashman




"Should Obsolete Justifications for a 1952 Law Still Hold Legal Force Today? SCOTUS May Decide." Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 07:40 PM by Howard Bashman




"Texas, Louisiana same-sex marriage cases linked": At "SCOTUSblog," Lyle Denniston has a post that begins, "Two conflicting federal trial court rulings on same-sex marriage -- one in Texas in favor, one in Louisiana against -- will be heard by the same panel of appellate judges, but in separate hearings, the U.S. Court of Appeals for the Fifth Circuit ordered on Thursday."
Posted at 07:39 PM by Howard Bashman




"With Holder Leaving, Verrilli Is Back in the Spotlight": Janet Adamy and Mark H. Anderson have this post at WSJ.com's "Washington Wire" blog.
Posted at 07:36 PM by Howard Bashman




"Justice Anthony Kennedy talks about the Bill of Rights at National Constitution Center": The "Constitution Daily" blog of the National Constitution Center has this post today.
Posted at 07:34 PM by Howard Bashman




"Showdown Over Landmark Housing Law Looms at U.S. Supreme Court": Greg Stohr of Bloomberg News has this report today.
Posted at 07:32 PM by Howard Bashman




"Technical glitches contributed to delay in Markel case": Sean Rossman of The Tallahassee Democrat has this news update.
Posted at 07:28 PM by Howard Bashman




Wednesday, September 24, 2014

Programming note: On Thursday, I will be in Washington, DC to attend The Heritage Foundation's "Supreme Court Preview of the 2014 Term" featuring Michael Carvin and Paul Clement.

I am also looking forward to meeting Michelle Olsen, of the excellent Appellate Daily Twitter feed, who will likewise be attending the event.

As a result, additional posts will not appear here until Thursday evening. In the interim, appellate-related retweets are likely appear at the How Appealing Twitter feed.
Posted at 10:50 PM by Howard Bashman




"Court Returns Inquiry Into Walker's Finances to Wisconsin": Monica Davey will have this article in Thursday's edition of The New York Times.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 10:24 PM by Howard Bashman




"Ruth Bader Ginsburg's Retirement Dissent": Amy Davidson has this blog post online at The New Yorker.
Posted at 10:14 PM by Howard Bashman




"Don't Execute Those We Tortured": In Thursday's edition of The New York Times, law professor Jonathan Hafetz will have an op-ed that begins, "After years of legal battles, Khalid Shaikh Mohammed, the alleged mastermind of the terrorist attacks of Sept. 11, 2001, will finally be put on trial before a military commission at Guantanamo Bay, Cuba, though a trial date hasn't yet been set."
Posted at 09:51 PM by Howard Bashman




"Economists' arguments against Obamacare lawsuits backfire; New taxes and government subsidies are worse than a bad health care bill": Jonathan H. Adler and Michael F. Cannon have this op-ed online at The Washington Times.
Posted at 09:40 PM by Howard Bashman




"Judge Denies BP's Request to Recoup Overpayments to Oil Spill Victims": John Schwartz will have this article in Thursday's edition of The New York Times.
Posted at 09:35 PM by Howard Bashman




"The return of Citizens United: The plain language of the First Amendment confuses another federal judge." This editorial will appear in Thursday's edition of The Washington Times.
Posted at 09:32 PM by Howard Bashman




"Book Review: 'The Case Against the Supreme Court' by Erwin Chemerinsky; Earl Warren used to interrupt lawyers focused on legal particulars with questions like: 'Yes, yes, yes, but is it . . . right? Is it good?'" In Thursday's edition of The Wall Street Journal, Terry Eastland will have this review of law professor Erwin Chemerinsky's new book, "The Case Against the Supreme Court."

You can freely access the full text of the review via Google.
Posted at 08:50 PM by Howard Bashman




"Charlotte to host court showdown on voting laws": The Charlotte Observer has an article that begins, "A three-judge federal panel meeting in Charlotte on Thursday may soon decide how North Carolinians vote in November, potentially impacting a midterm election that carries national importance."
Posted at 08:42 PM by Howard Bashman




"Porn-peeping federal workers rarely face time or attendance fraud charges; Privacy interests shield government employees' identities from public disclosure": Jim McElhatton will have this article in Thursday's edition of The Washington Times reporting on records obtained from Justice Department's Office of Inspector General under the Freedom of Information Act.
Posted at 08:40 PM by Howard Bashman




"Court Rulings Mean Judges Will Get an Extra $1B in Pay and Benefits; CBO adds up costs of Congress's failed efforts to stop judicial salary increases": Billy House of National Journal has this report today.
Posted at 08:05 PM by Howard Bashman




"Stevens Says Ford Was Behind Crucial Affirmative Action Brief": Adam Liptak has this post today at the "First Draft" blog of The New York Times.
Posted at 06:12 PM by Howard Bashman




"Second-Best Stare Decisis": Online at SSRN, law professor Randy J. Kozel has posted online an article whose abstract begins, "If Supreme Court Justices differ over the proper interpretation of the Constitution, can they nevertheless agree about the treatment of constitutional precedent?" (Via "Legal Theory Blog.")
Posted at 05:00 PM by Howard Bashman




"Court overturns halt to John Doe probe into Walker's campaign": Jason Stein of The Milwaukee Journal Sentinel has this news update reporting on a ruling that Circuit Judge Frank H. Easterbrook issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

And The Associated Press reports that "Federal court lifts injunction in Walker case."

Meanwhile, at his "Election Law Blog," Rick Hasen is officially having a very busy afternoon.

Update: In other coverage, The Wisconsin State Journal has a news update headlined "Federal court lifts injunction against investigation into Scott Walker, conservative groups."

And Reuters reports that "Appeals court overturns ruling that halted Wisconsin campaign probe."
Posted at 04:28 PM by Howard Bashman




"Roberts at 10: A Look at the First Decade of John Roberts's Tenure as Chief Justice." The Constitutional Accountability Center has today posted online what the organization describes as the first introductory chapter of this year-long project. Brianne Gorod is the author of the chapter posted online today.
Posted at 04:08 PM by Howard Bashman




"Breaking: 6th Circuit Upholds Federal Court Order Extending Ohio Early Voting: Analysis." At his "Election Law Blog," Rick Hasen has just begun writing this post about a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued late this afternoon.

In early news coverage, The Columbus Dispatch reports that "Ohioans can start early voting Tuesday, appeals court rules."

And The Associated Press reports that "Appeals court upholds Ohio ruling on early voting."

Update: Reuters reports that "Appeals court clears way for early voting in Ohio."
Posted at 04:02 PM by Howard Bashman




"$10B ruling against Philip Morris goes back to Illinois high court": Ameet Sachdev of The Chicago Tribune has this news update.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Illinois top court to review Altria $10.1 bln cigarette verdict."
Posted at 02:34 PM by Howard Bashman




"Penalty against Judge Colleen O'Toole upheld, but Supreme Court finds part of rule governing judicial candidates is unconstitutional": The Cleveland Plain Dealer has a news update that begins, "The Ohio Supreme Court on Wednesday narrowed the scope of a rule that limits what judicial candidates can say when they run for office after holding the rule was, in part, unconstitutional."

And Court News Ohio -- the news bureau of the Ohio judicial branch -- reports that "Part of Judicial Conduct Rule Unconstitutional, Violates Free Speech."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 01:44 PM by Howard Bashman




"Above the Law gets more Appealing": Jonathan H. Adler has this kind post today at "The Volokh Conspiracy."

And in case you missed it, last night I had this post linking to an item in The Green Bag's new issue titled "Bashman and the Judges."

Update: In other coverage of note, at his "TaxProf Blog," Paul Caron has a post titled "How Appealing Partners With Above the Law."
Posted at 01:35 PM by Howard Bashman




"BP Told It Can't Claw Back Oil-Spill Damage Overpayments": Bloomberg News has this report.

In earlier coverage, The Times-Picayune of New Orleans reported in June 2014 that "BP seeks repayment on 'inflated' oil spill payouts."
Posted at 01:32 PM by Howard Bashman




"The Satanic Lawsuit: Do Satanists have religious rights?" Joey Peters of The Sante Fe Reporter has an article that begins, "An inmate at Western New Mexico Correctional Facility is suing the state for allegedly infringing on his freedom to practice his religion. His religion? Satanic worship."

You can view the pro se complaint initiating suit at this link.
Posted at 01:25 PM by Howard Bashman




"Obamacare on Appeal: Statutory Construction of This Politically Charged Question Will Inevitably Be Called Judicial Activism." Derek Stikeleather has this post today at the "Maryland Appellate Blog."
Posted at 12:20 PM by Howard Bashman




"ADF asks US Supreme Court to uphold freedom of churches to meet in NYC public schools": Alliance Defending Freedom filed this petition for writ of certiorari today in the U.S. Supreme Court.

The organization's news release reporting on the filing can be accessed here.
Posted at 11:44 AM by Howard Bashman




"Supreme Court advised to delay taking on water war case; US Solicitor general asks justices to wait for corps to complete work": Jeff Gill has this front page article in today's edition of The Times of Gainesville, Georgia.
Posted at 11:40 AM by Howard Bashman




As compared to today, where everything is just hunky-dory: Today at the "Constitution Daily" blog of the National Constitution Center, Scott Bomboy has a post titled "Drama, controversy marked the first Supreme Court justices."
Posted at 11:38 AM by Howard Bashman




"Famous Supreme Court Plaintiffs: a Quiz; Can you recognize Dred Scott? Jane Roe? Ernesto Miranda?" Dahlia Lithwick has this jurisprudence quiz online today at Slate.
Posted at 11:33 AM by Howard Bashman




"Why I Wrote this Book: Erwin Chemerinsky, The Case Against the Supreme Court." Law professor Erwin Chemerinsky has this guest post at the blog "Hamilton and Griffin on Rights."
Posted at 11:23 AM by Howard Bashman




"Blasting Koh, Defense Asks Ninth Circuit to Restore 'No-Poach' Deal": Earlier this month, The Recorder had this report on a petition for writ of mandamus that attorneys for Google, Apple, Adobe, and Intel filed in the U.S. Court of Appeals for the Ninth Circuit. You can freely access the full text of the article via Google News.

Also earlier, Courthouse News Service reported on the mandamus petition in an article headlined "Rejected Deal in Tech Wages Case Defended."

On Monday, a two-judge panel of the Ninth Circuit issued this order calling for a response to the mandamus petition. When the briefing is complete in about a month from now, the order directs that " the Clerk shall place this petition for writ of mandamus on the next available calendar."

The Ninth Circuit has created this page devoted to the case. According to the mandamus petition, the class action settlement in question, which the district court refused to preliminarily approve, "was the highest settlement ever in an employment antitrust case."
Posted at 11:18 AM by Howard Bashman




Announcing the new location of "How Appealing" effective October 1, 2014: When Law.com announced in February 2014 that it would be shutting down its blog network effective September 30, 2014, many loyal readers expressed concerns about what would become of this blog. As I assured readers that day, "this blog will continue regardless of where it is hosted." Between then and now, I took advantage of the opportunity to gauge the interest of a few specific potential new hosts that I would be particularly overjoyed to join if they shared the same level of enthusiasm about me.

On October 1, 2014, this blog will pull up stakes and relocate to this new address, http://howappealing.abovethelaw.com. This blog's content, voice, and authorship will remain the same, except in place of "Law.com" in its address you will instead need to use "AboveTheLaw.com"

When I began to think about potential new hosts for "How Appealing," the very first possibility that I decided to pursue involved affiliating with Breaking Media, which hosts several very popular blogs, including the extraordinarily successful blog "Above the Law" founded by David Lat. David and I have known each other for years, dating back to when he was a she, the pseudonymous author of the blog "Underneath Their Robes." David and I have much in common. He was an appellate attorney, and I still am. He has a tremendous amount of admiration for and interest in our nation's judicial system, as do I. And we both have been fortunate to launch two popular law blogs with influential and successful readerships.

ATL receives over 7 million page views per month from over 1.1 million visitors. The Breaking Media organization of which it is a part understands how to be successful in digital media and law-related digital media in particular. In addition to David, ATL now has three full-time writers, more than a dozen outside columnists, and enjoys a vast readership and considerable industry influence.

Of course, what "How Appealing" has to offer is me and you, this blog's readers. As I have said from the beginning, I will continue to run this blog for as long as I enjoy it and others are interested in reading it. Affiliating this blog with "Above the Law" and Breaking Media gives me the chance to reach even more readers who are interested in what we do here every day, day in and day out. At the same time, I can assure you that this blog's content and voice will not be changing. Not one bit.

One of the things that I have most appreciated about this blog's current host, ALM/Law.com, and this blog's previous host, Legal Affairs magazine, is that they have completely left me alone to do what I enjoy doing. I have received more requests from the U.S. Supreme Court (a total of one) than I have ever received from ALM/Law.com or Legal Affairs magazine to alter this blog's content in any respect whatsoever. And I anticipate this same sort of hands-off approach will continue during this blog's upcoming affiliation with ATL and Breaking Media.

Now that you know that this blog's authorship, style, tone, and substance won't be changing, let me tell you what is likely to change. As has happened several times in this blog's history, this blog's template will change, meaning this page will have a new design. And no, that won't mean that you will ever need to click through past the home page to read the conclusion of any post. But ads will appear, as they do now, and those ads will help generate the financial compensation that I will receive for operating this blog. And somewhere near the top of the page this blog will display headlines for new posts at the "Above the Law" site, just as the "Above the Law" site will display headlines for new posts here at "How Appealing."

October 1, 2014 will only be the third time in this blog's over 12-year history that "How Appealing" has relocated to a new online address. Each relocation has been even more exciting than the last. I am deeply thankful for and appreciative of this blog's readership, and I look forward to continuing to provide you with what you seek here at this location for one more week and at this blog's new location into the future.

Update: At "Above the Law," David Lat has a post titled "A Most Appealing Announcement."
Posted at 11:00 AM by Howard Bashman




"Podcast: How our federal judicial system was born." The "Constitution Daily" blog of the National Constitution Center has today posted this podcast featuring Jeffrey P. Minear, Counselor to Chief Justice John G. Roberts, Jr.
Posted at 10:40 AM by Howard Bashman




McLaughlin Group can't recover attorneys' fees for successful DOMA challenge, First Circuit holds: No, not that McLaughlin Group. You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:38 AM by Howard Bashman




This blog's new location beginning Oct. 1st: Will be announced here at 11 a.m. eastern time today.
Posted at 07:58 AM by Howard Bashman




"Federal courts could turn on next 2 elections": Law professor Erwin Chemerinsky has this op-ed in The Orange County Register.
Posted at 07:56 AM by Howard Bashman




"Ruth Bader Ginsburg: Why I can't resign now." Jonathan Topaz of Politico.com has this report.
Posted at 07:54 AM by Howard Bashman




"Supreme Court must restore states' rights in defining marriage; Justices owe it to nation to undo rogue judges' damage": The Washington Times contains this editorial.
Posted at 07:53 AM by Howard Bashman




"Justice Stevens recounts long career, ties to Michigan": This article appears in today's edition of The Herald Palladium of St. Joseph, Michigan.

Update: You can access the prepared text of the remarks that retired Justice John Paul Stevens delivered last night in Michigan at this link.
Posted at 07:49 AM by Howard Bashman




"Judge on government's short list for Supreme Court faces legal obstacle": In today's edition of The Toronto Globe and Mail, Sean Fine has a front page article that begins, "The Conservative government's attempt to move an Ottawa-based judge to Quebec has become ensnared in a legal challenge, putting in doubt the judge's availability for a looming vacancy on the Supreme Court of Canada."
Posted at 07:46 AM by Howard Bashman




"N.J. case puts pledge, religion in spotlight": Today's edition of The Philadelphia Inquirer contains an article that begins, "Blackwood teenager Samantha Jones grew up reciting the Pledge of Allegiance with the words under God, and she is willing to go to court for the right to keeping saying those words."
Posted at 07:44 AM by Howard Bashman




Tuesday, September 23, 2014

"Republicans slam Kansas Supreme Court justice over Davis fundraiser at her home": Bryan Lowry of The Wichita Eagle has an article that begins, "The Kansas Republican Party criticized a Kansas Supreme Court justice Tuesday, saying a fundraiser hosted for Democrat Paul Davis at her Topeka home was inappropriate."

And The Associated Press reports that "Kansas GOP criticizes event at justice's home."
Posted at 11:33 PM by Howard Bashman




"R.I. Supreme Court hears arguments on gay-pride parade lawsuit filed by Providence firefighters against ex-Mayor Cianci": This article will appear in Wednesday's edition of The Providence Journal.
Posted at 11:27 PM by Howard Bashman




"Sirius XM Loses Lawsuit on Royalties for Oldies": Wednesday's edition of The New York Times will contain this article.

The Wall Street Journal reports that "Sirius XM Loses Royalties Case Against Oldies Band; Suit Alleged That Satellite Radio Played the Turtles' Music Without Permission." You can freely access the full text of the article via Google.

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "SiriusXM Suffers Crushing Loss in High-Stakes Courtroom Battle; In a ruling with far-reaching consequences, Flo & Eddie of The Turtles convince a judge that their public performance rights were violated."

You can access yesterday's ruling of the U.S. District Court for the Central District of California at this link.
Posted at 10:14 PM by Howard Bashman




"Booksellers seek void of 'revenge porn' legislation": Howard Fischer of The East Valley Tribune has this news update.

And Alia Beard Rau of The Arizona Republic has a news update headlined "Changing Hands, others sue over Arizona 'revenge porn' law."

My initial coverage of the suit appeared in this post earlier today.
Posted at 10:00 PM by Howard Bashman




"Bashman and the Judges": By special request, I am pleased to note that the Summer 2014 issue of The Green Bag contains this item in its Ex Ante section.
Posted at 09:45 PM by Howard Bashman




"Students before teachers: Why progressives should defend 'Vergara v. California' ruling." Law professor Laurence H. Tribe will have this op-ed in Wednesday's edition of USA Today.
Posted at 09:28 PM by Howard Bashman




In papers of interest recently posted at SSRN: Law professor Stephen E. Sachs has posted an article titled "Originalism as a Theory of Legal Change" (via "Legal Theory Blog").

Law professor Sonja West has posted a paper titled "The Stealth Press Clause" (via "Legal Theory Blog").

And law professor Andrew Koppelman has posted a book review titled "Six Overrulings," reviewing Justice John Paul Stevens' book, "Six Amendments: How and Why We Should Change the Constitution" (via "Legal Theory Blog").
Posted at 08:09 PM by Howard Bashman




"Major League Baseball's Nightmare: A Judge Who Isn't a Fan of Instant Replay; Judge Shira Scheindlin refuses to certify an appeal on her ruling that could shake up sports broadcasting." Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 07:58 PM by Howard Bashman




"Wisconsin Files Opposition to 7th Circuit Rehearing on Voter ID Law": Rick Hasen has this post at his "Election Law Blog." He has posted the response in opposition at this link.
Posted at 06:05 PM by Howard Bashman




"Party Diary: Opera with Justice Ruth Bader Ginsburg." Helena Andrews has this entry today at the "Reliable Source" blog of The Washington Post.
Posted at 05:06 PM by Howard Bashman




"Markell taps Vaughn for Del. Supreme Court": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this news update.

And Tom Hals of Reuters reports that "Veteran judge nominated for Delaware Supreme Court."
Posted at 04:55 PM by Howard Bashman




"Supreme Court Justice Ruth Bader Ginsburg: I'm not going anywhere." An excerpt from Justice Ginsburg's interview with Jessica Weisberg for Elle magazine can now be accessed online at this link.

In coverage of the interview, Ian Millhiser of ThinkProgress has a post titled "Justice Ginsburg: If I Resign, Obama Could Not Appoint 'Anyone I Would Like To See In The Court.'"

And earlier this week, David G. Savage of The Los Angeles Times had an article headlined "Justice Ruth Bader Ginsburg signals she has no plans to retire soon."
Posted at 04:40 PM by Howard Bashman




"Deputy SG Kneedler Recognized for Career in Public Service": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.

And you can view information about the recognition, including a video, at this link.
Posted at 03:15 PM by Howard Bashman




"Opponents challenge Arizona's 'revenge porn' law in court": Reuters has this report.

The ACLU today issued a news release titled "First Amendment Lawsuit Challenges Arizona Criminal Law Banning Nude Images." You can access the complaint initiating suit at this link.
Posted at 03:14 PM by Howard Bashman




"U.S. on Supreme Court Protest Restrictions: Sidewalk is Wide Enough." Brent Kendall has this post today at the "Washington Wire" blog of The Wall Street Journal.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a blog post titled "Appeals Court Weighs Ban on Supreme Court Protests." You can freely access the full text of this blog post via Google News.

As soon as the audio from this oral argument becomes available at the web site of the U.S. Court of Appeals for the D.C. Circuit, I will link to it.

Update: You can access the audio of today's oral argument before a three-judge D.C. Circuit panel (Circuit Judges Henderson, Srinivasan, Williams) in Harold Hodge v. Pamela Talkin via this link (58.6 MB mp3 audio file).
Posted at 03:07 PM by Howard Bashman




Perhaps a reason to visit again tomorrow? The new online address of "How Appealing" effective October 1, 2014 will be announced here tomorrow, one week in advance of this blog's relocation.
Posted at 01:56 PM by Howard Bashman




"Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study." Law professor Todd E. Pettys has posted this paper online at SSRN (via Ed Whelan's blog post titled "Garbage In, Garbage Out" at National Review Online's "Bench Memos" blog).
Posted at 01:45 PM by Howard Bashman




"Federal judge rejects Citizens United push to avoid disclosure laws": The Denver Post had this blog entry yesterday.

Earlier, the newspaper reported that "Ted Olson argues Citizens United case in Denver court."

If think this sounds like the case is destined for appeal, you are correct. Today at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Citizens United Vows Appeal After Losing Disclosure-Rules Case." You can freely access the full text of this post via Google News.
Posted at 01:40 PM by Howard Bashman




"Behind the Chevron Case": Columnist Joe Nocera has this op-ed in today's edition of The New York Times.
Posted at 01:32 PM by Howard Bashman




"Public Peek Into Supreme Court Procedures": Angela Morris of Texas Lawyer has an article that begins, "The public got a proverbial peek into the Texas Supreme Court's inner workings this weekend in Austin."

You can freely access the full text of the article via Google News.

Additional information is available from The Texas Tribune's live blog of "The Justice Track at The Tribune Festival."

And in related news, Justice Debra Lehrmann of the Supreme Court of Texas has joined Twitter. She isn't yet following "How Appealing" on Twitter, however.
Posted at 01:28 PM by Howard Bashman




"Atheist will deliver opening prayer at this week's Huntsville City Council meeting": The Huntsville Times has this report.
Posted at 01:16 PM by Howard Bashman




"Judge lifts ban on Alagasco pipeline integrity document": The Montgomery (Ala.) Advertiser has this news update.

And The Associated Press reports that "Judge Robert Vance lifts order blocking newspaper from publishing Alabama Gas pipeline information."
Posted at 01:14 PM by Howard Bashman




"Would (and should) I perform a wedding ceremony for a gay couple in my courtroom?" Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 01:10 PM by Howard Bashman




"Rep. Mike Rogers, national figures call for resignation of Judge Mark Fuller": AL.com has this report.

And today's edition of The Washington Post contains an editorial titled "If a federal judge has committed domestic violence, Congress should impeach him."
Posted at 01:05 PM by Howard Bashman




"What To Expect When The Supreme Court Returns To Work Next Week": Ian Millhiser and Nicole Flatow of ThinkProgress have this report today.
Posted at 10:08 AM by Howard Bashman




"Railroad Tax Fight Lands on Supreme Court Docket; Millions of dollars of tax revenue are at stake in a long-running dispute between Alabama and CSX; The decision could affect state tax systems nationwide": Governing.com has this report.
Posted at 08:15 AM by Howard Bashman




"R.I. Supreme Court to hear gay pride parade lawsuit involving Cianci": Katie Mulvaney has this article in today's edition of The Providence Journal.
Posted at 08:14 AM by Howard Bashman




"Constitution Check: What if the Supreme Court takes a pass now on same-sex marriage?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:11 AM by Howard Bashman




Monday, September 22, 2014

"Grand Rapids lawyer hopes to defend Sherlock Holmes' copyrights in case before U.S. Supreme Court": The Grand Rapids Press has this report.
Posted at 11:14 PM by Howard Bashman




"Disputes over religion return to Supreme Court": Richard Wolf will have this article in Tuesday's edition of USA Today.
Posted at 11:07 PM by Howard Bashman




"Former air marshal's whistle-blower case moves to high court": Dan Weikel of The Los Angeles Times has this report.

Robert J. MacLean's brief for respondent was filed today in the U.S. Supreme Court in this case. Attorney Neal Katyal is MacLean's counsel of record.
Posted at 10:50 PM by Howard Bashman




"This weekend, in flyover country, the humanity and civility of Supreme Court Justices was on full display -- and that is a wonderful thing": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 10:44 PM by Howard Bashman




"Justice Kagan performs her first same-sex wedding": The Associated Press has this report. Yesterday's edition of The New York Times contained the wedding announcement.
Posted at 10:32 PM by Howard Bashman




"Courts Nix More Software Patents; Decisions Follow Supreme Court Ruling on Intellectual-Property Protection": Ashby Jones has this article in today's edition of The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 10:20 PM by Howard Bashman




"Defamation Law Reminds Critics of Indonesia's Past": Joe Cochrane will have this article in Tuesday's edition of The New York Times.
Posted at 09:40 PM by Howard Bashman




"Ruth Bader Ginsburg reminisces about her time on the Hill": Cornell Chronicle has this report (with video).
Posted at 09:32 PM by Howard Bashman




"These Are The Lawyers Fighting Marriage Equality; More than a case -- a mission." Marcia Coyle has this article in today's issue of The National Law Journal.

You can freely access the full text of the article via Google News.
Posted at 06:32 PM by Howard Bashman




"At Supreme Court, Kicking the Tires on a Same-Sex Marriage Case Fit for History": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 06:27 PM by Howard Bashman




"Senator: Drop nomination of controversial judge." The Associated Press has a report that begins, "President Barack Obama's controversial selection of Michael Boggs to become a federal judge in Georgia lacks enough votes to survive and the nomination should be withdrawn, the chairman of the Senate Judiciary Committee said Monday in what amounts to a rare rebuff of the president from his own party."

Earlier today at the "First Draft" blog of The New York Times, Carl Hules had a post titled "Gillibrand's Weight Watcher Revealed, and a Presidential Nominee Is Sunk."
Posted at 06:22 PM by Howard Bashman




"Appeals court revives Connecticut synagogue suit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued last Friday.
Posted at 03:38 PM by Howard Bashman




"Obama Won't Withdraw Boggs Nomination": Online today at Roll Call, Steven Dennis has a blog post that begins, "President Barack Obama still supports the nomination of Michael P. Boggs for a federal judgeship in Georgia, even though Sen. Patrick J. Leahy told The New York Times there aren't enough votes for confirmation."
Posted at 03:09 PM by Howard Bashman




"Chief Judge KOZINSKI, reluctantly dissenting": Today, Ninth Circuit Chief Judge Alex Kozinski has introduced into the appellate lexicon the reluctantly dissenting opinion.

Or, as the majority opinion in today's 6-to-5 en banc ruling explains in its first paragraph, "When a suspect says 'give me a lawyer,' that request walks, swims, and quacks like a duck."

The case was before the en banc Ninth Circuit for reconsideration in light of the U.S. Supreme Court's ruling in June 2013 in Salinas v. Texas.
Posted at 01:14 PM by Howard Bashman




"Crusader for Justice: A Conversation with Judge Damon Keith." Last Friday, WDET Radio of Wayne State University aired a rebroadcast of Stephen Henderson's interview from earlier this year with Senior Sixth Circuit Judge Damon J. Keith. You can view video of the full interview by clicking here.

Readers of "How Appealing" may recall that Henderson previously covered the U.S. Supreme Court for McClatchy Washington Bureau. More recently, he has served as editorial page editor for The Detroit Free Press. In that capacity, Henderson earlier this year won the 2014 Pulitzer Prize for commentary.
Posted at 11:20 AM by Howard Bashman




Second Circuit reinstates lawsuit alleging that National Westminster Bank PLC provided material support and resources to a terrorist organization: The lawsuit was brought by 200 United States nationals (or their estates, survivors, or heirs) who were victims of terrorist attacks launched in Israel by Hamas. You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Update: In early news coverage, Jonathan Stempel of Reuters reports that "U.S. court revives case accusing RBS' NatWest of aiding Hamas."
Posted at 10:58 AM by Howard Bashman




"At Supreme Court, Nine Clashing Friends in a Bottle": Today at his "Jost On Justice" blog, Kenneth Jost has this review of law professor Garrett Epps's new book, "American Justice 2014: Nine Clashing Visions on the Supreme Court."
Posted at 10:44 AM by Howard Bashman




"When Will The Obama Administration Tell The Supreme Court What It Thinks About Marriage Equality? The justices could -- and would have good reasons to -- ask for the administration's top Supreme Court lawyer to weigh in on the same-sex marriage cases." Chris Geidner of BuzzFeed has this report.
Posted at 10:40 AM by Howard Bashman




"Federal Circuit Defies Supreme Court in Laches Holding": Dennis Crouch has this post at his "Patently-O" blog.
Posted at 07:56 AM by Howard Bashman




"Video: Jeffrey Rosen previews upcoming Supreme Court cases." The "Constitution Daily" blog of the National Constitution Center has a post that begins, "What's on the docket for our nation's highest court? Jeffrey Rosen, president and CEO of the National Constitution Center, joined the American Constitution Society in Washington for a preview of the new term."

The American Constitution Society has posted video of the event online at YouTube at this link.
Posted at 07:53 AM by Howard Bashman




"The Solace of Oblivion: In Europe, the right to be forgotten trumps the Internet." Jeffrey Toobin has this Annals of Law article in the September 29, 2014 issue of The New Yorker.
Posted at 07:46 AM by Howard Bashman




Sunday, September 21, 2014

"Chief Justice, Huskers, A-Rod": Columnist Don Walton of The Lincoln (Neb.) Journal Star has an essay that begins, "Let's talk John Roberts and the Huskers."
Posted at 11:48 PM by Howard Bashman




"Child Pornography Case Spurs Debate on Military's Role in Law Enforcement": Erik Eckholm and Richard A. Oppel Jr. will have this article in Monday's edition of The New York Times.
Posted at 09:33 PM by Howard Bashman




"Vote 'Yes' on appeals court": Columnist Steve Sebelius has this essay in today's edition of The Las Vegas Review-Journal.
Posted at 07:48 PM by Howard Bashman




"One year later, Baby Veronica case still resonates; Dusten Brown's supporters turn attention to reforms": This front page article appears in today's edition of The Tulsa World.
Posted at 07:30 PM by Howard Bashman




"Israel names new Supreme Court judges; Mazuz, Baron to replace Grunis, Arbel on Supreme Court; Naor to be next chief judge": The Jerusalem Post has this report.
Posted at 07:21 PM by Howard Bashman







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