How Appealing


Wednesday, December 17, 2014

Fifth Circuit affirms denial of qualified immunity to Louisiana prison officials in lawsuit filed by Albert Woodfox, who asserts that his nearly 39 years in solitary confinement persists indefinitely without justification or adequate procedural protections: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:23 PM by Howard Bashman




"County loses prayer appeal; Board's next move: File petition asking 2013 injunction be lifted." The Danville (Va.) Register & Bee has this news update.

And The Associated Press reports that "Appeals court tosses Pittsylvania County board prayer case."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:14 PM by Howard Bashman




"Myriad Loses Appeals Court Bid to Block Breast Cancer Tests": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 09:58 PM by Howard Bashman




"The Senate Just Cemented Obama's Judicial Legacy": Jennifer Bendery of The Huffington Post has this report.

And today at "The White House Blog," Neil Eggleston has a post titled "Judicial Nominations: Accomplishments and the Work That Lies Ahead."
Posted at 09:44 PM by Howard Bashman




"Guantanamo not part of U.S.-Cuban bargain": Carol Rosenberg of The Miami Herald has a news update that begins, "The Obama administration has no intention of withdrawing from the U.S. Navy base at Guantanamo Bay, Cuba, despite the sudden shift in U.S.-Cuban relations."
Posted at 09:40 PM by Howard Bashman




"Alabama Supreme Court gets dishonorable mention in tort reform group's 'Judicial Hellholes' report": AL.com has this article.

You can access at this link the American Tort Reform Foundation's report titled "Judicial Hellholes 2014-2015."

I usually don't pay much attention to the substance of these reports, but a decision that I won on behalf of one of my appellate clients early this year in the Supreme Court of Pennsylvania is the subject of a "dishonorable mention" in this year's report. I can't say how reliable the rest of this report happens to be, but the report's description of this particular case bears little resemblance to the case's procedural posture and actual holdings.

My earlier coverage of the ruling can be accessed here and here.
Posted at 08:52 PM by Howard Bashman




"Texas takes aim at the First Amendment": George F. Will has this essay online at The Washington Post.
Posted at 08:30 PM by Howard Bashman




"Must Texas Issue Confederate Flag License Plates?" Law professor Michael C. Dorf has this essay online today at Justia's Verdict.

And also today, he has a related post at "Dorf on Law" titled "Informing the Reasonable Observer."
Posted at 01:03 PM by Howard Bashman




"SCOTUSblog on camera: Dahlia Lithwick (Part two)." You can view the video via this link.
Posted at 01:02 PM by Howard Bashman




"Did 'nuclear option' boost Obama's judicial appointments?" Al Kamen and Paul Kane have this entry today at the "In the Loop" blog of The Washington Post.
Posted at 01:00 PM by Howard Bashman




"Unless I'm missing something, this is an exceedingly strange opinion": Today at "The Volokh Conspiracy," Orin Kerr has a post that begins, "I just read Judge Schwab's opinion holding that Obama's executive action on immigration is unconstitutional, and, well, yikes."
Posted at 12:57 PM by Howard Bashman




"Court turns down Arizona on immigrant issue": Lyle Denniston has this updated post at "SCOTUSblog."
Posted at 12:50 PM by Howard Bashman




"What the D.C. Circuit isn't Doing Today": Joey Meyer and Kelly Landis have this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 11:17 AM by Howard Bashman




"Stage Is Set For Supreme Court Marriage Showdown -- If The Justices Want It": Chris Geidner of BuzzFeed has this report.
Posted at 09:40 AM by Howard Bashman




"Catholic midwives must supervise abortions, Supreme Court decides; Catholic midwives Mary Doogan and Connie Wood lose case against being made to supervise other staff carrying out abortions": The Telegraph (UK) has this news update.

The Guardian (UK) has a news update headlined "Catholic midwives' abortion ruling overturned by supreme court; Judges rule against Mary Doogan and Concepta Wood, who brought case objecting to any involvement in abortions."

The Daily Mail (UK) has a news update headlined "UK's highest court rules two Catholic midwives can not object to being involved in abortions in landmark case."

The Glasgow Evening Times reports that "Supreme Court overturns midwives abortion ruling; The UK's highest court has overturned a ruling made in favour of two Catholic midwives who object to any involvement in abortion procedures."

The Daily Record of Glasgow reports that "Catholic midwives from Glasgow lose abortion case at Supreme Court."

And BBC News reports that "Catholic midwives lose abortion case at UK Supreme Court."

You can access today's ruling of the Supreme Court of the United Kingdom at this link. And a related news release that the court issued can be accessed here.
Posted at 09:20 AM by Howard Bashman




"U.S. Says Judge Questioning Immigration Order Is Wrong": Bloomberg News has this report.
Posted at 09:07 AM by Howard Bashman




"Who bankrolls the Illinois Supreme Court?" Robert A. Clifford had this op-ed recently in The Chicago Tribune.
Posted at 09:04 AM by Howard Bashman




"Jerry Brown calls criticism of Supreme Court pick 'logically deficient'": The Sacramento Bee has this report.

And at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Gov. Brown Dismisses Criticism of Pick for State High Court."
Posted at 09:02 AM by Howard Bashman




"The Slow Death of the Death Penalty: The public supports it, but the costs are lethal." Maurice Chammah has this article online today at The Marshall Project, along with a related article headlined "Six Reasons the Death Penalty is Becoming More Expensive: Experts, experts and more experts."
Posted at 08:52 AM by Howard Bashman




"Dick Cheney's America: Of course Americans are OK with torture; Look at how we treat our prisoners." Jamelle Bouie has this essay online at Slate.
Posted at 08:44 AM by Howard Bashman




"Constitutionality of Artists' Royalty Law Challenged": Pamela A. MacLean has this post on a case reargued yesterday before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.

On YouTube, you can view the en banc reargument via this link.

My earlier coverage of the case appears here and here.
Posted at 08:40 AM by Howard Bashman




"On Judicial Reputation: More Questions for Judge Posner." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 08:30 AM by Howard Bashman




Tuesday, December 16, 2014

"FDA Ruling Blocking Celebrex Generics Voided in Mylan Win": Bloomberg News has this report on a non-precedential ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 09:58 PM by Howard Bashman




"Judge Harry Edwards Is Still Unimpressed With Legal Scholarship": Michael Dorf had this post yesterday at "Dorf on Law."
Posted at 09:50 PM by Howard Bashman




"State high court to take up Doe cases centered on Walker's campaign": Patrick Marley The Milwaukee Journal Sentinel has this news update.

And The Wisconsin State Journal has a news update headlined "Wisconsin Supreme Court agrees to hear 'John Doe' challenges."
Posted at 09:44 PM by Howard Bashman




"Judge Who Axed Obama Immigration Actions Is No Stranger To Controversy": Sahil Kapur has this "5 points" post at TPM.
Posted at 06:14 PM by Howard Bashman




"Review of Damon Root's Overruled: The Long War for Control of the Supreme Court." Ilya Somin has this post at "The Volokh Conspiracy."
Posted at 05:36 PM by Howard Bashman




"Justice Breyer, Symposium Explore Legacies of Magna Carta": Jeanine Cali had this post yesterday at the "In Custodia Legis" blog of the Library of Congress.
Posted at 05:33 PM by Howard Bashman




Double entendre: Howard Fischer of The Arizona Daily Star reports that "Supreme Court orders state to provide incontinence briefs."

Fortunately for their wearers, the briefs will not have to be bound to exacting U.S. Supreme Court standards.
Posted at 05:30 PM by Howard Bashman




"The Supreme Court Ignores the Lessons of Ferguson: As the rest of the country worries about police overreach, the justices give cops yet more latitude." Dahlia Lithwick has this jurisprudence essay online at Slate.

And at Bloomberg View, law professor Noah Feldman has an essay titled "For Police, Ignorance Excuses."
Posted at 04:15 PM by Howard Bashman




"Constitution Check: How much secrecy does the First Amendment give to political donors?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 04:03 PM by Howard Bashman




"Industry's mercury challenge could undermine attack on EPA climate rule": Jeremy P. Jacobs of Greenwire has a report that begins, "If coal companies get their way when the Supreme Court reviews U.S. EPA's air standards for mercury and other hazardous emissions, they could undermine their primary legal challenge to another landmark pollution rule: President Obama's greenhouse gas limits for power plants."
Posted at 04:02 PM by Howard Bashman




"The Case for Justice Anthony Kennedy to Retire": Bill Scher had this essay yesterday at Real Clear Politics.
Posted at 03:54 PM by Howard Bashman




"SCOTUSblog on camera: Dahlia Lithwick (Part one)." You can view the video via this link.
Posted at 03:45 PM by Howard Bashman




"Ruling overturned on sex-change surgery for Mass. inmate": John R. Ellement and Martin Finucane of The Boston Globe have a news update that begins, "A federal appeals court has overturned a ruling that a transgender Massachusetts prison inmate is entitled to taxpayer-funded sex change surgery."

The Boston Herald has a news update headlined "Convicted killer Michelle Kosilek's demand for sex-change operation rejected."

And The Associated Press reports that "Appeals court overturns sex-change for inmate."

You can access today's 117-page, 3-to-2 en banc ruling of the U.S. Court of Appeals for the First Circuit, consisting of a majority opinion and two dissenting opinions, at this link.
Posted at 02:11 PM by Howard Bashman




"District court declares Obama immigration action unconstitutional": Jonathan H. Adler has this post at "The Volokh Conspiracy" discussing a ruling that one of the most politically conservative judges serving on the U.S. District Court for the Western District of Pennsylvania issued today.

Update: In early news coverage, Josh Gerstein of Politico.com has a blog post titled "Obama's immigration actions ruled unconstitutional."

Brian Bowling of The Pittsburgh Tribune-Review has a news update headlined "Judge uses deportation case to say Obama's executive order is unconstitutional."

The Associated Press reports that "US judge says Obama immigration action invalid."

And at WSJ.com's "Washington Wire" blog, Jacob Gershman has a post titled "A Judge Calls Obama's Executive Action on Immigration Unconstitutional."
Posted at 02:00 PM by Howard Bashman




Access online the contents of the Autumn 2014 issue of the Green Bag: Via this link (bobbleheads not included; you need a subscription to receive those).

Speaking of which, in yesterday's mail I received a certificate from the Green Bag for the Chief Justice William Rehnquist bobblehead (Supp. 1).
Posted at 11:20 AM by Howard Bashman




"Senate may confirm up to 88 federal judges": The Associated Press has this report.
Posted at 11:14 AM by Howard Bashman




"Posner pisses off plenty of people on privacy": Senior U.S. District Judge Richard G. Kopf has this alliteratively titled post today at his "Hercules and the Umpire" blog.
Posted at 11:12 AM by Howard Bashman




"Pa. Supreme Court Sides with Cozen O'Connor in Campaign Finance Dispute": Rick Hasen has this post at his "Election Law Blog" noting a decision that the Supreme Court of Pennsylvania issued yesterday.

Update: In other coverage, The Philadelphia Daily news has a report headlined "PA Supreme Court: Law firm can forgive U.S. Rep. Bob Brady's 2007 debt."
Posted at 08:33 AM by Howard Bashman




"A Conversation with Justice Elena Kagan: A conversation between Princeton President Christopher Eisgruber and Supreme Court Justice Elena Kagan" recorded November 20, 2014. You can view the video via this link.
Posted at 08:30 AM by Howard Bashman




"If uncorrected by this Court en banc or the Supreme Court, this decision, and others like it, sends a clear message to litigants: if you don't like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal." So writes Circuit Judge Edward C. Prado in a dissent issued yesterday from the U.S. Court of Appeals for the Fifth Circuit's denial of rehearing en banc. The revised three-judge panel's opinion in this environmental case can be accessed here.

In earlier coverage of the three-judge panel's original ruling in the appeal, The Corpus Christi Caller-Times reported that "Court reverses ruling on whooping cranes' deaths."
Posted at 08:20 AM by Howard Bashman




"When the Law Gives Everybody But You a Break": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 07:58 AM by Howard Bashman




"Appeals court rehears copyright case over anti-Muslim film": Victoria Kim of The Los Angeles Times has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Copyrights, Anti-Muslim Film Rights Collide."
Posted at 07:54 AM by Howard Bashman




Monday, December 15, 2014

"L.A. Porn Film Condom Mandate Survives Industry Challenge": Bloomberg News has this report.

Reuters reports that "Los Angeles porn actors must wear condoms, appeals court rules."

The Associated Press reports that "Appeals court upholds condom use in LA porn films."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Adult Film Industry Loses Appeal Over Los Angeles' Condom Law; The 9th Circuit decides that making porn actors wear condoms doesn't run afoul of the First Amendment."

Courthouse News Service reports that "Ninth Circuit Upholds Condom Law For L.A.'s Porn Film Industry."

LA Weekly has a blog post titled "Condoms Do Not Muzzle Free Speech, U.S. Court Rules."

Mark Kernes reports that "Ninth Circuit Panel Upholds Measure B -- At Least Until Trial; Three-judge panel claims it has jurisdiction to review the case despite AHF's lack of standing."

And Rhett Pardon of XBIZ Newswire has reports headlined "Vivid Loses Appeal Over Measure B" and "FSC: Measure B Plaintiffs Looking at Legal Options."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:38 PM by Howard Bashman




View online the video of today's en banc Ninth Circuit oral argument in Garcia v. Google, Inc. On YouTube (a co-defendant in the case) via this link. The video starts early enough that you can see Circuit Judge N. Randy Smith saying his characteristic hellos in the courtroom in advance of the oral argument.* And you can access the documents filed in the case via this link.

In early news coverage, The Associated Press reports that "Lawyer: Free speech at stake in anti-Muslim film."

--
*Update: After this post originally appeared, the video was edited to remove the footage that appeared before the oral argument began.
Posted at 09:06 PM by Howard Bashman




"High court's ideological opposites show mutual affection": Richard Wolf of USA Today has a report from Oxford, Mississippi that begins, "The Supreme Court's most senior and junior justices are ideological opposites, but they agreed on nearly everything here Monday -- including the benefits of having an elite cadre of lawyers who dominate the court's docket."
Posted at 08:42 PM by Howard Bashman




"Pa. Supreme Court affirms $151M wages ruling against Wal-Mart": The Philadelphia Inquirer has a news update that begins, "Walmart and Sam's Club workers in Pennsylvania who worked off-the-clock and worked when they were supposed to be on break, or were forced to skip their breaks will receive $151 million in unpaid wages and damages, Pennsylvania's Supreme Court ruled Monday, upholding lower- and appellate-court decisions."

Today's ruling of the Supreme Court of Pennsylvania consists of a per curiam majority opinion and a dissenting opinion.
Posted at 08:32 PM by Howard Bashman




Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719. Justice Antonin Scalia issued a dissenting opinion, in which Justices Anthony M. Kennedy and Elena Kagan joined in full and Justice Clarence Thomas joined in large part. And Justice Thomas also issued a dissenting opinion. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Heien v. North Carolina, No. 13-604. Justice Kagan issued a concurring opinion, in which Justice Ginsburg joined. And Justice Sonia Sotomayor issued a dissenting opinion. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman




Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in one case.
Posted at 09:32 AM by Howard Bashman




"Are Supreme Court Justices Too Privileged to Understand Average Americans?" Steven Mazie has this post at the "Praxis" blog of big think.
Posted at 09:16 AM by Howard Bashman




"On Privacy, Free Speech, & Related Matters -- Richard Posner vs David Cole & Others": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 07:28 AM by Howard Bashman




Sunday, December 14, 2014

"Supreme Court watchers wonder if justices are ready to take a same-sex marriage case": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 11:12 PM by Howard Bashman




"In It Together? Do recent U.S. Supreme Court decisions on class actions mean less security in numbers?" Seth Stern has this article in the Fall 2014 issue of the Harvard Law Bulletin.
Posted at 09:47 PM by Howard Bashman




"Google, YouTube in key legal battle over anti-Muslim video": Howard Mintz of The San Jose Mercury News has this preview of tomorrow's en banc oral argument before an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

You can access the recent filings in the case via this link.
Posted at 01:54 PM by Howard Bashman




"Privacy is not dead: Microsoft lawyer prepares to take on US government; Brad Smith tells Dominic Rushe US demand for access to customer's emails on server in Dublin strikes at heart of balance between safety and privacy." The Guardian (UK) has this report.
Posted at 11:09 AM by Howard Bashman




"Orthodox Jews back scarf-wearing Muslim in Abercrombie & Fitch case": The Los Angeles Times has this report.
Posted at 10:03 AM by Howard Bashman




Saturday, December 13, 2014

"'La torture pas anticonstitutionnelle', dit le doyen de la Cour supreme US": Yesterday, Radio Television Suisse aired an interview with Justice Antonin Scalia. You can access the audio of a lengthy excerpt from the interview via this link.

And RTS has posted online this article about the interview. According to Google Translate, the headline of the article states,"'Torture not unconstitutional,' said the dean of the US Supreme Court."
Posted at 10:09 PM by Howard Bashman




"Soledad Cross land transfer approved; Law could let landmark stay through private ownership of property": The San Diego Union-Tribune has this report.
Posted at 09:57 PM by Howard Bashman




"Grisly Execution in Oklahoma Detailed in Court Brief": Erik Eckholm will have this article in Sunday's edition of The New York Times.

And The Tulsa World has an article headlined "Botched execution described as 'a cluster,' court filing shows."
Posted at 09:05 PM by Howard Bashman




"Miss. student wins challenge to rap song suspension": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 05:17 PM by Howard Bashman




"Another Baseless Attack on Health Law": Today's edition of The New York Times contains an editorial that begins, "The opponents of the Affordable Care Act have filed another long-shot lawsuit that could undermine health care reform and force many consumers to pay more for health insurance if the suit succeeds."
Posted at 09:34 AM by Howard Bashman




"Spider-Man patent case headed to Supreme Court": Richard Wolf of USA Today has this report.

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Supreme Court Will Review Case About Spider-Man Toy; The inventor of a device that lets kids pretend they can shoot webs out of the palms of their hands gets to argue why Marvel continues to owe him royalties."
Posted at 09:32 AM by Howard Bashman




"Justices to Decide if a Ban on Life Terms for Juveniles Applies Retroactively": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court will hear case involving life sentences without parole for juveniles."

And David G. Savage of The Los Angeles Times reports that "High court to decide whether young murder convicts can seek freedom."
Posted at 09:24 AM by Howard Bashman







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