How Appealing


Monday, May 25, 2015

"Appeals court focuses on Virginia death row inmate's ability to handle daily tasks": The Associated Press has a report that begins, "Arguments in a federal appeals court suggest that a Virginia death row inmate's claim that he can't be executed because he is intellectually disabled could turn on his ability to handle everyday tasks."

You can access via this link (16.1 MB mp3 audio file) the audio of last week's oral argument in this case before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 10:14 AM by Howard Bashman




"TN Supreme Court to weigh public records case": Stacey Barchenger of The Tennessean has an article that begins, "A case pitting public records law and the privacy of crime victims and police evidence is before the Tennessee Supreme Court for consideration Thursday."
Posted at 10:07 AM by Howard Bashman




"What it cost Indiana to fight same-sex marriage": The Indianapolis Star has an article that begins, "The state paid more than $1.4 million in fees to plaintiffs' attorneys in five federal court cases that challenged -- and ultimately helped overturn -- Indiana's ban on same-sex marriages, according to the attorney general's office."
Posted at 10:00 AM by Howard Bashman




"Ruling may gut 'Obamacare,' but Republicans would feel the heat if millions lose subsidies": The Associated Press has this report.
Posted at 09:55 AM by Howard Bashman




Sunday, May 24, 2015

"Staging Scalia: The Originalist misses the point of originalism." Law professor John O. McGinnis has this essay online at City Journal.
Posted at 11:28 PM by Howard Bashman




"Plaintiffs from Utah's landmark gay marriage case tie the knot": Jennifer Dobner of The Salt Lake Tribune has a news update that begins, "The couple at the center of the historic federal lawsuit that overturned Utah's ban on same-sex marriage in 2013 tied the knot on Sunday in a public wedding ceremony at the Gallivan Center in the heart of Salt Lake City."
Posted at 09:00 PM by Howard Bashman




"For-Profit and Non-profit Organizations Should Enjoy the Same Civic Rights": John O. McGinnis has this post today at the "Library of Law and Liberty" blog.
Posted at 04:00 PM by Howard Bashman




"Ohio House bill would ban abortions spurred by diagnosis of Down syndrome": Today's edition of The Columbus Dispatch contains a front page article that begins, "Ohio could become the second state to ban women from having an abortion because of a fetal diagnosis of Down syndrome."
Posted at 11:45 AM by Howard Bashman




"Arizona Legislature, Congress at odds on redistricting": Rebekah L. Sanders of The Arizona Republic has this report.
Posted at 11:44 AM by Howard Bashman




Saturday, May 23, 2015

Second Circuit Clerk's Office, once again, has issues with keeping "under seal" opinion under seal: Nearly eight years ago, I was involved in one such incident, detailed here, here, and here.

Something similar happened once again yesterday. As I previously noted in this post, yesterday the Second Circuit issued an order in a case of public interest stating that the court's opinion was filed under seal and would be issued next Tuesday, possibly in redacted form after the parties have received an opportunity to suggest any desired redactions.

Late yesterday, however, Reuters published a revised version of its article headlined "Actavis cannot drop old version of Alzheimer's drug -- appeals court." According to that article, "The decision was filed under seal, but a copy was provided to a Reuters reporter by a member of the court clerk's office upon request." It is certainly remarkable that the Second Circuit's Clerk's Office would apparently provide a news reporter with a copy of an under-seal opinion not scheduled for public release until next Tuesday -- and subject to redaction in the interim before public release -- merely because the reporter asked to see a copy of the opinion.
Posted at 10:14 PM by Howard Bashman




"Non-profit brings voting rights campaign to V.I." Today's edition of The Virgin Islands Daily News contains an article that begins, "Quirks of federal law and a century-old U.S. Supreme Court ruling about the shipment of oranges keep residents of territories like the U.S. Virgin Islands from having the right to vote in presidential elections."
Posted at 09:26 PM by Howard Bashman




"In new open records case, Thomas Woznicki invokes 'the Woznicki rule'": Bruce Vielmetti has this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 09:21 PM by Howard Bashman




"Strict sentences come under fire in Pa. courts": Riley Yates of The Morning Call of Allentown, Pennsylvania has this report.
Posted at 09:16 PM by Howard Bashman




"Local attorney on mission to win legal status, freedom for chimps": The South Florida Sun Sentinel of Fort Lauderdale has this report.
Posted at 09:12 PM by Howard Bashman




"As Americans become more liberal, will Supreme Court follow on gay marriage?" Brad Knickerbocker of The Christian Science Monitor has this report.
Posted at 12:52 PM by Howard Bashman




Friday, May 22, 2015

"Supreme Court of Canada orders new trial in child porn case; Donny Barabash, Shane Rollison of Alberta were originally acquitted of making child pornography as videos were consensual and for private use": The Toronto Star has this news update.

Sean Fine of The Toronto Globe and Mail has a news update headlined "Supreme Court ruling blocks adults from exploiting apparent teen consent."

National Post has a news update headlined "Sex with 14-year-olds legal in 2008, but probably not while videotaping it in a crack house: top court."

And The Canadian Press reports that "Supreme Court orders new trial for Alberta men who made sex tapes of 14-year-old runaways."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 10:54 PM by Howard Bashman




"Crooks says Roggensack threatened to throw justices off cases": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "Days before three state Supreme Court justices skipped ceremonies to admit new lawyers to the bar, Justice N. Patrick Crooks accused newly elected Chief Justice Patience Roggensack of breaking court rules by threatening to throw him off a case without any authority."
Posted at 05:09 PM by Howard Bashman




"We conclude that the content of New York's custom license plates constitutes private speech and that the plates themselves are a nonpublic forum." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.

Today's ruling reverses a decision of the U.S. District Court for the Northern District of New York holding that the New York State Department of Motor Vehicles violated the First Amendment rights of Children First Foundation when the agency refused to approve an application to issue a "Choose Life" custom license plate.

In early coverage, The New York Daily News reports that "New York DMV's decision to reject 'Choose Life' license plates upheld by appeals court."

The Second Circuit issued an earlier ruling in this case back in March 2006, and my coverage of that ruling can be accessed here.
Posted at 01:07 PM by Howard Bashman




"Tobacco Industry Picks Up Tailwind as Smoker Suits Dealt Setback": Margaret Cronin Fisk and Bob Van Voris of Bloomberg News have a report that begins, "A little-noticed ruling by three federal judges may have tipped the scales in favor of the tobacco industry's bid to put decades of smoker lawsuits behind it."

My earlier coverage of last month's Eleventh Circuit ruling appears here and here.
Posted at 12:58 PM by Howard Bashman




"U.S. court hands partial win to tobacco firms over judge-ordered disclosures": Lawrence Hurley of Reuters has this report.

Sam Hananel of The Associated Press reports that "Tobacco firms get partial win over claims on smoking effects."

And Bloomberg News reports that "Cigarette Packs Must Concede Addictive Intent, Not Deception."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:51 PM by Howard Bashman




"Actavis cannot drop old version of Alzheimer's drug -- appeals court": Reuters has this report on an order that the U.S. Court of Appeals for the Second Circuit issued today.

Today's order states that the three-judge panel has filed an opinion under seal explaining the basis for the affirmance and gives the parties until next Tuesday at 1 p.m. to advise whether the opinion should be unsealed in full or with portions redacted. Happy holiday weekend, counsel!
Posted at 12:45 PM by Howard Bashman




"Senate Judiciary Committee Hearings: Luis Restrepo Nomination Delay Leads to Backlog of Cases." Latin Post has this report today.

And in related commentary, The Wisconsin State Journal has an editorial titled "Judicial vacancy highlights Washington dysfunction."
Posted at 12:38 PM by Howard Bashman




"Banks hope to benefit from high court ruling on discrimination": Lawrence Hurley of Reuters has this report.
Posted at 12:33 PM by Howard Bashman




"State Supreme Court upholds grandparents' visitation rights": Today's edition of The Nashua (N.H.) Telegraph contains a front page article (subscription required for full access) that begins, "Grandparents don't lose their right to visit their grandchildren even if the children's parents die and somebody else adopts the child, the state supreme court has ruled."

You can access last Tuesday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 08:07 AM by Howard Bashman




"Anti-Gay Groups Gear Up To Fight A 30-Year-Old Supreme Court Victory Over Racism": Ian Millhiser has this essay online at ThinkProgress.
Posted at 08:00 AM by Howard Bashman




Thursday, May 21, 2015

"Homecoming for Judge Reinhardt at Pomona College": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.

You can view the video of Circuit Judge Stephen Reinhardt's remarks via this YouTube link.
Posted at 11:42 PM by Howard Bashman




"HSBC wins reversal of $2.46 billion Household judgment": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 10:10 PM by Howard Bashman




"Judy Clarke Has Saved Every American Villain. Until Dzhokhar Tsarnaev. Along with the Boston Bomber, she has defended Ted Kaczynski, Zacarias Moussaoui, Eric Rudolph, and Susan Smith in court. By saving the worst among us, Clarke believes she's saving all of us. Whether we like it or not." Jennifer Percy will have this article in the June/July 2015 issue of Esquire magazine.
Posted at 10:02 PM by Howard Bashman




"The Unquenchable Thirst For Supreme Court Tea Leaves: Did you hear what that justice just said?!? During the 'silly season' of waiting for big decisions, court watchers obsess over any and all clues." Sam Baker has this report online today at National Journal.
Posted at 08:57 PM by Howard Bashman




"Obama's Game of Chicken with the Supreme Court": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 08:52 PM by Howard Bashman




"Strikethrough (Fatality): The origins of online stalking of abortion providers." Law professor David S. Cohen and attorney Krysten Connon have this jurisprudence essay online today at Slate.
Posted at 08:35 PM by Howard Bashman




"Accommodation of Deaf IBM Worker OK'd": Courthouse News Service has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 08:30 PM by Howard Bashman




"Inmate who won order for sex reassignment surgery recommended for parole": The Los Angeles Times has this news update.

The article explains that "[a]t the same time, a federal appeals judge on Thursday granted the state's request for a stay, suspending the April decision by a U.S. District Court Judge Jon Tigar that Michelle-Lael Norsworthy has a constitutional right to the surgery."

You can access today's per curiam stay order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:56 PM by Howard Bashman




"Bias and the justices: A taxing decision." Steven Mazie has this post at the "Democracy in America" blog of The Economist.

And today at "Dorf on Law," Michael Dorf has a post titled "Congressional Power to Authorize Dormant Commerce Clause Violations" discussing his recent Justia.com Verdict column titled "Is the Dormant Commerce Clause a 'Judicial Fraud'?"
Posted at 02:00 PM by Howard Bashman




"A Few Surprises in San Francisco v. Sheehan": Richard M. Re has this post at "PrawfsBlawg."
Posted at 01:57 PM by Howard Bashman




"D.C. Circuit: Catholic Archbishop Must Facilitate Provision of Contraceptives and Abortifacients." Ed Whelan had this post today at National Review's "Bench Memos" blog.
Posted at 01:48 PM by Howard Bashman




Eighth Circuit upholds National Football League's settlement of class action resolving litigation surrounding NFL Films' use of former NFL players' likenesses and identities: You can access today's ruling of a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:45 PM by Howard Bashman




"Rough Justice Is Not Simple Justice: Fourth Circuit Guts Wal-Mart v. Dukes and Creates Circuit Split by Ordering Title VII Claims Certified as Rule 23(b)(3) Class." Derek Stikeleather has this post today at the "Maryland Appellate Blog."
Posted at 11:30 AM by Howard Bashman




"Why Is It So Easy for States to Execute the Mentally Ill?" Jordan Smith had this post online yesterday at The Intercept.

And online at The Nation, Bruce Shapiro has an essay titled "What's Wrong With the Federal Death Penalty: Dzhokhar Tsarnaev was sentenced to death by a federal jury in a state that firmly repudiates capital punishment."
Posted at 11:23 AM by Howard Bashman




"When it comes to the death penalty, California should follow Nebraska": Columnist Scott Martelle has this essay online at The Los Angeles Times.
Posted at 11:20 AM by Howard Bashman




"Posner's Pottage": Ed Whelan had this post yesterday at National Review's "Bench Memos" blog.
Posted at 11:17 AM by Howard Bashman




"Abortion 'parody' of NAACP is constitutional speech: court; Pro-life group prevails in trademark suit with famous civil rights group": Cheryl Wetzstein of The Washington Times has this report.

My earlier coverage of Tuesday's Fourth Circuit ruling can be accessed here.
Posted at 11:15 AM by Howard Bashman




"Senate Has Confirmed Just Two Judges in 2015": Jacob Gershman had this post yesterday at WSJ.com's "Law Blog."

And online at The Washington Post, Al Kamen's "In the Loop" blog had an entry Tuesday titled "Want to be called 'Your Honor?' You may have to wait for that."
Posted at 11:12 AM by Howard Bashman




Wednesday, May 20, 2015

"The (Un)Importance of the Supreme Court": Michael Dorf had this post Monday at his blog, "Dorf on Law."
Posted at 10:52 PM by Howard Bashman




"Courts: Hobby Lobby ruling does not mean you don't have to sign a form." Irin Carmon of msnbc.com has this report.

As the article discusses, today the U.S. Court of Appeals for the D.C. Circuit issued an order denying rehearing en banc in one such case. The order was accompanied by a concurrence and two dissents.
Posted at 10:44 PM by Howard Bashman




In articles of interest available online via SSRN: Law professor Elizabeth G. Porter has an article titled "Pragmatism Rules" whose syllabus begins, "The Roberts Court's decisions interpreting the Federal Rules of Civil Procedure are reshaping the litigation landscape."

And Bradley Girard has an article titled "Don't Try This at Home: The Troubling Distortion of Rule 68."

Both articles via "Legal Theory Blog" (here and here).
Posted at 10:28 PM by Howard Bashman




"Appeals court denies Don Siegelman's bid for new trial": Brian Lyman of The Montgomery Advertiser has this report.

And The Associated Press has a report headlined "Don Siegelman denied new trial: Bribery conviction, prison sentence upheld by federal appeals court."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:32 PM by Howard Bashman




"Sixth Circuit creates circuit split on private search doctrine for computers": Orin Kerr has this post today at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 09:16 PM by Howard Bashman




"Federal court rejects Notre Dame birth control challenge": The South Bend Tribune has this report.

Tom Howell Jr. of The Washington Times reports that "Notre Dame suit to duck Obamacare birth-control mandate denied -- again."

And The Associated Press reports that "Court won't exempt Notre Dame from birth control provision."

My earlier coverage of yesterday's Seventh Circuit ruling appears here and here.
Posted at 09:14 PM by Howard Bashman




"Capital punishment's slow death": Columnist George F. Will has this essay online at The Washington Post.
Posted at 09:07 PM by Howard Bashman




"Supreme Court Showbiz: These new dramatizations miss the real drama." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman




"Lethal Entanglements: Lethal injection was supposed to be a cleaner, more humane version of capital punishment; Over the past five years, it has become a messy, largely unmonitored testing ground for toxic drugs." Ben Crair will have this article in the upcoming issue of The New Republic magazine.
Posted at 04:10 PM by Howard Bashman




"The Obamacare Curse: What If, Next Month, the Republicans Finally Get What They Want?" Jonathan Chait has this article in the May 18, 2015 issue of New York magazine.
Posted at 01:32 PM by Howard Bashman




"Drop in Patent Lawsuits, Damages Blunts Call for Congress to Act": Susan Decker of Bloomberg News has this report.
Posted at 01:30 PM by Howard Bashman




"This appeal concerns the constitutionality of four provisions of Hawaii's campaign finance laws under Citizens United": So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:22 PM by Howard Bashman




"Nebraska lawmakers vote to repeal death penalty; Ricketts has promised a veto": Joe Duggan of The Omaha World-Herald has this news update.

And The Lincoln Journal Star has a news update headlined "Death penalty repeal passes Legislature, awaits veto."
Posted at 01:16 PM by Howard Bashman




"My new book 'The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain.'" Ilya Somin has this post today at "The Volokh Conspiracy."
Posted at 01:14 PM by Howard Bashman




"Catholic soul-searching in Ireland over vote on gay marriage": The Associated Press has this report.
Posted at 01:05 PM by Howard Bashman




"Notre Dame birth-control protest denied again": Lyle Denniston has this post today at "SCOTUSblog."

My earlier coverage of yesterday's Seventh Circuit ruling can be accessed here.
Posted at 01:03 PM by Howard Bashman







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