How Appealing



Friday, January 9, 2015

“Larger 9th Circuit panel won’t rehear Idaho gay marriage case”: The Idaho Statesman has this news update.

And The Associated Press reports that “Appellate court won’t reconsider Idaho gay marriage.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc at this link. Circuit Judge Diarmuid F. O’Scannlain issued a lengthy dissent, in which Circuit Judges Johnnie B. Rawlinson and Carlos T. Bea joined.

Posted at 11:46 PM by Howard Bashman



“Federal Appeals Court Appears Poised To Strike Down Three Southern States’ Same-Sex Marriage Bans; After oral arguments about Louisiana, Mississippi, and Texas’ bans on marriages for same-sex couples, the 5th Circuit of Appeals looks likely to strike the laws down”: Chris Geidner of BuzzFeed has this report.

Posted at 9:23 PM by Howard Bashman



“The Complete Posner on Posner Series”: The “Concurring Opinions” blog has collected the links to all 12 entries in the series in this one post.

Posted at 8:42 PM by Howard Bashman



“Second Thoughts About the Fourth Circuit’s First Amendment Ruling on Mandatory Ultrasound for Women Seeking Abortions”: Michael Dorf has this post today at his blog, “Dorf on Law.”

Posted at 8:30 PM by Howard Bashman



“Supreme Court Dismisses Case After Litigant Never Surfaces; Plaintiff Whose Case Was Accepted by High Court Can’t Be Found”: Brent Kendall of The Wall Street Journal has this report.

Posted at 4:42 PM by Howard Bashman



“Oklahoma death row inmates seek emergency stays of execution”: The Associated Press has a report that begins, “Attorneys on Friday asked a federal appeals court to delay the executions of four Oklahoma inmates while the court considers their joint appeal.”

Posted at 4:35 PM by Howard Bashman



“Nebraska Supreme Court upholds law used to route Keystone XL”: Joe Duggan of The Omaha World-Herald has this news update.

Nicholas Bergin of The Lincoln Journal Star has a news update headlined “Court upholds law used to route Keystone XL.”

Andrew Harris of Bloomberg News reports that “Keystone Pipeline Nebraska Path Cleared by State High Court.”

And The Associated Press reports that “Nebraska high court tosses suit over Keystone pipeline route.”

You can access today’s ruling of the Supreme Court of Nebraska at this link.

It is interesting to note that Nebraska is another state that has adopted a constitutional provision specifying that “[n]o legislative act shall be held unconstitutional except by the concurrence of five judges.” Although four of the seven justices in today’s ruling voted to hold that the law being challenged — which allows allows “major oil pipeline” carriers to bypass ordinary regulatory procedures — was unconstitutional, the constitutional challenge failed by operation of law because a super-majority of five justices did not agree.

Posted at 10:02 AM by Howard Bashman



“Court of Appeals begins 2015 two judges down”: Capital New York has an article that begins, “The state’s highest court is set to begin its 2015 session down two judges from its usual complement of seven, a deficit that could potentially affect dozens of cases on the court’s docket.”

Posted at 8:46 AM by Howard Bashman



“Billboards and the Bill of Rights: The Supreme Court is slowly changing the meaning of words in free-speech law — and not for the better.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 8:43 AM by Howard Bashman



“Oklahoma man who struck down Ten Commandments monument heads home from hospital, the same day the monument is replaced at Capitol”: The Oklahoman has this report.

Posted at 8:36 AM by Howard Bashman



“Gay marriage bans in South will be heard in federal court”: The Associated Press has a report that begins, “Bans on gay marriage in three staunchly conservative Southern states were to get a hearing in a federal appeals court Friday — the latest legal battle over an issue expected to be settled by the nation’s highest court.”

Posted at 8:29 AM by Howard Bashman