How Appealing



Thursday, February 2, 2012

“Court orders Prop. 8 trial videos to remain sealed”: Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined “Proposition 8 gay marriage ban trial video release denied.”

Maura Dolan of The Los Angeles Times has a blog post titled “Gay marriage proponents decry ruling on Proposition 8 trial video.”

Warren Richey of The Christian Science Monitor has an article headlined “Judges bar viewing of gay marriage trial videos: what they’re protecting; A federal appeals court rejected the release of video recordings of a landmark gay marriage trial, saying the trial judge’s order to keep them under wraps must be honored to preserve judicial integrity.”

Dan Levine of Reuters reports that “Gay marriage trial videos should stay under wraps-ruling.”

Bloomberg News reports that “Proposition 8 Trial Video to Remain Sealed as Court Considers Gay Marriage.”

And Ariane de Vogue of ABC News has a blog post titled “Federal Court Blocks Release of Videotapes of 2010 Prop 8 Trial.”

My earlier coverage of today’s Ninth Circuit ruling appears at this link.

Posted at 10:36 PM by Howard Bashman



“GOP wary of Mike Lee’s battle with Obama”: The Salt Lake Tribune has a news update that begins, “Senate Republicans have thrashed President Barack Obama for making recess appointments they call unconstitutional. But none of them appears to support Sen. Mike Lee’s plan to retaliate by resisting every nomination the president makes.”

Posted at 10:28 PM by Howard Bashman



“Court rules against abortion protester”: The Philadelphia Daily News has an update that begins, “An antiabortion protester who was arrested for refusing to move to another spot on Independence Mall in 2007 can’t collect damages from two park rangers who detained him, a federal appeals court in Philadelphia ruled Thursday.”

You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 10:06 PM by Howard Bashman



Ninth Circuit rejects federal Fair Housing Act and California Fair Employment and Housing Act claims against Roommate.com for allowing users to select roommates based on their sex, sexual orientation, and familial status: You can access today’s ruling of a partially-divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Chief Judge Alex Kozinski wrote the majority opinion.

Posted at 1:20 PM by Howard Bashman



“[W]e conclude that the district court abused its discretion by ordering the unsealing of the recording of the trial notwithstanding the trial judge’s commitment to the parties that the recording would not be publicly broadcast.” You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit on the issue of the public release of the Proposition 8 federal district court trial videos at this link.

The unanimous three-judge panel’s opinion concludes, “For the reasons discussed above, we reverse the order of the district court as an abuse of its discretion and remand with instructions to maintain the trial recording under seal.” Circuit Judge Stephen Reinhardt wrote the opinion of the Court.

In early news coverage, The Associated Press reports that “Court won’t release CA gay marriage trial videos.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Prop. 8: Video release barred.”

Posted at 1:06 PM by Howard Bashman



“Female veteran sues U.S. over denial of full benefits; The Pasadena woman, a 12-year Army veteran who served in Iraq, says she was denied full benefits because she is married to a woman; The suit targets the 1996 Defense of Marriage Act”: Carol J. Williams has this article today in The Los Angeles Times.

And in today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Same-sex couple sues military over benefits.”

Posted at 11:20 AM by Howard Bashman



Second Circuit denies rehearing en banc of decision striking down a provision of a federal statute denying federal monetary assistance in the fight against AIDS to any organization “that does not have a policy explicitly opposing prostitution and sex trafficking”: You can access today’s order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, and the related concurrence and dissent, at this link.

Although the judges’ opinions correctly use the term “en banc,” the Clerk’s Office’s order appears wedded to the now-abandoned “in banc.”

My earlier coverage of the divided three-judge panel’s ruling in the case can be accessed here. As I explained in that earlier post, “this case may present a strong candidate for U.S. Supreme Court review.”

Posted at 11:04 AM by Howard Bashman



Second Circuit issues what could be that court’s final sanctions-related decision relating to appeal from dismissal of lawsuit against high-ranking federal officials alleging “a fantastical alternative history” of 9/11 attacks: You can access today’s decision of the U.S. Court of Appeals for the Second Circuit at this link.

My earlier coverage of the Second Circuit’s ruling on the appeal and that court’s previous sanctions-related decision in the case can be accessed here and here.

Posted at 10:54 AM by Howard Bashman