How Appealing



Friday, February 10, 2012

“Ginsburg questions 1973 abortion ruling’s timing”: The Associated Press has a report that begins, “Supreme Court Justice Ruth Bader Ginsburg suggested Friday that her predecessors on the high court mistimed the milestone 1973 Roe v. Wade case that legalized abortion nationwide.”

Posted at 4:12 PM by Howard Bashman



“Gay Marriage Ruling, Written To Appeal To Justice Kennedy, Could Backfire”: Mike Sacks of The Huffington Post has this report.

Posted at 4:00 PM by Howard Bashman



“Rubashkin Hires Former SG Paul Clement for Supreme Court Challenge”: Ryan Koopmans has this post today at the “On Brief” blog, which focuses on appellate developments in Iowa.

Posted at 2:24 PM by Howard Bashman



Today’s “Petition of the day” at “SCOTUSblog”: Miguel A. Estrada‘s petition for writ of certiorari in Comcast Corp. v. Behrend, presenting the question:

Whether a district court may certify a class action without resolving “merits arguments” that bear on Federal Rule of Civil Procedure 23’s prerequisites for certification, including whether purportedly common issues predominate over individual ones under Rule 23(b)(3).

You can access the Third Circuit‘s ruling in the case at this link.

Posted at 1:18 PM by Howard Bashman



“High court asked to undo Mont. campaign money ban”: The Associated Press has a report that begins, “Corporations are asking the Supreme Court to allow them to spend freely to influence upcoming elections in Montana, despite a state high court ruling upholding a ban on independent corporate campaign spending.”

And at “The BLT: The Blog of Legal Times,” Marcia Coyle has a post titled “Montana Independent Expenditure Challengers Ask Justice Kennedy To Stay Lower Court Ruling.”

Update: You can view the stay application filed in the U.S. Supreme Court at this link.

Posted at 12:30 PM by Howard Bashman



Programming note: Due to an out-of-town court appearance related to an appeal that I’m working on, additional posts will not appear here until midday today.

Posted at 5:14 AM by Howard Bashman