How Appealing

Wednesday, February 12, 2014

"Teen's Sentence Won't Go Before En Banc Circuit": Courthouse News Service has a report that begins, "With seven judges complaining about the creation of a circuit split, the 9th Circuit refused Wednesday to disturb the reversal of a teenager's 254-year prison sentence."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the dissent therefrom, at this link. A total of seven judges joined in the dissent from the denial of rehearing en banc.

The original three-judge panel's unanimous ruling can be accessed here.
Posted at 11:00 PM by Howard Bashman



"Contraception mandate burdens religious exercise, Hobby Lobby argues; With U.S. Supreme Court arguments looming, the Oklahoma City-based chain says law protects corporations as well as individuals": Chris Casteel of The Oklahoman has this report.
Posted at 10:42 PM by Howard Bashman


"Judge issues temporary restraining order prohibiting Tulsa pharmacy from delivering execution drug": The Tulsa World has this news update.

And The Associated Press reports that "Company blocked from selling execution drug to Mo."

Update: You can view the temporary restraining order at this link.
Posted at 10:40 PM by Howard Bashman



"Resentencing delayed for convicted terrorism plotter with Broward ties; Trained al-Qaida fighter Jose Padilla could face harsher penalty after appeals court says judge erred in giving him 17 years": The South Florida Sun Sentinel has this news update.
Posted at 10:12 PM by Howard Bashman


"Ruling on birth control mandate appealed; Federal attorneys ask for review": Rich Lord has this article today in The Pittsburgh Post-Gazette.

Today's edition of The Pittsburgh Tribune-Review contains an article headlined "Government appeals rulings in local health care mandate cases."

And The Associated Press reports that "Pa. health care law contraceptive rulings appealed."
Posted at 10:10 PM by Howard Bashman



"Judge issues no decision in Texas' same-sex marriage ban": The San Antonio Express-News has this update.

And Reuters reports that "U.S. court hears suit to overturn same-sex marriage ban in Texas."
Posted at 10:07 PM by Howard Bashman



"Looking vs. Touching: Is possession of child pornography a crime worthy of years in prison?" Jacob Sullum has this essay online today at Reason.
Posted at 09:21 PM by Howard Bashman


"How Much Money Is Hobby Lobby's Morality Worth? In March, the company will make arguments before the Supreme Court, defending the right not to provide contraceptive coverage to employees. But what happens if it loses?" Emma Green has this essay online at The Atlantic.

And at the "Mirror of Justice" blog, Kevin C. Walsh has a post titled "A couple of observations about the government's Questions Presented in Conestoga Wood."
Posted at 07:54 PM by Howard Bashman



"ND case hearing turns contentious": The South Bend Tribune has this news update.

In Thursday's edition of The Wall Street Journal, Ben Kesling and Louise Radnofsky will have an article headlined "Judges Push Back on Notre Dame Challenge; School's Bid to Be Exempt From Any Involvement in Contraception Coverage Draws Skeptical Responses From the Bench." You can freely access the full text of the article via Google.

And Thursday's edition of The Chicago Tribune will contain an article headlined "Judge, Notre Dame attorneys spar in school's health care law appeal."

You can access the oral argument of today's oral argument at the U.S. Court of Appeals for the Seventh Circuit in Univ. of Notre Dame v. Sebelius, No. 13-3853, at this link.
Posted at 07:51 PM by Howard Bashman



"Kentucky ban on gay marriages from other states struck down by federal judge": The Courier-Journal of Louisville has this news update.

The Lexington Herald-Leader has a news update headlined "Federal judge: Kentucky must recognize same-sex marriages from other states."

The Associated Press has a report headlined "Judge: Ky. must recognize same-sex marriages."

Bloomberg News reports that "Kentucky Told to Recognize Out-of-State Same-Sex Marriage."

Reuters has a report headlined "Kentucky must recognize same-sex marriages from other states: judge."

And at "SCOTUSblog," which provides this link to the ruling, Lyle Denniston has a post titled "Kentucky ruling on same-sex marriages."
Posted at 06:03 PM by Howard Bashman



U.S. Supreme Court asked to resolve circuit split that has arisen over the substance of that Court's holding in Commonwealth Coatings Corp. v. Continental Casualty Co. (1968): You can access the petition for writ of certiorari filed yesterday in the U.S. Supreme Court at this link.

As alluded to in this earlier post, I served as appellate counsel for the petitioner in the U.S. Court of Appeals for the Third Circuit.
Posted at 05:55 PM by Howard Bashman



"Oklahoma pharmacy sued over lethal injection drug": The Associated Press has this report.
Posted at 05:40 PM by Howard Bashman


"Court questions feds' surveillance appeal": Josh Gerstein of Politico.com has this blog post.
Posted at 05:36 PM by Howard Bashman


Dog bites dog, and -- four and one-half years later -- the Supreme Court of Pennsylvania divides 3-to-3 over whether a provision of Pennsylvania's Dog Law creates an absolute liability offense: According to the opinion in support of reversal, the attacking dog was a black giant schnauzer, while the dog that was the victim of the attack was a Bernese mountain dog. Fortunately, the victim did not suffer any long-term injuries.

Today's affirmance by an equally divided court consists of a per curiam order; two opinions in support of affirmance (here and here); and an opinion in support of reversal.
Posted at 04:40 PM by Howard Bashman



Programming note: This morning, I have a meeting out of the office with trial counsel in a pending appeal that I'm working on. As a result, additional posts won't appear here until this afternoon. You can check this blog's Twitter feed for appellate-related retweets in the interim.
Posted at 08:00 AM by Howard Bashman


"Judge to hear challenge of Texas' gay marriage ban": The Associated Press has this report.
Posted at 07:51 AM by Howard Bashman


"Fremont immigrant housing ordinance will stay as is, but the victors say the fight isn't over": This front page article appears today in The Omaha World-Herald.

The Fremont (Neb.) Tribune reports today that "Fremont voters say no."

And The Associated Press reports that "Nebraska city to keep illegal immigration rules."
Posted at 07:35 AM by Howard Bashman







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