How Appealing



Friday, February 14, 2014

“Justice Dept. Defends Its Conduct on Evidence”: In Saturday’s edition of The New York Times, Charlie Savage will have an article that begins, “The Justice Department has told a federal judge in Oregon that it did not engage in misconduct when prosecutors failed to tell a defendant that he faced evidence derived from warrantless wiretapping before his trial last year on terrorism-related charges.”

Posted at 10:52 PM by Howard Bashman



“Utah court wipes ‘Diaper Man’s’ record clean”: The Salt Lake Tribune has a news update that begins, “The Utah Supreme Court found Friday that Barton Jason Lewis Bagnes did not commit a sexual or criminally lewd act when he dropped his trousers and showed his Elmo diaper to two girls in White City.”

Justice Thomas R. Lee wrote today’s opinion on behalf of a unanimous Supreme Court of Utah.

Posted at 10:38 PM by Howard Bashman



“A Steady Path to Justices as Gay Marriage Gains Momentum in States”: Adam Liptak will have this news analysis in Saturday’s edition of The New York Times.

Online at Slate, law professor David S. Cohen and Dahlia Lithwick have a jurisprudence essay titled “It’s Over: Gay Marriage Can’t Lose in the Courts; A perfect record for equality post-Windsor.”

And at the “Taking Note” blog of The New York Times, Jesse Wegman has a post titled “Scalia Has Seen the Future, and Its Name Is Marriage Equality.”

Posted at 9:56 PM by Howard Bashman



“The Benchslap Dispatches: I Pity The Fool Who Tries To Talk Over Judge Posner.” David Lat has this post today at “Above the Law.”

My earlier coverage appears here and here.

Posted at 7:40 PM by Howard Bashman



“Virginia’s Ban On Gay Marriage Is Struck Down”: Today’s broadcast of NPR’s “Morning Edition” contained this interview with Virginia Attorney General Mark Herring.

Warren Richey of The Christian Science Monitor has an article headlined “Gay marriage: Virginia ruling is third against state bans in three months.”

Mark Sherman of The Associated Press has an article headlined “Va. gay marriage case heads to appeals court” that begins, “With Virginia’s gay marriage ban overturned, the legal fight over same-sex unions in that state goes to a court that has shifted to the left since President Barack Obama’s election.”

And The AP also has a related report headlined “Attorneys general switching sides on gay marriage.”

Posted at 4:01 PM by Howard Bashman



“Affirmative action fading from college scene; The Supreme Court could end the practice in admissions decisions at public universities”: This article appeared yesterday in USA Today.

Posted at 4:00 PM by Howard Bashman



“Public school can’t require students to display a motto on their uniforms”: At “The Volokh Conspiracy,” Eugene Volokh has this post about a case that Eugene briefed, argued, and won today on behalf of his clients in the U.S. Court of Appeals for the Ninth Circuit.

Update: In other coverage, Maura Dolan of The Los Angeles Times has a news update headlined “Court says public school uniform may violate free-speech rights.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “School Uniform Logo Flunks First Amendment.”

Posted at 1:40 PM by Howard Bashman



“Thoughts on oral argument in Notre Dame v. Sebelius”: Will Baude has this post today at “The Volokh Conspiracy.”

Update: An interesting discussion of the oral argument is underway at the “Conlawprof” list, and two comments that I found particularly worth noting came from Kurt Lash and Marty Lederman.

Posted at 1:36 PM by Howard Bashman



“Federal Judge Overturns Virginia’s Same-Sex Marriage Ban”: Erik Eckholm of The New York Times has this report.

Richard Wolf of USA Today reports that “Virginia judge strikes down gay marriage ban; Ruling by U.S. District Judge Arenda Wright Allen sets the stage for a possible Supreme Court showdown, though cases from Utah and Oklahoma also are headed that way.”

The Daily Press of Newport News, Virginia reports that “Virginia federal judge strikes down state’s same-sex marriage ban.”

The Los Angeles Times reports that “Virginia’s gay marriage ban struck down by federal judge.”

Bloomberg News reports that “Virginia’s Gay-Marriage Ban Ruled Unconstitutional.”

Reuters reports that “Federal judge strikes down Virginia’s ban on gay marriage.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Virginia’s same-sex marriage ban falls.”

My earlier coverage of last night’s ruling appears in the post immediately below.

Posted at 8:14 AM by Howard Bashman