How Appealing



Wednesday, March 4, 2015

“Pennsylvania Supreme Court to take death penalty moratorium case; Philadelphia DA calls governor’s actions lawless and unconstitutional”: Paula Reed Ward has this article in today’s edition of The Pittsburgh Post-Gazette.

Posted at 11:11 PM by Howard Bashman



“Judges wary of Apple’s claims of phone patent harm by Samsung”: Diane Bartz of Reuters has this report.

Susan Decker of Bloomberg News reports that “Apple urges court to force Samsung to remove phone features.”

Law360.com reports that “Apple Pushes Fed. Circ. To Ban Samsung Phone Features” (subscription required for full access).

And earlier at “Patently-O,” Daryl Lim previewed the oral argument in a post titled “Apple-Samsung Lawsuit Raises Important Questions about Scope of Injunctions.”

You can access at this link (12.7 MB mp3 audio file) the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit.

Posted at 10:44 PM by Howard Bashman



Mother Nature once again puts the kibosh on FRAP briefing word limit reduction proposal hearing: The hearing, rescheduled for Friday, March 6, 2015 in Washington, DC, has apparently once again been postponed, this time due to a snowstorm expected to arrive in our nation’s capital tomorrow.

In accordance with a natural law component of the Declaration of Independence, if weather were to force a third cancellation of the hearing, the FRAP briefing word limit reduction proposal would be rejected without further consideration under a little-known “three strikes” provision of the federal courts’ rules amendment process.

Posted at 10:36 PM by Howard Bashman



“Federal judge orders deposition of Illinois justice in RICO suit”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 10:04 PM by Howard Bashman



“Validity of Alabama same-sex marriages in question after state supreme court ruling”: Kent Faulk of The Birmingham News has this report. And Jeremy Gray of The Birmingham News reports that “Alabama probate judges again in middle of same-sex marriage debate.”

Patrik Jonsson of The Christian Science Monitor has an article headlined “Alabama Supreme Court blocks gay marriage: What is state really fighting for?

And Jay Reeves of The Associated Press reports that “A defiant Alabama regains ground against gay marriage.”

Posted at 10:01 PM by Howard Bashman



“At Marquette, Brett Kavanaugh talks separation of powers, Bush, Obama”: Bill Glauber has this article in today’s edition of The Milwaukee Journal Sentinel.

D.C. Circuit Judge Brett M. Kavanaugh delivered this year’s E. Harold Hallows Lecture at Marquette University Law School. You can view the video of Judge Kavanaugh’s remarks by clicking here. This annual lecture routinely attracts impressive speakers, as you can confirm by clicking here, here, and here.

Posted at 9:18 PM by Howard Bashman



“Supreme Court Appears Sharply Split in Case on Health Law”: Adam Liptak will have this article in Thursday’s edition of The New York Times. Tomorrow’s newspaper will also contain an editorial titled “The Supreme Court and the Fate of American Health Care.”

In Thursday’s edition of The Washington Post, Robert Barnes will have an article headlined “Supreme Court justices split in key challenge to Obamacare subsidies.” Jerry Markon has an article headlined “Both sides claim victory in latest challenge to the Affordable Care Act.” And in commentary, Dana Milbank has an essay titled “The Supreme Court cannot hide on Obamacare.” Ruth Marcus has an essay titled “Will Anthony Kennedy save the day for the Obama administration?” And Charles Lane has an essay titled “Obamacare’s rescuer?

David G. Savage and Noam N. Levey of The Los Angeles Times report that “Supreme Court appears split in challenge to Affordable Care Act.” In addition, today’s edition of the newspaper contains an editorial titled “Obamacare challengers’ ridiculous claims head to the Supreme Court.”

Jess Bravin and Brent Kendall of The Wall Street Journal have an article headlined “Justices Divided at Health-Law Argument; Liberals grill plaintiffs, conservatives tough on government in case concerning Affordable Care Act subsidies; focus turns to Justice Anthony Kennedy, Chief Justice John Roberts.”

Richard Wolf of USA Today has an article headlined “First Take: Roberts, Kennedy hold the key to Obamacare.”

Michael Doyle of McClatchy Washington Bureau has an article headlined “To nobody’s surprise, Supreme Court seems split on health care law.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court sharply split over major challenge to Obamacare.” And Mark Trumbull has an article headlined “How a ruling against Obamacare could leave both political parties in a bind.”

Tom Howell Jr. of The Washington Times reports that “Obamacare on life support as Supreme Court splits on law’s fate.”

Mark Sherman of The Associated Press reports that “Justices sharply divided over health care law subsidies.” And Connie Cass has an article headlined “Health care at the high court: 5 ways this time is different.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court split over Obamacare challenge.” Joan Biskupic has an article headlined “Roberts, Obamacare’s savior in 2012, seems inscrutable this time.” And Caroline Humer and Bill Berkrot report that “U.S. hospitals optimistic they’ll dodge bullet with Obamacare ruling.”

Greg Stohr and David McLaughlin of Bloomberg News report that “Obamacare Challenge Questioned by Pivotal High Court Justice.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Justices Roberts And Kennedy The Key Votes In Health Law Case.” And John Ydstie had an audio segment titled “A Ruling Against Obamacare Would Have Broad Implications.”

This evening’s broadcast of the PBS NewsHour containde a segment titled “Health care of 8 million on the line as Supreme Court hears ACA case” featuring Marcia Coyle.

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument analysis: Setting up the private debate on the ACA.” And Mark Walsh has a post titled “A view from the Courtroom: Today’s oral argument.”

Posted at 8:20 PM by Howard Bashman



“Florida drops appeals in welfare drug testing case”: The Associated Press has a report that begins, “Florida Gov. Rick Scott will not seek U.S. Supreme Court review of a law that would have required applicants for welfare benefits to submit to mandatory drug testing.”

Posted at 6:04 PM by Howard Bashman



“The Embattled First Amendment: The Supreme Court is interpreting free speech in new ways that threaten our democracy.” Lincoln Caplan has this cover story in the Spring 2015 issue of The American Scholar.

Posted at 1:45 PM by Howard Bashman



“Even The Algorithms Think Obamacare’s Survival Is A Tossup”: Oliver Roeder has this post today at “FiveThirtyEight.”

Posted at 10:22 AM by Howard Bashman



“Obamacare case began when conservative lawyer saw possible flaw in law”: David G. Savage has this article in today’s edition of The Los Angeles Times.

Sheryl Gay Stolberg of The New York Times has an article headlined “A Supreme Court Rematch for a Lawyer Targeting the Health Care Act.”

Mark Sherman of The Associated Press reports that “High court takes up major fight over health law subsidies.”

Greg Stohr of Bloomberg News reports that “Obamacare Subsidies for Millions Hang on Court’s View of ‘State.’

And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “Round 2: Health Care Law Faces The Supreme Court Again.”

Posted at 8:40 AM by Howard Bashman