How Appealing



Thursday, March 5, 2015

“Companies Turn Tables on Human Rights Lawyers”: Barry Meier will have this article in Friday’s edition of The New York Times.

Posted at 9:42 PM by Howard Bashman



“Roy Moore: Two U.S. Supreme Court justices should abstain from gay marriage vote.” Kent Faulk of The Birmingham News has an article that begins, “Alabama Supreme Court Chief Justice Roy Moore says two U.S. Supreme Court Justices should recuse themselves from an upcoming vote on gay marriage because they have performed the marriages of same-sex couples.”

Posted at 9:40 PM by Howard Bashman



“With Eyes on His Vote in Health Subsidies Case, Roberts Lets on Little”: Adam Liptak will have this article in Friday’s edition of The New York Times.

Posted at 9:35 PM by Howard Bashman



April 1, 2015 is the new date for the Appellate Rules and Forms Public Hearing: April Fools’ Day is quite fittingly the newly scheduled date for the public hearing on the FRAP briefing word limit reduction proposal. As I noted in this post last night, the hearing — originally rescheduled for tomorrow — was postponed due to today’s snowstorm in Washington, DC.

Word has reached me that a major newspaper may be in the midst of researching and writing an article on the subject of the word limit reduction proposal. According to what I have heard, the article may even contain some humor.

Posted at 8:50 PM by Howard Bashman



“An Obamacare Cliff-Hanger at the Supreme Court: Oral arguments before the Justices offer clarity on the legal issues, but the law’s fate is less certain than ever.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 7:08 PM by Howard Bashman



“‘An Exchange Established By the State'”: This audio segment featuring Emily Bazelon appeared on today’s broadcast of WNYC Radio’s “The Brian Lehrer Show.”

Posted at 7:04 PM by Howard Bashman



“Anticipating Nationwide Right to Same-Sex Marriage, States Weigh Religious Exemption Bills”: Richard Fausset and Alan Blinder will have this article in Friday’s edition of The New York Times.

Posted at 5:14 PM by Howard Bashman



“Questions Linger About Plaintiffs’ Legal Standing in Health-Law Case; Issue engaged several Supreme Court justices at the outset of each side’s arguments”: Louise Radnofsky of The Wall Street Journal has this report.

Posted at 3:54 PM by Howard Bashman



“In Facebook case, Supreme Court must offer guide to defining threat”: Jeffrey M. McCall had this op-ed in yesterday’s edition of The Morning Call of Allentown, Pennsylvania.

Posted at 3:00 PM by Howard Bashman



“What’s next for the Supreme Court: Same-sex marriage and the death penalty”: Robert Barnes of The Washington Post has this report.

Posted at 1:40 PM by Howard Bashman



“Gay marriage case to reach Supreme Court April 28”: Richard Wolf of USA Today has this report.

Brent Kendall of The Wall Street Journal reports that “Supreme Court to Hear Same-Sex Marriage Arguments on April 28; High court will consider whether gay couples have a constitutional right to marry nationwide.”

The Associated Press reports that “Justices will hear gay marriage cases on April 28.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court to release same-day audio for same-sex marriage cases.”

In addition, the U.S. Supreme Court has announced that it will release same-day audio following the oral argument.

Posted at 11:32 AM by Howard Bashman



“Federal appeals court throws out Blankenship gag order”: The Charleston (W. Va.) Gazette has this news update.

The Associated Press reports that “Appeals court tosses gag order in ex-coal company CEO’s case.”

And Josh Gerstein of Politico.com has a blog post titled “Appeals court voids gag order in coal executive’s trial.”

You can access today’s unpublished order of the U.S. Court of Appeals for the Fourth Circuit at this link.

And the audio of Monday’s Fourth Circuit oral argument in the case can be accessed via this link (40.6 MB mp3 audio file).

Posted at 11:07 AM by Howard Bashman



“Gun rights showdown: Sunnyvale restrictions upheld by appeals court.” Howard Mintz of The San Jose Mercury News has this report.

Bob Egelko of The San Francisco Chronicle reports that “Court upholds Sunnyvale gun limits, similar to S.F.’s.”

And Maura Dolan of The Los Angeles Times reports that “Sunnyvale can enforce gun ordinance, appeals court rules.”

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

Posted at 10:12 AM by Howard Bashman



“Justice Who Once Tried to Kill Obamacare Now Potential Savior”: Greg Stohr of Bloomberg News today has an article that begins, “U.S. Supreme Court Justice Anthony Kennedy voted to strike down Obamacare three years ago. Now, he could be the law’s savior.” In addition, Paul Barrett has an essay titled “What is ‘Constitutional Avoidance’ and How Might It Rescue Obamacare? Justice Kennedy’s obscure and surprising line of questioning could provide a way for health reform to survive.”

At Politico.com, David Nather has an article headlined “Obamacare saved? Not so fast; One can read too much into Justice Kennedy’s questions.” And Jennifer Haberkorn has an article headlined “Obamacare at the Supreme Court: Round 2; A decision could cut off health insurance subsidies to more than 7 million.”

Sahil Kapur of TPM DC reports today that “Kennedy Explores A Conservative Path To Allowing Obamacare Subsidies.”

Online at Slate, Reihan Salam has an essay titled “Will Kennedy Save Obamacare? If he does, it will be in deference to a conservative principle that could reshape American jurisprudence and lawmaking.” And Alec MacGillis has an essay titled “Circular Reasoning: Will the logic that gutted Obamacare in 2012 save it this time?

Today’s edition of The Wall Street Journal contains an editorial titled “Federalism and ObamaCare: Liberals discover state’s rights in a Hail Mary to save the health law.” You can freely access the full text of the op-ed via Google. And Scott Pruitt, Oklahoma’s attorney general, has an op-ed titled “A State Reply to Justice Kennedy: We are not children who must be protected by the federal government from making choices.” You can freely access the full text of the op-ed via Google.

At the “Plum Line” blog of The Washington Post, Greg Sargent has a post titled “A hint of good news for Obamacare, but don’t get your hopes up too much.” And at the “PostPartisan” blog, Stephen Stromberg has a post titled “Another contorted Obamacare ruling in the works.”

Online at The New Republic, Brian Beutler has an essay titled “Anthony Kennedy Hinted at How to Save Obamacare — But Will the Supreme Court Listen?

At Bloomberg Politics, David Weigel has essays titled “The Libertarians Who Got SCOTUS and Congress to Consider the Unthinkable” and “The Lawyer Who Could Kill Obamacare Tells a Revealing Joke.”

And at Bloomberg View, law professor Timothy Jost has an essay titled “Four Ways Obamacare Can Survive the Supremes,” while law professor Noah Feldman has essays titled “The Heart of the Obamacare Case“; “Government Wants Obamacare Ruling Now“; and “Obamacare Is on Roberts’s Shoulders, Again.”

Posted at 9:22 AM by Howard Bashman