How Appealing

Wednesday, March 6, 2013

"Days after losing state Supreme Court case, Republicans seek to lay off justices": The Seattle Times has this blog post.

And The Olympian of Olympia, Washington has a blog post titled "Sen. Baumgartner pushes back at Supreme Court's ruling on taxes, files bill to reduce bench from 9 justices to 5."

You can view the proposed legislation at this link.
Posted at 10:34 PM by Howard Bashman

"'A Big New Power'": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:40 PM by Howard Bashman

"On March 4, 2013, Paul D. Clement, former Solicitor General of the United States, presented 'The Affordable Care Act Case in the Supreme Court: Looking Back, a Year After,' for Marquette Law School's Hallows Lecture." You can view the lecture online, on demand by clicking here (via "WisconsinEye").
Posted at 06:11 PM by Howard Bashman

"Court: Google isn't liable if your name turns up near something you don't like; 7th Circuit finds Wisconsin woman's privacy was not violated via auto-suggest." Cyrus Farivar of Ars Technica has this report.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 04:33 PM by Howard Bashman

"Oklahoma appeals on abortion": Lyle Denniston has this post at "SCOTUSblog." My earlier coverage appears at this link.
Posted at 04:30 PM by Howard Bashman

"Unleash the Lawyer-Bloggers": Paul M. Barrett of Bloomberg Businessweek has this essay today about a recent Virginia Supreme Court ruling that I previously reported on at this link.

According to Barrett's essay, "Rodney Smolla, the attorney representing [the lawyer-blogger involved in the Virginia case], told Bloomberg BNA that he and his client plan to seek U.S. Supreme Court review of the Virginia ruling."
Posted at 04:26 PM by Howard Bashman

"Former justice pens history book about the Court": The Associated Press has this review of retired Justice Sandra Day O'Connor's newest book, "Out of Order: Stories From the History of the Supreme Court."
Posted at 04:10 PM by Howard Bashman

"Judges and Their Papers": Law professor Kathryn A. Watts has posted this article online at SSRN. The article's abstract begins, "Who should own a federal judge's papers?" (Via "Josh Blackman's Blog.")
Posted at 03:55 PM by Howard Bashman

"Republicans block D.C. Circuit nominee Halligan second time": Reuters has this report.

The U.S. Senate's official roll call vote tally can be accessed here.
Posted at 03:28 PM by Howard Bashman

"Ark. House overrides veto of 12-week abortion ban": The Associated Press has a report that begins, "The Arkansas House on Wednesday voted to override Democratic Gov. Mike Beebe's veto of a bill that would ban most abortions from the 12th week of pregnancy onward, giving the state the country's most restrictive abortion laws and setting the stage for a certain court challenge."

And The New York Times has a news update headlined "Arkansas Adopts Strictest Abortion Law in the U.S."
Posted at 03:25 PM by Howard Bashman

"Alabama And The Voting Rights Act": This audio segment appeared on today's broadcast of NPR's "On Point with Tom Ashbrook."

And Ryan J. Reilly of The Huffington Post reports that "Chris Coons Plotting Legislative Response If Voting Rights Act Is Gutted."
Posted at 03:24 PM by Howard Bashman

"Ruth Bader Ginsburg: The Supreme Court's 'Heavyweight.'" This audio segment featuring Jeffrey Toobin of The New Yorker appeared on today's broadcast of NPR's "Fresh Air from WHYY."
Posted at 03:18 PM by Howard Bashman

"Senators Press Holder on Use of Military Force on U.S. Soil": Charlie Savage of The New York Times has this news update.
Posted at 03:16 PM by Howard Bashman

The Associated Press is reporting: You can now access articles headlined "Judge taking a look at Mich. gay marriage ban" and "Puerto Rico court ruling on gay adoptions appealed."
Posted at 01:44 PM by Howard Bashman

"GOP filibuster blocks key Obama judicial nominee": The Washington Times has this news update. reports that "Senate Republicans maintain filibuster on Caitlin Halligan."

Roll Call reports that "Senate Republicans Block Obama Court Nominee."

At "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "GOP Senators Again Block Halligan Nomination to D.C. Circuit."

And The Hill has a blog post titled "GOP blocks Halligan's nomination to DC circuit court."
Posted at 01:14 PM by Howard Bashman

"SCOTUSblog on camera: Nina Totenberg interview, Part 3." Today, "SCOTUSblog" has posted at this link part three of its interview with NPR's legal affairs correspondent, Nina Totenberg.
Posted at 01:04 PM by Howard Bashman

"Eric Holder: Aaron Swartz Case 'A Good Use Of Prosecutorial Discretion.'" Ryan J. Reilly of The Huffington Post has this report.

And The Hill has a blog post titled "Holder defends prosecution of Web activist Swartz."

Update: At Ars Technica, Timothy B. Lee has a post titled "US Attorney General: Swartz case a 'good use of prosecutorial discretion'; Republican senator says government bullied Swartz for 'rather minor' crime."

At, Josh Gerstein has a blog post titled "Holder defends alleged hacker's prosecution."

And at's "Threat Level" blog, David Kravets has a post titled "Attorney General: Aaron Swartz Case Was a 'Good Use of Prosecutorial Discretion.'"
Posted at 12:50 PM by Howard Bashman

"Supreme Court Petition Challenging Injunction Against Display of 'Gruesome Images' Where Children Can See Them": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 12:48 PM by Howard Bashman

"Dissatisfied with the results of internet searches for her name, Beverly Stayart has launched a legal campaign against internet search engines." So begins a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

Update: In early news coverage, Jonathan Stempel of Reuters has a report headlined "Google not liable for vanity search results -- appeals court."
Posted at 11:36 AM by Howard Bashman

"Nonprofits told to justify tax exemption": Bobby Kerlik has this article today in The Pittsburgh Tribune-Review. According to the article, "The nonprofits must fill out a three-page application and explain why the property meets a 2012 state Supreme Court decision that qualifies them for tax exemptions as a public charity."
Posted at 11:20 AM by Howard Bashman

The U.S. Senate's vote on a cloture motion on the nomination of Caitlin J. Halligan to serve on the U.S. Court of Appeals for the D.C. Circuit is now underway: You can view the vote live, online via C-SPAN2.

Update: The cloture motion failed, as 51 senators voted in favor, and 41 voted against. Sixty votes in favor are needed to invoke cloture. I will link to the official roll call vote tally when it becomes available.
Posted at 10:54 AM by Howard Bashman

"Eric Holder: Drone Strike To Kill U.S. Citizen On American Soil Legal, Hypothetically." Ryan J. Reilly of The Huffington Post has this report on a letter that the U.S. Attorney General issued on Monday.
Posted at 09:01 AM by Howard Bashman

"Kan. Supreme Court hears case in death of student who led secret life as Internet pornography model": The Associated Press has this report.
Posted at 08:50 AM by Howard Bashman

"Oklahoma AG asks U.S. Supreme Court to review abortion case": The Associated Press has this report.

Update: You can view the petition for writ of certiorari at this link.
Posted at 08:40 AM by Howard Bashman

"Academics see limited options for avoiding major blow to Voting Rights Act": Marcia Coyle of The National Law Journal has this report.
Posted at 08:34 AM by Howard Bashman

"9th Circuit rejects free speech argument in drug promotion case": Terry Baynes of Reuters has a report that begins, "A drug company executive convicted of misrepresenting the results of a clinical drug trial cannot use the First Amendment to overturn his conviction, a federal appeals court ruled in a case with potentially far-reaching implications for the pharmaceutical industry."

The implications of Monday's ruling of the U.S. Court of Appeals for the Ninth Circuit may be limited due to the fact that the decision is identified as non-precedential.
Posted at 08:32 AM by Howard Bashman

U.S. Supreme Court-related segments from last night's broadcast of Comedy Central's "The Daily Show with Jon Stewart": Last night's broadcast contained segments titled "Sandra Day O'Connor Pt. 1"; "Sandra Day O'Connor Pt. 2"; and "Ballots of the Southern Wild."
Posted at 08:30 AM by Howard Bashman

"New plea on war crimes scope": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:06 AM by Howard Bashman

"Senate vote will reignite battles over judiciary nominees": The Washington Times contains this article today. reports that "Sen. Jeff Sessions opposes D.C. Circuit Court nominee Caitlin Halligan." reports that "GOP opposes nominee over guns."'s "Washington Wire" blog has a post titled "Senate Poised to Block Obama Court Nominee" that begins, "For the second time in two years, Senate Republicans are poised to block the nomination of a former New York state solicitor general to a federal appeals court."

Today's edition of The New York Times contains an editorial titled "Confirm Caitlin Halligan for the Federal Bench."

And online at The Hill, law professor Carl Tobias has a blog post titled "Senate should move quickly to fill vacancies on D.C. Circuit."
Posted at 08:04 AM by Howard Bashman

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