How Appealing

Wednesday, March 12, 2014

"Ruling On Gay Juror May Cause Ripples In Same-Sex Marriage Cases": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:54 PM by Howard Bashman


Google and YouTube file petition for rehearing en banc challenging Ninth Circuit panel's copyright and take-down rulings in Garcia v. Google: I have posted at this link the petition for rehearing en banc filed tonight in the U.S. Court of Appeals for the Ninth Circuit.

My initial coverage of the divided three-judge panel's ruling can be accessed here.
Posted at 11:20 PM by Howard Bashman



"New Hampshire Nears Repeal of Death Penalty": This article will appear in Thursday's edition of The New York Times.
Posted at 09:02 PM by Howard Bashman


"No Longer Black and White: Why liberals should let California's affirmative-action ban stand." Richard D. Kahlenberg has this jurisprudence essay online at Slate.
Posted at 08:46 PM by Howard Bashman


"Justice Samuel Alito Speaks at Pepperdine Event; U.S. Supreme Court Justice Samuel Alito offers advice to young lawyers and says State of the Union addresses are increasingly difficult for justices to attend": The Malibu Times has this report.
Posted at 08:44 PM by Howard Bashman


Google and YouTube file brief supporting en banc review of Ninth Circuit's refusal to issue a stay of three-judge panel's take-down order in Garcia v. Google pending action on petition for rehearing en banc of underlying three-judge panel's ruling: You can access the brief in support of en banc review of the order denying a stay at this link. The Ninth Circuit had previously ordered the opposing parties to file their views on this issue no later than today.

[Update: I have posted at this link plaintiff Cindy Lee Garcia's brief in response to the en banc call on the stay order filed earlier today.]

Today is also the deadline for Google to file its petition for rehearing en banc of the underlying three-judge panel's decision, which issued 14 days ago. The rehearing petition will be filed later tonight, I am reliably advised. My initial coverage of that ruling can be accessed here.

It is quite possible that the issue concerning en banc review of the stay denial will fall by the wayside if the Ninth Circuit quickly grants en banc review of the underlying three-judge panel's ruling. In the Ninth Circuit, when en banc review is granted, the effect is to vacate the three-judge panel's ruling.
Posted at 08:33 PM by Howard Bashman



"Kline seeks U.S. Supreme Court review of license suspension; Petition asserts Kline punished for political views on abortion": The Topeka Capital-Journal has this report.
Posted at 08:05 PM by Howard Bashman


"Sunnyvale gun law: Supreme Court justice refuses to stay ban on large-capacity magazines." Josh Richman of The Oakland Tribune has this news update.

And The Associated Press reports that "Kennedy denies request to block gun magazine law."
Posted at 08:02 PM by Howard Bashman



"Can police search your phone on arrest? Groups urge Supreme Court to say 'no'; Searching the vast array of personal data in smartphones calls for a warrant." Joe Silver of Ars Technica has this report.
Posted at 07:58 PM by Howard Bashman


"Utah's decision to freeze same-sex marriages debated in court": Brooke Adams of The Salt Lake Tribune has this news update.

The The Deseret News has an update headlined "Utah recognition of same-sex marriage in judge's hands."
Posted at 07:35 PM by Howard Bashman



"House backs bill to sue president over laws": The Associated Press has this report, which states that "Once litigated in district court, any appeals would be decided by the U.S. Supreme Court." The article goes on to say that the proposed legislation has no chance whatsoever of becoming law.
Posted at 05:53 PM by Howard Bashman


"Clarence Thomas Talks": UVA Today has this report.
Posted at 05:51 PM by Howard Bashman


"Sonia Sotomayor: The sincere Supreme Court Justice charms a capacity crowd at Everybody Reads." The Oregonian has this report.
Posted at 05:10 PM by Howard Bashman


"Gun rights plea denied": Lyle Denniston has this updated post at "SCOTUSblog."
Posted at 05:07 PM by Howard Bashman


"Calif. city torn by multiple fights over public crosses": Religion News Service has this report.
Posted at 03:46 PM by Howard Bashman


"3d Circuit Judge to retire!" Today at the "Southern California Appellate News" blog, Ben Shatz has this post noting that Santa Barbara, California-based Senior Third Circuit Judge Ruggero J. Aldisert has announced plans to retire entirely from the federal judiciary this August.
Posted at 03:32 PM by Howard Bashman


"Writing Better, Attention-Grabbing Appellate Briefs": This month's installment of my "Upon Further Review" column appeared in yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 02:40 PM by Howard Bashman


"Can the U.S. Government Declare a State Constitution 'Un-Republican'? A lawsuit challenging Colorado's Taxpayer Bill of Rights raises uncomfortable questions about federalism and the Constitution's Guaranty Clause." Law professor Garrett Epps has this essay online today at The Atlantic.

My earlier coverage of last Friday's Tenth Circuit ruling appears at this link.
Posted at 01:46 PM by Howard Bashman



"The defendants' appeal brief is a gaunt, pathetic document," and for good measure the Seventh Circuit in this civil case directs "the district court to determine whether the defendants should be jailed": Circuit Judge Richard A. Posner delivered this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

The audio from the oral argument of this appeal, which occurred less than a month ago, can be accessed via this link.
Posted at 01:36 PM by Howard Bashman



"Senate confirms first Utah woman to 10th Circuit Court bench": Thomas Burr of The Salt Lake Tribune has this news update.

You can view the U.S. Senate's official roll call tally at this link.
Posted at 11:44 AM by Howard Bashman



"Judge upholds Missouri limit on funeral protests": The Associated Press has a report that begins, "A federal judge has upheld a Missouri law requiring protesters to stay at least a football-field length away from funeral sites, beginning an hour before they start until an hour after the services end."

I have posted online at this link Monday's ruling of the U.S. District Court for the Western District of Missouri in Phelps-Roper v. Nixon.
Posted at 08:20 AM by Howard Bashman







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