How Appealing

Monday, March 21, 2011

Programming note: Early Tuesday morning, I will be meeting with co-counsel in connection with an oral argument that I will be presenting on Wednesday morning to a three-judge panel of the Superior Court of Pennsylvania.

At 10 a.m. eastern time Tuesday, the U.S. Supreme Court is scheduled to issue one or more decisions in argued cases. You can access the new opinions via this link once the Court posts them online.

In addition, "SCOTUSblog" is likely to offer prompt coverage of today's opinions.

Additional posts will appear here later Tuesday morning.
Posted at 11:05 PM by Howard Bashman



"Court to Hear Case Stalled by Mistake in Mailroom": Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court says no to campaign finance review, yes to death row inmate appeal."

And Bill Mears of CNN.com reports that "Justices to weigh whether inmate should die after mailroom snafu."
Posted at 10:40 PM by Howard Bashman



"Supreme Court Decides -- Narrowly -- Against Hearing Enviro Search Case": Lawrence Hurley of Greenwire has this report.
Posted at 10:26 PM by Howard Bashman


"Eight women, four men picked for Bonds jury": The Associated Press has this report.
Posted at 10:23 PM by Howard Bashman


"For Law Students With Everything, Dog Therapy for Stress": This article will appear Tuesday in The New York Times.
Posted at 10:22 PM by Howard Bashman


"Judge Bruce Zager prepares for move to Iowa Supreme Court": The Waterloo-Cedar Falls Courier has this news update.
Posted at 10:20 PM by Howard Bashman


"Court asked to find mental retardation burden unconstitutional": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "A lawyer for a convicted killer said Georgia should no longer be the only state in the country that sets the highest legal threshold possible for death-penalty defendants who raise mental retardation claims."
Posted at 10:18 PM by Howard Bashman


In the March 2011 issue of the Harvard Law Review: Law professor Bert I. Huang has an article titled "Lightened Scrutiny." The article presents "empirical evidence suggesting a causal link between judicial burdens and the outcomes of appeals."

And a Note is titled "From Consensus to Collegiality: The Origins of the 'Respectful' Dissent."
Posted at 10:07 PM by Howard Bashman



"Supreme Court restores California rape conviction, rebukes appeals court; The justices rebuke the 9th Circuit Court of Appeals for overturning Steven Jackson's conviction; Hinting at irritation, the high court calls the earlier opinion 'inexplicable'": David G. Savage of The Los Angeles Times has this news update.

And Bob Egelko of The San Francisco Chronicle has a news update headlined "Rape case: Court tosses 9th Circuit racism ruling."
Posted at 09:08 PM by Howard Bashman



"Argument recap: Selling complexity; The Court explores a professor's complex argument to protect the integrity of the Court's Fourth Amendment precedents." Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:04 PM by Howard Bashman


"Once in the Public's Hands, Now Back in Picasso's": Adam Liptak will have this new installment of his Sidebar column in Tuesday's edition of The New York Times.
Posted at 09:02 PM by Howard Bashman


Ninth Circuit denies rehearing en banc in case involving federal Stolen Valor Act, spawning interesting concurrences and dissents: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, the concurrences thereto, and the dissents therefrom at this link.

A total of seven judges noted their dissent from the denial of rehearing en banc. And Chief Judge Alex Kozinski has written a characteristically entertaining opinion concurring in the denial of rehearing en banc.
Posted at 01:56 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in Davis v. United States, No. 09-11328: Law professor Orin S. Kerr of "The Volokh Conspiracy" argued the case for the petitioner. You can access the transcript at this link. The oral argument audio is scheduled for public release this Friday afternoon.
Posted at 01:46 PM by Howard Bashman


"Judge Clark embodied the law": Fifth Circuit Judge Leslie H. Southwick had this op-ed in last Thursday's edition of The Clarion-Ledger of Jackson, Mississippi.
Posted at 12:20 PM by Howard Bashman


"Barry Bonds steroid case goes to trial; The former Giants slugger is accused of lying when he denied using performance-enhancing drugs": Maura Dolan has this article today in The Los Angeles Times.

Today's edition of The New York Times contains an article headlined "All-Star Teams in Bonds Case: The Lawyers."

The Wall Street Journal reports that "Home-Run King Goes on Trial; Barry Bonds's Perjury and Obstruction Case Stems From Sports-Doping Probe."

USA Today reports that "Bonds trial begins, putting steroid era back in spotlight."

The Associated Press reports that "Barry Bonds perjury trial gets under way."

And Howard Mintz of The San Jose Mercury news is posting his live dispatches from the trial at this link.
Posted at 12:15 PM by Howard Bashman



"Appeals court in NYC reinstates wiretaps lawsuit": The Associated Press has a report that begins, "A federal appeals court in New York City has reinstated a lawsuit challenging a law that lets the United States eavesdrop on overseas conversations."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:50 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review today in two new cases and requested the views of the Solicitor General's office in one case.

The Court today also issued a unanimous per curiam opinion in Felkner v. Jackson, No. 10-797, reversing a decision of the U.S. Court of Appeals for the Ninth Circuit.

And in Huber v. New Jersey Dept. of Environmental Protection, No. 10-388, Justice Samuel A. Alito, Jr. issued a statement respecting the denial of certiorari, in which the Chief Justice and Justices Antonin Scalia and Clarence Thomas joined.

In early news coverage, The Associated Press has reports headlined "Court: Can man be executed after paperwork mix-up?"; "Court: Can officials be sued for false testimony?"; "Court won't stop Fed from revealing loan data"; and "Court won't get involved in Eminem royalty suit."
Posted at 10:03 AM by Howard Bashman



"Marina may sink or swim with final appeal": This article appears today in The Stockton (Cal.) Record.

And Pacific Legal Foundation has issued a news release headlined "Businessman petitions to Supreme Court as feds sink his Stockton marina project."
Posted at 09:02 AM by Howard Bashman



"Abortion battles spring up nationwide as states test the limits of Roe v. Wade": CBSNews.com has this report.
Posted at 08:55 AM by Howard Bashman






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