How Appealing



Monday, March 23, 2015

“Justices’ Foley Warning Shows Attys Must Rein In Clients”: Ryan Davis of Law360.com has an article (subscription required for full access) that begins, “While a Foley & Lardner LLP partner who filed a jargon-filled petition mostly written by a client escaped U.S. Supreme Court sanctions Monday, the justices nonetheless put attorneys on notice that they have a responsibility not to simply rubber-stamp convoluted filings if a client insists, experts say.”

Posted at 11:23 PM by Howard Bashman



“Wal-Mart wants U.S. Supreme Court to overturn Pa. wage case”: Jane M. Von Bergen of The Philadelphia Inquirer has an article that begins, “Wal-Mart has asked the U.S. Supreme Court to overturn a December decision by the Pennsylvania Supreme Court to approve a $151 million class-action award to employees in the state for unpaid wages and damages.”

Posted at 11:14 PM by Howard Bashman



“Justices Look for Reasoning Behind Texas Ban on Confederate License Plate”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Robert Barnes of The Washington Post has an article headlined “Censorship vs. free speech on specialized license plates in Texas.”

David G. Savage of The Los Angeles Times reports that “Justices reluctant to force Texas to issue Confederate license plates.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Grapples With Specialty License Plate Case; A lawyer argued Texas must issue plates showing Confederate battle flag.” You can freely access the full text of the article via Google.

Greg Stohr of Bloomberg News reports that “Confederate-Flag Plate Case Offers Top Court No Easy Answer.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Justices Debate Place Of Offensive Language On License Plates.”

Online at Slate, Mark Joseph Stern has a Supreme Court dispatch titled “Lost Cause: Do devotees of the Confederacy have a First Amendment right to put the rebel battle flag on their license plates?

And online at Bloomberg View, law professor Noah Feldman has an essay titled “Rebel Yells and License Plates.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Walker v. Texas Div., Sons of Confederate Veterans, Inc., No. 14-144.

Posted at 11:04 PM by Howard Bashman



“Wisconsin Decides Not to Enforce Voter ID Law; Supreme Court Deflines to Hear Challenge to Wisconsin Voter ID Law”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Robert Barnes and Mark Berman of The Washington Post report that “Supreme Court lets Wisconsin’s voter-ID law stand.”

Brent Kendall of The Wall Street Journal reports that “Court Won’t Hear Challenge to Wisconsin’s Voter-ID Law; State Republican lawmakers enacted tighter voter requirement in 2011.”

Warren Richey of The Christian Science Monitor reports that “Wisconsin voter ID law survives Supreme Court challenge.”

Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel reports that “U.S. Supreme Court refuses to take up challenge to Wisconsin voter ID law; But law won’t be in effect for April 7 election.”

Eric Bradner of CNN.com reports that “Supreme Court keeps Wisconsin voter ID law in place.”

Greg Stohr of Bloomberg News reports that “Wisconsin Voter-ID Law Stands as Supreme Court Rejects Appeal; The justices give a victory to Republicans, including Wisconsin Governor Scott Walker.”

And Samantha Lachman of The Huffington Post reports that “Supreme Court Won’t Consider Challenge To Wisconsin Voter ID Law.”

Posted at 9:40 PM by Howard Bashman



“Supreme Court weighs S.F. police shooting of mentally ill woman”: Bob Egelko of The San Francisco Chronicle has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court confronts case of mentally ill suspect shot by police.”

And Lyle Denniston of “SCOTUSblog” has a post titled “Argument analysis: Can a really rough start be overcome?

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in City and County of San Francisco v. Sheehan, No. 13-1412.

Posted at 9:18 PM by Howard Bashman



“Ted Cruz, a Smart Conservative With Sharp Elbows”: In Tuesday’s edition of The New York Times, Ashley Parker and Maggie Haberman will have an article that begins, “Back in late 2000, Ted Cruz found himself with one of the hottest tickets in town. As a former clerk to Chief Justice William H. Rehnquist, Mr. Cruz, a junior aide on George W. Bush’s presidential campaign, had scored a seat inside the Supreme Court for the oral arguments in Bush v. Gore, which would decide the election.”

Posted at 4:32 PM by Howard Bashman



“Supreme Court Fiscal Year 2016 Budget: Justices Anthony Kennedy and Stephen Breyer testified on the Supreme Court fiscal year 2014 budget and the federal judiciary system.” Via C-SPAN, you can access the video of this just-concluded video by clicking here.

Posted at 4:23 PM by Howard Bashman



“High Court Dumps 1 Of 3 Pa. Reglan Preemption Petitions”: Dan Packel of Law360.com has an article (subscription required for full access) that begins, “The U.S. Supreme Court said Monday that it would not hear one of three pending petitions seeking review of a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren’t necessarily preempted by federal law.”

Posted at 2:23 PM by Howard Bashman



“Justices frown on state censorship of license plates”: Richard Wolf of USA Today has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court voices skepticism over Confederate license plates.”

Mark Sherman of The Associated Press reports that “Justices struggle with free speech case over license plates.”

Lawrence Hurley of Reuters reports that “U.S. top court wrestles over Confederate flag license plate.”

Michael Lindenberger of The Dallas Morning News has a blog post titled “Supreme Court hears Texas case on rejected Confederate flag license plate.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument analysis: Assuming the answer, up front.”

Posted at 1:09 PM by Howard Bashman



“First Amendment, ‘Patron Saint’ of Protesters, Is Embraced by Corporations”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:00 PM by Howard Bashman



“Justices Scold but Decline to Punish Attorney Who Faced Rare Sanction”: Jacob Gershman has this post today at WSJ.com’s “Law Blog.”

Aebra Coe of Law360.com has an article headlined “High Court Won’t Discipline Foley Atty For Jumbled Petition” (subscription required for full access) that begins, “A Foley & Lardner LLP partner on Monday was freed of a rare sanction threat from the U.S. Supreme Court for filing an impenetrable, jargon-packed petition in a patent suit that the lawyer says was penned largely by his client.”

And at his “Legal Ethics Forum” blog, John Steele has a post titled “SCOTUS declines to discipline Foley lawyer who filed oddly worded petition.”

Posted at 11:47 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases and called for the view of the Solicitor General in four related cases.

In the attorney discipline proceeding captioned In the Matter of Howard Neil Shipley, the Court today issued the following order:

A response having been filed, the Order to Show Cause, dated December 8, 2014, is discharged. All Members of the Bar are reminded, however, that they are responsible — as Officers of the Court — for compliance with the requirement of Supreme Court Rule 14.3 that petitions for certiorari be stated ‘in plain terms,’ and may not delegate that responsibility to the client.

And in Bower v. Texas, No. 14-292, Justice Stephen G. Breyer issued a dissent, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined, from the denial of certiorari.

In early news coverage, The Associated Press reports that “Justices to review sentences for young convicts“; “High court will hear DirecTV appeal over termination fees“; “Justices turn away challenge to Wisconsin voter ID law“; and “Texas man on death row since 1984 loses Supreme Court appeal.”

Lawrence Hurley of Reuters reports that “U.S. top court to hear Louisiana life-without-parole sentencing case“; “U.S. Supreme Court agrees to hear DirecTV arbitration case“; “Supreme Court leaves intact Wisconsin voter identification law“: and “U.S. top court declines to hear Texas death row inmate’s appeal.”

And Richard Wolf of USA Today reports that “Supreme Court lets Wisconsin voter ID law stand.”

Posted at 9:33 AM by Howard Bashman



“The Darkest Timeline: How The New Deal, The Great Society And Obamacare Could Vanish Overnight.” Ian Millhiser has this essay online today at ThinkProgress.

Posted at 9:28 AM by Howard Bashman



“EPA rule on power plant emissions faces formidable hurdle in Supreme Court”: David G. Savage of The Los Angeles Times has this report.

In today’s edition of The Wall Street Journal, Brent Kendall and Amy Harder have an article headlined “Litigation Awaits New EPA Emissions Rules; Power plants and their backers allege agency didn’t consider the cost.” You can freely access the full text of the article via Google.

And today’s edition of The New York Times contains an editorial titled “Clean Air Act and Dirty Coal at the Supreme Court.”

Posted at 8:00 AM by Howard Bashman



“The Rush to Execute Brain-Damaged Inmate”: Kenneth Jost had this post yesterday at his blog, “Jost on Justice.”

Posted at 7:53 AM by Howard Bashman