How Appealing

Friday, March 27, 2015

"Is Advice Given Over The Internet Free Speech? Texas Veterinarian Heads to Federal Appellate Court Tomorrow With One Of First Amendment's Most Important Unanswered Questions." The Institute for Justice issued this news release earlier this year.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling rejecting a Texas-licensed veterinarian's First and Fourteenth Amendment challenges to certain aspects of Texas law regulating the practice of veterinary medicine.
Posted at 11:57 PM by Howard Bashman

"Catholics on Left and Right Find Common Ground Opposing Death Penalty": Mark Oppenheimer will have this Beliefs column in Saturday's edition of The New York Times.
Posted at 11:26 PM by Howard Bashman

"Diplomatic Assurances, Torture, and Judicial Review: The Bimenyimana Appeal." Today at "Just Security," Steve Vladeck has a blog post that begins, "Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the past seven years (if not longer)."
Posted at 11:23 PM by Howard Bashman

"Gridlock and Purposivism in Statutory Interpretation": Today at "Dorf on Law," Michael Dorf has a post that begins, "On Monday, Justice Kennedy sent the blawgosphere into a bit of a tizzy when, in the course of testifying before the House Appropriations Committee, he answered a question about statutory interpretation."
Posted at 11:18 PM by Howard Bashman

"Colorado officials defend marijuana legalization at U.S. Supreme Court": John Ingold of The Denver Post has this news update.

And Reuters reports that "Colorado urges U.S. Supreme Court to dismiss interstate pot lawsuit."

You can view at this link the brief in opposition that Colorado filed today in the U.S. Supreme Court.
Posted at 11:08 PM by Howard Bashman

"Scalia Fan Fiction: The lovable grouch is a lie." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:58 PM by Howard Bashman

"Makers of Generic Drugs Challenge F.D.A. Plan for Updated Warnings": In Saturday's edition of The New York Times, Sabrina Tavernise will have an article that begins, "The pharmaceutical industry mounted a new challenge on Friday to a federal plan that would require generic drug companies to take the initiative to update their labels to warn consumers whenever health risks were discovered, a shift that would expose the companies to legal liability."
Posted at 10:14 PM by Howard Bashman

"Absurd Fourth Circuit ruling embodies everything that's wrong with drug raids": Radley Balko has this blog post today at "The Watch" blog of The Washington Post.

You can access at this link the unpublished opinion of the U.S. Court of Appeals for the Fourth Circuit that is the subject of Balko's post.
Posted at 10:02 PM by Howard Bashman

"Indiana Law Denounced as Invitation to Discriminate Against Gays": Michael Barbaro and Erik Eckholm will have this article in Saturday's edition of The New York Times.

And Tim Evans of The Indianapolis Star has an article headlined "Why were 'religious freedom' supporters mostly silent."
Posted at 09:52 PM by Howard Bashman

"Review: 'The Originalist,' About Scalia, Opens in Washington." Charles Isherwood will have this theater review in Saturday's edition of The New York Times.
Posted at 09:28 PM by Howard Bashman

"Amanda Knox Acquitted of 2007 Murder by Italy's Highest Court": The New York Times has this news update.
Posted at 06:00 PM by Howard Bashman

"A Tip From The Justices on Writing: Keep it Simple; An extraordinary disciplinary action concludes with an admonition to stick to 'plain terms' in briefs." Tony Mauro of The National Law Journal has this report.

You can freely access the full text of the article via Google News.
Posted at 05:22 PM by Howard Bashman

"Court upholds conviction of woman in Rwanda genocide case": The Associated Press has this report.

My earlier coverage of Wednesday's First Circuit ruling can be accessed here.
Posted at 04:37 PM by Howard Bashman

"With gay marriage case pending, religion bills gain ground": The Associated Press has a report that begins, "With the nation's highest court set to hear arguments next month over the constitutionality of same-sex marriage bans, legislation is advancing in several states that critics say gives businesses license to deny services to gays and lesbians on religious grounds."
Posted at 04:07 PM by Howard Bashman

"States defend gay marriage bans as democratic actions": Richard Wolf of USA Today has an article that begins, "The four states seeking to maintain bans against same-sex marriage told the Supreme Court Friday that the democratic process should decide the issue, not judicial dictate."
Posted at 04:05 PM by Howard Bashman

"Court: Obligation to Make Sense May Not Be Delegated to Client." Kevin Underhill had this post Tuesday at "Lowering the Bar."
Posted at 04:00 PM by Howard Bashman

"DeWine defends state's ban on same-sex marriage": Jack Torry of The Columbus Dispatch has this news update.

And Chris Geidner of BuzzFeed reports that "Four States Set To Defend Marriage Bans At The Supreme Court."

Via The Washington Blade, you can access at this link a copy of Ohio's merits brief filed today in the U.S. Supreme Court.

And Michigan's merits brief can be accessed here.

Update: Also now available online are the merits briefs of Kentucky and Tennessee.
Posted at 03:11 PM by Howard Bashman

"Harry Reid Saved Obamacare -- but at a Price That Could Still Kill It; The Senate leader rescued the bill when it looked doomed; But the messy legislative process gave its opponents new life in court": Dylan Scott has this article online today at National Journal.
Posted at 03:06 PM by Howard Bashman

"Campaign Money Tests Wisconsin Justices' Impartiality": Monica Davey will have this article in Saturday's edition of The New York Times.
Posted at 03:04 PM by Howard Bashman

"In The Originalist, Theater Tries to Interpret Antonin Scalia: Jeffrey Rosen and Garrett Epps discuss a new play by John Strand, whose hero is the longest-serving justice currently on the Supreme Court." Jeffrey Rosen and Garrett Epps have this essay online at The Atlantic.
Posted at 03:00 PM by Howard Bashman

In today's mail: U.S. Senator Mike Lee's (R-UT) new book, "Our Lost Constitution: The Willful Subversion of America's Founding Document." The book's official on-sale date is April 7, 2015.
Posted at 02:33 PM by Howard Bashman

"Chief Justice Roberts to visit Japan after term ends": Robert Barnes of The Washington Post has this report.
Posted at 01:44 PM by Howard Bashman

"How Harry Reid Changed the Federal Courts": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 01:42 PM by Howard Bashman

"Argument preview: Mental disability and death sentencing." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:40 PM by Howard Bashman

"Ottawa free to destroy Quebec's gun-registry data, top court rules": Sean Fine of The Toronto Globe and Mail has a news update that begins, "The federal government has the right to destroy Quebec records in the now-abolished federal gun registry, the Supreme Court ruled 5-4 Friday morning -- with all three Quebec judges in the minority."

And in related coverage, The Montreal Gazette has a news update headlined "Quebec says it will move ahead with its own long-gun registry."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 01:33 PM by Howard Bashman

"He then hired his current attorney, Scott Yu": The U.S. Court of Appeals for the Seventh Circuit today issued its ruling in a case captioned Shaohua He v. Eric H. Holder, Jr.

A petitioner with the last name He causes the Seventh Circuit's ruling to contain some interesting factual exposition:

He testified that he entered the United States in 2007 in circuitous fashion through Indonesia and Canada before arriving in New York. He came to Chicago a year later, he said, to retain an attorney to apply for asylum based on mistreatment . . . .
Eventually, as the excerpt from the opinion quoted in the title of this post explains, He hired Yu to serve as his attorney.

Although today's ruling somehow avoids turning into an Abbott & Costello routine, before concluding the decision not only rules against He but also contains some bad news for Yu.
Posted at 01:16 PM by Howard Bashman

Second Circuit rejects federal preemption and constitutional challenges to state Wage Parity Law, requiring that New York City-area home health care aides receive a so-called "living wage": You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:02 PM by Howard Bashman

"Supreme Court Cases on EPA Emissions Regulations: Jeremy Jacobs talked about three consolidated cases heard before the Supreme Court to decide whether the Environmental Protection Agency violated the Clean Air Act by requiring power plants to meet strict emissions standards." C-SPAN has posted online this video segment from today's broadcast of "Washington Journal."
Posted at 12:52 PM by Howard Bashman

"Moore, Nelson Named to Board of Overseers Leadership": The Harvard Crimson has an article that begins, "Karen Nelson Moore '70, a federal judge on the U.S. Court of Appeals for the Sixth Circuit, will lead the Harvard Board of Overseers -- the University's second-highest governing body -- as its new president for the 2015-2016 academic year, the University announced on Thursday."

And the Harvard Gazette reports that "Karen Moore to lead Board of Overseers; Diana Nelson will become vice chair of executive committee."

You can access a list of the people serving on Harvard University's Board of Overseers at this link.
Posted at 11:09 AM by Howard Bashman

"'Terrified' Fed. Circ. Will Follow High Court, Michel Says": Ryan Davis of has this report (via Orin Kerr).
Posted at 11:03 AM by Howard Bashman

"The Originalist Q&A with playwright John Strand": Kali Borkoski has this post at "SCOTUSblog."
Posted at 09:21 AM by Howard Bashman

"How anti-abortion 'Heartbeat Bill' passed Ohio House": The Cincinnati Enquirer has this report.
Posted at 09:16 AM by Howard Bashman

"Billion-dollar Oxycontin verdict rests on disputed missed deadline": The Associated Press has this report.
Posted at 09:12 AM by Howard Bashman

"The Man Who Brought Obamacare Back to the Supreme Court: CEI's Lawson Bader on King v. Burwell." ReasonTV has posted the video of this interview online at YouTube.
Posted at 09:06 AM by Howard Bashman

"Kris Kobach asks U.S. Supreme Court to restore his proof-of-citizenship law": The Wichita Eagle has an article that begins, "Kansas Secretary of State Kris Kobach is asking the U.S. Supreme Court to overturn an appeals court decision and restore a state law he wrote requiring proof-of-citizenship documents to register to vote."
Posted at 09:04 AM by Howard Bashman

"Lawmakers showing contempt for courts": This editorial appears in today's edition of The Wichita Eagle.
Posted at 08:54 AM by Howard Bashman

"Lens on Stays Pending Appeal": At the "Civil Procedure & Federal Courts Blog," Adam Steinman has this post discussing an article that law professor Jill Wieber Lens has posted online at SSRN titled "Stays Pending Appeal: Why the Merits Should Not Matter."
Posted at 08:50 AM by Howard Bashman

"Michelle Obama, Race and the Ivy League: The education of a future First Lady." Peter Slevin of Politico Magazine has an article that begins, "In 1988, a group of black students at Harvard Law School compiled a report designed to recognize the growing achievements of black students on campus and share their wisdom with newcomers."
Posted at 08:45 AM by Howard Bashman

"U.S. Barred From Enforcing Same-Sex Family Leave Benefit": Margaret Cronin Fisk and Tom Korosec of Bloomberg News have a report that begins, "The U.S. was barred by a federal judge from immediately enforcing a new rule that would grant Family and Medical Leave Act benefits to same-sex couples."

My earlier coverage of yesterday's ruling can be accessed here.
Posted at 08:44 AM by Howard Bashman

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