How Appealing



Monday, May 16, 2016

“What Does the Supreme Court Think About Celebrities Being Photoshopped Naked? Yes, that question could come up if the high court agrees to the NCAA’s petition to review its dispute with athletes over compensation. “ Eriq Gardner has this post today at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 8:27 PM by Howard Bashman



“Scandals Embroil Alabama Governor, Speaker and Chief Justice”: Campbell Robertson will have this article in Tuesday’s edition of The New York Times.

Posted at 8:12 PM by Howard Bashman



“House Challenge to Health Law Could Raise Premiums, Administration Says”: Robert Pear will have this article in Tuesday’s edition of The New York Times.

Posted at 8:09 PM by Howard Bashman



“Supreme Court Can’t Make Up Its Mind In Religious Challenge To Obamacare; Zubik v. Burwell is one of the most closely watched cases of this term”: Cristian Farias of The Huffington Post has this report.

Irin Carmon of msnbc.com has an article headlined “Behind Supreme Court’s non-decision on contraception, one man waffles.”

Chris Geidner of BuzzFeed News reports that “Supreme Court Punts On Contraception Mandate Religious Accommodation Question; Sending the cases back to lower courts for further consideration, the Supreme Court states that it ‘expresses no view on the merits’ of the religious liberty challenges.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: A compromise, with real impact, on birth control.”

And in commentary, online at The Atlantic, law professor Garrett Epps has an essay titled “The U.S. Supreme Court’s Nonsense Ruling in Zubik: The challenge from religious non-profits to Obamacare’s contraceptive mandate got sent back down to the lower courts, creating a lot of uncertainty.”

Posted at 5:27 PM by Howard Bashman



“Brace for more class action challenges post-Spokeo”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:11 PM by Howard Bashman



“Without Scalia, Justices Takes Small Steps — or No Steps at All; In opinions and orders, justices tread lightly on an 8-member high court”: Brent Kendall has this post today at WSJ.com’s “Law Blog.”

Posted at 5:02 PM by Howard Bashman



“Obama Says Republican Concerns About Trump Means His Supreme Court Pick Should Get A Vote”: Chris Geidner of BuzzFeed News has this report. You can view Geidner’s interview with President Obama earlier this afternoon via this YouTube link.

In other coverage, Gregory Korte of USA Today has an article headlined “Obama: Trump shouldn’t make Supreme Court pick.”

The Associated Press reports that “Obama says Senate obligated to vote on Supreme Court nominee.”

And Josh Gerstein of Politico.com has an article headlined “Obama: Likely Trump nomination a reason to vote on Garland.”

Posted at 4:26 PM by Howard Bashman



“Justices, Seeking Compromise, Return Contraception Case to Lower Courts”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court sends Obamacare contraception case back to lower courts.”

David G. Savage of The Los Angeles Times reports that “Supreme Court clears the way to free birth control for women with religious employers.”

Tom Howell Jr. of The Washington Times reports that “Supreme Court rejects Obama’s birth control plan, sends case to lower courts.”

Jonathan D. Silver of The Pittsburgh Post-Gazette reports that “U.S. Supreme Court vacates, remands Zubik case on contraceptive care.”

Brian Bowling of The Pittsburgh Tribune-Review reports that “Supreme Court orders do-over in contraceptive services challenges.”

Ariane de Vogue of CNN.com reports that “Supreme Court sends Obamacare case back to lower court.”

And Jennifer Haberkorn of Politico.com reports that “Supreme Court asks for Obamacare birth control compromise.”

Posted at 1:16 PM by Howard Bashman



“SCOTUS won’t review precedent key to transgender ruling”: Josh Gerstein of Politico.com has a blog post that begins, “The Supreme Court announced Monday, over the dissent of one conservative justice, that it will not review a legal precedent key to an appeals court ruling last month requiring public schools to allow transgender students to use bathrooms corresponding to their gender identity.”

Posted at 1:07 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in five argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, No. 14-1132. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.

2. Justice Sotomayor delivered the opinion of the Court in Husky Int’l Electronics, Inc. v. Ritz, No.15-145. Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Spokeo, Inc. v. Robins, No. 13-1339. Justice Thomas issued a concurring opinion. And Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justice Sotomayor joined. You can access the oral argument via this link.

4. Justice Ginsburg delivered the opinion for a unanimous Court in Sheriff v. Gillie, No. 15-338. You can access the oral argument via this link.

5. And the Court issued a per curiam decision in Zubik v. Burwell, No. 14-1418. Justice Sotomayor issued a concurring opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

In early news coverage, Richard Wolf of USA Today reports that “Supreme Court sends ‘contraceptive mandate’ cases back to lower courts.”

Lawrence Hurley of Reuters reports that “U.S. top court sidesteps major ruling on Obamacare contraception coverage” and “U.S. top court hands win to Spokeo in class action case.”

Greg Stohr of Bloomberg News reports that “Obamacare Contraceptive Case Produces Supreme Court Compromise.”

And The Associated Press reports that “Supreme Court avoids major ruling in birth control dispute” and “High court says investor lawsuit can remain in state court.”

Posted at 10:04 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases but called for the views of the Solicitor General in two related cases.

In Kernan v. Hinojosa, No.15-833, the Court issued a per curiam summary reversal of the judgment of the U.S. Court of Appeals for the Ninth Circuit. Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined.

And in United Student Aid Funds, Inc. v. Bible, No. 15-861, Justice Clarence Thomas issued a dissent from the denial of certiorari.

In early news coverage, The Associated Press has reports headlined “Get off my lawn: Supreme Court rejects plaza protest appeal“; “Justices turn down Philip Morris appeal of $25M judgment“; “Justices won’t touch $236M verdict in Exxon Mobil pollution“; “Justices refuse appeal in Arab-American festival dispute“; and “Justices reject appeal from parishioners of closed church.”

Lawrence Hurley of Reuters reports that “U.S. justices reject challenge to protest ban on Supreme Court plaza.”

And Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Won’t Open Its Grounds to Demonstrations.”

Posted at 9:38 AM by Howard Bashman



“Why the Senate Doesn’t Have to Act on Merrick Garland’s Nomination: The Constitution doesn’t require the chamber to hold hearings or a vote.” Law professor Michael D. Ramsey has this essay online at The Atlantic.

Posted at 8:27 AM by Howard Bashman



“Obama To Discuss Supreme Court Nominee Live With BuzzFeed News Today; Legal Editor Chris Geidner will interview the president from the Roosevelt Room in the White House”: Chris Geidner of BuzzFeed News has this report.

Posted at 8:22 AM by Howard Bashman



“Stevens says Supreme Court decision on voter ID was correct, but maybe not right”: Robert Barnes has this article in today’s edition of The Washington Post.

Posted at 8:12 AM by Howard Bashman



“For Juvenile Lifers, Wheels of Justice Grind Slow”: Kenneth Jost has this post at his blog, “Jost on Justice.”

Posted at 8:09 AM by Howard Bashman



“Memory Lane: As we wait for the Supreme Court to hand down its big decisions, we listen back to a few highlights from this term.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick with her guests, Tony Mauro and Josh Gerstein.

Posted at 8:02 AM by Howard Bashman