How Appealing



Tuesday, May 17, 2011

“Judicial Review Under Review: Should the legal arguments over Obama’s health care law force us to reconsider the role of the courts?” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 6:00 PM by Howard Bashman



“Democrats May Push to Confirm Appeals Court Nominee Goodwin Liu”: David Ingram has this post at “The BLT: The Blog of Legal Times.”

Posted at 5:20 PM by Howard Bashman



“Court: Websites stiffed Atlanta on hotel taxes.” Today in The Atlanta Journal-Constitution, Bill Rankin and Leon Stafford have an article that begins, “Online travel companies that book hotel rooms in Atlanta must pay more in occupancy taxes, the Georgia Supreme Court ruled Monday, in a decision expected to generate millions of dollars in revenue for the city.”

You can access yesterday’s ruling of the Supreme Court of Georgia at this link.

Posted at 3:46 PM by Howard Bashman



“Carving out class-action exceptions: Because a recent Supreme Court decision on a class-action suit involved a federal statute, not the Constitution, Congress can — and should — overrule the court.” This editorial appears today in The Los Angeles Times.

Posted at 3:42 PM by Howard Bashman



“Search Allowed if Police Hear Evidence Being Destroyed”: Adam Liptak has this article today in The New York Times.

In today’s edition of The Washington Post, Robert Barnes reports that “Supreme Court affirms police action in Kentucky drug case.”

David G. Savage of The Los Angeles Times reports that “Supreme Court gives police leeway in home searches; Officers may break in if they hear sounds and suspect that evidence is being destroyed, the justices say in an 8-1 decision; Justice Ginsburg dissents.”

Joan Biskupic of USA Today reports that “Justices OK some warrantless searches.”

And Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court: No warrant needed if police discern destruction of evidence; The Supreme Court ruled 8 to 1 on a Kentucky case in which police broke into an apartment after smelling marijuana and hearing sounds suggesting evidence was being destroyed.”

Posted at 3:40 PM by Howard Bashman



“Owners Win Delay in Case, Keeping N.F.L. Shut”: This article appears today in The New York Times.

The Washington Post reports today that “Appeals court allows NFL lockout to continue.”

And The Los Angeles Times reports that “NFL owners win legal round as appellate court grants stay for lockout; League can keep lockout until at least June 3, as court says it proved it ‘likely will suffer some degree of irreparable harm without a stay’; Owners’ legal win comes after several losses to players.”

My earlier coverage of yesterday’s Eighth Circuit stay ruling appears at this link.

Posted at 3:30 PM by Howard Bashman



“Carney Confirmed as Leahy Cites Delays in Senate Process”: At the “Main Justice” blog, David Stout has a post that begins, “Susan L. Carney of Connecticut, currently the deputy general counsel for Yale University, was confirmed as a judge for the U.S. Court of Appeals for the 2nd Circuit by the Senate on Tuesday after waiting a year for a vote because of feuding between Democrats and Republicans.”

And at “The BLT: The Blog of Legal Times,” David Ingram has a post titled “Senators Debate Whether GCs Can Be Judges.”

Posted at 2:01 PM by Howard Bashman



“California court rules lawyer cannot oppose former client”: Thomson Reuters News and Insight has an article that begins, “The California Supreme Court ruled on Monday that a lawyer’s free speech rights do not allow him to publicly oppose the interests of a former client.”

You can access yesterday’s ruling of the Supreme Court of California at this link.

Posted at 11:11 AM by Howard Bashman



Dancing days are here again: Except inside the Jefferson Memorial. According to a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today, “The heart of Oberwetter’s complaint is her claim that the First Amendment protects her right to engage in silent expressive dancing inside the Jefferson Memorial.”

The appellate court rejected that claimed First Amendment right in its ruling issued today. Nevertheless, the court recognized that “[o]utside the Jefferson Memorial, of course, Oberwetter and her friends have always been free to dance to their hearts’ content.”

Posted at 10:35 AM by Howard Bashman



“Justice Kagan ‘at home’ in addressing bar association at Pfister”: This article appears today in The Milwaukee Journal Sentinel.

Posted at 10:12 AM by Howard Bashman



“Loughner’s Mental Competence Is Doubted”: Today’s edition of The Wall Street Journal contains an article that begins, “Two federal court filings Monday in the criminal case of the man accused in the January shooting of Rep. Gabrielle Giffords and 18 others in Tucson, Ariz., strongly suggest that two health professionals who evaluated his mental state have determined he isn’t competent to stand trial, according to legal experts.”

And The Arizona Republic reports today that “Jared Loughner due in court for mental-competency hearing.”

Posted at 10:00 AM by Howard Bashman



“Lawsuit over party at Texas justice’s house is settled”: The Associated Press has a report that begins, “An alcohol-related lawsuit filed against former Texas Supreme Court Chief Justice Tom Phillips and his wife over a girl’s death has been settled.”

Posted at 9:54 AM by Howard Bashman



“Court rejects appeal of Kamehameha case; The Supreme Court’s refusal ends a lawsuit challenging the schools’ admissions policy”: Ken Kobayashi has this article today in The Honolulu Star-Advertiser.

Posted at 9:46 AM by Howard Bashman



“Supreme Court declines to hear ‘So help me God’ lawsuit; Michael Newdow, whose previous First Amendment challenge sought to strike ‘under God’ from the Pledge of Allegiance, tried to block the use of ‘So help me God’ in the inauguration ceremony”: Warren Richey of The Christian Science Monitor has this report.

Posted at 9:40 AM by Howard Bashman



“Weighing the Place of a Judge in a Club of 600 White Men”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times.

My most recent coverage of this matter appeared in this post from last Thursday.

Posted at 8:10 AM by Howard Bashman