How Appealing



Friday, June 3, 2011

Ninth Circuit grants rehearing en banc to consider constitutional challenge to amendments to the federal Bail Reform Act requiring the defendant to provide a DNA sample as a condition for pre-trial release: You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

The earlier ruling of a divided three-judge Ninth Circuit panel in this case can be accessed here. My earlier coverage of the three-judge panel’s ruling appears at this link.

As Shannon P. Duffy of The Legal Intelligencer has reported, a similar constitutional challenge is now pending before the en banc U.S. Court of Appeals for the Third Circuit. My post collecting news coverage of that en banc rehearing and linking to the oral argument audio can be accessed here.

Posted at 2:34 PM by Howard Bashman



“The regulated activity”: At the “aca litigation blog,” Brad Joondeph has an interesting post that begins, “Much ink has been spilled over whether Congress–using its commerce power alone, or its commerce power in conjunction with the Necessary and Proper Clause–has the authority to regulate ‘inactivity.’ But there is a logically prior question–a question that is often quite tricky in enumerated powers cases–that must be resolved before reaching the inactivity issue. Namely, one has to define exactly what conduct Congress is regulating in the challenged provision.”

Posted at 11:52 AM by Howard Bashman



“TN Supreme Court may shape alimony; Woman who makes $72,000 a year says she deserves award”: This article appears today in The Tennessean.

Posted at 8:20 AM by Howard Bashman



“Airman discharged under ‘don’t ask, don’t tell'”: The Associated Press has a report that begins, “The Air Force has discharged an airman under the law banning gays from serving openly in the military, the first firing since President Barack Obama signed legislation aimed at ending the ban.”

Posted at 8:16 AM by Howard Bashman



“Lawyers will be the stars as NFL labor battle goes back in session; Owners and players turn to star lawyers to argue case in appellate court today”: This article appears today in The Florida Times-Union of Jacksonville.

Today’s edition of USA Today contains an article headlined “Next steps unclear after NFL, players face off in court Friday.”

Wednesday’s edition of The New York Times contained an article headlined “Headed Back to Court, N.F.L. May Gain Clarity.”

ESPN.com has an article headlined “Owners, players at critical juncture; Friday’s court proceedings will be intense and perhaps even productive; here’s a primer.”

SI.com’s “Sports Law” columnist has an essay entitled “What to expect at the NFL hearing.”

And The Associated Press reports that “NFL and players meet, court date next.”

Today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit is scheduled to begin at 10 a.m. central time. You can access the appellate filings via this link. I will provide a link to the oral argument audio once the court posts it online.

Posted at 7:55 AM by Howard Bashman



“About That Precedent”: Today’s edition of The New York Times contains an editorial that begins, “It’s a rare day that a federal judge decides to revisit a decision the week after making it or that the Justice Department apologizes for failing to brief him on the crucial precedent.” The editorial also praises law professor Rick Hasen’s “Election Law Blog.”

Posted at 7:42 AM by Howard Bashman