How Appealing

Wednesday, June 13, 2012

"U.S. urges narrowing human rights claims": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:08 PM by Howard Bashman

"Obama's Health-Care Opportunity: If his reform is struck down, he can pivot to the center and reclaim some of the aura of 2008." In Thursday's edition of The Wall Street Journal, Karl Rove will have an op-ed that begins, "As the Supreme Court gets ready to announce whether President Barack Obama's heath-care reform is constitutional, some Democrats hope it strikes down the law. They believe bad news for ObamaCare is good political news for Mr. Obama."
Posted at 10:06 PM by Howard Bashman

"Sole Remaining Circuit Vacancy Open Eight Years": Pamela A. MacLean has this post today at her "Trial Insider" blog.
Posted at 10:00 PM by Howard Bashman

"Retired Judge Joins Fight Against DOJ's 'Outrageous' Seizures in Megaupload Case": David Kravets has this post at's "Threat Level" blog.
Posted at 07:46 PM by Howard Bashman

"Fashion worlds clash at Guantanamo court; Newly unsealed documents reveal details of a dispute over what the men accused of planning the 9/11 attacks wanted to wear to the war court last month": Carol Rosenberg of The Miami Herald has this news update.
Posted at 04:50 PM by Howard Bashman

"An unprecedented discussion of the health care law": Attorney Robert N. Weiner has this essay online at The National Law Journal.
Posted at 03:22 PM by Howard Bashman

"Grassley Chides Kyl in Dispute Over Judge; Rare intraparty rebuke comes over vote on appellate nominee's confirmation vote": National Journal has this report.

And Roll Call reports that "Chuck Grassley Voices Anger Over Voice Vote on Nominee."
Posted at 02:50 PM by Howard Bashman

"The Once-and-for-All Solution to Our Campaign Finance Problems: How citizens can unite to undo Citizens United." Law professor Laurence H. Tribe (currently misidentified in the Slate piece linked below as having the middle initial "W.") has this essay online at Slate.
Posted at 02:46 PM by Howard Bashman

"Miami filmmaker's tweets won't result in new robbery trial, judge rules; Convicted robber Angelo Williams had claimed that his trial was tainted because Billy Corben, the jury foreperson, sent out social media messages; The judge disagreed": The Miami Herald has this news update.

On a somewhat related note, you can use Twitter to be notified about new blog posts here at "How Appealing" by signing up to follow @howappealing.
Posted at 02:41 PM by Howard Bashman

"Overturning Obamacare Would Be a Constitutional Blunder": Law professor Samuel Estreicher has this essay today in the New York Law Journal.
Posted at 02:03 PM by Howard Bashman

Ninth Circuit rejects constitutional challenge to California laws that prohibit licensed opticians from offering prescription eyewear at the same location where eye examinations are provided: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit, affirming the rejection of plaintiffs' dormant Commerce Clause challenge, at this link.
Posted at 01:55 PM by Howard Bashman

Another victory -- this time written by his former boss -- for "class action avenger" Ted Frank: Chief Judge Frank H. Easterbrook issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

In early coverage,'s "Law Blog" has a post titled "Seventh Circuit Slams Plaintiffs' Lawyers in Sears Lawsuit."
Posted at 01:18 PM by Howard Bashman

"Appellate Lawyer of the Week: Anthony Johnstone." In case you missed it (as I did until moments ago), a few weeks ago, Marcia Coyle of The National Law Journal had an article that begins, "In 2009, Anthony Johnstone and his home state of Montana played supporting roles in the legal drama surrounding the Citizens United campaign finance challenge. Today, the law professor and state officials stand center stage in a fight to save Montana's law in the wake of the Supreme Court's decision."
Posted at 01:02 PM by Howard Bashman

"'Citizens United' Bounces Back to Supreme Court": Ariane de Vogue of ABC News has this blog post.
Posted at 12:06 PM by Howard Bashman

"Sept. 11 defendant wants uniform for Gitmo trial": The Associated Press has a report that begins, "The man who has called himself the 'mastermind' of the Sept. 11 attacks wants to wear military-style clothing at his upcoming war crimes trial in Guantanamo."
Posted at 12:04 PM by Howard Bashman

"Sen. Grassley demands re-vote on 9th Circuit judge nomination": The Hill has a report that begins, "Senate Judiciary Committee ranking member Charles Grassley (R-Iowa) late Tuesday demanded that the Senate vote again on the confirmation of Andrew Hurwitz to be a U.S. Circuit Judge for the 9th Circuit, and said he was not aware that Senate Democrats were planning to ask for a speedy voice vote on the nomination."
Posted at 11:12 AM by Howard Bashman

"Ariz. gov. orders training ahead of court decision": The Associated Press has a report that begins, "Arizona's governor on Tuesday ordered a state board to redistribute a training video on the state's controversial immigration law to all law enforcement agencies. The move comes ahead of an expected ruling from the U.S. Supreme Court this month on the law, which was signed by Gov. Jan Brewer in 2010."

And in local coverage, The Arizona Republic reports today that "Brewer wants law enforcement ready for SB 1070 ruling."
Posted at 09:30 AM by Howard Bashman

"Justices may take up Montana campaign finance case addressing two-track system; Citizens United and an appeals court ruling created a two-track campaign funding system favoring the wealthy; Now the Supreme Court is being asked to hear a Montana case to address some of the issues": David G. Savage and Melanie Mason have this article today in The Los Angeles Times.
Posted at 09:25 AM by Howard Bashman

Will Rhymes for food: In the category of better late than never, the current issue of the Pennsylvania judiciary's newsletter has brought to my attention that Pennsylvania's rhyming Justice, J. Michael Eakin, had a wonderful essay late last year published online at Jurist titled "The Necessity of Clarity and Brevity in Legal Writing."

Justice Eakin's essay begins, "Writing skills have fallen victim to texting, email shorthand and the acronyms of social media. Spellcheck and automatic grammatical suggestions make us lazy writers. All of this, btw, may be fine for your bff, but it is not so good in court. LOL. Particularly in the appellate world, writing is what matters most."
Posted at 09:22 AM by Howard Bashman

"Richmond legal leaders back gay prosecutor for judgeship": Jim Nolan has this article today in The Richmond Times-Dispatch.

And The Washington Post reports today that "Leaders of Richmond law firms support judgeship for gay prosecutor."
Posted at 07:28 AM by Howard Bashman

"Obama's Gay Marriage Contradiction: The president's constitutional logic implies that state bans must be overturned." Jacob Sullum has this essay online at Reason.
Posted at 07:22 AM by Howard Bashman

"Supreme Court health law decision could be trouble for GOP": The Hill has a report that begins, "The Supreme Court's landmark healthcare ruling will pose a big test for Republicans, even if the court strikes down all or part of President Obama's healthcare law."
Posted at 07:21 AM by Howard Bashman

"Supreme Court Immigration Ruling Resonates 30 Years Later": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 07:20 AM by Howard Bashman

"Senate confirms Arizona Justice Andrew Hurwitz to 9th Circuit": This article appears today in The Arizona Republic.

In today's edition of The Arizona Daily Star, Howard Fischer reports that "Hurwitz confirmed as US judge, leaving AZ high-court vacancy."

And The Los Angeles Times reports that "Over GOP protests, Senate confirms Obama appointee to 9th Circuit."
Posted at 07:18 AM by Howard Bashman

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