How Appealing



Wednesday, June 16, 2010

“Should Retired Justices Be Called Back to Supreme Court?” At “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “Sen. Patrick Leahy (D-Vt.) is thinking about proposing legislation that would allow a retired U.S. Supreme Court justice to sit in a case when a current justice has recused — in what would be a major shift in how the Court operates.”

Posted at 5:45 PM by Howard Bashman



The Constitution and Souter: He seems to believe that judges have the last word — rather than our founding document; Let’s hope Kagan feels otherwise.” David B. Rivkin Jr. and Lee A. Casey have this op-ed today in USA Today.

Posted at 4:44 PM by Howard Bashman



“Deans defend Kagan on diversity”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 3:24 PM by Howard Bashman



“We must decide whether the system that Illinois is using to fill a famous vacancy in one of its senate slots has strayed so far from the mark that a preliminary injunction should have been entered by the district court.” A lawsuit brought by two registered voters in Illinois alleging a violation of their rights guaranteed by the 17th Amendment to the U.S. Constitution gives rise to a ruling that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

Posted at 3:10 PM by Howard Bashman



“Lawyer: Gays denied right by Calif marriage ban.” The Associated Press has a report that begins, “The landmark federal trial over the constitutionality of California’s gay marriage ban resumed Wednesday, with a lawyer arguing that supporters of the ban were trying to deprive same-sex couples of a relationship the U.S. Supreme Court has recognized as a fundamental right.”

Posted at 2:50 PM by Howard Bashman



Majority on divided three-judge Third Circuit panel holds that Verizon cannot evade its settlement of a class action despite new federal legislation, enacted before final approval of the settlement, eliminating plaintiffs’ cause of action: You can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

This case would seem to be a strong candidate for either rehearing en banc or U.S. Supreme Court review if Verizon decides to continue to pursue its challenge to the settlement.

Posted at 10:32 AM by Howard Bashman



“Law-school academics come out in support of Kagan for high court”: Bill Mears of CNN.com has this report.

Warren Richey of The Christian Science Monitor reports that “Top law school deans endorse Supreme Court nominee Elena Kagan; Deans of 68 major law schools endorsed Supreme Court nominee Elena Kagan; Her experience heading the Harvard Law School prepared her to decide some of the country’s toughest issues, they say.”

And today’s edition of The Milwaukee Journal Sentinel reports that “MU’s law dean praises Kagan; Marquette’s Kearney says court nominee is a fine lawyer.”

Posted at 8:45 AM by Howard Bashman



“Full 11th Circuit Wrestles With Home Depot Sex Harassment Suit; Judges debate how court’s earlier decisions in case fit with landmark ruling favoring plaintiffs”: Andy Peters of the Fulton County Daily Report has this article.

Posted at 7:58 AM by Howard Bashman