How Appealing



Thursday, June 18, 2015

“Devout racist’s religion doesn’t trump racial segregation in prison, appeals court says”: Denny Walsh of The Sacramento Bee has a news update that begins, “In a case featuring a clash of constitutional interests, a federal appellate court ruled Thursday that California may hamper an inmate’s religious worship in order to avoid the potential for unconstitutional racial segregation in its prison system.”

You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:22 PM by Howard Bashman



“Court hears appeal about FBI gang report on Juggalos”: The Associated Press has a report that begins, “Insane Clown Posse’s latest gig? A federal court.”

Posted at 10:14 PM by Howard Bashman



“No Middle Ground in Confederate License Plate Case”: Today at his “Dorf on Law” blog, Michael Dorf has a post that begins, “Justice Breyer’s majority opinion in Walker v. Texas Div., Sons of Confederate Veterans is so badly reasoned that it cannot be taken seriously at face value.”

At “The Volokh Conspiracy,” Eugene Volokh has a post titled “Government free to pick and choose which proposed license plate designs to allow, notwithstanding the First Amendment.”

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled “Reality Strikes the Supreme Court: The justices rule on a Confederate flag case as the nation once again grapples with the ugly power of that racist Southern symbol.”

Posted at 9:35 PM by Howard Bashman



“Justice Thomas focuses on victims in 2 death penalty cases”: Sam Hananel of The Associated Press has this report.

At “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: Crawford narrowed, Atkins solidified.”

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Has Clarence Thomas Forgotten What His Job Is? Two of his latest opinions abandon reasoned judgment for fiery condemnation; From a Supreme Court justice, that’s downright disturbing.”

Posted at 9:25 PM by Howard Bashman



“Justices Side With Arizona Church in Dispute Over Sign Limits”: Adam Liptak of The New York Times has this news update.

Richard Wolf and Brad Heath of USA Today report that “Tiny Arizona church wins Supreme Court case on signs.”

Cheryl Wetzstein of The Washington Times has a news update headlined “Arizona church wins outdoor sign case in Supreme Court; Town of Gilbert’s signage code deemed unconstitutional.”

Howard Fischer of The Arizona Daily Star reports that “Highest Court rules against Gilbert in sign case.”

The Arizona Republic has a news update headlined “Gilbert church wins: Supreme Court strikes down sign ordinance.”

And Lawrence Hurley of Reuters reports that “U.S. top court rules for church in free speech case over signs.”

Posted at 1:44 PM by Howard Bashman



“Supreme Court allows children’s indirect testimony in child abuse cases”: Richard Wolf and Brad Heath of USA Today have this report.

Brent Kendall of The Wall Street Journal has a news update headlined “Supreme Court Allows Teacher Testimony in Child-Abuse Cases; Justices give prosecutors leeway to bring cases without young children testifying.”

And The Cleveland Plain Dealer has a news update headlined “U.S. Supreme Court reinstates child beating conviction of man who said teachers’ testimony against him violated his rights.”

Posted at 1:36 PM by Howard Bashman



“Supreme Court Says Texas Can Reject Confederate Flag License Plates”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court: Texas doesn’t have to allow Confederate flag license plates.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court says Texas can keep Confederate flag off license plates.”

Richard Wolf and Brad Heath of USA Today report that “Supreme Court says states can block Confederate flag license plates.”

Jess Bravin of The Wall Street Journal has a news update headlined “Supreme Court Rules States Can Reject Offensive License Plate Messages; Court says Texas isn’t required to allow Confederate battle flag on specialty plates.”

Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court upholds Texas’ restrictions on license plate messages.”

Greg Stohr of Bloomberg News reports that “Confederate Flag License Plate Bid Rejected by U.S. Supreme Court; Justice Clarence Thomas joined the court’s liberal wing in the majority.”

Lawrence Hurley of Reuters reports that “U.S. top court upholds Texas refusal to issue Confederate license plate.”

Ariane de Vogue of CNN.com reports that “Supreme Court: Texas OK to reject Confederate flag plate.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: The message determines the right.”

Posted at 1:24 PM by Howard Bashman



“Why Clarence Thomas Joined Liberals to Shoot Down the Confederate Flag: The conservative black justice joined liberals in upholding Texas’ ban on Confederate flag license plates.” Paul Barrett of Bloomberg News has this report.

Posted at 1:14 PM by Howard Bashman



“Antonin Scalia and the Limits of Marriage: The U.S. Supreme Court’s resident Cassandra tones down his prophecies in advance of the same-sex marriage decision.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 1:00 PM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Brumfield v. Cain, No. 13-1433. Justice Clarence Thomas issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Antonin Scalia and Samuel A. Alito, Jr. joined in large measure. And Justice Alito issued a dissenting opinion, in which Chief Justice Roberts joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Ohio v. Clark, No. 13-1352. Justice Scalia issued an opinion concurring in the judgment, in which Justice Ruth Bader Ginsburg joined. And Justice Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link.

3. Justice Alito also delivered the opinion of the Court in Davis v. Ayala, No. 13-1428. Justice Anthony M. Kennedy issued a concurring opinion. Justice Clarence Thomas issued a concurring opinion. And Justice Sotomayor issued a dissenting opinion, in which Justices Ginsburg, Stephen G. Breyer, and Elena Kagan joined. You can access the oral argument via this link.

4. Justice Breyer delivered the opinion of the Court in Walker v. Texas Div., Sons of Confederate Veterans, Inc., No. 14-144. Justice Alito issued a dissenting opinion, in which Chief Justice Roberts and Justices Scalia and Kennedy joined. You can access the oral argument via this link.

5. Justice Thomas delivered the opinion of the Court in McFadden v. United States, No. 14-378. Chief Justice Roberts issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

6. And Justice Thomas also delivered the opinion of the Court in Reed v. Town of Gilbert, No. 13-502. Justice Alito issued a concurring opinion, in which Justices Kennedy and Sotomayor joined. Justice Breyer issued an opinion concurring in the judgment. And Justice Kagan issued an opinion concurring in the judgment, in which Justices Ginsburg and Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Justices rule for Texas in dispute over license plate“; “Justices rule for small Arizona church in sign dispute“; “Supreme Court allows use of child abuse evidence“; “High court overturns conviction in synthetic drug case“; “High court grants reprieve to Louisiana death-row inmate“; and “High court reinstates conviction in death penalty case.”

Posted at 10:04 AM by Howard Bashman



“The Future of the Roberts Court”: Politico.com is live-streaming the video of this morning’s event — already underway — at this link.

Posted at 8:35 AM by Howard Bashman