How Appealing



Friday, July 1, 2011

“Michigan to appeal decision deeming affirmative action ban illegal”: The Detroit Free Press has this news update.

The Detroit News has an update headlined “State to fight ruling against ban on race in college admissions.”

Saturday’s edition of The New York Times will contain an article headlined “Court Overturns Michigan Affirmative-Action Ban.”

The Grand Rapids Press has a news update headlined “Minority advocates celebrate Proposal 2 ruling, Attorney General Bill Schuette vows appeal.”

The Cincinnati Enquirer has a news update headlined “Cincinnati court rules on affirmative action.”

AnnArbor.com reports that “University of Michigan has no plans to alter admissions process after federal court ruling.”

The State News, the student newspaper of Michigan State University, has an update headlined “Court rules Michigan’s affirmative action ban unconstitutional.”

Bloomberg News reports that “Michigan Anti-Affirmative-Action Law Overturned by Federal Appeals Court.”

And Reuters reports that “Court strikes Michigan affirmative action ban.”

My earlier coverage of today’s Sixth Circuit ruling appears at this link.

Posted at 8:14 PM by Howard Bashman



“Prison terms for crack cocaine offenses reduced; The U.S. Sentencing Commission brings such sentences in line with the shorter terms given to powder cocaine offenders”: This article appears today in The Los Angeles Times.

Posted at 8:04 PM by Howard Bashman



Sixth Circuit declares unconstitutional Michigan’s Proposal 2, which prohibits public colleges and universities from granting “preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin”: You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

The majority opinion explains that “we find that Proposal 2 unconstitutionally alters
Michigan’s political structure by impermissibly burdening racial minorities.”

In her dissenting opinion, Circuit Judge Julia Smith Gibbons writes:

I disagree, however, with the majority’s conclusion that Proposal 2 is unconstitutional under a political restructuring theory of the Equal Protection Clause. In my view, Proposal 2 does not impermissibly restructure the political process in the state of Michigan to burden the ability of minorities to enact beneficial legislation. Moreover, Proposal 2 is not unconstitutional under traditional equal protection analysis

The case was argued before the Sixth Circuit in November 2009. My earlier coverage of the case appears at this link.

In early news coverage of today’s ruling, The Associated Press reports that “Mich. ban on race in college admissions illegal.”

Posted at 10:42 AM by Howard Bashman



“Why the Court Was Wrong in the Video Game Case”: Jeffrey H. Anderson has this post at the blog of The Weekly Standard.

Posted at 8:50 AM by Howard Bashman



“Walmart Case: Plaintiff Betty Dukes Tells Congress the Supreme Court Got It Wrong.” Ariane de Vogue of ABCNews.com has this report.

Posted at 8:42 AM by Howard Bashman



“Justices split by politics, personality”: Yesterday’s edition of The Wisconsin State Journal contained an article that begins, “A massive influx of money, politics and personality have helped turn the state Supreme Court — a body long respected for reasoned decisions — into an arm of government every bit as volatile as the Legislature, court observers say.”

Posted at 8:34 AM by Howard Bashman



“California given strict deadline to reduce prison population; There must be 37,000 fewer inmates by June 2013, starting with a reduction of 14,400 by the end of this year, three-judge panel says”: Carol J. Williams has this article today in The Los Angeles Times.

Posted at 8:30 AM by Howard Bashman



“Ethics, Politics and the Law”: Today’s edition of The New York Times contains an editorial that begins, “The ethical judgments of the Supreme Court justices became an important issue in the just completed term.”

Posted at 8:22 AM by Howard Bashman



“Stop Complaining About Harold Koh’s Interpretation of the War Powers Act”: Online at The New Republic, Eric Posner has an essay that begins, “Harold Koh and John Yoo are two peas in a pod, except that Yoo is the right-wing pea and Koh is the left-wing pea.”

Posted at 8:16 AM by Howard Bashman



“Chief Court of Appeals judge orders probe of leaked abortion ruling”: Wednesday’s edition of The Louisville Courier-Journal contained an article that begins, “The chief judge of the Kentucky Court of Appeals has asked state police to investigate who leaked a confidential abortion rights ruling to The Courier-Journal and whether criminal laws were broken in the process.”

Posted at 8:14 AM by Howard Bashman



“Kansas Gives License to One Abortion Clinic”: This article appears today in The New York Times.

The Kansas City Star reports today that “Overland Park clinic gets last-minute license to provide abortions.”

The Associated Press reports that “Kan. abortion rules face test in federal court.”

The Argus Leader of Sioux Falls, South Dakota reports that “Abortion law denied; Federal judge halts state’s mandatory counseling legislation.”

The Associated Press reports that “SD officials weight next action on abortion law.”

Howard Fischer of The Arizona Daily Star reports that “Suit seeks to block curbs on abortion.”

The Associated Press reports that “Lawsuit challenges new Arizona laws on abortion.”

And Wednesday’s edition of The Columbus (Ohio) Dispatch reported that “‘Heartbeat’ abortion bill gets OK from House; Measure, sent to Senate, bans abortions after about 6, 7 weeks.”

Posted at 8:10 AM by Howard Bashman



“Roberts Supreme Court’s Partisan Split Shows New Justices Are Predictable”: Greg Stohr of Bloomberg News has this report.

Posted at 7:50 AM by Howard Bashman