How Appealing



Friday, July 6, 2012

“US judge hints Camp’s actions unlikely to undo his rulings; Strip club questions Camp’s impartiality in 2010 case, asks 11th Circuit for new judge”: In the April 3, 2012 issue of The Fulton County (Ga.) Daily Journal, Alyson M. Palmer had an article that begins, “A federal appeals court judge hinted at oral arguments that he thought the extracurricular activities of former federal Judge Jack Camp only rarely, if ever, should be cause to undo Camp’s rulings.”

Today, the Eleventh Circuit issued this ruling affirming the district court’s judgment rejecting a constitutional challenge to Spalding County, Georgia’s s ordinances prohibiting nude dancing where alcohol is sold.

Posted at 10:56 PM by Howard Bashman



“The Department of Justice cannot find a single authority * * * for the proposition that it can reassert jurisdiction over someone it had long ago unconditionally released from custody just because he once committed a federal crime.” The en banc U.S. Court of Appeals for the Fifth Circuit today issued a ruling, by a vote of 10-to-6, that declared unconstitutional one aspect of the federal sex offender registration requirement imposed under the federal law known as the Sex Offender Registration and Notification Act.

Circuit Judge Jerry E. Smith wrote the majority opinion, which observes that “After the federal government has unconditionally let a person free, however, the fact that he once committed a crime is not a jurisdictional basis for subsequent regulation and possible criminal prosecution.” The majority opinion also includes a very interesting evaluation and rejection of the federal government’s Commerce Clause justification for the particular registration requirement at issue.

Today’s en banc Fifth Circuit ruling may not be the final word on this controversy. Because the appellate court has partially invalidated a federal law, the likelihood of U.S. Supreme Court review would seem high should the Solicitor General’s Office file a petition for writ of certiorari.

Posted at 10:44 PM by Howard Bashman



“Affordable Care Act challenge at the 5th Circuit goes on”: John Council has this post today at the “Tex Parte Blog” of Texas Lawyer.

Posted at 2:28 PM by Howard Bashman



“Suit filed over naming La. chief justice”: The Associated Press has a report that begins, “A Louisiana Supreme Court justice is suing to block her colleagues from debating and voting on whether she is legally entitled to become the court’s next chief justice.”

Posted at 11:38 AM by Howard Bashman