How Appealing



Friday, August 6, 2010

“Kagan Will Have Little Time to Ease Into New Job; More than 2,000 petitions for review typically pile up during the Court’s summer recess”: Tony Mauro of The National Law Journal has this report.

Posted at 10:30 PM by Howard Bashman



“Appeals court limits police use of GPS device to track suspects”: The Washington Post has this news update.

The Washington Times has a news update headlined “Court rejects govt. use of GPS tracking; Reverse sentence of accused drug-ring master.”

Pete Yost of The Associated Press reports that “Court reverses drug conviction in GPS case.”

Wired.com’s “Threat Level” blog has a post titled “Appeals Court Rules Against Secret Police GPS Tracking.”

At “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “Court Says GPS Surveillance Requires Warrant.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “D.C. Circuit Introduces ‘Mosaic Theory’ Of Fourth Amendment, Holds GPS Monitoring a Fourth Amendment Search.”

You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 7:30 PM by Howard Bashman



“Irate Prop. 8 backers say gay judge not impartial”: This article appears today in The Sacramento Bee, along with an article headlined “Proposition 8 is putting voters’ views on trial.”

Today in The San Jose Mercury News, Howard Mintz reports that “Federal judge in Prop. 8 case an unpredictable iconoclast.”

Bob Egelko of The San Francisco Chronicle has an article headlined “Long road ahead for Prop. 8 court case.”

Maura Dolan and Carol J. Williams of The Los Angeles Times report that “Gay marriage ruling anchored in factual findings; Legal analysts say the federal judge appeared to be making a calculated effort to force higher courts to grapple with the practical reality of gay unions over legal theory when applying the law.”

John Schwartz of The New York Times has an article headlined “Conservative Jurist, With Independent Streak.” The newspaper also contains an article headlined “Gay Marriage Ruling a Challenge for Both Parties.”

The Washington Post reports that “Both sides in same-sex marriage debate see chance to galvanize support after California ruling.”

The Christian Science Monitor contains an article headlined “Will California gay marriage ruling affect other states? If Judge Vaughn Walker’s decision declaring the California gay marriage law unconstitutional is eventually upheld by the US Supreme Court, it could overturn gay marriage bans in 45 states.”

And The Associated Press has reports headlined “Judge’s personal life debated after gay ruling“; “Gay marriage before nation’s largest appeals court“; and “Mexican court upholds capital’s gay marriage law.”

Posted at 1:20 PM by Howard Bashman



“Kagan Joins Supreme Court After 63-37 Vote in Senate”: This article appears today in The New York Times.

In today’s edition of The Washington Post, Paul Kane and Robert Barnes report that “Senate confirms Elena Kagan’s nomination to Supreme Court.”

James Oliphant of The Los Angeles Times reports that “Elena Kagan confirmed to Supreme Court; The Senate approves her as the nation’s 112th justice on a 63-37 vote, with five Republicans crossing party lines to vote in her favor; For the first time in history, the court includes three female justices.”

Naftali Bendavid of The Wall Street Journal reports that “Senate Confirms Kagan for Court.” And Jess Bravin has an article headlined “Kagan and Roberts: Similar Paths, Poles Apart.”

USA Today contains an article headlined “With confirmation, Justice Kagan makes 3; Senate vote makes one-third of the top court women.”

David Lightman of McClatchy Newspapers reports that “Kagan wins Senate confirmation to Supreme Court, 63-37.”

The Washington Times reports that “Senate confirms Kagan to Supreme Court; Democrats hail ‘great antidote’ to conservatives on Supreme Court.”

The Boston Globe reports that “Kagan heads to high court; Ex-Harvard dean will be fourth woman to serve; Senate confirmation vote is 63-37; Brown opposed.”

Warren Richey of The Christian Science Monitor reports that “Elena Kagan confirmed to Supreme Court; The Senate voted 63-37, mostly along party lines, to make Kagan America’s 112th Supreme Court justice.”

The Toronto Globe and Mail reports that “Newly confirmed Kagan expected to spar with Chief Justice Roberts.”

David Ingram of The National Law Journal reports that “Kagan Confirmation Sets the Stage for High Court First.”

The Hill reports that “McConnell scolds Franken for making faces from dais during his speech.”

The Associated Press reports that “Franken apologizes for irritating GOP leader.”

And Politico.com reports that “Senate gets ‘a little weird.'”

Posted at 8:44 AM by Howard Bashman



“Discovery Rule for Libel Doesn’t Apply to Blogs, Says Federal Judge”: Shannon P. Duffy of The Legal Intelligencer has an article that begins, “Aviation lawyer and seasoned pilot Arthur Alan Wolk knows quite a bit about the stratosphere and the troposphere, but he may have learned something new this week about the blogosphere when a federal judge tossed out his libel suit against the bloggers at Overlawyered.com.”

You can access Monday’s ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.

Posted at 7:54 AM by Howard Bashman