How Appealing

Thursday, September 3, 2015

"Contentious Case Over Gay Rights Nothing New to a Kentucky Judge": Richard Perez-Pena will have this article in Friday's edition of The New York Times.
Posted at 11:32 PM by Howard Bashman


My client prevailed today on the most important issue presented in the Pa. Supreme Court oral argument I delivered back on March 10th: You can access today's unanimous ruling of the Supreme Court of Pennsylvania at this link in a case in which I represented the plaintiff on appeal. A couple of earlier posts noting the oral argument can be accessed here and here.
Posted at 11:20 PM by Howard Bashman


"Civil rights lawsuit revived against Nevada agency": The Las Vegas Review Journal has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:08 PM by Howard Bashman


Is the current method of federal appellate electronic filing becoming technologically obsolete? Whenever I try to discuss technology at the level required by this post, I quickly reveal my own ignorance. With that disclosure out of the way, let me sound a warning for those who may someday soon attempt their first federal appellate electronic filing after having upgraded to Windows 10.

The federal appellate CM/ECF electronic filing system requires a web browser with Java installed to operate. Microsoft's new Windows 10 browser, known as Edge, does not support Java. And Google Chrome also recently stopped supporting Java. That does still leave the option of using the Firefox browser, which is what I used to e-file the Reply Brief that I filed today in the U.S. Court of Appeals for the Third Circuit. But that was after more than a few anxious moments wondering why none of the previous ways that I had accomplished federal appellate e-filings in the past was working.

Before the Windows 10 upgrade, I had used Internet Explorer to accomplish my CM/ECF federal appellate filings, which was one of the rare times that I would use that web browser. Microsoft Edge purports to allow the user to open a web page in Internet Explorer, but that option did not allow me to launch the CM/ECF application earlier today on my desktop computer running Windows 10.

If readers have encountered these or other recent difficulties with federal appellate e-filing, or have discovered solutions that haven't yet occurred to me, please feel free to send along your experiences via email and I will gladly share points of general interest with this blog's readers.
Posted at 11:00 PM by Howard Bashman



"The Next Justices. Filling Supreme Court vacancies: a guide for GOP candidate." Law professors Randy E. Barnett and Josh Blackman will have a cover story article bearing that headline in the September 14, 2015 issue of The Weekly Standard.

Although the text of the article is not yet online, Blackman has posted at his blog a photograph of the magazine's cover image created for the article.
Posted at 10:35 PM by Howard Bashman



"Judges predict foes will win on birth control mandate": Lyle Denniston has this post at "SCOTUSblog" about a dissent from the denial of a sua sponte call for rehearing en banc in which five judges serving on the U.S. Court of Appeals for the Tenth Circuit joined today. Today's order specifies that rehearing en banc was denied by a vote of 7-to-5.

And in other coverage, The Associated Press reports that "Federal Judges Object To Birth Control Ruling."
Posted at 10:22 PM by Howard Bashman



So much for that U.S. Supreme Court victory: This past April, in a case captioned Rodriguez v. United States, the U.S. Supreme Court ruled in favor of the convicted defendant who was challenging his extended traffic stop detention for purposes of a drug dog sniff. You can access the ruling at this link. My earlier coverage of that ruling appears here and here.

Today, on remand from the Supreme Court, the U.S. Court of Appeals for the Eighth Circuit ruled that the defendant's conviction must stand given the state of Eighth Circuit law before the Supreme Court's reversal in this very case. You can access today's ruling at this link.
Posted at 01:38 PM by Howard Bashman



"Kim Davis found in contempt; taken into custody": The Louisville Courier-Journal has this news update.

And The Associated Press reports that "Judge jails Kentucky clerk for refusing marriage licenses."
Posted at 01:27 PM by Howard Bashman



"Washington Supreme Court rules against Backpage.com": The Associated Press has a report that begins, "The Washington Supreme Court has ruled in favor of three young girls who sued Backpage.com after they were sold as prostitutes on the site."

You can access today's 6-to-3 ruling of the Supreme Court of Washington State at this link.
Posted at 01:25 PM by Howard Bashman



"Judge sides with Brady, NFL promises 'Deflategate' appeal": The Associated Press has this report.
Posted at 01:22 PM by Howard Bashman


"Sotomayor shares Supreme Court insight, advice": The Observer, the student newspaper of Notre Dame, has this report, along with an article headlined "Students react to conversation with Justice Sotomayor."
Posted at 01:16 PM by Howard Bashman


"Little Sisters: Cato Institute Targets the Affordable Care Act -- Yet Again." Gregory M. Lipper has this post today at the "Bill of Health" blog.
Posted at 01:12 PM by Howard Bashman


"The Supreme Court's 2014-2015 Term: The Year the Administrative State Trembled." Joel Alicea has this article online today at Public Discourse.
Posted at 08:02 AM by Howard Bashman


"Conservative legal group defends clerk's stand against gay marriage": Lawrence Hurley of Reuters has this report.
Posted at 07:58 AM by Howard Bashman


"Sotomayor opens up during appearance at Notre Dame; Justice talks about workings of court and overcoming biases": This front page article appears in today's edition of The South Bend Tribune.
Posted at 07:55 AM by Howard Bashman


"Judges Standing Upside-Down": Linda Greenhouse has this essay online today at The New York Times.
Posted at 07:52 AM by Howard Bashman






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