How Appealing



Monday, September 12, 2011

Programming note: On Tuesday morning, I will be arguing two unrelated cases before the Supreme Court of Pennsylvania, which will he holding a special sitting at Old City Hall in Philadelphia. The location is noteworthy, among other reasons, because the U.S. Supreme Court once held its oral arguments there.

Tomorrow’s oral arguments will also be noteworthy because they will be the first Pa. Supreme Court oral arguments that will be televised. Tomorrow’s oral arguments will appear on the Pennsylvania Cable Network tomorrow night, as detailed here.

In news coverage, The Associated Press reports that “Pa high court to meet in historic chamber.”

The briefs that I filed in the cases that I will be arguing tomorrow are available online via earlier posts that you can access here and here.

For those who contend that arguing two different cases on appeal in the same morning is no big deal, apparently Pennsylvania’s state appellate court system would agree with you. I say that because the Superior Court of Pennsylvania scheduled for oral argument tomorrow morning a third case (background available here) in which I wrote the brief for appellee. Plaintiff’s lead trial lawyer will be arguing that appeal on plaintiff’s behalf.

Additional posts will appear here on Tuesday afternoon.

Update: I am pleased to report that both oral arguments went very well. Of course, if you receive Pennsylvania Cable Network. you can tune in beginning at 7 p.m. eastern time this (Tuesday) evening to see for yourself.

Posted at 10:24 PM by Howard Bashman



“State Supreme Court dispute may be tough to decide”: The Wisconsin State Journal has an article that begins, “Although a special prosecutor decided not to bring criminal charges in the June 13 altercation between two state Supreme Court justices, a disciplinary panel continues to investigate.”

And Adam Cohen of Time magazine has an essay entitled “Justice on Display: Should Judges Deliberate in Public?

Posted at 10:15 PM by Howard Bashman



“Anita Hill to speak out on 20th anniversary of hearings”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 10:12 PM by Howard Bashman



“Ruling: Recalculate court costs for cheerleader.” The Associated Press has a report that begins, “An appeals court on Monday ordered a lower court to recalculate how much a former Texas high school cheerleader should pay in legal fees to the school district that punished for refusing to root for an athlete she said raped her.”

You can access today’s non-precedential ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 9:28 PM by Howard Bashman



“5th Circuit Chief Judge Takes U.S. District Judge Sam Sparks to Task in an Email”: John Council of Texas Lawyer has this report.

Posted at 4:56 PM by Howard Bashman



“Retired Justice David H. Souter, ‘the luckiest guy,’ returns to his books”: Robert Barnes has this article today in The Washington Post.

Posted at 10:05 AM by Howard Bashman



“Sen. Tom Coburn blocked attempt to fill federal appeals court vacancy, Oklahoma attorneys say; The Democratic White House is struggling to find federal nominees that satisfy Oklahoma’s conservative senators”: This article appears today in The Oklahoman.

Posted at 9:32 AM by Howard Bashman