How Appealing



Thursday, October 23, 2014

“Supreme Court grants Law School clinic petition; Henderson v. U.S. to appear before Court in February”: The Cavalier Daily has this report.

Posted at 10:58 PM by Howard Bashman



“Utah governor: Gay marriage may drive religious-freedom law; Herbert also says LGBT anti-discrimination laws should be left to cities.” The Salt Lake Tribune has this news update.

Posted at 10:56 PM by Howard Bashman



“Eleventh Circuit Chief Declares End to Emergency”: Alyson M. Palmer of The Fulton County (Ga.) Daily Report has an article that begins, “With his court back to nearly full strength, the chief judge of the U.S. Court of Appeals for the Eleventh Circuit has announced the end of a court emergency.” You can freely access the full text of the article via Google.

You can view General Order No. 42, which the U.S. Court of Appeals for the Eleventh Circuit issued last Friday, at this link.

Posted at 10:34 PM by Howard Bashman



“Couple seeks to defend state’s same-sex marriage ban; Phillip and Sandra Unruh argue in court filing their marriage would be harmed”: The Topeka Capital-Journal has this news update.

Posted at 8:54 PM by Howard Bashman



“Brownback supports effort to get voters to oust 2 Kansas Supreme Court justices in election”: The Associated Press has this report.

Posted at 8:52 PM by Howard Bashman



“The Disgust Election”: Online at The New York Times, Timothy Egan has an essay that begins, “Justice Anthony Kennedy doesn’t strike me as the kind of guy I’d want to share a beer and a brat with, or be stuck next to on a long flight. But I would like for the most influential swing voter on the Supreme Court to step away from his legal aerie, and wade through some of the muck that he and four fellow justices have given us with the 2014 campaign.”

Posted at 8:33 PM by Howard Bashman



“Criminal defense lawyers’ group: no reason to shun Koch Industries’ money.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:42 PM by Howard Bashman



“Broadcasters win preliminary injunction against Aereo”: Reuters has this report.

I have uploaded at this link today’s opinion and order of the U.S. District Court for the Southern District of New York.

Update: At the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Judge Issues Aereo Injunction, Stops Short of Enjoining Time-Shifting; The ruling mostly grants what the TV broadcasters were seeking after the Supreme Court issued its own opinion.”

Posted at 4:25 PM by Howard Bashman



“Roberts at 10: The Evolving Story of John Roberts and Congress’s Commerce Clause and Spending Clause Powers.” The Constitutional Accountability Center has posted online its latest installment — written by Brianne Gorod — of its year-long project titled “Roberts at 10.”

Posted at 3:32 PM by Howard Bashman



“Millions view talking dogs online spoof of U.S. Supreme Court”: Lawrence Hurley of Reuters has a report that begins, “A comedy sketch with dogs portraying members of the U.S. Supreme Court — picture Ruth Bader Ginsburg as a Chihuahua — had scored more than two million YouTube views by Thursday, drawing attention to the high court’s secretive ways via some cheap laughs.”

You can access the video on YouTube by clicking here.

Posted at 3:14 PM by Howard Bashman



“Justice Ginsburg Issues Timely Correction in Texas Voter ID Dissent”: Today at WSJ.com’s “Washington Wire” blog, Jess Bravin has a post that begins, “Justice Ruth Bader Ginsburg may have made history a second time with her dissent from last week’s Supreme Court order allowing Texas to implement its voter-identification law in next month’s election.”

And yesterday at the “First Draft” blog of The New York Times, Adam Liptak had a post titled “Supreme Court Edits a Dissent, and Admits It.”

Posted at 1:42 PM by Howard Bashman



“The Al Bahlul Argument: Article III, Conspiracy, and Precepts of International Law.” Peter Margulies has this post today at the “Lawfare” blog.

At “Just Security,” Steve Vladeck has a post titled “Due Process and the Military Commissions.”

In related news coverage, Jess Bravin has an article headlined “Judges Question Use of Conspiracy Charges for Terror Suspects; Appeals Court Hears Arguments on Using Military Courts for Offenses Other Than War Crime” in today’s edition of The Wall Street Journal. You can freely access the full text of the article via Google.

And The Telegraph (UK) reports that “Guantanamo Bay war crimes tribunals face shutdown over legal challenge; War crimes tribunals being faced by Khalid Sheikh Mohammed and other 9/11 accused may be unconstitutional and should be closed, US Appeals Court hears.”

Posted at 1:28 PM by Howard Bashman



“The legal inquiry into Justice Lori Douglas must end”: Online at The Toronto Globe and Mail, Kyle Kirkup has an essay that begins, “Associate Chief Justice Lori Douglas — a judge from Manitoba whose former husband allegedly posted private, sexually explicit photos of her on the Internet without her consent — appears to have been the victim of revenge porn.”

Posted at 11:36 AM by Howard Bashman



“McCaffery should resign”: Today’s edition of The Scranton (Pa.) Times-Tribune contains an editorial that begins, “Suspended state Supreme Court Justice Seamus McCaffery has reached that sad place where his own resignation is the only legitimate act of public service that he can perform.”

Posted at 8:42 AM by Howard Bashman



“Constitution Check: Will a brief 1972 ruling stop the same-sex marriage movement?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 8:30 AM by Howard Bashman



“Pennsylvania law aims to curb Mumia Abu-Jamal’s ‘obscene celebrity’; Gov. Tom Corbett signed a first-in-the-nation law allowing crime victims the right to seek an injunction against offenders on grounds that speech could cause ‘mental anguish’; Civil rights groups are likely to challenge law in court”: Stacy Teicher Khadaroo of The Christian Science Monitor has this report.

Posted at 8:23 AM by Howard Bashman



“Montana Supreme Court race takes on partisan edge”: The Associated Press has a report that begins, “A nonpartisan race for Montana Supreme Court has taken a distinctly partisan edge, with challenger Lawrence VanDyke trying to cast Justice Mike Wheat as a liberal activist judge as his Republican backers pour tens of thousands of dollars into ads to support that message.”

Posted at 8:20 AM by Howard Bashman



“Republicans Set to Gain From Laws Requiring Voter IDs”: William Selway, Mark Niquette, and Greg Stohr of Bloomberg News have this report.

Posted at 8:15 AM by Howard Bashman