How Appealing



Monday, November 7, 2011

“Dispute Over Jerusalem Engages Court”: Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday’s edition of USA Today, Joan Biskupic will have an article headlined “Supreme Court wrestles with sticky Jerusalem passport case.”

Warren Richey of The Christian Science Monitor has an article headlined “How wrangle over Jerusalem is at the core of a US Supreme Court showdown; Did Congress overstep its authority when it instructed US officials to list ‘Israel’ as the place of birth for Americans born in Jerusalem? Supreme Court justices heard arguments Monday.”

Greg Stohr of Bloomberg News reports that “Passport Clash Over Jerusalem at High Court May Shape Foreign Policy Power.”

James Vicini of Reuters reports that “Supreme Court skeptical in Israel passport case.”

Mike Sacks of The Huffington Post has an article headlined “Defining Jerusalem: Israel-Palestine Conflict Comes To The Supreme Court.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: Who controls foreign policy?

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Can Passports List ‘Jerusalem, Israel’ As Birthplace?

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled “Passport Originalism: How the status of Jerusalem got dragged into a critical Supreme Court case about separation of powers.”

Posted at 10:22 PM by Howard Bashman



“Big Tobacco, graphic packaging, and the First Amendment”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 6:03 PM by Howard Bashman



“Was race a factor in Texas death sentence? Supreme Court declines case; Two justices said the Supreme Court should have taken the case of Duane Buck, who was convicted of two murders; But three blamed his defense lawyers for introducing race into the trial.” Warren Richey of The Christian Science Monitor has this report.

And Mike Sacks of The Huffington Post has an article headlined “Supreme Court Punts Death Penalty Case: Sotomayor, Alito Square Off On Decision Not To Hear Argument.”

Posted at 6:00 PM by Howard Bashman



“Appeals court stays Skinner execution”: The Houston Chronicle has a news update that begins, “The Texas Court of Criminal Appeals today stayed Wednesday’s execution of Henry Skinner, pending resolution of an appeal filed to gain DNA testing of clothing, weapons and biological samples collected at the scene of a 1993 Pampa triple killing.”

And The Associated Press reports that “Texas court puts off execution due to legal change.”

Posted at 4:56 PM by Howard Bashman



The Green Bag Almanac & Reader announces its “Exemplary Legal Writing 2011 Nominees”: You can view the list of nominees at this link. As the list reveals, the saying that it’s an honor simply to be nominated carries special resonance for me this year.

Posted at 3:14 PM by Howard Bashman



“Appeals court to rehear Armenian genocide claim”: The Associated Press has this report on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

The case already had an unusual procedural history, in that the same three-judge panel issued two contradictory rulings on the merits of the case. The judge who dissented when the panel issued its first opinion went on to write the panel’s second majority opinion, with the author of the original majority opinion then writing in dissent.

Posted at 2:08 PM by Howard Bashman



“Justices hear case of American born in Jerusalem”: Mark Sherman of The Associated Press has a report that begins, “The Supreme Court seems unlikely to rule for a 9-year-old boy who was born in Jerusalem and wants his U.S. passport to list his place of birth as Israel.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Zivotofsky v. Clinton, No. 10-699.

Posted at 1:42 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court today granted review in three new cases, two of which will be argued together. The Court also requested the views of the Solicitor General in one case.

In addition, the Court issued two unanimous per curiam opinions. The Court’s first per curiam opinion issued in KPMG LLP v. Cocchi, No.10-1521 The Court’s second per curiam opinion issued in Bobby v. Dixon, No. 10-1540.

The Court’s denial of certiorari in Buck v. Thaler, No. 11-6391, produced two opinions. Justice Samuel A. Alito, Jr. issued a statement respecting the denial of certiorari in which Justices Antonin Scalia and Stephen G. Breyer joined. And Justice Sonia Sotomayor issued a dissent from the denial of certiorari, in which Justice Elena Kagan joined.

In early news coverage, The Associated Press has reports headlined “Court to look at life in prison for juveniles“; “Court refuses to hear Texas death case“; “Court throws out decision reversing death sentence“; “Court: Fla. must weigh arbitration in Madoff case“; and “Court won’t hear ‘Ghost Hunters’ appeal.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “New review on youths’ punishment.”

Posted at 10:12 AM by Howard Bashman



“Jerusalem or Israel? U.S. passport case is a constitutional tangle; The Supreme Court takes up a seemingly simple dispute that raises thorny questions about the powers of the president and Congress.” David G. Savage has this article today in The Los Angeles Times.

Mark Sherman of The Associated Press reports that “Justices hear case of American born in Jerusalem.”

And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment entitled “Court Weighs President’s Power To Recognize Nations.”

Posted at 9:04 AM by Howard Bashman



“Abortion referendum in Mississippi would redefine ‘personhood’; A ballot measure expected to pass in Mississippi this week would define “personhood” as beginning at the moment of fertilization or cloning; Abortion rights groups are fighting the measure, which could end up in the US Supreme Court”: The Christian Science Monitor has this report.

And Politico.com has an article headlined “Poll: ‘Personhood’ a toss-up in Miss.

Posted at 9:00 AM by Howard Bashman



“Exhibit A in 4th Amendment privacy cases: technology; Fourth Amendment rulings since 1967 have significantly limited what people can expect to keep private; This shift has accelerated as technology such as smartphones and GPS have emerged.” Carol J. Williams has this article today in The Los Angeles Times.

Greg Stohr of Bloomberg News reports that “Police GPS Device Use Triggers Privacy Clash at U.S. High Court.”

And at Wired.com’s “Threat Level” blog, David Kravets has a post titled “Feds Seek Unfettered GPS Surveillance Power as Location-Tracking Flourishes.”

Posted at 8:55 AM by Howard Bashman