How Appealing



Monday, December 8, 2014

Programming note: On both Tuesday and Wednesday mornings of this week, appeals on which I have worked are being argued in the Superior Court of Pennsylvania. As a result, both tomorrow and Wednesday, new posts will not appear here until the afternoon.

On Tuesday morning, the U.S. Supreme Court is expected to issue one or more opinions in argued cases. Any new opinions can be accessed via this link once the Court posts them online.

Posted at 11:32 PM by Howard Bashman



“Actors Guild Gets Behind Copyrights for Some Performers; With nods to the many actors who played ‘Batman’ and the actress who plays many roles on ‘Orphan Black,’ the guild weighs in on a controversial case before a federal appeals court”: Eriq Gardner has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.

Posted at 9:45 PM by Howard Bashman



“From Lawyer To Blogger To Novelist: An Interview With David Lat, Author Of Supreme Ambitions.” David Lat has this post — in which he interviews himself — today at “Above the Law.”

Posted at 8:35 PM by Howard Bashman



“Supreme Court Hears Cases on Internet Shopping and Railroads”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

In Tuesday’s edition of The Washington Post, Robert Barnes will have an article headlined “Court considers whether Amtrak’s self-created standards are federal ‘regulations.’

Richard Wolf of USA Today reports that “Justices weigh Amtrak’s power over nation’s railroads.”

Greg Stohr of Bloomberg News reports that “Amtrak’s On-Time Metrics Questioned at U.S. Supreme Court.”

And online at Bloomberg VIew, law professor Noah Feldman has a post titled “What Amtrak Has in Common With Government.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Department of Transportation v. Association of American Railroads, No. 13-1080.

Posted at 8:27 PM by Howard Bashman



“Religious nonprofits challenge health law”: The Associated Press has a report that begins, “In the latest religious challenge to the federal health care law, faith-based organizations that object to covering birth control in their employee health plans argued in federal appeals court Monday that the government hasn’t gone far enough to ensure they don’t have to violate their beliefs.”

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit heard argument in these three related cases today.

Posted at 3:51 PM by Howard Bashman



“Justices May Review Begging Law (and Ex-Colleague’s Opinion)”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:45 PM by Howard Bashman



Ninth Circuit rejects constitutional challenge to Arizona’s “admission on motion” rule, which gives bar admission preferences to attorneys licensed to practice law in a state that gives similar preferences to lawyers licensed in Arizona: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 1:40 PM by Howard Bashman



“Chewing over the ‘power bar’: Biskupic discusses major study of the Supreme Court bar’s influence on certiorari.” Eric Citron has this post today at “SCOTUSblog.”

Posted at 12:20 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court today did not grant review in any new cases.

In early news coverage, The Associated Press reports that “High court rejects BP appeal of spill settlement.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court rejects BP challenge to Gulf spill settlement.”

Greg Stohr of Bloomberg News reports that “BP Rejected by U.S. Supreme Court in Challenge to Gulf Payments.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court won’t reopen settled BP oil spill case.”

Posted at 9:34 AM by Howard Bashman



“Special Report: At U.S. court of last resort, handful of lawyers dominate docket.” Today, Joan Biskupic, Janet Roberts, and John Shiffman of Reuters have a three-part series. Part one, whose headline appears above, can be accessed here.

Part two is headlined “Elite law firms spin gold from getting cases before Supreme Court.”

And part three is headlined “In ever-clubbier bar, 8 men emerge as Supreme Court confidants.”

You can access the entire series — titled “The Echo Chamber: A small group of lawyers and its outsized influence at the U.S. Supreme Court” — including additional sidebars and features via this link.

Posted at 9:16 AM by Howard Bashman



“When Is a Facebook Rant a ‘True Threat?'” Kenneth Jost had this post yesterday at his blog, “Jost On Justice.”

Posted at 7:20 AM by Howard Bashman



“Judges to hear arguments over NSA surveillance”: The Associated Press has a report that begins, “A panel of federal appeals judges in Seattle is considering an Idaho woman’s challenge to the National Security Agency’s bulk collection of cellphone information.”

Once the U.S. Court of Appeals for the Ninth Circuit makes the audio of this oral argument available online, I will link to it.

Posted at 7:18 AM by Howard Bashman