How Appealing



Sunday, December 9, 2012

Disagreement between Chief Judge Easterbrook and Circuit Judge Posner on whether to affirm criminal convictions obtained on “stated income” mortgage loans has resulted in the Seventh Circuit‘s granting of rehearing en banc: You can access Friday’s order granting rehearing en banc at this link.

The original three-judge panel’s decision, which the order granting rehearing en banc has vacated, can be accessed here. Chief Judge Frank H. Easterbrook wrote the majority opinion, which upheld the convictions. Circuit Judge Richard A. Posner dissented.

You can access the audio of the oral argument before the original three-judge panel via this link.

Posted at 10:42 PM by Howard Bashman



“Why Judges Can’t Hear Each Other on Affirmative Action: The law says such programs benefit society as a whole; But the judges — on both sides — think of it as a favor that ‘we’ do for ‘them.'” Garrett Epps has this essay online at The Atlantic.

Posted at 1:15 PM by Howard Bashman



“Gay marriage pressure back on Obama”: Josh Gerstein of Politico.com has this report.

At “NYRblog,” the blog of The New York Review of Books, law professor David Cole has a post titled “Laws Not Fit to be Defended.”

And online at The American Prospect, E.J. Graff has an essay titled “Be Afraid, Be Very Afraid: SCOTUS Takes on Same-Sex Marriage; With the broad questions being placed before it, the Court has the opportunity to do significant damage.”

Posted at 1:12 PM by Howard Bashman



“Supreme Court showdown expected over gay rights decisions; Conservative giants Anthony Kennedy and Antonin Scalia are likely to be on opposing sides when the justices rule on marriage and federal benefits”: David G. Savage has this front page article today in The Los Angeles Times.

Today’s edition of The New York Times contains an article headlined “Worry Tempers Joy Over Gay Marriage’s Moment in Court.”

And The San Francisco Chronicle contains articles headlined “Jitters as Prop. 8 goes to high court” and “Gays walk to altar to take a bit longer.”

Posted at 9:52 AM by Howard Bashman