How Appealing



Thursday, December 10, 2015

“Kansas Supreme Court hears separation-of-powers case involving the court; At issue is whether it’s constitutional for lawmakers to alter court’s administrative authority; Case drew national attention when Legislature tied its outcome to court funding”: Edward M. Eveld of The Kansas City Star has this news update.

Justin Wingerter of The Topeka Capital-Journal has a news update headlined “Kansas Supreme Court hears arguments on the extent of its power; State is challenging judge’s ruling that H.B. 2338 is unconstitutional.”

Peter Hancock of The Lawrence Journal-World has a news update headlined “Kansas Supreme Court hears judicial selection appeal.”

And The Associated Press reports that “Both sides concede role for Kansas lawmakers in judicial operations as court ponders its power.”

Posted at 10:58 PM by Howard Bashman



“B.C. Supreme Court rules in favour of Trinity Western University law school; The largest Christian university in Canada, with about 4,000 students, requires staff and students sign a ‘Community Covenant’ in which they pledge to maintain Biblical ideals and eschew sex outside of traditional heterosexual marriage”: The Vancouver Sun has this news update.

And CBC News reports that “Trinity Western law school decision overturned by B.C. Supreme Court; Procedural decision does not engage with ongoing conflict of charter rights issues.”

You can access today’s ruling of the Supreme Court of British Columbia at this link.

Posted at 10:52 PM by Howard Bashman



“Colorado Supreme Court hears case of man freed 90 years early”: The Associated Press has a report that begins, “Colorado’s highest court is considering whether to free a convict who was sent back to prison after being mistakenly released from a 98-year sentence decades early and reforming his life.”

Posted at 10:44 PM by Howard Bashman



“SCOTUS Tackles Affirmative Action, Again”: Joan Biskupic, Stuart S. Taylor, Jr., and Randall Kennedy were the guests on the first hour of WBUR of Boston’s “On Point” with Tom Ashbrook. You can access the audio via this link.

Posted at 10:35 PM by Howard Bashman



“Man who disrupted Supreme Court session on gay marriage is sentenced”: Spencer S. Hsu of The Washington Post has this report.

And Theodore Schleifer of CNN.com reports that “In hot-mic moment, Supreme Court justices laugh at protesters.”

Earlier, Tony Mauro of The National Law Journal reported that “Hot Mic Captures Justices’ Remarks During Court Protest” (subscription or registration required for full access). You can freely access the full text of this article via Google.

Posted at 10:22 PM by Howard Bashman



“Pa. Court of Judicial Discipline will consider suspension of Supreme Court Justice J. Michael Eakin”: Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has an updated report that begins, “The special court that will hear charges that state Supreme Court Justice J. Michael Eakin violated rules of judicial conduct in personal email exchanges is now considering suspending Eakin from the bench while the case-in-chief against him is heard.”

Posted at 10:14 PM by Howard Bashman



“Breyer’s Preferences Ploy: The canny liberal Justice tries to save race-freighted admissions.” This editorial will appear in Friday’s edition of The Wall Street Journal. You can freely access the full text of the editorial via Google.

Posted at 10:09 PM by Howard Bashman



“Justice Scalia under fire for race comments during affirmative action argument”: David G. Savage of The Los Angeles Times has this report.

Posted at 9:58 PM by Howard Bashman



“Disciplinary court orders Eakin to make a case for remaining in office”: Angela Couloumbis of The Philadelphia Inquirer has a news update that begins, “The state’s judicial ethics court on Thursday ordered Pennsylvania Supreme Court Justice J. Michael Eakin to make a case for why he should not be suspended while it weighs his fate in the pornographic email scandal.”

Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that “Pennsylvania Court of Judicial Discipline launches interim suspension proceeding in Eakin case.”

Brad Bumsted of The Pittsburgh Tribune-Review reports that “Judicial court sets hearing for Supreme Court justice on lewd emails.”

And The Associated Press reports that “Judicial ethics court tells Pennsylvania Justice Eakin he may be suspended over raunchy emails.”

Posted at 8:00 PM by Howard Bashman



“Study: Scalia Better Off in ‘Less Advanced’ Court.” Andy Borowitz has this post online today at The New Yorker.

Posted at 4:56 PM by Howard Bashman



“Did Scalia’s Comments on Black Students Match the Facts?” Jess Bravin has this post today at WSJ.com’s “Law Blog.”

Posted at 2:03 PM by Howard Bashman



“3rd Circ. Plans Sweeping Hearing In NJ Sports Betting Case”: Jeannie O’Sullivan of Law360.com has an article (subscription required for full access) that begins, “Attorneys poised to argue the merits and drawbacks of sports betting in New Jersey can expect a comprehensive examination by judges when the Third Circuit reviews its decision striking down a law allowing that type of gambling, the appeals court said Wednesday.”

The Third Circuit has scheduled the en banc rehearing to occur at 11 a.m. eastern time on February 17, 2016.

Posted at 1:18 PM by Howard Bashman



“Degrading emails by justice officials despicable; Sexual assault survivors cannot trust a justice system that mocks sexism, racism”: Delilah Rumburg has this essay online at The York (Pa.) Daily Record.

Posted at 1:14 PM by Howard Bashman



“Downtown streets reopened after bomb scare”: The Cincinnati Enquirer has a news update that begins, “Cincinnati Police have reopened The Potter Stewart U.S. Courthouse Downtown after bomb threat caused the building to be locked down.”

Posted at 1:08 PM by Howard Bashman



“Guns and Thunder on the Supreme Court’s Right”: Linda Greenhouse has this essay online today at The New York Times.

Posted at 1:05 PM by Howard Bashman



Programming note: This morning, I will be meeting with trial counsel in a potential new appeal. As a result, additional posts will appear here this afternoon.

In the interim, appellate-related retweets are likely to appear on this blog’s Twitter feed, which last night reached 5,000 followers.

Posted at 7:50 AM by Howard Bashman



“Justice on trial”: Today’s edition of The Philadelphia Inquirer contains an editorial that begins, “The Pennsylvania judiciary’s slumbering watchdog has stirred. The Judicial Conduct Board has at long last charged J. Michael Eakin — spousal abuse humorist, self-proclaimed “titty deficit” hawk, and state Supreme Court justice — with tarnishing his office by sending and receiving prejudiced and profane emails.”

Today’s edition of The LNP of Lancaster, Pennsylvania contains an editorial titled “Time for Eakin to go? ‘John Smith’ emails impossible to defend.”

Today’s edition of The Scranton Times-Tribune contains an editorial titled “State judiciary needs upgrade.”

The Express-Times of Easton, Pennsylvania has an editorial titled “Panella a solid choice to hear Porngate charges against Eakin.”

And today’s edition of The Pittsburgh Tribune-Review contains an editorial titled “Eakin’s emails: Reprimand him.”

Posted at 7:48 AM by Howard Bashman