How Appealing



Tuesday, December 14, 2010

“U.S. to Appeal Health Ruling; Move Advances Constitutional Struggle Likely to Reach Supreme Court by 2012”: Jess Bravin will have this article Wednesday in The Wall Street Journal.

Posted at 10:42 PM by Howard Bashman



“Advise and Obstruct”: Wednesday’s edition of The New York Times will contain an editorial that begins, “The Senate’s power to advise and consent on federal judicial nominations was intended as a check against sorely deficient presidential choices.”

Posted at 10:35 PM by Howard Bashman



“Justices review whether spitting deserves harsh prison term; Nye County man sentenced after confronting ex-girlfriend”: This article will appear Wednesday in The Las Vegas Review-Journal.

Posted at 10:33 PM by Howard Bashman



“Senate is Still Working on Judicial Nominees”: David Ingram has this post today at “The BLT: The Blog of Legal Times.”

Posted at 4:28 PM by Howard Bashman



She is a she: The U.S. Court of Appeals for the Ninth Circuit today issued its ruling in a case captioned She v. Holder.

She happens to be female, and thus the opinion is replete with sentences such as, “She first argues that the BIA and IJ improperly concluded that she had firmly resettled in Taiwan because she fraudulently obtained her Taiwanese passport and household registration.”

Posted at 2:16 PM by Howard Bashman



Email privacy, on appeal: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a very lengthy decision on the latest round of appeals in the case captioned United States v. Warshak.

The opinion of the court, written by Circuit Judge Danny J. Boggs, begins, “Berkeley Premium Nutraceuticals, Inc., was an incredibly profitable company that served as the distributor of Enzyte, an herbal supplement purported to enhance male sexual performance.”

In June 2009, Information Week previewed this latest set of appeals in an article headlined “U.S. Court Weighs E-mail Privacy, Again; At issue: whether e-mail messages deserve the same privacy protection as telephone calls.”

Update: At “The Volokh Conspiracy.” Orin Kerr has a post titled “Sixth Circuit Rules that E-Mail Protected by the Fourth Amendment Warrant Requirement.”

Posted at 11:34 AM by Howard Bashman



“Judge Voids Key Element of Obama Health Care Law”: This article appears today in The New York Times, along with articles headlined “Years of Wrangling Lie Ahead for Health Care Law“; “Just One Ruling, But an Outsize One“: and “Law Will Proceed, Administration Says.” The newspaper also contains an editorial entitled “The Latest Health Care Decision.”

Today’s edition of The Washington Post contains articles headlined “Judge tosses part of health-care law” and “Fate of law probably up to high court.” In addition, Eric H. Holder Jr. and Kathleen Sebelius have an op-ed entitled “Health reform will survive its legal fight.”

In The Los Angeles Times, Noam N. Levey and David G. Savage report that “Key healthcare provision voided by federal judge; A requirement that Americans buy insurance — the central provision of Obama’s signature domestic achievement — is unconstitutional, the ruling says.”

Jess Bravin of The Wall Street Journal reports that “Judges Divided on Health-Care Law.” The newspaper also contains an article headlined “Court Strikes at Health Law; Judge Rules Mandatory Insurance Unconstitutional; First Round of Long Battle.”

In USA Today, Richard Wolf and Joan Biskupic report that “Health law loses in court challenge.”

Margaret Talev and Michael Doyle of McClatchy Newspapers report that “Virginia federal judge rules health care law unconstitutional.”

The Christian Science Monitor has articles headlined “Health care law: why federal judge struck key provision down; Health care reform includes an individual mandate, requiring everyone purchase health insurance; A federal judge ruled Monday that the law is unconstitutional, but two other judges have issued decisions upholding the law” and “Health care ruling: Are Obama’s reforms in trouble? A federal judge rules that the central element of Obama’s health care law violates the Constitution; Republicans are touting the ruling as a victory, but it might not be long-term.”

The Richmond Times-Dispatch reports that “Judge deals blow to health-care law.”

The Associated Press reports that “Long legal fight ahead for health law.”

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled “Dream a Little Dream: Why the Cuccinelli health care win in Virginia matters more than you think.”

Posted at 11:24 AM by Howard Bashman



“High court may decide on state’s bid for revenue”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The U.S. Supreme Court asked the Obama administration Monday to weigh in on whether California can require Indian tribes to share hundreds of millions of dollars in gambling revenue with the state when they expand their casinos.”

A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued its ruling in the case in April 2010.

The San Diego Union-Tribune covered the Ninth Circuit’s ruling in an article headlined “Court rules for tribes on profit sharing; Appellate decision big blow to governor.”

Posted at 8:25 AM by Howard Bashman



“Brother-Lee love! Lefty ace picks Philly; Cliff-hanger: Yanks, Texas turned down.” Todd Zolecki of MLB.com has this report.

Posted at 8:06 AM by Howard Bashman