How Appealing



Thursday, December 31, 2009

“Montana 3rd state to allow doctor-assisted suicide”: The Associated Press has a report that begins, “The Montana Supreme Court said Thursday that nothing in state law prevents patients from seeking physician-assisted suicide, making Montana the third state that will allow the procedure.”

You can access today’s ruling of the Supreme Court of Montana at this link. And you can access the briefs filed in the case via this link.

Posted at 4:00 PM by Howard Bashman



Superior Court of Pennsylvania overturns trial court’s entry of judgment notwithstanding the verdict against plaintiff who had won at trial in a hormone replacement therapy breast cancer case: You can access today’s ruling, by a unanimous three-judge panel, at this link.

This is a case in which I serve as appellate counsel for the plaintiff/appellant. I previously furnished online access to the plaintiff’s appellate briefs in this post that appeared on February 24, 2009, the date on which I argued the appeal.

Posted at 2:10 PM by Howard Bashman



“Prop. 8 campaign documents ruling reaffirmed”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court reaffirmed its ruling Wednesday that allowed sponsors of California’s ban on same-sex marriage to withhold campaign strategy documents from gay rights advocates who are seeking to overturn the ballot measure.” You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.

And in related news, The Associated Press reports that “Judge says televised Prop. 8 trial possible.”

Posted at 9:37 AM by Howard Bashman



“Court says US can stay mum about Guantanamo surveillance; Lawyers for Guantanamo detainees want surveillance records; An appeals court ruled Wednesday that agencies could refuse to confirm or deny the existence of such records for national security”: Warren Richey of The Christian Science Monitor has this report.

The Associated Press reports that “Court rules US can keep secrets in surveillance.”

law.com reports that “2nd Circuit Rejects Lawyers’ Petition for Records of Intercepted Calls.”

And at Wired.com’s “Threat Level” blog, David Kravets has a post titled “Court: Feds Can Hide Alleged Spying on Gitmo Lawyers.”

My earlier coverage of yesterday’s Second Circuit ruling appears at this link.

Posted at 9:30 AM by Howard Bashman



“‘Why the delay’ on campaign-finance case? Supreme Court observers await ruling on corporate spending during elections.” Joan Biskupic had this article yesterday in USA Today.

Plus, Joan now has a blog where she gets to post about provocative issues such as who will be the next U.S. Supreme Court Justice to retire.

Speaking of which, next week Justice David H. Souter makes his long-awaited reappearance behind the bench for oral arguments at the U.S. Court of Appeals for the First Circuit. Perhaps this time he’ll stick around long enough to actually decide some cases.

Posted at 9:14 AM by Howard Bashman



“No right to bear unlicensed machine guns, federal court says; Tennessee State Guard commander Richard Hamblen said it’s his Second Amendment right as part of a militia to convert assault rifles into fully automatic weapons; The Sixth US Circuit Court of Appeals disagreed”: Warren Richey of The Christian Science Monitor has this report.

My earlier coverage of yesterday’s Sixth Circuit ruling appears at this link.

And in other Second Amendment-related news, Orin Kerr notes at “The Volokh Conspiracy” that the Brief for Respondents has been filed in the U.S. Supreme Court case captioned McDonald v. City of Chicago.

Posted at 9:07 AM by Howard Bashman