How Appealing


Wednesday, November 26, 2014

"Texas appeals court judge calls for abolishing death penalty": Allan Turner of The Houston Chronicle has this report.

The Texas Tribune has an article headlined "Criminal Appeals Judge Price: I Oppose Death Penalty."

And Chris Geidner of BuzzFeed reports that "Republican Texas Criminal Appeals Judge Calls For End To Death Penalty."

You can access the dissenting statement issued today at this link.
Posted at 11:52 PM by Howard Bashman




"The Supreme Court's New EPA Case Has More to Do With Climate Change Than You Think": Rebecca Leber has this essay online at The New Republic.
Posted at 10:18 PM by Howard Bashman




"Judge puts Arizona 'revenge porn' law on hold": The Associated Press has this report.
Posted at 10:14 PM by Howard Bashman




"Obamacare Returns To SCOTUS: Will John Roberts Crush It This Time?" Sahil Kapur of TPM DC has this report.
Posted at 10:12 PM by Howard Bashman




"Kern chosen for South Dakota Supreme Court": Today's edition of The Rapid City Journal contains an article that begins, "For the first time in South Dakota's history, the state Supreme Court will have two women among the five justices, and one of the two will be a Rapid City resident, Circuit Judge Janine Kern."
Posted at 08:52 PM by Howard Bashman




"High court to hear S.F. appeal of ruling in police-shooting suit": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
Posted at 08:45 PM by Howard Bashman




"'Notorious RBG' goes to the hospital; expect revived debate": Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:40 PM by Howard Bashman




"The Disgrace of Our Criminal Justice": Law professor David Cole has this book review in the December 4, 2014 issue of The New York Review of Books.
Posted at 06:05 PM by Howard Bashman




"Supreme Court faces a new frontier: Threats on Facebook." Richard Wolf of USA Today has this report.
Posted at 03:15 PM by Howard Bashman




"U.S. court rejects Motorola Mobility price-fixing appeal": Jonathan Stempel of Reuters has an article that begins, "A federal appeals court on Wednesday rejected Motorola Mobility LLC's attempt to hold several Asian suppliers liable under U.S. antitrust law for fixing prices of mobile phone displays sold to its foreign units."

Circuit Judge Richard A. Posner wrote today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.

My earlier coverage of this case (including discussion of Judge Posner's original, later-vacated, ruling on the merits) can be accessed here and here.
Posted at 01:50 PM by Howard Bashman




"Ginsburg has surgery for coronary blockage": Sam Hananel of The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery."

Greg Stohr of Bloomberg News reports that "Justice Ruth Bader Ginsburg Has Stent Implanted, Supreme Court Says."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court Justice Ginsburg recovering after heart procedure."

Adam Liptak of The New York Times has a news update headlined "Justice Ginsburg Undergoes Heart Procedure."

Robert Barnes of The Washington Post has a news update headlined "Justice Ginsburg has cardiac stent implanted, expected to be in hospital 2 days."

The Los Angeles Times has a news update headlined "Justice Ruth Bader Ginsburg recovering after heart procedure."

Jess Bravin of The Wall Street Journal has a news update headlined "Justice Ginsburg Undergoes Heart Procedure to Treat Coronary Blockage; Supreme Court Says Ginsburg 'Resting Comfortably' at Washington-Area Hospital." You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "Justice Ginsburg has stent implanted in heart."

The Washington Times reports that "Ruth Bader Ginsburg hospitalized for heart surgery."

And at "SCOTUSblog," Lyle Denniston has a post titled "Ginsburg has heart surgery."

The news release that the U.S. Supreme Court's public information office issued today can be accessed here.
Posted at 10:42 AM by Howard Bashman




"The Maverick -- A Biographical Sketch of Judge Richard Posner: Part II, The Will to Greatness." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:12 AM by Howard Bashman




Tuesday, November 25, 2014

The Ninth Circuit has posted numerous amicus briefs filed in connection with the rehearing en banc that will occur in Garcia v. Google, Inc. You can access the amicus briefs via this link.
Posted at 10:55 PM by Howard Bashman




"Supreme Court to Hear Challenge to Rules on Mercury From Power Plants": Adam Liptak and Coral Davenport will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court to hear challenge to EPA's power-plant emissions rule."

Richard Wolf and Maureen Groppe of USA Today report that "Supreme Court to review EPA mercury emission rules."

And in Wednesday's edition of The Wall Street Journal, Amy Harder and Brent Kendall will have an article headlined "Supreme Court to Review EPA Rule on Power Plant Emissions; Decision to Review Air Pollution Standards Represents a Setback for Obama Administration." You can freely access the full text of the article via Google.
Posted at 10:33 PM by Howard Bashman




In the December 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Court to weigh whether employers must accommodate pregnant workers with the same limits as others."

Stephanie Francis Ward has an article headlined "Prosecutors are using rap music to convince jurors of gang ties."

Elizabeth Earl has an article headlined "Law profs develop Supreme Court predictor to better understand court decisions."

The issue includes both the "8th Annual Blawg 100" and the "2014 Blawg 100 Hall of Fame."

And this month's installment of Bryan A. Garner's "On Words" column is titled "How are your punctuation skills? Try this comparison exercise to find out."
Posted at 10:22 PM by Howard Bashman




"4th Circuit makes new law: Remands based on fraud can be undone." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on an en banc ruling (containing a very interesting dissent) that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:37 PM by Howard Bashman




"SCOTUSblog on camera: Eric Schnapper (Part four)." At this link.
Posted at 04:26 PM by Howard Bashman




Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases.

In early coverage, The Associated Press reports that "High court to review EPA mercury limits" and "Court to weigh impact of disability law on police."

Greg Stohr of Bloomberg News reports that "EPA's Power Plant Mercury Rule Gets Review by U.S. Supreme Court."

Lawrence Hurley of Reuters reports that "Supreme court to weigh challenge to Obama mercury air pollution rule" and "U.S. justices to consider police conduct in arrest of disabled woman."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on disability rights, mercury pollution."
Posted at 02:25 PM by Howard Bashman




"Split Third Circuit panel concludes Allenye error can be harmless": Douglas A. Berman had this post at his "Sentencing Law and Policy" back on September 9, 2014 reporting on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued on that date.

Today, the Third Circuit issued an order granting rehearing en banc in the case.
Posted at 01:15 PM by Howard Bashman




"Do Online Death Threats Count as Free Speech?" Emily Bazelon will have this essay in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 11:20 AM by Howard Bashman




"Atheist group loses lawsuit to ban Colorado Day of Prayer": The Washington Times has this report.

And The Associated Press reports that "Colorado Supreme Court upholds Day of Prayer proclamations, reversing appeals court ruling."

You can access yesterday's ruling of the Supreme Court of Colorado at this link.
Posted at 08:30 AM by Howard Bashman




"Recount confirms Beasley's win in NC Supreme Court race": This article appears in today's edition of The News & Observer of Raleigh, North Carolina.
Posted at 08:24 AM by Howard Bashman




"Kentucky Supreme Court Justice Will T. Scott says he may seek GOP nomination for governor": The Lexington Herald-Leader has this report.
Posted at 08:22 AM by Howard Bashman




"Devil's Advocates: Thanks to conservative Supreme Court rulings, the government must support the Church of the Flying Spaghetti Monster and the Satanic Temple." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:20 AM by Howard Bashman




Monday, November 24, 2014

"Is Harvard Unfair to Asian-Americans?" Yascha Mounk will have this op-ed in Tuesday's edition of The New York Times.
Posted at 11:58 PM by Howard Bashman




"David Lat's Supreme Ambitions": Ilya Somin has posted this book review online today at "The Volokh Conspiracy."
Posted at 10:56 PM by Howard Bashman




"Do we need the Supreme Court to sort out our 'Choose Life' dispute?" The News & Record of Greensboro, North Carolina today has a blog post that begins, "The legal dispute over North Carolina's 'Choose Life' specialty plate could be heard by the U.S. Supreme Court."
Posted at 10:54 PM by Howard Bashman




"Priests for Life Vow to Appeal Mandate Decision to U.S. Supreme Court; The government's 'opt-out' does not allow us to exercise our religious freedom": Fr. Frank Pavone has this essay online.
Posted at 10:50 PM by Howard Bashman




"HHS's Burwell: Obamacare challenge before Supreme Court won't succeed." Tom Howell Jr. of The Washington Times has this news update.
Posted at 10:34 PM by Howard Bashman




"The Supreme Court Justices All Went to the Same Ivy League Schools. So What?" Anthony Franze has this essay online today at The New Republic.
Posted at 10:32 PM by Howard Bashman




"Why Pacer should (and should not) be like Edgar": Brian Browdie has this report online today at Quartz.
Posted at 09:25 PM by Howard Bashman




"HLS Library Book Talk | Laurence Tribe: 'Uncertain Justice: The Roberts Court and the Constitution.'" Harvard Law School posted this video online today at YouTube.
Posted at 09:10 PM by Howard Bashman




"Obama Foes Need Laws or Impeachment in Immigration Fight": Bloomberg News has this report.
Posted at 06:05 PM by Howard Bashman




"Re: Hijinks in the Ninth Circuit Clerk's Office." Ed Whelan has this follow-up post today at the "Bench Memos" blog of National Review Online.
Posted at 06:02 PM by Howard Bashman




"Governor names top Obama administration lawyer to California Supreme Court": Howard Mintz of The San Jose Mercury News has an update that begins, "Defying convention again in his picks for the California Supreme Court, Gov. Jerry Brown has decided to name a top Obama administration lawyer to a vacancy that has been lingering since early this year."

Maura Dolan of The Los Angeles Times has a news update headlined "Brown to nominate African American woman to California Supreme Court."

The Sacramento Bee has a blog post titled "Jerry Brown names Obama administration lawyer to California Supreme Court."

Dan Levine of Reuters reports that "African-American prosecutor named to California Supreme Court."

Profiles of nominee Leondra Kruger appeared at both WSJ.com's "Law Blog" and "The BLT: The Blog of Legal Times" in August 2010 when she was named acting principal deputy solicitor general in the U.S. Department of Justice.

The official news release announcing the nomination that California's Governor's office issued today is titled "Governor Brown Selects Leondra R. Kruger for California Supreme Court."
Posted at 03:48 PM by Howard Bashman




"Justices of the PA & U.S. Supreme Courts: Losing Civility?" The episode of The American Law Journal television program that I taped several weeks ago will air on TV tonight and is now available online via YouTube at this link.

Among the guests interviewed in studio, in addition to me, were law professor Garrett Epps, journalist Gina Passarella, and attorney J. Freedley Hunsicker, Jr. Video featuring comments from additional noteworthy guests -- including Lynn Marks of Pennsylvanians for Modern Courts; law professor Kermit Roosevelt; and former U.S. District Judge Edward N. Cahn -- also appears during the broadcast.
Posted at 03:40 PM by Howard Bashman




"Ex-Steelers player eyes Pennsylvania high court": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman




Answer in opposition to Third Circuit rehearing petitions filed today: One of the tasks I perform least frequently as an appellate attorney is drafting and filing answers in opposition to rehearing petitions filed in federal appellate courts.

Today, however, I filed such an answer in opposition. It came in an appeal in which my client prevailed before a three-judge panel of the U.S. Court of Appeals for the Third Circuit on October 17, 2014 by a 2-to-1 vote.

You can access the panel's opinion at this link. You can access the two rehearing petitions the defendants filed here and here. You can access the order requesting a response, which issued two Thursdays ago when I was in Dallas, at this link. And you can access my client's answer in opposition, filed today, at this link.
Posted at 03:14 PM by Howard Bashman




"SCOTUSblog on camera: Eric Schnapper (Part three)." You can access the video online at this link.
Posted at 01:30 PM by Howard Bashman




"Women still have a long way to go in judiciary": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
Posted at 01:28 PM by Howard Bashman




"Hacker threatens 'bombshell' after Ottawa city websites attacked": The Toronto Globe and Mail has a news update that begins, "A hacker who took down several official websites in Ottawa during the weekend, including those of the municipality, the local police and the Supreme Court of Canada, is threatening further actions Monday."
Posted at 01:24 PM by Howard Bashman




"New 10 Commandments monument being built after first monument smashed": The Associated Press has this report from Oklahoma City.
Posted at 01:22 PM by Howard Bashman




"Here Are All The Cases Of Sexual Harassment Thrown Out Because Of One Supreme Court Decision": Bryce Covert of ThinkProgress has this report today.
Posted at 01:15 PM by Howard Bashman




"In Justices' Calculations on Gay Marriage, a Legal Golden Ratio Looms": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman




"Dear Eleventh Circuit: Please don't 'football fire' Judge Mark Fuller, just fire him." Columnist Kyle Whitmire has this essay online at AL.com.
Posted at 10:48 AM by Howard Bashman




"The Maverick -- A Biographical Sketch of Judge Richard Posner: Part I." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:45 AM by Howard Bashman




"The Great Paper Caper: Someone swiped Justice Frankfurter's papers; What else has gone missing?" Jill Lepore has this article in the December 1, 2014 issue of The New Yorker.
Posted at 08:10 AM by Howard Bashman




"In Social-Media Era, When Is Free Speech Illegal? Top Court to Decide Whether Threats on Facebook Break Law." Jess Bravin has this article in today's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 08:00 AM by Howard Bashman




"In Partisan Washington, Health Law Faces Grave Legal Technicalities": John Harwood has this article in today's edition of The New York Times.
Posted at 07:54 AM by Howard Bashman




Sunday, November 23, 2014

"Class Action Rulings Fuel Court's Reputation; That's one factor the NLJ's Supreme Court team sees driving perception that Supreme Court favors business": Amanda Bronstad will have this article in tomorrow's edition of The National Law Journal.

You can freely access the full text of the article via Google.
Posted at 09:55 PM by Howard Bashman




"Judicial elections getting more political with new campaign spending": This front page article appears in today's edition of The Los Angeles Times.
Posted at 09:46 PM by Howard Bashman




"Supreme Court case tests the limits of free speech on Facebook and other social media": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 09:42 PM by Howard Bashman




"Campus Injustice: College disciplinary boards operating in secret impose slight penalties for violence as serious as rape and death." Today's edition of The Columbus (Ohio) Dispatch contains this lengthy front page article.
Posted at 01:20 PM by Howard Bashman




"As Gay Marriages Rise, Now Comes The Case For Same-Sex Divorce": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:08 PM by Howard Bashman




"On Obamacare, the G.O.P. Lays a Trap for Itself": James Surowiecki had this post online last week at The New Yorker.
Posted at 01:03 PM by Howard Bashman




"Ottawa police, Supreme Court websites shut down after possible hack; Aerith, group that hacked City of Ottawa website Friday, claims responsibility": CBC News has this report.
Posted at 12:57 PM by Howard Bashman




"Four words that could deep-six Obamacare": Richard Wolf of USA Today has this report.
Posted at 12:55 PM by Howard Bashman




"'He'll Be Fabulous'; Judge Sid Thomas to become 9th Circuit's new chief judge": In today's edition of The Billings (Mont.) Gazette, Clair Johnson has a front page article that begins, "On Dec. 1, 9th U.S. Circuit Court of Appeals Judge Sidney R. Thomas of Billings will become the circuit's new chief judge."

In addition, Johnson today also has a related front page article headlined "Friends, colleagues praise Thomas as 'remarkable.'"
Posted at 09:50 AM by Howard Bashman




"Brooklyn federal judge lauded by Supreme Court Justice Sonia Sotomayor as he gains senior status; The Supreme Court justice hailed Brooklyn Federal Judge Nicholas Garaufis as a 'mensch' during a ceremony marking his elevation in status on the bench": The New York Daily News has this report.
Posted at 09:37 AM by Howard Bashman




"Amicus: Mental Illness and the Death Penalty; Dahlia Lithwick talks with Scott Panetti's lawyer and a law professor about issues raised by Panetti v. Quarterman." Slate posted this podcast online yesterday.
Posted at 09:30 AM by Howard Bashman




Saturday, November 22, 2014

"Obama's overreach? Look in the mirror, Congress." Law professor Josh Blackman has this op-ed in today's edition of The Los Angeles Times.
Posted at 10:48 PM by Howard Bashman




"Legal battle over Prince Charles' letters reaches supreme court; After nine years, Guardian fight to force publication of 'black spider memos' to government ministers may be nearing end": The Guardian (UK) has an article that begins, "A nine-year battle to force the publication of a set of secret letters written by Prince Charles reaches the highest court in the UK next week."
Posted at 01:07 PM by Howard Bashman




"Supreme Court Declines to Peek at 'Pole Tax'": The Texas Tribune has this report.
Posted at 01:03 PM by Howard Bashman




"Judge rules against N.J. sports betting, but state plans to appeal": NJ.com has this report.
Posted at 10:40 AM by Howard Bashman




"Aereo Investors Lose a $95.6 Million Bet on Future of Television; According to bankruptcy papers, Aereo has just $4.6 million in cash left": Eriq Gardner had this post yesterday at the "Hollywood, Esq." blog of The Hollywood Reporter.

And today's edition of The New York Times contains an article headlined "Aereo Concedes Defeat and Files for Bankruptcy."
Posted at 10:27 AM by Howard Bashman




"Kagan discusses the Constitution, the Supreme Court and her time at Princeton": Princeton University issued this news release yesterday.
Posted at 10:06 AM by Howard Bashman







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