How Appealing


Sunday, July 24, 2016

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Posted at 04:00 PM by Howard Bashman




"D.C. Circuit Review -- Reviewed: Resolved Redux." Aaron Nielson had this post yesterday at the "Notice & Comment" blog of the Yale Journal of Regulation.
Posted at 03:54 PM by Howard Bashman




"Supreme Court ruling denies second chance for inmates; PA Supreme Court: Inmates serving mandatory minimums can't retroactively challenge them." Riley Yates of The Morning Call of Allentown, Pennsylvania has this report.
Posted at 02:03 PM by Howard Bashman




"N.J. Supreme Court to decide if government metadata is public": Jan Hefler of The Philadelphia Inquirer has an article that begins, "The New Jersey Supreme Court has agreed to hear a case brought by an open-government activist who contends that the public should be allowed to view electronic data and metadata kept by local government agencies."
Posted at 01:50 PM by Howard Bashman




"Behind the Supreme Court's Abortion Decision, More Than a Decade of Privately Funded Research; Research funded by the Susan Thompson Buffett Foundation and others not only helped spur the nation's top court to strike down key parts of a Texas abortion law, but also has fueled a string of other changes making abortion more accessible": Nina Martin of ProPublica has this report.
Posted at 01:45 PM by Howard Bashman




"Colorado baker wants U.S. Supreme Court to hear gay wedding cake case; The Colorado Supreme Court decided last month not to hear the case": Yesenia Robles of The Denver Post has this report.

In addition, the newspaper has published an essay by Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, titled "Why I'm asking the U.S. Supreme Court to protect artistic freedom."
Posted at 01:40 PM by Howard Bashman




"Presidential Election Will Shape Supreme Court, and National Policies, for Years to Come; Evenly split bench is likely to shift with appointment of Scalia successor and two or more justices retiring": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
Posted at 01:34 PM by Howard Bashman




Saturday, July 23, 2016

"Anthony Kennedy's 80th Birthday and Trump's Legacy": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 02:03 PM by Howard Bashman




"Indiana Court of Appeals tosses Granger woman's feticide conviction": Margaret Fosmoe of The South Bend Tribune has this report.

Brian Eason of The Indianapolis Star reports that "Indiana court overturns Purvi Patel feticide conviction."

The Associated Press reports that "Indiana court tosses woman's feticide conviction."

The Indiana Lawyer reports that "COA tosses feticide conviction, says statute doesn't apply to self abortion."

And online at Slate, Christina Cauterucci has an essay titled "Court Vacates Purvi Patel's Feticide Conviction, Landing a Blow Against 'Personhood' Laws."

You can access yesterday's ruling of the Court of Appeals of Indiana at this link.
Posted at 01:42 PM by Howard Bashman




"Alaska Supreme Court rejects parent-notification law for abortions": Nathaniel Herz of Alaska Dispatch News has an article that begins, "The Alaska Supreme Court has invalidated the state law requiring physicians to give two days notice to parents before performing abortions on girls under 18 years of age."

You can access yesterday's ruling of the Supreme Court of Alaska at this link.
Posted at 11:20 AM by Howard Bashman




"This Is What 'Travesty of Justice' Looks Like": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Call it Scalia's revenge."
Posted at 11:12 AM by Howard Bashman




"U.S. seeks nationwide advice on birth-control dispute": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:09 AM by Howard Bashman




"Justices Ignored: The Supreme Court is the most important issue of the election for Republicans; So they're not talking about it." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:07 AM by Howard Bashman




"Va. Supreme Court strikes down McAuliffe's order on felon voting rights": Graham Moomaw of The Richmond Times-Dispatch has this report.

In today's edition of The Washington Post, Fenit Nirappil and Jenna Portnoy have a front page article headlined "Va. high court invalidates McAuliffe's order restoring felon voting rights."

Dave Boyer of The Washington Times reports that "McAuliffe begins to grant voting rights for convicted felons individually after court ruling."

The Associated Press reports that "Virginia court strikes down order giving felons voting right."

And Reuters reports that "Virginia's top court rules against move to restore felons' voting rights."

You can access yesterday's 4-to-3 ruling of the Supreme Court of Virginia at this link.
Posted at 10:55 AM by Howard Bashman




"Scott Walker picks Waukesha lawyer Daniel Kelly for seat on Supreme Court": Molly Beck of The Wisconsin State Journal has an article that begins, "Gov. Scott Walker has picked Daniel Kelly -- a conservative Waukesha lawyer who has built a lengthy career in commercial litigation -- to join the state Supreme Court."

And Patrick Marley of The Milwaukee Journal Sentinel reports that "Scott Walker names Daniel Kelly to high court." According to the article, "Kelly -- who in his application called affirmative action and slavery the same morally -- will replace retiring Justice David Prosser on Aug. 1, the start of the court's new term."
Posted at 10:46 AM by Howard Bashman




Friday, July 22, 2016

"Appeals courts split on seizing assets connected to state terror sponsors": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:15 PM by Howard Bashman




Ninth Circuit hands victory to Las Vegas strip club Crazy Horse III in trademark dispute: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:54 PM by Howard Bashman




"Colin O'Kroley googled himself and did not like the results." So begins an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

As the opinion's concluding paragraph notes, even before today's ruling, the case already had its own Wikipedia entry.
Posted at 01:32 PM by Howard Bashman




"Strange question on the Vineyard: Who owns a beach that has moved?" Frank Phillips of The Boston Globe has this report.

According to the article, "The matter has occupied the state Land Court, the Appeals Court, the Supreme Judicial Court, and the Legislature. Just recently, the SJC threw up its hands over the situation, rejecting a plea from lawmakers to help sort out the ownership dispute because their questions were too murky."
Posted at 01:24 PM by Howard Bashman




"Zubik remand developments": Marty Lederman had this post yesterday at "Balkinization."
Posted at 12:09 PM by Howard Bashman




"The Clerk, The Thief, His Life as a Baker: Ashton Embry and the Supreme Court Leak Scandal." In 2002, John B. Owens published an article bearing that title in the Journal of Supreme Court History, a publication of the Supreme Court Historical Society.

Since April 2014, the article's author has been more commonly known by his current job title, Ninth Circuit Judge John B. Owens. Owens reached the federal appellate bench after compiling a notable record of academic, judicial clerkship, and work-related achievements. This year, he celebrates his 45th birthday. Already, Judge Owens has distinguished himself as an appellate judicial writer of note, including interesting observations and notable turns of phrases in his opinions.

Yesterday, I had this post linking to a report on a talk that Judge Owens recently presented at the University of Chicago Law School about the Ashton Embry matter.

I am now pleased to be able to post online, with the permission of the article's author, this PDF copy of the article that Owens published back in 2002 in the Journal of Supreme Court History on this interesting subject.
Posted at 10:25 AM by Howard Bashman




"Appeals court won't let journalist convicted in hacking case stay out of jail pending appeal": Josh Gerstein of Politico.com has this blog post.
Posted at 10:03 AM by Howard Bashman




"Appeals court asked to delay acting on McDonnell case": Frank Green has this article in today's edition of The Richmond Times-Dispatch.
Posted at 10:02 AM by Howard Bashman




"How the G.O.P. Outsourced the Judicial Nomination Process": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:00 AM by Howard Bashman




Thursday, July 21, 2016

"Museums win bid to keep antiquities": The Chicago Daily Law Bulletin has an article that begins, "A federal appeals court Tuesday declined to clear the way for victims of a terrorist attack financed by Iran to use ancient Persian artifacts to help satisfy a $71.5 million judgment against that nation."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:16 PM by Howard Bashman




"Why do securities class actions drag on once SCOTUS gets involved?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:15 PM by Howard Bashman




"Texans may use postcard, affidavit for voter ID after court faults law": Jon Herskovitz of Reuters has this report.
Posted at 08:09 PM by Howard Bashman




"Southwest, Delta feud over Love Field headed back to court": Dallas Business Journal has an article that begins, "Southwest Airlines and Delta have received a Sept. 26 court date for oral arguments to a federal appeals panel in the carriers' feud over gate space at Dallas' Love Field."
Posted at 07:54 PM by Howard Bashman




"Rulings may make voter ID laws presidential race nonfactors": The Associated Press has this report.
Posted at 07:20 PM by Howard Bashman




"Burning the Flag Is OK, But Starting Fires Sometimes Isn't": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "The man who established the constitutional right to burn the American flag almost 30 years ago may go to prison for doing the same thing outside the Republican National Convention in Cleveland yesterday."
Posted at 04:26 PM by Howard Bashman




"90 Second Recess with Bloomberg BNA": Josh Blackman has this post today at his blog. You can view the video of Blackman's interview with Kimberly Robinson of Bloomberg BNA via this link.
Posted at 04:22 PM by Howard Bashman




"The Clerk, The Thief, His Life As A Baker: Visiting Judge Tells Story of 1919 Supreme Court Leak." Chinwe Chukwuogo has this post online at the web site of the University of Chicago Law School.
Posted at 04:08 PM by Howard Bashman




"ACLU Taps Constitutional Expert David Cole as National Legal Director; High-Profile Litigator, Scholar, and Prominent Author Will Direct Legal Program for Premier Civil Liberties Organization": The American Civil Liberties Union issued this news release today.
Posted at 04:02 PM by Howard Bashman




"SCOTUS Usually Steers Clear of Politics . . . Sort of": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 03:56 PM by Howard Bashman




"Government Playbook for Prosecutors Should Be Public": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:54 PM by Howard Bashman




"Texas voter photo ID law nullified": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And in today's edition of The Austin American-Statesman, Julie Chang and Tim Eaton have a front page article headlined "Appeals court strikes down Texas voter ID law."
Posted at 03:48 PM by Howard Bashman




"The Voting Rights Act Might Get Some Teeth Back: Thanks to an appeals ruling, Texas' discriminatory voting laws could end up under federal oversight." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.

And online today at Bloomberg View, law professor Noah Feldman has an essay titled "Political Reality Smacks Down Texas' Voter ID Law."
Posted at 03:36 PM by Howard Bashman




"Suit: Wording of Pa. referendum on judges' retirement age 'deceitful'": Angela Couloumbis of The Philadelphia Inquirer has an article that begins, "Two former Pennsylvania Supreme Court justices and one of the region's most prominent lawyers filed suit Thursday to stop an eleventh-hour change in wording to an upcoming ballot question raising the retirement age for judges, calling it an attempt to hoodwink voters and influence the outcome."

In the April 2016 installment of my monthly "Upon Further Review" column published in The Legal Intelligencer -- headlined "Delay of Vote on Judicial Retirement Age Could Make One Cynical" -- I offered a similar take on the delay and rewording of Pennsylvania's judicial retirement age increase ballot proposal.
Posted at 02:41 PM by Howard Bashman




"Judge Garland's Nomination, Day 126": Jeffrey Rosen had this op-ed in yesterday's edition of The New York Times.
Posted at 07:14 AM by Howard Bashman




Wednesday, July 20, 2016

"[A] federal judge always is disqualified from hearing a collateral attack on a judgment he or she entered or affirmed as a state judge": So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in an opinion that Circuit Judge Frank H. Easterbrook issued today.
Posted at 11:44 PM by Howard Bashman




"Court reinstates Ohio's Freddie Mac suit over pension losses": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:35 PM by Howard Bashman




"Pants on fire: Man ignites himself while burning American flag outside RNC." Adam Ferrise of The Cleveland Plain Dealer has this report. According to the article, "A witness to the protest said Gregory Lee 'Joey' Johnson lit the flag on fire is now demanding that he be released from custody. Johnson is famous for a legal battle that set a U.S. Supreme Court precedent in 1989 that says burning an American flag is protected speech."

And The Associated Press reports that "Arrestee involved in original flag burning case."
Posted at 11:22 PM by Howard Bashman




"U.S. appeals court voids forfeiture of Iran-linked New York office tower": Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "US court reverses record forfeiture order over Iran assets."

You can access here and here today's two rulings of the U.S. Court of Appeals for the Second Circuit in this matter.
Posted at 11:14 PM by Howard Bashman




"Appeals court says Texas voter-ID law discriminates against minorities": Robert Barnes of The Washington Post has this report.

Manny Fernandez and Erik Eckholm of The New York Times report that "Federal Court Rules Texas' ID Law Violates Voting Rights Act."

Jess Bravin of The Wall Street Journal reports that "Federal Court Orders Texas to Change Voter ID Law Before November; Ruling says law violates the Voting Rights Act."

Richard Wolf of USA Today reports that "Appeals court strikes down Texas voter ID law."

Jamie Lovegrove of The Dallas Morning News reports that "Appeals court calls Texas voter ID law discriminatory, orders changes."

Jon Herskovitz and Lawrence Hurley of Reuters report that "U.S. appeals court finds Texas voter ID law discriminatory."

The Associated Press has a report headlined "Appeals court: Texas voter ID law discriminates; orders fix."

Ariane de Vogue of CNN.com has an article headlined "Appeals court: Texas voter ID law violates Voting Rights Act."

Josh Gerstein of Politico.com has an article headlined "Appeals court: Texas voter ID law violates Voting Rights Act; Identification-check law looks likely to be watered down in November."

Jim Malewitz of The Texas Tribune reports that "Texas Voter ID Law Violates Voting Rights Act, Court Rules."

Kim Bellware of The Huffington Post reports that "Appeals Court Strikes Down Texas Voter ID Law As Violation Of Voting Rights Act; The nation's strictest voter ID law was ruled to be racially discriminatory."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Appeals Court Demands Changes To Texas Voter ID Law."

And at his "Election Law Blog," Rick Hasen has a post titled "Divided 5th Circuit Holds Texas Voter ID Law Violates Voting Rights Act."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:32 PM by Howard Bashman




"Still A Conservative Court": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 07:50 PM by Howard Bashman




"Perhaps previewing coming SCOTUS work in Beckles, four Eleventh Circuit judges make case against circuit's refusal to apply Johnson to guidelines": Douglas A. Berman had this post yesterday at his "Sentencing Law and Policy" blog about several quite interesting separate opinions that a few different judges serving on the U.S. Court of Appeals for the Eleventh Circuit issued recently.

Although eight of the 11 judges now in regular active service on the Eleventh Circuit were the appointees of Democratic presidents, that federal appellate court remains far from a liberal bastion when it comes to criminal justice matters. Nevertheless, as Berman's post explains, "Circuit Judges Wilson and (Jill) Pryor and Rosenbaum and Martin [recently issued separate opinions] all explaining why they think Matchett is so wrong and so troublesome as we await a SCOTUS ruling in Beckles." Four of the five judges whom President Obama has appointed to the Eleventh Circuit are women, and they have not hesitated to speak up when they disagree about the conservative path that the Eleventh Circuit has frequently chosen to follow in criminal justice matters.
Posted at 07:45 PM by Howard Bashman




"Justice Ginsburg: Political and Efficient All Wrapped Up in One." Adam Feldman had this post Monday at his "Empirical SCOTUS" blog.
Posted at 06:00 PM by Howard Bashman




Tuesday, July 19, 2016

"Court denies white supremacist Matthew Hale appeal": The Associated Press has a report that begins, "Another appeal by a white supremacist convicted in 2004 for soliciting the murder of a federal judge in Chicago has been rejected."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:02 PM by Howard Bashman




Seventh Circuit pens latest chapter of the Prenda Law saga: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

According to the opinion, "Hansmeier, Steele, and Duffy were the members of a shifting and overlapping set of law firms and business entities that a district court dubbed a 'porno-trolling collective.'"
Posted at 10:54 PM by Howard Bashman




"Arkansas execution case could lead court to revisit Oklahoma": The Associated Press has this report.
Posted at 09:02 PM by Howard Bashman




"Obama administration wants immigration case back at Supreme Court": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Immigration Case Deserves Another Day in the Supreme Court."
Posted at 08:55 PM by Howard Bashman







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