How Appealing


Wednesday, September 2, 2015

"The Coming Liberal Disaster at the Supreme Court": Jeffrey Toobin has this post online today at The New Yorker.
Posted at 08:37 AM by Howard Bashman




"A Supreme Court Justice Will Appear as Guest on Stephen Colbert's Late Show": Mediaite has this report.
Posted at 08:35 AM by Howard Bashman




"Clerk in gay marriage fight once unlikely to wage moral war": The Associated Press has this report.

The Lexington Herald-Leader has a front page article headlined "Judge orders Rowan clerk to appear in court Thursday after she again denies marriage licenses."

And The Louisville Courier-Journal has a front page article headlined "Kim Davis gets Matt Bevin's 'absolute' backing."
Posted at 08:21 AM by Howard Bashman




"Sands China recruits Alan Dershowitz for lawsuit appeal": The Associated Press has this report.
Posted at 08:07 AM by Howard Bashman




"Alabama's gay marriage loss could cost taxpayers $200,000": Casey Toner of The Mobile Press-Register has this report.
Posted at 08:00 AM by Howard Bashman




"Court says Shelby County can't collect $2 million in legal fees for voting rights lawsuit": Kent Faulk of The Birmingham News has this report.

Lawrence Hurley of Reuters reports that "U.S. court denies $2 million legal fees to conservatives in voting rights case."

And at "SCOTUSblog," Lyle Denniston has a post titled "When is a Supreme Court victory not a win?"

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:56 AM by Howard Bashman




Tuesday, September 1, 2015

"Plaintiffs/Appellants Granted Panel Rehearing in 2257 Case": Mark Kernes of AVN News has this report.

And Rhett Pardon of XBIZ.com reports that "FSC Wins Rehearing in 2257 Case."

You can access today's order of the U.S. Court of Appeals for the Third Circuit granting panel rehearing at this link.

You can also access online the Free Speech Coalition's petition for rehearing, the federal government's response in opposition, and the reply in support of rehearing.
Posted at 10:42 PM by Howard Bashman




"Kim Davis cites God, crowd jeers gay couple": The Louisville Courier-Journal has a news update that begins, "Defying the Supreme Court, Rowan County Clerk Kim Davis said she was acting 'under God's authority' as she continued to deny marriage licenses Tuesday to gay couples, whose lawyers filed a motion to find her in contempt of court."

Alan Blinder and Richard Perez-Pena of The New York Times report that "Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court."

The Associated Press reports that "Kentucky clerk, citing God, defies courts on gay marriage."

And Cristian Farias of The Huffington Post reports that "Kentucky Can't Just Fire The Clerk Who Won't Give Marriage Licenses To Gay Couples: The benefits of being an elected official."
Posted at 08:33 PM by Howard Bashman




"Class actions and the separation of powers: a Spokeo debate." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:32 PM by Howard Bashman




"NY court refuses to hear appeals in chimp personhood case": The Associated Press has this report.
Posted at 01:33 PM by Howard Bashman




"California agrees to move thousands of inmates out of solitary confinement": The Los Angeles Times has this news update.

And Reuters reports that "California prisons to vastly reduce solitary confinement."
Posted at 01:32 PM by Howard Bashman




"Legal battle over First Amendment plays out at Denver courthouse; Dispute between police, protesters at Denver courthouse started with jury nullification pamphlet": Noelle Phillips has this front page article in today's edition of The Denver Post.
Posted at 10:58 AM by Howard Bashman




In the September 2015 issue of ABA Journal magazine: Kevin Davis has an article headlined "Those convicted as juveniles who are serving life without parole hope the court will go back in time."

Stephanie Francis Ward has an article headlined "States deal with religious and gay rights in the wake of same-sex marriage ruling."

Lorelei Laird has an article headlined "'Raging Bull' decision could rouse patent holders to sue decades after alleged infringement."

And the new installment of Bryan A. Garner's "On Words" column is titled "Good headings show you've thought out your arguments well in advance."
Posted at 08:25 AM by Howard Bashman




"The Latest: No marriage licenses at Kentucky clerk's office." The Associated Press has this report.
Posted at 08:22 AM by Howard Bashman




"Appeals court upholds Jesus statue on Montana mountain": The Associated Press has this report.

My earlier coverage of yesterday's unpublished Ninth Circuit ruling can be accessed here.
Posted at 07:26 AM by Howard Bashman




Monday, August 31, 2015

"Judges' procedural questions hint at skepticism on California death penalty ban": Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that "Federal judges hint they'll bow out of challenge to death penalty."

Howard Mintz of The San Jose Mercury News reports that "California death penalty under court microscope."

In Tuesday's edition of The New York Times, Erik Eckholm will have an article headlined "California Defends Its Review Process in Appeal to Preserve Death Penalty."

Reuters reports that "Appeals court looks reluctant to overturn California death penalty."

And The Associated Press reports that "Court considers challenge to California death penalty."

You can view the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:24 PM by Howard Bashman




"Supreme Court Says Kentucky Clerk Must Let Gay Couples Marry": Adam Liptak of The New York Times has this report.

Sandhya Somashekhar and Robert Barnes of The Washington Post report that "Supreme Court rejects county official's request in gay-marriage case."

David G. Savage of The Los Angeles Times has an article headlined "Kentucky clerk who refused to issue gay marriage licenses is out of luck: Supreme Court rejects her case."

Richard Wolf of USA Today reports that "Supreme Court says Kentucky clerk can't deny same-sex marriage licenses."

Greg Stohr of Bloomberg News reports that "Clerk Must Issue Gay-Marriage Licenses After High Court Rebuff."

Reuters reports that "U.S. Supreme Court denies Kentucky clerk request on gay marriage licenses."

And at "SCOTUSblog," Lyle Denniston has a post titled "Kentucky clerk loses on same-sex marriage plea."
Posted at 10:02 PM by Howard Bashman




"Supreme Court rules against clerk in gay marriage case": The Associated Press has a report that begins, "The U.S. Supreme Court has ruled against a Kentucky county clerk who says her Christian faith should exempt her from having to issue marriage licenses to same-sex couples."

You can access this evening's order of the U.S. Supreme Court at this link.

And in related coverage, The Louisville Courier-Journal has a news update headlined "Rowan clerk could face criminal prosecution."
Posted at 07:46 PM by Howard Bashman




"In the Execution Business, Missouri Is Surging; Defense lawyers call it a crisis; the state says it's just doing its job": Maurice Chammah has this article online today at The Marshall Project.
Posted at 04:27 PM by Howard Bashman




"US Supreme Court: Ex-Virginia gov to remain free for now." The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Former governor to remain free during appeal."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 04:25 PM by Howard Bashman




"[T]he government's continued authorization of the ["Big Mountain Jesus"] statue on federal land does not violate the Establishment Clause." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a non-precedential ruling issued today (via "Mirror of Justice").
Posted at 01:24 PM by Howard Bashman




"U.S. appeals court rules for Argentine central bank in bond case": Nate Raymond of Reuters has this report.

And Bloomberg News reports that "Argentine Central Bank Assets Can't Be Seized by Bondholders."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:07 PM by Howard Bashman




"Court to rule if California death penalty is cruel, unusual": The Associated Press has this report.
Posted at 01:00 PM by Howard Bashman




The death penalty in early America: In the September 7, 2015 issue of The New Yorker, Stacy Schiff has an "Annals of Terror" article titled "The Witches of Salem: In 1692, the Massachusetts Bay Colony executed fourteen women, five men, and two dogs for witchcraft."

Schiff's new book -- "The Witches: Salem, 1692" -- is scheduled for publication on October 27, 2015.
Posted at 10:10 AM by Howard Bashman




"Marshall Rothstein muses on nine years in Canada's Supreme Court; 'I do not view the court as being any opposition to the government,' retiring judge tells the Star; 'We're just trying to do our job'": Tonda MacCharles has this front page article in today's edition of The Toronto Star.
Posted at 08:22 AM by Howard Bashman




"Supreme Court's 'Long Conference': Where Appeals 'Go to Die.'" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

Liptak's report discusses, among other things, an article recently posted online at SSRN titled "Seasonal Affective Disorder: Clerk Training and the Success of Supreme Court Certiorari Petitions."
Posted at 08:15 AM by Howard Bashman




Sunday, August 30, 2015

"Off Their Front Porch: Protesters Have No Free-Speech Rights On Supreme Court Plaza; An appellate court ruled the Constitution doesn't apply with equal force on the high court's plaza." Cristian Farias of The Huffington Post has this report today.
Posted at 11:28 PM by Howard Bashman




"Kentucky clerk who opposes same-sex marriage turns to Supreme Court for help": David G. Savage of The Los Angeles Times has this report.
Posted at 11:26 PM by Howard Bashman




"ELB Podcast Episode 3: Larry Lessig: Bold Campaign Reformer or Don Quixote?" Rick Hasen has this post today at his "Election Law Blog."

And if you missed episode two of the ELB Podcast, it was titled "Floyd Abrams, Citizens United, Free Speech, and the Supreme Court."
Posted at 10:44 PM by Howard Bashman




"West Point professor calls on US military to target legal critics of war on terror; US military academy official William Bradford argues that attacks on scholars' home offices and media outlets -- along with Islamic holy sites -- are legitimate": Spencer Ackerman of The Guardian (UK) has this report.

You can view the article as published in the National Security Law Journal (whose home page now includes an apology for publishing the article) at this link.
Posted at 10:14 PM by Howard Bashman




"The Rehabilitationists: How a small band of determined legal academics set out to persuade the Supreme Court to undo the New Deal -- and have almost won." Brian Beutler has this article online at The New Republic.
Posted at 09:32 PM by Howard Bashman




Saturday, August 29, 2015

"California Death Penalty, Struck Down Over Delays, Faces Next Test": Erik Eckholm will have this article in Sunday's edition of The New York Times.

The three judges assigned to hear and decide the case being argued Monday in the U.S. Court of Appeals for the Ninth Circuit are Circuit Judges Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford.
Posted at 10:37 PM by Howard Bashman




Friday, August 28, 2015

"Protesters have no free-speech rights on Supreme Court's front porch": Robert Barnes of The Washington Post has this report.
Posted at 08:50 PM by Howard Bashman




"Demonstrators Can't Use Supreme Court's Outdoor Plaza, Appeals Court Says": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 07:30 PM by Howard Bashman




"A misleading story about Justice Thomas": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 06:09 PM by Howard Bashman




"Gay couple turned away 3rd time by Rowan clerk": The Louisville Courier-Journal has this report.

And The Associated Press reports that "Clerk asks US Supreme Court to intervene in marriage case."
Posted at 04:33 PM by Howard Bashman




"D.C. appeals court lifts injunction against NSA's bulk-collection program": David G. Savage of The Los Angeles Times has this news update.

James Risen of The New York Times has a news update headlined "N.S.A. Phone Data Collection Backed by Appeals Court."

The Washington Post reports that "A D.C. appeals court has lifted an injunction against the NSA phone call records program."

Richard Wolf of USA Today reports that "Court upholds NSA sweep of phone records."

Stephen Dinan of The Washington Times reports that "Appeals court backs NSA phone-snooping, overturns Klayman victory."

And at "Just Security," Steve Vladeck had a post titled "Better Never Than Late? The D.C. Circuit's Problematic Standing Holding in Klayman."
Posted at 01:20 PM by Howard Bashman




"Sports Gambling Law Is Unfair to New Jersey": Law professor Noah Feldman has this essay online today at Bloomberg News.
Posted at 01:04 PM by Howard Bashman




"Appeals court upholds protest ban on Supreme Court plaza": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Appeals court says Supreme Court can ban protests on plaza."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:56 AM by Howard Bashman




"Appeals court reverses ruling that found NSA program illegal": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

In other coverage, Lawrence Hurley of Reuters reports that "U.S. court rules for government over NSA metadata collection program."

And Bloomberg News reports that "U.S. Appeals Court Sends NSA Collection Challenge Back to Judge."
Posted at 11:52 AM by Howard Bashman







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