How Appealing

Friday, November 7, 2008

“Fla. law against civilians wearing military uniforms ruled too broad”: Online today at the First Amendment Center, David L. Hudson Jr. has a report that begins, “A Florida law prohibiting people from wearing military uniforms unless they are military servicemembers violates the First Amendment because it bars a substantial amount of protected speech, a Florida appeals court has ruled.”

And earlier this week, WFTV Orlando reported that “Charges Dropped For Man Who Wore Military Uniform At OIA.”

You can access last Friday’s ruling of Florida’s Fifth District Court of Appeal at this link.

Posted at 8:37 PM by Howard Bashman

“Kyl issues warning to Obama on Supreme Court appointments”: The Phoenix Business Journal has today posted online an article that begins, “Jon Kyl, the second-ranking Republican in the U.S. Senate, warned president-elect Barack Obama that he would filibuster U.S. Supreme Court appointments if those nominees were too liberal.”

Elsewhere, the organization People For the American Way has today issued a news release entitled “Exit Polls Say Supreme Court Was a Winning Issue for Obama.”

Posted at 5:24 PM by Howard Bashman

“Court to rule on arbitration case”: This afternoon at “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court agreed on Friday to clarify who may appeal a federal judge’s refusal to postpone a lawsuit until an arbitration of the underlying dispute goes forward.”

You can access today’s Order List of the U.S. Supreme Court at this link.

Posted at 4:11 PM by Howard Bashman

“Nichols found guilty in courthouse shootings; Jury still must decide if gunman is to be executed”: The Altanta Journal-Constitution has a news update that begins, “A Fulton County jury found courthouse shooter Brian Nichols guilty of the March 11, 2005 murder of four people in a killing spree that rocked the Atlanta area and Georgia’s judicial system and took more than three-and-a-half years to wind through the courts.”

And The Associated Press reports that “Jury finds Atlanta courthouse gunman guilty.”

Posted at 3:50 PM by Howard Bashman

“Ill. not required to issue ‘Choose Life’ plates”: The Associated Press provides a report that begins, “A federal appeals court ruled Friday that the Illinois secretary of state’s office does not have to issue specialty license plates bearing the slogan ‘Choose Life’ favored by anti-abortion forces. State officials are within their rights in trying to keep either viewpoint on the emotional issue of abortion off of Illinois license plates, the court said, reversing a January 2007 order from a lower court.”

Circuit Judge Diane S. Sykes wrote today’s opinion of the court for the U.S. Court of Appeals for the Seventh Circuit.

In January 2007, I had this post about the federal district court’s ruling in the case. And in November 2007, I had this post about the Seventh Circuit’s oral argument (10.1MB mp3 file) of the appeal.

Posted at 3:40 PM by Howard Bashman

“Ninth Circuit Reduces Punitive Damages Award; $60 Million Jury Award Reduced to $1.1 Million After Two Appeals”: Curt Cutting has this post today at the “California Punitive Damages” blog.

You can access today’s Ninth Circuit ruling, by a divided three-judge panel, at this link.

Posted at 3:24 PM by Howard Bashman

“Porn Prosecutors Seek Recusal of Entire 9th Circuit”: Today in The Daily Journal of California, John Roemer has an interesting front page article that begins, “Federal prosecutors have written to all 50 judges on the 9th U.S. Circuit Court of Appeals, asking them to consider recusing themselves from hearing accused pornographer Ira Isaacs’ appeal. The rare move is further fallout from the disclosure in June that Chief Judge Alex Kozinski’s Web site contained sexually explicit images.”

If I can obtain electronic copies of the parties’ Ninth Circuit filings on the recusal issue, I will post them online.

Posted at 12:58 PM by Howard Bashman

“On Concerns Over Gun Control, Gun Sales Are Up”: Today’s edition of The New York Times contains an article that begins, “Sales of handguns, rifles and ammunition have surged in the last week, according to gun store owners around the nation who describe a wave of buyers concerned that an Obama administration will curtail their right to bear arms.”

Posted at 10:37 AM by Howard Bashman

“Doctor: Joyce ‘obsessed’ about health.” The Erie (Pa.) Times-News today contains this article about the federal criminal fraud trial involving former Pennsylvania Superior Court Judge Michael T. Joyce.

Posted at 10:34 AM by Howard Bashman

“Nichols jurors to reconvene today; Deliberations continue: Panel has three options as it considers the defendant’s state of mind on March 2005, when four people were killed.” This article appears today in The Atlanta Journal-Constitution.

Posted at 10:27 AM by Howard Bashman

“Justices stay out of Long Branch eminent domain case”: The Newark (N.J.) Star-Ledger today contains an article that begins, “The state Supreme Court has declined to hear the spat between a group of Long Branch homeown ers and the city over its use of eminent domain for a massive oceanfront redevelopment project, dashing hopes for greater clarification of the bitterly contested land use policy.”

Posted at 8:42 AM by Howard Bashman

“The FDA’s risky prescription”: The Boston Globe today contains an editorial that begins, “For years, pharmaceutical companies have asked Congress to pass a law protecting them from liability lawsuits for drugs that have been approved by the US Food and Drug Administration. Members of Congress, knowing only too well the fallibility of the FDA in approving drugs and monitoring their safety after approval, have rightly refused.”

And The New York Times today contains an editorial entitled “The Court Confronts a Grievous Injury.”

Posted at 8:20 AM by Howard Bashman

“New solicitor general on Obama to-do list; Post is administration’s face at Supreme Court”: Joan Biskupic has this article today in USA Today.

Posted at 8:14 AM by Howard Bashman