How Appealing



Monday, January 11, 2010

“Fans should laud Brees for siding against NFL”: In yesterday’s edition of The San Francisco Chronicle, columnist Gwen Knapp had an essay that begins, “During a playoff bye weekend for his Saints, Drew Brees threw deeper than he had all season. The New Orleans quarterback submitted an op-ed piece to the Washington Post, saying that the Supreme Court should stiff-arm the NFL in an antitrust case the justices will hear on Wednesday.”

Posted at 12:18 PM by Howard Bashman



“Justices Decline Appeal on Student T-Shirts”: Mark Walsh has this post today at the “School Law” blog of Education Week.

Posted at 12:15 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court’s posting of today’s Order List appears to be delayed. Once the list is posted online, it should be available at this link. [Update at 10:29 a.m. — The Order list is now online.]

According to “SCOTUSblog,” the Court today did not grant review in any new cases, although the Court did call for the views of the Solicitor General in two cases.

The Court today also issued a summary reversal in McDaniel v. Brown, No. 08-559, a case arising from the Ninth Circuit.

In early news coverage, The Associated Press reports that “Supreme Court rejects school dress code challenge.”

Posted at 10:27 AM by Howard Bashman



“Prop. 8 trial begins today”: Bob Egelko has this article today in The San Francisco Chronicle. The newspaper also reports that “Berkeley couple to testify in trial.”

The Sacramento Bee reports today that “Prop. 8 federal case opens in S.F. today.”

Reuters reports that “Gay marriage ban goes on trial in California.”

Today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Gay Marriage Ban Goes On Trial In California.”

The Los Angeles Times contains an editorial entitled “The public and Prop. 8: In the age of YouTube, it’s only fitting that a court challenge to the amendment banning same-sex marriage is broadcast.”

The New York Times contains an op-ed by Edwin Meese III entitled “Stacking the Deck Against Proposition 8.”

And the organization American Foundation for Equal Rights has issued a news release headlined “Ted Olson to Make Opening Statement in Prop. 8 Trial; Trial on Unconstitutionality of Prop. 8 Begins in U.S. District Court; Plaintiffs To Testify First.”

Posted at 7:40 AM by Howard Bashman



Sunday, January 10, 2010

“Two Ideological Foes Unite to Overturn Proposition 8”: This article will appear Monday in The New York Times.

Monday’s edition of The Washington Post will contain an article headlined “Same-sex marriage set for big day in federal court.”

And in Monday’s edition of The Los Angeles Times, Maura Dolan will have an article headlined “Prop. 8 trial to include unprecedented testimony; Challengers of the same-sex marriage ban plan to call to the stand homosexual couples, experts on the history of sexual discrimination and marriage, and the architects of the ballot measure.”

Posted at 11:15 PM by Howard Bashman



“Abortion issue front and center in Roeder murder trial”: Today’s edition of The Wichita Eagle contains an article that begins, “When Scott Roeder’s murder trial begins Monday, the question won’t be whether or not he killed George Tiller.”

Posted at 11:07 PM by Howard Bashman



“U.S. Supreme Court could oveturn landmark Austin v. Michigan Chamber of Commerce case”: This article appears today in The Grand Rapids Press.

The Associated Press has a report headlined “Super Bowl-style corporate ads for candidates?

And today in The Los Angeles Times, Monica Youn has an op-ed entitled “Giving corporations an outsized voice in elections: Voters stand to lose out if the Supreme Court treats political spending by businesses and other big-money players as protected speech.”

Posted at 9:23 AM by Howard Bashman



Saturday, January 9, 2010

“High Court Returns to a Busy Schedule; As the new year begins, blockbuster opinions and maybe a retirement greet Supreme Court”: Tony Mauro of The National Law Journal has this report.

Posted at 10:33 PM by Howard Bashman



“The Conscience of a Conservative: The lifelong Republican who argued Bush v. Gore before the Supreme Court–and won–goes to court this week to overturn California’s ban on gay marriage. Huh?” This article will appear in the January 18, 2010 issue of Newsweek.

And Dan Levine of The Recorder, who will be providing live coverage of the trial via his Twitter account, has an article headlined “All Eyes on Federal Judge as Trial Starts Over Calif. Ban on Same-Sex Marriage.”

Posted at 10:20 PM by Howard Bashman



“This case presents one issue on appeal: whether the federal regulatory regime governing pharmaceuticals preempts state-law failure-to-warn claims against manufacturers of generic drugs.” So begins a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

Agreeing with a recent Eighth Circuit ruling that I previously covered here, the Fifth Circuit ruled yesterday that “[b]ecause state imposition of duties to warn on generic drug manufacturers neither renders compliance with federal regulation impossible nor obstructs the goals of that regulation, we AFFIRM the district court’s finding that Demahy’s state-law failure-to-warn claims are not preempted.”

Posted at 10:57 AM by Howard Bashman



“High Court ruling throws sand into wheels of justice”: Today’s edition of The Virginian-Pilot contains an article that begins, “U.S. Supreme Court Justice Antonin Scalia predicted that the ‘sky will not fall’ with a decision more than six months ago mandating that lab analysts testify in person to the validity of drug tests and alcohol screenings.”

And at “SCOTUSblog,” Lyle Denniston previews the oral argument in a post titled “A limit on Confrontation rights?

Posted at 10:50 AM by Howard Bashman



“Microsoft Renews Appeal Of $290 Million Verdict, Injunction”: Brent Kendall of Dow Jones Newswires has an article that begins, “Microsoft Corp. on Friday asked a federal appeals court to take a second look at its ruling last month that affirmed a $ 290 million patent infringement judgment against the software giant and barred the company from selling current versions of its flagship Word software.”

Posted at 10:45 AM by Howard Bashman



“Melvin lets loose with call for judicial reform”: Today’s edition of The Pittsburgh Tribune-Review contains an article that begins, “Sworn in Friday as a Supreme Court justice, Joan Orie Melvin pledged to make it her mission to ‘remove the stealth nature of the judiciary’ and called for specific reforms of the state court system.”

Posted at 10:38 AM by Howard Bashman



“Why Filling the 100 Lower Federal Court Vacancies Is a Key Priority”: Law professor Carl Tobias has this essay online at FindLaw.

Posted at 10:33 AM by Howard Bashman



Friday, January 8, 2010