How Appealing



Thursday, April 22, 2010

“Government to appeal ruling against Prayer Day”: The Associated Press has a report that begins, “The Obama administration said Thursday it will appeal a court decision that found the National Day of Prayer unconstitutional.”

Posted at 5:04 PM by Howard Bashman



“Nine Supreme Court justices? Why not stick with eight? There haven’t always been nine Supreme Court justices; In 1866, Congress reduced the Supreme Court to eight justices in protest against President Andrew Johnson.” Peter Grier of The Christian Science Monitor has this report.

Posted at 4:08 PM by Howard Bashman



“Tough enforcement against illegal immigrants is decried; Advocates say the deportation case against one Nevada couple highlights the continued harassing of many who pose no threat — despite Obama’s promises to target bad actors and help legalize others”: Today’s edition of The Los Angeles Times contains an article that begins, “When the Obama administration went before California’s 9th Circuit Court last year seeking to deport a middle-class couple from Nevada, one judge criticized the government’s case as ‘horrific.’ Another labeled it the ‘most senseless result possible.’ A third complained of ‘an extraordinarily bad use of government resources.'”

Posted at 3:57 PM by Howard Bashman



“Congressman tries again on animal cruelty law; Rep. Elton Gallegly introduces a narrower bill after the Supreme Court rejects a 1999 law that made it a federal crime to sell so-called animal crush videos”: The Los Angeles Times contains this article today.

Posted at 3:54 PM by Howard Bashman



“Judge Who Sentenced Madoff Confirmed to 2nd Circuit”: At “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “The U.S. Senate today unanimously confirmed Judge Denny Chin to the U.S. Court of Appeals for the 2nd Circuit, as Democrats continued to inch through a backlog of lower-court judicial nominees.”

Posted at 3:42 PM by Howard Bashman



Programming note: I’ll be attending the oral argument of post-trial motions midday today in a case I’m working on that will soon be heading to appeal. Additional posts will appear here later this afternoon.

Posted at 10:03 AM by Howard Bashman



“Obama Meets With Senators in Effort to Speed Court Choice”: This article appears today in The New York Times.

The Chicago Tribune reports today that “2nd Chicago judge in the mix for Supreme Court nominee; Ann Claire Williams is the first African-American to serve on 7th U.S. Circuit Court of Appeals.”

In USA Today, Joan Biskupic reports that “‘Short list’ for court picks shows ties to Obama; Professional links have been a trend.”

James Oliphant of The Los Angeles Times has an article headlined “Why religion could affect Obama’s court nomination: With the exit of John Paul Stevens, the court will be without a Protestant for the first time; Catholics dominate; Does it matter?

The Washington Times reports that “Abortion issue looms over Supreme Court fight; White House, activists gird for reprise of ‘huge battle’ after health debate.”

The Burlington (Vt.) Free Press reports that “Leahy says court will be back to nine by August; Senate has time to confirm whomever Obama picks, lawmaker says.”

The Salt Lake Tribune reports that “Obama, Hatch talk pick for top court; Senator has already praised a leading contender.”

The Red and Black, the student newspaper of the University of Georgia, reports that “Visiting professor up for Supreme Court job.”

And in The Hill, Lanny Davis has an essay entitled “Time for another ‘Gang of 14’ agreement.”

Posted at 10:00 AM by Howard Bashman



“Judicial Bouts Reveal Power of Persuasion”: In today’s edition of The New York Times, Sheryl Gay Stolberg has a front page article that begins, “There were few liberals and just one woman on the federal appeals court in Chicago when Diane P. Wood, an antitrust expert with a flair for foreign language and an ear for playing the oboe, showed up in the summer of 1995. The chief judge, a scholarly conservative named Richard A. Posner, promptly gave her some advice. The appeals bench, Judge Posner warned, was like ‘a system of arranged marriage with no divorce.’ His message to his junior colleague was clear: Pick your battles carefully. Compromise when you can.”

Posted at 8:36 AM by Howard Bashman



“Justices Put Curbs on Payment for Lawyers”: Adam Liptak has this article today in The New York Times.

In today’s edition of The Washington Post, Robert Barnes reports that “Supreme Court backs bonuses for lawyers’ public interest work.”

The Atlanta Journal-Constitution reports that “U.S. Supreme Court rules on Georgia case.”

And Tony Mauro and Marcia Coyle of The National Law Journal report that “High Court Hands Lawyers a Mixed Bag in Rulings on Fees, Errors.”

Posted at 8:25 AM by Howard Bashman



Wednesday, April 21, 2010

“Court in NY gives government victory against ACORN”: The Associated Press has a report that begins, “A federal appeals court on Wednesday handed the government a victory by temporarily blocking a judge’s finding that Congress was wrong to halt federal funding to the activist group ACORN.”

Posted at 9:00 PM by Howard Bashman



“U.S. Senate confirms area native Vanaskie to appeals court bench”: The Times-Tribune of Scranton, Pennsylvania has a news update that begins, “After 16 years as a federal judge, U.S. District Judge Thomas I. Vanaskie earned promotion Wednesday that friends and colleagues said was richly deserved. The Shamokin native, a descendant of coal miners, is on his way to sitting as a judge on the 3rd U.S. Circuit Court of Appeals. The Senate voted 77-20 on Wednesday to confirm Judge Vanaskie as the court’s newest judge.”

And The Times Leader of Wilkes-Barre, Pennsylvania has a news update headlined “U.S. Senate confirms Judge Vanaskie.”

Posted at 8:33 PM by Howard Bashman



“Same-sex divorce case to be heard in Dallas on Wednesday”: Today’s edition of The Fort Worth Star-Telegram contains an article that begins, “The controversial question of whether same-sex couples who marry in other states should be able to divorce each other in Texas – a state that only recognizes marriages between one man and one woman – heats up Wednesday when it goes before an appeals court in Dallas.”

Posted at 2:55 PM by Howard Bashman



“Rendell pushes for merit selection of judges”: The Pittsburgh Post-Gazette has a news update that begins, “The recent charges against state Sen. Jane Orie stemming from the 2009 Supreme Court race, combined with the ‘explosive’ growth in funds spent to elect appellate judges, are strong reasons why Pennsylvania should move to a merit selection system for judges, Gov. Ed Rendell said today.”

And The Patriot-News of Harrisburg, Pennsylvania has a news update headlined “Gov. Ed Rendell urges Legislature to allow merit selection of appellate court judges.”

Posted at 2:35 PM by Howard Bashman



“Chicagoan joins Supreme Court search”: “The Swamp” blog of The Chicago Tribune has a post that begins, “President Barack Obama is casting a wide net in his search for a new Supreme Court nominee, with the White House adding a federal judge from Chicago to its working list and soliciting suggestions from lawmakers in a closed-door session today. Judge Ann Claire Williams, who became the first African-American appellate judge in the federal Seventh Circuit, has joined a working list of about 10 other candidates, the White House confirmed today.”

Posted at 2:30 PM by Howard Bashman



Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court today has issued three opinions in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, No. 08-1200.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Perdue v. Kenny A., No. 08-970.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Conkright v. Frommert, No. 08-810.

Posted at 10:13 AM by Howard Bashman



Tuesday, April 20, 2010

“AP source: Obama talking to possible court picks.” The Associated Press has this report.

Bill Mears of CNN.com has a report headlined “Source: Obama having informal talks with Supreme Court candidates.”

Reuters reports that “Obama starts talks with possible high court picks.”

And Wednesday’s edition of The Wall Street Journal will contain an article headlined “Obama Begins Court Interviews.” You can freely access the full text of the article via Google News.

Posted at 10:17 PM by Howard Bashman



“Justices Void Law Banning Videos of Animal Cruelty”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court voids law aimed at banning animal cruelty videos.”

David G. Savage of The Los Angeles Times has a news update headlined “Justices cite free speech in striking down animal-cruelty law; The Supreme Court overturns a law that makes it illegal to sell depictions of animal cruelty; The ruling is a setback for the animal-rights movement.”

Jess Bravin of The Wall Street Journal has a news update headlined “Supreme Court Strikes Down Prohibition on Depictions of Animal Cruelty.”

James Vicini of Reuters reports that “Supreme Court strikes down animal cruelty law.”

Greg Stohr of Bloomberg News reports that “Animal ‘Crush Video’ Law Voided by U.S. Supreme Court.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “First Amendment left intact; Animal cruelty videos escape ban.”

Posted at 2:08 PM by Howard Bashman



“Justices Get Personal Over Privacy of Messages”: Adam Liptak has this article today in The New York Times.

In USA Today, Joan Biskupic reports that “High court reviews privacy of texts on company gear.”

David G. Savage of The Los Angeles Times reports that “Justices hear case of Ontario police officer who sent risque messages; The Supreme Court considers the issue of workplace e-mails and cellphone calls in the case of an officer whose explicit texts were read by his boss.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court takes up ‘sexting’ privacy case; The Supreme Court heard arguments Monday in the case of a California police officer who sued when records from his department-issued pager were submitted to internal affairs; He had used the pager for sending sexually explicit text messages, or ‘sexting.’

The Press-Enterprise of Riverside, California reports that “U.S. Supreme Court begins hearing Ontario v. Quon, an Inland text privacy case.”

And Marcia Coyle of The National Law Journal reports that “High Court Justices Consider Privacy Issues in Text Messaging Case.”

Posted at 10:18 AM by Howard Bashman



Access online today’s ruling(s) of the U.S. Supreme Court in argued cases: The first and only decision announced today is United States v. Stevens, No. 08-769. You can access the Court’s ruling at this link and the oral argument transcript at this link. The Chief Justice delivered the opinion of the Court. Justice Samuel A. Alito, Jr. issued a dissenting opinion. The vote to affirm the U.S. Court of Appeals for the Third Circuit‘s ruling is 8-1.

In early news coverage, The Associated Press reports that “Court voids law aimed at animal cruelty videos.”

Posted at 10:05 AM by Howard Bashman



“Supreme Court considers California law school’s discrimination policy”: Robert Barnes has this article today in The Washington Post.

Today in The Wall Street Journal, Jess Bravin reports that “Justices Joust Over Christian Group’s Rights; Dispute Centers on Whether Student Club Can Receive State Funding After Excluding Members Due to Their Beliefs.” In addition, columnist William McGurn has an op-ed entitled “Sameness and ‘Diversity’ on Campus: Why a California dean would force a black group to admit white supremacists.” You can freely access the full text of the op-ed via Google News.

In USA Today, Joan Biskupic reports that “Justices split sharply on school’s bias policy; Student group wants right to exclude gays.”

In The San Francisco Chronicle, Bob Egelko reports that “Hastings defends anti-bias policy at high court.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court appears to back student group’s exclusionary rules.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court sharply divided on Christian student group case; The Supreme Court heard arguments Monday in the case of a Christian student group that required members to denounce homosexuality; The court appeared split.”

The Washington Times reports that “Justices weigh case of clash of beliefs; It’s Christians vs. gays, atheists on freedom of association.”

Tony Mauro of The National Law Journal reports that “Supreme Court Arguments Turn Heated in Case Over Christian Law Student Group.”

James Vicini of Reuters reports that “Supreme Court weighs case of Christian group that bars gays.”

And on yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Court Weighs Rights Of Campus Religious Groups.”

Posted at 9:50 AM by Howard Bashman



“3rd Circuit Urged to Revive Class Action Requiring Cell Phone Headsets”: Shannon P. Duffy has this article today in The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Posted at 9:12 AM by Howard Bashman



Monday, April 19, 2010

“Court allows questions about bawdy chocolate gift in death case”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “The federal appeals court in Atlanta on Monday directed a federal judge to find out why a juror gave bawdy chocolate ‘gifts’ to a Cobb County judge and a bailiff at the end of a death-penalty case.”

You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 10:42 PM by Howard Bashman