How Appealing



Tuesday, April 6, 2010

“In this case we must decide whether the Federal Communications Commission has authority to regulate an Internet service provider’s network management practices.” So begins today’s ruling of the U.S. Court of Appeals for the D.C. Circuit in Comcast Corp. v. FCC.

In the ruling issued today, a unanimous three-judge D.C. Circuit panel holds that the FCC acted beyond its lawful powers in barring Comcast from interfering with its customers’ use of peer-to-peer networking applications.

In early news coverage, The Associated Press reports that “US court rules against FCC on ‘net neutrality.’

Posted at 10:35 AM by Howard Bashman



“Name courthouse for Moyer, governor says”: Today’s edition of The Columbus Dispatch contains an article that begins, “The acting chief justice of the Ohio Supreme Court met yesterday with grief-stricken court employees and fellow justices, as the state’s top court resumed operations after the unexpected death Friday afternoon of Chief Justice Thomas J. Moyer.”

Posted at 10:17 AM by Howard Bashman



“Texas man threatened deadly force to stop abortion”: The Associated Press has a report that begins, “A Texas man faces charges after he filed documents in federal court threatening to use deadly force to stop an abortion if the U.S. Supreme Court didn’t immediately act to outlaw the practice, federal officials said Monday.”

And The Dallas Morning News today contains an article headlined “Plano man is arrested after threatening women’s clinic” that begins, “A 27-year-old law school graduate from Plano is facing federal charges for threatening to use deadly force to prevent an abortion at a Dallas women’s clinic.”

Posted at 10:07 AM by Howard Bashman



Monday, April 5, 2010

“There they go again: The GOP says Goodwin Liu, Obama’s 9th Circuit nominee, is ‘beyond the mainstream’; Of course, they just mean he’s the choice of a Democratic president.” This editorial will appear Tuesday in The Los Angeles Times.

Posted at 10:35 PM by Howard Bashman



“Strict Deadlines, Disabled Veterans and Dismissed Cases”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 10:27 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link.

The Court today did not grant review in any new cases.

In early news coverage, The Associated Press reports that “Court won’t hear appeal from Marshall Islanders“; “Court won’t hear appeal on warrantless entry“; “Court won’t get involved in Idaho judges’ fight“; “Court won’t give Saudi citizen new trial“; and “Court won’t hear appeal from Lupe Fiasco mentor.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court passes up jury bias case.”

Posted at 10:04 AM by Howard Bashman



“Hastings heads to Supreme Court; Case concerns school’s right to deny recognition of student group in violation of membership policy”: This article appears today in The Daily Bruin.

Posted at 7:30 AM by Howard Bashman



Sunday, April 4, 2010

“High Court: Justices increasingly speaking outside the courtroom.” Robert Barnes will have this article Monday in The Washington Post.

Posted at 10:42 PM by Howard Bashman



“Court Challenge: Replacing Stevens.” Jess Bravin will have this article Monday in The Wall Street Journal.

Joan Biskupic of USA Today has a news update headlined “Senator to Stevens: 2010 retirement would lead to ‘gridlock.’

The Guardian (UK) reports that “Expected retirement sets stage for US Senate battle; Liberal wing leader on supreme court John Paul Stevens says he is close to retirement prompting speculation about replacement.”

The Associated Press reports that “Specter hopes Justice Stevens doesn’t quit in 2010.”

The Washington Post has a blog entry titled “Specter urges Justice Stevens to remain on court.”

Politico.com has a blog post titled “Specter predicts filibuster fight for Supreme Court.”

And The Hill has a blog post titled “Specter has Stevens replacement in mind, wants more diversity.”

Posted at 7:33 PM by Howard Bashman



“Will Christie begin to remake top court?” Today’s edition of The Philadelphia Inquirer contains a front page article that begins, “Conservatives have long blamed the New Jersey Supreme Court for making a mess of some of the state’s most vexing issues, from affordable housing to public school funding. Now those same conservatives are calling for Gov. Christie, a Republican, to start overhauling the court by replacing Justice John E. Wallace Jr. instead of renominating him when his first term ends May 20.”

Posted at 12:45 PM by Howard Bashman



“Why judges are now defendants in the court of public opinion”: Today in The Sacramento Bee, law professor Paul D. Paton has an op-ed that begins, “Judges have been in the news again, and not always for the right reasons. Concerns about impartiality and judicial conduct have come from both ends of the political spectrum as courts decide questions that ignite political passions.”

Posted at 12:40 PM by Howard Bashman



“Next Challenge to Gun Laws Headed to D.C. Circuit”: David Ingram has this post at “The BLT: The Blog of Legal Times.”

Posted at 12:35 PM by Howard Bashman



“GOP runoff for Supreme Court pits longtime judge, conservative activist; Background of candidates at forefront of philosophical split on what qualities high court justice should have”: Chuck Lindell has this article today in The Austin American-Statesman.

Posted at 11:07 AM by Howard Bashman



“Supreme Court wades into Internet speech debate with hyperlinks case”: Canwest News Service has a report that begins, “The Supreme Court of Canada, in one of its first cases dealing with the spread of information on the Internet, will decide whether the everyday practice of hyperlinking can expose a writer to a lawsuit if a linked article is defamatory.”

And The Canadian Press reports that “Internet link case to go before Supreme Court.”

Posted at 10:40 AM by Howard Bashman



“Who will be the next chief justice?” The Columbus Dispatch today contains an article that begins, “Gov. Ted Strickland will make one of the most important appointments of his political career when he names a replacement for Ohio Supreme Court Chief Justice Thomas J. Moyer, who died unexpectedly Friday after suffering from an irregular heartbeat and intestinal blockage.”

Posted at 10:35 AM by Howard Bashman



“U.S. Supreme Court: Will distress trump the First Amendment right to free speech?” Harriet Robbins Ost of UPI has a report that begins, “Next fall, the U. S. Supreme Court will hear the case of Snyder vs. Phelps, in which it’s possible the speech-related practices of an obnoxious group will be curbed — but at the price of some new First Amendment fetters.”

Posted at 10:33 AM by Howard Bashman



“A Liberal Nominee — And A Proposal: Republicans should leverage an upcoming nomination battle into a deal with Democrats to give all judicial nominees a fair shake.” Stuart Taylor Jr. has this new installment of his “Opening Argument” column in the current edition of National Journal.

Posted at 10:32 AM by Howard Bashman



“Texas case could decide health care reform suit; State officials argue a 1992 ruling on school gun possession is relevant”: The Houston Chronicle today contains an article that begins, “A Texas high school student’s decision to bring a .38-caliber handgun to school in 1992 could end up at the center of the legal fight over President Barack Obama’s health care reform plan. Alfonso Lopez Jr.’s arrest at Edison High School in San Antonio set in motion a legal battle that may prove crucial to 13 state attorneys general fighting the new law.”

Posted at 10:27 AM by Howard Bashman



“Teen cancer patient who is passionate about the law gets a dream trip to the Supreme Court”: Today’s edition of The Kansas City Star contains an article that begins, “Three things the Parkville teenager noticed at the U.S. Supreme Court: Sonia Sotomayor loves to drink coffee. Keeps two silver Thermoses at her elbow. She and the other justices are not stoic, godlike figures. They are real people who rock their chairs and fidget like everyone else. Antonin Scalia is funny. Ruth Bader Ginsburg looks much younger than her photos. And when it comes to debating the law, the justices let piercing questions fly like arrows.”

Posted at 10:24 AM by Howard Bashman



Saturday, April 3, 2010

“School Law Clinics Face a Backlash”: Sunday’s edition of The New York Times will contain an article that begins, “Law school students nationwide are facing growing attacks in the courts and legislatures as legal clinics at the schools increasingly take on powerful interests that few other nonprofit groups have the resources to challenge.”

Posted at 8:03 PM by Howard Bashman



“After years as justice, John Paul Stevens wants what’s ‘best for the court'”: Robert Barnes will have this article Sunday in The Washington Post.

In Sunday’s edition of The New York Times, Adam Liptak will have an article headlined “At 89, Stevens Contemplates Law, and How to Leave It.”

The Associated Press reports that “Justice Stevens says he’ll retire in Obama’s term.”

And Reuters reports that “US high court’s Stevens to decide soon on retiring.”

Posted at 7:55 PM by Howard Bashman



Friday, April 2, 2010

“Ohio Chief Justice Thomas J. Moyer dies”: The Columbus Dispatch has a news update that begins, “Ohio Chief Justice Thomas Moyer died unexpectedly today at age 70. Moyer had been experiencing health problems, but they were not thought to be life threatening, according to a statement from the court.”

Posted at 7:51 PM by Howard Bashman



“Court battle could upend President Obama’s agenda”: At Politico.com, Josh Gerstein has an article that begins, “The White House’s aggressive drive to recalibrate its message and emphasize the issues it thinks will resonate best with voters could be upended if — as is widely expected — John Paul Stevens, the Supreme Court’s senior justice, decides it is time to retire.”

Posted at 5:12 PM by Howard Bashman



“Court: 30-year ban on computer use too much.” The Associated Press has a report that begins, “A convicted sex offender should not have been forbidden to use or possess a computer for 30 years after he was released from prison, a federal appeals court ruled Friday.”

And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “Appeals Court Rejects 30-Year Ban on Computer Use for Sex Offender.”

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

Posted at 3:22 PM by Howard Bashman



“The Honorable William Jay Riley became Chief Judge of the United States Court of Appeals for the Eighth Circuit on April 1, 2010.” So notes an opinion that the U.S. Court of Appeals for the Eighth Circuit issued today. The opinion itself begins, “Appellant Patricia Dodson seeks control over the fate of eighteen cryogenically frozen embryos, which she created with her ex-husband through the In-Vitro Fertilization Program at the University of Arkansas for Medical Sciences.”

Posted at 3:14 PM by Howard Bashman



“New York’s top judge says lack of raise ‘demoralizing’ to busy judiciary”: This article appears today in The Post-Standard of Syracuse, New York.

Posted at 9:12 AM by Howard Bashman