How Appealing



Wednesday, May 19, 2010

Sixth Circuit considers round two of Victoria’s Secret versus Victor’s Little Secret: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

After the Sixth Circuit had previously decided this case, the U.S. Supreme Court reversed the Sixth Circuit’s ruling, and then Congress enacted legislation intended to overturn the U.S. Supreme Court’s decision.

Update: In early news coverage, The Associated Press has a report headlined “Appeals court says no secrets for Ky. store.”

Posted at 11:56 AM by Howard Bashman



“Thesis Is Window on Roots of Kagan’s Legal Creed”: This article appears today in The New York Times. And this Sunday’s issue of The New York Times Magazine will contain an essay by Lisa Belkin entitled “Judging Women.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Kagan reports assets of $1.76 million, no debts; The Supreme Court nominee submits a financial statement and two decades of writings to the Senate Judiciary Committee; Chairman Patrick J. Leahy says her confirmation hearing will be scheduled soon.”

Nathan Koppel and Jess Bravin of The Wall Street Journal report that “Kagan Criticized the Warren Court in Thesis.”

Amy Goldstein and Robert Barnes of The Washington Post report that “Kagan releases cartons of documents to Senate Judiciary Committee.”

David Ingram of The National Law Journal reports that “Kagan Discloses She Met With Skadden Lawyers Before Nomination; The White House made use of outside legal advice during the nomination of Justice Sonia Sotomayor, too.”

At Politico.com, Josh Gerstein reports that “Elena Kagan’s thesis hints at her views.”

The Associated Press reports that “White House touts nominee, releases Kagan papers.”

At his “Washington Briefs” blog, Lawrence Hurley of The Daily Journal of California has a post titled “Kagan Really Does Think The Public Company Accounting Oversight Board Is Constitutional.”

And online at Slate, Christopher Beam has an essay entitled “Youthful Indiscretions: Don’t judge Elena Kagan by her college thesis.”

Posted at 8:57 AM by Howard Bashman



Tuesday, May 18, 2010

Programming note: I am in Harrisburg, Pennsylvania today to present oral argument in an appeal that I mentioned in this post from last night. Because the case is 21st on the oral argument list, I do not expect to be back home until late in the day.

Then, weather permitting, I’ll be at Citizens Bank Park this evening to watch Roy Halladay pitch for the Philadelphia Phillies against the Pittsburgh Pirates. I’ll be attending the game with an appellate friend. And it’s Roy Halladay bobblehead doll night — zoo not included!

As a result, additional posts may not appear here until Wednesday.

Posted at 7:18 AM by Howard Bashman



“In Academia, Kagan Wrote Far Less Than Peers; Nominee’s small body of scholarship comes under scrutiny for lacking personal opinion”: Marcia Coyle of The National Law Journal has this report.

Posted at 7:10 AM by Howard Bashman



Monday, May 17, 2010

“Justices Limit Life Sentences for Juveniles”: Adam Liptak will have this article Tuesday in The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court restricts life sentences without parole for juveniles; In a 6-3 decision, the court strikes down laws in 37 states, including California, that allow life terms with no chance for parole for a crime that does not involve murder.”

Robert Barnes of The Washington Post has a news update headlined “Supreme Court rules out some life sentences for juveniles.”

Michael Doyle of McClatchy Newspapers has an article headlined “Supreme Court: Juveniles can’t serve life terms for lesser crimes.”

And Warren Richey of The Christian Science Monitor reports that “Supreme Court puts limits on life sentences for juveniles; Juveniles who commit crimes that aren’t fatal to their victims cannot receive life sentences without possibility of parole, the Supreme Court ruled 6-to-3 on Monday.”

Posted at 9:18 PM by Howard Bashman



“Questions Elena Kagan has already answered: Supreme Court nominee Elena Kagan lacks a paper trail; But her Senate confirmation hearing last year for solicitor general offers a preview of what’s to come.” Warren Richey of The Christian Science Monitor has this article today.

Posted at 9:12 PM by Howard Bashman



Access today’s opinions in argued cases and Order List of the U.S. Supreme Court: The Court today issued three opinions in argued cases.

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Abbott v. Abbott, No. 08-645. Justice John Paul Stevens issued a dissenting opinion, in which Justices Clarence Thomas and Stephen G. Breyer joined. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Kennedy also delivered the opinion of the Court in Graham v. Florida, No. 08-7412. The Chief Justice issued an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion in which Justice Antonin Scalia joined and in which Justice Samuel A. Alito, Jr. joined in part. Justice Alito also filed a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link. The Court today also dismissed as improvidently granted the writ of certiorari issued in the related case of Sullivan v. Florida, No. 08-7621.

3. And Justice Breyer delivered the opinion of the Court in United States v. Comstock, No. 08-1224. Justices Kennedy and Alito filed opinions concurring in the judgment. And Justice Thomas filed a dissenting opinion in which Justice Scalia joined in large measure. You can access the ruling at this link and the oral argument transcript at this link.

You can access today’s Order List at this link. The Court granted review in one case and called for the views of the Solicitor General in one case.

In early news coverage, The Associated Press has articles headlined “High court rules out life sentences for juveniles“; “Court: Sexually dangerous can be kept in prison“; “Justices: Child should have stayed in Chile“; and “Supreme Court rejects appeal of ‘must-carry’ rule.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “No review of ‘must carry’ rule.”

Posted at 10:38 AM by Howard Bashman



“Kagan’s skills well-suited to hearings; But high court nominee must take her game up a notch for confirmation’s political forum”: Joan Biskupic has this article today in USA Today. And in commentary, Stephen Prothero has an op-ed entitled “Faith on the court matters: A Catholic-Jewish panel is better than an all-Protestant one, but the Supreme Court has yet to reflect this country’s diversity.”

The New York Post reports today that “9/11 families blast Kagan.”

Yesterday’s edition of The Boston Globe reported that “Personal ties bind Obama, Kagan; President joins ranks of picking friend for court.” The newspaper also contained an op-ed by columnist Joan Vennochi entitled “The effort to ‘out’ Kagan” and an op-ed by columnist Joanna Weiss entitled “Kagan as a beacon for gays.”

The Associated Press has an article headlined “Should we ask if Supreme Court nominee is gay?

The Des Moines Register reports that “Grassley vote will signal his approach to court picks.”

At Politico.com, Mike Allen reports that “White House to release Kagan theses.”

In The Toronto Globe and Mail, Gil Troy has an op-ed entitled “A careerist conundrum of Supreme proportions: Did Elena Kagan somehow lose her voice and soul while climbing her way to the top?

In The Los Angeles Times, columnist Gregory Rodriguez has an op-ed entitled “Kagan and the triumph of WASP culture: Her confirmation wouldn’t undermine WASP culture; it would be a powerful example of its reach.”

And in The Wall Street Journal, columnist L. Gordon Crovitz has an op-ed entitled “To Be Borked or Not to Be Borked: Kagan misses the real cause of empty confirmation hearings.” You can freely access the full text of the op-ed via Google News.

Posted at 7:58 AM by Howard Bashman



“Sotomayor tells graduates to cherish kin; Supreme Court justice speaks at St. Lawrence University”: The Associated Press has this report.

Posted at 7:45 AM by Howard Bashman



“Activism v. Restraint: What Obama can learn from F.D.R.” Jeffrey Toobin has this essay in the May 24, 2010 issue of The New Yorker.

Posted at 7:10 AM by Howard Bashman



Sunday, May 16, 2010

“Kagan Backed Broad Interpretation of 14th Amendment”: Jess Bravin will have this article Monday in The Wall Street Journal. And Evan Perez will have an article headlined “Senator Doesn’t See Bid to Block Kagan.” You can freely access the full text of this article via Google News.

The Christian Science Monitor has an article headlined “Supreme Court nominee Elena Kagan: Will her own words bite her? Republicans are already throwing the words of Elena Kagan back at her; She once called Supreme Court nominee hearings ‘vapid’; GOP senators are challenging her to open up.”

The Associated Press has articles headlined “Kagan unlikely to see GOP filibuster on nomination” and “Laura Bush says Kagan nomination is ‘great.’

Reuters reports that “Top Republican sees bumpy Kagan court confirmation; Republican senator says ‘this is going to be a big deal.’

At Politico.com, Josh Gerstein reports that “Civil rights vets uneasy with Kagan.”

And The New York Jewish Week has an article headlined “A Pioneer At Age 12: Elena Kagan was Lincoln Square’s first bat mitzvah.”

Posted at 10:26 PM by Howard Bashman



“The Sotomayors, justice and doctor, tour Upstate University Hospital with friend”: This article appeared yesterday in The Post-Standard of Syracuse, New York.

Posted at 8:27 PM by Howard Bashman



Saturday, May 15, 2010

“Review set for 160,000 pages on Kagan”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

The Harvard Crimson has an article headlined “Elena Kagan’s Management Style Amped Up Pressure at Harvard Law School; In creating a culture of high expectations, Kagan placed strain on working relationships, some HLS staffers say.”

And the May 21, 2010 issue of The Forward contains an article headlined “Kagan’s ‘Hood: Liberal, Precocious, Very Jewish; Unlike Others, Her Family Didn’t Decamp to a Fancier Address.”

Posted at 11:36 PM by Howard Bashman



“Kagan’s abortion stance has both sides guessing; The Supreme Court nominee sounded like a staunch liberal in a 1980 essay, but pushed for compromise on a 1997 ban on late-term abortions”: Christi Parsons and James Oliphant will have this article Sunday in The Los Angeles Times.

In Sunday’s edition of The New York Times, Adam Liptak will have articles headlined “On Speech, Kagan Leaned Toward Conservatives” and “No Vote-Trading Here.” Tomorrow’s newspaper will also contain an article headlined “Then Comes the Marriage Question.”

The Wall Street Journal reports that “NRA Criticizes Kagan on Gun Rights.”

Tony Mauro of The National Law Journal reports that “Kagan’s Rookie Missteps Could Fuel Claims of Inexperience; Still, her confidence as solicitor general has been apparent, despite tangles with Roberts, loss in ‘Citizens United.’

The Associated Press has reports headlined “‘General Kagan’ holds her own before high court” and “NAACP backs Obama’s Supreme Court nominee Kagan.”

And today’s broadcast of NPR’s “Weekend Edition Saturday” contained an audio segment entitled “A Republican Senator Weighs Kagan’s Merits Again.”

Posted at 8:20 PM by Howard Bashman



“Gruesome death photos are at the forefront of an Internet privacy battle; A car crash victim’s father is suing the CHP over the wide dissemination of pictures of his daughter’s body”: This article appears today in The Los Angeles Times.

Posted at 5:30 PM by Howard Bashman



Friday, May 14, 2010