How Appealing



Friday, June 11, 2010
Thursday, June 10, 2010

“Senate panel approves Matheson for federal appeals court; But Arizona senator expresses reservations about nominee’s war-on-terror writings”: The Salt Lake Tribune has this news update.

Posted at 2:31 PM by Howard Bashman



They predicted this would happen: Today, the Court of Appeals of Maryland — that State’s highest court — struck down on First Amendment grounds a Montgomery County, Maryland ordinance that prohibits accepting anything of value in exchange for fortunetelling. You can access today’s ruling at this link.

Update: Last August, as I previously noted here, The Washington Post published an article about the man who brought this lawsuit.

Posted at 9:55 AM by Howard Bashman



“Kagan has many achievements, but her world has been relatively narrow”: Ann Gerhart and Philip Rucker have this article today in The Washington Post.

The Boston Globe reports today that “Groups seek forum by fighting Kagan; See chance to raise cash and profiles.”

The Oklahoman contains an article headlined “Sen. Tom Coburn meets Supreme Court nominee Elena Kagan, criticizes process for confirming high court justices; GOP Sen. Tom Coburn of Oklahoma says Senate Judiciary Committee can’t rely on what nominees tell them because Sonya Sotomayor said one thing and did another.”

The Associated Press has a report headlined “Coming Friday: 30,000 more pages of Kagan files.”

And The Washington Times has an editorial entitled “Kagan’s threat to gun owners: Nominee has a past that is opposed to individual self-defense.”

Posted at 7:40 AM by Howard Bashman



Wednesday, June 9, 2010

“Court OKs ban on day laborers soliciting work”: Bob Egelko of The San Francisco Chronicle has this news update.

The Daily Breeze of Torrance, California has a news update headlined “Court gives Redondo Beach OK to arrest day laborers soliciting work.”

Carol J. Williams of The Los Angeles Times has a blog post titled “Day-labor crackdown in Redondo Beach is legal, appeals court rules.”

And The Associated Press reports that “Court OKs Calif. city’s day laborer crackdown.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. This case may be a strong candidate for rehearing en banc as the dispositive vote on the three-judge panel came from a U.S. District Judge sitting by designation.

Posted at 8:54 PM by Howard Bashman



“Police Surveillance Records May Stay Secret, Judges Say”: The “City Room” blog of The New York Times has a post that begins, “Reversing a lower court ruling, a panel of federal judges on Wednesday decided that the city can keep secret roughly 1,800 pages of records of police surveillance leading up to the 2004 Republican National Convention in New York.”

And The Associated Press reports that “NY appeals court tosses ruling on RNC surveillance.”

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

Posted at 7:52 PM by Howard Bashman



“Court rules against Ky. Commandment displays”: The Cincinnati Enquirer has a news update that begins, “Displays of the Ten Commandments in two Kentucky courthouses ran afoul of the U.S. Constitution because their purpose was to promote religion, an appeals court in Cincinnati ruled Wednesday.”

And The Associated Press reports that “Split court upholds ban on 10 Commandments in Ky.

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 7:32 PM by Howard Bashman



“Justices Block Matching Funds for Candidates in Arizona”: Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that “Arizona blocked from subsidizing state candidates facing privately funded foes.”

In The Los Angeles Times, David G. Savage and Jennifer Martinez report that “Supreme Court curbs Arizona public funding in elections; The emergency order, coming in the midst of the state primary campaign, prevents Arizona from giving additional funds to candidates who forgo private financing and are vastly outspent by rivals.”

The Arizona Republic reports that “Supreme Court blocks Arizona candidates’ matching funds.”

And The Arizona Daily Star reports that “Clean Elections funds blocked.”

Posted at 7:38 AM by Howard Bashman



Tuesday, June 8, 2010
Monday, June 7, 2010

U.S. District Judge’s law review article provides no grounds for recusal on mandamus review, Seventh Circuit rules: According to an opinion issued today, the paint manufacturer “Sherwin-Williams argues that a law review article co-written by Judge Adelman creates an appearance that the judge will decide the case other than on the merits.”

Today’s ruling, by a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, disagrees and finds that recusal of the trial judge is not merited for having written a law review article about a state court ruling that may control the outcome of issues in a case now pending before that judge.

Posted at 1:58 PM by Howard Bashman



“Supreme Court Declines to Hear NEA’s Challenge to NCLB”: Mark Walsh has this post at the “School Law” blog of Education Week.

Posted at 1:44 PM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Krupski v. Costa Crociere S.p.A., No. 09-337. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Hamilton v. Lanning, No. 08-998. You can access the ruling at this link and the oral argument transcript at this link.

3. And Justice Stephen G. Breyer delivered the opinion of the Court in Barber v. Thomas, No. 09-5201. You can access the ruling at this link and the oral argument transcript at this link.

The Court today also issued a brief, unanimous per curiam opinion in United States v. Juvenile Male, No. 09-940, certifying a question to the Supreme Court of Montana. And Justice Sotomayor issued a statement respecting the denial of certiorari in Wrotten v. New York, No. 09-9634.

You can access today’s Order List at this link. The Court did not grant review in any cases, nor did the Court request the views of the Solicitor General in any cases.

In early news coverage, The Associated Press reports that “High court turns down No Child Left Behind case” and “Court won’t hear Clinton pay lawsuit.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Sex offender issue on hold.”

Posted at 10:07 AM by Howard Bashman



“Calif. text case may affect Kilpatrick suit; High court to weigh privacy rights after firm turns over cop’s messages to officials”: This article appears today in The Detroit News.

Posted at 9:48 AM by Howard Bashman



“‘Boring’ nominee stays under radar”: Politico.com has a report that begins, “Elena Kagan’s Supreme Court confirmation process has been so overshadowed by other events and issues, her name barely came up during President Barack Obama’s contentious lunch with Senate Republicans late last month.”

Online at The New Yorker, Hendrik Hertzberg has a blog post titled “Elena Kagan’s Not-So-Final Conflict.”

And in today’s issue of National Review magazine, Edward Whelan has an essay entitled “The Blankest Slate.”

Posted at 9:40 AM by Howard Bashman



Sunday, June 6, 2010
Saturday, June 5, 2010

“Papers covering Elena Kagan’s time as Clinton adviser released”: Robert Barnes and Amy Goldstein have this article today in The Washington Post.

In today’s edition of The Los Angeles Times, James Oliphant, David G. Savage and Richard A. Serrano have an article headlined “Records portray Supreme Court nominee Elena Kagan as a pragmatist; The documents detail her four-year tenure in the White House as a lawyer and advisor to President Clinton; They appear unlikely to fortify Republican efforts to derail her nomination.”

The New York Times contains an article headlined “Glimpses of Kagan’s Views in Clinton White House.”

In The Wall Street Journal, Jess Bravin and Naftali Bendavid have an article headlined “Clinton-Era Kagan Documents Are Released.”

At Politico.com, Josh Gerstein has an article headlined “Elena Kagan voice of caution.”

And The Associated Press has reports headlined “Rough outline of Kagan emerges in Clinton records” and “Kagan documents include mysterious reference.”

Posted at 4:40 PM by Howard Bashman



Friday, June 4, 2010

“Sotomayor Making Good on a Commitment to a Scrappy College With a Family Tie”: This article appears today in The New York Times.

The New York Daily News reports today that “Sprawling Bronxdale Houses to be renamed after former resident Justice Sonia Sotomayor.”

The Wall Street Journal reports today that “Judge’s Return Splits Bronx.” You can freely access the full text of the article via Google News.

And The Associated Press reports that “Sotomayor revisits her NYC school, housing project.”

Posted at 8:25 PM by Howard Bashman



“6th Circuit Takes Lead As Most Reversed Appeals Court”: Today in The Daily Journal of California, Lawrence Hurley has an article that begins, “The San Francisco-based 9th U.S. Circuit Court of Appeals, often categorized as too liberal and out of sync with the more conservative U.S. Supreme Court, faces some unusual competition this term for its crown as the most reversed circuit.”

Posted at 3:20 PM by Howard Bashman