How Appealing



Friday, October 22, 2010

En banc Ninth Circuit affirms dismissal of lawsuit alleging that San Francisco supervisors unconstitutionally attacked the Catholic Church when they denounced a Vatican order prohibiting Catholic Charities from placing adoptive children with same-sex couples: You can access today’s en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

In December 2009, Bob Egelko of The San Francisco Chronicle reported on the en banc reargument of the case in an article headlined “Catholic group takes on S.F. supes in court.”

The manner in which the en banc court determined the outcome of the case is rather interesting. The en banc panel consisted of 11 judges. By a vote of 6-5, the en banc court first holds that the plaintiffs have standing to bring the lawsuit. Three of the judges who joined in the majority on the issue of standing proceed to conclude, by means of a separate opinion, that the plaintiffs’ claims fail on the merits. The vote of those three judges, combined with the five judges who would hold that plaintiffs lack standing to sue, produce a majority of eight judges to reject plaintiffs’ claims.

Posted at 3:30 PM by Howard Bashman



“OJ Simpson appeal denied by Nevada Supreme Court”: The Associated Press has a report that begins, “The Nevada Supreme Court refused Friday to overturn O.J. Simpson’s armed robbery and kidnapping convictions stemming from a gunpoint Las Vegas hotel room heist.”

I have posted online today’s ruling of the Supreme Court of Nevada at this link.

Posted at 1:52 PM by Howard Bashman



“Supreme Court grants ‘public interest’ protection for press sources”: Kirk Makin of The Toronto Globe and Mail has a news update that begins, “The Supreme Court of Canada has granted journalists in Quebec the right to protect confidential sources provided they can show it is in the public interest.”

You can access today’s ruling of the Supreme Court of Canada at this link.

Posted at 10:33 AM by Howard Bashman



Dangerous precaution — Fifth Circuit reinstates lawsuit against department store in which the plaintiff alleges she tripped and fell over a plastic “wet floor” sign that an employee had negligently left in a high-traffic area of the store: You can access yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 10:14 AM by Howard Bashman



“Plaintiff Andrew Harley Speaker sued the Defendant United States Department of Health and Human Services Centers for Disease Control and Prevention for violating the Privacy Act by disclosing his identity and confidential medical information relating to the treatment of his tuberculosis.” So begins an opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today. Today’s ruling reinstates Speaker’s lawsuit, which an Atlanta-based federal district court had dismissed.

In early news coverage, The Associated Press reports that “Patient in 2007 TB scare can go ahead with lawsuit.”

Earlier AP coverage of the lawsuit can be accessed here. Speaker is an attorney based in Atlanta.

Posted at 10:00 AM by Howard Bashman



“Two state Supreme Court justices stun some listeners with race comments”: Today’s edition of The Seattle Times contains an article that begins, “State Supreme Court justices Richard Sanders and James Johnson stunned some participants at a recent court meeting when they said African Americans are overrepresented in the prison population because they commit a disproportionate number of crimes.”

Posted at 8:25 AM by Howard Bashman



“Attack ads target Illinois Supreme Court justice; Actors portraying the state’s nastiest criminals ‘explain’ how Thomas Kilbride sided with them over their victims”: This article appears today in The Chicago Tribune.

Posted at 8:24 AM by Howard Bashman



“Attorney Challenges Decision Made by Judge Who Was Arrested on Drug, Gun Charges; Judge’s alleged drug use potentially clouded integrity of July 29 order denying $200,000 in legal fees, lawyer says”: R. Robin McDonald of the Fulton County Daily Report has this article.

And The Newnan (Ga.) Times-Herald reports today that “Judge OKs Camp case details be kept quiet.”

Posted at 8:14 AM by Howard Bashman



“Lillian McEwen breaks her 19-year silence about Justice Clarence Thomas”: Michael A. Fletcher has this article today in The Washington Post.

The Los Angeles Times reports today that “Virginia Thomas’ group backs off on calling healthcare law unconstitutional; Liberty Central, a group founded by the wife of Supreme Court Justice Clarence Thomas, blames staff errors for attaching her name to a memorandum that called for the repeal of the law.”

And The Brandeis Hoot contains an article headlined “Thomas’ wife demands Hill apologize for confirmation charges” and an editorial entitled “Stop callin’, we don’t wanna talk anymore.”

Posted at 8:02 AM by Howard Bashman