How Appealing



Monday, December 6, 2010

Access online today’s Order List of the U.S. Supreme Court: You can access today’s Order List at this link. The Court today granted review in two cases, one of which is Wal-Mart Stores, Inc. v. Dukes, No. 10-277.

In addition, Justice Sonia Sotomayor issued a dissent from the denial of certiorari, in which Justice Ruth Bader Ginsburg joined, in Williams v. Hobbs, No. 09-10382.

In early news coverage, The Associated Press reports that “Court to look at huge sex bias suit vs. Wal-Mart“; “High court will review climate change lawsuit“; and “High court turns down federal death row inmate.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Rulings set on Wal-Mart, warming; The Court grants review of Wal-Mart’s appeal challenging the huge class-action lawsuit over alleged sex bias, and agrees to rule on global warming cases against major electric power companies.”

Posted at 10:03 AM by Howard Bashman



“Specter derides partisan gridlock, politicization of court system”: Yesterday’s edition of The Pittsburgh Post-Gazette contained this article.

Posted at 8:14 AM by Howard Bashman



“Live, from San Francisco, it’s Proposition 8 in federal court”: This front page article appears today in The Sacramento Bee.

Today’s broadcast of NPR’s “Morning Edition” contained audio segments entitled “Ted Olson, Gay Marriage’s Unlikely Legal Warrior” (featuring Nina Totenberg) and “In Calif., Prop. 8 Debate Tests Limits Of Tolerance.”

And The Los Angeles Times contains an editorial entitled “The Prop. 8 show: Monday’s hearing on the same-sex marriage ban by an appeals court panel will be must-see TV.”

C-SPAN will provide live, online coverage of the oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit beginning at 1 p.m. eastern time today.

Posted at 8:12 AM by Howard Bashman



“Ex-justice sought project fee for her son; After leaving the Pa. Supreme Court, Sandra Schultz Newman pushed for her son to benefit from new Family Court construction”: Joseph Tanfani has this front page article today in The Philadelphia Inquirer.

Posted at 8:00 AM by Howard Bashman



“High court ruling on Arizona act could shape immigration law; The 2007 Legal Arizona Workers Act cracks down on employers who hire illegal workers, but the Obama administration says it conflicts with the federal government’s authority to enforce immigration laws”: David G. Savage has this article today in The Los Angeles Times.

Posted at 7:55 AM by Howard Bashman



Sunday, December 5, 2010

“A justice’s blind eye to the truth: John Paul Stevens’s argument that capital punishment is racist is contradicted by facts.” Columnist Jeff Jacoby has this op-ed today in The Boston Globe.

Posted at 10:08 PM by Howard Bashman



“Same-Sex Initiative Reaches Next Hurdle”: This article will appear Monday in The New York Times.

Monday’s edition of The Wall Street Journal will contain an article headlined “California’s Gay-Marriage Ban Heads Again to Court.”

Warren Richey of The Christian Science Monitor reports that “Prop 8. gay marriage ban to be argued in federal appeals court; The long-running fight over gay marriage in California heads to a federal appeals court Monday; A panel of the Ninth US Circuit Court of Appeals must decide whether a federal judge was correct in ruling that the US Constitution protects the right of gay and lesbian couples to marry.”

And The Associated Press reports that “Calif. gay marriage foes gamble on win in Round 2.”

Tomorrow, C-SPAN will provide live, online coverage of the oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit beginning at 1 p.m. eastern time.

Posted at 8:34 PM by Howard Bashman



“Downloading-case loser unsure how she’ll pay”: Today’s edition of The San Antonio Express-News contains an article that begins, “A San Antonio woman whose music downloading case was the first to reach the U.S. Supreme Court says she doesn’t know how she’ll pay $27,750 she now owes five music companies.”

Posted at 10:30 AM by Howard Bashman



Saturday, December 4, 2010

“Proposition 8 case reaches historic stage”: In Sunday’s edition of The San Jose Mercury News, Howard Mintz will have an article that begins, “California’s divisive struggle over same-sex marriage reaches another milestone Monday, when the legal challenge to Proposition 8 unfolds in a federal appeals court in San Francisco.”

And today in The San Francisco Chronicle, Bob Egelko has an article headlined “Appeals court Prop. 8 hearing likely key to result.”

Posted at 11:32 PM by Howard Bashman



“Appeals Court Frees Ex-Principal; Panel rules that altered photos were not child pornography because the nude bodies were those of an adult”: This article appears today in The Lakeland (Fla.) Ledger.

The St. Petersburg Times reports today that “Former Lakeland principal’s photos weren’t child porn, appeals court rules.”

And The Tampa Tribune reports that “Child porn conviction of ex-Polk principal overturned.”

You can access yesterday’s ruling of Florida’s Second District Court of Appeal at this link.

Posted at 10:14 AM by Howard Bashman



Friday, December 3, 2010

“Court reverses New Mexico ban on US Airways booze”: The Associated Press has a report that begins, “A federal appeals court on Friday reversed a judge’s decision that prevented US Airways from serving alcohol on its New Mexico flights after a passenger killed five people in a drunken-driving crash.”

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

Posted at 10:42 PM by Howard Bashman



“Justice selection process defended”: Today in The Des Moines Register, Grant Schulte has an article that begins, “Iowa Supreme Court Justice David Wiggins maintained Thursday that the state’s merit-based judge selection system is the best way to pick fair and qualified jurists, regardless of which governor sits in office or who serves on the panel that picks finalists for the bench.”

Posted at 10:34 PM by Howard Bashman



“Justice Sotomayor Recusal Likely as Supreme Court Weighs Greenhouse Gas ‘Nuisance’ Case”: Lawrence Hurley of Greenwire has this report.

Posted at 5:02 PM by Howard Bashman



Blog references, on appeal: An order that the U.S. Court of Appeals for the Seventh Circuit issued yesterday denying a petition for rehearing contains the following quotation from a petition for rehearing that was previously denied at an earlier stage of the appellate process in that same case:

[T]he Panel’s opinion reads more like a posting in its author’s well-known blog (www.becker-posner-blog.com), declaring its view of class actions, mischaracterizing class counsel as being inherently corrupted by the inducement to sell out its clients’ small claims for its own fees obtained through a collusive settlement.

It can be tempting to use a petition for appellate rehearing or reconsideration as a forum to vent one’s frustrations with the adverse result received on appeal, but in my experience that temptation should be avoided.

Posted at 3:50 PM by Howard Bashman



“Justice Thomas’ wife takes less public role”: The Associated Press has a report that begins, “Virginia Thomas, wife of Supreme Court Justice Clarence Thomas, is giving up her role as the head of a conservative advocacy group that has worked with the Tea Party movement.”

Posted at 11:30 AM by Howard Bashman



“Judge refuses to withdraw from same-sex marriage case; Stephen Reinhardt says he can be impartial in the case appealing a decision that California’s gay marriage ban is unconstitutional”: Carol J. Williams has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that “Judge refuses to step aside in Prop. 8 case.”

The Washington Times reports that “Prop 8 judge refuses to recuse himself.”

law.com reports that “Reinhardt Says He Won’t Step Off Prop 8 Case.”

And Bloomberg News columnist Ann Woolner has an essay entitled “Clarence Thomas Is Model for Gay Marriage Case.”

Posted at 8:20 AM by Howard Bashman



“Justice Unbound”: At the “Opinionator” blog of The New York Times, Linda Greenhouse has a post that begins, “Watching the post-retirement emergence of Justice John Paul Stevens is almost enough to make me a fan of term limits for Supreme Court justices.”

Posted at 7:40 AM by Howard Bashman



Thursday, December 2, 2010

“The judge shortage: Vacant federal judgeships threaten our judicial system; It’s time for the president and the Senate to act.” Eric M. George and William H. Neukom will have this op-ed Friday in The Los Angeles Times.

Posted at 10:04 PM by Howard Bashman



“Ohio Supreme Court: Condemned may not challenge lethal-injection method of execution.” The Columbus Dispatch has a news update that begins, “There is no basis under Ohio law to challenge the lethal injection method of execution, a divided Ohio Supreme Court ruled today.”

And The Toledo Blade has a news update headlined “Ohio Supreme Court split on forum considering whether execution method humane.”

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

Posted at 8:40 PM by Howard Bashman



“Judge admits he violated rights; Reprimand urged for jailing lawyer over Pledge of Allegiance”: This article appears today in The Clarion-Ledger of Jackson, Mississippi.

Posted at 8:32 PM by Howard Bashman