How Appealing



Saturday, March 12, 2011

“Dismissed lawsuit blamed on ‘dumb jurors'”: Yesterday’s edition of The Toronto Star contained an interesting article that begins, “The technical term for the problem plaguing Bonita and Michael Maher’s slip-and-fall lawsuit for the past three years might just be ‘dumb jurors.’ But thanks to a three-word Supreme Court of Canada pronouncement dismissing their case on Thursday, we may never know.”

Posted at 9:36 AM by Howard Bashman



“The Supreme Court and the health-care mandate muddle”: Columnist George F. Will will have this op-ed Sunday in The Washington Post.

Posted at 9:14 AM by Howard Bashman



“Computer mess jeopardizes court’s political clout”: The Associated Press has a report that begins, “Critics of a costly new computer system planned for the California courts are calling for a halt to the project.”

Posted at 9:12 AM by Howard Bashman



Friday, March 11, 2011

“Appeals court speeds up health overhaul appeal”: The Associated Press has a report that begins, “A federal appeals court has agreed to act swiftly in considering a Florida judge’s ruling that President Obama’s health care overhaul is unconstitutional.”

Posted at 11:09 PM by Howard Bashman



Eleventh Circuit orders expedited briefing in federal healthcare mandate appeal from a Florida federal district court’s decision striking down that law: You can access the briefing order that the U.S. Court of Appeals for the Eleventh Circuit issued today by clicking here.

Earlier today, at “SCOTUSblog,” Lyle Denniston had a related post titled “Faster health care appeal asked; Challengers to the new federal health care law urge the Eleventh Circuit Court to hear the case before the full, en banc court, and to do so in June — a quicker timetable than the government had sought.”

Posted at 6:15 PM by Howard Bashman



“Five arrested in alleged plot to kidnap, kill Alaska State Troopers, judge”: The Fairbanks Daily News-Miner today contains an article that begins, “Five people, including militia activist Schaeffer Cox, were arrested Thursday in the Fairbanks area for allegedly conspiring to kill multiple Alaska State Troopers and a federal judge.”

And The Anchorage Daily News has an update headlined “Five charged in alleged plot to kidnap or kill troopers, judge; Scheme targeted judge and state troopers, officials say.”

Posted at 2:05 PM by Howard Bashman



Supreme Court of Texas grants rehearing to reconsider whether state officials can seize private property that suddenly moves onto public beaches because of erosion from hurricanes or storms: Today’s order granting rehearing in the case can be accessed here (scroll down).

The Supreme Court of Texas issued its original ruling in the case, consisting of a majority opinion and a dissenting opinion, on November 5, 2010. This blog’s earlier coverage of that ruling can be accessed here.

It is worth noting that the case arrived at the Supreme Court of Texas on certified questions from the U.S. Court of Appeals for the Fifth Circuit.

Suffice it to say that it’s not every day that a federal appellate court certifies questions to the highest court of a State, the state court proceeds to answer the questions, and then some four months later the state high court grants rehearing to reconsider the answers that it previously provided.

Posted at 11:54 AM by Howard Bashman



“Monkey in woman’s bra makes waves at Amherst courthouse”: This article appears today in The News and Advance of Lynchburg, Virginia.

Posted at 11:34 AM by Howard Bashman



Thursday, March 10, 2011

“Court Unlikely to Halt ‘Nude’ Airport Body Scanners”: At Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “A federal appeals court on Thursday appeared unlikely it would block the use and ongoing deployment of the so-called ‘nude’ airport body scanners, which the government maintains are necessary to protect the airways from terrorists.”

Posted at 11:22 PM by Howard Bashman



“Virginia health care hearings set: The Fourth Circuit Court schedules May 10 hearings for two Virginia cases testing the constitutionality of a key provision of the new federal health care law.” Lyle Denniston has this post at “SCOTUSblog.”

Posted at 11:07 PM by Howard Bashman



No, the White House has not nominated six judges for the Tenth Circuit: Rather, as the title of yesterday’s press release states, “President Obama Nominates Steve Six to the United States Circuit Court.”

And The Lawrence Journal-World reports today that “Obama nominates former Kansas Attorney General Steve Six to replace Tacha on federal appeals bench.”

Of course, The Topeka Capital-Journal could not resist spawning confusion yesterday in a news update headlined “Six nominated to Court of Appeals.”

Posted at 4:11 PM by Howard Bashman



“Group says body scanners an ‘unreasonable search'”: The Associated Press has a report that begins, “A privacy rights advocacy group told appellate judges Thursday that the use of full-body scanners as a first line of defense at airport security checkpoints is an ‘unreasonable search’ in violation of passengers’ civil rights.”

The case was argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

Posted at 3:08 PM by Howard Bashman



“Lessons From the Rubashkin Amicus Debacle: The Government’s About-Face Calls for a DOJ Policy on Friend-of-the-Court Briefs.” Attorneys Anthony J. Franze and R. Stanton Jones have this post today at “The Legal Pulse” blog of the Washington Legal Foundation.

Posted at 3:04 PM by Howard Bashman



“Gun Advocates Step In to Oppose D.C. Circuit Pick”: David Ingram has this post at “The BLT: The Blog of Legal Times.”

Posted at 1:28 PM by Howard Bashman



“Airport ‘Nude’ Body Scanners: Are They Effective?” David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 8:40 AM by Howard Bashman



“International law is foreign: Ban foreign law from courts; We make our own laws.” In today’s edition of The Washington Times, U.S. Representative Sandy Adams (R-FL) has an op-ed that begins, “In recent years, Supreme Court justices have interjected international law into their rulings, creating an environment of disregard for national sovereignty and threatening the institutions put in place by our forefathers.”

Posted at 8:37 AM by Howard Bashman



“Couple can’t sue over ‘staring’ condo neighbour; Former strata president allegedly looked into suite 200 times a year”: Today’s edition of The Vancouver Sun contains an article that begins, “Residents of a condominium on Vancouver’s west side cannot seek damages in court over a ‘staring’ neighbour, the B.C. Court of Appeal ruled this week.”

You can access Tuesday’s ruling of the Court of Appeal for British Columbia at this link.

Posted at 8:25 AM by Howard Bashman



“Des Moines lawyer is named to panel he’s suing by Branstad”: Today’s edition of The Des Moines Register contains an article that begins, “Gov. Terry Branstad has appointed a lawyer to the Iowa Judicial Nominating Commission who is suing the commission on behalf of several Iowans. Branstad chose William R. Gustoff of Des Moines to serve on the commission, which selects the finalists for vacancies on the Iowa Court of Appeals and Iowa Supreme Court.”

And in somewhat related news, The Omaha World-Herald reports today that “Vander Platts visits the Bluffs.”

Posted at 8:16 AM by Howard Bashman



Wednesday, March 9, 2011

“Cole bombing suspect to face military tribunal at Guantanamo; Abd al Rahim al Nashiri, the suspected mastermind of the 2000 bombing of a U.S. destroyer in a Yemen port that killed 17 sailors, will be the first Guantanamo detainee to be tried by military commission during the Obama administration”: Richard A. Serrano and David G. Savage have this article today in The Los Angeles Times.

Posted at 8:22 AM by Howard Bashman



“Republican-backed legislation bans abortion after 20 weeks in Minnesota; Lawmakers say fetal pain is motivation”: This article appears today in The St. Paul Pioneer Press.

Posted at 8:10 AM by Howard Bashman