How Appealing



Saturday, April 23, 2011

“Pittsburg woman back at work after star turn at U.S. Supreme Court”: Today’s edition of The Contra Costa Times contains an article that begins, “Betty Dukes was back greeting customers this week at the Walmart here, a long way in distance and circumstance from the U.S. Supreme Court, which heard her gender-discrimination case against the retail giant last month.”

Posted at 8:56 PM by Howard Bashman



“Paulsen’s words kill effort to impeach justices”: Today’s edition of The Des Moines Register contains an article that begins, “Iowa House Speaker Kraig Paulsen on Friday quashed an effort by conservative Republican lawmakers to impeach four justices of the Iowa Supreme Court.”

Posted at 8:50 PM by Howard Bashman



Friday, April 22, 2011

“Candidates reach recount deal; Some areas to get hand tally in court race”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “Backing off stronger stances, Supreme Court Justice David Prosser and Assistant Attorney General JoAnne Kloppenburg found a courtroom compromise Thursday that called for a statewide recount, with a hand tally for ballots from the entire city of Milwaukee and other communities.”

Posted at 10:06 PM by Howard Bashman



“Charges revived against guards in Blackwater case; A federal appeals court reverses an earlier ruling about the 2007 incident in Iraq, which left 14 civilians dead”: The Los Angeles Times has this news update.

The Associated Press reports that “Appeals court revives Blackwater shooting case.”

Bloomberg News reports that “Blackwater Guards’ Iraqi Civilian Death Case Reinstated.”

Reuters reports that “U.S. court reinstates Blackwater Iraq shooting case.”

CNN.com reports that “Federal appeals court rejects dismissal of Blackwater prosecutions.”

And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “Appeals Court Reinstates Blackwater Manslaughter Case in D.C.

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

Posted at 8:52 PM by Howard Bashman



Programming note: Today I’ll be taking my son to look at some local colleges (such as here and here). Additional posts will appear later today.

Posted at 8:40 AM by Howard Bashman



Thursday, April 21, 2011

“Neo-Nazi Freed, Online Speech Protected”: David Kravets has this post today at Wired.com’s “Threat Level” blog.

Yesterday’s edition of The Chicago Tribune contained an article headlined “Judge throws out conviction of white supremacist; Ruling: Online comments don’t prove man intended harm.”

Yesterday’s edition of The Roanoke Times reported that “Judge tosses William A. White verdict; The federal judge overturned the jury’s conviction of the Roanoke neo-Nazi, meaning, soon, he will be free.”

And The Associated Press reports that “White supremacist’s conviction overturned.”

You can access Tuesday’s ruling of the U.S. District Court for the Northern District of Illinois at this link.

Posted at 10:25 PM by Howard Bashman



Opening brief for appellant filed today in the Pa. Supreme Court in case raising issues of separation of powers and judicial deference to the legislative branch concerning whether an organization qualifies as a “purely public charity” under Pennsylvania’s Constitution: Although most people may think of the federal government when the issue of separation of powers arises, state governments also recognize the principle.

Today, I filed this brief for appellant on behalf of my client in a case now pending before Pennsylvania’s highest court. I have also received in today’s mail the amicus brief of the Hospital and Healthsystem Association of Pennsylvania filed in support of my client. A separate amicus brief is being filed in support of my client’s position by the Elected Leaders of the Senate of the Commonwealth of Pennsylvania, and I will post that amicus brief online when I receive the final version of brief. [Update: The amicus brief of the Elected Leaders of the Pennsylvania Senate can be accessed here.]

My earlier coverage of the Pa. Supreme Court’s grant of review in this case appears at this link.

Posted at 5:44 PM by Howard Bashman



Wednesday, April 20, 2011

“This appeal presents issues related to the amount of restitution that a district court may order a defendant convicted of possessing child pornography to pay to one of the children depicted in the images.” So writes a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a per curiam ruling issued today.

All three judges on the panel joined in a special concurring opinion that called on the Fifth Circuit to rehear the case en banc together with In re: Amy Unknown, a ruling that the Fifth Circuit issued almost one month ago. My earlier coverage of that ruling appears at this link.

Posted at 9:14 PM by Howard Bashman



Access online today’s ruling of the U.S. Supreme Court in an argued case: The Court today issued its ruling in Sossamon v. Texas, No. 08-1438. Justice Clarence Thomas delivered the opinion of the Court. Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Stephen G. Breyer joined, Justice Elena Kagan did not take part in the decision. You can access the oral argument via this link.

Posted at 10:09 AM by Howard Bashman



Tuesday, April 19, 2011

“Feds to Supreme Court: Allow Warrantless GPS Monitoring.” David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 11:25 PM by Howard Bashman



“Second look at who owns the beaches; High court justices’ questions might hint that their 1st ruling won’t change”: The Houston Chronicle has this news update.

Posted at 11:23 PM by Howard Bashman



“5th Circuit: Ex-prosecutor doesn’t have immunity.” The Associated Press has a report that begins, “A federal appeals court panel has upheld a ruling that former U.S. Attorney Dunn Lampton does not have immunity from a lawsuit filed against him by former Mississippi Supreme Court Judge Oliver Diaz Jr.”

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

Posted at 11:11 PM by Howard Bashman



“Appeals court backs MacDonald on review of new evidence”: The Fayetteville Observer has a news update that begins, “A federal appeals court has sided with convicted killer Jeffrey MacDonald, ordering a second review of his claims of newly discovered evidence.”

And The Associated Press reports that “Court orders new hearing in ‘Fatal Vision’ case.”

You can access today’s ruling of a unanimous two-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 10:45 PM by Howard Bashman



“Justices Skeptical on Role of Courts in Setting Emissions Standards”: Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Supreme Court indicates it will dismiss 6-state global warming lawsuit; The suit, filed by California and others, seeks limits on carbon pollution from coal-fired power plants; Justices say the EPA, not the courts, should regulate greenhouse gases.”

In Wednesday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Justices Skeptical in Emissions Case.”

Ariane de Vogue of ABCNews.com reports that “Global Warming Comes to the Supreme Court; Justices Skeptical of Suit Filed by States Against Power Industry.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court wary of empowering judges to order greenhouse gas cuts; A lawsuit asking a federal judge to order big power companies to cut greenhouse gases, because the emissions are a public nuisance, got a skeptical reception Tuesday at the Supreme Court.”

And Lawrence Hurley of Greenwire reports (via The New York Times) that “States’ Emissions ‘Nuisance’ Argument Seems to Fall on Deaf Ears in Supreme Court.”

Posted at 10:34 PM by Howard Bashman



“Gay Marriage Cases Could Cost House $500K or More”: David Ingram has this post at “The BLT: The Blog of Legal Times.”

Posted at 2:22 PM by Howard Bashman



“Funkier Than a Mosquito’s Tweeter”: This diavlog featuring Dahlia Lithwick and Ann Althouse was posted online today at Bloggingheads.tv.

Posted at 2:20 PM by Howard Bashman