How Appealing



Tuesday, April 19, 2011

“Court casts doubt on states’ global warming suit”: Mark Sherman of The Associated Press has this report.

And at “SCOTUSblog,” Lyle Denniston has a post titled “Searching for a judicial formula: The Court, tempted to keep global warming cases in the federal courts, confronts the seeming likelihood that such lawsuits would be too complex for judges actually to handle.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in American Elec. Power Co. v. Connecticut, No. 10-174.

Posted at 2:03 PM by Howard Bashman



Even the Chief Justice of the United States misspells a case name every now and then: As though further proof that everyone’s human were needed, a reader emails to note that in his dissenting opinion issued today, Chief Justice John G. Roberts, Jr. has misspelled the “Coeur” in the case name Idaho v. Coeur d’Alene Tribe of Idaho as “Couer” some three times. So, the next time you happen to misspell a case name, remember that you’re in good company.

And in early news coverage of today’s ruling, The Associated Press reports that “Court reinstates Va. mental health lawsuit.”

In early 2009, a lovely new federal courthouse opened its doors in Coeur d’Alene, Idaho, as noted in this earlier post. Coincidentally, the Chief Justice visited Idaho in 2009, although according to the University of Idaho College of Law the Chief Justice visited in person only Boise and Moscow — and appeared in Coeur d’Alene only via compressed video feed.

Update: As of 4:10 p.m. eastern time, the Court has corrected the misspelling in the version of the decision available for download from the Court’s web site. The original version of the opinion containing the misspelling, which was available for download from the Court’s web site earlier today, can be accessed here.

Posted at 11:20 AM by Howard Bashman



Access online today’s ruling in an argued case of the U.S. Supreme Court: Justice Antonin Scalia delivered the opinion of the Court in Virginia Office for Protection and Advocacy v. Stewart, No. 09-529. Justices Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor joined in the opinion of the Court. Justice Kennedy also filed a concurring opinion, in which Justice Thomas joined. The Chief Justice issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. And Justice Elena Kagan did not take part in the ruling. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



“GOP hires ex-solicitor general to defend federal same-sex marriage ban”: This article appears today in The Washington Post.

In today’s edition of The Los Angeles Times, James Oliphant reports that “GOP taps ex-solicitor general to defend gay marriage law.”

The Washington Times reports today that “GOP steps up defense of law on marriage; Lawyer hired in lieu of Justice.”

Bill Mears of CNN.com reports that “Boehner hires top lawyer for fight over marriage law, sources say.”

Ariane de Vogue and Devin Dwyer of ABCNews.com report that “House Republicans Hire Lawyer to Take Defense of Marriage Act Cases; Boehner Appoints Lawyer to Defend DOMA, Seeks Justice Dept Budget Cuts to Cover Cost.”

At his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Boehner wants Justice Department to fund fight for Defense of Marriage Act.”

And at “The BLT: The Blog of Legal Times,” David Ingram has a post titled “Former Solicitor General Paul Clement Signs Up to Defend Marriage Law.”

Posted at 9:46 AM by Howard Bashman



“Justices hear case on boosting criminals’ sentences; The Supreme Court hears arguments on whether a prisoner can be given a longer sentence in order to undergo rehabilitation; A woman caught smuggling immigrants into California awaits the outcome”: David G. Savage has this article today in The Los Angeles Times.

Posted at 9:33 AM by Howard Bashman



“Judges See Sentencing Injustice, but the Calendar Disagrees”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times.

Posted at 9:30 AM by Howard Bashman



Monday, April 18, 2011

Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link.

The Court today granted review in one case and called for the views of the Solicitor General’s office in one case.

And in Kiyemba v. Obama, No. 10-775, Justice Stephen G. Breyer issued a statement respecting the denial of the petition for writ of certiorari, in which statement Justices Anthony M. Kennedy, Ruth Bader Ginsburg, and Sonia Sotomayor joined. Justice Elena Kagan did not take part in the consideration of that case.

In early news coverage, The Associated Press has reports headlined “Court turns away new appeal from Uighurs at Gitmo“; “High court takes no action on Va. health care case“; “Court won’t stop lawsuit against Chipotle“; “Court denies appeal over inmate’s long sentence“; and “Court turns down appeal in murder plot case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Uighurs’ plea denied.”

Posted at 10:04 AM by Howard Bashman



“Showdown time for i4i, Microsoft”: The Toronto Globe and Mail contains this article today.

Today’s edition of Financial Post contains an article headlined “High noon in i4i-Microsoft fight.”

The Canadian Press reports that “Microsoft vs. i4i case at U.S. Supreme Court has big implications for patent law.”

Brent Kendall of Dow Jones Newswires reports that “Microsoft patent fight divides business community.”

And cnet News reports that “Microsoft takes patent battle to Supreme Court.”

Posted at 8:00 AM by Howard Bashman



“Cuccinelli Makes Long-Shot Court Bid to Overturn Obama’s Health-Care Law”: Greg Stohr of Bloomberg News has this report.

Posted at 7:33 AM by Howard Bashman



Sunday, April 17, 2011

“Don’t tamper with state’s Supreme Court; Legislature’s attempt to overhaul judicial system is based on spite”: This editorial appears today in The Miami Herald.

Posted at 10:16 PM by Howard Bashman



“Supreme Court case weighs conflict of interest”: In Monday’s edition of USA Today, Joan Biskupic will have an article that begins, “Michael Carrigan, a member of the City Council in Sparks, Nev., says he was trying to make sure his vote on a proposed casino, one that his campaign manager helped develop, did not pose an ethics problem.”

Posted at 10:15 PM by Howard Bashman



“You Get the Judges You Pay For”: In Monday’s edition of The New York Times, law professors Erwin Chemerinsky and James J. Sample will have an op-ed that begins, “Legal elites must come to terms with a reality driven by the grass-roots electorate: judicial elections are here to stay. Given this reality, we should focus on balancing important First Amendment rights to financially support campaigns with due process concerns about fair trials.”

Posted at 10:12 PM by Howard Bashman



“Justice challenges ruling on GPS use; Surveillance key in drug ring trial”: This article appears today in The Washington Times.

Posted at 7:35 PM by Howard Bashman



Saturday, April 16, 2011

“In Oregon, medical pot and guns go hand in hand; But some local sheriffs don’t think medical marijuana users should be allowed to obtain concealed weapons permits; The case is before the state Supreme Court”: This article will appear Sunday in The Los Angeles Times.

Posted at 11:18 PM by Howard Bashman



“A conservative defense of ObamaCare: A Reaganite scholar expounds on its constitutionality.” Columnist Steve Chapman will have this op-ed Sunday in The Chicago Tribune.

Posted at 11:14 PM by Howard Bashman



“Sandra Day O’Connor gives civics lesson at OCU; Former Supreme Court Justice Sandra Day O’Connor spoke Thursday at Oklahoma City University’s School of Law about her new iCivics program and her life as the first woman to serve on the nation’s highest court”: This article appeared yesterday in The Oklahoman.

Posted at 11:00 PM by Howard Bashman



“Branstad sees high court’s Wiggins facing tough retention vote next year”: This article appears today in The Des Moines Register.

Posted at 10:55 PM by Howard Bashman



“With students’ help, UT professor wins Supreme Court decision in death row case”: Sunday’s edition of The Austin American-Statesman will contain an article that begins, “In October, 11 University of Texas students from the School of Law’s Capital Punishment Clinic traveled to Washington to hear their professor present his plea for death row inmate Hank Skinner in front of the U.S. Supreme Court.”

Posted at 10:54 PM by Howard Bashman



Update on challenge to the class certification of the De Beers antitrust settlement now pending before the en banc U.S. Court of Appeals for the Third Circuit: As I noted in my most recent update on this case, in which I represent the objector who prevailed before the three-judge panel, the en banc Third Circuit had issued an order allowing Class Counsel to file a response and my client to file a reply relating to my client’s response to Class Counsel’s motion for leave to file the handout that Class Counsel had wanted to use at oral argument.

Class Counsel filed their response on March 31, 2011, and yesterday I filed my client’s reply.

Posted at 4:05 PM by Howard Bashman