How Appealing



Monday, May 23, 2011

“State Secrets Block Resolution of Contractors’ Suit, Justices Say”: Adam Liptak will have this article Tuesday in The New York Times.

Posted at 10:32 PM by Howard Bashman



“Panel and date set in Seven-Sky v. Holder”: Today at the “aca litigation blog,” Brad Joondeph has a post that begins, “Yet another big development today: the D.C. Circuit has announced the identity of the panel to hear Seven-Sky v. Holder and set the date for oral argument, September 23.” That blog has posted the order identifying the panel at this link.

Posted at 8:10 PM by Howard Bashman



“Justices, 5-4, Tell California to Cut Prisoner Population”: Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court upholds order that may release thousands of California inmates.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “High Court Rules Calif. Must Cut Prison Population.”

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled “Show, Don’t Tell: Do photographs of California’s overcrowded prisons belong in a Supreme Court decision about those prisons?

Posted at 7:54 PM by Howard Bashman



“N.C. judges get busy on 4th Circuit Court; The state struggled for years to get more representation on the influential court”: Barbara Barrett had this article yesterday in The Charlotte Observer.

Posted at 2:14 PM by Howard Bashman



“Supreme Court orders California to release tens of thousands of prison inmates; The 5-4 decision represents one of the largest prison release orders in U.S. history; The court majority says overcrowding has caused ‘suffering and death’; In a sharp dissent, Justice Antonin Scalia warns ‘terrible things are sure to happen'”: David G. Savage of The Los Angeles Times has this news update.

Jess Bravin of The Wall Street Journal has a news update headlined “High Court Orders Release of California Inmates.”

Joan Biskupic of USA Today has a news update headlined “Supreme Court stands firm on prison crowding.”

Howard Mintz of The San Jose Mercury News has an update headlined “Supreme Court upholds order requiring California to reduce prison population.”

And Michael Doyle of McClatchy Newspapers has an article headlined “Supreme Court: California’s prison overcrowding is ‘serious constitutional violation.’

Posted at 1:05 PM by Howard Bashman



“State board declares Prosser winner”: The Milwaukee Journal Sentinel has a blog post that begins, “State elections officials on Monday certified the results of the recount of the April 5 election for state Supreme Court, declaring Justice David Prosser was re-elected to another 10-year term on the court by 7,004 votes.”

Posted at 11:11 AM by Howard Bashman



Access online today’s Order List and decisions in argued cases of the U.S. Supreme Court: You can access today’s Order List at this link. The Court granted review in one case.

The Court today also issued two opinions in argued cases.

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Brown v. Plata, No. 09-1233. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which the Chief Justice joined. You can access the oral argument via this link.

2. And Justice Scalia delivered the opinion for a unanimous Court in General Dynamics Corp. v. United States. No. 09-1298. You can access the oral argument via this link.

In early news coverage, Mark Sherman of The Associated Press reports that “High court backs cuts in Calif. prison population.” In addition, The AP reports that “Long legal fight over Navy plane to continue” and “Court to decide if Japanese couple can be deported.”

Posted at 10:01 AM by Howard Bashman



“Rule shielding military doctors from liability faces legal battle; Opponents of the 60-year-old doctrine want it overturned to allow servicemen and women to pursue negligence claims against the government”: American Medical News has an article that begins, “The U.S. Supreme Court will decide in June whether to hear a case challenging a decades-old doctrine preventing military members from suing the federal government for medical negligence.”

Posted at 8:24 AM by Howard Bashman



“Katyal Speaks of SG ‘Mistakes’ in Japanese Internment Cases”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 8:22 AM by Howard Bashman



“Creating a 4th Amendment loophole: The Supreme Court failed to keep a lid on police excesses with its ruling this week in a Kentucky drug case.” This editorial appears today in The Los Angeles Times.

Posted at 8:20 AM by Howard Bashman



The Harvard Crimson profiles two U.S. Supreme Court Justices to mark the 50th anniversary of their graduations: The newspaper has published profiles of Justices Anthony M. Kennedy and David H. Souter.

Correction: The original version of this post mistakenly stated that both Kennedy and Souter graduated from Harvard Law School in 1961. Kennedy did graduate from Harvard Law that year, while Souter graduated from Harvard College in 1961.

Posted at 8:07 AM by Howard Bashman



“Madoff’s Curveball: Fred Wilpon tries to hold on to the Mets.” Jeffrey Toobin has this article in the May 30, 2011 issue of The New Yorker.

Posted at 8:04 AM by Howard Bashman



“John Boehner finds litigation suits him”: Politico.com has an article that begins, “For much of his political career, House Speaker John Boehner has railed against judicial over-reach and the harmful effects of excessive litigating. But while the congressman from Ohio and his Republican Party have a long history of bashing trial lawyers, the speaker himself has shown that he can be quite the litigator.”

Posted at 7:58 AM by Howard Bashman