How Appealing



Thursday, June 9, 2011

“Juror is first to pass judgment on 2 courthouses; She inaugurated old, new buildings”: This article appears today in The Columbus (Ohio) Dispatch.

Posted at 7:54 AM by Howard Bashman



“Diversity Increases Among High Court Practitioners”: Tony Mauro has this article in this week’s issue of The National Law Journal.

Posted at 7:50 AM by Howard Bashman



Wednesday, June 8, 2011

“Judges sharply challenge healthcare law; Skeptical questions from three federal judges in Atlanta suggest they may be ready to declare unconstitutional all or part of the healthcare law promoted by the Obama administration and passed last year by Congress”: David G. Savage of The Los Angeles Times has this news update.

Joan Biskupic of USA Today has a news update headlined “Appeals court weighs health insurance mandate.”

The St. Petersburg Times has a news update headlined “Legal fight continues over health care reform law.”

The Palm Beach Post has a news update headlined “Appeals judges focus on individual mandate, severability, Medicaid in health-care law hearing.”

And Bloomberg News reports that “Health-Care Law Must Stand, U.S. Tells Third Appeals Court in Atlanta.”

Posted at 9:04 PM by Howard Bashman



“Two Ontario judges frontrunners for Supreme Court vacancies”: In today’s edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, “A pair of senior Ontario judges are emerging as leading contenders in a contest to fill two vacancies on the Supreme Court of Canada.”

Posted at 10:22 AM by Howard Bashman



“Major new corporate case at Court; A new appeal challenges the Second Circuit Court’s deeply divided ruling that foreign corporations cannot be sued in U.S. courts, under a 1789 law, for war crimes or human rights abuses”: Lyle Denniston has this post at “SCOTUSblog,” which has placed the petition for writ of certiorari online at this link.

My earlier posts covering the case can be accessed here and here.

Posted at 9:52 AM by Howard Bashman



“Atlanta court becomes health care battleground”: Bill Rankin has this article today in The Atlanta Journal-Constitution.

Today’s edition of The St. Petersburg Times contains an article headlined “In fighting health care law, Florida rejects millions in federal aid.”

Earlier this week, Joan Biskupic of USA Today reported that “Appeals court to hear states’ case against health care law.”

Warren Richey of The Christian Science Monitor has an article headlined “Health-care battle: A third US appeals court weighs law’s constitutionality; Lawyers representing 26 states square off Wednesday against the Obama administration; Both sides bring top legal talent to the appeal of a ruling by a federal judge in Florida who invalidated the entire health-care law.”

At ABCNews.com, Ariane de Vogue reports that “Obama Health Care Bill Next Up for Appeals Court Challenge.”

FOXNews.com reports that “States Objecting to Health Care Law to Get Day in Appeals Court.”

The Associated Press reports that “Health overhaul fight in pivotal Atlanta court.”

Bloomberg News reports that “Health-Care Law Must Stand, Obama Administration Tells Third Appeals Court.”

In yesterday’s edition of The Wall Street Journal, Richard A. Epstein and Mario Loyola had an op-ed entitled “ObamaCare’s Next Constitutional Challenge: The Medicaid provision of the health law spells the death knell for competition among the states.”

And at the “aca litigation blog,” Brad Joondeph has a post titled “The Medicaid question.”

C-SPAN is apparently planning to post the oral argument audio online, so I will provide a link to the audio when it becomes available.

Posted at 9:38 AM by Howard Bashman



Tuesday, June 7, 2011

“State tells federal judges it has right plan to reduce prison overcrowding”: Howard Mintz of The San Jose Mercury News has this update.

The San Francisco Chronicle has a news update headlined “State says taxes needed to reduce prison population.”

The Sacramento Bee has a news update headlined “Prison officials say crowding has eased but ask Legislature for help.”

And The Associated Press reports that “Brown moves to shift Calif. inmates to local jails.”

Posted at 8:54 PM by Howard Bashman



“Breaking News: Judge in Va. Contributions Case Reaffirms Opinion Striking Down Federal Campaign Contribution Limits Law.” Law professor Rick Hasen has this post at his “Election Law Blog.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Judge stands by campaign ruling — mostly; A federal judge, in a more modest ruling, still finds that the Supreme Court has undercut the constitutionality of the century-old ban on corporate donations directly to federal candidates.”

Posted at 4:22 PM by Howard Bashman



“40 years ago, a ruling that still rings today”: David L. Hudson Jr. has this essay online at the First Amendment Center.

Posted at 1:46 PM by Howard Bashman



“NJ court: No shield law for message boards posters.” The Associated Press has a report that begins, “The New Jersey Supreme Court says people posting in online message boards don’t have the same protections for sources as mainstream journalists.”

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

The court’s opinion begins, “Millions of people with Internet access can disseminate
information today in ways that were previously unimaginable.”

And at the conclusion of its opinion, the court writes: “The Legislature is free to expand the [Shield Law’s] coverage as a matter of policy. In an era of ever-changing technology, with new and rapidly evolving ways of communicating, the Legislature may choose to reconsider who is a newsperson and add new criteria to the Shield Law. We are not foreclosing that discussion today; we are simply interpreting an existing and far-reaching statute. ”

Posted at 11:18 AM by Howard Bashman



“Hazleton immigration ordinance to get new review”: This article appears today in The Philadelphia Inquirer.

The Allentown Morning Call reports today that “Review of Hazleton immigrant law ordered; Appeals court will reconsider city’s case in light of Supreme Court ruling on Arizona law.”

The Citizens’ Voice of Wilkes-Barre, Pennsylvania contains articles headlined “Court tosses ruling against Hazleton immigration law” and “Hazleton mayor hopes decision will spur donations to legal fund.”

And The Times Leader of Wilkes-Barre, Pennsylvania reports that “Hazleton’s immigration case revived; U.S. Supreme Court directs appellate court to reconsider decision in case.”

Posted at 10:05 AM by Howard Bashman



“Supreme Court ruling on California immigrant tuition rates could affect other states’ policies; Court’s decision could reinforce other states’ proposals to offer in-state tuition to undocumented students; It may also boost California’s Dream Act, which would give those students access to financial aid”: Larry Gordon and David Savage have this article today in The Los Angeles Times.

In today’s edition of The San Francisco Chronicle, Bob Egelko reports that “U.S. high court OKs in-state tuition for illegals.”

Howard Mintz of The San Jose Mercury News reports that “Supreme Court refuses to review California illegal immigrant tuition law.”

Warren Richey of The Christian Science Monitor reports that “In-state tuition for illegal immigrants survives, Supreme Court declines case; The Supreme Court refused Monday to hear a challenge to a California law that allows illegal immigrants to pay in-state tuition at state colleges and universities.”

And at the “School Law Blog” of Education Week, Mark Walsh has a post titled “Justices Decline Case on Tuition Benefit for Immigrants.”

Posted at 9:44 AM by Howard Bashman



“Disputed Election Fueled Prof. Hasen’s Specialty”: At the web site of the University of California, Irvine School of Law, Rex Bossert has this profile of law professor Rick Hasen, author of the “Election Law Blog.”

Posted at 9:04 AM by Howard Bashman



Monday, June 6, 2011

“Pro-choice forces seek to prevent referendum; Mississippi slated to vote on ‘personhood'”: The Washington Times has a news update that begins, “Stepping into a growing national debate over abortion rights, the Mississippi Supreme Court heard arguments Monday about whether to allow a ‘personhood’ amendment to remain on the ballot this fall.”

Posted at 7:50 PM by Howard Bashman



“Senate confirms Obama lawyer as solicitor general”: The Associated Press has a report that begins, “The Senate on Monday confirmed White House lawyer Donald Verrilli Jr. to succeed Justice Elena Kagan as U.S. solicitor general.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Verrilli gets final OK as SG.”

Posted at 7:22 PM by Howard Bashman



“Gov. Jan Brewer names D.C. attorney as lead counsel in SB 1070 petition”: The Arizona Republic has a news update that begins, “Gov. Jan Brewer has appointed Washington D.C.-based attorney and former U.S. Solicitor General Paul Clement as lead counsel for the state’s petition against the federal government in the Senate Bill 1070 case.”

And The Associated Press reports that “AZ gov picks prominent lawyer for immigration case.”

Posted at 4:58 PM by Howard Bashman



“Court tosses ruling against Hazleton’s illegal immigration law”: The Citizens’ Voice of Wilkes-Barre, Pennsylvania has this news update.

And Warren Richey of The Christian Science Monitor reports that “Supreme Court demands review of ruling in anti-illegal immigration case; A federal appeals court ruled that the anti-illegal immigration laws of Hazleton, Pa., clashed with federal authority; But the Supreme Court is telling the appeals court to reconsider the case.”

Posted at 2:20 PM by Howard Bashman



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

The Court today also issued rulings in four argued cases.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Fox v. Vice, No. 10-114. You can access the oral argument via this link.

2. Justice Clarence Thomas delivered the opinion for a unanimous Court in McNeill v. United States, No. 10-5258. You can access the oral argument via this link.

3. The Chief Justice delivered the opinion of the Court in Board of Trustees of Leland Stanford Junior Univ. v. Roche Molecular Systems, Inc., No. 09-1159. Justice Sonia Sotomayor issued a concurring opinion. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

4. And the Chief Justice delivered the opinion for a unanimous Court in Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “Court says university, company co-owners of patent“; “Court says Halliburton lawsuit can go forward“; “Court: Career criminal won’t get less prison time“; “Court says victim doesn’t have to pay lawyer fees“; “Court orders new look at Pa. city immigration regs“; “High court denies former Sen. Burris appeal“; and “Supreme Court turns down Snipes’ appeal.”

Posted at 10:05 AM by Howard Bashman