How Appealing



Wednesday, August 10, 2011

“Prison officials should be able to force meds on Loughner, prosecutors say”: The Arizona Daily Star has a news update that begins, “Whether an inmate is awaiting trial or has been convicted of a crime, prison officials still have the right to medicate them to reduce their dangerousness, federal prosecutors argued in a brief Wednesday in the Tucson shooting spree case.”

The brief that the federal government has filed in the U.S. Court of Appeals for the Ninth Circuit should soon be freely available via this link.

Posted at 10:17 PM by Howard Bashman



“Airline Pilots Allowed to Dodge Security Screening”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 5:28 PM by Howard Bashman



“Brewer asks court to hear immigration law appeal”: The Associated Press has a report that begins, “Arizona Gov. Jan Brewer filed an appeal with the U.S. Supreme Court in a bid to overturn a ruling that put on hold key parts of the state’s immigration enforcement law.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Arizona appeals on alien control law.” You can access the petition for writ of certiorari at this link.

Posted at 5:15 PM by Howard Bashman



“Exxon Wants Rehearing In Corporate Liability Dispute”: At “The BLT: The Blog of Legal Times,” Mike Scarcella has a post that begins, “Lawyers for Exxon Mobil Corp. have asked the full U.S. Court of Appeals for the D.C. Circuit to reject a panel decision that exposed the oil giant to corporate liability for alleged atrocities in Indonesia.”

You can access the rehearing petition at this link. My earlier coverage of the divided three-judge D.C. Circuit panel’s ruling appears here and here.

Posted at 3:27 PM by Howard Bashman



“Ariz. governor on deadline for immigration appeal”: The Associated Press has a report that begins, “Arizona Gov. Jan Brewer faces a Wednesday deadline for asking the U.S. Supreme Court to accept her appeal of a ruling that put on hold key parts of the state’s immigration enforcement law.”

Posted at 8:46 AM by Howard Bashman



Tuesday, August 9, 2011

“U.S. appeals court reverses self on rights warning”: Reuters has a report that begins, “Reasoning that the law regarding Miranda rights changed following a 2010 Supreme Court decision, a U.S. appeals court on Monday reversed itself in a case involving a suspect’s statements to the police.”

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

Posted at 11:22 AM by Howard Bashman



“The 3rd Circuit’s Report Card From the U.S. Supreme Court — Part II.” Today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, contains this month’s installment of my “Upon Further Review” column.

Last month’s installment, which was part one of this two-part series, can be accessed here.

In somewhat related news, I’ll be at the Philadelphia headquarters of the U.S. Court of Appeals for the Third Circuit this afternoon to take part in an appellate mediation.

Posted at 9:52 AM by Howard Bashman



“Democrats Challenging Administration on Medicaid”: The New York Times today contains an article that begins, “In an unusual break with the White House, the Democratic leaders of Congress told the Supreme Court on Monday that President Obama was pursuing a misguided interpretation of federal Medicaid law that made it more difficult for low-income people to obtain health care.”

Posted at 9:38 AM by Howard Bashman



“Appeal of prayer ruling OK’d”: Today’s edition of The Winston-Salem Journal contains an article that begins, “The Forsyth County Board of Commissioners voted 6-1 Monday night to ask the U.S. Supreme Court to reverse a lower court ruling that bans sectarian prayers at the commissioners’ board meetings.”

Posted at 9:37 AM by Howard Bashman



Monday, August 8, 2011

“Challenge to Deportation Rests on Government’s Word”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 10:11 PM by Howard Bashman



“Federal torture suit against Rumsfeld clears hurdle in Chicago appeals court; Whistle-blowers seek undisclosed damages from former defense secretary”: This article will appear Tuesday in The Chicago Tribune.

Warren Richey of The Christian Science Monitor reports that “Appeals court allows US citizens’ torture suit against Rumsfeld; The judges ruled 2-to-1 that two US citizens can bring a civil suit against former Defense Secretary Donald Rumsfeld for their alleged torture while they were held in a US military prison in Iraq in 2006.”

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled “Damages: An appeals court allows a suit against Donald Rumsfeld to go forward.”

My earlier coverage of today’s Seventh Circuit ruling appears at this link.

Posted at 10:08 PM by Howard Bashman



“Court Upholds Ban On Foreign Citizens Donating To Candidates”: Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

At his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Court upholds ban on foreign donations to U.S. campaigns.”

And at his “Election Law Blog,” Rick Hasen has a post titled “Three-Judge Court Upholds Ban on Foreign Nationals’ Contributions and Expenditures.”

D.C. Circuit Judge Brett M. Kavanaugh is the author of today’s three-judge ruling of the U.S. District Court for the District of Columbia.

Posted at 6:02 PM by Howard Bashman



“Judge allows American to sue Rumsfeld over torture”: The Associated Press issued this report last Thursday.

The identical headline, however, could describe the ruling that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

Update: Bloomberg News reports that “Rumsfeld Must Face Suit by Two Americans Held in Iraq, Appeals Court Says.”

Reuters reports that “Court allows torture lawsuit against Rumsfeld.”

And The Associated Press, in coverage of today’s ruling, reports that “Court upholds torture lawsuit against Rumsfeld.”

Posted at 1:16 PM by Howard Bashman



Sunday, August 7, 2011

“California Supreme Court pick Liu accustomed to hot seat”: Howard Mintz will have this article Monday in The San Jose Mercury News.

Posted at 10:52 PM by Howard Bashman



“A matter of opinion: Judges, attorneys differ on sectarian prayer ruling.” This article appears today in The Winston-Salem Journal.

Posted at 10:38 AM by Howard Bashman



“For Obama, a Record on Diversity but Delays on Judicial Confirmations”: John Schwartz has this article today in The New York Times.

Posted at 10:32 AM by Howard Bashman



Saturday, August 6, 2011

“The Supreme Court’s Painful Season”: Emily Bazelon will have this essay in tomorrow’s issue of The New York Times Magazine.

Posted at 1:20 PM by Howard Bashman



Friday, August 5, 2011

“Transit agency loses appeal on ads”: The Pittsburgh Tribune-Review has a news update that begins, “The Port Authority of Allegheny County’s refusal to run ads on its buses telling convicted felons of their voting rights likely will end up costing the agency more than $500,000.”

And The Pittsburgh Post-Gazette has a news update headlined “Court rules against Port Authority’s ban on political ad.”

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

Posted at 10:46 PM by Howard Bashman