How Appealing



Friday, August 5, 2011

“Court: Indian River prayers violate Constitution.” Sean O’Sullivan of The News Journal of Wilmington, Delaware has a news update that begins, “The U.S. 3rd Circuit Court of Appeals reversed a lower-court ruling today and determined that the Indian River School District’s practice of opening its board meetings with an explicitly Christian prayer is unconstitutional.”

And The Associated Press reports that “Appeals court rejects Del. school board prayer.”

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

Posted at 10:38 PM by Howard Bashman



“GOP devotion to states’ rights tripping some Republicans; Some Republicans, like possible 2012 contender Rick Perry, are having a hard time reconciling their reverence for the 10th Amendment and their desire to federally ban abortion and same-sex marriage”: This article will appear Saturday in The Los Angeles Times.

Posted at 10:30 PM by Howard Bashman



“Feds warn court: don’t leak about NSA wiretapping.” At his “Under the Radar” blog at Politico.com, Josh Gerstein has a post that begins, “The Justice Department is warning a federal appeals court not to disclose classified information about the National Security Agency’s domestic surveillance programs during upcoming arguments on a lawsuit challenging the NSA’s effort.”

Posted at 3:42 PM by Howard Bashman



“Potential jurors shouldn’t be dismissed for being gay, court told; An appellate panel hears arguments in an assault case against a gay inmate in which a lesbian was dismissed during jury selection; Defense lawyers want the panel to consider constitutional issues”: Carol J. Williams has this article today in The Los Angeles Times.

You can access yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link. The panel consisted of Circuit Judges Stephen Reinhardt, Kim McLane Wardlaw, and Marsha S. Berzon.

Posted at 1:11 PM by Howard Bashman



Thursday, August 4, 2011

By a vote of 3-to-3, the U.S. Court of Appeals for the First Circuit denies rehearing en banc of lawsuit in which U.S. citizen-residents of Puerto Rico seek the right to vote for a Representative to the U.S. House of Representatives: You can access today’s order denying rehearing en banc, and the opinions concurring in and dissenting from that order, at this link. The dissenting opinions devote a great deal of discussion to the standards for deciding whether a case qualifies for en banc review.

My earlier coverage of the original three-judge panel’s ruling can be accessed here.

Posted at 10:48 PM by Howard Bashman



“Appeals court here forces truce in ‘rum war'”: The Philadelphia Daily News has this update.

Bloomberg News reports that “Bacardi’s ‘Havana Club’ Rum Name Not False Advertising, Appeals Court Says.”

Reuters reports that “Pernod loses US appeal on Bacardi Havana Club rum; No false advertising in Bacardi’s Havana Club rum label; Pernod mulls options, may appeal.”

And the South Florida Business Journal has an article headlined “Appeals court: ‘Havana Club’ doesn’t mean ‘made in Cuba.’”

Circuit Judge Kent A. Jordan wrote today’s opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit.

Posted at 10:16 PM by Howard Bashman



Wednesday, August 3, 2011

“Judge Denies Komisarjevsky’s Request To Make Statement; Defendant In Cheshire Home Invasion Case Asked To Respond To Petit Family’s Characterizing Him As ‘Evil'”: The Hartford Courant has this news update.

The trial court’s ruling can be accessed here.

Posted at 3:50 PM by Howard Bashman



Ninth Circuit grants rehearing en banc to decide whether convicted “Millennium bomber” Ahmed Ressam’s sentence was too light: You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

The ruling of a divided three-judge panel, whose majority ordered resentencing and reassignment of the case to a different district judge, can be accessed here. My earlier coverage of that ruling appears here and here.

Posted at 9:54 AM by Howard Bashman



Tuesday, August 2, 2011

“Federal appeals court vacates ruling on Hazleton case”: The Standard Speaker of Hazleton, Pennsylvania has a news update that begins, “The U.S. Third Circuit Court of Appeals vacated a mandate that declares Hazleton’s immigration ordinances unconstitutional, the mayor confirmed Tuesday.”

Posted at 10:50 PM by Howard Bashman



“Court freezes proceeds of Hicks book”: The Sydney Morning Herald has a news update that begins, “The NSW Supreme Court has frozen assets relating to the sale of a revealing book by former Guantanamo Bay detainee David Hicks as Commonwealth prosecutors attempt to seize all proceeds from the sale of the book.”

Posted at 10:48 PM by Howard Bashman



“President Obama Nominates Judge Adalberto Jose Jordan to the United States Court of Appeals”: The White House has issued a news release that begins, “Today, President Obama nominated Judge Adalberto Jose Jordan to the United States Court of Appeals for the Eleventh Circuit.”

Posted at 6:25 PM by Howard Bashman



“Chafee granted full-party status in Pleau appeal”: Today’s edition of The Providence (R.I.) Journal contains an article that begins, “A three-judge panel of the 1st U.S. Circuit Court of Appeals on Monday granted Governor Chafee’s bid to become a full party in an accused murderer’s appeal of a court order demanding that the state surrender him to federal custody.”

Posted at 1:24 PM by Howard Bashman



“Four on board back prayer appeal”: Today’s edition of The Winston-Salem Journal contains an article that begins, “A majority of Forsyth County commissioners say they favor appealing a high court’s ruling last week that bans Christian prayers at the start of board meetings.”

My earlier coverage of last Friday’s Fourth Circuit ruling appears at this link.

Posted at 8:42 AM by Howard Bashman



“Montana Court Says Pitcher Needed Warning About Aluminum Bat”: Daniel Fisher has this post at his “Full Disclosure” blog at Forbes.com.

My earlier coverage of the ruling appears at this link.

Posted at 8:40 AM by Howard Bashman